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Home > By-Laws > 3491-2020 ZBLA 2965 Rural to Rural Destination & Environmental Protection (Aquaworld)

3491-2020 ZBLA 2965 Rural to Rural Destination & Environmental Protection (Aquaworld)

3491-2020 ZBLA 2965 Rural to Rural Destination & Environmental Protection (Aquaworld)

BEING A BY-LAW TO AMEND BY-LAW NO. 2965-2012

Passed by Council September 16, 2020

 


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
By-law No. 3491-2020
BEING A BY-LAW TO AMEND BY-LAW No. 2965

PART A – Section 34- Planning Act

WHEREAS pursuant to the provisions of the Planning Act, RSO 1990, c. 13, Section 34,
the Council of a Municipality may enact by-laws regulating the use of lands and the
erection of buildings and structures thereon;

AND WHEREAS the Council of the Corporation of the Township of Augusta intends to
amend the zoning by-law to permit the establishment of a rural destination property
through the creation of a new Rural Destination (RUD) Zone in the comprehensive
section by-law;

NOW THEREFORE, the Council of the Corporation of the Township of Augusta enacts
as follows:

1. That By-law 2965 (2012) is hereby amended by adding. the following new
section to the By-law:

7.21 RURAL DESTINATION (RUD) ZONE
No person shall use any land or erect, alter or use any building or structure in the “Rural
Destination (RUD}” Zone except in accordance with the following provisions of this Section and
any other relevant Sections in this By-law.

7.21.1 – RUD Permitted Uses

Commercial Uses – Main Uses

  • Agricultural Use for Local Food Production
  • Condo Hotel
  • Condominium
  • Conference Centre
  • Hotel
  • Restaurant
  • Water Park
  • Cottages
  • Recreational Vehicle Park
  • Villas

Accessory Uses, Buildings and Structures

  • Accessory Dwelling
  • Accessory use, building or structure (see 6.1)
  • Clinic
  • Community Garden
  • Cycling Rest Stop
  • Day Nursery Service
  • Fence (see 6.14)
  • Fitness Centre
  • Green Roof
  • Health Retreat
  • Landscaped Open Space (see 6.22)
  • Laundromat
  • Library
  • Loading/Delivery Space (see 6.24)
  • Miniature Golf Course
  • Open Space
  • Outdoor Recreation Uses
  • Park
  • Parking Area
  • Parking Garage
  • Personal Service use
  • Playground
  • Public Use (see 6.37)
  • Recreational Commercial Establishment
  • Renewable Energy System
  • Retail Store
  • Sign (see 6.41)
  • Storage Container (see 6.43)
  • Waste Management Facilities
  • Youth Activity Area

7.21.2 – Definitions

For the purposes of the “Rural Destination” (RUD) Zone, the following
definitions shall apply:

a. Agricultural Use for Local Food Production means the growing,
cultivating, processing and/or production of fruit and vegetable
crops, apiaries and small animals for on-site or local use and
includes greenhouse and hydroponic facilities, vertical farming,
and fish farming. Small scale farm uses that align with the tourist
operations or the provision of foods for the hotel and/or tourist
commercial uses shall also be permitted.

b. Condo Hotel means a hotel in the “Rural Destination” (RUD) zone
that is divided into individual units under the Condominium Act to
facilitate ownership of individual suites or units.

c. Conference Centre means part of a building that is designed to host
conventions, trade shows, exhibits, assemblies, meetings and similar
events, and may include large and small halls and meeting rooms.
Services associated with meetings and events, such as catering, meal
service, bar service and related accessory uses and -services shall
also be permitted.

d. Cottage means an alternative form of housing that supports
seasonal or year-round accommodation, is self-sufficient in terms
of servicing or connected to the larger servicing infrastructure, and
includes a minimum gross floor area of 27.9 m2 (300 ft.2). This
definition does not include a Mobile Home as defined in the Zoning
By-Law.

