Body: Council Type: Agenda Meeting: Regular Date: October 3, 2023 Collection: Council Agendas Municipality: South Frontenac
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Township of South Frontenac Council Meeting Agenda
TIME: DATE: PLACE:
7:00 PM, Tuesday, October 3, 2023 Council Chambers/Virtual Via Zoom .
Call to Order
a)
Resolution
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
Scheduled Closed Session
Recess
Public Meeting
a)
Resolution - Public Meeting to Order
b)
Notice of Collection and Public Meeting Introduction
5 - 29
c)
Zoning By-law Amendment Application PL-ZBA-2023-0107, Mancino (ZanderPlan), Roll Number 102901001021415, Bedford District • This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0107 for a property on Westport Road with Assessment Roll Number 102901001021415. If approved, the zone on the subject lands would be changed from Rural (RU) to Rural – Special Provision (RU-75). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature (i.e. it fulfills a condition of consent approval).
30 - 36
d)
Zoning By-law Amendment Application PL-ZBA-2023-0109, 11188615 Canada Inc. (ZanderPlan), Roll Number 102903002085350, Bedford District • This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0109 for a property between 139 and 177 Mica Point Lane. If approved, the zone on the subject lands would be changed from Recreational Resort Commercial – Special Provision (RRC39) to Limited Service Residential Waterfront (RLSW and RLSW-135). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature (i.e. it fulfills a condition of consent approval).
37 - 44
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e)
Resolution - Close Public Meeting
Delegations
a)
Chris Hammer will be present to provide Council with an update regarding the Sydenham Highschool 150th Anniversary.
b)
David Brown will be present to speak to Council regarding a proposal to rename the Petworth Road single lane bridge.
Briefings
Approval of Minutes
a)
Resolution
Reports Requiring Action
a)
Award of Tender # PS-2023-26 – Wilmer Road Culvert Replacement
45 - 55
56 - 63
64 - 68
That Council accept the bid from Crains Construction Ltd. In the amount of $563,632.87 (net of HST credits) for Contract # PS-2023-26 Wilmer Road Culvert Replacement; and That Council authorize a project budget increase in the amount of $303,921.89 be funded from the Asset Investment Reserve through a reallocation from the Guiderail Program #21-R07 ($45,000) along with savings from the Battersea Road Reconstruction Project ($260,000). b)
Naming of Municipal Assets
69 - 92
That Council direct staff to develop a policy for the naming of municipal assets to be implemented by Q4 2023. 11.
Advisory Committee Reports or Minutes
Reports Requiring Approval of By-laws
a)
Implementation of Administrative Monetary Penalties – Animal at Large (excluding dogs and cats) By-law
93 103
That Council recommend as follows: a) That By-law 2023-77 attached as Exhibit A, being ‘By-law to Amend By-law 2022-70, ‘A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’, be given first and second reading. b) That By-law 2023-77 attached as Exhibit A, being “A By-law to Amend By-law 2022-70, ‘A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’, be given third reading, signed and sealed. c) That By-law 2023-78 attached as Exhibit B, being “A By-Law to Amend By-Law 2001-13, ‘A By-law to Prohibit the being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, within the Township of South Frontenac’, be given first and second reading. d) That By-law 2023-78 attached as Exhibit B, being “A By-Law to Amend By-Law 2001-13, ‘A By-law to Prohibit the being at Large or Trespassing of Any Animal,
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Excluding Dogs and Cats, within the Township of South Frontenac’, be given third reading, signed and sealed. b)
Zoning By-law Amendment Application PL-ZBA-2023-0107, Mancino (ZanderPlan), Roll Number 102901001021415, Bedford District
104 105
That By-law 2023-79 to amend the zoning on lands known as Parts 1, 2 and 3 on Plan 13R-22950, Part of Lot 20, Concession 11, District of Bedford, Township of South Frontenac be given first and second reading; and That By-law 2023-79 be given third reading, signed and sealed. c)
Zoning By-law Amendment Application PL-ZBA-2023-0109, 11188615 Canada Inc. (ZanderPlan), Roll Number 102903002085350, Bedford District
106 108
That By-law 2023-80 to amend the zoning on lands known as Part of Lot 32, Concession 7, District of Bedford, Township of South Frontenac be given first and second reading; and That By-law 2023-80 be given third reading, signed and sealed. 13.
Reports for Information
a)
2nd Quarter 2023 – Building Services Report • This report documents the delivery of Building Services within the Development Services Department between April 1, 2023, and June 30, 2023.
109 111
b)
2nd Quarter 2023 – Planning Services Report • This report documents the delivery of Planning Services within the Development Services Department between April 1, 2023, and June 30, 2023 (2nd Quarter, 2023).
112 115
Committee of the Whole
Information Items
a)
County of Frontenac - Statutory Public Meeting Notice regarding Official Plan Amendment #3 (Communal Services)
Notice of Motions
a)
Review of Arena Parking Options
Rise and Report regarding County Council and External Boards
a)
County Council
b)
Police Services Board
c)
Cataraqui Conservation
d)
Quinte Conservation
e)
Rideau Valley Conservation Authority
Announcements/Statements by Councillors
116 120
121 122
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Closed Session (if requested)
Confirmatory By-law
a)
Resolution
Adjournment
a)
Resolution Natural, Vibrant and Growing - A Progressive Rural Leader
123
Notice of Collection • Personal information, as defined by the Municipal Freedom of Information and protection of Privacy Act (MFIPPA), including (but not limited to names, addresses, opinions and comments, is collected under the authority of the Municipal Act, 2001, Planning Act and in accordance with MFIPPA. • All personal information may form part of the meeting agendas and minutes, and therefore will be made available to members of the public at the meetings, through requests, and through the website of the Corporation of the Township of South Frontenac. • Questions regarding the collection, use and disclosure of this personal information may be directed to the Township Clerk. Page 5 of 123
Public Meeting Statement • The purpose of this public meeting is to hear comments on Zoning By-Law Amendment Applications PL-ZBA-2023-0107 and PL-ZBA-2023-0109. • If a person or public body does not make oral or written submissions at this public meeting, or make written submissions to South Frontenac Township before any by-law is passed, the person or public body may not be added to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. • If you wish to be notified of the decision of Council in respect to the application, you must submit a written request to the Clerk by email care of planning@southfrontenac.net. This will also entitle you to be advised of an Ontario Land Tribunal appeal.
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• Anyone may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the Clerk within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal.
Public Meeting under the Planning Act
Applications for Zoning By-law Amendment PL-ZBA-2023-0107 PL-ZBA-2023-0109 Page 7 of 123
Tuesday, October 3, 2023 7:00 p.m. Council Meeting
Public Meeting Statement • The purpose of this public meeting is to hear comments on Zoning By-Law Amendment Applications PL-ZBA-2023-0107 and PL-ZBA-2023-0109. • If a person or public body does not make oral or written submissions at this public meeting, or make written submissions to South Frontenac Township before any by-law is passed, the person or public body may not be added to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. • If you wish to be notified of the decision of Council in respect to the application, you must submit a written request to the Clerk by email care of planning@southfrontenac.net. This will also entitle you to be advised of an Ontario Land Tribunal appeal.
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• Anyone may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the Clerk within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal.
Meeting Format • Planner reviews proposal and delivers report • Open discussion • Council questions • Public questions and comments • Council comments Page 9 of 123
• Close public meeting
PL-ZBA-2023-0107
Applicant: Michael Mancino Agent: ZanderPlan Property: Assessment Roll Number 102901001021415 (Between Gardner Lane and Westport Road) Page 10 of 123
Location
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Proposal • Severance of two residential lots approved in June 2022 • Existing Zone – RU • Proposed Zone – RU-75 • Permit 0.7ha (1.7ac) lot area
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Proposal
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View from east end of property Page 14 of 123
View from west end of property (Westport Road is on the right)
Department and Public Comments • Public Services, Building Services and Rideau Valley Conservation Authority – no objection to the consent applications • Public – none received
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Planning Analysis
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• Provincial Policy Statement, County Official Plan and Township Official Plan allow rural lot creation • Minimum 0.8 ha (2 acre) lot area required for new lots • Ensures adequate well and sewage system separation • 0.7 ha (1.7 acre) lot area proposed • Low density area • Committee of Adjustment approved consent that does not conform to Official Plan and Zoning By-law • Council may consider the deficient lot area by changing the zone on the lot
Next Steps • South Frontenac Council should receive comments from the public • Staff recommendation to pass a by-law tonight
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Open Discussion 1. 2. 3.
Council Questions Public Questions and Comments Council Comments
If you are joining virtually and would like to speak:
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• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
PL-ZBA-2023-0109 Applicant: 11188615 Canada Inc. (Mark Cooke) Agent: ZanderPlan Property: Between 139 and 177 Mica Point Lane
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Location
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Proposal • Lot addition approved in September 2022
• Existing Zone – RRC-39 • Proposed Zone – RLSW • One zone on the enlarged lot
• Easement approved in September 2022
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• Existing Zone – RRC-39 • Proposed Zone – RLSW-135 • To permit parking and docking facilities for water-access only lots, plus accessory buildings • Maximum 12 parking spaces • Maximum 5% lot coverage
Proposal
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Enlarged lot at 177 Mica Point Lane
Mica Point Lane frontage of “Easement” lot
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Easement lot (in the treed area)
Department and Public Comments • Public Services, Building Services and Rideau Valley Conservation Authority – no objection to the consent applications • Public – none received
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Policy Framework Provincial Policy Statement Frontenac County Official Plan Township of South Frontenac Official Plan
• Put in place appropriate zoning • Provide mainland parking and docking facilities for wateraccess only properties
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Next Steps • South Frontenac Council should receive comments from the public • Staff recommendation to pass a by-law tonight
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Open Discussion 1. 2. 3.
Council Questions Public Questions and Comments Council Comments
If you are joining virtually and would like to speak:
Page 28 of 123
• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Adjourn Public Meeting
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To: Council Prepared by: Development Services Department Date of Meeting: October 3, 2023 Zoning By-law Amendment Application PL-ZBA-2023-0107, Subject: Mancino (ZanderPlan), Roll Number 102901001021415, Bedford District
Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0107 for a property on Westport Road with Assessment Roll Number 102901001021415. If approved, the zone on the subject lands would be changed from Rural (RU) to Rural – Special Provision (RU-75). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature (i.e. it fulfills a condition of consent approval).
Recommendation THAT By-law 2023-79 to amend the zoning on lands known as Parts 1, 2 and 3 on Plan 13R-22950, Part of Lot 20, Concession 11, District of Bedford, Township of South Frontenac be given first and second reading; and That By-law 2023-79 be given third reading, signed and sealed.
Background The subject application is related to consent applications PL-BDJ-2022-0022 and PL-BDJ2022-0023 for the creation of two new lots. The consent applications were approved by the Committee of Adjustment on June 9, 2022. The purpose of the rezoning application is to implement a condition that requires the parcels to be rezoned. This change would permit the severed parcels and the retained parcel to have a minimum 0.7 hectares (1.7 acres) lot areas, whereas a minimum 0.8 hectare (2 acre) lot area is generally required. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 31 of 123 Township of South Frontenac Staff Report - Zoning By-law Amendment Application PL-ZBA-2023-0107, Mancino (ZanderPlan), Roll Number 102901001021415, Bedford District
Property Description The subject property is located on the north side of Westport Road and south of Gardner Lane. The subject property is triangular shaped and has a total area of 2.15 hectares (5.32 acres). The property is vacant and consists of farmland. There are mature trees along the property line that abuts Westport Road as well as along Gardner Lane. There is a watercourse that runs through the edge of the property in the south-west corner. There is existing residential development along Gardner Lane surrounding the subject property.
Department and Agency Comments Public Services and Building Services were not circulated the rezoning application as they had no objection to the approval of the consent applications. Rideau Valley Conservation Authority also had no objection to the consent applications.
Public Comments No comments were received from the public at the time of writing this report.
