Body: Committee of the Whole Type: Agenda Meeting: Committee of the Whole Date: March 14, 2017 Collection: Council Agendas Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/Agendas/Committee of the Whole/2017/Committee of the Whole - 14 Mar 2017 - Agenda.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF THE WHOLE MEETING AGENDA
TIME: DATE: PLACE:
7:00 PM, Tuesday, March 14, 2017 Council Chambers.
Call to Order
Declaration of pecuniary interest and the general nature thereof
Scheduled Closed Session - n/a
Recess - n/a
Delegations
(a)
Mary Royer, re: Outdoor Furnaces
(b)
Jim Varrette, re: Outdoor Furnaces
Reports Requiring Action
(a)
Ryan Arcand, Chief Building Official, re: Changes to Residential Tenancies Act
3-6
(b)
Lindsay Mills, Planner, Planner, re: Draft Outdoor Furnace By-law
7 - 20
(c)
Lindsay Mills, Planner, re: Review “Promoting Affordable Housing Act, 2016”
21 - 27
(d)
Lindsay Mills, Planner, re: Request to Purchase Parkland
28 - 29
(e)
Councillor Revill, re: Proposed repairs to Fermoy Hall
30 - 31
Reports for Information
(a)
Lindsay Mills, Planner, re: Status of Subdivisions
Rise & Report
(a)
Cataraqui Region Conservation Authority
(b)
Quinte Region Conservation Authority
(c)
Rideau Valley Conservation Authority
Information Items
(a)
Terry Murphy, General Manager, Quinte Conservation, re: Climate Change Innovation Program
(b)
Steve Clark, MPP, Leeds-Grenville, re: Wolfe Lake Road Solar Project PIN 362400491
32 - 35
36
37 - 42
Page 2 of 61
(c)
2017 Farmland Forum - March 30, 2017
43 - 46
(d)
Francine Scheuermann, re: 116 B Wolfe Lake Road - Solar Project
47 - 52
(e)
Honourable Mitzie Hunter, Minister of Education, re: Accommodation Review Process
53 - 58
(f)
Elliot Hughes, Senior Policy Advisor, Ministry of Finance, re: Bill C274 Amending Income Tax Act
59
(g)
Coffee & Conversation with Fred Dean
60
(h)
Judy Borovski, Playground Chair, Inverary Youth Activities Inc, re: Community Grant
61
Notice of Motions
Announcements
Question of Clarity (from the public on outcome of agenda items)
Closed Session (if requested)
Adjournment
Page 3 of 61
REPORT TO COUNCIL BUILDING DEPARTMENT
AGENDA DATE: March 14, 2017 SUBJECT Information with Regards to Changes to the Residential Tenancies Act, 2006
RECOMMENDATION Open
BACKGROUND To ensure safe properties in South Frontenac, we have a shared responsibility with the province. The province enforces the maintenance standards under the Residential Tenancies Act, 2006, and South Frontenac enforces the Safe Properties Bylaw 2007-13. The Residential Tenancies Act for maintenance standards applies to the interior of all rental units in the municipality. The safe properties bylaw, prescribes exterior maintenance standards for all properties in the municipality with regards to yards and exteriors of buildings. Enforcement of the Safe Properties bylaw is through, Frontenac Municipal Bylaw Enforcement Services. As of July 1st, 2018, The Ministry of Municipal Affairs and housing will no longer be enforcing the maintenance standards contained in the Residential Tenancies Act. In an e-mail to all clerks, the Ministry advised of this upcoming change and provided data indicating the reliance of different municipalities upon the Ministry of Municipal Affairs and Housing to enforce the Maintenance standards in the Residential Tenancies Act. Investigations carried out by the Ministry are listed below for the Township of South Frontenac as well as several surrounding municipalities.
North Frontenac Central Frontenac South Frontenac Tay Valley Addington Highlands
2013/14 0 3 1 3 0
2014/15 0 3 6 0 2
2015/16 0 6 9 1 2
It is recommended that the Safe Properties Bylaw remains in effect and standalone, and that one of the following additional options be selected to meet the municipal obligations for property standards: Option 1 The first option would be the default, to implement enforcement of the maintenance standards contained in the Residential Tenancies Act starting July 1, 2018. The process would be similar to the current practice now employed and enforcement would be through Frontenac Bylaw Enforcement Services. The enforcement of the maintenance standards would be governed by the Residential Tenancies Act. A written complaint would be received, and an inspection would be required. A Bylaw Enforcement Officer could make an order to the landlord to remedy the infraction. Appeal of any order can be made under the Residential Tenancies act within 20 days of the issuance of an Order, and would be heard by the Landlord Tennant Tribunal.
Our strength is our community.
Page 4 of 61
REPORT TO COUNCIL BUILDING DEPARTMENT
This approach would apply only to residential rental buildings, and would allow only current tenants to file complaints. Option 1A Is the same as Option 1, however enforcement would be by a Building Inspector. This approach would consume time normally dedicated to servicing builders and residents. It is also anticipated that this would cost more than having the service contracted to bylaw enforcement services. Option 2 The BCA 1992 provides authority for Municipalities to create and adopt a standalone property standards by-law that include items currently encompassed in the Ministry maintenance standards currently contained in the residential tenancies act for the maintenance of rental building interiors. Enforcement could be by contract through Frontenac Bylaw Enforcement, or internal through the Building Department. This approach would be enforced under section 15 of the Building Code Act and would apply to all properties in the Township. Typically enforcement requires a written and signed complaint for the Township to act upon. First steps in enforcement are to ensure communication between landlords and tenants (in the case of residential tenancies) or between the complainant and contravener. Enforcement would then take the typical route that current Building Code infractions follow by an Order being issued with a compliance date. Should the Order not be complied with upon re-inspection, a summons to Provincial Offences Court would be issued and a court order would be sought. Should the court order not be complied with, then the Township could remedy the problem and have the costs to repair placed as a priority lien on the property. Appeal of any order issued under the Building Code Act within 14 days of issuance, would be heard by a newly appointed Property Standards Committee within the township. Should the contravener choose, the decision of the committee could then be appealed to Superior Court. The advantage to this option is that the Building Code Act provides for broad powers and flexibility of enforcement, as well as more expedient timelines than the Residential Tenancies Act. In addition, a property standards bylaw allows for a broader range building/property types for application of enforcement. (not just residential rentals)
FINANCIAL and STAFFING CONSIDERATIONS The Ministry currently charges the municipality $265.00/inspection to enforce the Residential Maintenance Standards. In 2016 the municipality paid $3,445.00 to the province for enforcement. Frontenac Bylaw Enforcement currently is under contract to enforce a number of the Township’s bylaws including the safe properties bylaw and enforcement of the new property standards bylaw would be a natural extension. Enforcement through the Building Department will require further review into training requirements, and potential job evaluation outcomes.
Our strength is our community.
