BY-LAW & PLANNING COMMITTEE AGENDA. 3.1 October 5, 2015 Regular Meeting 2

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1 Agenda Package Pg 1 BY-LAW & PLANNING COMMITTEE AGENDA Monday, November 2, 2015, 4:15 pm Committee Room Pages 1. CALL TO ORDER 2. DECLARATION OF CONFLICTS OF INTEREST 3. MINUTES OF PREVIOUS MEETINGS 3.1 October 5, 2015 Regular Meeting 2 4. PUBLIC PRESENTATIONS 5. UNFINISHED BUSINESS 5.1 Municipality's Sign By-law 5 re: proposed changes to Sign By-law to prohibit attaching signs to trees 6. CORRESPONDENCE 6.1 October 26, Letter from Oak Realty 7 re: signs posted on trees 7. REFERRALS FROM COUNCIL / COMMITTEE 7.1 October 22, Report from the Chief Building Official. 8 Parking by Non-patrons at 99 Spine Road. 8. REFERRALS FROM C.A.O 8.1 October 13, Report from the Director of Clerks and Planning Services re: Temporary Use Zoning - Supermarket at Collins Hall 8.2 October 16, Report from the Director of Clerks and Planning Services re: zoning by-law amendment - changes to Shoreline Residential Zone to minimize environmental impact ADDENDUM 10. NEXT MEETING December 7, 2015 at 4:15PM 11. ADJOURNMENT

2 Agenda Package Pg 2 1 BY-LAW & PLANNING COMMITTEE MEETING MINUTES Monday, October 5, 2015, 4:15 pm Committee Room Present: Councillors: Resources: T. VanRoon, Chair C. Martin, Member N. Mann, Member D. Marchisella, Member ex officio C. Nykyforak S. Reinhardt L. Cyr L. Sprague, City Clerk 1. CALL TO ORDER 2. DECLARATION OF CONFLICTS OF INTEREST 3. MINUTES OF PREVIOUS MEETINGS 3.1. MINUTES OF THE PREVIOUS MEETINGS Res. 51/15 Moved By: D. Marchisella Seconded By: C. Martin That the following minutes be adopted, as amended: September 8, Carried 4. PUBLIC PRESENTATIONS 5. UNFINISHED BUSINESS 5.1. Proposed revision to Sign By-law A request has been made to revise the Sign By-law as it pertains to signs posted on trees. Res. 52/15

3 Agenda Package Pg 3 Moved By: D. Marchisella Seconded By: N. Mann That the proposed changes to the sign by-law to prohibit attaching signs to trees be deferred to the next By-laws and Planning Committee meeting to be held November 2, Carried 2 6. CORRESPONDENCE 7. REFERRALS FROM COUNCIL / COMMITTEE 8. REFERRALS FROM C.A.O 8.1. Request to lift Part Lot Control - 79 and 81 St. Laurent Place 9. ADDENDUM Res. 53/15 Moved By: N. Mann Seconded By: D. Marchisella That Staff Report CK of the Director of Clerks and Planning Services dated September 25, 2015, concerning a request to consolidate the two lots at 79 and 81 St. Laurent Place, be received; And That a by-law be passed under section 50. of the Planning Act to lift part lot control with respect to lot 60 and 61 on Plan M-367. Carried Res. 54/15 Moved By: C. Martin Seconded By: N. Mann That the notice provisions of the Council s Procedure By-law be suspended in order that the following matter may be introduced: - parking issues at St. Joseph Manor and the White Mountain Building. Carried Direction was given to staff to discontinue issuing parking tickets for misuse of WMA parking lot until Dec 31 st, NEXT MEETING

4 Agenda Package Pg Next meeting November 2, ADJOURNMENT Res. 55/15 Moved By: N. Mann Seconded By: D. Marchisella That this meeting adjourn at the hour of 5:23 PM. Carried

5 Agenda Package Pg 5 The Corporation of the City of Elliot Lake Staff Report CBO Report of the Chief Building Official for the Consideration of the By-Law and Planning Committee RE: AMENDMENT TO THE SIGN BY-LAW OBJECTIVE To provide information at the request of the Committee Chair in regards to proposed amendments to By-law #92-92, regulating the erection and displaying of signs in the City of Elliot Lake. RECOMMENDATION THAT Staff Report CBO , proposed amendments to the sign By-law #92-92, dated October 21, 2015 of the Chief Building Official be received. Respectfully Submitted Approved Bruce Ewald Chief Building Official Jeff Renaud Chief Administrative Officer October 21, 2015