Planning Analysis The proposed zoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The Committee of Adjustment had consideration for these planning documents in the decision to grant provisional approval to the consent applications. The Provincial Policy Statement 2020 (Section 1.1.5) and the County of Frontenac Official Plan (Section 3.3) permit residential development, including lot creation that is locally appropriate, in rural lands. The County Official Plan and the Township Official Plan also permit residential development in the Rural designations. Section 5.7.4 of the Township Official Plan states that the minimum lot area for lots shall not be less than 0.8 hectares (2 acres) when serviced by a private well and private sanitary sewage system. The land division policies (Section 7.1) echo the requirement for minimum lot areas. The RU zone requires a minimum 0.8 hectare (2 acre) lot area. The applicant proposed 0.7 hectare lot areas for the two severed parcels and the retained parcel, in order to maximize the development potential of the subject lands. These lot
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 32 of 123 Township of South Frontenac Staff Report - Zoning By-law Amendment Application PL-ZBA-2023-0107, Mancino (ZanderPlan), Roll Number 102901001021415, Bedford District
areas do not comply with the minimum lot area requirements of the Official Plan and the Zoning By-law. The Township Official Plan requires a minimum 0.8 hectare lot area to ensure adequate separation distances between wells and sewage systems so that groundwater quality is not impacted, to avoid an overdeveloped appearance, and to help ensure a reasonable separation between residential uses. Lesser lot areas are generally only considered through a plan of subdivision in which lot creation is typically supported by a hydrogeological assessment and terrain analysis that demonstrates that there would be no adverse impacts to groundwater quality and quantity for the proposed lot and the existing development in the area. The severed parcel was created through a consent not a subdivision, therefore no study was required nor completed. Section 5.7.4 of the Township Official Plan allows the Municipality to consider reductions to the minimum lot size requirement provided the overall intent of the Plan is maintained. This approval would come in the form of a zoning by-law amendment to permit the severed parcels and the retained parcel to have lesser lot areas. The subject lands are surrounded by roads. Nearby properties off Gardner Lane exceed the minimum lot area requirements, except for a few cottage properties. There is no development on the south side of Westport Road across from the subject lands. This means there is a low density of wells and sewage systems in the immediate area. This suggests that the proposed 0.7 hectare, regular-shaped lots are unlikely to cause adverse impacts to groundwater quality and quantity for the proposed lots and the existing development in the area. Private wells and sewage systems are the only servicing option in this location. The Township must be satisfied that any new lot created by consent can be serviced by a sewage disposal facility and adequate water supply. Building Services was satisfied that the severed parcels have flexibility to locate a sewage disposal system. The Township typically requires the ability to be serviced by a private well to be demonstrated as a condition of consent approval.
Conclusion It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject lands.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 33 of 123 Township of South Frontenac Staff Report - Zoning By-law Amendment Application PL-ZBA-2023-0107, Mancino (ZanderPlan), Roll Number 102901001021415, Bedford District
Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature. Specifically, the Committee of Adjustment had consideration for all applicable policy in the decision to grant provisional approval to the consent applications, and the by-law will fulfill one of their conditions.
Financial Implications Not applicable.
Relationship to Strategic Plans ☒ Not applicable to this report.
☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item (if applicable): N/A
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Attachments
- By-law 2023-79
Approvals Report Prepared By: Christine Woods, MCIP, RPP, Senior Planner www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 34 of 123 Township of South Frontenac Staff Report - Zoning By-law Amendment Application PL-ZBA-2023-0107, Mancino (ZanderPlan), Roll Number 102901001021415, Bedford District
Submitted By:
Brad Wright Director of Development Services
Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 35 of 123
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-79 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO RURAL – SPECIAL PROVISION (RU-75) ON LANDS DESCRIBED AS PARTS 1, 2 AND 3 ON PLAN 13R-22950, PART LOT 20, CONCESSION 11, DISTRICT OF BEDFORD WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “D” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural – Special Provision (RU-75) for the lands shown on Schedule “1”.
THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RU-75 (Parts 1, 2 and 3 on Plan 13R-22950, Part of Lot 20, Concession 11, District of Bedford) immediately after the last Rural – Special Provision section to read as follows: RU-75 (Parts 1, 2 and 3 on Plan 13R-22950, Part of Lot 20, Concession 11, District of Bedford) Notwithstanding the provisions of Section 7 or any other provision of this By-law to the contrary, on the lands zoned Special Rural (RU-75), the following provisions apply: •
Lot Area (Minimum)
0.7 hectares (1.7 acres)
All other provisions of this by-law shall apply. 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 3rd day of October, 2023. Read a first and second time this 3rd day of October, 2023. Read a third time and finally passed this 3rd day of October, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 36 of 123 Schedule 1 This is Schedule “1” to By-law No. 2023-79
Passed this 3rd day of October, 2023
Ron Vandewal, Mayor
James Thompson, Clerk
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To: Council Prep a red by: Development Services Department Da t e of Meet ing: October 3, 20 23 Zoning By-la w Am endm ent Applica t ion PL-ZBA-202 3-0 109 , Subject : 11188615 Ca na da Inc. (Zand erPla n), Roll Num b er 10290 30020 85350 , Bedford Dis t rict
Summ ary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0109 for a property between 139 and 177 Mica Point Lane. If approved, the zone on the subject lands would be changed from Recreational Resort Commercial – Special Provision (RRC-39) to Limited Service Residential Waterfront (RLSW and RLSW135). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature (i.e. it fulfills a condition of consent approval).
Recom m enda t ion THAT By-law 2023-80 to amend the zoning on lands known as Part of Lot 32, Concession 7, District of Bedford, Township of South Frontenac be given first and second reading; and That By-law 2023-80 be given third reading, signed and sealed.
Ba ckg round The subject application is related to consent applications PL-BDJ-2022-0110 for an easement and PL-BDJ-2022-0111 for a lot addition. The consent applications were approved by the former Director of Development Services on September 7, 2022. One condition requires the lands to be rezoned. The lot addition lands would be rezoned from RRC-39 to RLSW to match the zone on the benefitting lands (177 Mica Point Lane). The remaining lands would be rezoned from RRC-39 to the site-specific RLSW-135 zone to permit parking and docking facilities for four water-access only parcels, and accessory buildings for their secure storage of a boat and marine accessories (e.g. motors, paddles, life jackets).
w w w .s out hfrontenac.net
Natural, Vibrant and Grow ing – a Progressive, Rural Leader.
Page 38 of 123 Tow nship of South Frontenac Staff Report - Zoning By- law Am end m ent Application PL-ZBA-2 0 2 3 -0 1 0 9 , 1 1 1 8 8 6 1 5 Canada Inc. (ZanderPlan), Roll Number 1 0 2 9 0 3 0 0 2 0 8 5 3 5 0 , Bedford District
Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning.
Propert y Descript ion The subject property is located on the east side of Mica Point Lane and has waterfrontage on Bobs Lake. The lands adjacent to the lane are forested and generally level. A pathway bisects the subject property approximately 20 metres from the lake. This pathway connects the property to the north (former Bowers Camp at 139 Mica Point Lane) with the property to the south (177 Mica Point Lane). The lands between the pathway and the shoreline are high and steep, and are also forested. The subject property is not developed. The subject property is zoned RRC-39. It permits a tourist establishment consisting of 11 tourist cabins and one single detached dwelling. This zone is also associated with 139 Mica Point Lane, where the tourist establishment is located.
Depa rt m ent a nd Ag ency Comm ent s The application did not meet the criteria for circulation to Public Services since the subject property is on a private lane. The application did not meet the criteria for circulation to Building Services as the subject property is vacant and the proposal does not impact the existing sewage system on the benefitting lands. Rideau Valley Conservation Authority had no objection to the consent applications.
Public Comm ent s No comments were received from the public at the time of writing this report.
Pla nning Ana lysis The proposed zoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The former Director of Development Services had consideration for these planning documents in the decision to grant provisional approval to the consent applications. The Provincial Policy Statement 2020 (Section 1.1.5) permits resource-based recreational uses, including cottages, on rural lands. The County Official Plan and the Township Official Plan also permit residential development in the Rural designations.
w w w .s out hfrontenac.net
Natural, Vibrant and Grow ing – a Progressive, Rural Leader.
Page 39 of 123 Tow nship of South Frontenac Staff Report - Zoning By- law Am end m ent Application PL-ZBA-2 0 2 3 -0 1 0 9 , 1 1 1 8 8 6 1 5 Canada Inc. (ZanderPlan), Roll Number 1 0 2 9 0 3 0 0 2 0 8 5 3 5 0 , Bedford District
The 0.23 acre lot addition will provide 177 Mica Point Lane with frontage on the lane, securing long-term access to this developed property. The zone on the severed parcel and the benefitting lands is not the same. The zone on the severed parcel (lot addition) needs to be changed from RRC-39 to RLSW to ensure that the resulting enlarged parcel is zoned RLSW in its entirety, and can only be used for residential purposes. The 1.1 acre retained parcel is proposed to be used to provide car parking and boat docking for water-access only residential properties. This would include accessory buildings for their secure storage of a boat and marine accessories (e.g. motors, paddles, life jackets). Section 5.7.7(iii) of the Township Official Plan includes policies requiring water-access only lots and islands to have legal deeded access on a mainland property for car parking and boat docking. Such facilities must be owned or tied in perpetuity to the water access only lot and be zoned for parking and docking facilities only. Legal deeded access is required so that a building permit may be issued for a building or structure, per section 5.25 of the Zoning By-law. There are many water-access only properties on Bobs Lake, and according to their owners, there are limited opportunities for mainland access. The proposed easement would provide car parking and boat docking on the retained parcel for four water-access only properties. These properties are located approximately 700 metres south of the retained parcel. A majority of these four properties are developed with seasonal dwellings. The site plan sketch demonstrates conceptually that the retained parcel has sufficient area outside any required setbacks (e.g. 30 metres from highwater mark) for a minimum of 8 parking spaces (2 parking spaces per dwelling unit) as required by the Zoning By-law. There is also sufficient area for compliant storage buildings. The retained parcel will need to be rezoned from RRC-39 to a site-specific RLSW zone to restrict the use of the parcel to car parking and boat docking. The zone will permit a maximum of 12 parking spaces. The zone will also permit accessory buildings to allow for secure storage of marine-related materials (e.g. motors, paddles, life jackets). The proposed by-law would establish a maximum 3% lot coverage for these buildings. Staff note that the retained parcel will be subject to site plan control in order to regulate the location of parking spaces, docks, and any accessory buildings and structures, and to require maintenance of buffers.
Conclusion It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject lands. w w w .s out hfrontenac.net
Natural, Vibrant and Grow ing – a Progressive, Rural Leader.
Page 40 of 123 Tow nship of South Frontenac Staff Report - Zoning By- law Am end m ent Application PL-ZBA-2 0 2 3 -0 1 0 9 , 1 1 1 8 8 6 1 5 Canada Inc. (ZanderPlan), Roll Number 1 0 2 9 0 3 0 0 2 0 8 5 3 5 0 , Bedford District
Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature. Specifically, the former Director of Development Services had consideration for all applicable policy in the decision to grant provisional approval to the consent applications, and the by-law will fulfill one of their conditions.
Fina ncia l Im plica t ions Not applicable.
Rela t ionship t o St ra t eg ic Pla ns ☒ Not applicable to this report.
☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item (if applicable): N/A
Clima t e Considerat ions ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Not ice/Consult a t ion Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
At t a chm ent s
- By-law 2023-80
w w w .s out hfrontenac.net
Natural, Vibrant and Grow ing – a Progressive, Rural Leader.
Page 41 of 123 Tow nship of South Frontenac Staff Report - Zoning By- law Am end m ent Application PL-ZBA-2 0 2 3 -0 1 0 9 , 1 1 1 8 8 6 1 5 Canada Inc. (ZanderPlan), Roll Number 1 0 2 9 0 3 0 0 2 0 8 5 3 5 0 , Bedford District
Approva ls Rep ort Prepa red By: Christine W oods, MCIP, RPP, Senior Planner Sub m it t ed By:
Brad W right Director of Development Services Ap p roved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
w w w .s out hfrontenac.net
Natural, Vibrant and Grow ing – a Progressive, Rural Leader.
Page 42 of 123
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-80 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RECREATIONAL RESORT COMMERCIAL – SPECIAL PROVISION (RRC-39) TO LIMITED SERVICE RESIDENTIAL – WATERFRONT (RLSW AND RLSW-135) ON LANDS DESCRIBED AS PART LOT 32, CONCESSION 7, DISTRICT OF BEDFORD WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “D” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Recreational Resort Commercial – Special Provision (RRC-39) to Limited Service Residential Waterfront (RLSW and RLSW-135) for the lands shown on Schedule “1”.
THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RLSW-135 (Part Lot 32, Concession 7, District of Bedford) immediately after the last Limited Service Residential – Waterfront – Special Provision section to read as follows: RLSW-135 (Part Lot 32, Concession 7, District of Bedford) Notwithstanding the provisions of Section 10 or any other provision of this Bylaw to the contrary, on the lands zoned Special Limited Service Residential – Waterfront (RLSW-135), the following provisions apply: Permitted Uses • Private vehicle parking area and boat docking for the exclusive use of lots whose only access is by means of a navigable waterway, and that have deeded rights to parking and docking at this location • Accessory uses, buildings and structures to the above uses Zone Requirements • Number of Parking Spaces (Maximum) • Lot Coverage for Accessory Buildings (Maximum)
12 3%
All other provisions of this by-law shall apply. 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.
Page 43 of 123 Dated at the Township of South Frontenac this 3rd day of October, 2023. Read a first and second time this 3rd day of October, 2023. Read a third time and finally passed this 3rd day of October, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 44 of 123 Schedule 1 This is Schedule “1” to By-law No. 2023-80.
Passed this 3rd day of October, 2023
Ron Vandewal, Mayor
James Thompson, Clerk
Worship,
Naming Petworth
Road
single Lane
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attached
further
have
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military
signed petition by 53 our formal requesting of Petworth of the Village residents Council name the bridge in memory of Corporal that on David Ira Boyce who was born in the Village 1887. April 4th,
It
is with great that honour to you I write representing of the historic of the residents all Village in making our request that of Petworth officially steel lane Council name the single within bridge River our village the Napanee over David Ira Boyce, 20 Battalion, memory of Corporal Canadian Army.
Your
Re:
KOH 2T0
of
Ron Vandewal, Township South Frontenac 4432 George St. Sydenham, ON.
Mayor
September
in
2021
Page 45 of 123
Petworth
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Harrowsmith
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On
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Respectfully Submitted,
It
be fitting if we could have unveiled on the lO3rd anniversary of which would not interfere with local Day ceremonies on November 11th.
would
signs.
Allan
supports
Mr.
our
signs his death Remembrance the
appropriate signage be entrances of the Legion Poppy emblem, November 1918, on the
spoken with his great nephew a Township resident who fully
We respectfully that request erected at the east and west bridge with a Royal Canadian Corporal David Ira Boyce, 10
I have Boyce, request.
Page 46 of 123
Ira
in
the
village today.)
10th
of
David is the only known the Village of Petworth,
hit. war veteran killed in action from and to properly remember his
November 1918, the Battalion was advancing to St. Symphorien in Belgium, when David was head with shrapnel. He died at the scene
from Frameries struck in the shortly have being
On the
David enlisted in the Canadian army on December 9th, 1915 along in Kingston area with other men. He was assigned to the Central Ontario Regiment the 20th Battalion. within
remain
was born on April Boyce 1887 in Petworth, 4th, Frontenac to Mrs. Eliza County (Smith) and Mr. George Boyce Mrs. father W. Boyce. Boyce’s was Ira Smith the blacksmith in the village of Petworth and the first school teacher in the village. (Both the blacksmith shop and the school house
David
We the residents of the Village of Petworth petition theicouncil of South Frontenac Township to name the single lane bridge over theNapanee River on Petworth Road in the Village of Petworth in memory of Corporal David Ira Boyce. KIA November 10th, 1918.
Petition
Page 47 of 123
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Page 56 of 123 Minutes of Council September, 19, 2023
Township of South Frontenac Council Meeting Minutes
Meeting # 29 Time: 7:00 pm. Location: Council Chambers & Virtually via Zoom Present: Charlene Godfrey (virtually), Ray Leonard, Steve Pegrum, Norm Roberts, Randy Ruttan (virtually), Ron Sleeth, Scott Trueman, Mayor Ron Vandewal Absent: Doug Morey Staff: Louise Fragnito - Chief Administrative Officer, James Thompson - Clerk, Michelle Hannah - Deputy Clerk, Brad Wright - Director of Development Services, Kyle Bolton Director of Public Services, Shelley Stedall - Director of Corporate Services and Treasurer (virtually) Christine Woods - Senior Planner, Tom Fehr - Planner 1
Call to Order
a)
Resolution Resolution No. 2023:29:01 Moved by Councillor Pegrum Seconded by Councillor Trueman That the Council meeting of September 19, 2023 be called to order at 7:00 p.m. Carried
2 a)
Declaration of pecuniary interest and the general nature thereof There were none.
3
Approval of Agenda
a)
Resolution Resolution No. 2023:29:02 Moved by Deputy Mayor Sleeth Seconded by Councillor Roberts That the agenda be approved, as presented.
4 a) 5 a)
Scheduled Closed Session There was none. Recess There was none.
6
Public Meeting
a)
Resolution - Public Meeting to Order
Carried
Page 57 of 123 Minutes of Council September, 19, 2023 Resolution No. 2023:29:03 Moved by Councillor Godfrey Seconded by Councillor Ruttan That the public meeting regarding Zoning By-Law Amendment Applications PLZBA-2023-0099 and PL-ZBA-2023-0100 be called to order. Carried b)
Notice of Collection and Public Meeting Introduction Michelle Hannah provided the Notice of Collection and Public Meeting information.
c)
Public Meeting for Zoning By-law Amendment Application - PL-ZBA-20230099, Trousdale Enterprises Inc./Boulevard Group, 4231 and 4143 Perth Road • The report provided Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0099 which applies to properties municipally known as 4231 and 4143 Perth Road. If approved, the zone on the subject lands would be changed from Urban Commercial (UC) and Urban Residential - First Density (UR1) to an Urban Commercial Special Exception zone (UC-31). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application through the public meeting. Staff will bring a more detailed report considering applicable policy and public comments, as well as providing a recommendation to Council on this application at a future meeting. The Planner, Tom Fehr delivered an overview of the Planning Report. In response to Councillor Sleeth Tom Fehr advised that the application should be coming back before Council in the next month. Troy Dunlop advised that there will not be a requirement for turning lanes based on the traffic impact study completed by the applicant. Jason Sands, Agent clarified that the the application incudes a proposal for a future expansion which is identified in the Site Plan. Mayor Vandewal provided an opportunity for public input. No public input was provided.
d)
Zoning By-law Amendment Application - PL-ZBA-2023-0100, Shaw, 3298 Amey Road • The report provided Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0100 for 3298 Amey Road. If approved, the zone on the subject lands would be changed from Rural (RU) to a property specific Rural zone (RU-74) to permit a secondary dwelling unit on the property. Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature, and specifically because Council will be considering passing by-laws to permit additional dwelling unit Townshipwide at the same meeting. Christine Woods, Senior Planner provided an overview of the Planning Report.
Page 58 of 123 Minutes of Council September, 19, 2023 Mayor Vandewal provided an opportunity for Council and public input. No input from Council or the public was received. The Public meeting was closed. e)
Resolution - Close Public Meeting Resolution No. 2023:29:04 Moved by Councillor Lenoard Seconded by Councillor Pegrum That the public meeting be closed.
7 a)
Carried
Delegations There were none.
8
Briefings
a)
Dave Gordon, Senior Advisor, Waste Diversion was present to speak to Council regarding the AMO Blue Box Transition. Dave Gordon provided an overview of the AMP Blue Box Transition.
9
Approval of Minutes
a)
Resolution Resolution No. 2023:29:05 Moved by Councillor Pegrum Seconded by Councillor Ruttan That the minutes of the September 5, 2023 Council meeting be approved.
10
Reports Requiring Action
a)
By-law Enforcement Update
Carried
Resolution No. 2023:29:06 Moved by Councillor Pegrum Seconded by Councillor Leonard That Council direct staff to continue to monitor by-law enforcement complaints including any in relation to short-term rental accommodations in the Township of South Frontenac and provide Council with a further update regarding this matter in September 2024. Carried b)
Approval of Municipal Appointment (Area at Large) – Cataraqui Source Protection Committee Resolution No. 2023:29:07 Moved by Councillor Roberts Seconded by Councillor Godfrey That the Council of the Corporation of the Township of South Frontenac endorse the appointment of Kristie Kelly, Director of Environmental Services, Town of Greater Napanee as the Municipal Representative (Area at Large) - Cataraqui Source Protection Committee.
Page 59 of 123 Minutes of Council September, 19, 2023 Carried c)
Emergency Management Program – Appointment of Emergency Designate for the Mayor Resolution No. 2023:29:08 Moved by Councillor Leonard Seconded by Councillor Ruttan That Council appoint Councillor Pegrum as the Emergency Management Program – Emergency Designate for the Mayor for the term of Council.
d)
Carried
Building Services Vehicle Resolution No. 2023:29:09 Moved by Councillor Leonard Seconded by Councillor Roberts That Council approve the purchase of one vehicle with an upset limit in the amount of $65,000; and That the purchase be funded by the Building Services Reserve.
e)
Carried
Automatic Vehicle Location (AVL) Services Resolution No. 2023:29:10 Moved by Councillor Leonard Seconded by Councillor Pegrum That Council authorize the Public Services Department to enter into a service agreement with Trackmatics Inc for AVL services; and That Council approve the purchase for the supply and installation of AVL equipment in the heavy-duty plow trucks in the amount of $44,817.14 from Trackmatics. Carried
f)
Travel and Expense Reimbursement Policy Resolution No. 2023:29:11 Moved by Councillor Roberts Seconded by Councillor Trueman That the proposed Township of South Frontenac Travel and Expense Reimbursement Policy, attached to the Report as Attachment A, be approved by Council, AND FURTHER than any policy or by-law that references reimbursement of meals or use of Personal Vehicles (per km reimbursement charge), will be set aside and the attached Travel and Expense Reimbursement allowances be applied. AND FURTHER that the policy become effective September 1, 2023.
11 a) 12
Advisory Committee Reports or Minutes There were none. Reports Requiring Approval of By-laws
Carried
Page 60 of 123 Minutes of Council September, 19, 2023 a)
Appointment of an Integrity Commissioner for the Township of South Frontenac Resolution No. 2023:29:12 Moved by Councillor Trueman Seconded by Councillor Pegrum That Cunninham, Swan, Carty, Little & Bonham LLP (led by Tony Fleming) be appointed as the Integrity Commissioner for the Township of South Frontenac; That By-law 2023-71, attached to the Report as Exhibit A, being “A By-law to Appoint an Integrity Commissioner for the Corporation of the Township of South Frontenac” be given first and second reading. Carried Resolution No. 2023:29:13 Moved by Councillor Roberts Seconded by Councillor Godfrey That By-law 2023-71 be given third reading, signed and sealed.
b)
Carried
Appointment of Building Inspectors Resolution No. 2023:29:14 Moved by Councillor Godfrey Seconded by Councillor Trueman That By-law 2023-72 being a By-law to appoint Building Inspectors be given first and second reading. Carried Resolution No. 2023:29:15 Moved by Councillor Ruttan Seconded by Councillor Roberts That By-law 2023-72 be given third reading, signed and sealed.
c)
Carried
Township-Initiated Official Plan and Zoning By-law Amendments on Additional Dwelling Units Resolution No. 2023:29:16 Moved by Councillor Ruttan Seconded by Councillor Roberts That By-law 2023-74 being a By-law to amend Zoning By-law No. 2003-75, as amended, to implement the Official Plan Amendment on additional dwelling units, be given first and second reading. Carried Resolution No. 2023:29:17 Moved by Councillor Leonard Seconded by Councillor Godfrey That By-law 2023-74 be given third reading, signed and sealed.
Carried
Resolution No. 2023:29:18 Moved by Councillor Leonard Seconded by Councillor Trueman That By-law 2023-73 being a By-law to amend the Township of South Frontenac Official Plan to add policies on additional dwelling units be given first and second reading; and
Page 61 of 123 Minutes of Council September, 19, 2023 That Council direct staff to prepare and send the Official Plan Amendment package to the County of Frontenac for approval. Resolution No. 2023:29:19 Moved by Councillor Pegrum Seconded by Councillor Deputy Mayor Sleeth That By-law 2023-73 be given third reading, signed and sealed. d)
Carried
Carried
Zoning By-law Amendment Application - PL-ZBA-2023-0100, Shaw, 3298 Amey Road Resolution No. 2023:29:20 Moved by Councillor Roberts Seconded by Councillor Ruttan That By-law 2023-75 to amend the zoning on lands known as 3298 Amey Road, Part 1, Reference Plan 13R3842, Part of Lot 1, Concession 4, District of Portland, Township of South Frontenac be given first and second reading. Carried Resolution No. 2023:29:21 Moved by Councillor Godfrey Seconded by Deputy Mayor Sleeth That By-law 2023-75 be given third reading, signed and sealed.
