This was posted late so that no Citizen's can be deputized to fight for their rights which was also the case in the 4th Concession closing. Up in front of Council tomorrow evening is another zoning debacle known as the Hasting Drive Property Rights Removal. Make a note Council also starts early for this one in an effort to avoid Citizen's being able to make it on time. It's a 4PM start and in the agenda is the Hastings Drive rezoning issue.
Agenda :
https://norfolk.civicweb.net/Documents/DocumentList.aspx?ID=144128
Hastings Drive Issue :
https://norfolk.civicweb.net/FileStorage/F1F0529A64D44B0FA0477C4BB3E43702-DCS%2014-42.pdf
Declaring Long Point a habitat for the Fowler's Toad under the Species at Risk and then only applying the rules to the lot owners on Hastings Drive certainly show's the favouritism. Sand that has been blown around cottages is considered part of the natural dune and removal of it is in clear violation of the Species at Risk Act. Fortunately for cottage owners they have been selectively chosen and can bypass this illegal act according to a recent document posted on the Long Point Rate Payers Association. Not only does it highlight that April 15th is the last day for these 'special' owners to move their sand, the MNR has even extended it to May 1st. Toads be damned. This is about money and clout. If you are concerned about these double standards why don't you give Kathryn Markham a call? Her contact info and her permission letter is at the bottom on this post.
We know that the Councilor of the Ward, Ms Betty Chanyi is all for restricting access to beach goer's as much as possible. Her affiliations with certain groups allows her access to information which she chooses to whom it goes and does not go. She can be contacted at betty.chanyi@norfolkcounty.ca or bchanyi@live.ca or by phone at 519-586-7175.
We understand that Mayor Dennis Travale will be attending the "rat supper" in Port Rowan on Wednesday, April 16th. Feel free to ask him his view on these double standards. We're sure people would like to know.
If nothing else they may be able to provide you the information required to bypass the Provincial Species at Risk law.
Report No. DCS 14-42
Hastings Drive and the Hazard Land Zone
Based on submissions at the March 11 Public Meeting there is much misunderstanding regarding the uses permitted in the "Hazard Land (HL) zone". The Township of Norfolk Zoning By-law used the Hazard Land (HL) zone only along the Lake Erie shoreline and permitted the following uses;
a) park, provided there are no buildings located thereon except buildings used for sanitary facilities, change houses for bathers and accessory maintenance and storage buildings
b) open pavilion
While harmonizing the uses permitted in this zone with those in the other three Zoning By-laws, the list, set out in Section 11.1 was proposed starting with the first draft of the Norfolk County Zoning By-law.
11.1 Permitted Uses
In an HL Zone, no land, building or structure shall be used except in accordance with the following uses:
a) dock, pier or wharf
b) farm, excluding any building
c) parking lot or any similar non-structural use accessory to a permitted use or accessory to a permitted use in an adjacent Zone but on same lot
c) public park, provided there are no buildings located thereon except buildings used as
an open pavilion and for sanitary facilities, change houses for bathers.
The following are the definitions of a park and parking lot as contained in the third draft of the
proposed Norfolk County Zoning By-law.
"PARK" shall mean an area of land owned and operated by a government agency, a community service club or charitable organization and used for open space, horticulture, outdoor recreation, or maintenance of a natural area but excludes a tent and trailer park.
"PARKING LOT" shall mean an area or structure provided for the parking of automotive vehicles and includes any related aisles, parking spaces, ingress and egress lanes, but shallnot include any part of a street.
The list of uses for the Hazard Land (HL) zone as proposed in the third draft of the proposed Norfolk County Zoning By-law were meant to harmonize or match those in the other Zoning By-laws but the list appears to expand permitted uses on Hastings Drive. The existing vacation homes continue as existing non-conforming uses. In order to clarify the uses permitted in the Hazard Land (HL) zone on
Hastings Drive, there are three alternatives, Council may want to consider;
1. leave matters as they are in the proposed third draft as set out above in Section 11.1,
2. reduce the permitted uses set out in Section 11.1, through a special provision for Hastings Drive permitting only a "park, provided there are no buildings or structures located thereon"
3. maintain only the uses currently set out in the Township of Norfolk Zoning By-law through a special provision for Hastings Drive. Only an "open pavilion" and a "park, provided there are no buildings located thereon except buildings used for sanitary facilities, change houses for bathers and accessory maintenance and storage buildings" would be permitted.
