Body: Planning Committee Type: Agenda Meeting: Public Date: 2017 Collection: Council Agendas Municipality: Frontenac County
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Planning Advisory Committee Meeting Saturday, August 19, 2017 – 10:00 a.m. Ompah Community Centre, 10200 Road 509, Ompah, ON
Agenda Public Meeting Held Pursuant to the Planning Act Page 1.
Call to Order 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 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 staff, 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
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Page 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 Ontario Municipal Board, unless, in the opinion of the Board, there are reasonable grounds to do so. 2.
Disclosure of Pecuniary Interest and General Nature Thereof
Public Meeting Reports to the Planning Advisory Committee a) 2017-105 Planning Advisory Committee – Public Meeting Report Review of Applications for Plan of Condominium – Part of Lots 22 & 23, Concession 1 and Part of Lots 22 & 23, Concession 2, Geographic Township of Clarendon, now in the Township of North Frontenac: File 10CD-2012/001 (Ardoch Lake)
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This report provides information on an application for a proposed Plan of Condominium and staff are seeking input from the public on this application. 4.
Communications
Next Meeting a) The next regular meeting of the Planning Advisory Committee is scheduled for Monday, September 11, 2017 at 10:00 a.m. at the County Administrative Offices.
Adjournment
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AGENDA ITEM #a)
Report 2017-105 Committee Information Report To:
Chair and Members of the Planning Advisory Committee
From:
Joe Gallivan, Director of Planning & Economic Development
Date of meeting: August 19, 2017 Location: Re:
Ompah Community Hall, Ompah.
Planning Advisory Committee – Public Meeting Report – Review of Applications for Plan of Condominium – Part of Lots 22 & 23, Concession 1 and Part of Lots 22 & 23, Concession 2, Geographic Township of Clarendon, now in the Township of North Frontenac, File 10CD-2012/001 (Ardoch Lake)
Recommendation This report provides information on an application for a proposed Plan of Condominium and staff are seeking input from the public on this application. Background The following is a Public Meeting report to the Planning Advisory Committee regarding application for a Plan of Condominium submitted by EcoVue Consulting Services Inc. on behalf of the applicant, Ardoch Lake Developments, with respect to lands legally described as Part of Lots 22 & 23, Concession 1 and Part of Lots 22 & 23, Concession 2, Geographic Township of Clarendon, now in the Township of North Frontenac. This report describes the proposed application and includes an overview of the relevant policies and regulations that will be evaluated as part of a future comprehensive report. The applicant is proposing to develop a Plan of Condominium to permit the creation of 28 lot (unit) vacant land condominium on Ardoch Lake on private services for residential development. Attachment 1 to this report is the Draft Plan of Condominium submitted with the application and Attachment 2 is an aerial map outlining the subject lands. In support of the application, the applicant has submitted the following:
A draft plan of vacant land showing the layout of the proposed development and what parts of the development will be shared (“common elements”) Planning report (updated August 10th, 2017) Stormwater management brief Phosphorous budget assessment
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AGENDA ITEM #a)
Rural servicing study Servicing options statement Archaeological assessment Environmental impact study
A planning update report dated August 10th, 2017, from EcoVue Consulting Services Inc. has been provided as part of the revisions to the draft Condominium Plan and is included as Attachment 3. All submission materials are available online through the County’s Google Drive website: http://ow.ly/ahEt30ejQny Public Meeting Process Anyone who attends a Planning Advisory Committee Public Meeting may present an oral submission, and/or provide a written submission on the proposed application. Also, any person may make written submissions at any time before County Council makes a decision on the application. If a person or public body does not make an oral submission at a Public Meeting, or does not make a written submission to the County of Frontenac before a decision is made by County Council, the person or public body is not entitled to appeal the decision of the County of Frontenac to the Ontario Municipal Board and may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. The Planning Advisory Committee will consider a comprehensive report and recommendation from the Director of Planning and Economic Development, respecting the subject application, at a future meeting. The Committee will make its recommendation to County Council at the meeting. The decision of County Council will be final unless appealed. All persons who made oral or written submissions, or have requested notification in writing, will be given written notice of the future meeting(s) of the Planning Advisory Committee at which time the subject application will be considered. Anyone wishing to be notified of Council’s decision on the subject application must submit a written request to: Joe Gallivan, Director of Planning & Economic Development The Corporation of the County of Frontenac 2069 Battersea Road Glenburnie, ON K0H 1S0 jgallivan@frontenaccounty.ca 613-548-9400, ext. 359 Proposed Development The subject land is located on the south side of Ardoch Lake, southeast of the hamlet of Ardoch, with access via Ardoch Road. The lands are legally described as Part of Lot 22 and 23, Concessions 1 and 2, geographic Township of Clarendon, Township of North Frontenac. The surrounding area generally is rural and wooded, with cottages and camps located on the north side of the lake. The subject property is approximately 93 hectares (230 acres). The property can be described as somewhat hilly, with rock Planning Advisory Committee Public Meeting Report Review of Applications for Plan of Condominium – Part of Lots 22 & 23, Concession 1 and Part of Lots 22 & 23, Concession 2, Geographic Township of Clarendon, now in the Township of North Frontenac, File 10CD-2012/001 (Ardoch Lake) August 19, 2017 Page 2 of 7
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AGENDA ITEM #a)
outcrops, some meadows, extensive tree cover, and a large swamp located at the eastern end of the lands. The property also has shoreline frontage on Ardoch Lake of 1,884 metres (1.2 miles). Attachment 1 to this report is the Draft Plan of Condominium submitted with the revised application and Attachment 2 is an aerial map outlining the subject lands. Map 1 provides aerial imagery of the location of the property with an overlay of the proposed lots and blocks of land to be created. The applicant has applied for a vacant land condominium (i.e., lotting pattern, road layout, and wetland protection) and the zoning necessary to allow for this development. An application was first submitted and deemed complete on January 4, 2012 for 45 units; however after detailed review by commenting agencies, a revised application was submitted proposing 34 units. The application has been revised and the total number of lots have been reduced to 28 units. Vacant Land Condominium – Definition A plan of vacant land condominium is very similar to a plan of subdivision, except that the roads and most other facilities are privately owned, rather than being owned and operated by the Township. Unlike most private road development by consent, there is a strong legal mechanism to maintain and repair commonly owned property such as these roads or private parkland, including mandatory condominium dues and a mandatory reserve fund. The condominium approval can also be used to require mandatory annual inspections of the individual septic systems on the property, dock size and location, protection of vegetation and trees, and protection of environmentally sensitive areas. Provincial Policy Statement The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. It 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. Although the application was submitted prior to the 2014 PPS, decisions of Council must be consistent with the PPS in place at the time of the decision. Some of the key areas under review for PPS consistency include: •
Section 1.1.5 – Rural Lands: The 2014 PPS further clarified land use policies in rural areas, and specified that permitted uses include resource-based recreational uses (including recreational dwellings).
