Body: Planning Committee Type: Agenda Meeting: Regular Date: May 6, 2019 Collection: Council Agendas Municipality: Frontenac County
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Document Text
Planning Advisory Committee Meeting Monday, May 6, 2019 – 10:00 a.m. The Bud Clayton Memorial Board Room, 2069 Battersea Road, Glenburnie, ON
AGENDA Page 1.
Call to Order
Committee Orientation a) Mr. Kelly Pender, CAO, will provide the new Planning Advisory Committee with an orientation.
Election of Officers a) Election of Chair
4 - 37
b)
Election of Vice Chair
Adoption of the Agenda a) That the agenda for the May 6, 2019 meeting of the Planning Advisory Committee be adopted.
Disclosure of Pecuniary Interest and General Nature Thereof
Adoption of Minutes a) Minutes of Meeting held April 9, 2018
38 - 41
That the minutes of the Planning Advisory Committee meeting held April 9, 2018 be adopted. 42 - 44
b)
Minutes of Public Meeting held May 9, 2018 That the minutes of the Planning Advisory Committee Public meeting held May 9, 2018 be adopted.
45 - 52
Deputations and/or Presentations a) Mr. Darwyn Sproule will provide a deputation to the Committee regarding Township of North Frontenac citizen concerns over Areas of Natural and Scientific Interest (ANSI). b)
Ms. Claire Dodds and Ms. Trudy Gravel, Township of South Frontenac
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Page Planning Department, will provide the Committee with an overview of the Townships planning and scheduled future works. 8.
Briefings a) Mr. Joe Gallivan, Director of Planning and Economic Development will provide the Planning Advisory Committee with his regular Directors briefing.
Reports to the Planning Advisory Committee a) 2019-048 Planning Advisory Committee Status of Plans of Subdivision and Condominium in Frontenac County
53 - 96
97 - 104
This report is for information purposes only. 105 - 125
b)
2019-049 Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) Recommendation: Whereas an application has been filed with the County of Frontenac for a Draft Plan of Vacant Land Condominium located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac; And Whereas the Planning Advisory Committee and the Council of the County of Frontenac considered all written and oral submissions received on this application, the effect of which helped the Council of the County of Frontenac make an informed decision; And Whereas the application is consistent with the Provincial Policy Statement (2014), conforms to the Frontenac County Official Plan, Township of South Frontenac Official Plan, will comply with the Township of South Frontenac Zoning By-law, and has been reviewed in accordance with the criteria of Section 51 (24) of the Planning Act. Therefore Be It Resolved That the Planning Advisory Committee receive the Planning Advisory Committee – Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores)
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Page report; And Further That the Council of the County of Frontenac approve the proposed 10CD-2016/001 vacant land condominium development, including Draft Conditions of Approval attached to this report as Appendix A. 126 - 130
c)
2019-050 Planning Advisory Committee Township Committee of Adjustment Lean Process Improvement Update This report is for information purposes only.
131 - 134
d)
2019-051 Planning Advisory Committee Authorization of Delegated Authority to the Director of Planning and Economic Development for Part Lot Control Recommendation: Resolved That the Council of the County of Frontenac receive the Planning Advisory Committee – Delegated Authority for Part Lot Control – Amendment to Bylaw No. 2016-0006 Delegation of Authority Policy report for information; And Further That the Council of the County of Frontenac authorize delegated authority to the Director of Planning and Economic Development for part lot control and amend the plans of subdivision and plans of condominium authorization wording as contained in Appendix 1. And Further That By-law 2016-0006 being a by-law to establish a Delegation of Authority Policy and to authorize the delegation of certain powers and duties under the Municipal Act, 2001, the Planning Act and other Acts be amended accordingly.
Communications
Other Business
Next Meeting
Adjournment
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Footer: Photo Location
AGENDA ITEM #a)
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Committee Orientation
• Meeting Management
• County of Frontenac Procedural By-law • Code of Conduct for Members of County Council and Committees AGENDA ITEM #a)
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Agenda
• Municipal Act requires that all municipalities have a procedural by-law • Municipal Act and Procedural By-law requires that all meetings are open to the public except under certain circumstances • The purpose of procedures is to seek to achieve consensus in an orderly and principled manner. • County Procedural By-law governs Council and Committees of Council.
AGENDA ITEM #a)
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Procedural By-law
• Advisory Committees are created by Council. • Advisory Committees can only do what they are authorized to do by Council (Committee Mandate) • Advisory Committees are only mandated to advise Council and any recommendations must be approved by Council prior to any action being taken.
AGENDA ITEM #a)
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Committee Mandate
1 . E n s u r e c o - o r d i n a t i o n a n d c o n s u l t a t i o n wi t h o t h e r C o u n t y A d v i s o r y Committees and departments on overlapping matters 2.Consider budget proposals and business plans 3 . C o n s u l t wi t h t h e C i t y o f K i n g s t o n R u r a l A ff a i r s A d v i s o r y C o m m i t t e e on issues of joint interest 4 . R e c e i v e r e p o r t s f r o m s t a ff o n i t e m s wi t h i n t h e C o m m i t t e e ’s m a n d a t e . 5 . R e c e i v e p u b l i c d e l e g a t i o n s o n m a t t e r s a ff e c t i n g g e n e r a l l a n d u s e planning and hold public meetings, as required by the Planning Act, wi t h r e s p e c t t o p l a n s o f s u b d i v i s i o n a n d c o n d o m i n i u m . 6.Review and recommend to Council revisions to the Planning C o m m i t t e e Te r m s o f R e f e r e n c e , a s r e q u i r e d . 7 . R e c o m m e n d t o C o u n c i l , t h e C o u n t y o f F r o n t e n a c ’s p a r t i c i p a t i o n i n federal or provincial cost-sharing programs 8.Monitor provincial and federal legislation that has an impact on planning matters.
AGENDA ITEM #a)
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Mandate of the Planning Advisory Committee
1. 2. 3. 4. 5.
P r o v i d e d i r e c t i o n t o s t a ff f o r t h e i m p l e m e n t a t i o n o f t h e p l a n n i n g a n d d e v e l o p m e n t g o a l s a n d p o l i c i e s a s o u t l i n e d i n t h e C o u n t y ’s O ff i c i a l P l a n d o c u m e n t . M a k e r e c o m m e n d a t i o n s t o C o u n c i l wi t h r e s p e c t t o C o u n t y O ff i c i a l Plan matters. Review and make recommendations to Council concerning other p l a n n i n g m a t t e r s o f t h e C o u n t y, Encourage and support the ongoing County sustainability plan, Directions for Our Future. R e v i e w a n d c o n s i d e r r e p o r t s o n t h e f o l l o wi n g m a t t e r s t h a t f a l l wi t h i n t h e m a n d a t e o f t h e C o m m i t t e e :
- Subdivision and condominium applications;
- Extensions of draft plan approvals; 3 . C o u n t y a n d To wn s h i p O ff i c i a l P l a n a m e n d m e n t s ; a n d 4 . C o u n t y a n d To wn s h i p O ff i c i a l P l a n u p d a t e s . Make recommendations to Council on matters relating to Community Improvement Plans (CIPs ). R e c e i v e a d v i c e f r o m , a n d wo r k wi t h e c o n o m i c d e v e l o p m e n t stakeholders
AGENDA ITEM #a)
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Specific Responsibilities
To p r e s e r v e o r d e r a n d d e c o r u m a n d d e c i d e a l l q u e s t i o n s o f o r d e r To r e c e i v e a n d s u b m i t , i n t h e p r o p e r m a n n e r, a l l m o t i o n s presented to the Committee To p u t t o v o t e a l l q u e s t i o n s wh i c h a r e p r o p e r l y b r o u g h t b e f o r e t h e Committee or arise in the course of proceedings, and announce the results To r u l e o n a l l p r o c e d u r a l m a t t e r s , wi t h o u t d e b a t e o r c o m m e n t To d e c l i n e t o p u t t o a v o t e m o t i o n s wh i c h d o n o t c o m p l y wi t h t h e r u l e s o f p r o c e d u r e , o r wh i c h a r e n o t wi t h i n t h e j u r i s d i c t i o n o f t h e Committee To r e s t r a i n t h e M e m b e r s , wi t h i n t h e r u l e s o f o r d e r, wh e n e n g a g e d in debate To c a l l b y n a m e a n y M e m b e r p e r s i s t i n g i n b r e a c h o f t h e r u l e s o f order and may order the Member to vacate the room To a d j o u r n o r s u s p e n d t h e M e e t i n g i f t h e C h a i r c o n s i d e r s i t necessary because of grave disorder
AGENDA ITEM #a)
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Duties of the Chair
Closed Meeting – Not applicable. Committees are not permitted to hold Closed Meetings Deputations and/or Presentations – Must give notice to the Clerk 10 days in advance of the meeting, limited to 2 deputations per meeting, limited to 10 minute time allotment Briefings - A verbal update to by Staff or consultants to Motions, Notice of Which has Been Given – Members get business on an agenda by way of providing notice to the Clerk prior to the publishing of the agenda Other Business Statement by Members – When a member wishes to inform the Committee of a matter that does not require action or consideration. Matters of Urgency – When a member wishes to inform the Committee of a matter that must be considered immediately, due to extreme time constraints, requires a two -thirds majority vote.
AGENDA ITEM #a)
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Procedures of Meeting
A quorum of the Members of Council or Committee that are present and discuss issues in a way that materially advances the business or decision making of Council or Committee It is not appropriate to discuss Committee business via email It is not appropriate to meet at a local coffee shop or restaurant to discuss Committee business
AGENDA ITEM #a)
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Definition of a Meeting
Section 270 of the Municipal Act requires that municipalities have policy in place on how they will be transparent and accountable How we provide notice to the public
AGENDA ITEM #a)
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Public Notice Requirements
• The agenda is how we provide notice of what will be discussed at a meeting • Items should not be added to an agenda at the meeting as this provides no public notice that the Committee will be speaking about that item • “Other Business” Section 24.2 • Statement by Members • Matters of Urgency • Agenda items should fall within the Committees mandate
AGENDA ITEM #a)
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Adherence to the Agenda
• Discussion at meetings should be centered around the agenda and agenda items • Minutes of meetings are not verbatim, but are a neutral reflection of what transpired at the meeting • Minutes are prepared by the recording secretary and are only subject to change by the entire Committee AGENDA ITEM #a)
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Committee Minutes
Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall, in accordance with the Municipal Conflict of Interest Act: a) Prior to any consideration of the matter at the Meeting, disclose the Member’s interest and the general nature thereof; and b) Not take part in the discussion of, or vote on any question in respect of the matter, and c) Not attempt in any way whether before, during or after the Meeting to influence the voting on the matter.
AGENDA ITEM #a)
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Declaration of Pecuniary Interest
Indirect pecuniary interest 2 For the purposes of this Act, a member has an indirect pecuniary interest in any matter in which the council or local board, as the case may be, is concerned, if, (a) the member or his or her nominee, i. is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public, ii.Has a controlling interest in or is a director or senior officer of, a corporation that offers its securities to the public, or iii.Is is a member of a body, that has a pecuniary interest in the matter; or • (b) the member is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter. R.S.O. 1990, c. M.50, s. 2.
Interest of certain persons deemed that of member 3 For the purposes of this Act, the pecuniary interest, direct or indirect, of a parent or the spouse or any child of the member shall, if known to the member, be deemed to be also the pecuniary interest of the member. R.S.O. 1990, c. M.50, s. 3; 1999, c. 6, s. 41 (2); 2005, c. 5, s. 45 (3).
AGENDA ITEM #a)
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Declaration of Pecuniary Interest
AGENDA ITEM #a)
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What is Pecuniary Interest
• Was adopted by County Council on February 20, 2019 • Covers Councillors and Committee Members (including Advisory Committee members) • All those bound by the Code of Conduct are required to acknowledges that they have read, understood and accept this Code of Conduct.
AGENDA ITEM #a)
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Code of Conduct for Members of County Council and Committees
•
•
•
Applies to all Members of the Council of the County of Frontenac, including the Warden and, unless specifically provided, with necessary modifications to all County committees, agencies, boards and commissions, which are defined as local boards in subsection 1(1) and section 223.1 of the Municipal Act, 2001. Its purpose is to establish a general standard to ensure that all Members share a common basis for acceptable conduct, and to which all Members are expected to adhere to and comply with. Is intended to set a high standard of conduct for Members in order to provide good governance and a high level of public confidence in the administration of the County by its Members as duly elected public representatives to ensure that they each operate from a foundation of integrity, transparency, justice, truth, honesty and courtesy
AGENDA ITEM #a)
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Committees and Members of Committees
Bill 68 broadened the role of the Integrity Commissioners, including: • Investigating alleged contraventions of the code of conduct and key sections of the Municipal Conflict of Interest Act (MCIA). • Providing advice to Members of Council and local boards respecting their obligations under 1) the local code of conduct applicable to the members; 2) the local ethical behaviour procedures, rules or policies governing the members; and, 3) the MCIA. • Municipalities must provide the public with access to an Integrity Commissioner by either appointing their own Integrity Commissioner or making arrangements with an Integrity Commissioner of another municipality, or a combination of both. • All requests from Members of Council or of a local board to the Integrity Commissioner for advice will now need to be in writing.
AGENDA ITEM #a)
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Integrity Commissioner
Section 7 of the Code of Conduct outlines Gifts and Benefits Any gift to a Member risks the appearance of improper influence. Gifts may improperly induce influence or create an incentive for a Member to make decisions on the basis of relationships rather than in the best interests of the County. Section 7.2 outlines when a Member is entitled to accept a gift or benefit other than in the following circumstances If you accept a gift you must file a disclosure with the Clerk of the gift or benefit indicating the person, body or entity from which it was received together with the estimated value of the gift or benefit in accordance with the Disclosure Statement set out in Appendix “A”.
AGENDA ITEM #a)
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Gifts and Benefits
AGENDA ITEM #a)
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AGENDA ITEM #a)
The Corporation of the County of Frontenac Code of Conduct for Members of Council and Local Boards 1.0
Application & Purpose
1.1
This Code of Conduct applies to a l l M embers of t h e Council of the County of Frontenac, including the Warden and, unless specifically provided, with necessary modifications to all County committees, agencies, boards and commissions, which are defined as local boards in subsection 1(1) and section 223.1 of the Municipal Act, 2001.
