Body: Planning Committee Type: Agenda Meeting: Public Date: 2020 Collection: Council Agendas Municipality: Frontenac County
[View Document (PDF)](/docs/frontenac-county/Published Agendas/Advisory Committees of Council/Planning Advisory Committee/2020/Planning Advisory Committee - Public Meeting - Ardoch Lake - Agenda.pdf)
Document Text
Planning Advisory Committee Meeting Public Meeting Wednesday, July 22, 2020 – 6:30 p.m. Meeting to be held in Virtual Electronic Format and live streamed on the County of Frontenac’s YouTube Channel
https://youtu.be/nOpFcOHs3EM to register for the meeting or learn how to participate, please visit: https://www.frontenaccounty.ca/en/business/current-planningapplications.aspx#
AGENDA Page 1.
Call to Order
Disclosure of Pecuniary Interest and General Nature Thereof
Public Meeting Reports to the Planning Advisory Committee Public Meeting Introduction Notice of Collection – Personal information collected as a result of this public meeting 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 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. 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
Page 1 of 10
Page applications to County Council. County Council is the approval authority for all applications for Plans of Subdivision and Plans of Condominium. a) 2020-067 Public Meeting Application for Ardoch Lake Draft Plan of Vacant Land Condominium (10CD/2012-001)
3 - 10
This report provides information on an amended application for a proposed plan of vacant land condominium on which the Planning Advisory Committee is seeking input from the public. The Planning Advisory Committee elected to hold an additional public meeting, exceeding requirements of the Planning Act, to solicit feedback from the public on the amended draft plan. Two statutory public meetings were held to review the draft plan in August 2014 and August 2017. 4.
Communications
Next Meeting
Adjournment
Page 2 of 10
AGENDA ITEM #a)
Report 2020-067 Committee information Report To:
Chair and Members of the Planning Advisory Committee
From:
Megan Rueckwald, Manager of Community Planning
Date of meeting:
July 22, 2020
Re:
Public Meeting – Application for Ardoch Lake Draft Plan of Vacant Land Condominium (10CD/2012-001)
Recommendation This report provides information on an amended application for a proposed plan of vacant land condominium on which the Planning Advisory Committee is seeking input from the public. The Planning Advisory Committee elected to hold an additional public meeting, exceeding requirements of the Planning Act, to solicit feedback from the public on the amended draft plan. Two statutory public meetings were held to review the draft plan in August 2014 and August 2017. Background The following is a public meeting report to the Planning Advisory Committee regarding an application for a plan of vacant land condominium submitted submitted by EcoVue Consulting Services on behalf of Ardoch Lake Developments Inc., with respect to lands described as Part of Lots 22 & 23, Concessions 1 and 2, Geographic Township of Clarendon, Township of North Frontenac, County of Frontenac. The application was deemed complete on January 4, 2012, and notice of complete application circulated pursuant to the Planning Act. The original submission proposed the creation of 28 waterfront units and 17 inland units, totalling 45 residential units, with three internal roads and six open space/wetland blocks on the subject property. Several amendments have been made to the draft plan in response to comments received through the technical circulation and public meetings since the time of submission. On March 13, 2020, an amended application was received by the County. The amended development consists of 17 waterfront and 6 inland residential units to be serviced with private services (23 units total) with access along 2 blocks of common element roads with 3 blocks for open space/wetland and 1 block for communal
Committee Information Report Public Meeting – Amended Application for Ardoch Lake Draft Plan of Vacant Land Condominium (10CD/2012-001) July 22, 2020 Page 1 of 8
2020-067 Public Meeting Application for Ardoch Lake Draft Plan of Vacant…
Page 3 of 10
AGENDA ITEM #a)
docking/water access. This report provides an overview of the amended application and changes that have been made since the August 2017 public meeting. Public Meeting Process Anyone may attend the public meeting and make a verbal statement, and/or submit comments in writing, either in support of or in opposition to the application. If a person or public body does not make oral submissions at a public meeting or make written submissions to the County of Frontenac in respect of the proposed plan of vacant land condominium before the approval authority gives or refuses to give approval to the draft plan, the person or public body is not entitled to appeal the decision of the County of Frontenac to the Local Planning Appeal Tribunal. If a person or public body does not make oral submissions at the public meeting or make written submission to the County of Frontenac in respect of the proposed plan before the approval authority gives or refuses to give approval to the draft plan, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. On September 3, 2019, the Province proclaimed key amendments to the Planning Act and Local Planning Appeal Tribunal Act, 2017 in Bill 108. Amendments to Local Planning Appeal Tribunal Act, 2017, restrict third party appeals of plan of subdivision/condominium decisions including appeals from members of the public. Agencies, including the Township of North Frontenac, retain appeal rights on the decision County Council on subdivision and condominium files. The Planning Advisory Committee will consider a comprehensive report and recommendation, respecting the subject application, at a future Planning Advisory Committee meeting. The Committee will make its recommendation to County Council at the future meeting. Anyone wishing to be notified of Council’s decision on the subject application must submit a written request to: County of Frontenac, Planning and Economic Development 2069 Battersea Rd. Glenburnie, ON K0H 1S0 planning@frontenaccounty.ca Any member of the public may submit written comments on the application up until County Council makes a decision on the file. Comments Since the August 2017 Public Meeting, several revisions have been made to the draft plan to address municipal, provincial and technical agency comments received. These include:
Committee Information Report Public Meeting – Amended Application for Ardoch Lake Draft Plan of Vacant Land Condominium (10CD/2012-001) July 22, 2020 Page 2 of 8
2020-067 Public Meeting Application for Ardoch Lake Draft Plan of Vacant…
Page 4 of 10
AGENDA ITEM #a)
Reduction of waterfront units from 24 to 17 units: waterfront units range from 0.80 hectares to 6.44 hectares in area with 61 meters to 207 meters of waterfrontage along Ardoch Lake; Inclusion of “Wetland Community 10” and associated 30 meter buffer on the Draft Plan and Site Servicing Plan (located on Block A and a portion of units 15 and 16); Introduction of a single communal dock located on new “Block D”, private docks are no longer proposed on individual waterfront units; Revision to the Site Servicing Plan to show the new lot fabric and building location relative to the required 30 meter setback from the highwater mark and Wetland Community 10 and 300 meter septic system setback for inland lots as recommended by the Ministry of the Environment, Conservation and Parks; Addition of a note within the Site Servicing Plan detailing phosphorous controls are per Ministry requirements; and A review of the proposed development for consistency with the 2020 Provincial Policy Statement and conformity with the Township of North Frontenac Official Plan, 2017 and County of Frontenac Official Plan, 2016.
The amended submission includes a review for conformity to the 2017 Township of North Frontenac Official Plan and compliance with the 2019 Township of North Frontenac Zoning By-law. All waterfront units meet the minimum area requirements set out in the Township of North Frontenac Official Plan of 0.8 hectares. The average waterfrontage for all waterfront units is 91 meters/unit with the frontages ranging in length from 61.6 – 207.8 meters. The amended proposal considers comments received from the public and agencies, addressing concerns and lightening the footprint of the development though a reduction in waterfront lots and restriction of shoreline structures on individual lots in favour of a communal docking system. In 2018, Ministry of the Environment, Conservation and Parks provided an update on the lake capacity model to assess the condominium application and its impact on the trophic status of the lake. The County of Frontenac directed that the condominium development be modelled as “permanent year-round residential” and that the sewage systems for all of the waterfront units will use a phosphorous reduction technology capable of consistently achieving a phosphorous effluent concentration of at least 1mg/L. The Ministry concluded that the Ardoch Lake phosphorous concentrations resulting from the conversion of the existing development to extended seasonal usage and the proposed condominium were considered an acceptable change in phosphorus levels. In March 2020, an amended application was submitted to the County of Frontenac. The amended application and supporting studies have been circulated to technical agencies including Mississippi Valley Conservation, Ministry of the Environment, Conservation and Parks and KFL&A Public Health. Comments received are included as attachments to this report (Attachments 7-9) with an overview provided. Ministry of the Environment, Conservation and Parks In comments dated May 29, 2020, Ministry staff supported the application as revised given consideration to the amendments to the development which further Committee Information Report Public Meeting – Amended Application for Ardoch Lake Draft Plan of Vacant Land Condominium (10CD/2012-001) July 22, 2020 Page 3 of 8
2020-067 Public Meeting Application for Ardoch Lake Draft Plan of Vacant…
Page 5 of 10
AGENDA ITEM #a)
lighten the footprint of the proposal and through conversations with County staff regarding the lower tier’s understanding of the ongoing maintenance, monitoring, reporting and inspection of phosphorous reduction technology inclusion in the septic system design. Mississippi Valley Conservation Authority (MVCA) In comments revised June 3, 2020, MVCA completed a review of the amended application with consideration to the revised Environmental Impact Statement including fish habitat and communal docking, heron colony, lakes/wetlands, and watercourses. The comments received also included review of the lot development and site assessment, stormwater management plan, and site servicing and lake capacity. MVCA staff recommended clarification on the recommended development setback from the two identified tributaries of the lake identified in their assessment of watercourses and also included recommended draft plan conditions. Two conditions were highlighted in the comment letter including:
- The preparation of one final EIS that incorporates all recommendations of all versions and Addendums, for ease of reference in the Draft Plan Conditions and for future homeowners. In addition, the following modifications to Section 7.0 Recommendations in the EIS are recommended:
Include all recommendations found throughout the EIS, including recommended setbacks from both wetlands, and the retention of vegetative buffers from wetlands, watercourses, and lake. Amend recommendation 3) to include a maximum tree clearing, in terms of a percentage; Amend recommendation 8), concerning approvals for the communal dock to add MVCA as an approval agency.