•
Section 2.1 – Natural Heritage: The PPS states that, “natural features and areas shall be protected for the long term” (2.1.1), and further that any new development needs to recognize, “… linkages between and among natural heritage features and areas, surface water features, and ground water features” (2.1.2).
Planning Advisory Committee Public Meeting Report Review of Applications for Plan of Condominium – Part of Lots 22 & 23, Concession 1 and Part of Lots 22 & 23, Concession 2, Geographic Township of Clarendon, now in the Township of North Frontenac, File 10CD-2012/001 (Ardoch Lake) August 19, 2017 Page 3 of 7
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AGENDA ITEM #a)
•
Section 2.2 – Water: this section of the PPS requires planning authorities to protect, improve, and/or restore that quality and quantity of water and includes a list of measures to be considered – many of which are contained in the policies of the Township Official Plan.
Further review of the proposal will determine whether it is consistent with the Provincial Policy Statement. County of Frontenac Official Plan The County of Frontenac Official Plan was approved by the Ministry of Municipal Affairs and Housing in January 11, 2016 and came into force and effect on February 2, 2016. The plan sets out the general direction for planning and development by defining strategic goals, broad objectives and policies. 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 public 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 services and do not land lock any adjacent parcels. Finally, the proposed development is compatible with the surrounding area. Environmental Sustainability is also a focus of the Official Plan. Section 7 – Environmental Sustainability speaks to the need to maintain the County`s environmental health which in turn benefits the economy and society as well. The Environmental Impact Study concluded that the woodland and majority of the wetland on the property have limited ecological function. The study also identified features of interest, such as the butternut trees, and the setbacks required. Future consultation will be done with the commenting agencies to ensure the proposal is consistent with the County Official plan. Township of North Frontenac Official Plan (2003) The lands affected are designated as Lake Development Area (along the shoreline and approximately 120 metres in depth from the lake) and Rural in the Official Plan. Portions are also affected by Mineral Aggregate Resources and Waste Disposal Facility influence areas (see further comments in the Zoning Section). The ‘Lake Development Area’ section of the Official Plan recognizes the importance of protecting the water quality and waterfront character of a lake or river and contains a list of shoreline management policies for new waterfront development. The total lake capacity of Ardoch Lake for development has been raised as an issue. Section 3.16.2 O. of the Official Plan states that “Consents may not be granted for the creation of a new lot on a water body where the lake has reached its development capacity and no residual capacity exists for that water body.” The Mississippi Valley Planning Advisory Committee Public Meeting Report Review of Applications for Plan of Condominium – Part of Lots 22 & 23, Concession 1 and Part of Lots 22 & 23, Concession 2, Geographic Township of Clarendon, now in the Township of North Frontenac, File 10CD-2012/001 (Ardoch Lake) August 19, 2017 Page 4 of 7
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AGENDA ITEM #a)
Conservation Authority and the Ministry of the Environment both raised the possibility of the Township/County allocating development capacity among other lake owners. The developer has proposed to install above-average septic systems designed to remove most phosphorous content. The review of the application by planning staff indicates that the proposal conforms to the 2003 Official Plan policies. Township of North Frontenac Adopted Official Plan (2017) North Frontenac Township Council adopted a new Official Plan in May, 2017. The adopted Official Plan was reviewed by the County Planning Advisory Committee at its meeting held June 28th, 2017, and was recommended to County Council for approval. Following that recommendation, County Council deferred making a decision until additional revisions could be made to the Plan, including adding comments provided by the Mississippi Valley Conservation Authority (MVCA). The revised Plan is expected to be considered for approval by County Council at its September 20th meeting. It should be noted that this recently adopted Plan does not apply to the Ardoch Lake Development proposal as the application was deemed complete in 2012. Technical Circulation Process The application has been circulated to a number of internal departments and external agencies for review and comments. The responses to the technical circulation will be addressed in the technical review and included in the comprehensive report for consideration at a future Planning Advisory Committee meeting. As of this date of writing, comments have been received from the following agencies:
Township of North Frontenac KFL&A Public Health Malroz Peer Review (Hydrogeology) Ministry of Municipal Affairs and Housing Ministry of Environment Ministry of Culture Ontario Power Generation (OPG) Union Gas Canada Post Hydro One Mississippi Valley Conservation Authority
All comments provided by the commenting agencies listed above is available for review on the County`s Google Drive.