1.2
The purpose of this Code of Conduct is to establish a general standard to ensure that all Members share a common basis for acceptable conduct, and to which all Members are expected to adhere to and comply with. This Code of Conduct augments other laws which Members are governed by and which requires Members to follow the Procedural By-law and other sources of applicable law, including but not limited to:
Municipal Act, 2001 Municipal Conflict of Interest Act Municipal Elections Act, 1996 Municipal Freedom of Information and Protection of Privacy Act Human Rights Code Occupational Health and Safety Act Provincial Offences Act Criminal Code
2.0
Statement of Principles
2.1
This Code of Conduct is intended to set a high standard of conduct for Members in order to provide good governance and a high level of public confidence in the administration of the County by its Members as duly elected public representatives to ensure that they each operate from a foundation of integrity, transparency, justice, truth, honesty and courtesy.
2.2
The following key statements of principle are intended to guide Members and assist with the interpretation of the Code of Conduct:
Members shall serve and be seen to serve the public in a conscientious and diligent manner;
Members shall observe and act with the highest standard of ethical conduct and integrity;
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AGENDA ITEM #a)
Members shall avoid the improper use of the influence of their office and act without self-interest;
Members shall act and are expected to perform their functions with honesty, integrity, accountability and transparency;
Members shall perform their duties and arrange their private affairs in a manner that promotes public confidence and that will bear close public scrutiny;
Members shall be cognizant that they are at all times representatives of the County and of Council, recognize the importance of their duties and responsibilities, take into account the public character of their function, and maintain and promote the public trust in the County; and
Members shall uphold the spirit and the letter of the laws of Canada, Ontario and the laws and policies adopted by Council.
The above statements are key principles that are intended to facilitate an understanding, application and interpretation of the Code of Conduct – the principles are not operative provisions of the Code of Conduct and are not intended to be enforced independently as such. 3.0
Definitions
3.1
The following terms shall have the following meanings in this Code of Conduct: (a)
“CAO” means the Chief Administrative Officer of the County;
(b)
“child” means a child born within or outside marriage and includes an adopted child and a person whom a parent has demonstrated a settled intention to treat as a child of his or her family;
(c)
“confidential information” means information or records that are in the possession, in the custody or under the control of the County that the County is either precluded from disclosing under the Municipal Act, 2001 or other applicable legislation, its Procedural By-law or any of its other by-laws, policies, rules or procedures, or that it is required to refuse to disclose under the Municipal Freedom of Information and Protection of Privacy Act or other legislation;
(d)
“conflict of interest” means a situation in which a Member has competing interests or loyalties between the Member’s personal or private interests and his or her public interests as an elected representative such that it might influence his or her decision in a particular a matter;
(e)
“Council” means the council for the County and includes, as the context may require and with all necessary modifications, any County committee,
County of Frontenac Code of Conduct for Members of Council and Local Boards And Complaints Protocol
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AGENDA ITEM #a)
agency, board or commission, which are defined as local boards in the Municipal Act, 2001; (f)
“County” means The Corporation of the County of Frontenac;
(g)
“fiduciary” means the obligation of a person in a position of authority to act on behalf of another, assuming a duty to act in good faith and with care, candour and loyalty in fulfilling this obligation;
(h)
“frivolous” means of little or no weight, worth, importance or any need of serious notice;
(i)
“local board” means any County committee, agency, board or commission, which is a local board as defined in subsection 1(1) and section 223.1 of the Municipal Act, 2001;
(j)
“meeting” means a regular, special or other meeting of Council or a committee of Council where: (i) (ii)
a quorum of Members is present, and Members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of Council;
(k)
“Member” means a Member of the Council for the County;
(l)
“non-pecuniary interest” means a private or personal interest that a Member may have that is non-financial in nature and that would be considered by a reasonable person, apprised of all the circumstances, as being likely to influence the Member’s decision in any matter in which the non-pecuniary interest arises, and may include, but is not limited to, an interest that arises from a relationship with a person or entity;
(m)
“parent” means a person who has demonstrated a settled intention to treat a child as a member of his or her family whether or not that person is the natural parent of the child;
(n)
“spouse” means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage;
(o)
“staff” means the CAO and all officers, directors, managers, supervisors and all non-union and union staff, whether full-time, part-time, contract, seasonal or volunteer, as well as agents and consultants acting in furtherance of the County’s business and interest;
(p)
“vexatious” means troublesome or annoying in the case of being instituted without sufficient grounds and serving only to cause irritation and aggravation to the person being complained of; and
(q)
“Warden” means the head of council for the County.
County of Frontenac Code of Conduct for Members of Council and Local Boards And Complaints Protocol
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AGENDA ITEM #a)
4.0
General Obligations
4.1
In all respects, a Member shall: (a)
make every effort to act with good faith and care;
(b)
conduct themself with integrity, courtesy and respectability at all meetings of the Council or any committee and in accordance with the County’s Procedural By-law or other applicable procedural rules and policies;
(c)
seek to advance the public interest with honesty;
(d)
seek to serve their constituents is a conscientious and diligent manner;
(e)
respect the individual rights, values, beliefs and personality traits of any other person, recognizing that all persons are entitled to be treated equally with dignity and respect for their personal status regarding gender, sexual orientation, race, creed, religion, ability and spirituality;
(f)
refrain from making statements known to be false or with the intent to mislead Council or the public;
(g)
recognize that they are representatives of the County and that they owe a duty of loyalty to the residents of the County at all times;
(h)
accurately communicate the decisions of Council and respect Council’s decision-making process even if they disagree with Council’s ultimate determinations and rulings; and
(i)
refrain from making disparaging comments about another Member or unfounded accusations about the motives of another Member.
5.0
The Role of Staff
5.1
Council as a whole approves the budget, policies and governance of the County through its by-laws and resolutions. An individual Member does not direct nor oversee the functions of the staff of the County.
5.2
The County’s staff serve Council and work f o r t h e County as a body corporate under the direction of the CAO. Inquiries of staff from Members should be directed to the CAO or to the appropriate senior staff as directed by the CAO.
5.3
A Member shall comply with the County’s Council and Staff Relationship Policy.
5.4
A Member shall not publicly criticize staff. Should a Member have any issue with respect to any staff member, such issue shall be referred to the CAO who will direct the matter to the particular staff member’s appropriate superior.
County of Frontenac Code of Conduct for Members of Council and Local Boards And Complaints Protocol
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AGENDA ITEM #a)
5.5
A Member shall respect the role of staff in the administration of the business and governmental affairs of the County, and acknowledge and appreciate that staff: (a)
provide advice and make policy recommendations in accordance with their professional ethics, expertise and obligations and that a Member must not falsely or maliciously injure the reputation of staff members whether professional or ethical or otherwise;
(b)
work within the administration of justice and that a Member must not make requests, statements or take actions which may be construed as an attempt to influence the independent administration of justice and, therefore, a Member shall not attempt to intimidate, threaten, or influence any staff member from carrying out that person’s duties, including any duty to disclose improper activity; and
(c)
carry out their duties based on political neutrality and without undue influence from any individual Member and, therefore, a Member must not invite or pressure any member of staff to engage in partisan political activities or be subjected to discrimination or reprisal for refusing to engage in such activities.
6.0
County Property
6.1
Council is the custodian of the assets of the County. The community places its trust in Council and those it appoints to make decisions for the public good in relation to these assets.
6.2
By virtue of their office or appointment, a Member must not use or permit the use of the County’s land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the County. No Member shall seek financial gain for themselves, family or friends from the use or sale of County-owned intellectual property, computer programs, technological innovations, or other patent, trademarks or copyright held by the County.
7.0
Gifts and Benefits
7.1
Any gift to a Member risks the appearance of improper influence. Gifts may improperly induce influence or create an incentive for a Member to make decisions on the basis of relationships rather than in the best interests of the County. A Member shall not accept a fee, advance, gift, gift certificate, cash, hospitality or any form of personal benefit connected directly or indirectly with the performance of his or her duties except as provided in Section 7.2. A gift, benefit or hospitality provided with the Member’s knowledge to a Member’s spouse, child, or parent, or to a Member’s staff that is connected directly or indirectly to the performance of the Member’s duties is deemed to be a gift to that Member. Any doubt concerning the propriety of the gift should be resolved by the Member not accepting or keeping it.
County of Frontenac Code of Conduct for Members of Council and Local Boards And Complaints Protocol
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AGENDA ITEM #a)
7.2
For greater clarity, despite Section 7.1, a Member is entitled to accept any compensation, remuneration or benefits authorized by law but shall not accept any gift or benefit other than in the following circumstances: (a)
such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation;
(b)
a political contribution otherwise reported by law, in the case of a Member running for office;
(c)
services provided without compensation by persons volunteering their time;
(d)
nominal tokens, mementos or souvenirs received as an incident of protocol or social obligation that normally accompanies the responsibilities of elected office or at a function honouring the Member;
(e)
food, lodging, transportation and entertainment provided by provincial, regional and local governments or any agencies or subdivisions of them or by the federal government or by a foreign government within a foreign country, or by a conference, seminar or event organizer where the Member is either speaking or attending in an official capacity as a representative of the County;
(f)
entrance fees or food and beverages consumed at banquets, receptions or similar events, if: (i)
attendance serves a legitimate municipal business purpose related to the normal business of the County,
(ii)
the person extending the invitation or a representative of the organization is in attendance, and
(iii) the value is reasonable and the invitations are infrequent;
7.3
(g)
gifts not having a value greater than $300;
(h)
benefits received as a door prize, raffle or similar draw at an event, conference or seminar attended by the Member; and
(i)
any gift or benefit, if the Integrity Commissioner is of the opinion, before the gift or personal benefit has been accepted, that it is unlikely that receipt of the gift or benefit gives rise to a reasonable presumption that the gift or benefit was given in order to influence the Member in the performance of his or her duties.
A Member who has received and accepted a gift or benefit pursuant to Section 7.2 shall file a disclosure of the gift or benefit indicating the person, body or entity from which it was received together with the estimated value of the gift or benefit
County of Frontenac Code of Conduct for Members of Council and Local Boards And Complaints Protocol
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in accordance with the Disclosure Statement set out in Appendix “A”. The list shall be provided to the Clerk on an annual basis commencing on March 31 of every year and shall be a matter of public record. 7.4
A Member shall not seek or obtain by reason of his or her office any personal privilege or advantage with respect to municipal services not otherwise available to the general public and not connected directly or indirectly to the performance of the Member’s duties.
8.0
Confidential Information
8.1
Members receive confidential information from a number of sources as part of their work as elected officials. This includes information received in confidence by the County that falls under the privacy provisions of the Municipal Freedom of Information and Protection of Privacy Act and other applicable privacy laws and information received during closed meetings of Council. Examples of types of information that a Member must keep confidential, unless expressly authorized by Council or as required by law, include, but are not limited to: (a)
matters related to ongoing litigation or negotiation, or that is the subject of solicitor-client privilege;
(b)
information provided in confidence, for example the identity of a complainant where a complaint is made in confidence;
(c)
price schedules in contract tender or Request for Proposal submissions if so specified;
(d)
personnel matters about an identifiable individual;
(e)
“personal information” as defined in the Municipal Freedom of Information and Protection of Privacy Act; and
(f)
any census or assessment data that is deemed confidential.
8.2
A Member shall not disclose the content of any confidential information, or the substance of deliberations, of a closed meeting. A Member has a duty to hold any information received at closed meetings in strict confidence for as long and as broadly as the confidence applies. All confidential documents received at a closed meeting are to be turned into the Clerk at the end of the closed meeting. A Member shall not, either directly or indirectly, release, make public or in any way divulge any such information or any confidential aspect of the closed deliberations to anyone, unless authorized by Council or as required by law.
8.3
A Member shall not disclose, use or release confidential information in contravention of applicable privacy laws. Members are only entitled to information in the possession of the County that is relevant to matters before
County of Frontenac Code of Conduct for Members of Council and Local Boards And Complaints Protocol
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the Council, or a committee. Otherwise, Members enjoy the same access rights to information as any other member of the community o r re s id en t of t he County and must follow the same processes as any private citizen to obtain such information. 8.4
A Member shall not misuse confidential information in any way or manner such that it may cause detriment to the County, Council or any other person, or for financial or other gain for themselves or others.
8.5
A Member shall respect the right to confidentiality and privacy of all clients, volunteers and staff, and should be aware of their responsibilities under applicable legislation, County policies, procedures and rules, ethical standards and, where appropriate, professional standards.
8.6
A Member shall not disclose any confidential information received by virtue of his or her office, even if the Member ceases to be a Member.
9.0
Discrimination and Harassment
9.1
A Member shall treat all members of the public, one another and staff with respect and without abuse, bullying or intimidation and ensure that their work environment is free from discrimination and harassment.
9.2
A Member shall not use indecent, abusive or insulting words, phrases or expressions toward any member of the public, another Member or staff. A Member shall not make comments or conduct themselves in any manner that is discriminatory to any individual based on the individual’s race, colour, ancestry, citizenship, ethnic origin, place of origin, creed or religion, gender, sexual orientation, marital status, family status, disability, age or record of offences for which a pardon has not been granted.
9.3
A Member shall comply with the County’s workplace harassment and violence policy.
10.0
Improper Use of Influence
10.1
A Member shall not use the influence of their office or appointment for any purpose other than the exercise of his or her official duties in the public interest.
10.2
A Member shall not use the status of their position to influence the decision of another person to the private advantage or non-pecuniary interest of themselves, their parents, children or grandchildren, spouse, or friends or associates, or for the purpose of creating a disadvantage to another person or for providing an advantage to themselves.
County of Frontenac Code of Conduct for Members of Council and Local Boards And Complaints Protocol
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11.0
Conflicts of Interest
11.1
A Member shall seek to avoid conflicts of interest, both pecuniary and nonpecuniary. A Member shall comply with the requirements of the Municipal Conflict of Interest Act with respect to obligations relating to pecuniary interests. A Member shall take proactive steps to mitigate any non-pecuniary conflicts of interest in order to maintain public confidence in the County and its elected officials.
11.2
Members are encouraged to seek guidance from the Integrity Commissioner when they become aware that they may have a conflict between their responsibilities to the public as a Member and any other interest, pecuniary or non-pecuniary.
12.0
Council Policies and Procedures
12.1
A Member shall observe and adhere to the policies, procedures and rules established from time to time by Council.
13.0
Election Activity
13.1
A Member is required to conduct themselves in accordance with the Municipal Elections Act, 1996 and any County policies pertaining to elections. The use of the County’s resources, both property and staff time, for any election-related activity is strictly prohibited. Election-related activity applies to the Member’s campaign and any other election campaigns for municipal, provincial or federal office.
14.0
Respect for the Code of Conduct
14.1
A Member shall respect the process for complaints made under the Code of Conduct or through any process for complaints adopted by the County. A Member shall not act in reprisal or threaten reprisal against a person who makes a complaint or provides information to the Integrity Commissioner during an investigation. A Member shall interact courteously and respectfully with the Integrity Commissioner and with any person acting under the direction of the Integrity Commissioner.