e. Cycling Rest Stop means a facility that provides temporary
accommodation, storage, cycle repairs and similar services catering to
a travelling cyclist.

f. Day Nursery Service means a facility that provides temporary care
services for the children of visitors or staff.

g. Fitness Centre means a facility which provides recreational or health
related activities including but not limited to weight training and
exercise classes and may include associated facilities and services
such as a lounge, washrooms, showers, and saunas, an
administrative office and an accessory retail sales outlet for fitnessrelated
attire, equipment and dietary supplements.

h. Flag Lot means a lot with two distinct parts: a) the flag, which is the
only aera to be used for the building envelope, and is located behind
another lot; and b) the pole, which connects the flag to a public street
and provides the only lot frontage for the lot. The pole and the flag
are to be registered as one lot only.

i. Green Roof means a roof of a building where part of or the entire
surface of the roof is intentionally covered with vegetative material.

j. Health Retreat means a building or part of a building where health,
well ness, and medical services and facilities are provided including
but not be limited to therapeutic massage, aesthetician, health and
food counselling, fitness centre, spa, personal training centre,
medical practitioner and accessory retail product sales and
services. A Health Retreat may also be used to provide medical
treatment services and facilities and provide accommodation in the
event of an emergency.

k. Outdoor Recreation Uses means facilities such as recreational
and fitness trails, comfort stations designed for passive leisure and
fitness activities and nature appreciation.

l. Personal Service Use means part of a building where a service is
performed for the personal grooming and personal effects or clothing
of the consumer, including: hair styling salon; barber shop; beautician;
manicurist; tailor; spa; tanning salon; shoe repair shop; dry cleaning
outlet; massage therapy service; and similar uses. The sale of
accessory merchandise products and services shall be permitted.

m. Recreational Commercial Establishment means an establishment,
premises, or building where any recreational, social or cultural uses
are operated commercially for profit on lands in private ownership,
such as health clubs, sports field, concert, outdoor theatre or movie
venue, off-road and recreation trails, golf courses and mini-putt,
driving ranges, open or enclosed skating or curling rinks, open or
enclosed pools, open or enclosed badminton or tennis courts, squash
courts, bowling alleys, gymnasium, band shell or open theatre, place
of amusement and other similar uses but does not include a casino or
bingo hall.

n. Restaurant means part of a building where food is prepared and
offered for sale to the public and includes a full service restaurant,
take-out restaurant, sports bar, outdoor cafe, snack bar, dining hall or
coffee shop within or accessory to the water park.

o. Retail Store means part of a building in which goods, wares,
merchandise, substances or articles are offered or kept for sale.

p. Villa means a self-contained unit that includes up to five (5)
bedrooms and common kitchen facilities, which can be rented or
leased for short or long periods of time. A villa can be a free-standing
unit, or can be linked, stacked or connected together with up to eight
(8) villas.

q. Water Park means a use, building or part of a building or indoor or
outdoor area for use by the general public that includes water play
areas, swimming pools, slides, splash pads, spray grounds, lazy rivers
or similar recreational bathing, leisure, swimming or water-related
activities. This definition shall include associated facilities and services
such as change rooms, showers, hot tubs, saunas, indoor or outdoor
spectator seating areas, picnic areas and associated retail sales and
services.

r. Youth Activity Area means part of a building where recreation and
leisure activities geared to children and youth are provided, and may
include facilities and services including but not limited to gym facilities,
trampoline park, wall climbing, arcade games, billiards, basketball and
other sports courts, arts and crafts, music and theatre arts, library,
computer and internet services, and similar activities and events.