13
Reports for Information
a)
Blue Box Transition Update
b)
Public Services Department Quarterly Update
c)
Investment update to June 30, 2023
d)
2023 Year to Date Financial Report to July 31, 2023
14
Committee of the Whole
a) 15 a)
Carried
There was none. Information Items There were none.
16
Notice of Motions
a)
Notice of Motion – Noise By-law Exemption Applications – Delegated Authority Resolution No. 2023:29:22 Moved by Councillor Trueman Seconded by Councillor Pegrum That Council direct staff to report back to Council regarding a proposed policy to process certain Noise By-law Exemption Applications through delegated authority. Carried
Page 62 of 123 Minutes of Council September, 19, 2023 b)
Mayor Vandewal submitted a Notice of Motion to review parking at the Frontenac Community Arena.
17
Rise and Report regarding County Council and External Boards
a)
County Council
b)
Police Services Board Councillor Pegrum provided an update regarding the OAPSB Zone 2 meeting.
c)
Cataraqui Conservation
d)
Quinte Conservation
e)
Rideau Valley Conservation Authority
f)
Arena Board Councillor Roberts advised that the ice is in at the arena.
18
Announcements/Statements by Councillors
19
Closed Session (if requested)
20
Confirmatory By-law
a)
Resolution Resolution No. 2023:29:23 Moved by Councillor Leonard Seconded by Councillor Roberts That By-law 2023-76, being a by-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac, be given first and second reading. Carried Resolution No. 2023:29:24 Moved by Councillor Trueman Seconded by Councillor Leonard That By-law 2023-76, being the confirmatory by-law, be given third reading, signed and sealed. Carried
21
Adjournment
a)
Resolution Resolution No. 2023:29:25 Moved by Councillor Roberts Seconded by Councillor Ruttan That the Council meeting of September 19, 2023 be adjourned at 8:44 p.m. Carried
Ron Vandewal, Mayor
James Thompson, Clerk
Page 63 of 123 Minutes of Council September, 19, 2023
Page 64 of 123
To: Council Prepared by: Public Services Department Date of Meeting: October 3, 2023 Subject:
Award of Tender # PS-2023-26 – Wilmer Road Culvert Replacement
Summary This report provides a recommendation for the award of contract for the Wilmer Road Culvert Replacement (23-44).
Recommendation That Council accept the bid from Crains Construction Ltd. In the amount of $563,632.87 (net of HST credits) for Contract # PS-2023-26 Wilmer Road Culvert Replacement; and That Council authorize a project budget increase in the amount of $303,921.89 be funded from the Asset Investment Reserve through a reallocation from the Guiderail Program #21R07 ($45,000) along with savings from the Battersea Road Reconstruction Project ($260,000).
Background In March of this year, Council approved its 2023 Operating and Capital budgets which included the replacement of the Willmer Road Culvert (2100mm diameter) complete with the replacement of the retaining walls and guiderails on both sides of the roadway. The unplanned project was added to the budget following the collapse of part of the retaining wall in January of this year. The cost estimate developed for the 2023 budget was based on similar sized culvert replacement completed by the Township on Stafford Lane in 2021. On August 30th, 2023, the Township released tenders for the project and advertised on the Township’s website and Biddingo. On September 20th, 2023, the bid period for the tender closed with a total of eleven (11) tender submissions received. One (1) of the tenders were subsequently found to be incomplete and were rejected based on the requirements of the procurement bylaw.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 65 of 123 Township of South Frontenac Staff Report - Award of Tender # PS-2023-26 – Wilmer Road Culvert Replacement
The results of the remaining qualifying tender bids were as follows:
Supplier Crains Construction Ltd.
Total (Inc. Non-Refundable HST) $563,632.87
Dig N Dirt Ltd.
$744,392.59
Fidelity Engineering and Construction Ltd.
$707,070.71
G. Tackaberry $ Sons
$813,306.32
Gordon Barr Ltd.
$683,774.28
H. R. Doornekamp Construction Ltd.
$764,578.34
K. Mulrooney Trucking Ltd.
$733,051.96
Len Corcoran Excavating Ltd.
$703,807.78
Louis W. Bray Construction Ltd.
$774,393.60
Morven Construction
$577,996.80
All the remaining tender submissions were reviewed for accuracy and found to be compliant with the Township’s procurement bylaw.
Discussion/Analysis The detailed design work for the Wilmer Road culvert replacement was completed by the Greer Galloway Group. The design assignment included field surveys, geotechnical investigations, and a hydraulic analysis of the crossing. During this review process, it was determined that the 2100mm circular CSP culvert was undersized to meet the flow requirements of the Highway Drainage Design Standards (MTO) Manual. Hydraulic and hydrologic modelling completed for the project indicated that a larger, rectangular 2400mm x 1500mm box culvert would be required to support the design flow. The crossing would also have improved freeboard conditions during the 1 in 100-year storm event. This sizing change presents a more complex structure replacement however, the new box culvert will have a superior design life (75 years) over conventional corrugated steel pipe (50 years). The newly upgraded crossing will also provide for greater resiliency to climate impacts. The Cataraqui Conservation Authority has reviewed this new box culvert design and has issued permits under Ontario Regulation 148/06 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). Township staff have completed a detailed review of the low bid from Crains Construction and have found the submission to be compliant. Crains Construction Ltd. has successfully completed numerous contracts locally over the last several years and has the experience and resources necessary to perform the work. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 66 of 123 Township of South Frontenac Staff Report - Award of Tender # PS-2023-26 – Wilmer Road Culvert Replacement
It is therefore recommended that the low bid from Crains Construction Ltd. be accepted, and that the Township proceeds with the award of contract.
Financial Implications The 2023 Budget allowance for the overall project is $375,000 based on the original scope with a smaller pipe (see Attachment A - Capital Budget Sheet). To move forward with the revised project scope, the Township requires additional funding of approximately $303,921.89. This amount includes necessary expenses for reinstatements of the larger pipe, road crossing, guide rail systems, retaining walls, site inspection, quality assurance testing and associated contingencies. Staff have investigated the 2023 budget for off-setting savings and have confirmed that the revised project could be funded from the Guiderail Program ($45,000) and confirmed savings from the Battersea Road Project ($260,000). A breakout of the revised project budget is provided below:
ACTIVITY
COST ($)
Design / Permits (forecasted to year end)
$42,425.73
Crains Construction Ltd. (low bid Net HST) Contract Administration / Quality Assurance Testing / As-built Drawings Subtotal
$563,632.87
Contingency Allowance - (10% of Construction & CA only)
$57,863.29
Revised Project Cost (Inc. Non-Refundable HST)
$678,921.89
Approved 2023 Budget – Wilmer Culvert Replacement
$375,000.00
Funding from Asset Investment Reserve
$305,000.00
$15,000.00 $621,058.60
*Guiderail Program (21-R07) - $45,000 Battersea Road Construction (21-R01) – Savings - $260,000 Revised Budget ( Including New Funding Sources)
$680,000.00
Estimated Shortfall
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
$0
Page 67 of 123 Township of South Frontenac Staff Report - Award of Tender # PS-2023-26 – Wilmer Road Culvert Replacement
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: 2. Promote and support growth than meets the community’s needs while maintaining the integrity of our natural environment. Action Item (if applicable):
Climate Considerations The new concrete box culvert proposed at Wilmer Road will meet the hydraulic design requirements for the watershed (9.02km2) and the larger pipe structure will offer more resilience to the impacts of major run-off events resulting from climate change.
Notice/Consultation • • • •
Director of Corporate Services & Treasurer Greer Galloway Group Cataraqui Region Conservation Authority Construction Technologist
Attachments Attachment A – Capital Budget Sheet – Culvert Replacement – Wilmer Road 23-44
Approvals Submitted By:
Reviewed By:
W. Troy Dunlop, C.E.T. Manager of Engineering and Capital Projects
Kyle Bolton, C.E.T. Director of Public Services
Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Attachment A
Page 68 of 123
Page 69 of 123
s
To: Council Prepared by: Public Services Department Date of Meeting: October 3, 2023 Subject: Naming of Municipal Assets
Summary The purpose of this report is to provide Council information on the past practices for naming roads and bridges and recommend next steps on the naming of municipal assets.
Recommendation That Council direct staff to develop a policy for the naming of municipal assets to be implemented by Q4 2023.
Background The Township received a request to name the Petworth Road single lane bridge and staff were directed to provide a report on past practices on naming roads and bridges. The Township has an approved list of names in Schedule A of Bylaw 2015-60 that is used for the naming of new roads and private lanes or the re-naming of an existing road or private lane. There are no records of any official naming of bridges in the Township. In 2022 Council adopted the Commemorative Amenity & Tree Policy to establish a consistent and equitable application process for commemorative requests. The Policy allows amenity with a plaque containing commemoration information to be installed in parks, public greenspaces, and cemeteries. The policy does not allow commemorative amenities to be installed in the municipal right of way due to the risks associated with roadway hazards, sight line obstruction, conflict with existing regulatory signage or public utilities.
Discussion/Analysis The Township does not have an established process for naming municipal assets and no past practices on naming bridges, and does not recommend the naming of infrastructure in the municipal right of way. The request to name Petworth bridge is commemorative in nature and should be administered under the Commemorative Amenity & Tree Policy. There could be opportunities in the Petworth Mill site to honour the individual and village. Staff are recommending a policy for naming municipal assets be created to address the naming of municipal assets including facilities, properties, and park elements. The policy would describe a consistent and fair process that sets out an application www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 70 of 123 Township of South Frontenac Staff Report - Naming of Municipal Assets
process, public engagement process, and the criteria on what names would qualify. Council would reserve the right to name any municipal facility or asset in accordance with this policy and any applicable bylaws.
Financial Implications None.
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item:
Climate Considerations ☒ Not applicable to this report.
Notice/Consultation •
Clerk
Attachments Appendix A – Naming of Petworth Road Single Lane Bridge Appendix B – Approved list of names for roads and private lanes Appendix C – Commemorative Amenity & Tree Policy
Approvals Submitted By:
Kyle Bolton, C.E.T. Director of Public Services
Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
-
Resolution No. 2021-29-11
none by Councillors
Resolution No. 2021-29-12 Moved by Councillor Leonard
Closed Session as permitted by the Municipal Act, Section 239.2 c) to discuss two (2) items related to the proposed or pending acquisition of land by the municipality or local board (Carried forward from the October 5, 2021 agenda)
Closed Session
There were no questions from the public.
Question of Clarity (from the public on outcome of agenda items)
Councillor Sleeth thanked the volunteers who organized the Battersea Pumpkin Festival for another successful year. There were between 600 to 800 attendees, and rules and regulations due to COVID were met. He offered a special thanks to Amanda Pantrey for her assistance in this event.
Councillor Revill asked that the Fire Chief con?rm whether the lengthy message on the telephone system concerning the burning ban from June is still required.
Announcements/Statements
Aird Berlis integrity Commissioner Services
Notice of Motions
b)
Carried
Gary Beach, re: RC—20-O1(2290998 Ontario inc) Road Allowance Closure and Purchase, Parts 13 and 15 13R-22455
and bridges.
That this request be deferred for a staff report on past practices on naming roads
Moved by Councillor Revill Seconded by Councillor Roberts
b)
Information items
Naming of Petworth Bridge (Carried fonivard from the October 5, 2021 agenda)
2021 Third QuarterBuilding Department Report
2021 Third Quarter Planning Department Report
Ombudsman Report Closed Meeting investigation of the July 13, 2021 Committee of the Whole Meeting (Carried fonrvard from the October 5, 2021 agenda)
d)
b)
Minutes of Council October, 12, 2021
Page 71 of 123
Worship,
Naming Petworth
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single Lane
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attached
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have
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military
petition signed our formal by 53 residents of the Village of Petworth requesting Council that name the bridge in memory of Corporal David Ira Boyce who was born in the Village on April 1887. 4th,
It
is with great honour that I write to you representing all of the residents of the historic Village of Petworth in making our request that Council officially name the single lane steel bridge over the Napanee River within our village David Ira Boyce, memory of Corporal 20 Battalion, Canadian Army.