Planning Advisory Committee Public Meeting Report Review of Applications for Plan of Condominium – Part of Lots 22 & 23, Concession 1 and Part of Lots 22 & 23, Concession 2, Geographic Township of Clarendon, now in the Township of North Frontenac, File 10CD-2012/001 (Ardoch Lake) August 19, 2017 Page 5 of 7
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AGENDA ITEM #a)
Next Steps: Planning Advisory Committee / County Council The Public Meeting serves as an opportunity for residents to provide comments on the development proposal and to also inform the Committee about some of the local issues that affect the Ardoch Lake area. Following the public meeting planning staff will prepare a planning report to the Committee for their consideration that includes citizens’ comments as well as potential draft conditions of approval for the vacant land condominium. The Planning Advisory Committee may also determine that an additional Public Meeting is necessary North Frontenac Council At a later stage in the process, a staff report would be presented to Township Council for the Township to consider specific conditions of draft approval that would be relevant for the municipality. Examples of suggested Township conditions that are standard for approval of a plan of condominium or subdivision for waterfront development would include:
Requirement that the owner/developer agree to enter into a condominium agreement with the Township, to the satisfaction of the Township and to be registered on title of the subject land. The owner agree in writing to satisfy all requirements, financial or otherwise to the Township concerning the provision/upgrade of roads, installation of services, drainage works, utilities and all other required works in accordance with the Township’s standards. Agreement in writing that for waterfront lots that the natural soil and vegetation within the 30 metres setback area from the wetland/watercourse is not to be disturbed and is to be left in its natural state as of the date of draft approval and that the condominium agreement include provisions that that would require protection and or restoration of the 30 metre setback area.
Further, a Zoning By-law amendment is required to implement any draft plan of condominium. A Public Meeting will be required to be held by the Township should the process reach the stage where draft approval is contemplated. Notice Provisions: 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. A courtesy notice was also placed in The Frontenac New on July 27th, 2017 and in the Heritage Gazette on August 3rd, 2017. A courtesy notice was also placed on the County of Frontenac Website as well as on the Township of North Frontenac Website and was publicized through the County’s and Township’s Social Media outlets.
Planning Advisory Committee Public Meeting Report Review of Applications for Plan of Condominium – Part of Lots 22 & 23, Concession 1 and Part of Lots 22 & 23, Concession 2, Geographic Township of Clarendon, now in the Township of North Frontenac, File 10CD-2012/001 (Ardoch Lake) August 19, 2017 Page 6 of 7
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AGENDA ITEM #a)
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 & Economic Development Department Township of North Frontenac Members of the Public Commenting Agencies
Planning Advisory Committee Public Meeting Report Review of Applications for Plan of Condominium – Part of Lots 22 & 23, Concession 1 and Part of Lots 22 & 23, Concession 2, Geographic Township of Clarendon, now in the Township of North Frontenac, File 10CD-2012/001 (Ardoch Lake) August 19, 2017 Page 7 of 7
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2017-105 Planning Advisory Committee – Public Meeting Report… D.M. Wills Associates Limited 150 Jameson Drive Peterborough, Ontario Canada K9J 0B9 P. 705.742.2297 F. 705.741.3568 E. wills@dmwills.com
AGENDA ITEM #a)
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ARDOCH LAKE - REVISED PLAN Scho naue r
±
Rd 339.91 m
1A
1
Ardoch Lake
163.41 m
2 170.32 m
Cottage Ln
Block C
Road A
181.86 m
3 77.85 m 68.23 m
44.67 m
48.16 m 48.77 m 47.12 m
53.62 m 46.21 m
46.35 m
67.67 m 48.46 m 87.88 m
24
23
22
46.85 m 44.98 m
47.24 m
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44.52 m
48.43 m
46.76 m
11
Block A
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50.21 m
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Road B 29
OVERVIEW MAP
28
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30 26
25
0
100
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Metres
Produced Jan 21st, 2016 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.
Content may not reflect National Geographic’s current map policy. Sources: National Geographic, Esri, DeLorme, HERE, UNEP-WCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.
AGENDA ITEM #a)
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AGENDA ITEM #a)
August 9, 2017 Mr. Joe Gallivan, MCIP, RPP Director of Planning and Economic Development County of Frontenac 2069 Battersea Road Glenburnie, ON K0H 1S0 Re:
Ardoch Lake Developments Inc. – Status Update Application for Draft Plan of Vacant Land Condominium (Amended) (County File No. 10CD-2012/001) Application for Zoning By-law Amendment (Amended) Part of Lots 22 and 23, Concession 1 Part of Lots 22 and 23, Concession 2 EcoVue Reference: 14-1463
Dear Mr. Gallivan: This letter-report is intended to provide an update on the proposed draft plan of vacant land condominium in advance of the public meeting scheduled for August 19, 2017. Further revisions to the draft plan have been undertaken since the first public meeting that was conducted in August 2014. This letter-report provides information on the history of the application, the rationale behind the revisions that were made, and an evaluation of the proposed applications in the context of the applicable policy documents that impact land use in the County of Frontenac. 1.0
Application Background
The draft plan of vacant land condominium for the subject lands has undergone a series of revisions since it was first submitted to the County in 2011. The history of the project is described below. 1.1
2011 Application for Vacant Land Plan of Condominium
The initial application for the draft plan of vacant land condominium was dated December 2, 2011 (the “2011 application”), and was deemed complete by the County on January 4, 2012. An application for an amendment to the Township’s Zoning By-law was submitted at the same time. The condominium proposal included 45 lots (“units”) on private individual well and septic services, of which 28 were shoreline lots and 17 were backshore lots. Three rights-of-way were proposed to allow for access to the lots. Four open space blocks and two wetland blocks were included as part of the plan.
