Notice of Application and Public Meeting for Official Plan Amendment and Zoning By-law Amendment

Notice of Complete Application and Public Meeting for an Official Plan Amendment D09-23-01 and Zoning By-law Amendment D14-23-02

Planning Act, R.S.O 1990, c.P13, s. 34

Take Notice that Council of the Corporation of the City of Kenora will hold a Statutory Public Meeting, under Sections 17 and 34 of the Planning Act, to consider City-initiated Official Plan Amendment as it pertains to the City of Kenora Official Plan, Council Adoption May 19, 2015, Ministerial Approval November 5, 2015 (By-law No. 75-2015), and a City-initiated Zoning By-law Amendment as it pertains to Zoning By-law No. 101-2015, as amended, at the following time and location:

Statutory public meeting

When: Wednesday, April 12, 2023 at 12:00 p.m.

Location: Council Chambers, City Hall, 1 Main Street South, Kenora

Council will be hosting a virtual meeting by live stream to allow for public viewing. Access to speak at the meeting can be made by registering with the City Planner.

The Council of the Corporation of the City of Kenora will then have the opportunity to consider a decision regarding the application during their regular meeting on Wednesday, April 19, 2023 at 5:00 p.m.

You are also invited to attend The Kenora Planning Advisory Committee (PAC), who hears applications and considers recommendations to Council, commencing at the following time and location:

Planning Advisory Committee open house

When: Tuesday, March 21, 2023 at 6:00 p.m.

Location: PAC will be hosting a virtual Zoom meeting.

Access to the virtual meeting will be made available by registering with the Secretary-Treasurer.

Be advised that the Corporation of the City of Kenora considered the Official Plan Amendment and Zoning By-law Amendment applications to be complete on February 21, 2023.

Purpose and effect

The purpose and effect of the Official Plan Amendment is to update policies for Additional Residential Units (formerly referred to as Secondary Dwelling Units), to bring policies into compliance with recent amendments to the Planning Act made by Bill 23, More Homes Built Faster Act, by:

Deleting Section 3.16 Laneway Housing, and
Replacing section 3.21 Secondary Dwelling Units with section 3.21 Additional Residential Units, to permit up to two additional residential units for dwellings in urban areas and one additional residential unit for dwellings in rural areas.

The purpose and effect of the Zoning By-law Amendment is to:

Amend Section 2 Definitions to delete the definitions for “Secondary Dwelling (Interior)” and “Secondary Dwelling (Exterior), and add a new definition for “Additional Residential Unit”;
Delete the current section 3.28 Secondary Dwelling Units and replace with a new section 3.28 Additional Residential Units, as follows:

3.28.1 Additional Residential Units in Urban Areas

Additional residential units are permitted on any lot containing a single-detached dwelling, semi-detached dwelling or multiple attached dwelling in the R1 – Residential First Density Zone, the R2 – Residential Second Density Zone, R3 – Residential Third Density Zone, and the SH - Residential Small Home Zone, subject to the following provisions:

a) A second residential unit is permitted in the dwelling if all ancillary buildings and structures cumulatively will contain no more than one residential unit.

b) A third residential unit is permitted in the dwelling if no ancillary building or structure contains any residential units.

c) One residential unit is permitted in an ancillary building or structure if the primary dwelling contains no more than two residential units and no other building or structure ancillary to the primary use contains any residential units.

d) Additional residential units must be connected to both municipal water and municipal sewage services.

3.28.2 Additional Residential Units in Rural Areas

One additional residential unit is permitted on any lot containing a single-detached dwelling in the RU – Rural Zone, RR – Rural Residential Zone, and the BSL – Black Sturgeon Lake (Restricted Development Area) Zone, subject to the following provisions:

a) A second residential unit is permitted in the dwelling if no ancillary building or structure contains any residential units.

b) One residential unit is permitted in an ancillary building or structure if the primary dwelling contains no more than one residential unit and no other building or structure ancillary to the primary use contains any residential units or sleeping quarters.

c) Additional residential units must be connected to private sewer and water services approved by the Northwestern Health Unit.

3.28.3 General Regulations for Additional Residential Units

The following regulations apply to all additional residential units:

a) Additional residential units must be located on the same lot as the principal dwelling unit;

b) The following shall apply to vehicular access and parking for additional dwelling units:

i. An additional residential unit must not eliminate a required parking space for the principal dwelling unit;

ii. Parking for the additional residential unit shall be provided in accordance with the parking provisions in this by-law. Notwithstanding this, one required parking space for an additional residential unit may be stacked behind the required parking of the host dwelling in a driveway, but must be wholly located within the boundaries of the lot;

c) Additional residential units must not be limited by, nor included in, any density control requirement, including for example, number of dwelling units and unit per hectare counts.

d) An additional residential unit shall not form part of a bed and breakfast, emergency shelter, group home, rooming unit, or boarding house and shall not be permitted on the same lot where any of the said uses are proposed.

e) An additional dwelling unit is not permitted in any ancillary building or structure that is not compliant with section 3.34.1 of this by-law.

Description of lands

As all lands within the City of Kenora are affected by the proposed City-initiated amendments to the Official Plan (By-law No. 75-2015) and Zoning By-law (By-law No. 101-2015), no key map is provided.

Virtual statutory public meeting

Although Council meetings are being held virtually via live stream, there are still several ways in which the general public can provide input on the proposed application, as follows:

a) Submit comments in writing

Persons wishing to provide comments for consideration at the Statutory Public Meeting may submit such comments in writing no later than Friday, April 7, 2023 by email to Planning or by regular mail to the address below, and quote File Numbers: D09-23-01 and/or D14-23-02.

Mr. Alberic Marginet, Associate Planner
60 Fourteenth Street North, 2^nd Floor, Kenora, ON P9N 3X2

b) Register to speak at the PAC virtual meeting

If you wish to speak at the PAC Meeting, you are asked to register in advance by email to Planning no later than noon on Friday, March 17, 2023 and quote File Numbers: D09-23-01 and/or D14-23-02.23. To register by phone please call 807-467-2152.

c) Register to speak at the statutory public meeting

If you wish to speak at the Statutory Public Meeting, you are asked to register in advance by email to Planning no later than noon on Friday, April 7, 2023 and quote File Numbers: D09-23-01 and/or D14-23-02. To register by phone, please call 807-467-2152.

Failure to make oral or written submission

If a person or public body does not make oral submissions at a public meeting or make written submissions to the Council of The Corporation of the City of Kenora before the by-law is passed:

a) the person or public body is not entitled to appeal the decision of the Council of The Corporation of the City of Kenora to the Ontario Land Tribunal.

b) 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.

Appeal of a decision of the Municipality in respect of this amendment to the Zoning By-Law may be made by any person or public body not later than 20 days after notice of the decision is given.

Notice of decision

If you wish to be notified of the decision of the Council of The Corporation of the City of Kenora in respect of the application for Zoning By-Law Amendment, you must make a written request to Heather Pihulak, Clerk of The Corporation of the City of Kenora at 1 Main Street South, Kenora, ON P9N 3X2

Additional Information is available during regular office hours at the Operations Centre. Please contact Alberic Marginet, Associate Planner, 807-467-2152, if you require more information.

Personal information that accompanies a submission will be collected under the authority of the Planning Act and may form part of the public record which may be released to the public.

Dated at the City of Kenora this 24th day of February, 2023.