7.21.3 – Zone Requirements

The following zone requirements shall apply to any permitted commercial use,
accessory use, building or structure:

7.21.3- RUD Zone Requirements

Commercial Use

Minimum Lot Area = 8 ha (20 acres)
Minimum Lot Frontage = 46 m (150.9 ft.)
Minimum Lot Frontage for a Flag Lot = 15 m (9.2 ft.)
Minimum Front Yard = 10 m (32.8 ft.)
Minimum Rear Yard = 10 m (32.8 ft.)
Minimum Interior Side Yard = 10 m (32.8 ft.)
Minimum Exterior Side Yard = 10 m (32.8 ft.)
Maximum Height

1. Main Building = 45 m (148 ft.) or 6 Storeys
2. Accessory Building(s) = 25 m (82.0 ft.)
3. Water Park Structure = 30 m (98.4 ft.)

Maximum Lot Coverage = 50%
Minimum Setback from any intake Protection Zone for a Municipal Water Supply = 30 m (98.4 ft.)
Minimum Setback of a sign, and use or building from a provincial Highway = Subject to the Ministry of Transportation(MTO) approval under the Public Transportation and Highway Improvement Act.
Minimum Setback of any building , structure or parking area from the boundary of a provincially significant or other wetland = 30 m (98.4 ft.)
Minimum Setback of any building, structure or parking area from the bank or high water mark of a creek or waterbody including but not limited to Bradley’s Creek = 30 m (98.4 ft.)

Accessory Use, Building or Structure

Minimum Lot Area = n/a
Minimum Lot Frontage = n/a
Minimum Lot Frontage for a Flag Lot = n/a
Minimum Front Yard = same as main use
Minimum Rear Yard = same as main use
Minimum Interior Side Yard = same as main use
Minimum Exterior Side Yard = same as main use
Maximum Height

1. Main Building = 45 m (148 ft.) or 6 Storeys
2. Accessory Building(s) = 25 m (82.0 ft.)
3. Water Park Structure = 30 m (98.4 ft.)

Maximum Lot Coverage = 10% included in total
Minimum Setback from any intake Protection Zone for a Municipal Water Supply = 30 m (98.4 ft.)
Minimum Setback of a sign, and use or building from a provincial Highway = Subject to the Ministry of Transportation(MTO) approval under the Public Transportation and Highway Improvement Act.
Minimum Setback of any building , structure or parking area from the boundary of a provincially significant or other wetland = 30 m (98.4 ft.)
Minimum Setback of any building, structure or parking area from the bank or high water mark of a creek or waterbody including but not limited to Bradley’s Creek = 30 m (98.4 ft.)

7.21.4 – Parking and Loading Space Requirements

1. The following parking and loading space provisions shall apply to any permitted
use in the RUD Zone:

7.21.4 Parking Requirements

Standard Parking Spaces

Width = 2.7 m (8.8 ft.)
Length = 5.5 m (19.6 ft.)
Minimum Number of Parking Spaces =

Hotel = 100 spaces
Restaurant = 78 spaces
Conference Centre = 121 spaces
Miniature Golf = 26 spaces
Water Park = 368 spaces
Kennel = 2 spaces
Outdoor Spa = 145 spaces
Indoor Spa = 24 spaces
Cottage = 1 space per unit
Villa = 1 space per unit

Barrier Free Parking Spaces

Width = 3.4 m (11.1 ft.)
Length = 5.5 m (19.6 ft.)
Minimum Number of Parking Spaces = 3% of the required number of standard parking spaces, minimum 10 spaces shall be added to the total number of standard parking spaces

Buses, Recreational Vehicles, Transport Trailer Service Vehicles

Width = 4 m (13.1 ft.)
Length = 14 m (45.9 ft.)
Minimum Number of Parking Spaces = 6 bus spaces shall be added to the total number of standard parking spaces

Bicycles

Width = 0.6 m
Length = 1.8 m
Minimum Number of Parking Spaces = 1 bicycle parking space/500 m² (5,382 ft.²) Gross Floor Area (GFA)

Loading Spaces (required for commercial and resort uses)

