Planning and Development Committee Meeting | September 4, 2024

August 02, 2024

NOTICE OF A COMPLETE APPLICATION and NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED AMENDMENT TO ZONING BY-LAW #2016-088 OF THE TOWN OF BRACEBRIDGE

 

TAKE NOTICE THAT THE PLANNING AND DEVELOPMENT COMMITTEE WILL HOLD A HYBRID PUBLIC MEETING ON

 

September 4, 2024 at 2:30 PM.

This meeting will be held in a Hybrid format in accordance with Section 238 of the Municipal Act, and the Town’s Procedure By-law, which provide for Electronic Participation.

Members of the public wishing to comment are strongly encouraged to make a written submission any time prior to the hearing by emailing planning@bracebridge.ca .  Members of the public wishing to make oral submissions to the Committee may do so by attending the Council Chambers at 1000 Taylor Court or Electronically through Zoom.  A link to the Zoom meeting and instructions on how to participate will be made available to the public on August 29, 2024 at:  https://bracebridge.civicweb.net/filepro/documents/28642/ or by going to http://calendar.bracebridge.ca/council.

The following applications will be considered:

OFFICIAL PLAN AMENDMENT NO. D09-16/24

ZONING AMENDMENT APPLICATION NO. D14-05/24

RAINBOW LANE COTTAGERS CORPORATION. - ROLL NUMBER 050 014 036 00 

EXPLANATION OF THE PURPOSE AND EFFECT OF THE PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW:

Applications have been received to amend the Official Plan of the Town of Bracebridge, as well as amend Comprehensive Zoning By-law No. 2016-088, as amended, for the property described part of Lot 26, Concession 13, Draper Ward, Town of Bracebridge, being Parts 1 & 2 on Plan 35R-5596. 

Rainbow Lane Cottagers Corporation, consisting of individual shareholders, have made an application to amend the Official Plan through the addition of a site-specific policy to allow for the recognition of the existing development on the subject lands as a Residential Compound.

The purpose of the Official Plan Amendment is required to recognize the existing use of the property as Section F2.4.4.4 of the Official Plan states that Residential Compounds can only proceed through an Amendment to the Official Plan.

The subject lands contain 7 existing dwellings, one shared cabin and two sheds. There is currently a Site Plan Agreement registered on title for the subject lands, and no additional development is proposed with the Zoning Amendment of Official Plan Amendment applications. 

The lands are currently zoned Tourist Commercial Special – 2 (CT1-2), which permitted uses are limited to a Tourist Establishment. 

  1. The proposed Zoning Amendment would rezone the subject lands from the present zone Tourist Commercial Special – 2 (CT1-2) to Shoreline Residential Type 1 Special – 96 (SR1-96) zone. In a Shoreline Residential Type 1 Special – 96 (SR1-96) zone, the permitted uses are limited to the existing uses at the time of passing of this by-law subject to the following provisions:
  2.           That notwithstanding Section 3.3.3.1, the minimum lot area and minimum lot frontage requirements are the existing dimensions of the lot on the date of passage of this by-law; and
  3.          That the existing development is recognized as a Residential Compound with no further dwellings permitted on site.

The following definitions shall apply to the Shoreline Residential Type 1 Special – 96 (SR1-96) zone:

Residential Compound – Means seven (7) detached dwelling units assigned for individual use through a corporation along with a shared cabin and two sheds on one lot. 

All other applicable provisions of the Shoreline Residential Type 1 (SR1) zone shall continue to apply with respect to the lands located within the Shoreline Residential Type 1 Special – 96 (SR1-96) zone where applicable.  

KEY PLAN SHOWING LOCATION OF THE LANDS TO WHICH PROPOSED BY-LAW APPLIES:

 

ZONING AMENDMENT APPLICATION NO. D14-06/24

ESTATE OF ROSS MCEACHRAN & BRIAN MCEACHRAN - ROLL NUMBER 040 024 088 00/040 024 089 00/040 024 088 20 

 

EXPLANATION OF THE PURPOSE AND EFFECT OF THE PROPOSED ZONING BY-LAW:

The zoning amendment proposes to amend the Town of Bracebridge’s Comprehensive Zoning By-law 2016-088 by changing the zoning on part of the subject lands from the present zone of Rural (RU) in part, Shoreline Residential Type 1 Special – 32 (SR1-32) in part, Shoreline Residential Type 5 Special – 2 (SR5-2) in part, and Environmental Protection Wetland One (EPW1) in part to Shoreline Residential Type 1 Special – 95 (SR1-95) in part, Shoreline Residential Type 5 Special – 3 (SR5-3) in part, Environmental Protection Wetland One (EPW1) in part, and Environmental Protection Wetland One Special – 4 (EPW1-4) in part.

Consent Application D10-10/23 has been granted conditional approval on the subject lands, which resulted in one severed lot and one retained lot. The purpose of the rezoning is to fulfill a condition of Consent Application D10-10/23 to bring both the severed, benefitting and retained lots into compliance with the Comprehensive Zoning By-Law and to implement recommendations of the applicable Water Quality & Impact Assessment (WQIA).

In the Rural (RU) zone, the minimum lot area and minimum lot frontage requirements are 4.0 hectares (9.88 acres) and 120 metres (394 feet). The Environmental Protection Wetland One (EPW1) zone does not have minimum lot frontage or minimum lot area requirements. The minimum lot area and lot frontage requirements of a lot in the Shoreline Residential Type 5 (SR5) zone are the dimensions of that lot existing on the date of passage of Comprehensive Zoning By-law 2016-088, therefore any reduction in lot area or lot frontage requires a rezoning to recognize the resultant lot dimensions. 

