Please take note –THE ITEMS BELOW WILL BE ADDRESSED AT THIS PUBLIC HEARING
NOTICE
Public notice is hereby given that the Council of the Town of Burstall intends to adopt Bylaw No. 2022-198, the Official Community Plan and Bylaw No. 2022-19 and the Zoning Bylaw, under the provisions of The Planning and Development Act, 2007, to provide land use management and encourage sustainable development of the community. The Ministry of Government Relations Community Planning Branch has requested changes to the bylaws in order that they meet the current provisions and interpretations of the Statements of provincial Interest and the Planning and Development Act, 2007.The repeal off the 2nd and 3rd readings of these bylaws was done to make these changes.
INTENT:
The proposed bylaws are being adopted to provide long term land use and infrastructure management and community development in the Town and to encourage intermunicipal cooperation with neighbouring communities and to ensure the provisions of the Statements of Provincial interest and the intent of the Planning and Development Act, 2007 are applied in a consistent and fair manner within the community.
AFFECTED LANDS:
The Bylaws apply to all lands within the corporate boundaries of the Town of Burstall.
REASON:
The reason for adopting the bylaws is outlined in the intent and Council believes that the adoption of land use bylaws will provide better direction to developers and residents and show the long-term commitment to responsible management of infrastructure and community resources.
SPECIFIC CHANGES:
OFFICIAL COMMUNITY PLAN
Section 11.2, Page 27 has been amended to reflect correct zoning districts as contained in the Zoning Bylaw. R1, R2, C1, C2, CS and FUD.
Section 11.9 has been amended to reflect the change in Building Bylaw Legislation and now references the “Construction Codes Act” effective January 1, 2022.
Definitions have been amended to reflect Building Bylaw Legislation.
ZONING BYLAW:
Section 3.21 is amended with the following:
- Pursuant to Section 242 of The Planning and Development Act, 2007, the
Development Officer may inspect any development suspected of contravening The Planning and Development Act, 2007, or any regulation or bylaw made pursuant to The Planning and Development Act, 2007. If it is determined that a contravention
exists, the Development Officer may notify the owner in writing and instruct the owner to correct the contravention within a set time period. If for any reason the contravention has not been corrected within that time, the Development Officer may extend the time period or issue a Zoning Compliance Order pursuant to
Section 242(4) of The Planning and Development Act, 2007 to achieve bylaw conformance. - Any person who contravenes this Bylaw is guilty of an offence and is liable, on summary conviction, to the penalties provided by section 243 of The Planning and Development Act, 2007
- The Development Officer may enter a property with consent of the owner or with a warrant and may not enter otherwise.
A new section will be added echoing what is in the OCP
Section 4.35
Consultation with the Railways/Highways shall be required when a potential development is proposed for:
- development or redevelopment proposals in proximity to rail facilities/highways or for proposals for rail-serviced industrial parks;
- road and utility Infrastructure works which may affect a rail facility and highway system;
- c) transportation plans that incorporate freight transportation issues; and
- d) all new, expanded, or modified rail facilities or commercial/industrial development.
- e) Should further residential development be proposed near existing rail lines development within or adjacent to the Town, the Town will recognize the provisions of the Statements of Provincial Interest, Planning and Development Act, 2007, particularly as referenced by Clause 32(2) (k), and the “FCM” policy document on “Development Adjacent to Railway’s”, and all best management practices will be utilized, to ensure adequate setbacks between land uses are implemented. In addition, “The Land Use Planning, Rail Proximity and Public Safety Report” prepared for The Railway Association of Canada will be utilized in any review of rail line development. The Zoning Bylaw will be amended to be consistent with all current legislation should further development impacting both land uses occur. Currently the rail line is adjacent to light industrial and commercial uses and the Future Land use map does not include residential uses expanding or encroaching on the rail line.
- f) Notwithstanding anything contained in this Bylaw, where any public street crosses a railway at the same grade, no building or structure shall be erected within 46 metres (150.92 feet) of the point of intersection of the centre line of both the railway and the street.
- g) As identified and suggested on the Guidelines for New Development in Proximity to Railway Operations, The Federation of Canadian Municipalities and Railway Association of Canada of May 2013; the standard recommended building setbacks for new residential development in proximity to railway operations are as follows:
(a) Freight Rail Yard: 300 metres
(b) Principal Main Line: 30 metres
(c) Secondary Main Line: 30 metres
(d) Principal Branch Line: 15 metres
(e) Secondary Branch Line: 15 metres
(f) Spur Line: 15 metres
ZONING BYLAW MAP:
The Zoning Bylaw Map attached to and forming part of the Zoning Bylaw, is amended by indicating Lots 5-6 on Block 7 as zoned R1 – residential for residential development versus CS – Community Service as it no longer is an active church and is being converted to residential zoning.
PUBLIC INSPECTION:
Any person may inspect the bylaw at the Town of Burstall office between 9:00 am and 4:00 pm on Monday to Thursday excluding statutory holidays. Copies are available to review at the Town Office or copies can be requested via email. Hard Copies are also available at cost.
PUBLIC HEARING:
Council will hold a public hearing on May 17, 2023 at 7:00 p.m. at the Burstall & District Community Centre to hear any person or group that wants to comment on the proposed bylaw. Council will also consider written comments received at the hearing or delivered to the undersigned at the municipal office before the hearing.
Issued at the Town of of Burstall this 13th day of April 2023.
Signed:
Lucein Stuebing (Lou) CAO
Town of Burstall Box 250 Burstall, Sk. S0N 0H0
Phone: 306-679-2000 Fax: 306-679-2275 Email: [email protected] Website: abetterwayoflife.ca