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Agenda The Township of Cavan Monaghan Special Council...

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Agenda The Township of Cavan Monaghan Special Council Meeting Thursday, January 18, 2018 9:00 a.m. Council Chambers Members of the gallery are asked to please turn off all electronic devices during the Council Meeting. Any special needs requirements pertaining to accessibility may be directed to the Clerk’s Office prior to the meeting. 1. Open Session 2. Call to Order 3. Approval of the Agenda 4. Disclosure of Pecuniary Interest and the General Nature Thereof 5. Closed Session 6. Zoning By-law Presentation - Mark Stone, MLS Planning & Karen Ellis, Planner 7. General Business 8. Confirming By-law 8.1 By-law No. 2018-05 being a by-law to confirm the proceedings of the special meeting held January 18, 2018 9. Adjournment
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AgendaThe Township of Cavan Monaghan

Special Council Meeting

Thursday, January 18, 20189:00 a.m.

Council Chambers

Members of the gallery are asked to please turn off all electronic devices during the Council Meeting.Any special needs requirements pertaining to accessibility may be directed to the Clerk’s Office prior

to the meeting.

1. Open Session

2. Call to Order

3. Approval of the Agenda

4. Disclosure of Pecuniary Interest and the General Nature Thereof

5. Closed Session

6. Zoning By-law Presentation - Mark Stone, MLS Planning & Karen Ellis, Planner

7. General Business

8. Confirming By-law

8.1 By-law No. 2018-05 being a by-law to confirm the proceedings of the special meetingheld January 18, 2018

9. Adjournment

Township of Cavan Monaghan Zoning By-law Project

Council Workshop January 18, 2018

2

Purpose of this Meeting

The purpose of this meeting is to:

• introduce and provide an overview of the Draft Zoning By-law

• respond to questions from Council

• seek direction to release the Draft Zoning By-law and hold a public

open house

3

Project Goals

Create a By-law with regulations that are easy to understand,

interpret and enforce

Improve the format and structure of the By-law

Utilize best practices from other jurisdictions

Establish an effective public consultation program

Reduce the need for future amendments and minor variances

4

Work Program Update

We are

here

Technical Advisory Committee

6 meetings between January and November 2017

Public Open Houses

• February 9, 2017

• June 22, 2017

Ladies Night

in Millbrook

August 3, 2017

5

Work Program Update

8 Discussion Papers prepared:

#1 Planning Context

#2 Format, Mapping & Exceptions

#3 Definitions, General Provisions & Parking

#4 Residential & Hamlets

#5 Millbrook Community Core

#6 Industrial & Commercial

#7 Agricultural & Rural Areas

#8 Natural Heritage, Open Space & Recreation

6

Summary of Format Changes

Diagrams included to assist users to

understand and interpret the By-law

Separate General Provisions sections for

Parking and Loading

Use of tables to reduce the overall size of the

By-law and make it easier to read and

interpret

Classes of zones grouped together in

sections to facilitate a more streamlined,

condensed document

7

Structure of New Zoning By-law

Section

1 Administration and Interpretation

2 Classification of Zones

3 Residential Zones

4 Core Mixed-Use Zones

5 Commercial Zones

6 Industrial Zones

7 Agricultural and Rural Zones

8 Natural System Zones

9 Oak Ridges Moraine Zones

10 Other Zones

11 General Provisions

12 Parking and Loading Regulations

13 Definitions

14 Zone Maps 8

Residential Zones

By-law 2004-62 New By-law

R1 Residential Type 1 UR1 Urban Residential One

R2 Residential Type 2 UR2 Urban Residential Two

R3 Residential Type 3 UR3 Urban Residential Three

R4 Residential Type 4 UR4 Urban Residential Four

RR Rural Residential RR Rural Residential

ER Estate Residential

HR Hamlet Residential

9

Residential Zones

10

Residential Zones

11

Residential Zones

12

Residential Zones

13

Core Mixed-Use Zones

New By-law

CMU1 Core Mixed Use One

CMU2 Core Mixed Use Two

CMU3 Core Mixed Use Three

14

Core Mixed-Use Zones

15

Core Mixed-Use Zones

CMU1

CMU2

CMU3

FD

16

Core Mixed-Use Zones

17

Commercial Zones

By-law 2004-62 New By-law

HC Highway Commercial

C Commercial

C1 Local Commercial

C2 Hamlet Commercial

RC Recreational Commercial C3 Recreational Commercial

C4 Entertainment Commercial

C5 Community Commercial

18

Commercial Zones

19

Commercial Zones

20

Industrial Zones

By-law 2004-62 New By-law

GM General Industrial M1 Urban Employment

M2 Rural Employment

EM Extractive Industrial M3 Extractive Industrial

DM Disposal Industrial M4 Disposal Industrial

AR Airport M5 Airport Industrial

21

Industrial Zones

22

Industrial Zones

23

Agricultural and Rural Zones

24

Natural System Zones

By-law 2004-62

H Hazard

New By-law

NC Natural Core

NL Natural Linkage

25

Oak Ridges Moraine Zones

By-law 2004-62 New By-law

ORME ORM Environmental ORME ORM Environmental

ORMC ORM Core ORMC ORM Core

ORML ORM Linkage ORML ORM Linkage

ORMCO ORM Countryside ORMCO ORM Countryside

ORMRS ORM Rural Settlement ORMRS ORM Rural Settlement

ORMEI ORM Extractive Industrial ORMEI ORM Extractive Industrial

ORMEPR ORM Environmental

Plan Review ORMEPR

ORM Environmental

Plan Review

26

Other Zones

By-law 2004-62 New By-law

I Institutional I Institutional

OS Open Space OS Open Space

FD Future Development

27

General Provisions

11.2 Accessory Apartments

Where permitted in a single detached or semi-detached dwelling, a maximum of one

accessory apartment is permitted per dwelling provided that the maximum floor area used

for an accessory apartment is 100 square metres and shall not exceed 40 percent of the

floor area of the building in which it is located.

28

General Provisions

11.4.2(e) Accessory Buildings and Structures

29

General Provisions

11.6 Cannabis Production Facilities

a) Cannabis production facilities are prohibited in dwellings.

b) Cannabis production facilities are prohibited from locating within 70 metres, measured

property line to property line, of the following uses: community centres; day care

centres; dwellings; public parks and private parks; and, schools.

c) No store fronts or onsite retail distribution shall be permitted.

d) No outdoor signage or advertising shall be permitted.

e) No part of this use, including storage and accessory uses, may be located outside.

f) Cannabis production facilities shall require Site Plan approval, with particular attention

on noise, dust, odour and security features. The property owner(s) shall be required to

enter into an agreement with the Township prior to the use of any land or any

development of land.

g) Cannabis production facilities are subject to the loading and parking requirements of

this By-law.

h) Loading areas shall be located within a wholly enclosed building or at the rear of lots,

screened by building placement or by landscaping screening.

i) Cannabis production facilities shall comply with all applicable zone standards. 30

General Provisions

11.11 Gun Clubs and Shooting Ranges

Gun clubs and shooting ranges are prohibited uses in any Zone unless specifically

permitted by an amendment to this By-law.

Gun club: an organization whose activities include target practice or target shooting

competitions using firearms at an identified approved shooting range.

Shooting range: a place that is designed or intended for the discharge, on a regular

and structured basis, of firearms for the purpose of target practice or target shooting

competitions.

31

General Provisions

11.16 Keeping of Chickens The keeping of backyard chickens is only permitted as an accessory use to an existing single detached,

semi-detached or townhouse residential use and subject to the following provisions:

a) Chickens must be kept in an enclosed roofed structure which is located in a rear yard and:

i. setback a minimum of 5 metres from any lot line;

ii. no greater than 3 metres in height; and,

iii. no greater than 10 square metres in total floor area.

b) The maximum number of chickens permitted on any lot shall be five.

c) The sale of eggs, manure and other products associated with the keeping of chickens is prohibited.

d) The keeping of roosters is prohibited.

