Body: Planning Committee Type: Document Meeting: Regular Date: 2020 Collection: Agenda Attachments Municipality: Frontenac County
[View Document (PDF)](/docs/frontenac-county/Item Attachments/Agenda Item/2023/July/2023-078 Planning and Economic Development Department Application for Extension of Draft Plan of Condominium Approval, Ardoch Lake Condominium, Townsh/Attachment 4 - Approved Conditions - Oct 21, 2020.pdf)
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10CD-2012/001 (Ardoch Lake) Plan of Vacant Land Condominium Conditions of Draft Approval Date of Decision: October 21, 2020 Amended Conditions: N/A Conditions of Draft Plan Approval The conditions of approval for the draft plan of vacant land condominium are as follows:
- That this approval applies to the Draft Plan of Vacant Land Condominium dated September 14, 2020, showing a total of 23 residential Units, 4 Blocks and two private lanes, prepared and certified by DM Wills and Associates (engineer).
- That the Owner shall agree to enter into a condominium agreement with the Township of North Frontenac, to the satisfaction of the Township and to be registered on title of the subject land.
- That the Owner shall agree in writing to satisfy all the requirements, financial or otherwise to the Township of North Frontenac concerning the provision/upgrade of roads, installation of services, drainage works, utilities and all other required works in accordance with the Township’s Design Criteria and Guidelines. Further, that the development, construction and use of the lands in this condominium shall be in accordance with the following reports submitted with the application for draft approval, unless otherwise amended, modified, or directed in witting by the Township and as secured in the condominium agreement:
EcoVue Consulting Inc. Response to North Frontenac Council Comments, September 3, 2020
WSP, Conceptual Lot Servicing Plan, September, 2020
EcoVue Consulting Inc. Planning Report Addendum March 12, 2020;
Genivar, Phosphorus Budget Assessment (Response to Comments), July 6, 2012, technical addendum October 23, 2012;
Niblett Environmental Associates, Environmental Impact Study (Response to Comments), November 12, 2012; Addendum Report March 26, 2015; Final
Conditions of Draft Plan Approval 10CD-2012/001 (Ardoch Lake) Date of Decision: October 21, 2020
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Addendum, January 13, 2020; and Update to Environmental Impact Study, July 10, 2020;
Genivar Servicing Options Statement (Response to Comments), July 2013; Revised Letter prepared by WSP, August 14, 2017; Final Servicing Plan prepared by WSP, July 2020;
D.M. Wills, Stormwater Management Brief, December 23, 2011;
Jagger Hims Ltd. Rural Servicing Study, November 2007; Addendum prepared by Genivar April 12, 2011; Response to Comments prepared by Genivar, September 12, 2012;
Northeastern Archaeological Associates, Archaeological Assessment Stage 1 to 3, March 2009;
That the Owner shall reimburse the Township of North Frontenac and the County of Frontenac for all legal, engineering, planning, administrative expenses and permit fees, including the cost of any peer review that the Township or the County may require in relation to the development and the fulfillment of conditions.
That the Owner acknowledges and agrees that all reports and studies required as a result of approval of the Plan of Vacant Land Condominium shall be implemented to the satisfaction of the Township at the sole expense of the Owner. Further, that the Township shall require certification by the Owner’s professional consultants that the works have been designed and constructed in accordance with the approved reports, studies, standards and specifications and plans to the satisfaction of the Township.
That the Owner shall prepare and furnish, at its own cost, all plans, specifications, calculations, contours or other information pertaining to the works which may be required by the Township, and shall also prepare and submit to the Township estimates of the quantities and costs of the Municipal Works, and substantiate same to the Township if requested. In all respects, the specifications used for the Municipal Works shall be equivalent to or exceed Township specifications and, in all cases, be acceptable to the Township.
That the two proposed private lanes shown in the draft plan (Road A and B, from the intersection with Ardoch Road) be designed and constructed, at a minimum, in Conditions of Draft Plan Approval 10CD-2012/001 (Ardoch Lake) Date of Decision: October 21, 2020
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accordance with Township Design Criteria and Standards and Private Lane Standards for new private lanes. 8. That the condominium roads be subject to a joint use agreement, or comparable agreement, to be registered on title, between the condominium corporation/declarant and any property owners beyond the subject lands that gain access over the condominium road to the satisfaction of the Township.