6 Agenda Package Pg 6 BACKGROUND Over the last several years the number of real estate signs attached to trees throughout the community appears to have increased. This issue had been discussed and deferred by the Committee until further information could be brought forward for additional discussion. ANALYSIS Initial research would suggest attaching a sign to a tree does not necessarily harm the tree but may not be aesthetically pleasing. The installation of a proper sign post may be more visually attractive however due to snow banks and soil conditions may pose a hardship to local realtors. The proposed amendment may be achieved by adding the word tree as follows: 3. SIGNS Signs shall be classified as fascia signs, parapet signs, free-standing signs, temporary signs or sidewalk signs and shall be controlled as to location and size as follows: Residential Zones and Lands Abutting Streets AND No person shall use any tree, building, structure or land abutting any street within any zone designated as R1, R1M, R2, R2M, RMP or, RS for the erection or display of any sign other than: 3.1 Commercial, Industrial, Institutional and Rural Zones No person shall use any tree, building, structure or land abutting any street or highway within any zone designated as C1, C2, C3, C3M, C4, CM, M, I, Rural A or Rural B, for the erection or display of any sign except in conformity with the provisions of sections 3.2.1, 3.2.2, 3.2.3, and 3.2.5, and such signs shall pertain to the ownership or use conducted within the building or on the land to which it is attached. FINANCIAL IMPACT None to the City other than the initial enforcement of the By-law. LINKS TO STRATEGIC PLAN This initiative will support the City s goal #6 to take steps that will create a more attractive community. SUMMARY The implementation of these amendments may help in the beautification process of our community, but must be weighed against the financial hardships that it would impose on local realtors. Report Pg #2

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8 Agenda Package Pg 8 The Corporation of the City of Elliot Lake Staff Report CBO Report of the Chief Building Official for the Consideration of the By-Law and Planning Committee RE: Parking by Non-patrons at 99 Spine Road OBJECTIVE To provide information at the request of the Committee Chair in regard to parking issues at 99 Spine Road by individuals visiting/working at St. Josephs Manor and the Hospital. RECOMMENDATION THAT Staff Report CBO , dated October 22, 2015 of the Chief Building Official pertaining to parking at 99 Spine Road be received, AND THAT, staff be directed to re-instate the issuing of parking tickets to individuals failing to comply with the City s By-Laws as it relates to the parking at 99 Spine Road. Respectfully Submitted Approved Bruce Ewald Chief Building Official Jeff Renaud Chief Administrative Officer October 22, 2015

9 Agenda Package Pg 9 BACKGROUND In March of 2015 the City took ownership of the property at 99 Spine Road. Several complaints regarding parking at the facility were received over the next several months. It was noted that a number of the vehicles parked here were those of employees and/or visitors at St. Joseph s Manor and the Hospital. There are two signs as you enter the parking area notifying drivers that parking is for patrons of 99 Spine Road only. In early August the By-law Department began issuing warnings and recording vehicle license plate numbers of parked vehicles. If the offending vehicle parked on the property again a ticket was issued. The warnings were handed out for a period of three weeks at which time we followed standard ticketing procedures. The manager at the Hospital was also contacted and they issued a memo to all staff notifying them that parking at 99 Spine Road would no longer be permitted. In early October the By-law Department was directed to cease issuing tickets at this facility. Within several days we noticed a marked increase in the number of vehicles in the parking lot. ANALYSIS St. Joseph s Manor and the Hospital provide on-site parking for a fee. By permitting individuals to utilize the City facility for free takes this needed revenue away from the Hospital. It also means that on busier days patrons attending the facility at 99 Spine Road may have a more difficult time locating a parking space. There is also a liability risk associated with each individual located on City property. The City is currently trying to sell the property at 99 Spine Road and if successful entering into any kind of a parking arrangement with an outside entity would be counterproductive. FINANCIAL IMPACT As a number of the vehicles are owned by employees of either St. Joseph s Manor or the Hospital they can be found in the parking area all night long which contributes to additional manpower from the City in order to adequately clear snow in the parking lot during the winter season as our equipment is forced to maneuver around parked vehicles. This is also a liability issue should a vehicle be damaged in the course of our snow removal efforts. LINKS TO STRATEGIC PLAN SUMMARY The parking issue at St. Joseph s Manor and the Hospital is an internal issue; they provide a service to the community and need to provide adequate parking facilities for their patrons. Report Pg #2

10 Agenda Package Pg 10 The Corporation of the City of Elliot Lake Staff Report CK Report of the Director of Clerks and Planning Services RE: TEMPORARY USE ZONING BY-LAW SUPERMARKET AT COLLINS HALL OBJECTIVE To provide Council with information concerning the continued use of Collins Hall as a supermarket under the temporary use zoning provisions of the Planning Act. RECOMMENDATION THAT Staff Report CK of the Director of Clerks and Planning Services dated October 13, 2015, concerning a temporary zoning to accommodate the continued use of the Collins Hall as a supermarket until construction and renovations are completed at the new Pearson Plaza site be received; And That a public meeting be held on Monday December 14, 2015 at the hour of 6:30 PM. Respectfully submitted, Approved by, Lesley Sprague Director of Clerks and Planning Services Jeff Renaud Chief Administrative Officer October 13, 2015