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AGENDA ITEM #a)
Ardoch Lake Developments Inc. - Status Update Part of Lots 22 and 23, Concessions 1 and 2, North Frontenac August 9, 2017 Page 2
A copy of the December 2011 draft plan of condominium is attached as Appendix A. 1.2
2014 Revised Application
Based on the initial review and communications with municipal and agency staff, a number of revisions were made to the draft plan of vacant land condominium. The revised draft plan was submitted to the County on June 12, 2014, as a revision to the original 2011 application. Revisions made to the draft plan at this stage included the following: •
The total number of residential lots was reduced from 45 to 34. The number of shoreline lots remained the same (28).
•
Lots 34 to 40 on the 2011 plan were merged into a single large lot labelled as Lot 34.
•
Due to the reduction of lots overall, lots 41 through 45 on the initial plan were renumbered as lots 29 through 33.
•
Lots 11, 12 and 13 on the 2011 plan were merged into two shoreline lots (labelled as Lots 7 and 8). The other lots were renumbered accordingly. This change was made by recommendation from Genivar (now WSP) to accommodate an acceptable lot servicing layout.
•
Former Open Space Block D, in addition to lots 1 through 5 on the 2011 plan, were merged with Lot 1 to create a new Lot 1. On the 2014 revised plan, former Block D is shown as Lot 1A, but Lot 1 and 1A are to be identified as one unit in the plan of condominium (containing one dwelling).
•
The southern boundary of Lot 1 was squared off, with the additional area being added to Open Space Block C.
•
Road C (formerly within Lots 1-5 of the 2011 plan) was removed. The updated (2014) lot pattern rendered this road unnecessary.
•
Based on Township comments, the width of Road B was widened from 14 metres to 20 metres.
•
The 2014 revised application indicated that the proposed 34 dwellings are for seasonal residential (rather than “detached residential” as indicated in the 2011 application).
A copy of the June 2014 revised draft plan of condominium is attached as Appendix B.
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AGENDA ITEM #a)
Ardoch Lake Developments Inc. - Status Update Part of Lots 22 and 23, Concessions 1 and 2, North Frontenac August 9, 2017 Page 3
2.0
Current Revised Draft Plan (2017)
Based on the results of a meeting with the County on February 12, 2015, further revisions to the draft plan were suggested by County planning staff and adopted into the current version dated 2017. The County indicated that the overall goal of these revisions was to enhance the protection of the wetland in the southeast portion of the lands, and ensuring as minimal change as possible to the water quality of Ardoch Lake. These changes resulted in a further reduction in the total number of lots from 34 (2014 plan) to 30. The number of shoreline lots has been reduced from 28 to 24, with six backshore lots.
The
following is a summary of the specific revisions: 1.
Lot Consolidations
The following lot consolidations were made in the area adjacent to the wetland. These consolidations occurred to reduce the amount of development and disturbance in the area of the wetland as well as to create larger lots in the areas where a steep slope is present. This would provide for a larger area near the right-of-way for the location of a cottage. Lot consolidations are as follows (referring to the lot numbers in the 2014 revised plan): •
Lots 1, 1A and 2 were combined and will be identified as one lot (“unit”) in the plan of condominium. On the draft plan, Lot 1A and 2 are now shown as Lot 1A.
•
Lots 3 through 5 were merged into one lot, which is now shown as Lot 2.
•
The entirety of Lot 6 and the eastern half of Lot 7 were combined with Block D and identified as Block C on the new plan.
•
The western half of Lot 7 was added to Lot 8 to create the new Lot 3.
•
Lots 9 through 11 were combined to create two relatively equal sized lots (Lots 4 and 5 of the new plan).
Lot Additions:
Block B was removed and converted into two residential lots (Lots 6 and 7). This area was originally proposed to be undeveloped, but was found that site conditions and topography of the Block were beneficial for development relative to lots on the east of the lands.
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AGENDA ITEM #a)
Ardoch Lake Developments Inc. - Status Update Part of Lots 22 and 23, Concessions 1 and 2, North Frontenac August 9, 2017 Page 4
Wetland Blocks
Blocks C, D and E were consolidated for the purpose of creating one large wetland block. This will allow for greater protection of the wetland, ensuring that a condition of approval would set out no development throughout the entire block. The above-noted changes are part of a proposed overall revision made to the existing formal application (i.e., 2011 as revised in 2014), and do not represent a formal resubmission of the draft plan of condominium at this time. Formal revisions can be submitted to the approval authority in consultation with the County and the Township. A copy of the 2017 revised draft plan of condominium is attached as Appendix C. 3.0
Additional Documentation
Several new and updated reports have been released since the 2014 public meeting as well as changes to provincial policy. These include: •
Provincial Policy Statement, 2014 (PPS) – report submitted in 2014 (and summarized below in Section 3.1);
•
Environmental Impact Study – Addendum (Niblett Environmental Associates Inc., March 2015);
3.1
•
Site Servicing Plan – Update (WSP, August 2017); and
•
Phosphorus Budget Assessment (MOECC, November 2015).