Page 5 of 61
REPORT TO COUNCIL BUILDING DEPARTMENT
ATTACHMENTS Appendix A – Cost to Municipality for Provincial Enforcement of Residential Tenancies Act
Submitted/approved by:
Prepared by:
Wayne Orr, CAO
Ryan Arcand, CBO
Our strength is our community.
Page 6 of 61
REPORT TO COUNCIL BUILDING DEPARTMENT
Appendix A Cost to Municipality for Provincial Enforcement of Residential Tenancies Act MMAH - 2016 Billing Period Jan 1-Feb 29 Apr 1-June 30 July 1-Dec 30
$ each visit $265
Inspections Total 6 $1,590
$265 $265
2 5 13
$530 $1,325 $3,445
MMAH - 2015 Billing Period Jan1-Mar13 Apr1-Jun30 Jul1-Sep30 Oct 1-Dec31
$ each visit $265 $265 $265 $265
Inspections Total 3 $795 2 $530 1 $265 6 $1,590 12 $3,180
Our strength is our community.
Page 7 of 61
REPORT TO COMMITTEE OF THE WHOLE PLANNING DEPARTMENT AGENDA DATE: March 14, 2017 SUBJECT: Zoning to Permit and Regulate Outdoor Furnaces
RECOMMENDATION It is recommended that the Committee receive for information the Planning Report dated March 9, 2017, with an attached draft zoning by-law amendment to permit and regulate ‘outdoor solid fuel combustion appliances’ (outdoor furnaces) and consider the by-law for passage at Council.
BACKGROUND At the Council meeting of February 21, 2017 Council directed the Planning Department to bring forward a draft by-law to regulate outdoor solid fuel combustion appliances for review and adoption. The Building Department was also directed to create a permit system similar to the wood stove permit system. Accordingly, two draft by-laws are attached hereto for review to permit and regulate these applicances. As background for discussion, in June of 2007, Council considered a report from the Planning Department which recommended approval of a zoning by-law amendment that would regulate the placement of outdoor solid fuel combustion appliances in the Township. However, Council determined that the by-law should not be passed because more discussion was needed on the regulations. Later, on January 17, 2012, the matter was brought to the Committee of the Whole where, after discussion, no consensus was reached on whether to regulate this use. Outdoor solid fuel combustion appliances are used as a heating source for homes and other commercial or industrial buildings. The Planning report of June 2007 included an amending by-law which defined an outdoor furnace as follows: “OUTDOOR SOLID FUEL COMBUSTION APPLIANCE” (commonly called an outdoor furnace) shall mean an accessory stand-alone building or structure that operates as a heat source for domestic heat and/or hot water for associated buildings on the same parcel. Attachment #1 is a description of a typical outdoor furnace. The 2007 report had been brought forward because of concerns that too many such furnaces were locating in built-up areas where their emissions were affecting residents nearby. Property-owners expressed fears that no one knew what was being burned in the furnaces and that some of the material may be toxic – affecting the health of them and their children. Thus, by regulating their use, the Township could at least require future proposed furnaces to locate in rural areas away from concentrated residential development. The amending by-law proposed the following regulations: “ Notwithstanding any other provision of this By-law to the contrary, an outdoor solid fuel combustion appliance (outdoor furnace) shall only be permitted in an Agricultural (A) Zone, Rural (RU) Zone, Rural Industrial (RI) Zone or Rural Commercial (RC) Zone and shall comply with the following regulations: i) ii) iii)
setback from any lot line (Minimum) 61 metres (200 ft.) setback from any other accessory building (Minimum) 3 metres (10 ft.) setback from any trees (Minimum) 3 metres (10 ft.)
Page 8 of 61 iv) v) vi)
Installation shall be in accordance with the manufacturer’s installation instructions and shall require a building permit. Location shall not be in the front yard. Only the fuel approved by the manufacturer’s operation instructions shall be used and in no case shall garbage, oils, rubber, plastics, oil-soaked or treated products be used as fuel nor shall any other material deemed by the MOECC to be inappropriate be permitted.
It should be noted that there was discussion at the previous meetings to add the following restriction: “The operation of outdoor furnaces is prohibited between May 1 and October 1 of a year.” However, Planning staff are of the opinion that it may not be practical to prohibit the use in the summer months since some residents heat their water and swimming pools with outdoor furnaces during these months. The Committee should also consider whether to permit their use during a fire ban and whether more than one such appliance should be permitted on a lot. For the Committee’s reference some examples of other municipality’s regulations for outdoor solid fuel combustion appliances are attached hereto as Attachment #2. The attached draft zoning by-law amendment incorporates the above described definition and permits the use of outdoor solid fuel combustion appliances and the attached regulation by-law incorporates rules and regulations for their use. FINANCIAL and STAFFING CONSIDERATIONS Staff time will be required for future regulation and enforcement.
ATTACHMENTS Attachment #1 – description of typical outdoor solid fuel combustion appliance. Attachment #2 - examples of regulations in other municipalities. Submitted/approved by: Lindsay Mills OutdoorFurnaceReportToCofW
Prepared by: Lindsay Mills
Page 9 of 61
i
I.
.
ATTACHMENT #1
.
Clean Burning, wood-fired hydronic furnaces
l (The Aspen Series Hot Water Furnace l One of the best wood stoves/furnaces on the market today. It has been specially designed to produce highly efficient heat with emissions well below environmental
standords, and we are proud to be able to offer cl 10 year Iimited warranty!
The Aspen series Furnace has been designed for outdoor installation but has been tested to meet
UL Standard 391 - 2006 Standard C22.2 No.3 and CSA B366- l-M9 l for indoor central solid fuel fired
furnaces, so it may be installed indoors. It is ideally suited for both domestic and commercial use.
-J*
111
N
1
1
1
a
I l
r>.rmMA
l l l
I t !
[How The Aspen Series Works l
s
The Aspen uses a process called wood gasificajion to produce highly efficient combustion in the furnace’s dual burn chambers
l) Wood in the firebox burns from the boffom up, drying the top layer of wooa in the firebox and forcing gases and exhaust into the lower burn chamber.
- In the brick-lined lower chamber, these volatile gases are burned at temperatures as high as 2000o F (1 093o C). The fire-brick lining in both burn chambers absorbs the heat and maintains
burn chamber temperatures for consistent gas
combustion. This high-temperature gas combustion significantly Iowers emissions, prevents creosote buildup, and minimizes ash buildup in the unit.
t
a
iq
J
1
/
llt;
l
l? :la’ j?S?"‘1’ t’? > i
r
f 3) Affer passing through the burn chamber, exhaust air escapes through multiple flues running through the water jacket, hearing the water quickly and efficiently.
2
al
)#
s
7
??
- The exhaust cools as it passes through the flues, and when it leaves the chimney, temperatures have fallen to 350oF (1 76oC).