11 2 Agenda Package Pg 11 BACKGROUND A Minister s Zoning Order (MZO) was made and filed as Ontario Regulation 200/12 which enabled the Foodland grocery store to temporarily utilize the municipally owned Collins Hall for the purposes of a supermarket. The MZO has been in effect from July 18, 2012 to December 31, Due to the urgent need, the MZO was utilized rather than a Temporary Use Zoning By-law because the notice periods were shorter. ANALYSIS Temporary Use Zoning by-laws are limited to 3 years, as are temporary use zoning amendments approved by the Minister of Municipal Affairs and Housing (MZO). The provisions of Section 39. of the Planning Act permits the Council of a local municipality to pass a by-law under Section 34. to authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law. It is suggested that an extension to December 31, 2016 should be sufficient to allow for completion of the construction, renovations etc. for the new Foodland store at Pearson Plaza. FINANCIAL IMPACT Sobey s Capital Incorporated continue to pay the lease and utilities cost for their space at the Collins Hall. LINKS TO STRATEGIC PLAN SUMMARY It is recommended Council exercise its authority under Section 39. of the Planning Act and set a date for the necessary public meeting under section 34. of the Planning Act as detailed in the Recommendation on page 1 of this report.

12 Agenda Package Pg 12 The Corporation of the City of Elliot Lake Staff Report CK Report of the Director of Clerks and Planning Services RE: ZONING BY-LAW AMENDMENT PROPOSED CHANGES TO THE SHORELINE RESIDENITAL ZONE OBJECTIVE To provide Council with information concerning changes proposed for the Shoreline Residential zone of the Municipality s Zoning By-law in order to minimize the environmental impact of shoreline development. RECOMMENDATION THAT Staff Report CK of the Director of Clerks and Planning Services dated October 15, 2015, concerning proposed changes to certain provisions of the Shoreline Residential Zone of the Municipality s Zoning By-law to minimize environmental impact be received; And That a public meeting be held on Monday December 14, 2015 at the hour of 6:00 PM. Respectfully submitted, Approved by, Lesley Sprague Director of Clerks and Planning Services Jeff Renaud Chief Administrative Officer October 15, 2015

13 2 Agenda Package Pg 13 BACKGROUND In 2003, the City amended the Official Plan and the Zoning By-law to address the proposals for the Waterfront Development project within the nine townships under the City s jurisdiction. Although the Municipality s Official Plan (1998) was prepared with a vision to include residential waterfront and rural estate uses, extensive research and planning took place over a four year period that resulted in the amendments implemented by By-law No Good stewardship provisions were included which resulted from thorough consultation with the following ministries: Natural Resources, Citizenship Culture and Recreation, Environmental and Municipal Affairs and Housing. ANALYSIS Part of Phase II of the Waterfront Development project required that the City perform a Natural Heritage Assessment and Tulloch Environmental was hired for this purpose. Tulloch Environmental recently drafted the Natural Heritage Site Investigation and Impact Assessment Report for development areas at May and Quirke Lakes. During the review it was noted that certain types of development activities may have undesirable ecological effects. Attached is a letter from the Elliot Lake Residential Development Commission dated October 5, 2015 recommending changes to the Municipality s Zoning By-law as detailed in Tulloch s report. Tulloch s report recommends changes to By-law 03-8, which is an amending by-law. The changes proposed will be implemented by amending Section 21.A Shoreline Residential RS Zone of the Municipality s Zoning By-law. Consultation with MNRF has been ongoing with respect to the changes that can be implemented. Owner education has been addressed by including an education manual in the Lakeshore Property Guide. It is provided to all waterfront property purchasers; however the MNRF are not confident that owner education is sufficient to prevent the undesirable ecological effects of residential waterfront development. A result of the consultation with MNRF is a City commitment to avoid or lessen the environmental impact. Following are mitigation strategies that can be added to the Zoning by-law: - use of native vegetation species for landscaping - minimize interior vegetation removal - ban use of fertilizers, pesticides and herbicides - maintain vegetation including shrub understory of the buffer area FINANCIAL IMPACT Waterfront development has a significant positive impact on local business and the municipality s tax base. LINKS TO STRATEGIC PLAN Future development of Elliot Lake s waterfront resources while preserving the natural environment. SUMMARY It is recommended Council set a date for the necessary public meeting under section 34. of the Planning Act as detailed in the Recommendation on page 1 of this report.

14 Agenda Package Pg 14 Office of the Elliot Lake Residential Development Commission Bylaw and Planning Committee City of Elliot Lake 45 Hillside Drive North Elliot Lake, ON P5A 1X5 October 5, 2015 Attention: L. Sprague, Director of Clerks & Planning Services RE: Proposed changes to zoning bylaw At the meeting of the Elliot Lake Residential Development Commission the following resolution was passed: Resolution No That the Commission recommends to Council that the amendments to the Municipalities zoning bylaw, as detailed in the memo from Tulloch environmental, be accepted with the exception that Section 2 iii) remain as a 4 meter buffer The memo from Tulloch environmental has been included for your information. The foregoing is respectfully submitted for your information and appropriate action. Yours truly, Ashten Vlahovich Recording Secretary ELRDC

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