Provincial Policy Statement
The Provincial Policy Statement (PPS) provides a policy framework for land use within the Province of Ontario. The planning authorities must ensure that their decisions are consistent with key provincial interests. The PPS was updated in 2014 (the original 2011 condominium application and planning report addressed the 2005 version of the PPS). Selected policies that impact the proposal are highlighted below. 3.1.1
Wise Use and Management of Resources – Natural Heritage
According to Section 2.1 of the PPS, natural features and areas shall be protected for the long term and that development and site alteration shall not be permitted within significant natural areas and habitat of endangered and threatened species. Although there has never been any development
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AGENDA ITEM #a)
Ardoch Lake Developments Inc. - Status Update Part of Lots 22 and 23, Concessions 1 and 2, North Frontenac August 9, 2017 Page 5
proposed in the wetland area, its protection has been enhanced in the latest proposal, with the surrounding open space block being consolidated into the wetland block. It is therefore our opinion that the application is consistent with Section 2.1 of the PPS. 3.1.2
Water
Section 2.2.2 of the PPS states that “development and site alteration shall be restricted in or near sensitive surface water features and sensitive groundwater features…”. The number of shoreline lots has been reduced since the submission of the application, from 28 to 24. The applicant has also proposed to use a phosphorus reduction technology for the sewage systems of the shoreline lots. According to the MOECC (further described below), the condominium development as modelled for “extended seasonal” usage, represents an acceptable change in the phosphorus levels of Ardoch Lake. The application conforms to this section of the PPS. 3.1.3
Natural and Human-Made Hazards
Section 3.1 of the PPS addresses development that occurs within natural and human-made hazards. Where steep slopes have been identified as being potentially problematic for development, the draft plan has been revised to include larger lots, allowing for a greater area that is suitable for the placement of a cottage. The application is consistent with Section 3.1 of the PPS. 3.2
Environmental Impact Assessment – Addendum (Niblett Environmental Associates
Inc., March 2015) Niblett Environmental Associates Inc. (Niblett) prepared an addendum to their Environmental Impact Study to reflect the changes made to the draft plan. It is their conclusions that the consolidation of a number of the eastern lots provides for larger shoreline frontages and lot sizes, which allows for more options on where to place the dwelling and septic especially for lots where the topography was concerned. The new layout allows for greater setbacks from shoreline and wetland features. Niblett concludes that the revised draft plan of condominium does not change their recommendations, impact assessment or conclusions in the original EIS and subsequent response letters. Niblett’s letter is attached as Appendix D. 3.3
Site Servicing Plan – Update (WSP, August 2017)
To be submitted under a separate cover at a later date as Appendix E.
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AGENDA ITEM #a)
Ardoch Lake Developments Inc. - Status Update Part of Lots 22 and 23, Concessions 1 and 2, North Frontenac August 9, 2017 Page 6
3.4
Phosphorus Budget Assessment (Ministry of the Environment and Climate Change, November 2015)
The Ministry of the Environment and Climate Change (MOECC) prepared a Phosphorus Budget Assessment based on the revised draft plan of condominium. The report concludes that the impacts on the phosphorus concentrations on Ardoch Lake are considered acceptable as a result of the proposed development considered as extended seasonal usage. It is also recommended that the septic systems for the backshore lots be setback from the lake 300 metres. This can be accommodated under the current lot configuration. The letter from the MOECC, including the Lakeshore Capacity Model, is attached as Appendix F. 4.0
Zoning By-law Amendment
EcoVue has prepared a draft zoning by-law amendment for the associated draft plan of condominium, for review and discussion with the County and Township. This draft amendment is attached as Appendix G of this report.
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AGENDA ITEM #a)
Ardoch Lake Developments Inc. - Status Update Part of Lots 22 and 23, Concessions 1 and 2, North Frontenac August 9, 2017 Page 7
5.0
Summary
In conclusion, the proposed revisions to the draft plan of condominium are consistent with or conform to all applicable provincial and municipal policies and regulations and provide greater protections to the shoreline and wetland areas of the subject property. Yours sincerely, ECOVUE CONSULTING SERVICES INC.
Peter A. Josephs, B.Sc., M.PL., MCIP, RPP Senior Planner
Nolan Drumm, B.A., B.URPl Planner
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AGENDA ITEM #a)
Appendix A Ardoch Lake Draft Plan of Condominium Version 1: December 2, 2011 D.M. Wills Associates Limited
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Appendix B Ardoch Lake Draft Plan of Condominium Version 2: June 12, 2014 D.M. Wills Associates Limited
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AGENDA ITEM #a)
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Appendix C Ardoch Lake Draft Plan of Condominium Version 3: January 24, 2017 D.M. Wills Associates Limited
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2017-105 Planning Advisory Committee – Public Meeting Report… D.M. Wills Associates Limited 150 Jameson Drive Peterborough, Ontario Canada K9J 0B9 P. 705.742.2297 F. 705.741.3568 E. wills@dmwills.com
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Appendix D Environmental Impact Study Addendum Review of Latest Site Plan (March 26, 2015) Niblett Environmental Associates Inc.