Your
Re:
KOH 2T0
of
Ron Vandewal, South Township Frontenac 4432 George St. Sydenham, ON.
Mayor
September
in
2021
Page 72 of 123
Petworth
5453
KOMlV0
Harrowsmith
Brown
On
Road,
J Dawn
David
‘
Respectfully Submitted,
It
be fitting if we could have unveiled on the lO3rd anniversary of which would not interfere with local Day ceremonies on November 11th.
would
signs.
Allan
supports
Mr.
our
signs his death Remembrance the
appropriate signage be entrances of the Legion Poppy emblem, November 1918, on the
spoken with his great nephew a Township resident who fully
We respectfully that request erected at the east and west bridge with a Royal Canadian Corporal David Ira Boyce, 10
I have Boyce, request.
Page 73 of 123
Ira
in
the
village today.)
10th
of
David is the only known the Village of Petworth,
hit. war veteran killed in action from and to properly remember his
November 1918, the Battalion was advancing to St. Symphorien in Belgium, when David was head with shrapnel. He died at the scene
from Frameries struck in the shortly have being
On the
David enlisted in the Canadian army on December 9th, 1915 along in Kingston area with other men. He was assigned to the Central Ontario Regiment the 20th Battalion. within
remain
was born on April Boyce 1887 in Petworth, 4th, Frontenac to Mrs. Eliza County (Smith) and Mr. George Boyce Mrs. father W. Boyce. Boyce’s was Ira Smith the blacksmith in the village of Petworth and the first school teacher in the village. (Both the blacksmith shop and the school house
David
We the residents of the Village of Petworth petition theicouncil of South Frontenac Township to name the single lane bridge over theNapanee River on Petworth Road in the Village of Petworth in memory of Corporal David Ira Boyce. KIA November 10th, 1918.
Petition
Page 74 of 123
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Page 83 of 123 TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2015-60
BEING A BY-LAW TO APPROVE A LIST OF NAMES FOR FUTURE ROADS AND PRIVATE LANES AND THE RE-NAMING OF EXISTING ROADS/LANES IN THE TOWNSHIP OF SOUTH FRONTENAC
WHEREAS, the Municipal Act, 2001, S.O. 2001, c.27, as amended provides that municipalities may pass by-laws respecting highways and all road allowances;
AND WHEREAS Council has passed and enacted By-law No. 2002-92 to prescribe the form and manner for the naming of a road or private lane;
AND WHEREAS public notice of Council’s intention to pass this by-law has given in the manner prescribed in By-law No. 2002-100, as it relates to and future road or private lane in the Township of South Frontenac.
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF
SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
THAT the list of names to apply to any future new road or private lane or to any re-naming of an existing road or private lane in the Township of South Frontenac, be adopted;
THAT Schedule ‘A’ attached hereto containing a list of road/lane names shall form part of this By-law;
WHERE a request for a road name other than provided on Schedule ‘Ais approved, the applicant shall bear the costs for the associated advertising and administration of such change.
THAT By-law 2015-31 is hereby repealed.
THIS BY-LAW shall come into force and take effect on the date of its .
passing. th
Dated at the Township of South Frontenac this 17 day of November, 2015. th
Read a first and second time this 17 day of November, 2015. Read a third time and finally passed this 17 dayth of November, 2015. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ^
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Ron y^ncT^wal, Mayfar
Wayn
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hi^-^dministrative Officer
Page 84 of 123
SCHEDULE"A”
TO BY-LAW #2015-60 Road or Lane Names Abbey Rd. Apple Azalea Bacon Balsam
Barberry Basil Beaton Beech
Bergamont Bestow Bittersweet
Bluegill Bugle Bunting Butler Chickadee Clover
Copper Head Rd Cowbell
Coyote Criss Cross Crowsfoot
Croydon Cumberland
Cypress Daffodil
Dempster
Dewberry Dock Dorset Electric Enchanted Endive
Escape Euclid
Fairway Fandango Fanshaw Fern Fescue Fiddler Fiesta Foxbar
Page 85 of 123 Gator Geranium
Ginger Glitter
Goldenrod Greenbriar
Hackberry Harrier Hawthorn
Hedge Hespler Hidden Forest Hinteriand
Hollyhock Inspiration
Ivy Jester Junco
Juniper
Kayak Lady Bug Ln Lannister Ln
Larkspur Lily Linea
Longmoor Lost Hills
Magnolia Matlow Merlin Miracle
Mockingjay Monarch Moscato Outlander Peachwood Pine Needle Rd Pivo Plumtree Primrose
Ragweed Raven
Regal Regent Saddle Salamander
Page 86 of 123
Sanderling Sandwich
Sandy Sasquatch Seagull Shady Pines Shearwater
Snipe Spirit Bear Ln Spruce Stark
Summerside Drive Sundew Sunflower Swoon
Sycamore Tamarak Tattoo Tenderfoot
That Way This Way Thomberry Thrush Titan
Utopia Verbena
Warp Dr Weevil Westchester
Willowbrook Dr.
Winterberry Winterfel
Wintergreen Wisteria Wood rush
Page 87 of 123
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-89 A BY-LAW TO ESTABLISH A COMMEMORATIVEBENCH & TREE POLICY WHEREAS Council desires to establish a Commemorative Bench and Tree Policy; THEREFORE BE IT RESOLVED THAT the Corporation of the Township of South Frontenac enacts as follows: 1.
That the Commemorative Amenity & Tree Policy and Application for the Township of South Frontenac is hereby adopted in the form attached hereto as Schedule A; it being understood that the Director of Public Services be authorized to amend Schedule A as required.
That this By—lawwill come into force and take effect on the date of its passing.
Given First and Second Readings: September 20, 2022 Given Third Reading signed and sealed September 20, 2022 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
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Ron Vandewal, Mayor
Angela Maddocks,
Clerk
Page 88 of 123
Schedule
Public Services
1/9.‘ SOUTH FRONTENAC \‘:
2490 Keeley Road, Box 100 Sydenham ON, KOH 2T0 613-376-3027 Ext 4331
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Recreation
A - By-law 2022-89
& Leisure Services
Commemorative
Amenity & Tree Policy and Application
Policy 1.0-
Purpose 1.1- This policy is established to provide community members, organizations, clubs, or groups in the Township of South Frontenac with the opportunity to purchase commemorative amenities and/ or trees on municipal property. An “amenity” means any bench, table, park furnishing or other structure or development that increase the physical or material comfort and interest of the park.
2.0-
Value 2.1- The Township of South Frontenac invites individuals, organizations, or service clubs to give a legacy by installing an amenity or planting a tree at a park, greenspace, or cemetery in South Frontenac. The gift may honour a loved one, an experience, an organization, or to recognize an important event or milestone.
3.0-
Scope 3.1- This policy applies to amenity installation and tree planting commemoration. The policy applies to all parks, greenspaces, and cemeteries owned by the Township of South Frontenac. This policy does not apply to lands leased from other for municipal purposes, or lands that are not managed by the Township of South Frontenac.
4.0-
Responsibilities 4.1- Administration of this policy is delegated to the Director of Public Services or designate. Execution is delegated to the Manager of Recreation & Facilities. 4.2The Manager of Recreation & Facilities shall be responsible for relating 4.3application information to other municipal departments to coordinate the installation of an amenity or the planting of a tree. The Manager of Recreation & Facilities is responsible for ordering all materials. 4.4Applicants need only provide the information required and the payment. This will ensure materials fit within Accessibility for Ontarians with Disabilities Act and other pertinent legislation, as well as environmental protection interests.
5.0-
Application Process 5.1- The Manager of Recreation & Facilities serves as the primary point of contact and will accept and review applications throughout the year. 5.2- Those wishing to install a commemorative amenity and/or plant a tree must apply in writing, using the application form herein. wvvw.southfrontenac.net Natural, Vibrant and Growing
—
a Progressive Rural Leader.
Page 89 of 123
Schedule
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Recreation 5.3-
5.4-
5.5-
A - By-law 2022-89
Public Services 2490 Keeley Road, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 4331 RecSu ort SouthFrontenac.net
FRONTENAC & Leisure Services
Trees will be offered at the discretion of the Manager of Recreation & Facilities, based on supplier availability and native tree compatibility to the selected planting location. Applicants can identify preferred tree species within the application. Approved Native Tree Species are: Sugar Maple (Acer saccharum) Red Maple (Acer rubrum) Red, White or Burr Oak (Quercus spc.) Hickory, Shagbark or Butternut (Carya spc.)
- White Pine (Pinus strobus) ~ Red Pine (Pinus resinosa) Pitch Pine (Pinus rigida) White Spruce (Picea glauca) Hemlock (Tsuga canadensis) Eastern White Cedar (Thuja occidentalis) Honey Locust (Gleditsia) Applications will not be confirmed until payment is received, and all approvals are obtained as applicable. A commemoration is a form of remembrance of a loved one, a celebration of a birth or anniversary, or to honour others’ personal and/or professional contributions to the community. The Township reserves the right to deny applications if the purpose of the commemoration is deemed inappropriate.
6.0-
Plaque and Text 6.1- The Township will use a standard plaque to promote consistency in cost, size, type, and mounting. The commemorative plaque will be made with a standard font and colour that adheres to accessibility requirements. The plaque text information is collected in the application section of this document. The Township has final approval of the text on the plaque and reserves the right to make edits or corrections for grammar, spelling, or readability. The Township has the right to reject text based on obscenities or other messages deemed to be offensive.
7.0-
Location 7.1- The Township has many parks and green spaces available for commemorative amenities and trees. The applicant may identify up to three (3) locations, the Township will make all attempts to accommodate location preference. The Township is responsible for the installation of a new amenity and/or planting of a new tree on any municipal property. The installation must meet accessibility
wvvw.southfrontenac.net Natural, Vibrant and Growing
—
a Progressive Rural Leader.
Page 90 of 123
Schedule
//3… SOUTH
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A - By-law 2022-89
Public Services 2490 Keeley Road, Box 100 Sydenham ON, KOH 2T0 613-376-3027 Ext 4331 RecSupport@SouthFrontenac.net
FRONTENAC
Recreation & Leisure Services requirements, long term park or facility plans, and facility maintenance practicalities. '
8.0-
Installation & Maintenance 8.1- The Township will complete the installation of the amenity and/ or plant the tree. Due to risk and liability and to achieve the required service standards, any inkind, volunteer, or do-it—yourse|f work is not permitted. Amenity installation will take place throughout the spring, summer and fall seasons on a day that is favourable for concrete pouring or any other considerations for successful installation. Tree planting will be scheduled in either May for the spring planting season or September for the fall planting season. The Township understands that the amenity or tree may have sentimental value; however, it is not to be considered a memorial or shrine. For that reason, the Township will not permit the placement of flowers, wreaths, pictures, etc. at the site or the addition of fixtures to or around the amenity/ tree. The maintenance of an amenityl tree and the plaque will be the responsibility of 8.5the Township for the lifetime of the amenity or tree. The amenity and/or plaque(s) will be replaced/repaired if vandalized, with the Township providing a lifetime warranty of up to 20 years. When the amenity or tree reaches the end of its usable life, the Township will make all attempts to contact the applicant for further direction.
9.0-
Fees 9.1-
9.2-
The fees are based on cost recovery only. The Township will not profit from the installation of the commemorative amenity or tree. The Township recognizes and appreciates the added value to public spaces these contributions provide. The fees to purchase and install are as follows (subject to change based on purchasing cost increases): 0 Benchl table: $1,500 0 Tree: $500 0 Other park furnishingl structure: Please contact staff These fees are to cover the cost of the materials. Installation labour will be provided as an in—kindservice by the Township.
9.3-
The complete fee payment must be received with the application to be
9.4-
considered. Payments can be made by cheque or debit. Please make cheque payable to the Township of South Frontenac and submit with a completed application.
wvvw.southfrontenac.net Natural, Vibrant and Growing
—
a Progressive Rural Leader.