I
mm
Page 10 of 61
i Hiqh Efficiency Heat For Your Home l Clean: The Aspen Series burns wood complefely, leaving virtuolly no porticles to create smoke or ash. Efficient: In side-by-side tests, the Aspen Series uses 50 % Iess wood thon cl fraditional outdoor wood furnace while producing the same amounf of heat. Economical: Reduces your overall heating costs - soving up fo 70% of your heating bill. Certified Safe. Meets strict UL and CSA standards for safe operafion Low Maintenance: Aspen Series models do not need to be cleaned OS often CIS wood stoves or inefficient outdoor furnaces.
EPA Qualified: The Aspen Series complies with new strict emmission limifs for sale and operation, especially in areos where traditional outdoor wood boilers have come under strict regulotion. mm
J Q [i ] mm
mm
mm s
sM pQJ pQ l
**
C J
m jwJ : %
0 in 0 [: m s
JZ
w
m s
m@B n r M’
s
k :(l ‘iL qJ J FJ.. 1 *M:J
‘-j
7,,
IJ
!
4
LJ v
u..
8 hr Sustained Output’ 70 000 BTU/hr 110 000 BTU/hr 270 000 BTU/hr MaximumSustainedOutput’ 120,OOOBTU/hr 230000BTU/hr 420000BTU/hr
ComparableHeatingArea" upto2,!SOC)sqft upto6,OO0sqft up-to’!-2,0(jC)‘sqft Dimensions (W x H xL ) 48" x 81 " x 73" 49" x 96" x 81 " 2,000 Ib ShippingWeight 3,l00lb
- Door-Si-ze(Wx-H) 18"xl8" 77 7—-7-.- 20"x24" J FireboxVolume (W x H x L) 23" x 22" x 31" 28" x 33" x 40" WaterCapacity 75gal 1l5gal MaximumLogLength 29" 38" Lim’ited ‘Wa’rranty lOyears10 years ‘- ' " Output based on full Ioad of seasoned White Oak " Note: Square footage based boiler sizing estimates are highly unreliable. Always base sizing on sustained BTU output. Greenwood
Traditional Outdoor Wood Boiler
, Max. sustained Firebox :
y
Boilers
l I
i
l
l
Conventional Wood Stove
’l Fi’rebrick / RefractoryI ?Olbs ‘i?uptol400lbs ? lp9,;14-QO i ?:,7-5; Water
Greenwood Furnace
750oF
’ Temperature '
2000oF
- ’ Smoke
-gallons i gallons aa lYes l.Little or No %
. System Efficiency
? 20m?40%–l- upto85%l
per Season
L
l l
W
r Amount of Wood
l
l
Avg Outdoor Wood Boiler
60% Iess ttipn
a typical OWB
aAwater?a-jacketed steel cannot susta?n the temperatures steel firebox fireb ry for for sqcon. secondary cotimbustion nece;sarg rood boders aa Greenwood boders store sr’eat in unburned wood and ceramic refractory,
l
l EPA Certified Wood Stove
Greenwood Aspen Series
T
l
l Proposed EPA Limit
l 1.2
Emissions (#MBTU) Genpral of of New fgr,g York State, Sou<ce: Eliot Spitzer, !3ttorney General Enwonmental vrotection Bureau, August 2005
the water is only used to transfer the heat to your house.
i
mm
i
Page 11 of 61
ATTACHMENT #2 THE CORPORA rlON OF ‘rHE T OWN OF KIRKLAND LAKE Bylaw # 06-069
Being a Bylaw to regulate The locatiori and installatiori of
Outdoor wood burning appliances
WHEREAS The Municipal Act, Sectioii 125 (1) R.S.O. 2001 as amended, permits Councils of local
nnunicipalities to pass bylaws to regulate the location and installation of outdoor wood burning appliances; AND WHEREAS the Council of the Corporation of the Town of Kirkland Lake deems it necessary to regulate the Iocations of outdoor wood burnirig appliances within the geographical Iimits within the Town of Kirkland Lake.
NOW Tl-IEREFORE the Co?incil of the Coi poratiori of the Town of Kirklaiid Lake hereby enacts as follows: 1 . In this bylaw:
(i) “AccessorJ’ means a cise, building or structure, that is naturally and normally incidental, suboi-dinate and exclusively devoted to a i’nain use, building or structure arid located or-i the same Iot therewith.
(ii) “Appl/ancd’ means an outdoor wood bumiiig appliarice situated outside of the mairi building, which is intended to heat t!ie mairi or accessory buildings usirig solid fuel for combustion.
(iii) " Towrl’ i’nearis the Corporation of the Town of Kirkland Lake.
No person shall install an appliance uriless it is certified by the Canadiaii Standards Associatioii or other accredited testing Iaboratories.
No person stiall iristall an appliance other than tri the following Iocations as defiried by the Municipal Zoiiirig By-Law: All Rural Zoiies,
Industrial areas along Ai-cher Drive,
)-ligliway Commercial C-4 along Hwy 66, between the easterly railway tracks outside of Swastika up to the entrance way from Hwy 66 to Archers Drive.
- Every person who installs an appliance shall have the appliance supported by a base constructed of material that is in accordance with the manufactuiers’ iristallation instructions or recominendatioris.
s. The chimney for the appliance shall be equipped with a rnanufacturers’ recommended spark arrestor and rain cap.
- Every person shall locate the appliarice:
(i) As per the manufacturers’ installation maimal but not less than 7.5 metres from airy property line.
(ii) Not less tliai’i ‘15.0 metres from the principal structure and from any stmctcires on an adjacent property.
(iii) As per the manufacturers’ installation manual b?it not Iess than 3.0 metres from art accessory building.
(iv) Only tri the rear yard.
(v) No less then 3.0 metres from any trees.
(vi) Not less than 60 metres from airy zone ot)ier than those listed in sectiori 3.
- No persori shall store fuel for the appliance closer than recommerided in the manufacturers’ installation mariual but riot less than 3.0 metres from an appliance.
Bylaw 06-069
Ouldoor Wood Butnit’ig Appliances
PBge 2 of 2
Page 12 of 61
Orilythefuelapprovedbythemanuraclurers’operatinginsttuctionsshallbeused.
Garbage, oils, rubber, plastics, oil soaked or treated products are NOT permitted to be used as fuel.
Wl-iere a provision of this bylaw coriflicts with the provision of another bylaw in force within the municipality, the provisiori lhat establishes t!ie Iiighei standard to protect the safety of the genetal public shall prevail. 11 . Tlie Kirklarid Lake Fire Chief or his designate may enforce the provisions of this bylaw.
All appliances, including any appliances that have been installed prior to the passing of this bylaw, are to be registered with the Kirkland Lake Fire Department.
(i) Eveiy person who contiavenes any provision of this bylaw is guilty of an offence, the Municipal Act, R.S.0. 1990 Cliapter 45, Section 320.
(ii) Every pert-son who is convicted or an offence is Iiable to a fine of not more than $5,000.00 as provided for in the Proviiicial Offences Act R.S.0. 1990 Chapter P.33, as amended. l his bylaw shall come into force and take effect on the date of passage.