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March 26, 2015
PN 06-074
Mr. Colin Scott c/o Mr. Peter Josephs Peter Josephs, M.PL., MCIP, RPP Senior Planner EcoVue Consulting Services Inc. 311 George St. N. Suite 200 Peterborough ON K9J 3H3
Subject:
Ardoch Lake Vacant Land Plan of Condominium, Lots, 22 and 23, Concession 2 (Geographic Township of Clarendon) Township of North Frontenac, Ardoch Lake
Environmental Impact Study-Addendum Review of latest site plan (March 2015)
Dear Mr. Josephs, Niblett Environmental Associates Inc. has been working with the client and agencies on this project for several years. We have received reviews by the Township and Mississippi Valley Conservation Authority (MVCA) twice for the original and later site plan on the draft plan and our EIS report on February 27 2012 and a subsequent memo to the County of Frontenac (memo from Matt Craig , Dec. 11, 2012) included several additional comments. Responses to previous reviews by MVCA have been submitted by NEA (March 18, 2013; October 18, 2012). Those responses included updates to our assessment based on changes to the lot uses, layout, setbacks and septic locations. The site plan that was the subject of those 2012 and 2013 responses was based on 28 shoreline and 5 backshore lots. Lots 1-8 were adjusted slightly to accommodate the road frontages, buffers and area for the house and septic footprints and for topographic reasons. Recent discussions have led to a new revised site plan (March 2015) that has reduced the number of shoreline lots to 24 with 6 backshore lots. Changes to the shoreline frontages due in part to topographic issues have resulted in adjustments to many of the shoreline lots. Block D has been widened to include larger buffers and additional shoreline. The following comments are related to the revised site plan.
55 Mary Street West, Suite 112, Lindsay, Ontario K9V 5Z6 Email: mail@niblett.ca
Tel: (705) 878-9399
Fax: (705) 878-9390
website: www.niblett.ca
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Ardoch Lake plan of condominium Addendum to EIS
- The amalgamation of former lots 1-5 into two lots has created options for placement of the dwelling and septic system that provide larger setbacks from the wetland and lakeshore and longer shoreline frontages. The topography was the main factor for those lot changes, not biological constraints.
- The larger shoreline frontage on new Lot #2 ( former lots 3, 4 and 5) and new Lot #3 (former lots 7 and 8) also provides more options for locating the dwelling and septic. This has resulted in options for the building envelope to be at least 50 metres (minimum) and up to 90 metres from the wetland and potentially greater than 30 m from the lakeshore. The lot is also setback further from the outlet creek from the wetland.
- Block D along the lake shoreline has been widened substantially providing a buffer greater than 85 m on both sides of the outlet creek. The original buffer was 15 m. In addition, the Block is located at the closest point to the wetland and creates an increased separation from the wetland and the lake. This will have a benefit to wildlife moving between the two features, enhance water quality and protect a larger section of forest and forested shoreline habitat. The shoreline frontage within the block has been increased from 30 m to over 160 metres, encompassing a forested area of 3.65 acres. The widening of the Block D also moves the residential lots to the east and west, increasing the wetland setback from the nearest potential dwelling on the adjacent western lot (2.91 acres) to over 90 metres and to over 50 metres from the adjacent eastern lot (5.85 acres).
- The removal of shoreline park Block B and replacement with two lots, does not have any additional impacts in terms of the conclusions of our EIS.
Conclusions The changes to the lot layout have provided for larger shoreline frontages on several eastern lots and reduced the shoreline lot numbers from 28 to 24 along Ardoch Lake. This has resulted in greater setbacks from the wetland features. Overall the reduced lot numbers have not changed the recommendations, impact assessment or conclusions in the EIS and subsequent response letters. There will still be no negative impacts on the natural features or their ecological functions of the wetland or Ardoch Lake from this development, if our recommendations are implemented. If more information on the above responses is required, please contact me. Sincerely,
Chris Ellingwood, President and Sr. Terrestrial and wetland biologist
Niblett Environmental Associates Inc. 2
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Appendix E Site Servicing Study WSP Group
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Appendix F Ardoch Lake Phosphorus Budget Assessment Ministry of the Environment and Climate Change
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AGENDA ITEM #a) Ministry of the Environment and Climate Change
Ministère de l’Environnement et de l’Action en matière de changement climatique
P.O. Box 22032 Kingston, Ontario K7M 8S5 613/549-4000 or 1-800/267-0974 Fax: 613/548-6908 Fax: 613/548-6908
C.P. 22032 Kingston (Ontario) K7M 8S5 613/549-4000 ou 1-800/267-0974
MEMORANDUM TO:
Jon Orpana Planner – Air, Pesticides and Environmental Planning Technical Support Section Eastern Region
FROM:
Victor Castro Surface Water Scientist Technical Support Section Eastern Region
RE:
Proposed Ardoch Lake Condominium Part of Lot 22 and 23, Concession 1 and 2 Township of North Frontenac
November 17, 2015
The following comments provide an update on the proposed Ardoch Lake Condomium application as it relates to the Phosphorus Budget Assessment and changes that have been made to the development proposal. These comments are a follow-up to the meetings we had with Mr. Joe Gallivan, Director of Planning, County of Frontenac on June 15, 2015 and a subsequent meeting with Mr. Gallivan and Messrs. Gord Mitchell and Matt Doyle from the Kingston, Frontenac Lennox & Addington Public Health Unit on September 21, 2015. This application has seen a number of iterations since the first technical report was submitted in 2011. As a result, the Phosphorus Budget Assessment has been revised several times by the consultant to address: 1) changes in lot numbers and configuration; 2) occupancy type for existing and proposed development; and 3) use of phosphorus reduction technologies. The latest changes to the development proposal have been modelled by the Ministry of the Environment and Climate Change (MOECC) at the request of the County of Frontenac. This model-run incorporates the following modifications and/or assumptions: 1.