Planning and Building staff discussed these alternatives and recommend alternative 2 as it clarifies for land owners the permitted uses that are possible on Hastings Drive and removes the permitted uses that would not reasonably be undertaken on those lots. The Hazard Land Zone starts and the Resort Residential Zone ends on the west side of the lot at 43 Hastings Drive and extends westward.
Due to the dynamic beach and erosion potential in this area, constructing a dock, pier or wharf would require
approval from the Ministry of Natural Resources and Long Point Region Conservation Authority seems rather impractical and would have negative impacts further along the shoreline.
Due to the small lot sizes, soils type and nature of the area, a farm would not be practical on this sandy narrow strip of land. In regards to the proposed subsection c), there are no lots with two zones on them located along Hastings Drive. Due to this, planning staff are of the opinion the words "or accessory to a permitted use in an adjacent Zone but on same lot "are not applicable to Hastings Drive. As a park would permit an accessory parking lot, there is no need for subsection c).
RECOMMENDATIONS:
THAT Staff Report DCS 14-42, Norfolk County Zoning By-law — Staff Response to Council Direction
March 11, 2014, be received as information;
AND FURTHER THAT for the Hastings Drive area, the Hazard Land (HL) zone be retained and a special provision be added, with the sole permitted use being a "park, provided there are no buildings or structures located thereon"
The Ministry of Natural Resources (MNR) Aylmer District office has received multiple calls this week regarding removal of sand that has blown in over the winter from properties on Woodstock Avenue and Beach Avenue, Long Point. As you know, Fowler’s Toad is known to occur in the Long Point area, including the beach areas along Woodstock Avenue and Beach Avenue. Fowler’s Toad is listed as endangered under the Endangered Species Act, 2007 (ESA) and receives species and regulated habitat protection under the Act. The habitat regulation for Fowler’s Toad came into effect on January 1st, 2014 and protects suitable habitat for the species, including “open, shrub, or treed sand or pebble beaches, sand dunes, and sand barrens; marshes; ponds; other bodies of water, including vernal or other temporary pools; or rock shoals.”
The following is MNR’s response to inquiries regarding removal of windblown sand and Fowler’s Toad:
- The ideal deadline to avoid the risk of impacts to Fowler’s Toad and its habitat (and potential contraventions of the ESA) is April 15th, but MNR recognizes the need for flexibility and uses May 1st as the end-date for activities to remove sand blown in over the winter. MNR recommends that windblown sand removal work be completed by May 1st, 2014, if feasible. If it is not possible to complete work by May 1st, MNR will extend the timing window for removal of windblown sand on Woodstock Avenue and Beach Avenue properties to May 10th, 2014given the unusual winter this year.
However, this extension will only apply to this year. In the future, all wind-blown sand removal activities must be completed by May 1st and property owners should make preparations to have the work completed by this date to avoid impacts to Fowler’s Toad and its habitat.
- If work has to be completed during the extension for this year (i.e. between May 1 and May 10, 2014), maintenance work should be done between the hours of 7am and 6pm. Fowler’s Toad is most active during dusk and dawn; however, the toads may also be active during the day under cloudy conditions. If a Fowler’s Toad is encountered, work should stop and MNR should be contacted for guidance.
- Sand is only permitted to be moved from the property to the beach, not removed from site. Only sand blown in over the winter is to be moved and pre-existing dunes (i.e. dunes present prior to Winter 2013) and vegetation must not be removed.
MNR will be contacting local contractors and responding to individual landowners who have contacted the Aylmer District office, but it would be ideal if the Long Point Ratepayers Association could distribute the response to all members of the association in order to notify all property owners with respect to Fowler’s Toad and the ESA.
If you have any questions or would like to discuss, I can be reached at 519-773-4748.
Thank you,
Kathryn Markham
A/Management Biologist
Aylmer District, Ministry of Natural Resources
Tel: (519)773-4748
Fax: (519)773-9014
Email: Kathryn.Markham@ontario.ca
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