READ a rirst, second, arid third time this 1 9th day of December 2006 enacted and passed.
Williain Enouy, Mayor
Don Stcidholine, Director of Corpot ate Services/Clerk
Page 13 of 61 THE CORPORATION OF THE TOWNS)’nP OF LEEDS AND THE THOUS/‘IND ISLANDS BY-LAW No. 90-01
A BY-LAW TO REGULATE OtJTDOOR SOLID FUEL COMBUSTION AppuANCES
I
WHEREAS the Municipal ACI, R.S.0. 1990, Cliapter M45, as amcnded, Scclion 210.140 authorizes Councils to pass by-Iaws Iaor prohibitiiig and aba(ing public nuisanccs;
NOW THEREFORE the Council of the Corporation or the Townsliip or Leeds and the Tliousand Islands enacts as follows: 1.
Dcfinitions:
a) “Outdoor solid fucl combustion appliance” shall mean a solid fuel burning appliance, which is used ror the space heating or buildings, thc hcating or water or other such purpose; and which is located in a scparate building or on the ex(crior of t)ie buildiiig, which it servcs.
b) “Waste” shall mean any material defincd as waste in Sectioii 25 of tlic On(ario Environmcmal Protection Act, R.S.O. ] 990, Chapter El9,, as amended.
This by-law applies to all lands wi(hin the geographic limits of the Towiiship of Lce.ds and thc Thousand rslands.
Outdoor solid fue) comlius(ion appliances shall be permitted 01) a lot which has a minimum lot area of 1.2 hectares (3 acres) and tlic unit shall bc located/installed as follows:
(i) aminimumof46metrcs(150feet)fromallpropcrtylines; (ii) such that the pcrimeter ground arca around the unit to a dis(ancc of 3 metres (10 feei) minimum from (he unit shall be of a non-combustible surface (i.c. yavcl, sand, concrete pad);
(iii) thc unit’s cliinmcy cap shall be filtcd/cquipped with a rain cap/spark arrestcr; (iv) in accordarice with a sike loca(ion/iris(allation as approved by (hc Cliief Building Official or designate. 4.
Notwitlistanding the provisions or Clause 3, outd,oor solid fuel combustion appliances arc not permittcd on airy lot within a registc;d plan of subdivision or-within a Village, Hamlet, Shorcline Residcntial, Islaiid Residential or General Residential area as idcntified in the Township’s Official Plans.
s.
‘;Nhcre such installations arc othenvise permitted in this By-law, there shall not be more than one (l) permiticd per property in the Township, cxcept:
a) Morc than one (l) outdoor solid fuel combustion appliancc is pennitted on a lot
svhcre. it serves a pcrinitted accessory dwelling or-an agricultural building ori Iands, which are uscd primarily ror agricultural purposes.
The installation of ou(door ruel combustion appliances shall be in compliance with the Omario Buildirig Code, the Ontario Fire -Code, the manufacturer’s installation instructions arid all otlicr applichble law.
No outdoor solid fuel combustion applianccs shall be used ror (he incineration of waste or treated matcrial.
- Any person or pcrsons who install, usc or maintain an outdoor solid fuel combustion appliancc in contravciitiun of the provisions or this by-Iaw, are upon conviction guilty of an offcnce and subjcct to a pcnalty liursuant to the Proviricial Offcnccs Act, R.S.0. 1990, Chapter P.33, as amended.
Page 14 of 61
Council may consider cxccp!ions 30 (his by-law artcr circulation of tlic proposcd exception to Township staff (including the Cliid F:rc Official) and (o abuuing landowners within 120 me(rcs or (Iie subjcct site. Circulatcd land owners would liavc a reasonable opportunity to prcsent commciits to Council. Tliere shall bc an administrativc rcc or $200.00 cliargcd to tlic applicant for this proccss.
Thc ins(allatioii of such unit shall rcquire a permit to be issued by thc Cliicf Building Ol’ficial to ensurc compliance willi this By-law. Thc rccs shall bc as’sc( out iii tlic Towiisliip’s Building By-faw.
II. TliisBy-lawsliallcomcin(oforccandeffcctontlicdayofpassing.
Read a First, Sccond and Third rime and fiiially passcd (liis l 7”’ day of Dcceniber 2001
?(E-” REEVE
pable of a:inveying an interest in Iand or designated by an original survey or by a registered plan; b) 'Outdoor Solid Fuel Combustion Appliances" means an outdoorwood-burning furnace or other solId fuel burning applian> designed and intended to supply heat to air or water and that is housed or situated in an out-building or otherwIse physk,ally separated from the building to which it is to provide heated air and water; and C) Waste" means any material defined as "waste' In Sectlon 25 of the Environmental Protection Act, R,S.0. 1990, Chapter E1 9, as amended. 2. Subject to section 3 hereof, this by-Iaw applies to all lands with}n the geographic limits of The-Corporatlon of Loyalist Township. 3. This by-Iaw shall not apply in respect of any lands upon whtch an Outdoor Solid Fuel Combustion Appliance tias been installed prior to the effective date of this by-Iaw provided that the physical location of such appliance, or any replacement thereof, remains unchanged. 4. No person shall use an Outdoor Solid Fuel Combustion Applianoe on a lot unless: (a) the Iot is s{tuated in an area designated In the Township of Loyallst Zoning By-law as a - ' Rural zone, Resticted Agriculture zone or Prime Agriculture zone; (b) on all lots the following is required: (i) A minimum Iot area of two (2) hectares (5 acres); (i!) Outdoor Solid Fuel Combust'on Appliances shall be located not Iess than 6'l - metres (200 feet) from ah Iot Iines; and (iii) Outdoor Solld Fuel Combustion Appliances shall be Iocated not less than 9 metres (30 feet) from any building or structure on the same lot; except a solid fuel storage structure. (c) the Outdoor Solid Fuel Combustion Appliances has a chimney fmed wTh a rain >p a a equipped with a spark arrester to manufacturer's specifi>tions; (d) the installation and maintenance of the Outdoor Solid Fuel Combustion Appliance is in Compliance with; (i) the Ontario Building Code; (!!) ' themanufacturersrnstallaiioninstrudionsandspecifications,includingany recommended separ'ation distances; and (iii) all other applicable law; and (f) a Building Permit has been issued for the installation of the Outdoor Solid Fuel Combustron Appliance by the Chief Building Offlcial of L6yalist Township Page 16 of 61 s. No person shall use an Outdoor Solid Fuel Combustion Appliance unless the area around and under it: (i) is comprised of gravel, sand or some other non-combustible material; (i!) extends radially a minimum of 3 feet from all exterior sides of the Outdoor '. ' Solid Fuel Combustion Appliance; and (iii) is not less than 10 centimeters (4 inches) in depth. 6. No person shall use an Outdoor Solid Fuel Combustion Appliance for the incineration of Waste. 7. No person shall use an Outdoor Solid Fuel Combustion Appllance except in compliance with the 'requirements of this By-Law, including all minimum Lot area, separaUon disteince and regulatory requirements provided under section 4 hereof. 8. A Municipal building inspector or by-law enforcement offloer may, upon producing identlflcatlon, enter upon and inspect any land in order to ensure compliance with this byIaw. 9. No person shall obstruct, hinder, delay or prevent a municipal by-Iaw enforcement offIcer in the exercise of his or her inspection powers pursuant to this by-!aw. 10. Any person who contravenes this by-law is guilty of an offence. ENACTED AND PASSED THIS 8TH DAY 07 AUGUST, 2005. THE CORPORATION OF LOYALIST TOWNSHIP ? T Reeve !- M Clerk Page 17 of 61 TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2017BEING A BY-LAW TO AMEND BY-LAW NUMBER 2003-75, AS AMENDED, TO PERMIT OUTDOOR SOLID FUEL COMBUSTION APPLIANCES WITHIN THE TOWNSHIP OF SOUTH FRONTENAC: TOWNSHIP-INITIATED 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 permitting and regulation outdoor solid fuel combustion appliances within the Township of South Frontenac; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1. THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new definition for Outdoor Solid Fuel Combustion Appliances, in the Definition Section, immediately after the definition of ‘Open Space/Open Space Uses’, to read as follows: “OUTDOOR SOLID FUEL COMBUSTION APPLIANCE” (commonly called outdoor furnace) shall mean an accessory stand-alone building or structure that operates as a heat source for domestic heat and/or hot water for associated buildings on the same parcel. 2. THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding into ‘Section 5 - General Provisions’, a new subsection 5.24.8 immediately after subsection 5.24.7 to read as follows: “ 5.27.8 Notwithstanding any other provision of this By-law to the contrary, an outdoor solid fuel combustion appliance (outdoor furnace) shall only be permitted in an Agricultural (A) Zone, Rural (RU) Zone, Rural Industrial (RI) Zone or Rural Commercial (RC) Zone and shall comply with the following regulations: i) setback from any lot line (Minimum) 61 metres (200 ft.) ii) setback from any building on the same lot (Minimum) 3 metres (10 ft.) iii) setback from any trees (Minimum) 3 metres (10 ft.) iv) Installation shall be in accordance with the manufacturer’s installation instructions and shall require a building permit. v) Location shall not be in the front yard. vi) Only the fuel approved by the manufacturer’s operation instructions shall be used and in no case shall garbage, oils, rubber, plastics, oil-soaked or treated products be used as fuel nor shall any other material deemed by the MOECC to be inappropriate be permitted. All other provisions of this By-law shall apply and all applicable provisions of other Township by-laws shall apply including applicable provisions of By-law 2012-68 a By-law to Regulate Burning.” 3. THIS BY-LAW shall come into force in accordance with section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said section 34. Dated at the Township of South Frontenac this 2017. Read a first and second time this day of March, day of March, 2017. Page 18 of 61 Read a third time and finally passed this day of March, 2017. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC _______________________________ Ron Vandewal, Mayor ______________________________ Wayne Orr, Clerk-Administrator Page 19 of 61 TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2017BEING A BY-LAW TO REGULATE THE USE OF OUTDOOR SOLID FUEL COMBUSTION APPLIANCES WITHIN THE TOWNSHIP OF SOUTH FRONTENAC WHEREAS, the Municipal Act permits Councils of local municipalities to pass bylaws to regulate the installation and use of outdoor solid fuel combustion appliances; AND WHEREAS, the Municipal Council of the Township of South Frontenac deems it expedient to regulate outdoor solid fuel combustion appliances within the geographical limits of the Township of South Frontenac; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1. In this By-law: “OUTDOOR SOLID FUEL COMBUSTION APPLIANCE” shall mean an accessory stand-alone building or structure that operates as a heat source for domestic heat and/or hot water for associated buildings on the same parcel. 2. No person shall install or operate an Outdoor Solid Fuel Combustion Appliance unless: a. A permit has been issued from the Chief Building Official of the Township of South Frontenac or designate, b. A permit fee of $62.00 is paid in full, c. The appliance bears the mark of CSA or cUL or other equivalent certification marking, d. The chimney is fitted with a rain cap equipped with a spark arrester to manufacturer’s specifications, e. The installation and maintenance of the Outdoor Solid Fuel Combustion Appliance is in compliance with; i the Ontario Building Code, latest version in effect, ii the manufacturer’s installation instructions and specifications, and iii all applicable law. f. The Outdoor Solid Fuel Combustion Appliance is inspected and approved by the Chief Building Official or designate following its installation and prior to its use. 3. No person shall use an Outdoor Solid Fuel Combustion Appliance unless the area around it : a. Is comprised of gravel, sand or other non-combustible material, b. Extends radially a minimum of three 1 metre (3 ft.) from all exterior sides of the appliance, c. Is comprised of material not less than 10 cm (4”) in depth. 4. A By-law Enforcement Officer or other Municipal Authority, upon producing identification, may enter on land at any reasonable time with prior notice the Owner for the purpose of carrying an inspection to determine whether this By-law or an Order to Discontinue Activity is being complied with. 5. No person shall interfere with or obstruct an inspector in carrying out duties pursuant to this By-law. 6. The By-law Officer or other municipal authority who inspects and finds deficiencies may make an order to the Owner to extinguish any fire at any Page 20 of 61 time and the Owner shall extinguish the fire and remedy any and all deficiencies. 7. Any person or persons, who installs, uses or maintains an Outdoor Solid Fuel Combustion Appliance in contravention of the provisions of this Bylaw is, upon conviction, guilty of an offence and is subject to a penalty pursuant to the Provincial Offences Act, as amended. 8. THIS BY-LAW shall come into force and effect on the date of its passage. Dated at the Township of South Frontenac this 2017. Read a first and second time this day of March, day of March, 2017. Read a third time and finally passed this day of March, 2017. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC _______________________________ Ron Vandewal, Mayor ______________________________ Wayne Orr, Clerk-Administrator Page 21 of 61 REPORT TO COMMITTEE OF THE WHOLE PLANNING DEPARTMENT AGENDA DATE: March 14, 2017 SUBJECT: Review: ‘Promoting Affordable Housing Act, 2016’ _____________________________________________________________ RECOMMENDATION It is recommended that the Committee receive for information the Planning Report dated March 6, 2017, regarding a review of the province’s ‘Promoting Affordable Housing Act 2016’. BACKGROUND Under Bill 204, the province issued new legislation termed the “Promoting Affordable Housing Act, 2016”. The Bill received Royal Assent on December 8, 2016 and is still awaiting proclamation. The Act amends the Planning Act; the Development Charges Act, 1997; the Housing Services Act, 2011; and the Residential Tenancies Act 2006. The effects of the amendments are described as follows as they relate to the Township of South Frontenac. Under the new Act, Official Plans must contain policies relating to inclusionary zoning for affordable housing. This would help to serve more people in need of housing by increasing the supply of affordable residential units based on local needs. When the new Act is proclaimed, the Planning Act will be amended to give municipalities the option of requiring affordable housing units as part of residential development applications. Note that these regulations are not fully developed yet and the province plans to consult on a proposed regulation for inclusionary zoning before the Planning Act amendments are proclaimed. In summary, the inclusionary zoning will provide that: • A municipal assessment report is to be prepared leading to policies for inclusionary zoning in the Official Plan. These must be reviewed every five years, • Once policies are included in the Official Plan, the zoning by-law must be amended accordingly. It should be noted that, except for certain rules for height of buildings, any inclusionary zoning by-law amendment cannot be appealed, • Landowners must enter into agreements with the municipality that are to be registered on title and enforceable against subsequent owners to ensure that the units remain affordable over time, • Municipalities must establish procedures for the administration of affordable housing units so