- A Constraints Plan shall be prepared that shows all natural heritage features and natural hazards and their recommended setbacks and vegetative buffers, in relation to the proposed building envelopes, as follows:
Ardoch Lake, its 30m setback and vegetative buffer; Two tributaries, their development setback and vegetative buffer; Two wetlands, their 30m setback and vegetative buffer; Active Herony Colony and 300m setback; Walleye Spawning Area; 10 m setback from the crest of slopes exceeding 3:1 (H:V) and 3m in height; Proposed building envelope including dwelling, septic, laneway.
KFL&A Public Health Comments received June 1, 2020, indicate that KFL&A Public Health have no objection to the proposal and included conditions to be included as part of draft plan approval and the subsequent condominium agreement. The conditions included:
The site servicing plan showing the location of the house, well and the envelopes for the primary and alternative sewage system locations is to
Committee Information Report Public Meeting – Amended Application for Ardoch Lake Draft Plan of Vacant Land Condominium (10CD/2012-001) July 22, 2020 Page 4 of 8
2020-067 Public Meeting Application for Ardoch Lake Draft Plan of Vacant…
Page 6 of 10
AGENDA ITEM #a)
be provided to all purchasers of lots in the subdivision, along with all of the conditions listed below that will become part of the subdivision plan. The reserved areas for the primary and alternate sewage system locations much each by 500m2; the mantle portion of the reserved areas may overlap. 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 is to take place in the primary or alternate locations. Existing soil conditions may necessitate the importation of suitable fill for the installation of the sewage system, resulting in partially or fully raised sewage systems. As the sewage systems are raised, pumps may be required. Deviations from the locations on the site servicing plan with respect to sewage location may require the submission of an engineering report/design and terrain analysis supporting the proposed changes (including the potential impact on adjoining properties).
At the June 22, 2020, Planning Advisory Committee meeting, Councillor Higgins provided a map from the Malcom and Ardoch Lakes Landowner’s Association confirming that the “Potential Walleye Spawning Grounds” along Units 10-13 are confirmed spawning grounds. The applicant’s agent has been advised of this and the next iteration of the draft plan will be updated and labelled accordingly to show the confirmed spawning grounds.
Figure 1. Map of confirmed walleye spawning grounds in the vicinity of the Ardoch Lake Draft Plan of Vacant Land Condominium along Units 10-13. Image curtesy of the Malcom and Ardoch Lakes Landowner’s Association (MALLA). In response to the comments received from Mississippi Valley Conservation Authority, KFL&A Public Health and the County of Frontenac and in preparation for the July 22nd, Committee Information Report Public Meeting – Amended Application for Ardoch Lake Draft Plan of Vacant Land Condominium (10CD/2012-001) July 22, 2020 Page 5 of 8
2020-067 Public Meeting Application for Ardoch Lake Draft Plan of Vacant…
Page 7 of 10
AGENDA ITEM #a)
2020 Public Meeting, EcoVue Consulting Services prepared a Response to Comments letter dated July 10, 2020 (Attachment 12). The response reviews the recommendations of the commenting agencies and highlights amendments made to the proposed draft plan and conditions of draft plan approval. Documents submitted with the Response to Comments letter include:
Amended Draft Plan of Vacant Land Condominium prepared by DM Wills, July 2020, which includes an overlay of all development constraints identified on the property, including but not limited to setbacks, confirmed spawning grounds, and identification of natural features (Attachment 10)
Update to Environmental Impact Study prepared by GHD (formerly Niblett Environmental Associates), July 10, 2020, which responds to the comments provided by Mississippi Valley Conservation Authority and compiles all recommended environmental conditions of draft plan approval into a single document (Attachment 13).
Amended Concept Plan prepared by WSP, July 2020, with identified natural heritage constraints and setbacks, inclusion of the 300 meter setback for the placement of septic systems for the inland units, and demonstration of primary and alternative sewage system location each with an area of 500m2 (Attachment 11).