That an easement in favour of CLARENDON NE RANGE PT LOT 21;22,23 CON 2 PT LOT 22 23 SW;RANGE PT LOT 21,22 RP 13R;5753 PT PART 2 shall be established over Road A (and the retained lands, if applicable) to maintain the current access to 5026A Ardoch Road to the satisfaction of the Township. This condition shall be deemed to be satisfied if alternative legal access to 5026A is obtained to the satisfaction of the Township.
That the retained lands to the north of Road A, abutting 5026A Ardoch Road, will not be a standalone, legally conveyable parcel of land in the Land Registry Office to the satisfaction of the Township.
That the Owner agrees in writing that any easements as may be required for utility, road access, or drainage purposes shall be granted to the appropriate authority or residence.
That the Owner, shall ensure all dedications, easements and reserves as required by the Township for this development be granted to the Township free and clear of all encumbrances.
That the Owner shall prepare a report to outline in detail any need for blasting and that shall identify the need for a precondition survey of lots abutting the subject lands and others within the immediate area which may be affected by the development and include any recommendation for mitigation of blasting impacts. The Owner will comply with each and every recommendation contained in said report, to the satisfaction of the Township and any applicable government agency. Any works performed shall be in compliance with the Township of North Frontenac Noise Control Policy.
That the Owner, prior to final approval, shall install street lighting at the entrance to the development at Ardoch Road intersection and that such lighting shall illuminate the intersection and mail box location to the satisfaction of the Township.
Conditions of Draft Plan Approval 10CD-2012/001 (Ardoch Lake) Date of Decision: October 21, 2020
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15. That the Owner, prior to final approval, shall undertake a Traffic Impact Assessment completed by a qualified professional to determine any required upgrades to the intersection of the condominium road with Ardoch Road and that such works be undertaken to the satisfaction of the Township.
That the Owner shall agree to provide signage at the entrance of the condominium road, advising the public that the condominium road is private.
That the Owner agrees that the only shoreline works (boathouses, etc.) permitted within the development will be located within the common access area of Block ‘D’ and individual docks on waterfront units beyond the identified fish spawning grounds, with the exception of shoreline erosion controls measures, if required.
That the Owner shall agree in writing to name the streets in accordance with Township Civic Addressing By-law for the Township and shall install signage to the satisfaction of the Township and in accordance with Township Design Criteria and Standards.
That the Owner shall agree in writing to obtain a permit for each residential unit and Block D entrance proposed along Roads A and B in accordance with the Township Construction of Entrances Policy; a single entrance shall be provided to each residential unit.
That the Owner shall provide adequate onsite water capacity in a manner or method as approved in accordance with the Ontario Fire Code to the satisfaction of the Township. That this reservoir or hydrant(s) shall be left unobstructed and accessed by the Township for inspection anytime year round and shall be maintained by the Condominium Corporation, which requirement shall be incorporated into the final condominium agreement. Construction and maintenance costs shall be borne by the Owner/Condominium Corporation and shall be to the satisfaction of the Township.
That the Owner shall agree to provide a detailed design of the common access area on Block ‘D’, prepared by a qualified professional, to the satisfaction of the Township, Mississippi Valley Conservation, Ministry of Natural Resources and Forestry (if applicable) and applicable permitting agencies (Department of Fisheries and Oceans, etc.). The design shall incorporate a boat launch facility and shall be constructed to
Conditions of Draft Plan Approval 10CD-2012/001 (Ardoch Lake) Date of Decision: October 21, 2020
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accommodate access to the water and shall be designed to minimize aesthetic and water quality impacts along the waterfront. The owner shall obtain an amendment to the comprehensive Zoning By-law to the satisfaction of the Township to permit communal docking at Block ‘D’.
That the Owner shall agree to provide signage at the common waterfront access area on Block ‘D’ advising the public of the impact of invasive species; such signage shall be designed to be consistent with existing Township signage to the satisfaction of the Township.
That the Owner shall prepare and distribute educational materials for future homeowners describing the importance of all significant natural heritage features on the subject property, and the required protective measures (e.g. vegetative buffers, setbacks, restriction on individual docks and boathouses, sediment and erosion control during construction).