that they remain affordable over the long term and for reporting on affordable housing units. In addition to the above, the inclusionary zoning will have provisions for large multi-unit residential developments to allow the affordable units to be located on another site (subject to certain criteria) and to permit a form of density bonussing in exchange for community benefits. It is emphasized that in no case shall cashin-lieu of affordable housing be accepted. Page 22 of 61 Of particular interest to South Frontenac is that the new legislation will include initiatives to support the creation of secondary suites in single detached dwellings. The basis for this is the province’s recognition that secondary suites are a potential source of affordable rental housing and a source of revenue for homeowners. Attachment #1 lists examples of how new Official Plan policies might read. However, for municipalities like South Frontenac which are mostly unserviced with municipal water and sewer, it must be recognized that individual lot servicing would need to adequately support any extra demand from additional living units. There are other considerations as well. For example, approval of an additional household in an existing single detached dwelling would need to consider the adequacy of: • the septic system - KFL&A Public Health would need to approve, • the water supply - well records would need to be examined or the well tested, • vehicle parking - there should be enough room on the subject property for off-street parking of all vehicles (not in the front yard) ie., the character of the streetscape should not be adversely affected, • the appropriateness of the building- the new dwelling unit would need to meet all building and fire codes. Policies to address all of the above items will need to be included into the Official Plan and provisions put into the Comprehensive Zoning By-law. In drafting these regulations for South Frontenac, Council should consider whether they should be permitted in an existing principal building that is located within the 30 metre setback from a waterbody. Also, Council may wish to prohibit them from locating on any private lane where emergency responders may have more difficulty in providing service. In addition, new policies should restrict the size of a secondary dwelling to perhaps forty percent of the gross floor area of the existing principal building so that the second unit does not become the dominant use of the building or lot. The Promoting Affordable Housing Act also would change the provisions of a number of other Acts as reviewed below. The Development Charges Act, 1997 would be amended to prohibit municipalities from imposing development charges on new secondary suites. The Residential Tenancies Act, 2006 would be amended to require a local municipality to monitor compliance with prescribed maintenance standards as they apply to multi-unit residential complexes. Inspectors may be appointed to act on complaints from tenants. The Housing Services Act, 2011 would be amended to provide that an enumeration of persons who are homeless shall be conducted by service managers at times and in a manner that will be directed by the Minister of Municipal Affairs and Housing. As noted above, the province is still undertaking consultation in developing the inclusionary zoning and Official Plan policies. It is expected that new information will be presented soon on how and when these new policies regarding affordable housing will be implemented. Page 23 of 61 FINANCIAL and STAFFING CONSIDERATIONS Staff time will be required to review new legislation, prepare policies and draft zoning by-laws. Also public meetings are required. Over the longer term more administration and monitoring tasks will result requiring additional full-time staff. ATTACHMENTS Attachment #1 – shows possible Official Plan policies. Submitted/approved by: Lindsay Mills AffordableHousingReportToCofW Prepared by: Lindsay Mills ATTACHMENT 01 Page 24 of 61 % a ? ,;. % 09 /' s % i 11.3.3 Garden Suites and Secondary Units 1L3.3,1 Garden Suites A garden suite - sometimes called a granny flat - means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable and removable following their intended use. Garden suites are intended as housing for those who are generally capable of living independently but who, by virtue of their age or a disability, require the support of others to live on their own. The Plan shall allow the establishment of a garden suite on any lot upon which a single detached dwelling is a permitted use subject to a site-specific temporary l use Zoning By-Iaw amendment. The Planning Act enables a Municipality to enact a temporary use by-law to permit a garden suite for a period of up to 4Q-20 years with subsequent renewals as necessary and, together with the Municipal Act, allows a Municipality to enter into an agreement respecting: * * * the installation, maintenance and removal of the garden suite. the period of occupancy by the person(s) named in the agreement. a monetary or other form of security related to the garden suite. In considering a request to establish a garden suite, the proponent shall: @ * * * demonstrate that the increased intensity of use can be addressed in the proposal; demonstrate compliance to the Ontario Building and Fire Codes: demonstrate that there will be no adverse impacts on adjacent Iand uses (i.e., drainage, access for fire protection, sun shadow, existing infrastructure capacities, etc.); demonstrate compliance with applicable zoning standards for lot size, setbacks and parking; ?ow the external appearance will complement the principal residential dwe'l l 1 1 .3.3.2 Second Urii?s Second Units (also known as acce)sory apar!ments, basement apar!ments or %aw suites) are self-contained "d&elling units" often with a separate entrance, loc'? within, and subordinatgJ6, an existing single detached dwelling,B? detach'?welling, or tow?se dwellinq unit, that contains its own separate l l cooking and ?- cilities in addition to the usual living quarters. When a single detached dwelling, semi-detached dwellinq, or townhouse dwellinq contains an accessory apartment, it becomes a "two-unit dwelling." Encouraging the establishment of accessory apartment units is an effIcient, cost effec%ive means of increasing the supply 6f affordable, rental accommodations. ? residential units may also be permitted to locate within a residential accessory 141 J Page 25 of 61 l % ?. a) No more than an amount equal to 404G)-?per cent of the gross floor area of the principal dwelling may be developed for a secondary dwelling unit, except where a basement unit is created, in which case, there is no maximum size, l I l l Second units may be permitted "as of right" in certain zones of the implementing Zoning By-Iaw or by amendment to the implementing Zoning By-Iaw, in conjunction with a single detached dwelling, semi-detached dwellinq ot townhouse dwellinq, and in accordance with the following criteria: b) The secondary unit aeetesee?qr-?at will comply with the Ontario Building and Fire Codes. r,?A maximum of one unit is permitted in a ?detached dwelling, one in each half of a semi-detached building, and diiplev dinielling one in each townhouse dwellinq unit. ffim"E5. d) Where a seicond residential dwellinq is constructed within a residential accessory structure, the establishment of another second residential unit shall not be permitted in the primary residential dwellinq. e)BWhere a second residential dwellinq is constructed within a sinqledetached dwelling, semi-detached dwelling?, or townhouse dwellinq the establishment of another second residential unit shall not be permitted in any residential accessory buildinq.r d41) The secondary ?init is designed and located in such a manner to not have an impact on the streetscape or character of l the surrounding neighbourhood.? elg) No additional parking space is required but, where a new one is provided, it cannot be Iocated in the front yard. Tandem parking in the l existing driveway is permitted. i;ki7 As a condition of approval, Council may require that }he seqg33q,>i;y unitaccessoiy?apartment be registered in accordance with the provisions of the Municipal Act. 1 1 .3.4 Adequacy of Housing Council shall promote the maintenance of the Municipality's housing stock at a standard suff!cient to provide acceptable conditions of health, safety, and appearance. a) The Municipality shall enforce a by-law on standards for the maintenance and occupancy of property within the Municipality, according to the provisions of Section 14.5. 