2020 Provincial Policy Statement Consistency Letter prepared by EcoVue Consulting Services, July 10, 2020, demonstrating how the proposed development is consistent with the new Provincial Policy Statement (Attachment 14).
Public Comments – Amended Application The amended application and public meeting notice were circulated in accordance with the Planning Act. Members of the public were encouraged to participate in the public meeting to provide verbal comments or to submit written comments to the Planning Department. To date, the County has received two written requests for additional information and one phone conversation, two requests on clarification for participation in the meeting, six comments of objection on the amended application. Comments received on the amended application are included as Attachment 15. Planning staff will provide an update on any additional public comments received from the date of preparation of this report until the public meeting. Written comments may be received up until County Council makes a decision on the application. Strategic Priority Implications In 2019, the Council of the Corporation of the County of Frontenac adopted the County of Frontenac Strategic Plan 2019 – 2022 with the mission of effective, efficient and sustainable delivery of services to citizens.
Committee Information Report Public Meeting – Amended Application for Ardoch Lake Draft Plan of Vacant Land Condominium (10CD/2012-001) July 22, 2020 Page 6 of 8
2020-067 Public Meeting Application for Ardoch Lake Draft Plan of Vacant…
Page 8 of 10
AGENDA ITEM #a)
Priority 1: Get behind plans that build community vitality and resilience in times of growth and change. This priority responds to high interest as well as concern shared broadly across the County that communities in the Frontenacs be well supported with infrastructure and services essential to vitality and sustainability in today’s world. This strategy also responds to the pressures for managing growth, housing and development wisely, in ways that are sensitive to local values and priorities. Objectives in support of this strategy:
Refine and invest in efforts to accelerate economic development — to grow businesses, attract more visits and expand the tax base.
Pursue proactive planning approaches that reflect local concerns and priorities within strategic regional planning policy so as to enhance service levels, manage rising demand for new housing and deal with new types of development.
The County of Frontenac is the approval authority for plans of subdivision and condominium across the County. The County works collaboratively with the Townships, commenting agencies, the public and the applicant throughout the review process to ensure proper development controls are in place to support good planning. Financial Implications All financial implications of this development will be borne by the developer through the draft plan conditions and the condominium agreement. Organizations, Departments and Individuals Consulted and/or Affected Members of the public Township of North Frontenac Commenting agencies including KFL&A Public Health, Ministry of the Environment, Conservation and Parks, Mississippi Valley Conservation Authority Attachments March 2020 Submission
- Amended Draft Plan of Vacant Land Condominium prepared by DM Wills, March 5, 2020
- Addendum to the Environmental Impact Study prepared by Niblett Environmental Associates, January 13, 2020
- Planning Addendum Letter prepared by EcoVue Consulting Services, March 12, 2020
- Conceptual Lot Servicing prepared by WSP, February 2020
Committee Information Report Public Meeting – Amended Application for Ardoch Lake Draft Plan of Vacant Land Condominium (10CD/2012-001) July 22, 2020 Page 7 of 8
2020-067 Public Meeting Application for Ardoch Lake Draft Plan of Vacant…
Page 9 of 10
AGENDA ITEM #a)
- Response to Comments and draft conditions prepared by EcoVue Consulting Services, March 12, 2020 Commenting Agency Review
- Lake Capacity Modelling Memorandum from the Ministry of Environment, Conservation and Parks, October 26, 2018
- Ministry of the Environment, Conservation and Parks Review, May 29, 2020
- Mississippi Valley Conservation Authority Comment Letter and Draft Plan Conditions, revised June 3, 2020
- KFL&A Public Health Letter, June 1, 2020 July 2020 Submission
- Amended Draft Plan of Vacant Land Condominium prepared by DM Wills, July 2020
- Conceptual Lot Servicing prepared by WSP, July 2020
- Response to Comments prepared by EcoVue Consulting Services, July 10, 2020
- Update to Environmental Impact Study prepared by GHD (formerly Niblett Environmental Associates), July 10, 2020
- 2020 Provincial Policy Statement Consistency Letter prepared by EcoVue Consulting Services, July 10, 2020 Public Comments Received on Amended Application
- Public Comments Received on Amended Application, July 15, 2020
Committee Information Report Public Meeting – Amended Application for Ardoch Lake Draft Plan of Vacant Land Condominium (10CD/2012-001) July 22, 2020 Page 8 of 8
2020-067 Public Meeting Application for Ardoch Lake Draft Plan of Vacant…
Page 10 of 10