That the Owner agrees in writing to pay cash-in-lieu of parkland in accordance with approved Township policies and By-law to Provide for the Conveyance of Land for Park or Other Public Recreational Purpose and/or Cash-in-Lieu of Parkland Dedication.
That the Owner agrees in writing that the Township may implement whatever measures it deems necessary to ensure orderly development of the plan of condominium, including but not limited to the requirement of condominium agreements, the design and construction of Block ‘D’ (i.e., the common access area), and imposition of “h” holding zoning or 0.3 metre reserves.
That the Owner agrees to deposit with the Township, securities in the form of a letter of credit, representing 100% of the estimated cost of the works to be provided with respect to the condominium. The letter of credit shall be reduced, in accordance with the terms and conditions of the Condominium Agreement.
That the Owner agrees for the condominium agreement to contain a provision requiring the Owner to pay development charges, in place at the time of the issuance of the building permit, prior to the issuance of the building permit and to acknowledge and agree that the Township will not issue any building permit until the development charges have been paid in full.
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28. That the Owner shall agree in writing to obtain permits or approvals as may be required from any federal, provincial, municipal or local authority and to file copies thereof with the Township. 29. That the Owner shall agree in writing that the natural soil and vegetation within the 30 metre setback area from Ardoch Lake is not to be disturbed and is to be left in its natural state as of the date of draft approval. The condominium agreement and condominium declaration include provisions that would require unit owners to provide protection of natural vegetation within the 30 metre setback area. This shall not prevent the establishment of a 1.5m wide (maximum) pathway to the lake or the removal of noxious weeds or invasive species; dead or diseased trees for safety reasons as determine by a Licensed Tree Marker, Registered Professional Forester or Certified Arborist. 30. That prior to final approval, that Block ‘A’, ‘B’. and ‘C’ and all applicable wetland and shoreline setbacks (excluding those within the Road ‘A’ block) are rezoned to restrict structures and site alteration. This shall not prevent the establishment of common access structures and docking on Block ‘D’ nor individual docks on waterfront units beyond the identified fish spawning grounds. 31. That prior to final approval, County of Frontenac is to be advised by the Township of North Frontenac that this proposed condominium complies with the Zoning By-law in effect for the Township. 32. That the Owner shall agree in writing that a Canada Post Centralized Community Mail Boxes, be installed, if deemed necessary by Canada Post, at a location to the satisfaction of Canada Post and the Township. 33. That the Owner agrees in writing that permit shall be obtained from the Kingston, Frontenac, Lennox & Addington Public Health Unit, or applicable agency, and that all septic systems be designed to the satisfaction of the Township and MECP. To address septic systems to the satisfaction of MECP, the following conditions will need to be met: a. the phosphorus add-on units, which perform to a standard of 1mg/L of total phosphorus, are installed as part of the approved septic system design for Units 1-15 and 23; b. phosphorus add-on units are maintained and inspected as per manufacturer specifications; Conditions of Draft Plan Approval 10CD-2012/001 (Ardoch Lake) Date of Decision: October 21, 2020
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c. a monitoring program, designed to the satisfaction of the MECP and the Township, is implemented via the Condominium agreement and monitoring results are provided to the County, Township, Health Unit and MECP. d. The Zoning By-law for the Units 16-22 require that all septic systems be located beyond the 300 metre setback from the lake; e. The Zoning By-law for the residential waterfront lots should maintain a minimum 30 metre setback for all structures and sewage systems, and the buffer lands should be protected during and after construction; f.
Full sized leaching beds should be incorporated into the design of the sewage systems to provide enhanced treatment of the final effluent and should be constructed with imported acidic soils to promote phosphorus attenuation. Pumps shall be provided for raised sewage systems, where determined as part of the permitting process.
g. The site servicing plan showing the location of the house, well, sewage system envelopes (primary and alternate), taking into consideration site topography be prepared and provided to all future purchasers. The reserved areas for the primary and alternate sewage system locations much each be 500m2, the mantle portion of the reserved areas may overlap. h. Primary and alternate sewage system locations be reserved and maintained solely for that purpose. No constructions of wells, homes, driveways, pools, garages or other structures is to take place in the primary or alternate area. i.