14.2
A Member shall cooperate with requests for information during any investigations or inquiries under the Code of Conduct. A Member shall not destroy or damage documents or erase electronic communications or refuse to respond to the Integrity Commissioner where a complaint has been filed under the Code of Conduct or any process for complaints adopted by the County.
County of Frontenac Code of Conduct for Members of Council and Local Boards And Complaints Protocol
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15.0
Penalties for Non-Compliance with the Code of Conduct
15.1
Where the Integrity Commissioner reports that there has been a violation of the Code of Conduct by a Member, Council delegates the authority to the Integrity Commissioner to impose the following penalties on the Member: (a)
a reprimand; or
(b)
a suspension of the remuneration paid to the Member in respect of his or her services as a Member for a period up to ninety (90) days.
15.2 The Integrity Commissioner may also require that the Member take any or all of the following corrective or remedial actions: (a)
provide a written or verbal apology;
(b)
return property or make reimbursement of its value or of money spent;
(c)
be removed from or not be appointed to the membership on a committee of Council;
(d)
be removed from or not be appointed as chair of a committee of Council; and
(e)
comply with any other remedial or corrective action or measure deemed appropriate by the Integrity Commissioner.
16.0
Legal Fees
16.1
A Member of Council is responsible for his or her own legal costs if he or she retains a lawyer or paralegal to provide counsel, advice or representation on any matter related to the Code of Conduct, including, but not limited to, an investigation and the imposition of penalties or remedial or corrective measures or actions by the Integrity Commissioner.
17.0
Complaint Protocol
17.1
The Complaint Protocol – Code of Conduct is Appendix “B” to the Code of Conduct.
County of Frontenac Code of Conduct for Members of Council and Local Boards And Complaints Protocol
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APPENDIX “A” DISCLOSURE STATEMENT FOR GIFTS OR BENEFITS Member’s Name: Gift Received or Nature of Benefit:
Received From: Date of Receipt:
Value or Estimate of Gift:
Please describe the circumstances under which the Gift or Benefit was received:
Please describe your intentions with respect to the Gift or Benefit:
Do you anticipate transferring the Gift or Benefit described above to the municipality? Yes, immediately
Yes, eventually
Member’s Signature
No Date
County of Frontenac Code of Conduct for Members of Council and Local Boards And Complaints Protocol
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Schedule B-4 – Advisory Committee to County Council Committee Name: Planning Advisory Committee (Added through By-law 2016-0020 passed June 15, 2016) (Amended by By-law 2016-0035 passed September 21, 2016) Establishment of the Committee (i) The County of Frontenac Planning Advisory Committee shall be comprised of seven (7) members appointed by County Council as follows:
three (3) member of the public; and
four (4) members of County Council, those being the Mayors of each Township.
(ii) The members of the County of Frontenac Planning Advisory Committee shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council; (iii) The County of Frontenac Planning Advisory Committee shall adhere to the County’s Procedural By-law No. 2013-0020 and any amendments thereto, specifically Section 26 – Committees for the conduct of all Meetings. TERMS OF REFERENCE (i)
Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within the context of the Values and Principles detailed, the Community Development Advisory Committee will be guided by the Vision Statement: Fifty years into the future, the County of Frontenac is one of the most progressive municipalities in terms of community based sustainability planning because priorities and beliefs are determined through community consultation and County-wide considerations are well thought through and incorporate the four pillars of sustainability. The vision, developed to ensure the ongoing appreciation and continued improvements to our social, cultural, economic and environmental systems, strongly defines the region.
Mandate/Terms of Reference: The Planning Advisory Committee is responsible for overseeing all regional development, planning, and the planning act implications of economic development within the County of Frontenac in accordance with the County’s Official Plan document. The Planning Advisory Committee shall:
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Be responsible directly to Council for those items emanating from the Planning & Economic Development Department.
Ensure co-ordination and consultation with other County Advisory Committees and departments where responsibilities overlap on planning matters and on issues relevant to the mandate of more than one Committee.
Subsequent to the approval of the budget, consider budget proposals and business plans for the Planning & Economic Development Department pertaining to items within the Advisory Committee mandate.
Consult with the City of Kingston Rural Affairs Advisory Committee on issues of joint interest and/or impact rural residents and businesses, or relating to items of interest for the agricultural and associated industries, and to issues with respect to rural affordable housing.
Receive reports from staff on items within the Committee’s mandate.
Receive public delegations on matters affecting general land use planning and economic development in the County of Frontenac and hold public meetings, as required by the Planning Act, with respect to plans of subdivision and condominium. All such public meetings would be held in the Township where a development proposal was located.
Review and recommend to Council revisions to the Planning Committee Terms of Reference, as required.
Recommend to Council, the County of Frontenac’s participation in federal or provincial cost-sharing programs for matters within the mandate of the Committee.
Monitor provincial and federal legislation that has an impact on planning matters.
Specific Responsibilities The Planning Committee shall: Planning 1.
Provide direction to staff for the implementation of the planning and development goals and policies as outlined in the County’s Official Plan document.
Make recommendations to Council with respect to County Official Plan matters.
Review and make recommendations to Council concerning other planning matters of the County, including regional studies affecting planning and/or economic development, special studies, sustainability issues, and planning policy matters.
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Encourage and support the ongoing County sustainability plan, Directions for Our Future.
Review and consider reports on the following matters that fall within the mandate of the Committee: 1.
Subdivision and condominium applications;
Extensions of draft plan approvals;
County and Township Official Plan amendments; and
County and Township Official Plan updates.
Make recommendations to Council on matters relating to Community Improvement Plans (CIPs) as a means to support and promote economic community development in the rural areas.
Receive advice from, and work with economic development stakeholders such as Community Development Advisory Committee, Community Futures Development Corporation, Land ‘O Lakes Tourism, Kingston Economic Development Corporation (KEDCO), and Township Economic Development Committees.
Composition of the Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Planning Advisory Committee: Three (3) Representatives from the Community: Phil Leonard Lisa Henderson Barbara Sproule [By-law 2018-0003] Four (4) members of County Council, those being the Mayors of each Township (or their designate): North Frontenac – Councillor Higgins Central Frontenac – Councillor Smith South Frontenac – Councillor Vandewal Frontenac Islands – Councillor Doyle
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Minutes of the Planning Advisory Committee Meeting April 9, 2018 A meeting of the Planning Advisory Committee was held in the Bud Clayton Memorial Room, County Administrative Office, 2069 Battersea Road, Glenburnie on Monday, April 9, 2018 at 10:00 a.m. Present: Councillor Smith, Chair Councillor Vandewal, Vice-Chair Warden Higgins Deputy Warden Doyle Phil Leonard Jim McIntosh Barbara Sproule Staff Present: Kelly Pender, Chief Administrative Officer Jannette Amini, Manager of Legislative Services/Clerk (Recording Secretary) Megan Rueckwald, Community Planner Joe Gallivan, Director of Planning and Economic Development 1.
Call to Order
The Chair called the meeting to order at 10:00 a.m. 2.
Adoption of the Agenda
Moved By: Seconded By:
Warden Higgins Mr. Leonard
That the agenda for the April 9, 2018 meeting of the Planning Advisory Committee be adopted. Carried 3.
Disclosure of Pecuniary Interest and General Nature Thereof
There were none.
Minutes of Meeting held April 9, 2018
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AGENDA ITEM #a)
Adoption of Minutes a)
Minutes of Meeting held February 12, 2018
Moved By: Seconded By:
Ms. Sproule Mr. McIntosh
That the minutes of the Planning Advisory Committee meeting held February 12, 2018 be adopted. Carried 5.
Deputations and/or Presentations
Briefings a)
Mr. Joe Gallivan, Director of Planning and Economic Development provided the Planning Advisory Committee with his regular Directors briefing. Mr. Gallivan paid particular attention to the recent Ontario Municipal Board decision regarding Brougham v. South Frontenac OMB Case: PL 160674, that focused on Non-Conforming Use vs. Non-Complying Structure and the implications that this may have to Frontenac County and all of cottage country. There was some discussion around the wording that the Township used in its By-law did not appear to ensure that the property owner retained the right to re-build on a previously developed lot. There was also concerns expressed on the pressures that this will place on Committees of Adjustment to ensure what can and cannot be allowed. With respect to the expansion of Highway 7 to 4 lanes, it was suggested that staff speak to Renfrew County planning staff and elected officials regarding the exercise that it went through with a similar expansion of Highway 17.
b)
Ms. Megan Rueckwald, Community Planner, provided the Planning Advisory Committee with a briefing on the new Local Planning Appeal Tribunal resulting from the Building Better Communities and Conserving Watersheds Act, 2017 (Bill 139). It was questioned if the County has the ability to set up its own appeal board which in theory could be an excellent resource although it would be difficult to set up such a process. The key focus here is that municipalities have their policies in place or decisions will default to the Provincial Policy Statement. There was discussion on the conformity/consistency test and the implications for Frontenac County.
Planning Advisory Committee Meeting Minutes April 9, 2018
Minutes of Meeting held April 9, 2018
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AGENDA ITEM #a)
Deputy Warden Doyle exited the meeting at 11:25 p.m. 7.
Reports to the Planning Advisory Committee a)
2018-046 Planning Advisory Committee Amendment Number 5 to the Township of Frontenac Islands Official Plan to re-designate lands legally described as Part Lot 16, South Range known municipally as 1729-1739 Howe Island Drive, Howe Island from Agriculture to Rural (St. Philomena Roman Catholic Church) – Frontenac Islands By-Law No. 05-2018
Moved By: Seconded By:
Warden Higgins Mr. Leonard
Whereas the Council of the County of Frontenac considered all written and oral submissions received on this application, the effect of which helped Council to make an informed decision; Be It Resolved That the Council of the County of Frontenac approve Frontenac Islands Official Plan Amendment No. 5 to the Township of Frontenac Islands Official Plan, as contained in By-Law No. 05-2018 attached to this report as Appendix A. Carried It was questioned if the actual cemetery designation also needs to be changed as there are a lot of restrictions in the Cemeteries Act as to what can and cannot be done with cemeteries. b)
2018-047 Planning Advisory Committee Application for Proposed Plan of Vacant Land Condominium 10CD2018-001 Set Date for Public Meeting and Site Visit
Moved By: Seconded By:
Mr. McIntosh Mr. Leonard
Be It Resolved that the Planning Advisory Committee confirm the date to receive comments from the public on the proposed plan of vacant land condominium as noted in the report; And Further That Councillor Vandewal, Warden Higgins and Jim McIntosh be permitted to attend a site visit as required under the County of Frontenac’s Site Visit Policy to be completed prior to the public meeting. Carried A discussion arose around access to the site and the private road policies which will be addressed in the report going to the Public Meeting.
Planning Advisory Committee Meeting Minutes April 9, 2018
Minutes of Meeting held April 9, 2018
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AGENDA ITEM #a)
Communications
Other Business
Councillor Vandewal noted a recent seminar he attended where participants learned that with respect to public opposition against development, a recent survey that was carried out regarding the Capital Condo Development in downtown Kingston resulted in 74% of respondents saying to build it and only 13% saying there should be no development. This shows that only 10% of citizens oppose development. 10.
Next Meeting a)
The next regular meeting of the Planning Advisory Committee is scheduled for Monday, June 11, 2018 at 10:00 a.m. at the County Administrative Building. There will be a Planning Advisory Committee Pubic meeting on Wednesday, May 9, 2018 at 6:00 p.m. in the Township of South Frontenac Council Chamber to receive public comments on the an application for Proposed Plan of Vacant Land Condominium, File 10CD-2018-001
Adjournment
Moved By: Seconded By:
Mr. Leonard Councillor Higgins
That the meeting hereby adjourn at 11:56 a.m. Carried
Planning Advisory Committee Meeting Minutes April 9, 2018
Minutes of Meeting held April 9, 2018
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AGENDA ITEM #b)
Minutes of the Planning Advisory Committee Meeting May 9, 2018 A meeting of the Planning Advisory Committee was held at the Township of South Frontenac Council Chamber, 4432 George Street, Sydenham, on Wednesday, May 9, 2018 at 6:00 p.m. Present: Councillor Smith, Chair Councillor Vandewal, Vice-Chair Deputy Warden Doyle Phil Leonard Barbara Sproule Regrets Warden Higgins Jim McIntosh Staff Present: Jannette Amini, Manager of Legislative Services/Clerk (Recording Secretary) Megan Rueckwald, Community Planner Joe Gallivan, Director of Planning and Economic Development 1.
Call to Order
The Chair called the meeting to order at 6:00 p.m. 2.
Disclosure of Pecuniary Interest and General Nature Thereof
There were none. 3.
Public Meeting Reports to the Planning Advisory Committee Public Meeting Introduction
Notice of Collection – Personal information collected as a result of this public meeting and on the forms provided at the back of the room is collected under the authority of the Planning Act and will be used to assist in making a decision on these matters. All names, addresses, opinions and comments may be collected and may form part of the
Minutes of Public Meeting held May 9, 2018
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AGENDA ITEM #b)
minutes which will be available to the public. Questions regarding this collection should be forwarded to Jannette Amini, Manager of Legislative Services/Clerk. The purpose of public meetings is to present planning applications in a public forum as required by The Planning Act. Following presentations by the applicant, the meeting will then be opened to the public for comments and questions. Interested persons are requested to give their name and address for recording in the minutes. There is also a sign in sheet for interested members of the public at the back of the room. No decisions are made at public meetings concerning applications, unless otherwise noted. The public meeting is held to gather public opinion. Public meeting reports are provided to inform the public of all relevant information. Information gathered is then referred back to Planning Staff for the preparation of a comprehensive report and recommendation to the Planning Advisory Committee to approve (with conditions) or to deny the application. The Committee then makes a recommendation on the applications to County Council. County Council is the approval authority for all applications for Plans of Subdivision and Plans of Condominium. Following Council’s decision notice will be circulated in accordance with the Planning Act, and anyone with an interest in the matter may file an appeal. Interested persons are advised that if a person or public body does not make oral submissions at a public meeting or make written submissions before the application is approved, the person or public body is not entitled to appeal the decision of Council to the Local Planning Appeal Tribunal, unless, in the opinion of the Tribunal, there are reasonable grounds to do so. a)
2018-074 Planning Advisory Committee Public Meeting Report Proposed Plan of Vacant Land Condominium 10CD-2018-001 (Pine Point)
Councillor Smith explained the purpose of the public meeting. Ms. Jannette Amini, Manager of Legislative Services/Clerk, announced that pursuant to the requirements of the Planning Act, notices were sent by mail to all property owners (according to the latest Assessment Rolls) within 120 metres of the subject property (and abutting lands under the same ownership) and those who requested to be notified. A courtesy notice was also placed on the County of Frontenac Website as well as on the Township of South Frontenac Website and was publicized through the County’s Social Media outlets. The required signage has been placed at a publically accessible location. Councillor Smith reviewed the procedure for the public meeting and read the rights and obligations given to the Committee members and members of the public during public meetings.