Page 91 of 123
Schedule
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Public Services 2490 Keeley Road, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 4331
T
F RO N TE NAC
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A - By-law 2022-89
Recreation & Leisure Services Application Please return this completed form with payment to:
ATTN: Manager of Recreation & Facilities Township of South Frontenac Public Services Department
—
Recreation & Leisure Services
P.O. Box 100, Sydenham, ON, KOH 2T0 Email: RecSuQQort@SouthFrontenac.net General Information:
Applicant Information Name: Street Address: Postal Code:
Province:
Town: Phone Number:
Email Address: Contact
Secondary
Name: Phone Number: Email Address:
Intention of Application I would like to purchase a commemorative bench with a plaque. I have read the policy and’ agree to the terms and conditions. I would like to purchase a commemorative tree with a plaque. l have read the policy and agree to the terms and conditions. I would like to purchase other park furnishingsl structure read the policy and agree to the terms and conditions.
with a plaque. l have
(Continues on next page)
wvvw.southfrontenac.net Natural, Vibrant and Growing
——
a Progressive Rural Leader.
Page 92 of 123
Schedule
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A - By-law 2022-89
Public Services
SO UTH
2490 Keeley Road, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 4331 RecSu ort SouthFrontenac.net
F RO N T E NAC
Recreation & Leisure Services Location Information: Please list your three (3) location preferences in order (1 being most preferable). The Township will make every effort to accommodate the preference, but the ?nal decision will be made by the Recreation & Facilities Manager. Preference NO
Parkl Greenspacel
Cemetery
Plaque Text Information:
Please provide the exact text that you wish to have on the plaque. The plaque spacing restricts text to a maximum of four lines (4) with 40 characters each, including spaces.
Tree Specific Information: Ifyou are applying for the installation of a commemorative tree, please provide which species you would prefer. Note only native species are permitted, see section 5.3 of this document for a full list of approved trees. Tree species: Applicant Signature: I have read the Commemorative Amenity & Tree Policy and Application in its entirety and agree to comply with all municipal by-laws, rules, and regulations as they relate to this application. I have included the associated fees with this application. Date:
Name: Signature:
wvvw.southfrontenac.net Natural, Vibrant and Growing
—
a Progressive Rural Leader.
Page 93 of 123
To: Council Prepared by: Office of the Clerk Date of Meeting: October 3, 2023 Subject:
Summary
Implementation of Administrative Monetary Penalties – Animal at Large (excluding dogs and cats) By-law
The purpose of the Report is for the proposed expansion of the application of Administrative Monetary Penalties (AMPs) to deter actions prohibited under By-Law 2001-13, A By-law to Prohibit the being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, within the Township of South Frontenac.
Recommendation That Council recommend as follows: a) That By-law 2023-77 attached as Exhibit A, being ‘By-law to Amend By-law 2022-70, ‘A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’, be given first and second reading. b) That By-law 2023-77 attached as Exhibit A, being “A By-law to Amend By-law 202270, ‘A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’, be given third reading, signed and sealed. c) That By-law 2023-78 attached as Exhibit B, being “A By-Law to Amend By-Law 2001-13, ‘A By-law to Prohibit the being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, within the Township of South Frontenac’, be given first and second reading. d) That By-law 2023-78 attached as Exhibit B, being “A By-Law to Amend By-Law 2001-13, ‘A By-law to Prohibit the being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, within the Township of South Frontenac’, be given third reading, signed and sealed.
Background On August 9, 2022, Council enacted By-law 2022-70, A By-law to Impose Administrative Monetary Penalties on Violations of Municipal By-laws (Administrative Monetary Penalties By-law). The approval of By-law 2022-70 enables the Township of South Frontenac to apply AMPs to address violations under several Township by-laws. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 94 of 123 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Animal at Large (excluding dogs and cats) By-law
Discussion/Analysis Currently, under By-law 2001-13, the only recourse in which the Township of South Frontenac can seek prosecution with respect to a violation under By-law 2001-13 is under the Provincial Offences Act. Traditionally, prosecution under the Provincial Offences Act involved an often lengthy and costly process. The utilization of Administrative Monetary Penalties to enforce several Township of South Frontenac By-laws has been effective over the last year and a half. It is in this light that it is recommended that the Administrative Monetary Penalties By-law be expanded to permit the application of AMPs to the Animal at Large By-law 2001-13. To facilitate the application of AMPs under the Animal at Large By-law, several administrative amendments are required to the Administrative Monetary Penalties By-law (Exhibit A) and the Animal at Large By-law (Exhibit B). The Animal at Large By-law will continue to be investigated only on a complaint basis. The following provides a detail summary of the proposed amendments. Summary of Administrative Amendments to the Administrative Monetary Penalties By-law (Exhibit A): a)
By-law 2022-70
No amendments are proposed to the By-law at this time with the exception of the following amendments to Schedule A and Schedule B. b)
By-law 2022-70, Schedule A
In order for a Township of South Frontenac by-law to be subject to administrative monetary penalties it must form part of Schedule A of the Administrative Monetary Penalties By-law. As such, it is recommended that Schedule A of By-law 2022-70 be amended to include the following: “8. Township of South Frontenac, By-law 2001-13, A By-law to Prohibit the being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, within the Township of South Frontenac” c)
By-law 2022-70, Schedule B
i.
Township of South Frontenac, By-Law Number 2001-13, A By-Law to Prohibit the Being at Large or Trespassing of any Animal, Excluding Dogs and Cats, Within the Township of South Frontenac.
It is recommended that the following administrative monetary penalties be implemented to discourage situations which negatively impact residents from animals at large.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 95 of 123 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Animal at Large (excluding dogs and cats) By-law
By-Law Section 1.
Short Wording
Penalty Amount
Failure to Comply: No owner of any animal shall cause or permit any such animal to be at large or trespass within any area within the jurisdiction of the Township of South Frontenac or upon any highway within the Township of South Frontenac. Administrative Penalty Fee – Failing to pay the AMP by the date on which it is due. Administrative Penalty Fee – Failing to appear for a hearing before the Hearings Officer.
$250.00
Screening Officer Appeal Fee
$ 50.00
Hearing Officer Appeal Fee
$200.00
$ 50.00 $100.00
It is important to note that as per the Municipal Act, 2001, the fine amount of an AMP may not be punitive in nature and shall not exceed the amount reasonably required to promote compliance with a by-law. Summary of Administrative Amendments to the Animal at large By-law (Exhibit B): By-law 2023-78 attached to the Report as Exhibit B outlines amendments to the By-Law to Prohibit the being at Large or Trespassing of Any Animal, Excluding Dogs and Cats” which are required for the administration of administrative monetary penalties. To permit administrative monetary penalties to be applied to violations under the Animal at Large By-law, it is recommended that By-law 2001-13 be further amended to include the following clause: “7. b.
Every Person who contravenes any provision of this By-Law shall, upon issuance of a Penalty Notice in accordance with the By-Law to Impose Administrative Monetary Penalties On Violations Of Municipal By-Laws 2022-70, be liable to pay to the Township an Administrative Monetary Penalty in accordance with By-Law Number 2022-70.”
Staff recommend that Schedule A of By-law 2001-13 be repealed in its entirety as the majority of the provisions are inefficient from an enforcement standpoint. In light of the proposed repealing of Schedule A, staff recommend that Clause 4. be deleted in its entirety and replaced with the following:
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 96 of 123 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Animal at Large (excluding dogs and cats) By-law
“4.
This by-law shall be enforced by the by-law enforcement officers of the Municipality. a)
No person shall obstruct or hinder or attempt to obstruct or hinder a Provincial Offences Officer or other authorized employee or agent of the Township in the exercise of a power or the performance of a duty under this by-law. Without limiting the generality of the foregoing, for purposes of this By-law, any person who fails to provide proof of identification satisfactory to the Provincial Offences Officer when requested to do so by the Provincial Offences Officer is deemed to obstruct an Officer under this By-Law;
b)
At all times the By-law Enforcement Officer shall have due regard for those circumstances which are beyond the control of the person responsible for the animal including but not limited to the actions of third parties and the availability of materials and forces to contain the animal; and
c)
Where the animal is being driven along or across a highway, in the normal course of normal agricultural and farming practices, under the control of a responsible person, the By-law Enforcement Officer shall have due regard for the circumstances with respect to the requirements of normal agricultural and farming practices and the safety of the public.”
Conclusion: Due to the identification of a need to address municipal by-law offences, staff are recommending that Council approve the expansion of the application of administrative monetary penalties to the By-law to Prohibit the Being at Large or Trespassing of Any Animal, Excluding Dogs and Cats’.
Financial Implications Revenue stemming from administrative monetary penalties and estimated revenues in future years will be included as part of the by-law enforcement section of the budget.
Relationship to Strategic Plans ☐ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: Choose an item.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 97 of 123 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Animal at Large (excluding dogs and cats) By-law
Climate Considerations ☒ Not applicable to this report.
Notice/Consultation
Frontenac Municipal Law Enforcement Municipal Solicitor
Attachments Exhibit A – By-law 2023-77 - A By-law to Amend By-law 2022-70, ‘A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’ Exhibit B – By-law 2023-78 - A By-Law to Amend By-Law 2001-13, ‘A By-law to Prohibit the Being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, within the Township of South Frontenac’ Exhibit C – By-law 2001-13 – ‘A By-law to Prohibit the being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, within the Township of South Frontenac’
Approvals Prepared by: Michelle Hannah, Deputy Clerk Submitted By:
James Thompson Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 98 of 123
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-77 A BY-LAW TO AMEND BY-LAW 2022-70, AS AMENDED, “A BY-LAW TO IMPOSE ADMINISTRATIVE MONETARY PENALTIES ON VIOLATIONS OF MUNICIPAL BYLAWS”
WHEREAS Council desires to update By-law 2022-70, As Amended; NOW THEREFORE the Corporation of the Township of South Frontenac enacts as follows: 1.
By-law 2022-70, As Amended, “A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws”, is hereby amended as follows:
Schedule A is amended by adding Clause 8. to read as follows: “8. Township of South Frontenac, By-law 2001-13, As Amended, A By-Law To Prohibit the Being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, Within the Township of South Frontenac.” Schedule B is amended to include following Administrative Monetary Penalties related to By-law 2001-13: By-law 2001-13, A By-Law To Prohibit the Being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, Within the Township of South Frontenac By-Law Section
Short Wording Failure to Comply: No owner of any animal shall cause or permit any such animal to be at large or trespass within any area within the jurisdiction of the Township of South Frontenac or upon any highway within the Township of South Frontenac. Administrative Penalty Fee – Failing to pay the AMP by the date on which it is due. Administrative Penalty Fee – Failing to appear for a hearing before the Hearings Officer. Screening Officer Appeal Fee
Hearing Officer Appeal Fee 2.
Penalty Amount $250.00
$ 50.00 $100.00 $ 50.00 $200.00
This By-law will come into force and take effect on the date of its passing.
Given First and Second Readings: October 3, 2023 Given Third Reading signed and sealed October 3, 2023 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 99 of 123
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-78 A By-Law to Amend By-Law 2001-13, “A By-Law to Prohibit the Being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, Within the Township of South Frontenac” WHEREAS Council desires to update By-law 2001-13; NOW THEREFORE the Corporation of the Township of South Frontenac enacts as follows: 1.
By-law 2001-13, “A By-Law to Prohibit the Being at Large or Trespassing of Any Animal, Excluding Dogs and Cats, within the Township of South Frontenac”, is hereby amended as follows: That Schedule A of By-law 2001-13 is deleted in its entirety. That Clause 4. of By-law 2001 is deleted in its entirety and replaced with a new Clause 4. Which reads as follows: “4.
This by-law shall be enforced by the by-law enforcement officers of the Municipality. a)
No person shall obstruct or hinder or attempt to obstruct or hinder a Provincial Offences Officer or other authorized employee or agent of the Township in the exercise of a power or the performance of a duty under this by-law. Without limiting the generality of the foregoing, for purposes of this By-law, any person who fails to provide proof of identification satisfactory to the Provincial Offences Officer when requested to do so by the Provincial Offences Officer is deemed to obstruct an Officer under this By-Law;
b)
At all times the By-law Enforcement Officer shall have due regard for those circumstances which are beyond the control of the person responsible for the animal including but not limited to the actions of third parties and the availability of materials and forces to contain the animal; and
c)
Where the animal is being driven along or across a highway, in the normal course of normal agricultural and farming practices, under the control of a responsible person, the By-law Enforcement Officer shall have due regard for the circumstances with respect to the requirements of normal agricultural and farming practices and the safety of the public.”
