Body: Committee of the Whole Type: Agenda Meeting: Committee of the Whole Date: March 13, 2018 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF THE WHOLE MEETING AGENDA
TIME: DATE: PLACE:
7:00 PM, Tuesday, March 13, 2018 Council Chambers.
Call to Order
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
Scheduled Closed Session - n/a
***Recess *** - n/a
Public Meeting
(a)
Proposed Zoning By-law Amendment for a Commercial Development - Concession V, Part of Lot 6, Portland District: Kerr
(b)
Proposed Zoning By-law Amendment for a Secondary Suite Concession VII, Part of Lot 36, Storrington District: Holland
Delegations - n/a
Reports Requiring Direction
(a)
Proposed Road Closure & Transfer - Concession I, Lots 10 and 11, Bedford District
Reports for Information - n/a
Rise & Report from Committees of Council
(a)
County Council
(b)
Arena Board
(c)
Police Services Board
(d)
Portland Heritage
Information Items - n/a
Notice of Motions
Announcements/Statements by Councillors
Question of Clarity (from the public on outcome of agenda items)
Closed Session (if requested)
Adjournment
2-9
10 - 18
19 - 22
Page 2 of 22
REPORT TO COMMITTEE OF THE WHOLE PLANNING DEPARTMENT AGENDA DATE: March 13, 2018 REPORT DATE: March 5, 2018 SUBJECT: Public Meeting: Proposed Zoning Amendment for Commercial Development in Harrowsmith: Kerr
RECOMMENDATION: It is recommended that the Committee receive the Planning Report dated March 5, 2018 for information and hear comments from the public on a by-law to rezone lands in Part of Lot 6, Concession V, District of Portland in the Village of Harrowsmith, to permit commercial uses. BACKGROUND: Jim Gilmour has submitted an application, on behalf of the Estate of David Kerr, to amend the Township of South Frontenac Comprehensive Zoning By-law to permit a commercial meat shop and other commercial uses to establish on a proposed 2.0 acre parcel of land located in the Village of Harrowsmith. The rezoning is a condition of consent application S-55-17-P to create the lot which would have 107 metres (351 ft.) of frontage on Road #38. The retained land would still be approximately 56 acres in size. Attachment #1 shows the location of the proposed new lot and Attachment #2 is a copy of a draft survey plan showing the configuration of the proposed lot. ANALYSIS: The land is vacant and flat. It is without any tree growth except along its southern boundary where mature trees and hedges exist. A residence abuts the subject land to the south and other residential uses exist to the west across Road #38. The abutting retained land to the north and east is vacant. Other commercial uses exist to the south on Road #38. The Official Plan designates the subject land ‘Settlement Areas’ where it is Council’s intention that the majority of new growth in the municipality will be directed. The Plan further states that commercial and retail uses, professional offices, industrial, residential and community facility uses shall be permitted in Settlement Areas on a site specific basis by amendment to the zoning by-law. The Plan requires that these uses be located generally on major roads and on lots that are able to accommodate the use. The lot must be of sufficient size to contain private water supply and sanitary sewage disposal subject to approval of the appropriate authority. It is also required that there be sufficient parking, that the use will not create a traffic hazard and that its impact on the residential area will be minimal insofar as it relates to lighting, parking, drainage, noise and traffic movement. The Plan also specifies that such uses be zoned in a separate category in the implementing zoning by-law. Regarding the above-noted policies of the Official Plan, the proposed lot fronts on Road #38 which is a major road providing access and good sight lines in accordance with the intent of the Plan. Also, the lot, at approximately two acres, would be of sufficient size to accommodate the uses. The new owner intends to relocate his existing meat shop that is presently in a commercial plaza approximately 200 metres to the south (Gilmour’s Meats) on a similar-sized lot (see Attachment #1).