Planning Advisory Committee Meeting Minutes May 9, 2018
Minutes of Public Meeting held May 9, 2018
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AGENDA ITEM #b)
Ms. Megan Rueckwald, Community Planner, provided an overview of the proposed application for Plan of Vacant Land Condominium. A copy of the presentation is attached to the record in the Clerk’s Office. Mr. Youko Leclerc, Fotenn Consulting, representing the applicant, Magenta Waterfront Development Corp and 1327489 Ontario Inc, provided a PowerPoint presentation outlining the application, a copy of which is attached to the record in the Clerk’s Office. Councillor Smith asked that any person who wishes to receive notice of the passing of the proposed application for Plan of Condominium, should give their full name, address and postal code to the Clerk prior to leaving the meeting. Councillor Smith provided members of the public with an opportunity to provide comment. Councillor Vandewal asked for clarification regarding Unit 1 as to whether there were any conditions on the lot that would provide water access, as the lot has a very steep slope, to which Mr. Leclerc confirmed that there is a means of getting to the water without crossing through another lot. No members of the public spoke to the application. 4.
Communications
Next Meeting a)
The next regular meeting of the Planning Advisory Committee is scheduled for Monday, June 11, 2018 at 10:00 a.m. at the County Administrative Building. Adjournment
Moved By: Seconded By:
Councillor Doyle Mr. Leonard
That the meeting hereby adjourn at 6:26 p.m. Carried
Planning Advisory Committee Meeting Minutes May 9, 2018
Minutes of Public Meeting held May 9, 2018
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Frontenac County – Planning Advisory Committee May 6, 2019 (Darwyn Sproule – as a NF Twp resident and business owner) 1
AGENDA ITEM #a)
Mr. Darwyn Sproule will provide a deputation to the Committee regarding …Page 45 of 134
North Frontenac Citizen ANSI Concerns
• Discovered two new ANSIs during review of NF draft zoning By-law • Palmerston Lake – 4000+ acres with 2500+ acres of private land • Plevna Cedar Swamp – 300+ acres all private land • Unprecedented impact on private lands by ANSIs in NF • Have yet to find a property owner aware of the creation of these ANSIs • Then found ANSIs is County OP and Township OP • DARN! • (not an ANSI lesson – no time) 2
AGENDA ITEM #a)
Mr. Darwyn Sproule will provide a deputation to the Committee regarding …Page 46 of 134
Background:
• Township OP – ANSIs not mentioned in text, ANSI type or classification not identified, missing an approved provincial ANSI … • County OP – based on Natural Heritage Study from 2012, two public meetings (none in NF), advisory committee heavy with ‘environmental’ representation … were implications understood locally at the time? • ANSI boundaries do not reflect existing uses ie Hamlet and licensed active gravel pit. MNRF document states that additional field work is required • County protective measures for ANSIs exceed regulatory requirements, protecting regional ANSIs to the same level as provincial ANSIs, why?, there are three ANSI classifications for a reason? 3
AGENDA ITEM #a)
Mr. Darwyn Sproule will provide a deputation to the Committee regarding …Page 47 of 134
Concerns:
• Uses other than ‘existing and accessory buildings’ require an Environmental Impact Assessment • County introduces a new ‘wildlife corridor’ application for ANSIs that exceed the original ANSI protective measures and will complicate and expand Environmental Impact Assessments. • County OP eliminates ability for any of you (Townships) to make planning decisions related to regional ANSIs.
4
AGENDA ITEM #a)
Mr. Darwyn Sproule will provide a deputation to the Committee regarding …Page 48 of 134
Concerns (continued)
• MNRF identify, study, recommend and administer the process to ‘confirm’ ANSIs (provincial, regional, local or candidate ANSIs) • Confirmation process requires notice, contact and consultation with impacted private property owners • Family owned property since 1930s and I have owned it since 1970s …. never contacted …. others not contacted either • No studies provided No final reports provided • No consultation No documentation • No evidence that MNRF followed their own ‘confirmation’ process 5
AGENDA ITEM #a)
Mr. Darwyn Sproule will provide a deputation to the Committee regarding …Page 49 of 134
Most Significant Factor ….
• MNRF admitted one error recently - changed a provincial ANSI to regional • Lots and Lots of excuses ie Madawaska Highlands Land Use Plan … • In our opinion - over the last six (6) months – focus has been on finding some option or means to salvage the current ‘regional’ classification • RATHER THAN pressuring MNRF for documentation to confirm ANSIs were properly created • There are other examples of MNRF mapping errors – ie Windsor wetland designation, OP wording in a northern municipality etc 6
AGENDA ITEM #a)
Mr. Darwyn Sproule will provide a deputation to the Committee regarding …Page 50 of 134
Most Significant Factor (continued)
• ANSI issue impacting zoning By-law approval • Do not compromise the proper solution due to the desired schedule • If an OP amendment is required, let the public decide during the process and do not second guess the outcome • PROPERTY OWNERS SHOULD NOT HAVE TO PROVE THE ANSIs WERE IMPROPERLY CREATED —- MNRF SHOULD HAVE TO PROVE THEY WERE! • We are preparing to take our concerns regarding MNRF’s failure to follow the ANSI ‘confirmation’ process to the Ombudsman 7
AGENDA ITEM #a)
Mr. Darwyn Sproule will provide a deputation to the Committee regarding …Page 51 of 134
Current Status
• Supplement the Township’s efforts and inform MNRF of this serious issue, related concerns and the significant direct impact on the County and Township’s planning process • Give MNRF a deadline to demonstrate compliance with the ANSI confirmation process OR otherwise insist that MNRF senior management update the ANSI classifications to ‘candidate’ status • If none of the above work – review options – ie revise the County OP to only protect Regional ANSIs on crown land, not private land! The County has this latitude. • Suspect we will also be asking the Township to formally request this County amendment. Thank you for your time and for considering this item on such short notice.
8
AGENDA ITEM #a)
Mr. Darwyn Sproule will provide a deputation to the Committee regarding …Page 52 of 134
Asking the County to …
Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Director Briefing Planning Advisory Committee May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Welcome to Frontenac Alyssa Alexander!
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Ongoing Work – County • Frontenac County Population and Employment Projections, 2019-2049 – initiated • Communal Servicing Study – delivered to County Council June 19th • Active Transportation Plan – delivered to County Council in July • Reviewing Plan of Subdivision/Condominium applications and updating process • Website Update
Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019 Ongoing Work – Townships • Central Frontenac Official Plan update – 2nd draft June • Marysville Secondary Plan – RFP to Township Council in May • North Frontenac Zoning By-law Review • Land Use Planning Appeal Tribunal (LPAT) – hearing date set for June 24th – Central Frontenac – minor variance appeal AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019 Township Planning Activity (February – April) 8 3
7
7
6 2
5 4 3 2 1 0
0
North Frontenac
Central Frontenac
Committee of Adjustment
Frontenac Islands
Township Council
AGENDA ITEM #a)
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0
Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Township Planning Activity – May • Central Frontenac – 12 complete applications (awaiting comments or recently submitted) • Frontenac Islands – 1 complete application, 4 anticipated in coming week • North Frontenac – 5 complete applications (3 ongoing with multiple amendments), 1 anticipated in coming week • Spring “thaw” has seen increased pre-consultation activity • Increase in commercial related inquiries • More complex files (septic system location, waterfront)
Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019 Central Frontenac Official Plan 2nd draft • • • •
Special Council meeting in June – draft released Open Houses this Summer Online engagement tool Key Issues: Highway 7 future design Sharbot Lake – Regional Hub Waterfront protection Small scale farming and on-site diversified uses Trailers
AGENDA ITEM #a)
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• • • • •
Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019 “Sharbot Lake Regional Hub” Concept •
Highway 7 Parkway Design •
•
Future VIA Passenger Rail Line •
•
•
Support concept, support Sharbot Lake train stop
K&P Trail / Trans Canada Trail •
•
Walkable, stop light, multi-modal
Sharbot Lake = regional trails hub
Main Street support Future Servicing of the Village Communal services
AGENDA ITEM #a)
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•
Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019 Communal Servicing Study • •
Final Draft Completed Technical Advisory Committee •
•
Consultation with Developers •
•
Meeting May 8th (morning) Meeting May 8th (afternoon)
County Council Delivery – June 19th AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Planning Advisory Committee Planning Briefing – May 6th, 2019
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Regional Roads
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
County Official Plan – Section 4.1 “Frontenac County i s s erv ed by an extens i ve road netw ork that i ncl udes muni ci pal roads t hat serve both a loc al and regi onal purpose as w ell as Provi nci al Hi ghw ays 7 and 41 w hic h travel ac ros s the upper porti on of t he C ounty.”
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“Fol l owi ng munic i pal amal gamat ion in 1998, more than 400 ki lo metres (250 mi l es) of Provinc i al Hi ghw ays and Count y R oads w ere dow nloaded to the four F rontenac Tow nshi ps. As a resul t, i t i s the respons i bili ty of eac h Towns hip to carry the fi nanc ial c ost of maintai ni ng an d repai ri ng t hese roads , i ncl uding thos e roads whi c h handl e regi onal traffic whi c h were n ever des i gned for loc al traffic .”
Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
County Official Plan – Section 4.1 “The goal of recogni zi ng a Count y-w ide road network i s t o s upport the l ong-term viabi l i ty of a regi onal roa d s ystem to ens ure ac c ess throughout the Frontenac s and connec ti ons to the s urroundi ng regi on”. “(R egional )roa ds … are rec ogni zed as having regional i mportance in movin g peopl e and goods wi thi n and outs ide the Count y. It is recogni zed that these roads are ow ned and ma intai ned by eac h of the four loc al Towns hips . It i s the int entio n of C ounty Counc il to recogni z e that this road s ys tem is an es sent ial part of the in fras tructure that supports the C ounty”. AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
County Official Plan – Section 4.1 “The County supports a cross-jurisdictional collaborative approach to managing and maintaining these regional roads , and to develop a transportation system that will encourage unity within the County and will satisfy local municipal transportation demands”. “The County will investigate and support all senior government programs that will provide financial investment in the regional transportation infrastructure.” AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
County Official Plan – Section 4.1 “The County supports a cross-jurisdictional collaborative approach to managing and maintaining these regional roads , and to develop a transportation system that will encourage unity within the County and will satisfy local municipal transportation demands”. “The County will investigate and support all senior government programs that will provide financial investment in the regional transportation infrastructure.” AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Grant $/Lane km (2015-17) $3,000
$2,717
$2,847 $2,589
$2,500
$2,274
$2,000
$1,483
$1,500
$1,000
$500
UCL&G
Lanark
Frontenac
L&A
Hastings
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$-
Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
• Grants per lane KM, Frontenac received: $1,364 less/KM than Hastings $1,234 less/KM than UCL&G $1,106 less/KM than Lanark $791 less/KM than L&A • Only 54% of Frontenac Roads are rated Good+ (L&A = 85%) AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Road Exp. as a Pct of Total Budget (2017) 30%
28%
26%
25%
25%
22% 20%
15%
13%
10%
5%
UCL&G
Lanark
Frontenac
L&A
Hastings
AGENDA ITEM #a)
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0%
Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Joint Council Meeting - April 17th, 2019 • “While good work is being completed by our municipalities, it is clear that Frontenac roads fall short on a number of different metrics compared to our regional comparators” • “Our resources are stretched and our grants are low”
• “The establishment of regional roads systems could assist with improving access to funding and coordination of contractors and supplier.” AGENDA ITEM #a)
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Link: County of Frontenac April 17th Council Meeting Agenda
Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
Leeds and Grenville Example – Funding Request “County Road 43 Expansion – Joint Project”
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
April 25 th L&G County Council Meeting • County/Township joint application to Investing in Canada Infrastructure Program. • Expansion of Highway 43 near Kemptville. • “The expansion of this section of roadway is imperative to continued growth of the area, its economic sustainability, and for health and safety purposes”. AGENDA ITEM #a)
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April 25 th L&G County Council Meeting • “That the Uni ted C ounti es of Lee ds and Grenvi l l e s ubmi t a j oin t appl i cati on for $9,999,924 for the Coun ty 43 Expans ion – J oint Projec t”. • “That the County, as lead appli c ant, su bmi t the appl ic ation on behal f of the County and the Muni c ipal ity of North Grenvi l le as a j oi nt appl ic ation”. • Maxi mum of $5 mi ll i on proj ect cos ts for Muni c ipal ity – J oint appl i catio n all ows bo th Coun ty and Towns hi p to ac ces s fun ding.
AGENDA ITEM #a)
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Mr. Joe Gallivan , Director of Planning and Economic Development will pr…
April 25 th L&G Cou nty C ounci l Meeti ng • J oint Submi ss ion al l ows : • $5 mi ll i on f ederal c ontri buti on ; • $3.3 mi l li on Provi nci al cont ri bution; • $1.67 mil l ion County/Towns hip contri bution • •
83% i nves tment from upper l evel governments Addi ti onal $4.1 5 mi ll i on i nves tment f ederal / provinc i al i nves tment po ss ibl e due toCount y i nvolvement AGENDA ITEM #a)
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County Planning Webpage - Updates
AGENDA ITEM #a)
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Questions ?
