Notice of Decision for City-initiated Amendments

Notice of Decision for a City-initiated Official Plan Amendment, File No. D09-19-01, to the City of Kenora Official Plan (November 5, 2015) and a City-initiated Zoning By-law Amendment, File No. D14-19-04, to the City of Kenora Comprehensive Zoning By-law No. 101-2015, Planning Act, R.S.O. 1990, c.P.13, s. 17 and 34

TAKE NOTICE that the Council of the City of Kenora passed By-law No. 84-2019 at a meeting on Tuesday, May 21st, 2019, under Section 17 of the Planning Act, RSO 1990, c. P.13, as amended.

AND TAKE NOTICE that the Council of the City of Kenora passed By-law No. 85-2019 at a meeting on Tuesday, May 21st, 2019, under Section 34 of the Planning Act, RSO 1990, c. P.13, as amended.

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.

THE PURPOSE AND EFFECT OF THE OFFICIAL PLAN AMENDMENT (BY-LAW NO. 84-2019) IS TO:
• Amend Section 3.20 Public Uses to permit a public use, including but not limited to an institutional use, housing, and supportive housing, but excluding a correctional facility, in the following land use designations, without the need for an Official Plan Amendment, and with consideration for the policies in the Land Use Compatibility Section of the Official Plan: Established Area; Residential Development Area; Harbourtown Centre; and Commercial Development Area.

THE PURPOSE AND EFFECT OF THE ZONING BY-LAW AMENDMENT (BY-LAW NO. 85-2019):
• Amend Section 2 Definitions to add a new definition for “Public Use”;
• Amend Section 2 Definitions by replacing “Public Authority” with “Public Agency”, and by amending the definition;
• Amend the definitions of “Conservation” and “Sewage Facility” in Section 2 Definitions to replace references to “public authority” with “public agency”; and
• Amend Section 3.34.5 Public Uses to add a new provision to allow a public use, including but not limited to an institutional use, housing, and supportive housing, but excluding a correctional facility, to the following zones: Residential – First Density Zone (R1); Residential – Second Density Zone (R2); Residential – Third Density Zone (R3); Local Commercial Zone (LC); General Commercial Zone (GC); Highway Commercial Zone (HC); and Institutional Zone (I).

EFFECT OF PUBLIC SUBMISSIONS ON THIS DECISION: No written submissions were received, however, the City gave consideration to those comments and questions that were raised at the public meeting, noting the existing housing shortage in Kenora, evidenced through the current waiting lists for social housing units, as well as additional demand for other housing throughout the housing continuum, and that the results of the 2018 Election Survey, showed that 70% of respondents said affordable housing is what Council should focus on over the next four years.

ANY PERSON OR PUBLIC BODY MAY APPEAL THIS DECISION to the Local Planning Appeal Tribunal by filing with Heather Pihulak, City Clerk, City of Kenora, 1 Main Street South, Kenora, ON, P9N 3X2, no later than 4:30 p.m. on Tuesday, June 18th, 2019. The notice of appeal must:
i) Set out the reasons for the appeal. The reasons for the appeal must include an explanation of how the proposed Official Plan Amendment and/or Zoning By-law Amendment: are inconsistent with a provincial policy statement issued under subsection 3(1) of the Planning Act; fail to conform with or conflict with a provincial plan; or fail to conform with the City of Kenora Official Plan (November 5, 2015);
ii) Set out the specific part or parts of the proposed Official Plan Amendment and / or Zoning By-law Amendment to which the appeal applies; and
iii) Be accompanied by the fee prescribed under the Local Planning Appeal Tribunal Act, 2017 in the amount of $300.00, payable by cheque to the Minister of Finance, Province of Ontario.

The proposed Official Plan Amendment (By-law No. 84-2019) is exempt from approval by the Minister of Municipal Affairs and Housing. The decision of the Council of the City of Kenora is final if a notice of appeal is not received on or before the last day for filing a notice of appeal.

Only individuals, corporations or public bodies may appeal a decision of the municipality or planning board to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party.

ADDITIONAL INFORMATION relating to the Official Plan Amendment and Zoning By-law Amendment is available for inspection during regular office hours at the Operations Centre. Please contact Devon McCloskey, City Planner: Tel: 807-467-2059 or Email: dmccloskey@kenora.ca, 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 30th day of May, 2019