Page 3 of 22 The Official Plan notes that Council should be satisfied that the nature and scale of the new uses are appropriate and, in this regard, it is the opinion of the Planning Department that the meat shop and the other similar commercial retail uses by their nature and scale are appropriate uses for the subject land. They are relatively non-offensive uses in terms of generating noise, dust or odour and require no outside storage of material. Furthermore, although a residential use abuts the subject property to the south and there will be some traffic generated from the proposed use, the land is of sufficient size to effectively mitigate any adverse effects on the neighbour’s privacy by locating the development away from the residence as may be required. Also, as noted, a row of mature trees and other vegetation already exist between the uses to act as a buffer and screen. This screening can be augmented as the development concept proceeds. No other potential incompatibility issues appear to be present. Although no specific plans for the uses in the new building have been worked out, the prospective new owner agrees that the new zoning should include a range of uses as noted above. The amending zoning by-law would, thus, be tailored to permit commercial uses that are compatible with the surrounding land uses and would be similar to the uses permitted in the nearby commercial plaza. The permitted uses are proposed as follows: i) • • • • • • • • • • • • •
•
Permitted Uses a bake shop; a meat shop; retail store; commercial retail store; a restaurant, take-out; a gift shop; a nursery school; a medical clinic; a post office; a bank and/or trust company; a business and/or professional office; a service shop including a personal service shop; one dwelling unit in the form of an apartment as an accessory use in buildings in which commercial uses are permitted, in accordance with the provisions of sections 5.19 and 5.20, accessory uses and buildings to the above uses;
A draft of the zoning by-law amendment is attached as Attachment #3. It should be noted that, prior to any construction, the owner would be required to enter into a site plan agreement to be registered on the title of the property that would show how the new establishment would function on the ground. Accordingly, the location of the new buildings, septic area, well location and all required parking and loading spaces, access aisles and buffer areas would be indicated showing how they would be accommodated on the lot. Regarding the septic system, KFL&A Public Health gave full approval to the proposal at the consent stage. A copy of their approval letter is attached as Attachment #3. From a planning perspective, the proposal appears to meet the intent of the Official Plan in terms of the type of use and compatibility with surrounding uses. The amending zoning by-law would require a site plan agreement to be entered into and registered on the title of the property specifying the locations of the uses to give adjacent land owners the further assurance that their privacy would not be adversely affected. It is important to know that, when plans are prepared to proceed with construction on the property, a by-law is required at that time authorizing the Mayor and Clerk to execute the site plan agreement, thus, Council will ultimately have the opportunity to review and comment on the site plan before it is finalized. The Public Works Department advises that the entrance to the property must be located to directly align with Centennial Park Road on the opposite side of Road
Page 4 of 22 #38. They also require that this entrance be constructed to minimum commercial entrance standards and that improvements to Road #38 would also be needed so that traffic flow is not adversely affected. The applicant is aware of these requirements. All other agencies commented favourably at the consent stage. At the time of preparation of this report no comments had been received from the public in response to the notification of the public meeting. FINANCIAL/STAFFING IMPLICATIONS n/a ATTACHMENTS Attachment #1 – shows the location of the subject land. Attachment #2 - is a copy of a draft survey of the proposed new lot. Attachment #3 - is a draft of the zoning by-law amendment. Approved by: Lindsay Mills KerrGilmourRezoningReport
Prepared/Submitted by: Lindsay Mills
Page 5 of 22
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Page 7 of 22
ATTACHMENT #3 TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2018-
BEING A BY-LAW TO AMEND BY-LAW NUMBER 2003-75, AS AMENDED, TO REZONE LANDS FROM RURAL (RU) ZONE TO SPECIAL URBAN COMMERCIAL (UC-27) ZONE; PART LOT 6, CONCESSION V, DISTRICT OF PORTLAND: KERR/GILMOUR
WHEREAS, the Municipal Council of the Township of South Frontenac deems it expedient to amend By-law Number 2003-75 as amended, as it relates to a parcel of land located in Part of Lot 6, Concession V, Harrowsmith of the District of Portland, NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH
FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- THAT Schedule ‘E’ to Zoning By-Iaw Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) Zone to
Special Urban Commercial (UC-29) Zone for those lands shown on the attached map designated as Schedule “1 “. 2. THAT a new section UC-27 (Part Lot 6 Concession V, Portland DistrictKerr/Gilmour) be added immediately following section UC-26 (Part Lot 6, Concession Vl, Portland District- Saputo), to read as follows: UC-27 (Part Lot 6, Concession V, Portland District - Kerr/Gilmour) Notwithstanding the uses permitted in section 19.2 or any other provision of this By-law to the contrary, on the lands zoned Special Urban Commercial (UC-27) Zone, the following uses only are permitted: Permitted Uses
a bake shop, a meat shop, a restaurant, take-out, a giff shop, a nursery school, a medical clinic,
a post office, a business and/or professional office, a bank and/or trust company,
a service shop including a personal service shop, one dwelling unit in the form of an apartment as an accessory use in buildings in which commercial uses are permitted in accordance with the provisions of sections 5.19 and 5.20, accessory uses and buildings to the above uses.