That By-law 2023 is amended to include Clause 7. b. to read as follows: “7.b. Every Person who contravenes any provision of this By-Law shall, upon issuance of a Penalty Notice in accordance with the By-Law to Impose Administrative Monetary Penalties On Violations Of Municipal By-Laws 2022-70, be liable to pay to the Township an Administrative Monetary Penalty in accordance with By-Law Number 2022-70.”
Page 100 of 123
This By-law will come into force and take effect on the date of its passing.
Given First and Second Readings: October 3, 2023 Given Third Reading signed and sealed October 3, 2023 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 101 of 123
SOUTH FRONTENAC TOWNSHIP BY-LAW 2001-13 A BY-LAW TO PROHIBIT THE BEING AT LARGE OR TRESPASSING OF ANY ANIMAL, EXCLUDING DOGS AND CATS, WITHIN THE TOWNSHIP OF SOUTH FRONTENAC. WHEREAS Section 210 (4) of the Municipal Act, R.S.O. 1990, Chap. M. 45, as amended permits councils by by-law to prohibit or regulate w i t h any part of the municipality the being at large or trespassing of animals other than dogs and cats, and to provide for impounding them and for causing them to be sold; and, WHEREAS Section 210 (6) of the Municipal Act, R.S.O. 1990, Chap. M. 45, as amended permits councils to pass by-laws for appraising the damages to be paid by owners of animals impounded for trespassing; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: I. No owner of any animal shall cause or permit any such animal to be at large or trespass within any area within the jurisdiction of the Township of South Frontenac or upon any highway within the Township of South Frontenac. 2. This by-law applies to all animals other than cats and dogs. 3. Any animal whlch is found at large or trespassing within any area within the jurisdiction of the Township of South Frontenac, including but not limited to any highway within the Townshp, may be taken into custody and impounded. 4. The By-law enforcement Officer, when dealing with a complaint of an animal at large, shall be directed in his actions by the policies that are attached to and form part of this bylaw. 5. The pound keeper shall prepare an appraisal of damages caused by the animal whle it was at large or trespassing and these damages shall be paid to the municipality prior to the release of the animal. Council may exercise its right to make grants in the amount of the damages or parts thereof to those parties who have suffered the damages.
The provisions of the Pounds Act, R.S.O. 1990, Chap. P. 17, as amended, shall apply to any animal impounded pursuant to this by-law except where those provisions have been m d f i e d by this by-law pursuant to Section 1 of the said Act.
Any person who contravenes any provisions of this by-law shall be guilty of an offense and on conviction shall be liable to a penalty not exceeQng $5,000.00 exclusive of costs, which shall be recoverable under the Provincial mences Act, R.S.O. 1990, Chap. P.33, as a amended.
By-law 1998-76 is hereby repealed.
This by-law shall come into force and take effect on the date of its passage. Dated at Sunbury this
& 64
Read a first and sefond time this
day of
A
Read a third time and finally passed this
A P C ~,2001.
day of / / & ~ f l /
,2001.
a &day of /d&e&/
,2001.
The Corporation of the Township of South Frontenac
Page 102 of 123
b Philip Leonard,
ayor
Page 103 of 123
SCHEDULE A TO BY-LAW 2001-13 POLICIES FOR THE GUIDANCE OF THE BY-LAW ENFORCEMENT OFFICER The following steps of progressive enforcement shall be followed by the By-law Enforcement Officer when dealing with a complaint of an animal at large under By-law 2001-13.
- For the first incident, the By-law Enforcement Officer shall provide a verbal warning only and file an incident report with the Clerk-Administrator.
- For the second incident, the By-law Enforcement Officer shall provide a written warning to the person responsible for the animal and provide advice concerning the Line Fences Act and fencing procedures. After the completion of this step, the person responsible for the animal may appeal the actions the By-law Enforcement Officer to Township Council.
- For the third incident, the By-law Enforcement Officer shall issue a short form ticket with the value of the fine set at $250.00.
- For the fourth incident, the By-law Enforcement prosecution, after notice to Council.
shall proceed with a long form
- The foregoing procedures shall be followed at each location where the complaints arise. In addition, the complaints must all occur within a twelve-month period, otherwise the sequence of enforcement will recommence at the first step of the enforcement policy.
- At all times the By-law Enforcement Officer shall have due regard for those
circumstances which are beyond the control of the person responsible for the animal including but not limited to the actions of third parhes and the availability of materids and forces to contain the animal. 7. Where the animal is being dnven along or across a highway, in the normal course of animal husbandry, under the control of a responsible person, the By-law Enforcement Officer shall have due regard for the circumstances with respect to the requirements of animal husbandry and the safety of the public.
- Where the singular is used in h s policy, the plural may also be used.
Page 104 of 123
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-79 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO RURAL – SPECIAL PROVISION (RU-75) ON LANDS DESCRIBED AS PARTS 1, 2 AND 3 ON PLAN 13R-22950, PART LOT 20, CONCESSION 11, DISTRICT OF BEDFORD WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “D” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural – Special Provision (RU-75) for the lands shown on Schedule “1”.
THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RU-75 (Parts 1, 2 and 3 on Plan 13R-22950, Part of Lot 20, Concession 11, District of Bedford) immediately after the last Rural – Special Provision section to read as follows: RU-75 (Parts 1, 2 and 3 on Plan 13R-22950, Part of Lot 20, Concession 11, District of Bedford) Notwithstanding the provisions of Section 7 or any other provision of this By-law to the contrary, on the lands zoned Special Rural (RU-75), the following provisions apply: •
Lot Area (Minimum)
0.7 hectares (1.7 acres)
All other provisions of this by-law shall apply. 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 3rd day of October, 2023. Read a first and second time this 3rd day of October, 2023. Read a third time and finally passed this 3rd day of October, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 105 of 123 Schedule 1 This is Schedule “1” to By-law No. 2023-79
Passed this 3rd day of October, 2023
Ron Vandewal, Mayor
James Thompson, Clerk
Page 106 of 123
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-80 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RECREATIONAL RESORT COMMERCIAL – SPECIAL PROVISION (RRC-39) TO LIMITED SERVICE RESIDENTIAL – WATERFRONT (RLSW AND RLSW-135) ON LANDS DESCRIBED AS PART LOT 32, CONCESSION 7, DISTRICT OF BEDFORD WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “D” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Recreational Resort Commercial – Special Provision (RRC-39) to Limited Service Residential Waterfront (RLSW and RLSW-135) for the lands shown on Schedule “1”.
THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RLSW-135 (Part Lot 32, Concession 7, District of Bedford) immediately after the last Limited Service Residential – Waterfront – Special Provision section to read as follows: RLSW-135 (Part Lot 32, Concession 7, District of Bedford) Notwithstanding the provisions of Section 10 or any other provision of this Bylaw to the contrary, on the lands zoned Special Limited Service Residential – Waterfront (RLSW-135), the following provisions apply: Permitted Uses • Private vehicle parking area and boat docking for the exclusive use of lots whose only access is by means of a navigable waterway, and that have deeded rights to parking and docking at this location • Accessory uses, buildings and structures to the above uses Zone Requirements • Number of Parking Spaces (Maximum) • Lot Coverage for Accessory Buildings (Maximum)
12 3%
All other provisions of this by-law shall apply. 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.
Page 107 of 123 Dated at the Township of South Frontenac this 3rd day of October, 2023. Read a first and second time this 3rd day of October, 2023. Read a third time and finally passed this 3rd day of October, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 108 of 123 Schedule 1 This is Schedule “1” to By-law No. 2023-80.
Passed this 3rd day of October, 2023
Ron Vandewal, Mayor
James Thompson, Clerk
Page 109 of 123
To:
Council
Prepared by:
Development Services Department
Date of Meeting:
October 3, 2023
Subject:
2nd Quarter 2023 – Building Services Report
Summary This report documents the delivery of Building Services within the Development Services Department between April 1, 2023, and June 30, 2023. Recommendation This report is for information only. Background Each quarter, Building Services reports publicly on the number of permit applications being received and processed by the Township. This also includes the delivery of Part 8 services on behalf of all four (4) of the Frontenac Townships. This report details quarterly construction values from 2020 to 2023, building permits that have been issued, closed, and Part 8 Sewage System services that were delivered for all four Townships in 2023. Discussion/Analysis During Q2 of 2023, Building Services received 280 files. Of those files, 137 were for Part 8 applications across the four Frontenac Townships and 143 were for South Frontenac building applications. These files include building and sewage system applications, civic number applications, pool enclosures, address assignments, zoning compliance letters, investigation files as well as other applications related to Part 8 services including the review of planning applications in all four Frontenac Townships. South Frontenac Building Permits Issued: The following chart provides a breakdown by permit type for the 2nd quarter of 2023 exclusively for South Frontenac and provides a comparison to previous years. Application Type
Q2-2023
Q2-2022
Q2-2021
Q2-2020
Accessory Building
26
35
25
32
Deck/Covered Porch
15
17
11
9
Demolition
10
10
17
16
Single Detached Dwelling
22
25
32
20
Pool Enclosure
5
21
20
13
Renovation/Repair/Addition
19
21
36
12
Seasonal Dwelling
6
10
3
1
Secondary Dwelling Unit
2
2
0
0
Sewage System
46
40
61
0
Sign, Solar, Tent etc.
5
1
0
0
Woodstove/Fireplace
7
3
5
7
163
185
210
110
Totals
Q2 2023 – Building Services Page 110 of 123
The following chart illustrates the total construction value for the 2nd quarter of 2023. Quarterly Construction Values for all issued permits (including Part 8): Quarterly Construction Values
Q1
Q2
Q3
Q4
Total
2020
$2,127,530
$8,131,300
$10,645,958
$9,438,047
$30,342,835
of permits
37
101
145
83
366
2021
$5,533,201
$16,856,695
$10,129,267
$8,203,592
$40,722,755
of permits
78
149
113
71
411
2022
$15,122,652
$22,910,670
$20,188,974
$15,959,458
$74,181,754
of permits
86
149
121
80
436
2023
$7,101,555
$21,496,718
$28,598,273
of permits
68
199
267
The total construction value for all Q2 building permits (Building South Frontenac and sewage systems for all Townships) is over $21.4 million dollars. Of this amount, the estimated Q2 construction value for issued sewage system permits for all Frontenac Townships is $1,839,680. Delivery of Part 8 Services (Q2 - Fees): The following chart illustrates Part 8 Services across four (4) Townships for the 2nd quarter of 2023. Total revenue for the second quarter 2023 totaled $93,170, which was higher than the $42,881 that was collected in second quarter 2022.
North Frontenac
14
Minor Consent Performance Record Variance Review Review Search Review 6 1 1 0
Total fees
$12,714
$3,605
$463
$515
$0
$17,297
Central Frontenac
15
5
0
1
0
21
Total fees
$13,074
$2,575
$0
$515
$0
$16,164
Frontenac Islands
7
3
0
1
0
11
Total fees
$6,331
$1,545
$0
$515
$0
$8,391
South Frontenac
46
2
6
6
2
62
Total fees
$44,214
$1,030
$2,778
$3,090
$206
$51,318
Total Pt 8 Revenue
$76,333
$8,755
$3,241
$4,635
$206
$93,170
Part 8 Services
Permits
Total 22
In Q2, Building Services issued a total of 82 Part 8 sewage system permits, commented on 23 planning applications from a Part 8 perspective across Frontenac County, and completed 11 performance reviews/record searches. Building Files Closed: In Q2 Building Services closed 74 files. Financial Implications Building Fees and Part 8 Fees Q2 revenue collected for all South Frontenac building permits and Part 8 across Frontenac County totaled $449,620. Year to date revenue totals $598,669. Relationship to Strategic Plan☒ ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: 3. Ensure the organizational capacity to deliver cost-effective services in a changing world.
Q2 2023 – Building Services Page 111 of 123 Notice/Consultation Rebecca Roy Deputy Chief Building Official Approvals Prepared by: Peggy Spafford Permit Intake Coordinator Submitted by:
Brad Wright Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
Page 112 of 123
And To:
Council
Prepared by:
Development Services Department
Date of Meeting:
October 3, 2023
Subject:
2nd Quarter 2023 – Planning Services Report
Summary This report documents the delivery of Planning Services within the Development Services Department between April 1, 2023, and June 30, 2023 (2nd Quarter, 2023).