11.17 Keeping of Livestock On lots zoned Rural Residential (RR), the keeping of a maximum of two livestock units (horses, sheep,

goats and/or geese) is permitted subject to the following provisions:

a) Such livestock is accessory to a single detached dwelling and owned by and for the exclusive use of

the property owner residing on the lot.

b) The minimum lot size shall be 2 hectares.

c) The minimum setback between any pens, enclosures, paddocks or other facilities or areas for the

keeping of livestock, and any residential use on an adjacent lot shall be 20 metres.

d) A suitable means of manure storage and disposal must be provided and any MDS requirements that

are more restrictive than the provisions of this By-law shall apply.

32

General Provisions

11.18 Kennels Kennels are prohibited uses in any Zone unless specifically permitted by an amendment to this By-law.

Where specifically permitted by an amendment to this By-law, no land, building or structure shall be used

for a kennel, unless the land, building or structure is in compliance with the following regulations and any

other applicable provisions of this By-law:

a) Kennels lawfully existing as of the

date of passing of this By-law shall

henceforth be deemed to be legal

non-complying.

b) A secure, chain link fence

enclosure shall be installed and

maintained around any outdoor

run or outdoor common play area.

c) Any pen area for the housing of

dogs must be constructed with

solid walls and roofing.

d) Dog activity is not permitted in any

outdoor run or outdoor common

play area between the hours of 8

p.m. and 7 a.m.

e) Regulations in Table 11C below

also apply to kennels.

33

General Provisions

11.30 Shipping Containers

Shipping containers may be used as an accessory structure for storage purposes in Residential Zones, and the

Agricultural (A), Rural (RU) and Industrial Zones subject to the following regulations.

11.30.1 Residential Zones a) Shipping containers are not permitted in a Residential Zone except on a temporary basis for moving purposes

for a period not to exceed 14 days in which case the shipping container must be located on the driveway.

b) A shipping container is also permitted in a Residential Zone for the storage of materials during construction, for

a period not to exceed 6 months and must be removed from the property upon the completion of construction

which will be deemed to be the date of the issuance of an occupancy permit.

c) A shipping container used for temporary storage in a Residential Zone shall not exceed a maximum height of 3

metres and a maximum length of 6 metres.

11.30.2 Agricultural, Rural and Industrial Zones a) Shipping containers shall only be permitted in a rear yard and shall not be permitted in a required parking area.

b) Shipping containers are only permitted in an Industrial Zone where outdoor storage is also permitted.

c) Shipping containers in an Industrial Zone shall be screened from the road frontage and buildings on abutting

lots.

d) Shipping containers are not permitted any closer than 50 metres to properties containing residential uses or

zoned for residential use.

e) Shipping containers shall not be used for human habitation.

f) The minimum lot area shall be 0.4 hectares.

g) A maximum of one shipping container is permitted per 0.4 hectares of lot area to a maximum of four containers

on any one lot.

h) The maximum shipping container area shall be 51 m2. 34

General Provisions

11.35.2 Model Homes Notwithstanding Section 11.23, model homes are permitted in all Zones on lands that have received draft

plan of subdivision or condominium approval for residential purposes provided that:

a) The model home is built within a lot defined by the draft approved plan of subdivision or condominium;

b) Not more than the lesser of 20 units or 10 percent of the total number of residential units contained in

the approved draft plan or site plan are constructed as model homes;

c) The model home complies with all other requirements of this By-law for the applicable type of dwelling

unit; and,

d) The buildings are used for the purpose of model homes only and must not be occupied prior to the

date of registration of the subdivision, condominium, or similar development agreement.

11.35.3 Temporary Sales Offices Notwithstanding Section 11.23, temporary sales offices used for the sale of residential, employment or

commercial lots or units in a plan of subdivision or condominium are permitted in all Zones, subject to the

following provisions:

a) The temporary sales office is not permitted until an applicable plan of subdivision or condominium has

received draft plan approval or the property is in a Zone that permits the proposed development.

b) Any temporary sales office is removed within 60 days after completion of the last suite or dwelling unit

as the case may be.

c) The temporary sales office must comply with the minimum yards for the applicable Zone.

d) If parking spaces are provided, the temporary sales office must comply with the parking provisions of

this By-law.

