Planning and Development Committee Meeting | February 5, 2025

November 05, 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

 

February 5, 2025 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 the Planning Services Branch.  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 January 30, 2025 through the Town's Document Centre or by visiting the Council page on the Town's website.

The following applications will be considered:

ZONING AMENDMENT APPLICATION NO. D14-09/24

ELLARD - ROLL NUMBER 050 014 020 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 zones of Shoreline Residential Type 5 (SR5) in part and Rural (RU) in part to Shoreline Residential Type 1 (SR1) in part, Rural Residential (RR) in part, Rural Special – 68 (RU-68) in part and Rural Special – 69 (RU-69) in part.

Consent Applications D10-13/24 through to D10-17/24 have been granted conditional approval on the subject lands, which resulted in five severed parcels and one retained parcel. 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) zone permits a detached dwelling or seasonal dwelling with accessory uses of sleeping cabin, bed & breakfast, and home occupation.

The existing Rural (RU) zone permitted uses include Agricultural Uses, Bed and Breakfast Establishment, Boarding Kennels, Detached Dwelling, Equestrian Centre, Forestry Operations, Group Home “A”, Backyard Hens, Hobby Farm, Home Industry, Home Occupation, Hunt Camp, Market Garden, Reforestation Activities, Second Dwelling Unit, Veterinary Clinic and Woodland Retreat. The Rural (RU) zone requires a minimum lot area of 4.0 hectares (9.88 acres) and a minimum lot frontage of 120.0 metres (393 feet).

The proposed Rural Residential (RR) zoning permitted uses include Bed and Breakfast Establishment, Detached Dwelling, Group Home ‘A’, Backyard Hens, Hobby Farm, Home Industry, Home Occupation, and Second Dwelling Unit. The Rural Residential (RR) zone requires a minimum lot area of 2.0 hectares (4.9 acres) and a minimum lot frontage of 90.0 metres (295 feet). 

Severed lots 2, 3, 4 and 5 do not meet the minimum lot frontage or minimum lot area requirement of the Rural (RU) zone but do meet the minimums of the Rural Residential (RR) zone.

Severed lot 1 is proposed to be zoned Rural Special – 68 (RU-68), which permits are all those uses in the Rural (RU) zone subject to the following provisions:

  • If a detached dwelling is located in the RU-68 zone than the front lot line is the street line abutting Purbook Road.

The Retained lot is proposed to be zoned Rural Special – 69 (RU-69) , which permits all those uses in the Rural (RU) zone, subject to the following provisions:

  • If a detached dwelling is located in the RU-69 zone than the front lot line is the street line abutting Purbook Road; and
  • That the existing wood shed accessory structure is permitted in the front yard at a minimum setback of 42 metres from the front lot line. 

The current Environmental Protection Wetland One (EPW1) zoned portion of the lands will not change as a result of this application.  

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

ZONING AMENDMENT APPLICATION NO. D14-09/24

OFFICIAL PLAN AMENDMENT APPLICATION NO. D09-17/24

HALL DEVELOPMENT GROUP - ROLL NUMBER 

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 and Comprehensive Zoning By-law No. 2016-088, as amended, for the subject lands located at 9 Dandelion Lane.

The purpose of the Official Plan Amendment is to add a site-specific policy to allow for a maximum density of 92.5 units per hectare for a total of 85 dwelling units permitted on the subject lands. An Official Plan Amendment is required to permit the site-specific density requested as Section C2.1.9 of the Official Plan currently only allows for a maximum gross density of 42 units per hectare for medium density development.

The property is currently zoned Residential Type 1 Special – 50 Holding (R1-50H) in part and Residential Type 3 Special – 22 Holding (R3-22H) in part, but the portion of the lands zoned Residential Type 1 Special – 50 Holding (R1-50H) are not subject to either amendment proposed.