142 V Page 26 of 61 May 15, 2015 Kingston Official Plan TW oting the use of second residential units as affordable housing. ri ended by By-Law Number 2013-41 , OPA Number 19) Second Residential Units 3.3.11. SecondResidentia%nitsshallbepermittedwithinsingledetached dwellings, sem.3?tached dwellings and Iinked and row houses, provided &ordance with the zoning by-law and subject to the following they criteria: a. Criteria for conversion in Section 3.3.9 shall apply to second residentiai units; b. Second residential units must be in accordance with the Ontario Building Code with respect to health, safety, energy efficiency, water use, and other requirements, and shall obtain Building Permits as required; c. The Zoning By-Law shall identify Iocations where second residential units are permitted. The Iocations in which second residential units are permitted may be revised from time-to-time through an amendment to the zoning by-law; d. Zoning By-Law provisions shall be established and all second residential units shall be in accordance with the Zoning By-Law. Zoning provisions for second residential units may include, but are not Iimited to: * Housing types; * Parking and yard requirements; * Restrictions on lot coverage; Landscaped open space or amenity areas; Minimum and maximum floor areas; and * Location and configuration to ensure adequate parking and to ensure that sight lines are not impacted; e. Second residential units shall not be Iimited by density control requirements; f. Second dwelling units shall be a prohibited use on a residential dwelling lot containing a garden suite, boarding house or lodging house; Page 76 Section 3 Land Use Designations & Policy Page 27 of 61 Kingston Official Plan May 15, 2015 g. Adequate servicing shall be available to accommodate the second residential unit, including, but not limited to water, waste water and electricity. The City may require a supporting study prior to issuance of a building permit or in support of a development application, if deemed necessary; h. Second residential units shall have no negative impact on stormwater management and site drainage. The City may require a site grading plan to ensure conformity to this criterion; i. Second residential units shall not be permitted in a residential dwelling unit situated within a floodplain; j. Second residential units may be permitted on properties outside of the areas identified in implementing zoning by-Iaws and associated schedule's throiligh site-specific zoning by-Iaw amendments and the following criteria: * * * * * Adequate water, wastewater and drainage services are available for the second residential unit; Property is in close proximity to public transit services; That the development conforms to all applicable reguiations of the zoning by-Iaw and relevant policies and Iegislation; Existing parking requirements are maintained, and second residential unit parking requirements are met; and Adequate open space and/or amenity areas are available for all residents; k. In accordance with Section 9 of the Official Plan, a second residential unit shall be permitted in a Iegal non-complying building provided the unit does not increase the degree of non-compliance. If a second residential unit does increase the degree of noncompliance, it may be permitted subject to the approval of a minor variance or zoning by-law amendment; and 1. Second residential units shall not be permitted on Iots with legal non-conforming uses unless approved through a Zoning By-Law Amendment. (Amended by By-Law Number 2013-41 , OPA Number "I 9) Section 3 Land Use Designation & Policy Page 77 Page 28 of 61 REPORT TO COMMITTEE OF THE WHOLE PLANNING DEPARTMENT AGENDA DATE: March 14, 2017 SUBJECT: Request to Buy Parkland: Storrington District _______________________________________________________ RECOMMENDATION: It is recommended that the Committee receive for information the Planning Report dated March 10, 2017, and consider a request from a Township resident to buy parkland in an existing residential subdivision. BACKGROUND: A resident of the Township is requesting to know whether Council would consider selling to him land that was dedicated as parkland as part of a residential subdivision development. Attachment #1 is a map showing the location of subject land. The land is 4.77 acres in size and is characterized as being vacant scrubland. It slopes sharply down on its northwest side where there is some mature tree cover. The land was dedicated to the Township as part of the Silverwood Estates Subdivision in 1978 as parkland and has remained vacant since then. The Committee should note that a Township-owned park already exists in the vicinity of the subject property less than a kilometre away in the Heska subdivision. FINANCIAL and STAFFING CONSIDERATIONS: The funds received from the sale of the land must be put into the Township parkland reserve. ATTACHMENTS: Attachment #1 – shows the location of the subject property in relation to the existing park nearby. Submitted/approved by: Lindsay Mills ParklandRequestFromAcker Prepared by: Lindsay Mills Page 29 of 61 Attachment #1 ? N W*E , s Loughborough Lake 4Q= l %)'- +4 7 ,t-,4 ! 7 .9- W z U) ,,'k o@ @Q . o+ ! c40 Subject Land > 7 Cl 2 Oi m < uJ .... U) z ) o uJ -'-'--'--'- L .. - > o: ci 0 o o -3 tx uJ > J -- - - --' W S z W O €/) uJ . R- u uJ R U) :f - ... ----. Meters ,ioHN'SW.o 30 60 120 180 240 - . Page 30 of 61 Report to Council on Proposed repairs to the Fermoy Hall Recommendation: That the Committee of the Whole considers the proposed work planned for the Fermoy Hall by the citizen committee. Direction from Council is requested for the scope of work and confirms what funds are to be released to carry out the work. . Background: Councillor Barr and I arranged a meeting for interested community members in the Fermoy area to see what interest there was in using the Fermoy Hall for a range of activities. There was a good attendance at a first meeting and a committee of volunteers formed to explore what might be needed to make the hall safe and inviting for meeting space. Councillor Barr and I have sat in on the meetings as a resource for the group Council will recall that $30,000 had been part of the 2016 budget for work on the hall however there was a hold placed on the funds until a plan could be brought forward outlining the type of renovations that were under consideration and that could have approval from Council. The community committee made a presentation to Council in October to outline the extent of the work and received general approval from Council to move forward based on rough estimates. Basic electrical work was undertaken in January to upgrade wiring in the attic and exterior lighting for safety concerns but as warmer weather approaches, there is an opportunity to move forward with other work. Community members have considered some basic upgrades to the Hall: what follows is a summary of tasks. Wiring- a request had been made to provide 2 ceiling fans that would facilitate summer comfort