HBM UPDATE OF OFFICIAL PLAN AND ZONING BYLAW -see update April 8 2014 and April 14 2014
On November 12th 2012 Havelock Belmont Methuen council passed a new amended zoning bylaw and adopted a new Official Plan which now required approval of the County of Peterborough. Dec 17th was last day for submitting an appeal to the OMB related to the amended zoning bylaw.
HBM invited input from the public as the new planning documents were being developed--- Open houses were held in three locations-- the open house at Jack Lake was well attended and dissapointingly no councillors attended.
I have made the following submission
Submission #1 Existing Documents click for submission
This is the current Official Plan ( click here) without amendments beyond OPA#4
I have located Official Plan amendment OPA-8 ( click here) which is a very inmportant amendment dealing with 30 meter set back from lakes for new and existing cottages and septic set backs- normally an official plan policy is passed first and then the zoning bylaw is updated to implement the OP policies--in this caes the HBM reversed this Planning Act process and passed a 30 meter set back zoning bylaw and then brought their Official Plan into conformity with the zoning bylaw.
This is the current comprehensive zoning bylaw (click here) without amendments
The most important zoning bylaw amendments which is not on the Township web site is bylaw 2009 -65 establishing that buildings and septic system be set back 100 ft from lakes ( click here )
Submission #2 Waterfront Lot Sizes click for submission
Submission #3 Seasonal vs Permanent Residential click for submission
Submission #4 Background Report ( Click for submission) made to Council May 14 2012
Public and Ministry /Agency Input Summary dated Sept 2012 ( click for report)
Submission #6 Official Plan Development Standards (click for submission) dated & submited Nov 12 2012
The zoning map for the Jack Lake area shows the zone assigned to individual properties ( click to open map ) Jack Lake is on top left and you should be able to zoom into sepcific areas. A quick review indicated to me that several errors exist on the island zones-
---some island are zoned IR Island Residential - I assume those which are currently developed with cotttages--
--- some are zoned Open Space OS - I asssume those islands which are too small in area to be developed-----and some islands are zoned which I assume would indicate being owned by the Crown.
So it is obvious that some developed privately owned islands with cottages are mistakenly zoned OS and this could result is hardship to property owners if ever a building permit was required to do any work! or to sell the island..!!!
HBN passed the new zoning bylaw in Nov 2012. Zoning Bylaws must comply with Official Plans. Since a new Official Plan was adopted by Council at the same meeting, the OP must be approved by the County of Peterborough before the zoning Bylaw can go into effect...also a current appeal to OMB of the zoning bylaw must be resolved and no OBM hearing will be schedule until the HBM OP is approved.
Appeal By Ambrose Moran of HBM Zoning Bylaw to OMB ( click for copy)
COUNTY OF PETERBOROUGH PLANNING DEPT REVIEW OF HBM OP
Currenty the Planning Department of Peterborough County is reviewing the Havelock Belmont Methuen Official Plan which was adopted by Twp Council in Nov 2012 and requires the approval of the County of Peterborough.
I have made serval submission to the HBM Council during the development of their OP and now making further submissions to County of Peterborough: The following submission have been made to County of Peterborough:
Submission #6 DEVELOPMENT STANDARDS ( Click to Open)This is #6 as it was originally submitted to HBM but not in time to be considerd prior to adoption of the OP by Council so subsequently submitted to Peterborough County
Submission #1 Private Roads ( click to open)
Submission #2 OP Schedule A-2 ( click to open)
Submission #3 Environmental Contraint ( click to open)
Submission #4 Jurisdiction Crown Lands ( click to open)
Submission #5 Cold water/Trout Lakes ( click to open)
Submission #6 Water Set Backs ( Click to Open)
As of September 2013 Peterborough County has not approced teh HBM Official mPlan and indications are that this could happen in Nov or Dec 2013
Official Plan Update April 8 2014
Today I received Notice of Decision of the passing of the HBM Official Plan ( as modified) -click here for Notice of Decision
138 modification to the HBM Official Plan adopted by HBM Council prior to being approved by County of Peterborough-- (click here for modifications) yellow highlighting and red notes by Ambrose Moran
April 14 2014
The approved Official Plan is not posted on HBM web site or the County of Peterborough web site and Notice of Decision that OP was aproved indicates that additional information about the Official Plan is available for viewing at HBM and County of Peterborough offices--- not a very user friendly way of providing information to ratepayers who often live many hours away.
So I have prepared a strike-through version which was very time consuming but only way to appreciate the changes in context with the total Plan.
In no way do I guarantee 100% accuracy of this version but suitable for pupose of appreciating the Approved Official Plan -(click here) for the unofficial strike-through version
2009 HBM Housekeeping Bylaws
In 2009 HBM undertook to pass what was described at houskeeping bylaws to deal with increasing the 30 meter wateryard setback from lakes and other provisions which could be best described as being serious defects in their existing zoning bylaw--- expansion of existing buildings/cottages within water setaback-- boathoses- decks and septics. These new regulations apply to all waterfront properties and significantly affect development of existing cottage properties . A statutory public meeting was held under the Planning Act and was a well kept secret. Despite the fact that the proposed bylaw would have significant impact on cottagers ability to develop their properties, very few people were aware of the meeting BUT according to the township they claim their requirement for notifying affected property owners was accomplished by putting a notice in the local Havelock newspaper.