Permitted uses in the existing Residential Type 3 Special – 22 Holding (R3-22H) zone only permit the existing use until the Holding (H) Symbol is removed, at which time the permitted uses would be all those uses in the Residential Type 3 (R3) zone including Detached Dwelling, Semi-Detached Dwelling, Duplex Dwelling, Row Dwelling and Triplex Dwelling with the accessory use of Home Occupation, plus additional permitted uses of Group Housing and Fourplex Dwelling. The following special provisions are applicable to the existing Residential Type 3 Special – 22 Holding (R3-22H) zone:

i.              The front lot line is the lot line abutting the Original Road Allowance running between Concession 2 and Concession 3, Monck South Ward;

ii.             The maximum building height is 9 metres;

iii.            The maximum density is 40 dwelling units to a maximum density of 38.5 units/hectare;

iv.            That end units of Row Dwellings are permitted to have a minimum lot frontage of 8.5 metres;

v.             That end units of Row Dwellings are permitted to have a setback of 1.5 metres except where abutting a lot line of a property containing a detached dwelling unit, in which case the standard setback applies;

vi.            That access is only from Dandelion Lane; and

vii.           That the Holding provision would not be removed until the following requirements have been met:

a.             A Site Plan Agreement is entered into with the Town of Bracebridge;

b.             A Servicing Agreement is entered into with the District of Muskoka;

c.             Confirmation is received by the Town that a Cultural Heritage Resources Assessment is completed to the satisfaction of the Ministry of Tourism, Culture and Sport; and

d.            A Traffic Impact Assessment is provided to the satisfaction of the Town and District of Muskoka.

The zoning amendment proposing to rezone the Residential Type 3 Special – 22 Holding (R3-22H) portion of the subject lands to Residential Type 3 Special – 32 (R3-32).  The requested Residential Type 3 Special – 32 (R3-32) permitted uses would be all those uses within the Residential Type 3 (R3) zone, subject to the following provisions:

i.              That the maximum height is 12.5 metres;

ii.             A maximum of 85 dwelling units are permitted at a maximum of 92.5 units per hectare;

iii.            The minimum front yard setback shall be calculated from the front lot line which is deemed to be the lot line abutting the Original Road Allowance between Concession 2 and Concession 3;

iv.            The minimum frontage setback shall be calculated from the front lot line which is deemed to be the lot line abutting the Original Road Allowance between Concession 2 and Concession 3;

v.             That where an end unit stacked townhouse or row dwelling abuts the front lot line, the minimum setback from the end unit to the front lot line shall be 1.58 metres;

vi.            The minimum setback to the centre line of Dandelion Lane shall be 11.66 metres;

vii.           That the minimum rear yard setback to the end unit of Building 1 as shown on the Concept Plan be 7.49 metres;

viii.          That the minimum dwelling unit size shall be 39.4 square metres;

ix.            That the minimum required parking shall be 124 parking spaces for 85 dwelling units and

x.             That the minimum lot area for 85 stacked townhouse dwelling units shall be 10,2662.7 square metres.

The following definitions are requested to apply to the Residential Type 3 Special – 32 (R3-32) zone:

DWELLING, STACKED TOWNHOUSE – Means a building that contains two or more attached dwelling units which may be vertically and horizontally divided, each having independent access from the outside.

GROUP HOUSING – Means two or more separate detached dwellings, semi-detached dwellings, duplex dwellings, triplex dwellings, fourplex dwellings, row dwellings, apartment dwelling buildings or stacked townhouse dwellings, located on the same lot and retained under single or condominium ownership.

BUILDING HEIGHT – Shall be measured from the average grade of the four corners of the building to the mean heights between the eaves and ridge of a sloped roof.

All other applicable provisions of the Residential Type 3 (R3) zone shall continue to apply with respect to the lands located within the Residential Type 3 Special – 32 (R3-32) zone.

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.

Take notice that an appeal to the Ontario Land Tribunal in respect to all or part of this zoning amendment application may be made by filing a notice of appeal with the Town Clerk either via the Ontario Land Tribunal e-file service (first-time users will need to register for a My Ontario Account) by selecting Bracebridge (Town of) as the Approval Authority or by mail to the Planning and Development Department, Town of Bracebridge, 1000 Taylor Court, Bracebridge, ON, P1L 1R6 no later than 4:00 p.m. on the twentieth day after the Notice of Decision is issued. The filing of an appeal after 4:00 p.m., in person or electronically, will be deemed to have been received the next business day. The appeal fee of $1,100 can be paid online through e-­file or by certified cheque/money order to the Minister of Finance, Province of Ontario. If you wish to appeal to the Ontario Land Tribunal (OLT) or request a fee reduction for an appeal, forms are available from the OLT website at www.olt.gov.on.ca. If the e-file portal is down, you can submit your appeal to planning@bracebridge.ca.

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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