The Ardoch Lake condominium proposal has reduced the number of waterfront lots from 28 to 24. Six (6) backlots are still proposed, however, these lots have considerable land areas that are beyond 300 metres from the lake. At these distances they have not been included in the impact assessment.
The County of Frontenac has directed that all existing and vacant lots of record, including the condominium development proposal, be modelled as “extended seasonal” uses.
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There have been three (3) new lots recently created by severance on the shores of Ardoch Lake. These lots, along with the nineteen (19) existing properties, have been factored into the model.
The developer has proposed to use a phosphorus reduction technology (Premier Tech Aqua) for the sewage systems servicing all twenty four (24) waterfront lots to minimize impacts on water quality of Ardoch Lake. This technology has been reviewed by MOECC and is capable of consistently achieving a phosphorus effluent limit of at least 1 mg/L. This effluent concentration has been factored into the model.
Consideration of downstream impacts to Malcolm Lake.
Modelling results are attached to this memorandum. Three (3) development scenarios were run as per the direction of the County of Frontenac: 1) existing development conditions including a predicted background (pre-development) total phosphorus (TP) concentration and a calculated background plus 50% TP threshold; 2) conversion of all existing development and vacant lots of record to extended seasonal; 3) addition of condominium development (with phosphorus treatment) to scenario #2. The following table provides a summary of the key modelled results: Modelled Scenario Background (Pre-development) Background plus 50% TP Threshold #1 Existing Development #2 Existing Development and Vacant Lots Converted to Extended Seasonal Usage #3 Condominium Development (with TP treatment) added to Scenario #2
Predicted TP concentration (ug/L) 6.36 9.54 7.77 8.63 9.00
As you can see from the above table, the modelled background TP concentration for Ardoch Lake is 6.36 ug/L. The calculated background plus 50% threshold is therefore 9.54 ug/L. Under the existing development scenario (#1), the predicted lake TP concentration is 7.77 ug/L. This predicted concentration is within 7.4% of measured values for Ardoch Lake. This is considered an acceptable modelling estimate. Converting all the existing cottages and vacant lots of record to extended seasonal usage results in the lake phosphorus concentration increasing to 8.63 ug/L (Scenario #2). The model further predicts that the condominium development will increase the lake TP concentration to 9 ug/L (Scenario #3). This small relative change from 8.63 ug/L to 9 ug/L is attributed to the significant loading reductions resulting from the
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installation of the phosphorus treatment units. Depending on the phosphorus levels in the raw sewage influent, these units are capable of reducing sewage phosphorus by 80% to 89% before the final effluent even goes into the leaching field. The leaching field will provide further attenuation of phosphorus, particularly if they are constructed using acidic soils. Under the modelled scenarios, both the conversion of existing cottages to extended seasonal and the condominium development will increase phosphorus levels in Ardoch Lake. These increases are below the background plus 50% threshold and would therefore be considered an acceptable change in lake phosphorus levels. The above comments only address phosphorus impacts to Ardoch Lake. Other concerns have been raised related to recreational and aesthetic values such as increased boat traffic and congestion, boat safety issues, increased noise, visual impairment and increased fishing pressures. These issues cannot be addressed through the lake capacity assessment and are not within the mandate of the MOECC. I will defer these matters to the planning authority and other appropriate agencies. In terms of phosphorus impacts to the downstream Malcolm Lake, I have previously indicated that the lakeshore capacity model does not predict within acceptable limits for this lake. In such cases, the default position would be to apply the Interim Provincial Water Quality Objective (PWQO) for phosphorus of 10 ug/L. With measured spring phosphorus levels averaging around 7.5 ug/L for Malcolm Lake, I do not expect that the upstream load would result in exceedances of the PWQO. Conclusions and Recommendations: 1.
Impacts on Ardoch Lake phosphorus concentrations resulting from the conversion of existing development to an extended seasonal usage and the proposed condominium are considered acceptable.
Modelled phosphorus loadings attributed to the condominium development are based on the installation of phosphorus reduction technology. Without phosphorus treatment, Ardoch Lake would only have capacity for eight (8) condominium lots (assuming an extended seasonal usage for all development).
The sewage systems for each individual lot will require a Permit issued by the Kingston, Frontenac Lennox & Addington Public Health Unit, under the Ontario Building Code (OBC). This Permit does not regulate the phosphorus treatment unit since phosphorus is not currently a regulated contaminant under the OBC. As such, it will be important for the development agreements to ensure that: 1) the phosphorus add-on units are incorporated onto the approved septic system; 2) phosphorus add-on units are maintained and inspected as per manufacturer
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specifications; 3) a monitoring program be implemented; 4) monitoring results be provided to the County of Frontenac, Health Unit and MOECC. I can provide the County of Frontenac with more details regarding an appropriate monitoring frequency, parameters, and reporting structure if and when they get to that stage. 4.
The Zoning By-law for the six (6) backlots should require that all septic systems be located beyond the 300 metre setback from the lake.
The waterfront lots should maintain a minimum 30 metre setback for all structures and sewage systems, and the buffer lands should be protected during and after construction.
Full sized leaching beds should be incorporated into the design of the sewage systems to provide enhanced treatment of the final effluent. All lots are large enough to accommodate full sized beds. Leaching beds should be constructed with imported acidic soils to promote phosphorus attenuation.
If you have any questions regarding the above, please contact me at (613) 540-6862.