AGENDA ITEM #a)
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Report 2019-048
Information Report To:
Chair and Members of the Planning Advisory Committee
From:
Megan Rueckwald, Manager of Community Planning
Prepared by:
Megan Rueckwald, Manager of Community Planning
Date of meeting:
May 6, 2019
Re:
Planning Advisory Committee – Status of Plans of Subdivision and Condominium in Frontenac County
Recommendation This report is for information purposes only. Background This report outlines at a high level the current plans of subdivision and condominium that are currently active across the County of Frontenac. This report is intended to provide an update for new Planning Advisory Committee members as to the current status of these files and process for development approval. The County of Frontenac is the approval authority for plans of subdivision and condominium across the County. Plans of subdivision or condominium are required when the proposed development requires a comprehensive approach and it is determined that a consent application is not the correct manner to proceed; policy direction for subdividing land is found within the Provincial Policy Statement (2014) and the County and Township Official Plans. Applications are submitted to the County of Frontenac and once deemed complete are circulated to the required agencies for comments and conditions for draft approval and then brought to the Planning Advisory Committee with a recommendation from County planning staff. The status of plans of subdivision and condominium generally fall into one of four categories: Pre-application: In the pre-application stage time is spent with the applicant providing feedback on the proposal, determine study requirements, reviewing draft studies and liaising with the consultants. The County coordinates a minimum of one formal preconsultation meeting with the commenting agencies in attendance (e.g. Township, conservation authority, KFL&A Public Health, etc.) and require that the County peer review hydrogeologist attend the site with the proponent’s hydrogeologist. Complete Application (Application Review): During the complete application stage, the application is under review. The plan is circulated to all required agencies and the
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AGENDA ITEM #a)
public in accordance with the Planning Act and the required public meeting is held by the Planning Advisory Committee. The County receives recommended conditions from each of the commenting agencies and considers all oral and written comments received by the public. A recommendation report is prepared by County planning staff for the Planning Advisory Committee and forwarded with a recommendation to County Council. Under the Planning Act, the County has 180 days to make a decision on the file; following this time period the developer may appeal a non-decision. Draft Approval: Having considered the application and all comments received, County Council may either draft approve or refuse the plan of subdivision or condominium proposal. The Clerk issues a Notice of Decision reflecting the Council decision and the 20 day appeal period to the Local Planning Appeal Tribunal commences. If no appeals are received, the applicant must satisfy each of the conditions of draft approval. The Township prepares a subdivision/condominium agreement which is required to be entered into by both the owner and the Township. Conditions of draft approval may require the developer to undertake additional studies or apply to the Township for a zoning bylaw amendment. The County typically provides the developer with 3 years to complete draft approval. Under the Planning Act, the owner has the right to apply to the County for an extension of draft plan approval. Final Approval: One the County has received clearance letters from the required letters advising that the conditions of draft approval have been met to their satisfaction, the County issues final approval. The Director of Planning and Economic Development has delegated authority under By-law No. 2016-0006 being a bylaw to establish a Delegation of Authority Policy to authorize the delegation of certain powers and duties under the Municipal Act, the Planning Act and other Acts. Provisions within Bylaw No. 2016-0006 outline circumstances when final approval may be a Council decision. Following the issuance of final approval, the Township and commenting agencies play an active role in ensuring that the proposed development meets legislated requirements and is in compliance with the subdivision or condominium agreement. Attachment 1 of this report outlines the location and status of each subdivision or condominium file across the County. Attachments 2-4, show the status of each development by Township (please note there are no active files within the Township of Central Frontenac). Status of Plans of Subdivision and Condominium in Frontenac County Pre-Application
- Sunbury (Campbell Development) – Storrington District, Sunbury, South Frontenac
- 24 lots proposed along a proposed Township maintained road
- Multiple pre-consultation meetings have occurred over the past 5 years
- County hydrogeologist has attended the site, well testing is underway
- No formal application has been submitted
- Nokomis Lodge – Howe Island, Frontenac Islands
- 4 lots proposed along private lane
- Multiple pre-consultation meetings have occurred over the past 5 years
- Incomplete application submitted Information Planning Advisory Committee Report Status of Plans of Subdivision and Condominium in Frontenac County May 6, 2019
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Complete Application (Application Review)
- 10CD-2016/001 (Shield Shores, Campbell) – Wellington Street, Battersea, South Frontenac
- 18 units proposed with common elements condominium roads, communal docking, and park space
- Public meeting held by Township and second meeting held by Planning Advisory Committee in 2017
- Proposed conditions of draft approval submitted by Township, Rideau Waterway Development Review Team and KFL&A Public Health
- County staff preparing recommend report for Planning Advisory Committee
- 10CD-2012/001 (Ardoch Lake) – Ardoch Lake, North Frontenac
- Application re-circulated to commenting agencies with a decrease in the number of waterfront units being proposed
- Outstanding environmental work to be completed in Spring 2019
- Planning Advisory Committee held public meeting in Summer 2017
- 10T-2015-001 (Collins Lake) – Lakefield Drive, South Frontenac
- 51 lots proposed along proposed road network
- Hydrogeological peer review did not support the approval of the application based on private water supply
- Applicant in the process of amending the hydrogeological study and met with Township staff in May 2019
- 10CD-2018/001 (Pine Point) – Pine Point Lane, Carrying Place Road, South Frontenac
- 4 units proposed with common elements road
- Public meeting held by the County Planning Advisory committee in 2018
- Outstanding commenting agency requirements prior to the County receiving proposed conditions of draft approval Draft Approval
- 10T-2011/002 (Oullette) – Storrington District, Battersea, South Frontenac
- 15 lots proposed with approved zoning
- Draft plan extension granted in 2018 (lapses on July 17, 2019)
- Property is currently up for sale
- 10CD-2012/002 (Cranberry Cove) – Carrying Place Road, South Frontenac
- 13 units proposed on private lane
- Draft plan will lapse on July 16, 2019
- 10T-2013/002 (Hartington) – Hartington, South Frontenac
- 13 lots proposed
- Local Planning Appeal Tribunal decision dated November 15, 2018 issued conditions of draft approval and zoning for the proposed development
- 10CD-2014/002 (Johnston Point) – North Shore Road, South Frontenac
- 15 units proposed along common elements road Information Planning Advisory Committee Report Status of Plans of Subdivision and Condominium in Frontenac County May 6, 2019
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Settlement hearing held on April 4, 2016 – Ontario Municipal Board orders that plan of condominium and zoning be approved with conditions Benefit Permit issued by the Ministry of Natural Resources and Forestry Draft plan approval set to lapse on June 28, 2019
- 10T-2017/001 (McFadden) – McFadden Road, South Frontenac
- 5 lots proposed along Township maintained road
- Developer nearing completion of fulfilling conditions; County awaiting receipt of clearance letters from required agencies Comment Approval through plans of subdivision or condominium ensure that the land is suitable for the proposed new use or intensity of development, that the proposal conforms to the official plans and zoning as well as to Provincial legislation and policies, and ensure that the community is protected from developments which are inappropriate or may put an undue strain on community facilities, services or finances. These developments require the submission of studies and are a more comprehensive process compared to consent applications (severances). Planning staff are working to identify efficiencies in the planning process to ensure that these comprehensive developments are proposed in a timely manner and that applicants are aware of the process and expectations. As such, the County is in the process of updating guidance documents and the planning webpage on the County website. Due to the complex nature of these files, the County is reviewing staffing capacity to ensure that suitable capacity exists to meet legislated timeframes. Sustainability Implications One of the key focus areas of Directions for Our Future, the County’s Sustainability Plan, is Land Use Planning and Management. From a sustainability perspective, this involves an approach that ensures a clean and healthy environment, a strong economy, and long term viability. Plans of subdivision and condominium represent a comprehensive form of development resulting in sustainable community growth; it is important that County staff have adequate resources to process these files and ensure transparency with the public. Directions for Our Future identifies transparency within good governance; this information report serves as a document that the public can review to understand where development is proposed or draft approved across the County. Financial Implications There are no direct financial implications to the County of Frontenac. Organizations, Departments and Individuals Consulted and/or Affected Township Planning Staff
Information Planning Advisory Committee Report Status of Plans of Subdivision and Condominium in Frontenac County May 6, 2019
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AGENDA ITEM #a) Active Subdivisions and Condos
± NORTH FRONTENAC
Ardoch Lake
CENTRAL FRONTENAC
SOUTH FRONTENAC
Hartington
McFadden Road
Sunbury (Campbell) Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Collins Lake
Johnston Point Shield Shores Cranberry Cove
Pine Point
Oullette
Nokomis
Status
Complete
Draft Approval
Pre-Application 0
5
10
FRONTENAC ISLANDS
20
Kilometers Data Source: OGDE, ESRI & The County of Frontenac. Created: March 28th, 2017 Reference: Produced by the County of Frontenac with data supplied under license by members of the Ontario Geospatial Data Exchange. The County of Frontenac disclaims all responsibility for errors, omissions or inaccuracies in this publication.
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AGENDA ITEM #a) Active Subdivisions and Condos
Frontenac Islands
±
Service Layer Credits: Sources: Esri, HERE,
Nokomis Garmin, Intermap, increment P Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Status
Complete
Draft Approval
Pre-Application 0
0.75
1.5
3
Kilometers Data Source: OGDE, ESRI & The County of Frontenac. Created: March 28th, 2017 Reference: Produced by the County of Frontenac with data supplied under license by members of the Ontario Geospatial Data Exchange. The County of Frontenac disclaims all responsibility for errors, omissions or inaccuracies in this publication.
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AGENDA ITEM #a) Active Subdivisions and Condos
South Frontenac
±
Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
McFadden Road
Cranberry cove
Shield Shores Hartington
Johnston Point
Status
Draft Approval
Collins Lake
Pre-Application 2.25
4.5
Pine Point
Sunbury (Campbell)
Complete
0
Oullette
9
Kilometers Data Source: OGDE, ESRI & The County of Frontenac. Created: March 28th, 2017 Reference: Produced by the County of Frontenac with data supplied under license by members of the Ontario Geospatial Data Exchange. The County of Frontenac disclaims all responsibility for errors, omissions or inaccuracies in this publication.
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AGENDA ITEM #a) Active Subdivisions and Condos
North Frontenac
±
Ardoch Lake
Status
Complete
Draft Approval
Pre-Application 0
2.25
4.5
9
Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Kilometers Data Source: OGDE, ESRI & The County of Frontenac. Created: March 28th, 2017 Reference: Produced by the County of Frontenac with data supplied under license by members of the Ontario Geospatial Data Exchange. The County of Frontenac disclaims all responsibility for errors, omissions or inaccuracies in this publication.
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AGENDA ITEM #b)
Report 2019-049 Committee Recommend Report To:
Chair and Members of the Planning Advisory Committee
From:
Megan Rueckwald, Manager of Community Planning
Date of meeting: May 06, 2019 Re:
Planning Advisory Committee – Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores)
Recommendation Whereas an application has been filed with the County of Frontenac for a Draft Plan of Vacant Land Condominium located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac; And Whereas the Planning Advisory Committee and the Council of the County of Frontenac considered all written and oral submissions received on this application, the effect of which helped the Council of the County of Frontenac make an informed decision; And Whereas the application is consistent with the Provincial Policy Statement (2014), conforms to the Frontenac County Official Plan, Township of South Frontenac Official Plan, will comply with the Township of South Frontenac Zoning By-law, and has been reviewed in accordance with the criteria of Section 51 (24) of the Planning Act. Therefore Be It Resolved That the Planning Advisory Committee receive the Planning Advisory Committee – Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) report; And Further That the Council of the County of Frontenac approve the proposed 10CD2016/001 vacant land condominium development, including Draft Conditions of Approval attached to this report as Appendix A. Background In February, 2016 a Plan of Vacant Land Condominium was submitted by Fotenn Consultants Inc. on behalf of Barry Campbell with respect to lands legally described as
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AGENDA ITEM #b)
Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac. The Draft Plan of Vacant Land Condominium showing the proposed development submitted with the application (updated December 10, 2018) is attached to this report as Attachment 1 and Attachment 2 is an aerial image of the lands. The applicant is proposing to develop a Vacant Land Condominium containing 18 units on which single-detached dwellings are proposed to be constructed that will front on, and be accessed by, common element private roads. The residential units will range in area from 1.01 hectares to 2.09 hectares, with road frontage ranging from 46 metres to 184 metres. Six of the units will have frontage on Dog Lake, which is part of the Rideau Canal Historic Site and UNESCO World Heritage Site. The waterfrontage of the six units along Dog Lake range from 91 metres to 157 metres. Access will be provided from Wellington Street to the south with a primary road that ends in a cul-de-sac. A secondary road will extend as a crescent from the primary road and will provide access to six of the proposed units. Attachment 1 to this report is the Draft Plan of Vacant Land Condominium dated December 10, 2018. The County of Frontenac deemed the application complete on March 3, 2016 pursuant to the requirements of the Planning Act. The application was then circulated to the relevant commenting agencies and comments received thereafter. The Township of South Frontenac held a public meeting pursuant to the Planning Act on April 19, 2016 to receive comments on the proposed development and concurrently submitted zoning bylaw amendment. The County’s Planning Advisory Committee held a subsequent meeting on June 28, 2017. Concerns from the public were raised at these meetings surrounding the impact the proposed development may have on the water quality of Dog Lake. The application has been reviewed by the Rideau Waterway Development Review Team to ensure consistency with Section 2.0 Wise Use and Management of Resources including Section 2.1 Natural Heritage and Section 2.2 Water Quality. The County has now received recommended conditions of draft approval from each of the required commenting agencies. As such, the purpose of this report is to recommend a set of appropriate draft approval conditions to be approved by County Council. Application The completed application was submitted to the County of Frontenac on February 29, 2016 and deemed complete March 3, 2016. Through the technical review process, a number of iterations to the draft plan were proposed; the draft plan for vacant land condominium before Council is dated December 10, 2018. The following studies and corresponding addendums have been received by the County:
Fotenn Consultants Inc, Planning Report, Shield Shores Residential Development, February 25, 2016;
Ecological Services, Environmental Impact Statement for Campbell Property, January 10, 2016, technical addendum August 24, 2016;
Recommend Report to Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) May 6, 2019 Page 2 of 12
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Ecological Services, Gray Ratsnake Surveys, June 1, 2016
BluMetric Environmental, Hydrogeological Assessment and Terrain Analysis for Proposed Development of Con 9, Part Lots 15, 16 and 17, Dog Lake Township of South Frontenac, February 2016, technical response August 8, 2016;
Josselyn Engineering Inc, Traffic Impact Assessment Report, Shield Shores Condominium, November 25, 2016, updated August 22, 2017
Josselyn Engineering Inc. Analysis of Stormwater Management Requirements for Dog Lake Subdivision, February 4, 2016 and Analysis of Stormwater Management Requirements dated May 1, 2017
Adams Heritage, Archaeological Assessment (Stages 1 & 2), Dog Lake Ridge, May 12, 2015
Proposed Development The subject land is approximately 32 hectares (79 acres) in area with approximately 160 metres (525 feet) of frontage along Wellington St and is located 1 km east of the settlement area of Battersea. The lands are located along the western shores of Dog Lake and located in a predominately rural area within the Township. Existing uses to the west, north and south include a mixture of agricultural, rural residential and developed waterfront properties. The site surrounds two existing developed waterfront residential lots that use the existing laneway for access. The Rideau Waterway Development Review Team (RWDRT) describe the property as a mix of heavily wooded upland area and lower-lying area. The RWDRT identified four watercourses crossing through the property and noted that these feature generally convey drainage in a southeasterly direction, eventually flowing into Dog Lake. The proposal involves the creation of a vacant land condominium development consisting of 18 residential units which are accessed from the two private lanes (Block 23 and 24 access from Wellington St.). In addition to the roads, 4 common element blocks are proposed with varying uses. Block 20, northwest corner of the development, is proposed to be open space and is approximately 3.1 hectares (7.7 acres) in area with a 3 metre (10 foot) access trail between Units 14 and 15 and Units 5 and 17. Two common element blocks are proposed along Wellington Street; Block 21 is proposed to contain facilities for garbage and recycling collection while Block 22 is to ensure the retained parcel does not front on the condominium road. Block 19 is proposed to be a common access point for the waterfront and will contain a dock located at the open water end and not in the narrow bay at the southwest side. Block 25 is proposed to ensure access between the two private lanes and will function as a 3 metre wide trail. The proposed 18 residential units will be accessed through individual entrances off the proposed private lanes. The lots will range in size from 1.0 to 2.1 hectares (2.5 to 5.2 acres), with road frontages from 46 m to 184 m (150 ft to 604 ft) (see Table 1). Each lot will be privately serviced with individual private septic and water services. The Environmental Impact Statement dated December 9, 2015, prepared by Ecological Recommend Report to Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) May 6, 2019 Page 3 of 12
2019-049 Planning Advisory Committee Application for Draft Plan of Vacan…
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AGENDA ITEM #b)
Services recommended a minimum 40 metre (131 ft) setback for all development on the units fronting along Dog Lake. This was reviewed by the RWDRT who reviewed the application using the, “Assessment of Municipal Site Evaluation Guidelines for Waterfront Development in Eastern Ontario’s Lake Country” completed by Hutchinson Environmental Services Ltd. (April 2014) and concur with the recommendations of a 40 metre setback for development (structures, buildings and septic) with a maintenance of a 30 metre vegetated buffer along Dog Lake. Table 1. Lot area and frontage for the proposed 18 units. Unit Number
Area (ha)
Road Frontage (m)
Waterfrontage (m)
1
1.01
103
2
1.20
127
126
3
1.03
64
4
1.12
88
5
1.21
99
6
1.29
92
7
1.98
123
118
8
1.46
48
100
9
2.09
184
10
1.43
111
91
11
1.54
84
157
12
1.73
106
95
13
1.46
46
14
1.21
76
15
1.30
76
16
2.08
76
17
2.05
73
18
1.46
53
Application Review The application has been circulated to a number of internal departments and external agencies for review and comments. Commenting agencies provided draft conditions during the technical review for inclusion in draft plan approval. Comments have been received from the following agencies:
- Township of South Frontenac
- KFL&A Public Health Recommend Report to Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) May 6, 2019 Page 4 of 12
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AGENDA ITEM #b)
Rideau Waterway Development Review Team (Parks Canada and Cataraqui Region Conservation Authority) Malroz Peer Review (Hydrogeology) Hydro One Networks Conseil Des Écoles Catholiques Du Centre-Est
All comments provided by the commenting agencies listed above are available for review on the County`s Current Planning Applications webpage. The Township of South Frontenac coordinated with KFL&A Public Health and Rideau Waterway Development Review Team prior to the Township of South Frontenac endorsing conditions to be forwarded to the County. A meeting was held with the County of Frontenac, Township of South Frontenac and Fotenn Consultants Inc. planning staff and the applicant on March 12, 2019 to review proposed conditions. Rideau Waterway Development Review Team (RWDRT) The RWDRT, comprised of Parks Canada and the Cataraqui Region Conservation Authority, review applications that are within the Cataraqui Watershed and are connected to the Rideau Canada National Historic Site and UNESCO World Heritage Site. The main interests of the RWDRT in this application are protection of surface water quality of the unnamed watercourses and Dog Lake, the avoidance of natural hazards (e.g. flooding and erosion) associated with the watercourses and the lake, natural heritage, as well as the provision of adequate stormwater management. Parks Canada is also interested in the proposal for water access facilities proposed, namely docks, as well as protection and enhancement of the cultural and natural heritage and scenic values of the Rideau Canada National Historic Site and UNESCO World Heritage Site. In correspondence dated February 14, 2019, the RWDRT provided comments on the December 10, 2018 draft plan and EIS addendum prepared by Ecological Services (August 24, 2016). RWDRT have no objection to the approval of application 10CD2016/001 provided that the following are required conditions of draft plan approval:
- That a lot grading and drainage plan, and a sediment and control plan be completed to the satisfaction of Frontenac County and the Cataraqui Region Conservation Authority and be included in the Condominium Agreement.