Deviations from the locations on the site servicing plan may require the submission of an engineering report/design and terrain analysis supporting the proposed changes (including potential impact on adjoining properties).
- That any existing wells and/or septic systems that may be present on the site and which are not planned to be used as part of the condominium development be decommissioned as per applicable regulations.
- That the recommendations of the Environmental Impact Statement, entitled Environmental Impact Study, August 2011 and subsequent addendums (November 12, 2012, March 26, 2015, January 13, 2020, July 10, 2020) be addressed and implemented to the satisfaction of the Township and Mississippi Valley Conservation.
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36. That the Owner shall prepare a detailed stormwater management design. The stormwater design shall demonstrate how stormwater drainage from the development will be accommodated, and shall address both water quantity and quality, and erosion and sedimentation control both during and after construction and that appropriate text to implement its findings be included in the Condominium Agreement to the satisfaction of Mississippi Valley Conservation Authority and the Township. 37. That the Condominium Agreement contain a provision that a permit is required from MVCA, pursuant to Ontario Regulation 153/06 - “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”, prior to the initiation of any alterations to the shoreline of the lake and watercourse (including water crossings); or for any interference in, or within 30 m of, the identified wetlands. 38. That the Owner shall obtain an amendment to the comprehensive Zoning By-law to the satisfaction of the Township, to implement the requirements of the development, including, but not limited to: a. A minimum 40 m water setback for all buildings and structures will apply with the exception of a 30 meter setback for the septic system from the high water mark; b. A 30 meter vegetated buffer with a maximum clearing of 1.5 meters and no shoreline structures on Units 1-15 (existing dock on Unit 11 excluded); c. Communal docking with permitted shoreline structures on Block ‘D’ and individual docking on waterfront units beyond the identified fish spawning grounds; and d. Recognition of the existing seasonal dwelling and dock on Unit 11.
That the Owner shall agree in writing that the existing dwelling on Unit 11 is a noncomplying structure and any expansion in height, volume or footprint will necessitate planning approvals and should the structure be demolished, a new structure shall be located outside of the 40 meter setback on the property and comply with all other zoning provisions.
That the Owner shall agree in writing that the installation of a new septic system, and any future septic systems at Unit 11 shall be installed in accordance with Condition 33, requiring phosphorus a add-on unit, which performs to a standard of 1mg/L of total phosphorus, is installed as part of the approved septic system design.
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41. All in-water and shoreline works to be restricted to those associated with common access area at Block ‘D’ and permitted individual waterfront unit docks, may only be constructed in accordance with approvals issued by Department of Fisheries and Oceans, Ministry of Natural Resources and Forestry, or Mississippi Valley Conservation Authority, where deemed necessary under applicable legislation. 42. That the Owner agree in writing all recommendations of the archaeological report entitled Northeastern Archaeological Associates, Archaeological Assessment (Stages 1 to 3), Ardoch Lake, March 2009 be implemented to the satisfaction of the Township. 43. That the Owner prepare a vegetative preservation/ landscape plan to the satisfaction of the Township and the Mississippi Valley Conservation Authority, which includes a recommendation for sturdy fencing or a similar barrier (at least 1 metre high) during construction, to ensure the natural vegetative buffer within 30-metres of the high water mark remains in-tact and that other vegetation loss on the site is minimized. 44. The Owner agree in writing for the condominium agreement to contain a clause providing that any purchaser be advised, and also that a notice be placed in the purchase and sale agreement, alerting a prospective purchasers that, in the event that human remains are discovered during construction or site development of a unit, the property owner shall immediately contact the OPP, the Ministry of Tourism, Culture and Sport and the Registrar or Deputy Registrar of the Cemeteries Unit of the Ministry of Consumer Services (or the applicable agencies at the time of final approval). 45. That Owner agree in writing that if, during the process of development, any archaeological resources or human remains of Aboriginal interest are encountered, the Algonquins of Ontario Consultation Office will be contacted immediately at: Algonquins of Ontario Consultation Office 31 Riverside Drive, Suite 101 Pembroke Ontario K8A 8R6 Telephone 613-735-3759 Fax 613-735-6307 E-mail: algonquins@tanakiwin.com
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46. That Owner agree in writing that public utilities, including without limitation Bell Canada (or alternative provider for telecommunication and cable), Hydro One, etc. are adequate to service the proposed development and installed to the satisfaction of the Township. 47. That the Owner submit a draft Condominium Declaration for approval by the Township containing but not limited to the following provisions: a. That the parking and storage of derelict vehicles and recreation vehicles on the subject lands is prohibited. b. The following warning clause: “All owners and tenants/future purchasers acknowledge and agree that the ownership and maintenance of the private lane and driveways, including snow removal, shall remain the sole responsibility of the Condominium Corporation under the provisions of the Condominium Act and the Township of North Frontenac will have no jurisdiction and further liabilities within the private lane and driveways.” c. The provisions for Private Lanes as required in Section 5.3 Private Lane Policies of the Township of North Frontenac Official Plan.