levels. There are 7-8 windows in the building with screens and placement of fans in the windows could be an option. It is now most likely to purchase 4 new ceiling light fixtures rather than attempt to repair the existing fixtures and find globes. Plaster repair- there are several small holes in the walls and a larger ceiling hole that should be "patched" as well as an area where the plaster finish appears to be deteriorated around the area where the chimney has leaked over the years. Some contractors who did plastering were approached and offered a range of options including an overcoat of the existing surfaces once repairs had been completed. Floors- the main floor and the stage floor appear to be good wood but due to past use need to be sanded and urethaned. Painting- Once walls and ceilings have been repaired. the building needs to be painted. Page 31 of 61 The community group expects by making these upgrades to the building that it can function as a community hall with a variety of users on a seasonal basis from mid-May to Thanksgiving. It is their hope to evaluate the extent of community interest over a couple of years. To support the proposed use the group is requesting an identifying sign for the site, installation of 2 portable washrooms (with servicing), a water cooler, installation of WI-FI and internet (minor cost for off season suspension), window blinds, 10 tables & 70 chairs. Financial & Staff implicationsBased on estimates received to date by the community group and the extent of wall & ceiling repair, it is estimated that renovation and purchase of tables etc. should fall within an additional $20,000 (noting that some electrical work has been completed). There is more than $26,000 remaining in the budgeted line. There will be some time required from Public Works to obtain competitive quotes as necessary and to monitor the work as it progresses. Prepared by: Councilor Revill Page 32 of 61 REPORT TO COMMITTEE OF THE WHOLE PLANNING DEPARTMENT AGENDA DATE: March 14, 2017 SUBJECT: Status of Currently Active Subdivisions/Condominiums ______________________________________________________ RECOMMENDATION: It is recommended that the Committee receive the Planning Report dated March 7, 2017 for information regarding the status of currently active plans of subdivision and condominium. BACKGROUND: The Planning Department has been asked to update Council on the status of currently active plans of subdivision and plans of condominium. Accordingly, the following is a list of plans currently proposed or being finalized. Plans of Subdivision 1. Marshall Subdivision – McFadden Rd. at Norway Rd. Loughborough District - 5 lots proposed: - Plan is prepared - Had July 2016 pre-consultation meeting at County - No application submitted – has no status. - Owner advises he is days away from submitting an application. 2. Valleyview Estates (Rob Morgan), Loughborough District (Sydenham) 21 lots created: - Subdivision agreement is registered at registry office and building has commenced, - Securities are in place for remainder of works – tree planting still required. 3. Willowbrook Estates Phase 1 (Matias) – Storrington District (Inverary) 7 lots created: - Subdivision agreement is registered and one residence has been built - Securities are in place to ensure works are constructed to minimum standards. 4. Brett Campbell Subdivision – Storrington District (Sunbury) 24 lots proposed: - Has had 2 pre-consultation meetings at County over past 5 years - Reportedly has undertaken hydrogeological, archaeological and environmental studies - No application submitted – has no status. 5. Collins Lake Subdivision – Storrington District Lakefield Drive – 51 lots proposed: - Has had pre-consultation meeting at County - Public meeting held April 5, 2016 - Hydrogeological report peer review recommends denial of subdivision based on private water supply, - Developers have been conducting new hydrogeological study - Developers held a public open house October 27 at Inverary Church but nothing more has been finalized. Page 33 of 61 6. Roger Ouellette Subdivision – Storrington District (Battersea) – 15 lots proposed: - Has draft plan approval - Has approved zoning - Applicant passed away and widow has property up for sale. 7. Lyons Landing Subdivision Phase 2– off Lakefield Dr., Storrington District – 57 lots created: - Subdivision is registered and fifty percent of lots now have homes built, - $1000.00 parkland cash-in-lieu to be paid to Township per lot when each building permit is issued - One road still needs to be constructed and existing roads need upgrades – securities still held for works. 8. Terry Grant Subdivision - Portland District (Hartington) – 13 lots proposed: - Application for subdivision submitted to County on November 15, 2013, - Application for zoning amendment submitted to Township on April 15, 2015, - Conditions of draft plan approval denied and zoning by-law denied by Township Council, - Conditions of draft plan approval passed by County Council, - Township’s decision to deny zoning by-law amendment has been appealed to the Ontario Municipal Board, - Date for OMB hearing is May, 2017. PLANS OF CONDOMINIUM 9. Johnston Point Condominium- off North Shore Rd. Loughborough District – 15 units proposed: - Application for Plan of Condo and zoning by-law amendment submitted in June 2014, - Public meeting held on October 7, 2014 and open house held on March 3, 2015, - Applicant appealed to Ontario Municipal Board re lack of decision within the requisite 180 days, - Settlement hearing held on April 4, 2016 – Board orders that Plan of Condominium and zoning by-law amendment be approved. - Condominium Plan is now prepared but no securities yet received and plan is not yet registered at the registry office - Final inspection of stormwater management for road still required. 10. Applewood Condominium – off Kier Rd., Storrington District – 22 units proposed: - Draft plan approval given by Township and by County, - Associated zoning by-law denied on September 1, 2015 by Township Council, - Denial of zoning by-law appealed to Ontario Municipal Board - Settlement agreement reached at OMB hearing to approve zoning, - Condominium agreement now registered at registry office and units are created and building has commenced. - Securities are in place for remainder of works. 11. Cranberry Cove Condominium – off Carrying Place Rd., Storrington District- 13 units proposed: - Draft plan conditions approved by Township and by County - Zoning by-law amendment approved by Township, - Draft condominium plan now prepared - Plan not yet registered at registry office, - Property recently has new ownership. Page 34 of 61 12. Shield Shores Condominium – off Wellington St., - Storrington District – 17 units proposed: - Application for plan of condominium submitted to County - Application for zoning by-law amendment submitted to Township, - Supporting studies completed, - Public meeting held on April 19, 2016 on plan and zoning, - Revisions to plan now completed to satisfaction of Township Planning Dept. - County advises that a second public meeting is required because changes made to plan are significant. FINANCIAL AND STAFFING CONSIDERATIONS: N/A ATTACHMENTS: Attachment #1 - shows the location of all of the plans discussed above. Submitted/approved by: Lindsay Mills SubdivisionCondominiumStatus2017 Prepared by: Lindsay Mills ) o Page 35 of 61 4 N k Th 0 r c e 09 '1 '1 r A I l €5 :$ P+ ? < O) > €') P+ ?m < a) 0:) ;x o (/) 3 (D z 'I c ff art i €/) ! ?s < ?m U) ?m o :$ €/) g :) a 0 % S o :$ art o 3 :l ?s ) ?a I c 3 U) ? o 4 o l 4 ? o ff o i lfl N 0 ffl a) %wl aa (/)O c5 €/) c ff art ...__.______.______..____._._._____ ___...____.__.._.____________ ___._..___._._._._._____.____._.._.._ Fwd: 116 Wolfe Lake Road 1 message Natalie Hartwick