- That a final detailed stormwater management plan be prepare by a qualified Professional Engineer and approved to the satisfaction of Frontenac County and the Cataraqui Region Conservation Authority, and that appropriate text to implement its findings be included in the Condominium Agreement.
- That the Condominium Agreement contain a provision that any proposed development (e.g. construction, filling, and site alteration) within 15 metres of the flood plain or top of bank of the watercourses and Dog Lake will require prior written authorization from the Cataraqui Regional Conservation Authority under Ontario Regulation 148/06 made pursuant to Section 28 of the Conservation Authorities Act.
Recommend Report to Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) May 6, 2019 Page 5 of 12
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AGENDA ITEM #b)
- All in-water shoreline works, including but not limited to docks, including the joint use dock at Block 19 may only be constructed in accordance with applicable approvals issued by Parks Canada. These conditions are included in the proposed conditions listed in Attachment 3. KFL&A Public Health Comments dated March 16, 2016 provided by KFL&A Public Health contained conditions to be included in the final condominium plan and agreement. The amended Draft Plan dated December 10, 2018 and proposed Township of South Frontenac conditions were circulated to KFL&A Public Health to ensure the Township’s comments reflected the conditions outlined in the March 16, 2016 correspondence. Through correspondence to the Township, KFL&A Public Health advised they had no concerns. The following conditions were proposed in the March 16, 2016 technical review comments provided by KFL&A Public Health and are still applicable:
- A site servicing plan showing the location of the house, well and sewage system envelopes [primary and secondary], taking into consideration site topography, be prepared and provided to all future purchasers.
- Primary and alternate sewage system locations are to be reserved and maintained solely for that purpose. No constructions of wells, homes, driveways, pools, garages, or other structures it to take place in the primary or alternate area.
- Existing soil conditions will necessitate the importation of suitable fill for the installation of sewage system, resulting in fully raised sewage systems. Some lots will require additional fill or extensive site grading to deal with saturated conditions.
- As the sewage systems are raised, pumps may be required.
- Deviations from the locations on the updated 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). The recommended conditions proposed in the March 16, 2016 technical review comments provided have been incorporated into the proposed conditions listed in Attachment 3. Peer Review Hydrogeology The County of Frontenac has retained Malroz Engineering Inc. to peer review hydrogeological studies submitted as part of plan of subdivision and condominium applications. Malroz reviewed the study and provided comments dated April 20, 2016 recommending minor updates to the submitted study. These changes were made by BluMetric, with responses received by the County on August 8, 2016 and again on May 4, 2017. On June 6, 2017, Malroz confirmed that they have no outstanding concerns with the proposed development.
Recommend Report to Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) May 6, 2019 Page 6 of 12
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AGENDA ITEM #b)
Township of South Frontenac At the April 16, 2019 Township of South Frontenac Council meeting, Township Council through resolution 2019-11-05 recommended that the County of Frontenac approve plan of condominium 10CD-2016/001 with the conditions outlined in the planning report prepared by the Director of Development Services dated April 11, 2019. The conditions included by the Township speak to protection of the waterfront by including maximum widths for water access paths and requirement for the submission of a vegetative plan the purpose of which is to identify enhancements to the natural vegetative buffer within 30 metres of the high water mark. Condition 12 requires that the Owner update the traffic impact report to the satisfaction of the Township in accordance with the Township Design Criteria and Standards. The remainder of the conditions are general in nature and standard for developments within the Township. As of the writing of this report, concerns presented by the commenting agencies have been addressed by the applicant and commenting agencies have provided recommended conditions for Draft Plan Approval. Planning staff are recommending that County Council approve draft plan condominium 10CD-2016/001 with the conditions included in Attachment 3. Public Comments Concerns from the public were raised at the two public meetings surrounding the impact the proposed development may have on the water quality of Dog Lake. The application has been reviewed by the Rideau Waterway Development Review Team to ensure consistency with Section 2.0 Wise Use and Management of Resources including Section 2.1 Natural Heritage and Section 2.2 Water Quality. A 40 metre setback of any building envelope from Dog Lake will be established through the zoning by-law amendment that is being processed concurrently with the vacant land plan of condominium. The recommended draft plan conditions also protect the water quality of Dog Lake by ensuring the 30 metre buffer area from Dog Lake is left in a natural state and a vegetative planting plan will identify additional opportunities for plantings within the 30 metre buffer that will further help naturalize the shoreline. Further comments were submitted from the public that expressed concerns regarding the narrow waterbody and the potential for shallow waters in proximity to the development. These concerns were addressed in the technical addendum submitted by Ecological Services dated April 4, 2018. Ecological Services also completed a Gray Ratsnake survey, submitted June 1, 2016, which was identified as a concern from the public. Planning Analysis Provincial Policy Statement The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply Recommend Report to Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) May 6, 2019 Page 7 of 12
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AGENDA ITEM #b)
with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development on rural lands and resourcebased recreational uses in Ontario municipalities and in Section 1.1.5.4 development that is compatible with the rural landscape and can be sustained by rural service levels is promoted. Section 1.1.5.7 states that opportunities to support a diversified rural economy should be promoted by protecting agricultural and other resource-related uses and directing non-related development to areas where it will minimize constraint on these uses. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. The application was reviewed by Rideau Waterway Development Team to ensure consistency with Section 2 of the PPS and have recommended conditions such as an enhanced setback. Section 3: Protecting Public Health and Safety of the PPS contains policies intended to reduce the potential for public cost or risk to Ontario’s residents from natural or humanmade hazards. The application was reviewed by Cataraqui Region Conservation Authority as part of the Rideau Waterway Development Review Team for natural hazards including flooding and erosion hazards. No human-made hazards were identified on abutting or adjacent lands. The proposed development is consistent with the Provincial Policy Statement, 2014. County of Frontenac Official Plan The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3: Growth Management sets outs policies intended to help guide new development across the County as well as manage change at a regional level. The policies in the Rural Lands section are meant to recognize the importance of rural areas for future growth and create guidelines for development that is sensitive to the surroundings. The proposed lots are anticipated to fit within the rural character of the surrounding lands, are located along a condominium road, and lot size and shape directly relates to the site`s topography, vegetation, and soil and drainage characterizations. The proposed lots are adequate in size to provide for individual Recommend Report to Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) May 6, 2019 Page 8 of 12
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AGENDA ITEM #b)
services and do not land lock any adjacent parcels. Finally, the proposed development
is compatible with the surrounding area.
Section 3: Growth Management also contains special policies for development in
waterfront areas. The Official Plan specifies that lands generally located within 150 m of
a lake are to be considered Waterfront Areas. Section 3.3.3.4 permits residential
development in these areas, with the intent of improving and protecting them as cultural,
recreational, economic, and natural resources. Section 3.3.3.4.4 (7) of the Frontenac
County Official Plan requires that Township Official Plans and Zoning By-laws include
policies that will maintain the shoreline character and water quality of Waterfront Areas.
Section 3.3.3.4.2 Goal of the Plan is to improve and protect the waterfront area in
Frontenac County as a significant cultural, recreational, economic, and natural
environment resource and to maintain or enhance the quality of the land areas adjacent
to the shore. Objectives in this section include ensuring that the built form along the
shoreline is not overly concentrated, maintain and improve water quality on a
watershed-wide basis and to maintain, enhance and/or restore the majority of the
developed and undeveloped shorelines in their natural state by promoting property
stewardship. The proposal has been reviewed by the Rideau Waterway Development
Review Team and the recommendations included as comments for draft approval.
Section 4.2: Servicing provides policies for the use of private services provided that site
conditions are suitable for the long-term provision of such services with no negative
impacts. KFL&A Public Health was circulated as part of the application review process
to ensure the proposed units can be adequately serviced. The file was also reviewed by
the County’s hydrogeology peer reviewer, Malroz Engineering Inc., who have no
concerns with the development.
Section 7: Environmental Sustainability of the County’s Official Plan sets out policies for
environmental sustainability and protection of the natural heritage system and ecological
functions provided. This policies have been addressed with the proposed development.
The proposed consent conforms to the County of Frontenac Official Plan, 2016.
Township of South Frontenac Official Plan (2003)
The subject property is designated ‘Rural’ in the Township Official Plan on Schedule A.
Lands designated as Rural in the Township Official Plan are characterized by a rural
landscape. The type and amount of development in the Rural Area shall be consistent
with maintaining the rural character, natural heritage, and cultural landscape in the
Township.