Width = 4 m
Length = 14 m
Minimum Number of Parking Spaces = <250 m² (2,691 ft.²) GFA- 0 loading spaces
250 m² (2,691 ft.²) – 1,000 m² (10,764 ft.²) GFA – 1 loading space
1,000 m² (10,764 ft.²) – 7,500 m² (80,732 ft.²)GFA – 2 loading spaces
1 loading space for each additional 7,500 m² (80,732 ft.²) GFA, to a maximum of 5 loading spaces on the site

2. Additional Parking and Loading Space Requirements

The following additional parking space requirements shall apply:

1. Every standard or barrier-free parking space shall be accessible from a
parking aisle having a minimum aisle width of 6 m [19.6 ft.] and every bus
parking space shall be accessible from a parking aisle having a minimum
aisle width of 8 m [16.2 ft.].

2. All parking spaces shall be identified through pavement markings or
conventional signage to indicate their intended use including but not
limited to barrier free spaces, parking for buses, RV’s, transports, service
vehicles, employee parking, etc.

3. Barrier free parking shall be provided within 50 m of every major entry
point to a building or facility intended for general public use including water
park entrances.

4. Bicycle parking spaces shall be located within 30 m of the main entrance
to any hotel or water park facility or alternative internal bicycle storage
lockers are provided.

5. Up to 15% of any designated parking area excluding parking designated
as barrier free may be occupied on a temporary basis not exceeding
seven calendar days for an exterior trade show, exhibit or special event.

6. Up to 10% of any designated parking area excluding parking designated
as barrier free may be occupied for snow storage.

7. Minimum loading/delivery space height clearance 4.25 m [13.9 ft.]

8. Minimum loading/delivery space width 3.75 m [12.3 ft.]

9. Minimum loading/delivery space length 10 m [32.8 ft .]

7.21.5 – Additional Zone Provisions

1. Water and Sewage Disposal Systems
No person shall erect or use in whole or in part, any building or structure
unless the use, building or structure is properly connected to approved
water and sewage systems under the Ontario Water Resources Act or the
Building Code Act, whichever applies unless the use is exempted under
the Building Code Act or prohibited by this By-law. The cumulative water
demand and sewage disposal quantity for any and all development in
the “Rural Destination” (RUO) zone shall not exceed the carrying
capacity of the property, as determined through a hydrogeological
study and terrain assessment or through the provision of a municipal
water and sewage system with residual capacity.

2. Access and Parking Aisles
No access aisle leading to an entrance from Merwin Lane or providing
access to a parking aisle shall have a width of less than 12m [39.3.ft.]. All
access aisles shall be designed for two-way traffic flows. Any turnaround
designed for access by an emergency vehicle shall be required to meet a
minimum turning radius of 12.2 m [40ft.] or the minimum required by the
Ontario Building Code.

3. Entrances
The minimum width of an entrance from a public road shall be 5 m [16.4
ft.] for one-way traffic and 9 m [29.5 ft.] for two-way traffic. The maximum
width of an entrance from a public road shall be 9 m [29.5 ft.] for one-way
traffic and 15 m [499.2 ft.] for two-way traffic.

4. Accessory Uses, Buildings and Structures
This by-law shall not be deemed to limit the number of accessory uses,
buildings and structures associated with the water park facility provided
that all the applicable setback requirements of this by-law are met and
provided there is a demonstrated capacity for water and sewage services
in compliance with Section 7.21 .5.1 of this By-law.

5. Flag Lot
The following standards shall apply to flag lots:
(a) The flag part of the lot shall contain a lot area at least equal to the
minimum required lot area of the Zone in which the flag lot is located. The
area of the pole shall not be included in the calculations of the required
minimum lot area.
(b) No part of the pole or access strip shall be granted or created by
way of a right-of-way, or easement.
(c) The minimum lot frontage at the street line, and the minimum
continuous width along the pole or access strip from the street line to the
flag shall be 20 m [66 feet].
(d) The minimum width of the flag shall be equal to the minimum lot
frontage of the zone in which the flag lot is located.
(e) The front yard for the flag shall be measured at the point where the
pole meets the flag.
(f) The pole or access strip shall be suitable for the construction of an
access driveway designed to provide continuous access from the public
street to the flag and building envelope.
(g) A flag lot shall not be further subdivided.
(h) Any flag lot shall meet all other applicable zone standards.

