Amendments to Zoning By-Law 2011-7100

The Council of the Corporation of the City of Timmins meeting as a Committee of the Whole will hold a public meeting on Monday, September 12, 2011, at 6:00 p.m., in the Council Chambers, City Hall, 220 Algonquin Boulevard East, to consider two (2) amendments to the Zoning By-law 2011-7100. The proposed amendments are detailed below.

Amendment No. 1

Owner: Mary Thoms, Linda Pirie and Anthony Ciccone
Applicant: Matthew King, Brutto Consulting

Description of Land
The legal description and size of the land particular to this application to amend the Zoning By-law is set out below:

South Part of Lot 3, Concession 6
Mountjoy Township
Part of Parcel 16011 South East Cochrane

The subject land has a frontage of approximately 190 metres (623.35 feet on Airport Road and an area of approximately 60.7 hectares (150 acres).

The attached map (Figure 1) shows the location of this land.

Existing Land Use
Presently, the subject land currently has two single detached dwellings, which are legally non-conforming, an agricultural structure and accessory structure.

Proposed Land Use
There are no new proposed land uses.

Zoning
Schedules 8 of Zoning By-law No. 2011-7100 zones the subject land Wetland – Special (RD-WET SP6.29).

Proposed Amending By-law
THAT Schedule 8 of Zoning By-law No. 2011-7100 be amended by changing the zoning for the subject land from Wetland – Special (RD-WET SP6.29) to Hazard Lands – Special (RD-HAZ SP6.29).

Purpose and Effect
The proposed amending By-law changes the zoning for the subject land from Wetland – Special (RD-WET SP6.29) to Hazard Lands – Special (RD-HAZ SP6.29). Hazard Lands – Special (RD-HAZ SP6.29) will permit certain uses in accordance with the Zoning By-law, Provincial Policy Statement and Mattagami Region Conservation Authority’s guidelines and regulations; whereas the Wetland (RD-WET) did not permit any uses. The existing structures on site as is: two single detached dwelling, a hatchery with a floor area not exceeding 200 m2 and an accessory barn structure having a gross floor area of approximately 45 m2 will also be permitted uses.

Figure 1: Subject Lands

Amendment No. 2

Owner: Cy Rheault Construction Ltd.
Agent: Sarah Vereault, J.L. Richards and Associates Ltd.

Description of Land
The subject property is an irregular shaped parcel of land having frontage on the west side of Airport Road and McChesney Road.

The legal description and size of the land particular to this application to amend the Zoning By-law is set out below:

Part of Lot 2, Concession 3, Mountjoy Township
Parcel 12555 South East Cochrane

The subject land has a frontage of 686.67 metres (2252.85 feet) on Airport Road, a frontage of 519.23 metres (1703.51 feet) on McChesney Road and an area of 11.2 hectares (28 acres).

Figure 2 shows the location of this land.

Existing Land Use
Presently, the subject land is vacant.

Proposed Land Use
Cy Rheault is planning to develop a school bus parking area, bus garage, office and retail commercial development.

The attached site plan / concept plan (Figure 2) shows the proposed highway commercial development. It is mentioned that the land use proposal (layout of the parking area, size and location of building and other details) may change minimally.

The proposal consists of parking for 110 school buses in the flood zone, a bus repair shop and office for the school bus company in the non-flood hazard zone. The retail commercial development will comprise of a total of six buildings, totaling 5,500 square metres (59,201 square feet).

Zoning
Schedule 13 of Zoning By-law No. 2011-7100 zones the subject land Hazard Lands (RD-HAZ); Rural (RD-RU); Residential Medium Density – Special (NA-RM2 – SP6.39; Neighbourhood Commercial – Special (EA-CN – SP6.40; and Residential Low Density – Special (NA-R2 – SP6.39). The proposed commercial buildings are to be located in the non-hazard (non-flood) zones.

Required
For the proposed uses, a Special site specific and Highway Commercial (EA-CH) zone is required.

It is noted that the lands zoned Hazard Lands (RD-HAZ) will remain in this zoning category with a special clause permitting the parking of commercial vehicles, specifically school buses, within this zone on the subject property.

Proposed Amending By-law

THAT Schedule 13 of Zoning By-law No. 2011-7100 be amended by changing the zoning for the parts zoned Residential Medium Density (NA-RM2), Residential Low Density (NA-R2), Neighbourhood Commercial (EA-CN) to Highway Commercial (EA-CH); and that the parts zoned and Rural (RD-RU) and Hazard Lands (RD-HAZ) to Hazard Lands – Special (RD-HAZ – SP6.).

THAT irrespective of the uses permitted in the Hazard Lands (RD-HAZ) zone by the Zoning By-law, the parking of school buses will be permitted in this zone. It is noted that a Cut and Fill Application will be submitted to the Mattagami Region Conservation Authority (MRCA) for approval.

Purpose and Effect
The proposed amending By-law changes the zoning for the parts zoned Residential Medium Density (NA-RM2), Residential Low Density (NA-R2), Neighbourhood Commercial (EA-CN) to Highway Commercial (EA-CH); and that the parts zoned and Rural (RD-RU) and Hazard Lands (RD-HAZ) to Hazard Lands – Special (RD-HAZ – SP6.). The Highway Commercial (EA-CH) and Hazard Lands – Special (RD-HAZ – SP6.) zoning would permit the proposed commercial development in conformity with the Provisions for Commercial zones as well as MRCA standards and regulations.

Figure 2: Subject Lands

Figure 2: Subject Lands

The Development and Community Services Department would appreciate receiving comments from any person or organization on these proposed changes to the Zoning By-law. Persons or organizations may submit comments to reach the undersigned whether by mail or delivery, by September 12, 2011 or attend the public meeting to make their comments to City Council.

Andre Robichaud
Development and Community Services Department
220 Algonquin Boulevard East
City Hall
Timmins, Ontario
P4N 1B3

Additional information on the proposed changes to the Zoning By-law are available for viewing at the Development and Community Services Department between the hours of 8:30 to 12:00 a.m. and 1:00 to 4:30 p.m. at City Hall, 220 Algonquin Boulevard East, Timmins.

The Regulations of the Planning Act for Zoning By-law requires that the following statement be included in the Information and Notice of Public Meeting.

i. If a person or public body does not make oral submissions at a public meeting or make written submissions to City Council in Committee of the Whole before the by-law is passed, the person or public body is not entitled to appeal the decision of City Council in Committee of the Whole to the Ontario Municipal Board.

ii. If a person or public body does not make oral submissions at a public meeting, or make written submissions to City Council in Committee of the Whole 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 Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so.

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