Section 5.2 of the Official Plan contains policies on Environmental Protection. Section
5.2.7b)(i) Policies for Development and Site alterations Adjacent to Lakes and Rivers
states: “Vegetation within the setback area should be disturbed as little as possible
consistent with pedestrian passage, safety, provision of views and ventilation.” Section
5.2.7b)(iii) also makes reference to the “Rideau Lakes Carrying Capacities and
Proposed Shoreland Development Policies” as a reference document to assist in
Recommend Report to Planning Advisory Committee
Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17,
Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield
Shores)
May 6, 2019
Page 9 of 12
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AGENDA ITEM #b)
reviewing proposed development near water. “The objective is to attempt to ensure that development or site alterations are sustainable and in particular to maximize the protection of water quality.” The Rideau Waterway Development Review Team, including staff from the Cataraqui Region Conservation Authority and Parks Canada, have reviewed the proposed development from a water quality perspective and are satisfied that subject to the conditions outlined in Attachment 3 this development will maximize the protection of water quality of Dog Lake. Section 5.7.7 of the Official Plan contains the Limited Service Residential Policies. It states that as a rule, the minimum lot size shall be 1 hectare (2.5 acres) with a minimum of 91 metres (300 feet) of water frontage and 76 metres (250 feet) of frontage on a private road. Each of the 18 units proposed meets the minimum lots size and frontage requirements. The private road will be designed to comply with the Township’s private road design standards and will be held in the ownership of the condominium corporation as a common element. The units have been designed large enough to be serviced by individual septic and private wells. Section 5.7.7 g) contains policies related to communal docking facilities. It requires that such facilities “shall be located a suitable distance, generally 60 metres (197 feet) from the nearest residential use”. This policy enables access to the waterfront in accordance by “communal docking facilities”, which in this case is Block 19 of the proposed plan of condominium. The policies could be interpreted to suggest that communal facilities can be managed more effectively than individual access points in order to protect the water quality. At the request of the Rideau Waterway Development Review Team, condition 9 recommends “that the Owner agrees that any dock at Block 19 be located at the open water end of the Block and not in the narrow bay at the southwest side of the Block”. Placing the communal dock on the open water end helps protect the shoreline and water quality of Dog Lake. Previous Township staff brought a report forward on this proposed plan of condominium to South Frontenac Council at the August 1st, 2017 meeting. At the August 1st, 2017 meeting, questions were raised regarding the establishment of rights-of-ways over waterfront units in favour of backlot units to provide access to the water. It was expressed that these rights-of-ways were contrary to the intent of the Official Plan to protect the shoreline vegetation and to space out waterfront residential development. The proposed draft plan of condominium has removed the establishment of right-of-ways for the backlots over the waterfront units. Proposed condition #2 states “That the Final Plan of Condominium and related R-Plans not contain any rights-of-ways over waterfront units in favour of back units for water access”. Previous Township staff also provided South Frontenac Council with a report at the September 5, 2017 meeting to address comments at the August 1st, 2017 meeting. At this meeting the question arose whether the portion of Dog Lake on which this development fronts on to is considered a shallow and narrow waterbody. Council deferred making a decision on recommending draft plan conditions at the September 5, Recommend Report to Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) May 6, 2019 Page 10 of 12
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AGENDA ITEM #b)
2017 meeting to allow the developer to address the issue of whether this portion of Dog Lake is a shallow/narrow water body. Shallow & Narrow Waterbody Section 7.1.1., Special Severance Policies – Shallow and Narrow Bodies of Water includes policies stating that “no lot with water frontage shall be approved adjacent to a narrow waterbody unless the water frontage is at least 150 metres in order to ensure safe boating and swimming conditions, to avoid an over developed appearance in a constricted area and to help ensure a reasonable separation between residential uses”. Section 7.1.1 also states “Waterfront lots which are proposed adjacent to a shallow waterbody (less than 3 metres (10 feet)) deep, 30 metres offshore at low water may be required to have a water frontage of 150 metres. The Owner submitted a report from Ecological Services dated April 4, 2018 that examines the question of the shallow water policy (s.7.1.1) of the South Frontenac Official Plan. The report prepared by Ecological Services is informed by a survey generated by Leslie Higginson dated November 17, 2017 and Parks Canada water levels data. As Dog Lake is part of the controlled water system of the Rideau Canal the water level varies throughout the season. The survey sketch noted in November 2017 that at 30 metres from the water’s edge, the water depth ranged from 2.4 to 3.0 metres whereas other portions of the frontage of the development have a depth greater than 3.0m. It is noted in the Ecological Services report that Dog Lake can vary as much as 0.5m throughout the season. Attachment 4 includes the report from Ecological Services dated April 4th, the survey sketch from L. Higginson dated November 17, 2017 and data from Parks Canada. The documentation provided by the Owner has been reviewed by the Rideau Waterway Development Review Team and they are satisfied that the frontage of the lots is sufficient to ensure the water quality of Dog Lake is protected with the proposed frontage of the waterfront units in the Shield Shore draft plan of condominium. Township Planning staff are satisfied that the information provided satisfies the Shallow Waterbody policies in the South Frontenac Official Plan and that with the recommended conditions included in Attachment 3, no increase in the water frontage of the units within the plan of condominium is required. Comments and Discussion County Planning Staff are recommending the approval of draft plan of condominium 10CD-2016/001 with the inclusion of conditions outlined in Attachment 3. Draft Approval Conditions The proposed draft approval conditions reflect the comments from the Township and other commenting agencies such as Rideau Waterway Development Review Team, KFL&A Public Health, etc. The Township condominium agreement will be the main document to implement these comments and conditions. While most of the draft conditions are standard, the Township and the Rideau Waterway Development Review Team provided conditions specific to the proposed development and waterfront protection. For instance, Condition 19 requires that the Owner shall agree in writing that Recommend Report to Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) May 6, 2019 Page 11 of 12
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AGENDA ITEM #b)
the natural soil and vegetation within 30 metre setback area from Dog 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 shall include provisions shall include provisions that would require unit owners to provide protection of natural vegetation within the 30 metre setback. Based on the foregoing comments and discussion, County staff are of the opinion that the Draft Plan of Subdivision and related draft conditions are consistent with the Provincial Policy Statement, 2014, and conform to the Frontenac County Official Plan, 2016 and Township of South Frontenac Official Plan, 2003. Sustainability Implications As stated in Directions for Our Future, Government decision-making processes are clear, transparent, forward thinking and focused on the longer term. The public is interested, informed, and meaningfully involved in local governance. Financial Implications There are no direct financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Planning and Economic Development Department Township of South Frontenac Members of the Public Commenting Agencies (CRCA, KFL&A, Canada Post, etc) Applicant and Applicant’s Agent John Pyke, Environmental Geoscientist, Malroz Engineering Inc. Attachments Attachment 1 – Draft Plan of Vacant Land Condominium (December 10, 2018) Attachment 2 – Aerial image of subject lands Attachment 3 – Draft plan conditions for 10CD-2016/001
Recommend Report to Planning Advisory Committee Application for Draft Plan of Vacant Land Condominium Approval 10CD-2016/001 located at Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac (Shield Shores) May 6, 2019 Page 12 of 12
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2019-049 Planning Advisory Committee Application for Draft Plan of Vacan…
6m SETBACK FROM REGULATORY FLOODPLAIN 93. 3
m
MON ELEMENT) M O (C IL A R T E ID W 3.0m
105.60m
126 .0
124.0 0 2. 12 0 12
NOT TO SCALE
COMMON ELEMENT
LEMENT)
84 . 3m
MON E M O (C IL A R T 3.0m WIDE
.5m 110
4m
76.0
35
150
120
3.5
48
1 12 26.0 8.0
.0 m
76.1 m
53
FLOODLINE SETBACK
130
m 93.7
11118 6.0 .0
82.2m
E) EXISTING USES OF ADJACENT LANDS AS SHOWN ON DRAFT PLAN F) APPROXIMATE DIMENSIONS AND LAYOUT OF UNITS AS SHOWN ON DRAFT PLAN G) NATURAL AND ARTIFICIAL FEATURES AS SHOWN ON DRAFT PLAN H) PRIVATE WATER WELLS TO BE PROVIDED
.0 118
D) LANDS TO BE USED FOR RESIDENTIAL PURPOSES
114.0
m 145 73.1m
J) RESTRICTIONS AFFECTING THE LAND ARE SHOWN ON THE DRAFT PLAN
m
.2 123
18
26.65
79.65%
COMMON ELEMENT ( OPEN SPACE )
19-20 21-22 & 25
3.73
11.16%
COMMON ELEMENT ( ROADS )
23-24
3.07
112
ID
EM
EN
T
6m SETBACK FROM REGULATORY FLOODPLAIN
6m SETBACK FROM REGULATORY FLOODPLAIN
M M O (C
EL
.3m 96
m 0 . 3
W
M ON
.5m 98
L
AI R ET
M
108.0
ON
T) N E M E EL
CO
0
100.00%
.0
11
33.46
Total
9.19%
DRAINAGE DITCH
m
9 4.4 4 1
8m
.0
104
11
RESIDENTIAL UNITS 1 to 18
126.0 124.20.0 12 20 1 18.0 0m 1 161.01 1 14.0 1
10 6.0
0m
Percent (%)
Number of units
SUBJECT TO ROW IN FAVOUR OF HOUSE 2
118 .0 116.0 SUBJECT TO ROW IN 114 FAVOUR OF BLOCK 19, 112..00 UNIT 8 AND HOUSE 2 110 108.0 106.0 104.0
128.0 Area (ha.)
Number of lots
BOUNDARY
0 108.0
10
SITE DATA
6m SETBACK FROM REGULATORY FLOODPLAIN 11 2.0 11
I) SERVICES AVAILABLE INCLUDE HYDRO AND BELL
Land Use
m
BLOCK 25IL TRA 3.0m WIDEEM L ENT) (COMMON E
.7 m
30 m
A) BOUNDARY OF LANDS TO BE SUBDIVIDED AS SHOWN ON DRAFT PLAN B) EXISTING AND PROPOSED ROADWAYS AS SHOWN ON DRAFT PLAN C) RELATIONSHIP TO ADJACENT LANDS AS SHOWN ON DRAFT PLAN AND KEY PLAN
Length
.6m .8m 30
1.3
15
0 11 0 1112468…00.00.0 1111222 0 1 24. 1
12 1220.0
m
52.6m
SECTION 51(17) PLANNING ACT- INFORMATION
DRAINAGE DITCH
124
.1 76
1 11 18.0 11 6.0 4.0
18
.0
m 30 METRIC
1m
6m
8.0 12 126.0
.0m
WATERCOURSE
FLOODLINE ELEVATION: 98.95 85
.0m
WATERCOURSE
m
79.77m (ZO
NING)
32 .9m
88.4
m
m 30
30
131.0m (ACTUAL)
SUBJECT TO RIGHT OF WAY
102.9m
187.6m
127 .3m
m
93.8
24.8%
4%
JE Josselyn Engineering Inc.
COMMON ELEMENT 59.8m
1225 GARDINERS ROAD, #105 KINGSTON, ONTARIO K7P 0G3 TEL : 613-634-9278 FAX : 613-634-9138 E-MAIL : mjosselyn@josselyn.ca
.7m
63
LOW AREA % 5.3
COMMON ELEMENT GARBAGE AND RECYCLING COLLECTION AREA
7.3
%
% 0.6
% 1.1
No.
By
Date
Revision
Checked
AGENDA ITEM #b)
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2019-049 Planning Advisory Committee Application for Draft Plan of Vacan…
10CD-2016/001 SHIELD SHORES
±
Unit 12
Unit 14
Block 20
Unit 15
Unit 13
Unit 11
Block 23 Block 25 Unit 9
Unit 10
Unit 18
Unit 16
Block 24
Unit 8 Unit 16
Unit 7 Unit 6
Block 19
Unit 5
Unit 4
Unit 3
Unit 2
Unit 1
Retained Parcel
Block 22
Legend
Block 21
Draft Lots Parcel Fabric
50
100
200
Metres County of Frontenac
AGENDA ITEM #b)
Page 118 of 134
Produced May 1st, 2019 by the County of Frontenac with data supplied under license by members of the Ontario Geospatial Data Exchange and ESRI. The County of Frontenac disclaims all responsibility for errors, omissions or inaccuracies in this publication. Inlcudes Material © 2014 of the Queen’s Printer for Ontario. All Rights Reserved.
0
AGENDA ITEM #b)
10CD-2016/001 (Shield Shores) Plan of Vacant Land Condominium Conditions of Draft Approval Date of Decision: May 15, 2019
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 December 10, 2018, showing a total of 18 residential Units, 5 Blocks and two private lanes, prepared and certified by Leslie M. Higginson (surveyor).
- That the Owner shall agree to enter into a condominium agreement with the Township of South 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 South 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:
Fotenn Consultants Inc., Planning Report, Shield Shores Residential Development, February 25, 2016; Mary Alice Snetsinger, Environmental Impact Statement for Campbell Property, January 10, 2016, technical addendum August 24, 2016; Ecological Services, Gray Ratsnake Surveys, June 1, 2016; Ecological Services, Shallow Waterbody Submission, April 4, 2018; BluMetric Environmental, Hydrogeological Assessment and Terrain Analysis for Proposed Development of Con 9, Part Lots 15, 16 and 17, Dog Lake Township of South Frontenac, February 2016, technical response August 8, 2016 and May 4, 2017; Josselyn Engineering Inc, Traffic Impact Assessment Report, Shield Shores Condominium, November 25, 2016, updated August 22, 2017; Josselyn Engineering Inc. Analysis of Stormwater Management Requirements for Dog Lake Subdivision, February 4, 2016 and Analysis of Stormwater Management Requirements dated May 1, 2017; and Adams Heritage, Archaeological Assessment (Stages 1 & 2), Dog Lake Ridge, May 12, 2015.
- That the Owner shall reimburse the Township of South Frontenac and the County of Frontenac for all legal, engineering, planning, administrative expenses and permit
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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. 5. That the two proposed private lanes shown in the draft plan (Block 23 and Block 24) be designed and constructed, at a minimum, in accordance with Township Design Criteria and Standards and Private Lane Standards for new private lanes. 6. That the Owner agrees in writing that any easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 7. That 0.3 metre reserves be established along the boundaries of any blocks and units, other than the condominium road, which abut the Wellington Street road allowance to the satisfaction of the Township. Any 0.3 metre reserves shall be deeded to the Township for the purpose of controlling additional access to the plan of condominium. 8. That the Owner agrees that any dock at Block 19 be located at the open water end of the Block (i.e., southeast portion of the Block) and not in the narrow bay at the southwest side of the Block. 9. That the Owner shall agree in writing to install and power street lighting to the satisfaction of the Township and in accordance with Township Design Criteria and Guidelines. 10. That the Owner shall agree in writing to name the street in accordance with Township 9-1-1 Civic Addressing policy for the Township and shall install signage to the satisfaction of the Township and in accordance with Township Design Criteria and Standards. 11. That the Owner shall agree in writing to install garbage and recycling depot in a location to the satisfaction of the Township and in accordance to Township Design Criteria and Standards. 12. That the Owner shall agree to update and revise the traffic impact report entitled Josselyn Engineering Inc., Traffic Impact Assessment Report, Shield Shores Condominium, August 22, 2017 to the satisfaction of the Township and in accordance to Township Design Criteria and Standards. 13. That the Owner agrees in writing to pay cash-in-lieu of parkland in accordance with approved Township policies.
10CD-2016/001 (Shield Shores), Plan of Vacant Land Condominium Conditions of Draft Plan Approval Date of Decision May 15, 2019
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- 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 separate condominium agreements, 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.
- 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.
- That the Owner shall agree in writing that the natural soil and vegetation within the 30 metres setback area from Dog 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.
- That prior to final approval, the County of Frontenac is to be advised by the Township of South Frontenac that this proposed condominium conforms to the Zoning By-law in effect for the Township.
- 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.