By luck, I became aware of the meeting and attended and presented three written submissions as follows:
Submission #1Boat Houses Dated April 14 2009 click here for submission
During my presentaion on this subject, Reeve Gerow indicated to the meeting that the towship did not have jurisdiction to zone the lakes and Twp Planner Daryl Tighe indicated he agree with the township position. I explained that in the Muskoka area since at least 1987 the lakes had been zoned by the township and municipality administered the Planning Act on "in water" development and regulated permits through the Ontario Building Code and futher I did not feel that Muskoka was just bluffing its ratepayer-- that they had authority to require compliance with The Planning Act and The Building Code Act for in water development....Reeve Gerow claimed they had a legal opinion on this and I suggest to council that they get another legal opinion.
Following the meeting I requested a copy of their legal opinion and was advised that it was only a verbal opinion.
July 28 2010 At HBM Council meeting, the Jack Lake Association directors requested that council pass an Interim Control Bylaw regarding boathouses-- at that same meeting I made a further submission on Boathouses ( see submission Aug 28 2010)
The boat house bylaw was passed by HBM council on Dec 1 2010 -- I appealed it to the OMB and Council subsequestly decided not to defend the bylaw and repealed the bylaw. see bowow OMB appeal 2009 On Dec 17 2010 I wrote the Minister of Municipal Affairs who according to corresponce from Ministry fo Environment "has primary responsibilty for ensuring municiplaities comply with laws and egulations it administers" requesting that he appeal the boathouse byaw to the OMB (My request for MMAH to apeal the bylaw) The dead line for an appeal was Jan 4 2010 and the Minister wrote me on Jan 8th indicating I had the right to appeal to the OMB. Of course I was aware of that and had submited my apeal on December 30th.( Response from Minister)
Letter to HBM Council June 2011 re zoning lake beds and Building Permits for Boathouses
Submission #2 Septics Setback dated April 14 2009 click here for submission
The proposed bylaw was modified prior to passing taking into account some of my concern as submitted but did not get it all right--More to follow---the septic setback bylaw was passed as 2009-65 which increased septic setback from 50 ft to 100 ft -this bylaw is not as of today Sept 25 2011 posted on the twp web site
Submission #3 Expansion of Non Conforming Dated April 14 2009 (click here for submission)
2009 Official Plan Amendment OP-8
County of Peterborough has an Official Plan ( OP) and certain township have agreed to use the County Official Plan as their local Muncipal OP incorporating certain policies specific to the local twp circumstances-- North Kawartha OP is included in the County OP and Havelock Belmont Methuen (HBM) has elected to have their own local OP which is required to be in conformity with the County OP
In 2009 HBM undertook to update their OP and held a Stautaorty Public Meeting Sept 10 2009 as required by the Planning Act. Again the twp claims to have satisfied their notice requirements by publishing a notice in the two local newspapers --Community Press and EMC neither of which are distributed in the Apsley area.
I happened to be at the Sept 10 Council meeting when I realised the OP amendment was being considerd and asked for an extension in order to make a submission and Council did agree to allow the extension for me to make a submission
Official Plan Amendment Submission dated Oct 20 2009 click here for submission
Council did pass the OPA-8 on Decemebr 1 2009-- I was in attendance an recall it was passed OPA-8 about 7:40pm and ten minutes later the same Council passed a zoning bylaw amendment dealing with boathouses in direct conflict with the fresh OP policies. See OMB appeal 2009 below
OMB Appeals by Ambrose Moran
OMB Appeal Jack Lake Boathouse Conversion by Ambrose Moran and Jack Lake Cottagers Association (OMB DECISION)
Summary To Follow
2010 OMB Appeal by Ambrose Moran of HBM Zoning Bylaw #
Summary to Follow
2009-OMB Appeal by Ambrose Moran of HBM Zoning Bylaw # 2009-97 ( Boathouses etc) ( Boathouse Bylaw passed by Council)
Summary to Follow
I appealed it to the OMB and Council subsequestly decided not to defend the bylaw and repealed the bylaw.
On Dec 17 2010 I wrote the Minister of Municipal Affairs who according to corresponce from Ministry fo Environment "has primary responsibilty for ensuring municiplaities comply with laws and regulations it administers" requesting that he appeal the boathouse byaw to the OMB ( My request for MMAH to apeal the bylaw ) The dead line for an appeal was Jan 4 2010 and the Minister wrote me on Jan 8th indicating I had the right to appeal to the OMB. I course I was aware of that and had submitted my apeal on December 30th.( Response from Minister )