That prior to final approval, the solicitor(s) for the Owner shall advise the Township and County, in writing, that the proposed condominium declaration has been unconditionally approved as to form and content by the Registry Office.
That prior to final approval, the solicitor(s) for the Owner advise the Township and County that the declaration has been executed on behalf of the Owner and that all of the schedules to the proposed condominium declaration have been signed by the requisite signatories including the Owner, the project surveyor, the project solicitor and the project engineer and/or architect and all mortgagees.
That the Owner shall provide a copy of all reference plans associated with this application to the Township and County for approval prior to registration.
That the Owner, prior to final approval, shall pay the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) to the Township.
That prior to Final Condominium Approval, the Owner shall submit a revised Plan, if required, to reflect any significant alterations caused from this Draft Plan Approval. Conditions of Draft Plan Approval 10CD-2012/001 (Ardoch Lake) Date of Decision: October 21, 2020
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Where final engineering design(s) result in minor variations to the Plan (e.g. in the configuration of units, etc.), these may be reflected in the Final Plan subject to the satisfaction of the Township and the County. 53. That when requesting Final Approval from the County of Frontenac, the Owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a surveyor’s certificate stating that the units/blocks thereon conform to the frontage and area requirements of the zoning by-law. 54. That pursuant to section 51 (32) of the Planning Act, this Draft Plan Approval is granted for three years from the decision date. The Owner may request the County issue an extension of Draft Approval should that be needed. The County shall notify the Township of any request to extend Draft Approval. 55. Clearance Letters: a. That prior to Final Condominium Approval, the County of Frontenac shall be advised by the Township of North Frontenac that all Conditions of Draft Plan Approval requested by the Township have been satisfied; the clearance memorandum shall include a brief statement detailing how each Condition has been met. b. That prior to Final Condominium Approval, the County is to be advised in writing by KFL&A Public Health of the method by which its conditions have been addressed. c. That prior to Final Condominium Approval, the County is to be advised in writing by MECP of the method by which its conditions have been addressed. d. That, prior to Final Condominium Approval, the County is to be advised in writing by the Mississippi Valley Conservation Authority of the method by which its conditions have been addressed. Notes of Draft Approval:
This draft approval is for a period of three (3) years. The Owner is advised that they are to apply for any extension at least sixty (60) days prior to lapsing date or in accordance with the County of Frontenac Plan of Subdivision and Condominium Guidelines. This
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approval may be extended pursuant to Subsection 51(33) of the Planning Act, but no extension can be granted once the approval has lapsed.
If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval will lapse under Section 51(32) of the Planning Act, R.S.O. 1990.
It is the applicant’s/owner’s responsibility to fulfill the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Approval Authority, quoting file number 10CD-2012/001 (Ardoch Lake).
All measurements in the final plans must be presented in metric units.
Please note that an updated review of the plan, and revision of the conditions of approval, may be necessary if an extension is to be granted.
Where a condition makes reference to legislation of the Township of North Frontenac, County of Frontenac, Government of Ontario or the Government of Canada, such reference shall be deemed to include any and all amendments or successors or changes in the titles, numbering, or regulations thereunder. Where a conditions makes reference to the jurisdiction or policy of a public agency and where the name or responsibilities of said public agency are changed, the said reference shall be deemed to include any and all successors to such public agency, legislation or policy.
Please consult the County of Frontenac Plan of Subdivision and Condominium Guidelines and Planning Department for submission requirements for final approval including number of copies required, requirements for review of final plans, and, submission timelines.
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