7.22 ENVIRONMENTAL PROTECTION (EP) ZONE

No person shall use any land or erect, alter or use any building or structure in the
“Environmental Protection EP” Zone except in accordance with the following
provisions of this Section and any other relevant Sections in this By-law.

7.22.1 Permitted Uses

7 .22.1 – EP Permitted Uses

Main Uses

  • Conservation Use excluding buildings
  • Outdoor Recreation Use excluding buildings
  • Stormwater Management Facility

Accessory Uses, Structures

  • Accessory structure such as a directional sign, comfort station, information kiosk

7.22.2 Zone Requirements

The following zone requirements shall apply to any permitted use, accessory use, or
structure:

1. The placement of any structure, stormwater facility, drainage or
erosion control structure shall be subject to approval by the South
Nation Conservation Authority or Ministry of the Environment,
Conservation and Parks, whoever has jurisdiction.

2. That Schedule ‘H’ to By-law 2965 (2012) is hereby amended for
certain lands, legally described as Concession 1, West Part of
Lot 6, Lot 7 E, Lot 8 of the Township of Augusta and that part
of the said lands shall be zoned Rural Destination (RUD) Zone
as shown in PART C to this by·law.

3. That Schedule ‘H’ to By-Jaw 2965 (2012) is hereby amended
for certain lands, legally described as Concession 1, West
Part of Lot 6, Lot 7 E, Lot 8 of the Township of Augusta and
that part of the said lands shall be Zoned Environmental
Protection (EP) Zone as shown in PART C to this by-law.

4. That Schedule ‘H’ to By-law 2965 (2012) is further amended by
changing the lands zoned PSW to Environmental Protection
(EP) Zone.

5. That the zone boundaries of the Rural Destination (RU D)
Zone are shown on Schedule “A” to this by-law which zone
boundaries and map are hereby declared to form part of this
by-law.

6. That the zone boundaries of the Environmental Protection
(EP) Zone are shown on Schedule “C” to this by-law which
zone boundaries and map are hereby declared to form part
of this by-law.

7. That By-law 3449-2019 passed by the Council of the
Township of Augusta on December 2, 2019 is hereby
repealed in its entirety.

PART B – SECTION 36- PLANNING ACT

WHEREAS pursuant to the provisions of the Planning Act, RSO 1990, c. 13, Section 36,
the Council of a Municipality may enact the use of a Holding zone (h) for any by-law
passed under Section 34 and may specify the use to which lands, buildings or structures
may be at such time in the future as the holding symbol is removed by amendment to
the By-law;

AND WHEREAS the Council of the Corporation of the Township of Augusta intends to
amend the Zoning By-law to permit the expansion of the water park resort and make
provision for additional uses;

NOW THEREFORE, the Council of the Corporation of the Township of Augusta enacts
as follows:

1. That lands shown on the Schedule A, of this by-law as Rural
Destination- Holding Zone (RUD-h) may be used for the uses
described in the Rural Destination (RUD) zone provided that any or all
conditions for the lifting of the Holding symbol as set out in Section
9.4.6 of the Official Plan are met and more specifically, that adequate
provision is made for water, sanitary sewage and stormwater
management services are met for the proposed use(s).

2. That all applicable zone regulations in the Rural Destination (RUD)
Zone shall apply to any development or redevelopment upon the lifting
of the ‘h’ symbol.

Read a first time this 16 of September, 2020.

Read a second and third time and finally passed this 16 of September, 2020.

Signed by Mayor Doug Malanka and Clerk Annette Simonian

map showing lands to be zoning RUD-h except as shown on Schedule B (lands to be zoned environmental protection (EP)

map showing lands to be zoned environmental protection (EP)