Zoning By-law Amendment (80 Madeline Drive)

BY-LAW Number: 
2010-068
Summary: 

BEING A BY-LAW UNDER THE PROVISIONS OF SECTIONS 24(2) AND 34 OF THE PLANNING ACT, R.S.O. 1990, c. P.13, aAS AMENDED, TO AMEND THE COLLINGWOOD ZONING BY-LAW, WITH RESPECT TO CERTAIN LANDS KNOWN AS PART OF LOT 50 & 51, CONCESSION 12, GEOGRAPHIC TOWNSHIP OF NOTTAWSAGA, TOWN OF COLLINGWOOD, COUNTY OF SIMCOE, COMMONLY REFERRED TO AS 80 MADELINE DRIVE


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2010-068 80 Madeline Dr_ZBA.pdf1.15 MB
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, permits the Council of local municipalities to pass Zoning By-laws for prohibiting the use of land or the erection of buildings or structures except for such purposes as may be set out in the By-law;

 
AND WHEREAS Section 24(2) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, permits a Council, if it has adopted an Official Plan amendment, to pass a By-law that does not conform with the Official Plan provided that the By-law will conform with the Official Plan once the amendment comes into effect;
 
AND WHEREAS the CollingwoodZoning By-law is the governing By-law of the Corporation of the Town of Collingwood and such was passed by the Council of the Town of Collingwood on April 12, 2010;
 
AND WHEREAS Council for the Corporation of the Town of Collingwood deems that adequate public notice of the public meeting was provided, and adequate information regarding this Amendment was presented at the public meeting held on February 17th, 2009 with respect to this By-law and in accordance with the Planning Act and that a further meeting is not considered necessary in order to proceed with this Amendment;
 
AND WHEREAS this By-law will come into force and effect once the Official Plan Amendment for the subject lands is in force and effect;
 
AND WHEREAS the Council of the Corporation of the Town of Collingwood has deemed it advisable to amend the Collingwood Zoning By-law with respect to the subject land;
 
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF COLLINGWOOD ENACTS AS FOLLOWS: 
 
1. THAT Schedule ‘A’ of the Collingwood Zoning By-law is hereby amended, as it pertains to those lands shown more particularly on Schedule "1" affixed hereto and forming a part of this By-law, and generally located on the Part of Lots 50 and 51, Concession 12, formerly in the Township of Nottawasaga and now in the Town of Collingwood, (80 Madeline Drive) by re-zoning a portion of the lands from Environmental Protection – EP to:
 
Rural Exception Eleven - RU-11 Zone
Environmental Protection Exception Twelve – EP-12 Zone
Environmental Protection Exception Thirteen – EP-13 Zone
 
2. THAT Section 9.5 entitled Community Services, Environmental Protection, Recreation, and Rural Exception Zones, of the Collingwood Zoning By-law, as amended, is hereby further amended by adding the following new paragraph in proper sequence to read as follows:
 
"RURAL EXCEPTION ELEVEN – RU-11 ZONE  
 
Uses shall be limited to: one single detached dwelling, an accessory building having a maximum gross floor area of 325 m2 and accessory uses, buildings and structures not requiring a building permit.
No minimum lot frontage is required and the permitted uses may have vehicular access through any other zone, via a private right–of-way to a street.
 
No minimum lot area is required and maximum lot coverage shall be limited to 20%.
 
The setbacks of all permitted buildings and structures shall be a minimum of 3.0 m from any zone boundary."
 
3. THAT Section9.5entitled Community Services, Environmental Protection, Recreation, and Rural Exception Zones, of the Collingwood Zoning By-law, as amended is hereby further amended by adding the following new paragraphs in proper sequence to read as follows:
 
"Environmental Protection Exception TWELVE – EP-12 ZONE
 
The permitted uses shall be limited to:  
  •  An existing walking trail;
  • Conservation uses;
  • Fish and wildlife management;
  • An existing boat channel and boat basin; and,
  •  Boat slip, not including a boat house, within an existing boat basin.  
Maintenance of the west side of the existing boat channel shall be permitted on the adjacent land area to a depth of not more than 6.0 m back from the water’s edge.
 
4. THAT Section 9.5 entitled Community Services, Environmental Protection, Recreation, and Rural Exception Zones, of the Collingwood Zoning By-law, as amended is hereby further amended by adding the following new paragraph in proper sequence to read as follows:
 
"Environmental Protection Exception THIRTEEN – EP-13 ZONE
 
Uses shall be limited to the following:  
  • Walking trails;
  • Conservation;
  • Flood control works;
  • Private road;
  • Private recreational uses;
  • Patio and/or deck not requiring a building permit under the building code; and,
  • Boat Slip, not including a boat house.
For the purposes of this by-law Private Recreational Uses shall mean an area reserved for recreational uses which are typically accessory to a single detached dwelling; not requiring buildings and not altering the topography without a permit being issued by the Conservation Authority."
 
5. THAT Schedule "1" attached hereto forms part of this By-law.
 
6. THAT the CollingwoodZoning By-law is hereby amended to give effect to the foregoing, but that the Collingwood Zoning By-law shall in all other respects remain in full force and effect.
 
7. THAT this By-law shall come into force and effect on the date that Official Plan Amendment No. 17 comes into force and effect respecting the subject lands pursuant to the aforesaid provisions of Section 24(2) of the Planning Act, subject to the notice hereof being circulated in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and Ontario Regulation 545/06, as amended, and if required as a result of such circulation the obtaining of the approval of the Ontario Municipal Board.
 
ENACTED AND PASSED this 28th day of June, 2010.  
 
 
 
 
____________________________
MAYOR
 
 
____________________________
CLERK
AttachmentSize
2010-068 80 Madeline Dr_ZBA.pdf1.15 MB