All other provisions of this By-law shall apply. 3. THAT the uses permitted in the UC-27 zone be subject to a site plan
agreement to be entered into between the owner and the municipality and registered on the title of the property, specifying locations of all buildings and structures; well; septic system, parking and manoeuvring areas, access point and access aisles to the Township’s satisfaction. 4. THIS BY-LAW shall come into force in accordance with sections 34 and
41 of the Planning Act, 1990, either on the date of passage or as otherwise provided by sections 34 and 41 . Dated at the Township of South Frontenac this twentieth day of March, 2018.
Page 8 of 22 Read a first and second time this twentieth day of March, 2018. Read a third time and finally passed this twentieth day of March, 2018.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Wayne Orr, Clerk-Administrator
Page 9 of 22
TOWNSHIP OF SOUTH FRONTENAC SCHEDULE ‘1’ BY-LAW No. 2018-
K AREA REZONED FROM ‘RU’ TO ‘UC-27’
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PASSED THIS 20th DAY OF MARCH, 2018. MAYOR CLERK
Page 10 of 22
REPORT TO COMMITTEE OF THE WHOLE PLANNING DEPARTMENT AGENDA DATE: March 13, 2018
REPORT DATE: March 8, 2018
SUBJECT: Public Meeting: Zoning For Secondary Suite: Holland
RECOMMENDATION: It is recommended that the Committee receive the Planning Report dated March 8, 2018 for information and hear comments from the public on a by-law to rezone lands in Part of Lot 36, Concession VII, Storrington District to permit a secondary dwelling on the property. BACKGROUND: An application has been submitted to amend the Township of South Frontenac Comprehensive Zoning By-law to rezone a residential property in the District of Storrington to permit a secondary dwelling. Attachment #1 shows the location of the subject property. The land is 3.01 acres in size and fronts on Mt. Chesney Road. It is developed with a residence and detached garage. The proposal is to add 952 feet2 onto the rear of the existing residence to accommodate the secondary suite. This would constitute a separate dwelling unit with its own separate entrance. Attachment #2 is a copy of a site plan submitted by the applicant showing the existing and proposed development. ANALYSIS: The subject property is designated Rural in the Official Plan and is zoned Rural (RU) in the Comprehensive Zoning By-law. Until recently, the Township’s policies generally only permitted one dwelling per lot but, as Council is aware, the Provincial Policy Statement of 2014 encourages the provision of secondary dwellings in existing residences as a form of affordable housing. Following from this, the revised Township Official Plan includes policies for secondary accommodation. The Plan was adopted by Council in September 2015 and is awaiting final approval from the County. From the Township’s perspective, secondary dwellings may be viewed as both a form of affordable housing and as a method of permanently accommodating relatives who require special care and who would otherwise be forced to be institutionalized. In the past, the Township has dealt with these types of accommodations through use of a temporary use by-law which must be renewed periodically and which requires a special agreement to be entered into which also requires the secondary dwelling to be removed when it is no longer needed – a somewhat cumbersome and onerous method to address the need. However, based on the fact that the new Plan has been adopted by Council with secondary dwellings encouraged in the document, the subject application may now be considered for approval subject to also meeting minimum septic capacity and building code requirements. Thus, the proposal for the secondary suite on the subject property is supported by provincial legislation and by the Township’s revised Official Plan - now adopted by Council. The property appears large enough to accommodate any additional required parking and septic area. Regarding the septic system, KFL&A Public Health was circulated with the rezoning application and, by letter dated February 28, 2018, advised that they have no objection to the zoning on the condition that a new septic system is applied for and installed. A copy of their letter is attached as Attachment #3.