35

Parking and Loading

12.2.12 Parking of Commercial Motor Vehicles in Residential Zones The following provisions apply to the parking of commercial motor vehicles in Residential Zones:

a) The commercial motor vehicle must be parked in a private garage or on a driveway.

b) Commercial motor vehicles are not permitted on any lot unless a principal building has been

constructed on that same lot.

c) The commercial motor vehicle must be no more than 7.5 metres in length (exclusive of hitch/tongue).

d) The commercial motor vehicle must be no more than 3.2 metres in height, measured from the ground

to the highest point of the vehicle.

12.2.13 Parking of Recreational Vehicles and Boats The following provisions apply to the outdoor parking or storage of any recreational vehicle or boat in a

Residential Zone:

a) The recreational vehicle or boat must not be used for human habitation purposes while parked on the

lot.

b) A total of two recreational vehicles or two boats or one recreational vehicle and one boat is permitted

on a lot.

c) The recreational vehicle or boat must be parked in the interior or rear yards only, and/or on a driveway

extending from a private garage or carport.

d) A recreational vehicle and a boat must not be parked on the same driveway.

e) A recreational vehicle or boat must not occupy required parking spaces.

36

Parking and Loading

12.2.16 Drive-Through Service Facilities

12.2.16.1 Stacking Lane Requirements Stacking lanes are required and must be exclusive of any other parking space and loading space and aisle

requirements contained within this By-law and must be provided in accordance with Table 12G.

12.2.16.2 Location of Ingress and Egress Spaces

a) Required ingress spaces must be located and calculated

from the entrance of the stacking lane to the product pick-

up window.

b) The required egress spaces must be located after the

service product pick-up window or dispensing machine.

c) The vehicle space at the product pick-up window will count towards the minimum egress spaces.

12.2.16.3 Size of Stacking Space All stacking spaces must be rectangular in shape, with a minimum length of 6.0 metres and a minimum width of 3.0

metres.

12.2.16.4 Setbacks from Residential Zone Boundary Stacking lanes and all order boxes using voice communication to order must be located no closer than 15.0 metres

from any Residential Zone boundary.

12.2.16.5 Location of Stacking Lanes, Order Boxes, and Wall Openings Associated with a Drive-

through Service Facility in Relation to Front and Exterior Side Lot Lines No stacking lanes, order boxes, or wall openings associated with a drive-through service facility can be located in

any minimum required yard, or in front of a wall facing the front or exterior side lot line unless all of the components

of a drive-through service facility are located a minimum of 10 metres from the front and exterior lot lines. 37

Definitions

Outdated terminology updated or removed

New definitions added as required

Existing definitions revised or replaced to improve clarity

Numbering removed

38

Zone Maps

39

Zone Maps

40

Next Steps

• Public open house to present draft Zoning By-law – February

• Review comments received, revise draft Zoning By-law and

present to Council – March

• Statutory open house and public meeting – April/May

41

The Township of Cavan Monaghan

By-law No. 2018-05

Being a by-law to confirm the proceedings of the special meeting of the

Council of the Township of Cavan Monaghan held on the 18th

day of

January, 2018

Whereas the Municipal Act, 2001, S.O., 2001, c.25, S.5, S. 8 and S. 11 authorizes Council to pass by-laws;

Now Therefore the Council of the Township of Cavan Monaghan hereby enacts as follows: 1. That the actions of the Council at its special meeting held on the 18

th day

of January, 2018 in respect to each recommendation and action by the Council at its said meetings except where prior approval of the Ontario Municipal Board or other statutory authority is required are hereby adopted ratified and confirmed.

2. That the Mayor and Clerk of the Township of Cavan Monaghan are

hereby authorized and directed to do all things necessary to give effect to the said actions or obtain approvals where required, and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the Corporate Seal to all such documents.

Read a first, second and third time and passed this 18

th day of January,

2018.

_____________________ _____________________

Scott McFadden Elana Arthurs

Mayor Clerk

42


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