- That the following conditions from KFL&A Public Health, be addressed to the satisfaction of the Township and KFL&A Public Health: (a) The site servicing plan showing the location of the house, well, sewage system envelopes (primary and alternate), taking into consideration site topography be
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prepared and provided to all future purchasers through the condominium declaration. (b) 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. (c) Existing soil conditions will necessitate the importation of suitable fill for the installation of sewage systems, resulting in fully raised sewage systems. Some units will require additional fill or extensive site grading to deal with saturated conditions. (d) Deviations from the locations on the updated 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). 22. That all requirements and recommendations specified in the hydrogeology report entitled BluMetric Environmental, Hydrogeological Assessment and Terrain Analysis for Proposed Development of Con 9, Part Lots 15, 16 and 17, Dog Lake Township of South Frontenac, February 2016 and all associated drawings be addressed to the satisfaction of the Township, KFL&A Public Health and Cataraqui Region Conservation Authority. 23. 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. 24. That the recommendations of the environmental impact statement, entitled Mary Alice Snetsinger, Environmental Impact Statement for Campbell Property, January 10, 2016 be addressed to the satisfaction of the Township and Cataraqui Region Conservation Authority. 25. That a final detailed stormwater management plan be prepared by a qualified Professional Engineer and approved to the satisfaction of the Township and the Cataraqui Region Conservation Authority, and that appropriate text to implement its findings be included in the Condominium Agreement. 26. That a lot grading and drainage plan, and a sediment and erosion control plan be completed to the satisfaction of the Township and the Cataraqui Region Conservation Authority and be included in the Condominium agreement. 27. That the Condominium Agreement contain a provision that any proposed development (e.g. construction, filling, and site alteration) within 15 metres of the flood plain or top of bank of the watercourses and Dog Lake will require prior written
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authorization from the Cataraqui Region Conservation Authority under Ontario Regulation 148/06 made pursuant to Section 28 of the Conservation Authorities Act. 28. All in-water and shoreline works, including but not limited to docks, including the joint use dock at Block 19, may only be constructed in accordance with applicable approvals issued by Parks Canada. 29. That the Owner agree in writing all recommendations of the archaeological report entitled Adams Heritage, Archaeological Assessment (Stages 1 & 2), Dog Lake Ridge, May 12, 2015 be implemented to the satisfaction of the Township. 30. That the Owner prepare a vegetative planting plan to the satisfaction of the Township and the Cataraqui Region Conservation Authority, the purpose of which is to enhance the natural vegetative buffer within 30 metres of the high water mark. 31. 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). 32. 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 33. 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. 34. 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. 10CD-2016/001 (Shield Shores), Plan of Vacant Land Condominium Conditions of Draft Plan Approval Date of Decision May 15, 2019
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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. 35. 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. 36. That prior to Final Condominium Approval, the County of Frontenac shall be advised by the Township of South 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. 37. 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. 38. That, prior to Final Condominium Approval, the County is to be advised in writing by the Cataraqui Region Conservation Authority of the method by which its conditions have been addressed. 39. 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. 40. Clearance Letters: a. That prior to Final Subdivision Approval, the County of Frontenac shall be advised that all Conditions of Draft Plan Approval have been satisfied; the clearance memorandum shall include a brief statement detailing how each condition has been met and shall be prepared by the Planning Consultant. b. That prior to Final Subdivision Approval, the County is to be advised in writing by the Township of South Frontenac of the method by which its conditions have been addressed. c. That prior to Final Submission Approval, the County is to be advised in writing by KFL&A Public Health of the method by which its conditions have been addressed. d. That prior to Final Subdivision Approval, the County is to be advised in writing by Rideau Waterway Development Review Team of the method by which its conditions have been addressed. 10CD-2016/001 (Shield Shores), Plan of Vacant Land Condominium Conditions of Draft Plan Approval Date of Decision May 15, 2019
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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 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-2016/001 (Shield Shores). 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. 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 the M-Plan, and, submission timelines.
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Report 2019-050
Information Report To:
Chair and Members of the Planning Advisory Committee
From:
Megan Rueckwald, Manager of Community Planning
Prepared by:
Megan Rueckwald, Manager of Community Planning
Date of meeting:
May 6, 2019
Re:
Planning Advisory Committee – Township Committee of Adjustment Lean Process Improvement Update
Recommendation This report is for information purposes only. Background In January 2019, planning staff from each member municipality and the County initiated a Lean process improvement exercise with the intent of improving the Township Committee of Adjustment process. Planning staff have focused on the planning application process in an effort to find efficiencies and eliminate waste. It was identified by the group that making improvements to the planning application process will give time back to staff, reduce duplication, waiting and processing time and improve the experience for the citizen / applicant. The process has been facilitated by Kevin Farrell, Manager of Continuous Improvement and Lean Black Belt, and Lisa Moreland, Human Resource Generalist and Lean Yellow Belt. Economic Development staff from the County have also been involved in the exercise to provide input from the view of an applicant. This report is intended to provide the Planning Advisory Committee with an understanding of Lean Process Improvement and an update on the planning application exercise. What is Lean? Lean thinking is the belief that there is a simpler, better way through a continuous drive to identify and eliminate waste, or inefficiencies and errors, in our day-to-day work. It is about making our work environments efficient and effective, so we can provide higher quality of services to our customers. Lean improves safety, quality, costs, efficiencies,
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and service delivery. Lean helps create time for quality improvement to be part of everyday routine activity. What Lean Is: Solutions to a customer’s needs
What Lean is Not: Focused on provider needs
Identification and removal of process waste
Writing new policies or procedures
Quality at point of service Reduction or elimination of defects Improving process flow About doing necessary tasks Continual improvement Focusing on value added activities Redeployment of resources into value added activities
Job reduction Measuring quality into service Batch and queue Not about doing a lot of work One time random improvement Busy work that fills your day
What is the Lean Process and What Stage is the Planning Process At? At the core of the Lean methodology is a five-phase roadmap known by the acronym DMAIC which identifies each phase: Define, Measure, Analyze, Improve, and Control. Define - The define phase is about bringing a team together to brainstorm around the root causes of the problem/opportunity, understanding the current state by creating a current state map and deciding what needs to be measured. Measure - The measurement phase is about working with the team and other staff members to collect the baseline measures and the voice of the customer. The measurement phase can be the most difficult phase because you are asking staff to collect measures on top of their daily job so it is important that the measurement tools created are easy to fill in. Analyze - The analyze phase is where graphs are created so the data story can unfold. By looking at the data in a variety of ways using tools such as trend charts and Pareto charts the data story emerges. It is important to ensure it aligns with the problem/opportunity that was developed during the define phase. This could be the shortest of all five phases but it is the link between truly understanding the process and creating and implementing improvements. Improve - By this point teams are ready to brainstorm solutions and improvements using the Lean tools and principles that best address the root cause(s) and test the improvements using the PDSA (Plan Do Study Act) tool. Control - In the control phase teams validate the controls that have already been put in place and identify any other controls that need to be put in place to ensure the process does not slip back into the old way of doing things. The define phase was completed by the project team in January 2019. The project team defined the project statement as, “Our current process provides insufficient information to applicants, public, staff, and decision makers, which leads to timing and processing issues. This causes challenges to comply with legislative requirements in a consistent, Information Planning Advisory Committee Report Township Committee of Adjustment Lean Process Improvement Update May 6, 2019
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cost effective and affordable manner”. At the end of the January meeting, the project team decided what needed to be measured to assess the problem statement. The following questions were measured from February 1st to March 31st by the project team. Questions assessed by the project team: •
How many times does an outside department provide information?
•
How many times do you require more info from applicant during pre-consult?
•
How many times is everyone organized following the pre-consult? How many times is communication happening after consult and prior to application submission?
•
How many times is the file touched when fulfilling conditions/after approval? Severance vs. variance
•
Walk-ins that should have made an appointment?
On May 2nd, the project team will be getting together to review the finding of the measurement phase and analysis completed by Lean facilitators. The project team will then be brainstorming improvement ideas and creating an implementation schedule for the improvements. A key component to the Lean process is the control phase which staff anticipate will occur later in the summer; the project team will get together to compare findings from the implemented improvements and identify further controls to ensure the process does not return to the prior state.
Image 1. The first half of the Committee of Adjustment application process.
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Image 2. The second half of the Committee of Adjustment application process.
Image 3. The completed process flow map of the Committee of Adjustment process (large map available at meeting). Comment The Committee of Adjustment Lean process improvement exercise has been a very valuable exercise for planning staff across the County. In addition to improving the process, planning staff are enhancing connections across the County and creating a consistent approach to planning across the Frontenacs. Following the completion of this exercise, planning staff may identify additional processes that could benefit from a Lean exercise. Sustainability Implications One of the key focus areas of Directions for Our Future, the County’s Sustainability Plan, is Land Use Planning and Management. From a sustainability perspective, this involves an approach that ensures a clean and healthy environment, a strong economy, and long term viability. Planning staff have identified that the current process is not sustainable and is leading to timing and processing issues and staff capacity concerns. Through this exercise, the project team will locate efficiencies by enhancing the knowledge of applicants, streamlining the commenting agency review while also increasing transparency to the public.
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Financial Implications There are no direct financial implications to the County of Frontenac. Organizations, Departments and Individuals Consulted and/or Affected Township Planning Staff Lean Frontenac Implementation Team (LIFT) Planning and Economic Development Department
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AGENDA ITEM #d)
Report 2019-051
Recommend Report To:
Chair and Members of the Planning Advisory Committee
From:
Megan Rueckwald, Manager of Community Planning
Prepared by:
Megan Rueckwald, Manager of Community Planning
Date of meeting:
May 6, 2019
Re:
Planning Advisory Committee – To Authorize Delegated Authority to the Director of Planning and Economic Development for Part Lot Control
Recommendation Resolved That the Council of the County of Frontenac receive the Planning Advisory Committee – Delegated Authority for Part Lot Control – Amendment to Bylaw No. 20160006 Delegation of Authority Policy report for information; And Further That the Council of the County of Frontenac authorize delegated authority to the Director of Planning and Economic Development for part lot control and amend the plans of subdivision and plans of condominium authorization wording as contained in Appendix 1. And Further That By-law 2016-0006 being a by-law to establish a Delegation of Authority Policy and to authorize the delegation of certain powers and duties under the Municipal Act, 2001, the Planning Act and other Acts be amended accordingly. Background In 2016, County Council passed a bylaw authorizing delegated authority for final approval of plan of subdivision and plan of condominium applications to the Director of Planning and Economic Development (Report 2016-031). In an effort to streamline the approval process, it was proposed that the authority for final approval be delegated to staff. It was recognized that applicants may have submitted the required paperwork, but must still wait until the next scheduled Council meeting for approval to be confirmed. This was identified as an inefficient process for what are mainly administrative tasks. It was also recognized that there is no public involvement in final approval and only the applicant has the right to appeal a decision. Provisions were included in the bylaw for when final approval would still be before Council including when planning staff were recommending refusal of the application, or if the applicant preferred to refer the decision to Council directly. Planning staff are
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recommending minor amendments to the current provisions to recognize changes in staff positions and recommending a similar process for part lot control. The changes are included in the amended bylaw (Attachment 1). Part Lot Control Section 50(5) of the Planning Act, R.S.O. 1990, c. P13 does not allow a part of a lot on a registered plan of subdivision to be transferred without the approval of a municipality. Part lot control has the effect of preventing the division of land in a registered plan, other than that allowed for in the approved plan of subdivision, without further approvals. The part lot control provisions of the Planning Act allow a municipality to pass bylaws to remove part lot control from all or any part of a registered plan of subdivision. Such a bylaw has the effect of allowing the conveyance of a portion of a lot without requiring the approval of the land division committee. Exemption from part lot control may be used for semi-detached and townhouse developments, as individual semi-detached or townhouse lots are not normally indicated on a registered plan of subdivision. This approach is used because of the difficulty the builder would have in ensuring that the common centre wall between two dwelling units was constructed exactly on the property line. In Frontenac County, the County is the approval authority for plan of subdivision and condominium applications, therefore a part lot control exemption bylaw would need to be approved by County Council. Recognizing that, with the exception of special meetings, County Council only meets once a month (excluding August), planning staff are recommending that the Director of Planning and Economic Development have delegated authority to approve part lot control bylaws. This is consistent with other municipalities within our region and the process for final approval of subdivision/condominium applications. No opportunities for public engagement will be compromised with delegated authority, as this input would be received at the Township level prior to passing the bylaw. Planning staff are recommending similar provisions for final approval for plan of subdivision and condominium applications be included for part lot control. These include:
- That the Director at their discretion referred the request for approval of the bylaw to Council;
- The owner/applicant requires in writing that the request for approval of the partlot control exemption be referred to Council. Such a request will be accompanied by a report from planning staff providing advice and direction to Council.
- Any member of Council, through a notice of motion, may request that approval of the exemption bylaw be referred to Council. Such consideration will be made at a subsequent meeting with planning staff providing advice and direction to Council. The text that is to be included in Bylaw 2016-0006 is as follows:
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AGENDA ITEM #d)
Applications for Part-Lot Control – Approval i) Council’s power and authority with respect to all matters provided for by Section 50 (7.1) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, related to the requirement for approval for part-lot control by the appropriate approval authority for the purpose of sections 51 and 51.1 of the Planning Act, R.S.O. 1990, Chapter P.13 are delegated to the Director of Planning and Economic Development or, in the absence of the Director, to their designate acting in the position. ii) Notwithstanding the provisions of Clause 7(i) of this policy, Council shall retain all powers and authority under Section 51(58) of the Planning Act, as amended, where: a)
The Director or, in the absence of the Director, the designate, at his/her discretion refers the request part-lot control to Council;
b)
The Owner/applicant requests in writing that the request part-lot control be referred to Council. Such a request will be accompanied by a report from the Director providing advice and direction to Council.
c)
Any member of Council, through a notice of motion, may request that approval for part-lot control be referred to Council. Such consideration will be made at a subsequent meeting with the Director providing advice and direction to Council with respect to the approval.
Final Approval – Plan of Subdivision and Plan of Condominium Planning staff are recommending minor amendments to Section 7 – Delegation Under the Planning Act for applications for final approval & subdivision/condominium agreement execution in Bylaw 2016-0006. Planning staff are recommending that the wording “or, in the absence of the Director, to the Community Planner” be rephrased to state the “Director, or their designate acting in the position”. The proposed wording removes the term absence (not defined and could be ambiguous in length) and directs authority to the designate acting in the Director’s role. Comment In an effort to streamline other planning processes, planning staff are recommending that the Director of Planning and Economic Development have delegated authority for approval part lot control bylaws. Under this recommendation, the applicant could still request to take the application before Council and any member of Council could bring forward a Notice of Motion requesting approval for a specific application. Council also maintains the ability to remove delegated authority for planning staff. The Director shall bring forward a report to County Council annually informing Council of the decisions made in the past year; this report shall be brought to Council in the first quarter of each year.
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Staff recommend that County Council amend Bylaw No. 2016-0006 Delegation of Authority Policy to delegate authority to the Director of Planning and Economic Development for part lot control approval and amendments to Section 7 – Delegations Under the Planning Act. Sustainability Implications One of the key focus areas of Directions for Our Future, the County’s Sustainability Plan, is Land Use Planning and Management. From a sustainability perspective, this involves an approach that ensures a clean and healthy environment, a strong economy, and long term viability. Approval of the amended bylaw will delegate approval to the Director of Planning and Economic Development for part lot control, streamlining the development process. Financial Implications There are no direct financial implications to the County of Frontenac for this approval. Organizations, Departments and Individuals Consulted and/or Affected Township Planning Staff Clerk’s Department
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