Recommendation This report is for information only.
Background The charts below break out planning activities by application type for Q2 2023 and compares the number to 2022 quarterly totals. The activities outlined below were completed by Planner(s), Senior Planner, and Director of Development Services. Pre-consultation Meetings
Number of Meetings
2022 – 4th Quarter Total
55
2022 – 3rd Quarter Total
55
2022 – 2nd Quarter Total
78 95 25 35
2022 – 1st Quarter Total
2023 – 1st Quarter Total 2023 – 2nd Quarter Total
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 113 of 123 Township of South Frontenac Staff Report – Q2 - 2023 Report – Planning Services Consent Applications Complete Applications Submitted 2022 – 4th Quarter Total
16
2022 – 3rd Quarter Total
9
2022 – 2nd Quarter Total 2022 – 1st Quarter Total 2023 – 1st Quarter Total 2023 – 2nd Quarter Total
17 15 10 6
Consent Applications – Approvals by Delegated Approval versus Applications Heard by Committee of Adjustment Undisputed Consents Disputed Consents Approved by Heard by Committee Director of Development of Adjustment Services 2022 – 4th Quarter Total 5 2 rd 2022 – 3 Quarter Total 17 6 nd 2022 – 2 Quarter Total 4 19 st 2022 – 1 Quarter Total 17 0 st 2023 – 1 Quarter Total 15 2 2023 – 2nd Quarter Total 5 1 Minor Variance Applications 2022 – 4th Quarter Total
2022 – 3rd Quarter Total 2022 – 2nd Quarter Total 2022 – 1st Quarter Total 2023 – 1st Quarter Total 2023 – 2nd Quarter Total
Complete Applications Submitted 13 9 11 19 14 20
Zoning By-law Amendment Applications Complete Applications Submitted 2022 – 4th Quarter Total
2022 – 3rd Quarter Total
2022 – 2nd Quarter Total 2022 – 1st Quarter Total 2023 – 1st Quarter Total 2023 – 2nd Quarter Total
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
1 5 9 2 5 4
Page 114 of 123 Township of South Frontenac Staff Report – Q2 - 2023 Report – Planning Services
Site Plan Control Applications Applications Submitted 2022 – 4th Quarter Total 2022 – 3rd Quarter Total 2022 – 2nd Quarter Total 2022 – 1st Quarter Total 2023 – 1st Quarter Total 2023 – 2nd Quarter Total
1 3 7 3 2 0
Development Agreements Agreements Prepared 2022 – 4th Quarter Total
21
2022 – 3rd Quarter Total
8
2022 – 2nd Quarter Total
31
2022 – 1st Quarter Total 2023 – 1st Quarter Total 2023 – 2nd Quarter Total
22 24 12
Certificates of Official Issued (Finalizing Consent Applications) Certificates Issued 2022 – 4th Quarter Total 2022 – 3rd Quarter Total 2022 – 2nd Quarter Total 2022 – 1st Quarter Total 2023 – 1st Quarter Total 2023 – 2nd Quarter Total Other In Q2 of 2023: • 1 Minimum Distance Separation Calculation was completed. Plans of Subdivision & Condominiums • •
Willowbrook Estates Phase 2 was granted final approval. Plan registration will be completed shortly. Sunbury Subdivision was granted draft plan approval.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
19 16 9 11 3 12
Page 115 of 123 Township of South Frontenac Staff Report – Q2 - 2023 Report – Planning Services •
Hartington Subdivision has been granted final approval by the Township. The subdivision agreement has been forwarded to the County for final approval. Plan registration will be completed shortly.
Discussion/Analysis The application numbers and demand for planning services in the 2nd quarter of 2023 are down slightly compared to the 2nd quarter of 2022. However, application numbers are up compared to the 1st quarter of 2023.
Financial Implications None.
Relationship to Strategic Plans ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: 3. Ensure the organizational capacity to deliver cost-effective services in a changing world.
Notice/Consultation Consultation with Planning Services staff.
Attachments None
Approvals Submitted by:
Brad Wright Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 116 of 123
County of Frontenac Notice of Public Meeting Official Plan Amendment Take Notice that the Council of The Corporation of the County of Frontenac is proposing to adopt an Official Plan Amendment in accordance with Section 17 of the Planning Act, RSO 1990, as amended, to make changes to the County Official Plan. The County of Frontenac’s Planning and Economic Development Advisory Committee will be hosting the statutory public meeting on Wednesday, October 4, 2023 at 10:00 a.m. County staff will provide a brief presentation and the committee will invite comments and questions from the public. Please note that there may be more than one public meeting scheduled, and they will be heard in the order that they appear on the committee’s agenda. The agenda will be available online on the County’s civic web portal in advance of the meeting (https://frontenac.civicweb.net/portal/). Public Meeting: Wednesday, October 4, 2023, at 10:00 a.m., in person at the Township of South Frontenac Council Chambers, 4432 George Street, Sydenham, ON and via electronic participation. Electronic Participation: The public meeting will also be available to the public virtually as a Zoom webinar. Members of the public can participate by registering for the Zoom meeting by computer, tablet, or smartphone or by calling in. To register, please visit the following link: https://us02web.zoom.us/webinar/register/WN_kgeAQjnVTymEYfKcJVrJCQ or contact planning@frontenaccounty.ca. After registering, you will receive a confirmation email containing information about joining the webinar. Purpose and Effect: The purpose of the Official Plan Amendment is to make changes to the County’s Official Plan to include policies related to the delivery of communal water and wastewater services and to recognize the creation of a Municipal Service Corporation to oversee this infrastructure. The amendment will include policies in the County Official Plan regarding how communal services can be used and provide enabling policies so that local townships can implement their own policies for how communal services will be used to guide growth and development in their communities. Lands Affected: The draft Official Plan Amendment applies to all properties within the County; therefore, no key map is provided. Other Applications: Currently, there are no other County-wide Planning Act applications. Additional Information related to the draft Official Plan Amendment is available by contacting County planning staff at planning@frontenaccounty.ca or 613-548-9400, extension 350. The draft of the Official Plan Amendment is also available online at the following link: https://www.frontenaccounty.ca/en/business/current-planningapplications.aspx. For background information about the County’s work on communal services, please visit: https://engagefrontenac.ca/communal-services. Notice of Adoption: If you wish to be notified of the decision of the County of Frontenac on the proposed official plan amendment, you must make a written request to Jannette
Page 117 of 123 County of Frontenac - Official Plan Amendment #3 (Communal Service) Amini, County Clerk, County of Frontenac, 2069 Battersea Road, Glenburnie, ON K0H 1S0 or jamini@frontenaccounty.ca. Appeals: If a person or public body would otherwise have an ability to appeal the decision of the Council of the County of Frontenac to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Council of the County of Frontenac before the proposed official plan amendment is adopted, the person or public body is not entitled to appeal the decision. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Council of the County of Frontenac before the proposed official plan amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party. Notice of Collection – Personal information collected as a result of this public meeting is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act and 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, County Clerk. Dated at the Township of Frontenac Islands this 14th day of September, 2023. Jannette Amini, County Clerk County of Frontenac
Page 118 of 123
County of Frontenac Official Plan Amendment #3: Communal Servicing Draft Text for the Public Meeting on October 4, 2023 4.2.1.4.2
Communal Servicing
Communal services are systems that provide water and wastewater treatment to clusters of residences or businesses. They can be a less expensive alternative to centralized municipal services and a more environmentally friendly alternative to private on-site services. However, perceived obstacles have slowed the implementation of communal services in many jurisdictions. A key benefit of communal services is that they represent alternative water and wastewater servicing approaches that can provide the County and Townships with the innovative technology and flexibility to accommodate growth and achieve planning, environmental, and economic objectives. Frontenac County has completed a Communal Servicing Study to demonstrate that the perceived obstacles - engineering, financial, risk management, planning - are just that, and to equip Frontenac with the tools necessary to enable redevelopment and new development on communal services. Communal water and wastewater servicing (also known as decentralized servicing) offers the potential to allow for new development and infill across the County, including on village and hamlet main streets, addressing some of the challenges associated with centralized municipal services and with private on-site services. Most importantly, communal servicing has the potential to support more compact, land-efficient development than is possible with private servicing, at a lower cost than is possible with centralized municipal services, and enable the revitalization of Frontenac’s communities. The Communal Servicing Study demonstrated that development on communal services has many potential benefits for Frontenac and rural development. For the Frontenac region, communal servicing enables:
Increased development potential and growing the tax base;
More water-sensitive design and other approaches to meet sustainability objectives;
A broader range of housing types and commercial development to allow for complete communities;
Reduced municipal service delivery costs to residents (e.g. garbage collection, snow removal); and
A new approach to managing financial risk.
For builders, communal servicing allows for more:
Page 119 of 123 Frontenac Draft OPA #3: Communal Services
Flexibility to address different market segments;
Feasible servicing approaches for developments in hard-to-service areas; and
Guidance and certainty on servicing.
Citizens that reside in a neighbourhood with communal services can:
Have stable and continual safe operation in their water and wastewater treatment systems;
Have a wider choice of housing options, allowing for aging in place; and
Recognize that water resources are being appropriately stewarded.
Frontenac has created a Municipal Services Corporation (MSC) under the Ontario Municipal Act, with the County and four Townships as shareholders. The MSC allows for the operation of a public utility that will manage and operate all future development on communal services. Frontenac County is the first regional jurisdiction in Ontario that has created a utility to develop a singular approach to supporting new development on communal services. 4.2.1.4.2.1
Policies
a. The County supports new development on communal services across the entire region, with the Municipal Service Corporation assuming and maintaining new water and wastewater services. b. New residential subdivision proposals in settlement areas identified in the Township Official Plans shall be created on communal services, wherever feasible, to achieve a density that is compatible. c. Communal services may also be considered by the Townships to service parts or the whole of existing villages, including main street improvements. d. Communal services shall be the primary servicing method for new large scale commercial development and industrial/business parks. e. Township Official Plans shall include policies to support the use and location of communal services, including:
- Specific settlement areas where communal services shall be required;
- How communal services can be used to create new forms of housing in settlement areas, and the requirement for different forms of housing (e.g., apartments, townhouses, tiny homes, mixed use development, etc.), including policies about the scale and density of development;
2
Page 120 of 123 Frontenac Draft OPA #3: Communal Services 3) Rural areas, with policies that establish criteria for the type and maximum density of rural residential development; 4) Waterfront development or redevelopment, including policies about the scale and density of development; and 5) The studies and plans required to demonstrate that communal servicing for a proposed project is appropriate and will have no negative impacts.
3
Page 121 of 123
To: Council Prepared by: Office of the Clerk Date of Meeting: October 3, 2023 Subject: Notice of Motion – Review of Arena Parking Options
Summary At the September 19, 2023, Council meeting, Mayor Vandewal submitted a Notice of Motion requesting that staff report back to Council regarding recommendations with respect to expanding parking areas at the Frontenac Community Arena.
Recommendation That Council direct staff to report back to Council regarding a review of the current and possible future parking at the Frontenac Community Arena, with a recommendation to be provided to the Arena Board for budget consideration.
Background At the September 19, 2023 Council meeting, Mayor Vandewal submitted a Notice of Motion requesting staff report back to Council regarding recommendations with respect to the current parking and potential expansion of the parking at the Frontenac Community Arena.
Discussion/Analysis Council’s Procedural By-law 2017-76 establishes the process for Notice of Motion. A notice of motion requires a seconder at the next regular Council meeting. If seconded, the motion is debated and voted on.
Financial Implications To be determined.
Relationship to Strategic Plans ☐ Not applicable to this report.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 122 of 123 Township of South Frontenac Staff Report - Notice of Motion – Review of Arena Parking Options
☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. Priority:
Attachments None.
Approvals Prepared and Submitted By:
Michelle Hannah, Deputy Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 123 of 123
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-81 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE SPECIAL COUNCIL MEETING OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON OCTOBER 3, 2023 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2, subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, HEREBY ENACTS AS FOLLOWS: 1.
The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on October 3, 2023 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held October 3, 2023 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on October 3, 2023 except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.
This By-law shall come into force and take effect on the date of its passage.
Read a first and second time this 3 day of October 2023. Read a third time and finally passed this 3 day of October 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