Victor Castro, B.Sc. M.Pl. VC/kh Attachments ec:
Greg Faaren, Water Resources Unit Supervisor Tara MacDonald, Ottawa District Office Supervisor Joe Gallivan, Director of Planning, County of Frontenac Gord Mitchell, Kingston Frontenac Lennox & Addington Public Health Unit Matt Doyle, Kingston Frontenac Lennox & Addington Public Health Unit
c:
File SW 13 04 01 07 02 (Ardoch Lake)
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Appendix G Draft Zoning By-law EcoVue Consulting Services Inc.
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ARDOCH LAKE DEVELOPMENTS INC. PT. LOTS 22 & 23, CONC. 1 & 2 (CLARENDON)
THE CORPORATION OF THE TOWNSHIP OF NORTH FRONTENAC BY-LAW NO. 2017-___ “DRAFT FOR REVIEW PURPOSES”
Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to amend By-law No. 15-04, as amended, the Township of North Frontenac Comprehensive Zoning By-law, with respect to certain lands located in Part of Lots 22 and 23, Concessions 1 and 2, (Geographic Township of Clarendon), Township of North Frontenac. WHEREAS By-law No. 15-04 was passed under the authority of Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and regulates the use of land and the use and erection of buildings and structures within the Township of North Frontenac; AND WHEREAS the Council of the Township of North Frontenac conducted a public meeting in regard of the subject application as required by Section 34(12) of the Planning Act, R.S.O. 1990, as amended; AND WHEREAS Section 34 of the Planning Act, R.S.O. 1990, as amended, permits Council to pass an amending Zoning By-law, and the Council of the Township of North Frontenac deems it advisable to amend By-law No. 15-04 with respect to the lands described in this By-law; AND WHEREAS the matters herein are in conformity with the provisions of the Official Plan of the Township of North Frontenac, as amended; NOW THEREFORE the Council of the Township of North Frontenac hereby enacts as follows:
- By-law No. 15-04, as amended, is hereby amended as follows: (a) Schedule “A2” – Ward II of By-law No. 15-04, as amended, is hereby amended by changing the zone category of certain lands located in Part of Lots 22 and 23, Concessions 1 and 2, from the “Rural and Limited Service Rural (LSR) Zone” and the “Waterfront Residential (RW) Zone” to the “Waterfront Residential Exception 6 (RW-X6) Zone” and the “Environmental Protection (EP) Zone”, as shown on Schedule “A” attached hereto and forming part of this By-law.
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(b) Section 5.6.4 of By-law No. 15-04, entitled “Exception Zones” is hereby amended by the addition of a new subsection “m” – “Ardoch Lake Plan of Vacant Land Condominium”, which shall read as follows: “(m)
Ardoch Lake Vacant Land Plan of Condominium, Lots 22 and 23, Concessions 1 and 2 Notwithstanding any other provisions of this By-law to the contrary, on the lands zoned RW-X6 the following provisions shall apply: (a) Permitted Uses: (i)
Accessory Use
(ii)
Bed and Breakfast Establishment
(iii)
Dwelling – Seasonal
(iv)
Group Home
(v)
Home Based Business
(vi)
Park
(vii)
Parking Area
(viii)
Public Service Use
(ix)
Public Utility
(x)
A Shoreline Structure shall permit a private dock only.
(b) Special Regulations: (i)
The minimum setback from the high water mark of Ardoch Lake shall be 30 metres (98.4 ft.);
(ii)
Section 4.1.1(h) shall not apply save and except for a maximum of one private dock per lot;
(iii)
Section 4.1.1(k) shall not apply;
(iv)
Section 4.20 (b) shall not apply;
(v)
Section 4.21.1(b) shall not apply and no use of land, building or structures except a conservation use shall be
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permitted within 30 metres (98.4 ft.) of a Significant Wetland; (vi)
Section 4.22.1 (a) shall require a maximum Shoreline Activity Area width of 3 metres (9.8 ft.);
(vii)
Section 4.22.2 shall require a minimum Shoreline Frontage depth of 30 metres (98.4 ft.);
(viii)
All other provisions of this By-law, as amended, shall apply.”
- This By-law shall become effective on the date that it is passed by the Council of the Township of North Frontenac, subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended.
- The Clerk is hereby authorized and directed to proceed with the giving of notice under Section 34(18) of the Planning Act, R.S.O. 1990, as amended.
READ a first and second time this _____ day of ____________, 2017.
MAYOR
CLERK
READ a third time and finally passed this _____ day of ____________, 2017.
MAYOR
CLERK
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Lands to be rezoned from the “Waterfront Residential (RW) Zone” to the “Environmental Protection (EP) Zone” Lands to be rezoned from the “Waterfront Residential (RW) Zone” to the “Waterfront Residential Exception Six (RW-X6) Zone” Lands to be rezoned from the “Rural and Limited Service Rural (LSR) Zone” to the “Waterfront Residential Exception Six (RW-X6) Zone” Lands to be rezoned from the “Rural and Limited Service Rural (LSR) Zone” to the “Environmental Protection (EP) Zone” Subject Property: Lots 22 and 23, Concessions 1 and 2 Geographic Township of Clarendon (Ward II) Township of North Frontenac, County of Frontenac PROJECT NO: DATE:
HORIZ. SCALE:
Township of North Frontenac Schedule “A” to By-law No. 2017-___ Passed this __ day of ____, 2017
14-1463 July 2017 1:10,000
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Mayor
Clerk
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