Page 11 of 22 Specifically, the zoning by-law would be changed from Rural Zone (RU) to Special Rural Zone (RU-52) to permit the secondary dwelling. A draft of the zoning by-law amendment is attached as Attachment #4. FINANCIAL and STAFFING CONSIDERATIONS: n/a ATTACHMENTS: Attachment #1 - is a location map. Attachment #2 – is a site plan submitted by the applicant. Attachment #3 – is a copy of correspondence from KFL&A. Attachment #4 – is a draft of the zoning by-law amendment. Approved by: Lindsay Mills
HollandZoningReport
Prepared/Submitted by: Lindsay Mills
Page 12 of 22
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ATTACHMENT #3
Environmental Health Department
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221 Portsmouth Avenue
Kingston, Ontario K7M 1V5 (613) 549-1232
? ? Public Health
1-800-267-7875
REQUESTS FOR COMMENTS
Fax: (613) 549-7738
http://www.kflapublichealth.ca To:
Jennie Kapusta, Planning Assistant Towriship of South Frontenac 4432 George Street sydenham, ON KOH 2T0
*l'4rs *? tvs Number: Aplllllalll@111
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Type of Application or Proposal:
Applicant Name(s): Location:
Planning Department
Zoning with Performance Review Mark Holland
586 Mount Chesney Road
Township of South Frontenac (Storrington)
or Agency:
Comments:
KFL&A Public Health has no objection to the zoning on condition that a new septic system application is applied for and installed.
Inspector:
Miranda lezzi CPHI(C), Public Health Inspectr:rr-
Date:
February 28, 2018
PIEASE FORWARD A COPY OF THE NOTICE OF DEC?SION TO KFL&A PUBLIC HEALTH. Personal information on this form is collected under the authority of the Building Code Act, and wil be used for the. administration of Public Health programs. Ariy questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&A Public Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1-800-267-7875.
Page 15 of 22
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Page 16 of 22 l
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existIng or proposed 6uildlngs, water supplIes (incluaing nelghbours), exisNng on-site systems, drIveways, property lines, Iakes, rivers, sprIngs, water courses, smmming pools.
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Page 17 of 22
ATTACHMENT #4 TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2018-
BEING A BY-LAW TO AMEND BY-LAW NUMBER 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO SPECIAL RURAL (RU-52) IN PART OF LOT 36, CONCESSION Vll, DISTR?CT OF STORRINGTON: HOLLAND
WHEREAS, the Municipal Council of the Township of South Frontenac deems it expedient to amend By-Iaw Number 2003-75 as amended, as it relates to Iand
located in Part of Lot 36, Concession Vll, of the District of Storrington; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
THAT Schedule “C”, to Zoning By-law Number 2003-75, as amended, is hereby further amended by changing the zoning from Rural (RU) to
Special Rural (RU-52) for those lands shown on the attached map designated as Schedule?1". 2.