The retained lot will meet the Rural (RU) zone standards but will need to be rezoned in part to recognize the new Shoreline Residential Type 5 Special – 3 (SR5-3) zone, which permitted uses shall be all those uses permitted in the Shoreline Residential Type 5 (SR5) zone subject to special provisions defining the retained lot dimensions and the following recommendation of the WQIA:

i.              That any proposed shoreline pathway has a maximum width of  2.5 metres in forested areas only and shall be constructed of permeable materials.

All other applicable provisions of the Shoreline Residential Type 5 (SR5) zone shall continue to apply with respect to the lands located within the Shoreline Residential Type 5 Special – 3 (SR5-3) zone. 

The resultant lot of the merger of the benefitting and severed lot is zoned Shoreline Residential Type 5 (SR5) in part, and Shoreline Residential Type 1 Special – 32 (SR1-32) in part.

In the Shoreline Residential Type 1 Special – 32 (SR1-32) zone, permitted uses are all those uses in the Shoreline Residential Type 1 (SR1) zone with all vegetation retained within 22.5 metres (73.8 feet) of Fawn Lake except for a 1.8 metre (5.9 foot) path, minimum high water mark setback is 22.5 metres (73.8 feet) and septic is a minimum of 30 metres (98.4 feet) from the high water mark.  The minimum lot area and lot frontage requirements in the Shoreline Residential Type 1 Special – 32 (SR1-32) zone are 0.4 hectares (0.99 acres) and 60 metres (197 feet).

The resultant lot of the merger of the benefitting and severed lot would be rezoned to Shoreline Residential Type 1 Special – 95 (SR1-95), with the permitted uses shall be all those uses permitted in the Shoreline Residential Type 1 (SR1) zone subject to the following provision as recommended by the WQIA:

  1. That any proposed shoreline pathway has a maximum width of 2.5 metres in forested areas only and shall be constructed of permeable materials.

All other applicable provisions of the Shoreline Residential Type 1 (SR1) zone shall continue to apply with respect to the lands located within the Shoreline Residential Type 1 Special – 95 (SR1-95) zone.

The Environmental Protection Wetland One (EPW1) and Environmental Protection Wetland One Special – 4 (EPW1-4) would not permit any structural development, and the proposed EPW1-4 zone would also implement recommendations of the associated Water Quality Impact Assessment including the following special provisions:

  1. That any proposed shoreline pathway has a maximum width of  2.5 metres in forested areas only and shall be constructed of permeable materials;
  2. That shoreline structures are limited to only a floating-type or pole dock;
  3. That any proposed boat slip must be located a minimum of 15 metres inland where no fish habitat is identified; and
  4. That no shoreline amenity areas, such as boathouses, cleared shoreline areas, recreational or equipment structures are permitted.

KEY PLAN SHOWING LOCATION OF THE LANDS TO WHICH PROPOSED BY-LAW APPLIES:

ZONING AMENDMENT APPLICATION NO. D14-07/24

POLNI HOLDINGS LTD. - ROLL NUMBER 050 005 026 00 

EXPLANATION OF THE PURPOSE AND EFFECT OF THE PROPOSED ZONING BY-LAW:

The zoning amendment proposes to amend the Town of Bracebridge’s Comprehensive Zoning By-law 2016-088 by changing the zoning on part of the subject lands from the present zone of Shoreline Residential Type 5 (SR5) to Shoreline Residential Type 1 (SR1) in part, Shoreline Residential Type 1 Special – 92 (SR1-92) in part, Shoreline Residential Type 1 Special – 93 (SR1-93) in part, Environmental Protection One (EP1) in part and Environmental Protection Wetland One (EPW1) in part.

Consent Applications D10-32/23 through to D10-34/23 have been granted conditional approval on the subject lands, which resulted in three severed parcels and one retained parcel, and the creation of a right-of-way for access. The purpose of the rezoning is to fulfill a condition of these consent applications to bring both the severed and retained lots into compliance with the Comprehensive Zoning By-Law #2016-088.

The Shoreline Residential Type 1 (SR1), Shoreline Residential Type 1 Special – 92 (SR1-92), and Shoreline Residential Type 1 Special – 93 (SR1-93) would all permit a detached dwelling or seasonal dwelling with accessory uses of sleeping cabin, bed & breakfast, and home occupation.  The Shoreline Residential Type 1 Special – 92 (SR1-92), and Shoreline Residential Type 1 Special – 93 (SR1-93) would implement recommendations of the Environmental Impact Study through the inclusion of the following provisions:

  1. That the minimum setback from the intermittent watercourse identified on the subject lands is 20 metres, which must be kept in a natural state; and
  2. That the minimum setback from the permanent watercourse identified on the subject lands is 30 metres, which must be kept in a natural state. 

Both the Environmental Protection One (EP1) and Environmental Protection Wetland One (EPW1) would not permit any structural development and would also implement recommendations of the associated Environmental Impact Study.  

KEY PLAN SHOWING LOCATION OF THE LANDS TO WHICH PROPOSED BY-LAW APPLIES:

If a person or public body would otherwise have an ability to appeal the decision of the Town of Bracebridge Council to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Town of Bracebridge before the by-law is passed, the person or public body is not entitled to appeal the decision. 

If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Town of Bracebridge before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. 

If you wish to be notified of the decision of the Town of Bracebridge on the proposed zoning by-law, you must make a written request to the Planning and Development Department, Town of Bracebridge, 1000 Taylor Court, Bracebridge, ON, P1L 1R6.

For more information on electronic participation or for a copy of the Notice of Public Meeting, please contact the Planning Services Branch.

Contact Planning Services

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Town of Bracebridge
1000 Taylor Court
Bracebridge, ON P1L 1R6
Phone: (705) 645 5264

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