Notice of Decision for Official Plan Amendment D09-19-03 and Zoning By-law Amendment D14-19-09

Corporation of the City of Kenora
Notice of Decision for an Official Plan Amendment, File No. D09-19-03 and a Zoning By-law Amendment, File No. D14-19-09,
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. 171-2019 at a meeting on Tuesday, November 19th, 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. 172-2019 at a meeting on Tuesday, November 19th, 2019, under Section 34 of the Planning Act, RSO 1990, c. P.13, as amended.

DESCRIPTION OF LANDS: The subject lands are municipally known as the “Former Abitibi Mill site”, civic address 661 Ninth Street North, and described as unopened roads, lots and blocks on historical plans of survey, being PINs # 42170-0258 and 42170-0244. A Key Map is provided below.

THE PURPOSE AND EFFECT OF THE OFFICIAL PLAN AMENDMENT (BY-LAW NO. 171-2019) IS TO:
• Redesignate the subject lands, from Future Development Overlay, Industrial Development Area, Railyard, and Residential Development
Area to Commercial Development Area, Industrial Development Area, and Residential Development Area.
• The effect of the Official Plan Amendment is to enable commercial, industrial and residential development to occur on the subject lands.

THE PURPOSE AND EFFECT OF THE ZONING BY-LAW AMENDMENT (BY-LAW NO. 172-2019):
• Rezone the subject lands from Future Development (FD), Heavy Industrial (MH), and Residential Second Density, Holding (R2[h]) to General
Commercial, Exception (GC[50]), Light Industrial (ML), Light Industrial, Exception (ML[46]), and Residential Third Density, Holding (R3[h]).
• The effect of the Zoning By-law Amendment is to rezone lands to conform with the proposed Official Plan Amendment to enable
commercial, light industrial uses and residential development to occur on the subject lands.
• The effect of the General Commercial, Exception Zone (GC[50]) is to require a minimum front yard setback of 10 m and a minimum exterior
side yard setback of 10 m. These requirements will ensure that appropriate setbacks and sightlines are maintained along Veteran’s Drive
and Ninth Street North, as the General Commercial Zone permits 0 m setbacks.
• The effect of the Light Industrial, Exception Zone (ML[46]) is to allow a reduced front yard requirement from 18 m to 1.6 m and to allow
reduced exterior side yard (south) setbacks from 6 m to 1.7 m and (north) 6 m to 2.4. These reductions are required given the existing
buildings on site as a result of a concurrent Consent Application for the subject lands.
• The effect of the Residential Third Density, Holding (R3[h]) is to place a holding on the subject lands until a Record of Site Condition is
submitted and approved prior to any residential development occurring on the subject lands.

EFFECT OF PUBLIC SUBMISSIONS ON THIS DECISION: The City heard comments and questions that were raised at the public meeting, fourteen (14) written submissions and a petition was also received. Comments expressed support for the proposed redesignation and rezoning, and other comments expressed concern over the potential future development of a casino on the subject lands.

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 Wednesday, December 18th, 2019. The notice of appeal must:

i) Set out the reasons for the appeal, and 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
ii) 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. 171-2019) 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.

The subject lands are also the subject of an application under the Planning Act for a Consent, File No. D10-19-14, which will be considered for
approval by the City of Kenora Planning Advisory Committee on November 26, 2019.

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 28th day of November, 2019

Map Location D09-19-03, D14-19-09

Notice of Completion Application and Public Meeting, File Number D09-19-03 and File Number D14-19-09