THAT Zoning By-law Number 2003-75 as amended, is hereby further amended by adding a new section RU-52 (Part Lot 36, Concession Vll, District of Storrington) immediately after section RU-51 (Part Lot 6, Concession Vllli Storrington District - Jespersen), to read as follows:
RU-52 (Part Lot 36, Concession Vll, Storrington District - Holland) Notwithstanding any provision of this by-law to the contrary, on the Iands zoned Special Rural (RU-52), the following provision shall apply: A secondary dwelling is permitted as part of the principal building. All other provisions of this by-Iaw shall apply. 3. THIS BY-LAW shall come into force in accordance with section 34 of the
Planning Act, 1990, either on the date of passage or as otherwise provided by the said section 34. Dated at the Township of South Frontenac this twentieth day of March, 2018.
Read a first and second time this twentieth day of March, 2018. Read a third time and finally passed this twentieth day of March, 2018. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Wayne Orr, Clerk-Administrator
Page 18 of 22
TOWNSHIP OF SOUTH FRONTENAC SCHEDULE ‘1’ BY-LAW No. 2018-
Jasea REZONED FROM €str TO €su-sz5 /
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THIS 15 SCHEDULE ?1" TO BY-LAW No. 2018-
PASSED THIS 20th DAY OF MARCH, 2018. N
MAYOR W?
CLERK
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REPORT TO COMMITTEE OF THE WHOLE PLANNING DEPARTMENT AGENDA DATE: March 13, 2018 REPORT DATE: March 7, 2018 SUBJECT: Proposed Road Closure and Transfer: Ferris
RECOMMENDATION: The recommendation is that the Committee receive the Planning Report dated March 7, 2018 and consider the closing and transferring ownership of a portion of unopened road allowance between Lots 10 and 11, Concession I in the District of Bedford.
BACKGROUND: Teira Ferris is requesting to know whether Council would agree to the closure and sale of a portion of unopened road allowance that runs along the south side of a property she is proposing to purchase near White Lake Road in the District of Bedford. Her letter dated March 5, 2018, is attached hereto as Attachment #1 and Attachment #2 is a map showing the location of the subject property. Attachment #3 shows the portion of unopened road allowance requested to be closed. As indicated on the attachments, the road allowance is aligned east to west abutting the subject land on the south and it forms the boundary between Lots 10 and 11 in Concession I. It accesses from White Lake Road on the east and extends 630 metres westerly terminating at a wetland/waterbody. The subject land abutting the road allowance is approximately 83 acres in size and is land-locked. By adding the portion of unopened road allowance to the property the land would then have direct access onto White Lake Road with 167 feet of road frontage. This would allow the property to be developed with a residence. White Lake Road is a forced road that is not constructed on this road allowance. Instead, the road is located approximately 82 metres to the south, presumably to avoid construction through the wetland/waterbody noted above. Thus, it appears that the road allowance would not be used as a public road at any time in the future. Staff is seeking direction as to whether the Committee would agree to this closure and sale. The road allowance is mostly scrub brush land with some mature forest cover and would be priced at $0.21 per square foot according to Council policy related to the sale of closed Township roads. This would result in a total price of $27,441.00.
FINANCIAL and STAFFING CONSIDERATIONS The township would receive approximately $27, 441.00 from the transfer and sale.
ATTACHMENTS Attachment #1 – is a letter requesting the road closure and transfer. Attachment #2 - is a map showing the subject property location. Attachment #3 - is a map showing the road allowance. Submitted/Approved by: Lindsay Mills FerrisRoadClosureReport
Prepared by: Lindsay Mills
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Lindsay Mills
ATTACHMENT #1
From:
Teira Ferris teiraferris@gmail.com
Sent:
March-05-18 12:54 PM
To:
Lindsay Mills
Subject:
White Lake Road
Hi Lindsay,
Thanks for taking some time with me this afternoon.
As discussed, I would like to ask you to ask Council for a request to purchase unopened road allowance on White Lake Road.
Thanks again, and hope to hear back from you after March 13th Council meeting. Cheers, Teira Ferris
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