Body: Council Type: Minutes Meeting: Regular Date: April 4, 2023 Collection: Council Minutes Municipality: South Frontenac
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Document Text
Minutes of Council April, 4, 2023
Township of South Frontenac Council Meeting Minutes
Meeting # 17 Time: 7:00pm Location: Council Chambers / Virtual Via Zoom Present: Mayor Ron Vandewal, Ray Leonard, Steve Pegrum, Doug Morey, Charlene Godfrey, Norm Roberts, Randy Ruttan, Ron Sleeth, Scott Trueman 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 (virtual), Troy Dunlop - Manager of Technical Services and Infrastructure, Christine Woods - Senior Planner
1
Call to Order and Roll Call
a)
Resolution Resolution No. 2023-17-01 Moved by Councillor Pegrum Seconded by Councillor Roberts That the Council meeting of April 4, 2023 be called to order at 7:00 p.m. Carried
b) The Deputy-Clerk conducted Roll Call. 2
Declaration of pecuniary interest and the general nature thereof
a)
There were none.
3
Approval of Agenda
a)
Resolution Resolution No. 2023-17-02 Moved by Councillor Godfrey Seconded by Councillor Leonard That the agenda be approved, as presented. Carried
4
Scheduled Closed Session
a)
There was none.
5
Recess
a)
Not applicable
6
Public Meeting
Minutes of Council April, 4, 2023 a)
Notice of Collection
The Deputy Clerk spoke to the Notice of Collection. b)
Resolution - Public Meeting to Order Resolution No. 2023-17-03 Moved by Councillor Trueman Seconded by Councillor Godfrey That the public meeting regarding the Planning Fees By-law be called to order. Carried
c)
Public Meeting - Planning Fees By-law (By-law 2019-74) Mr. Wright provided an introduction of the Report. In response to questions from Deputy Mayor Sleeth, Mr. Wright provided clarification regarding the proposed fee increases. Mayor Vandewal requested that staff provide further explanation regarding Table 4. Mr. Wright spoke further to Table 4. Mayor Vandewal inquired about the sign posting fee. Mr. Wright responded that on occasion planning staff are required to post public notice signage for applicants and indicated that a fee has been proposed associated with this service. Mayor Vandewal provided members of the public with an opportunity to provide comment. Members of the public did not provide comment.
d)
Resolution - Close Public Meeting Resolution No. 2023-17-04 Moved by Councillor Morey Seconded by Councillor Roberts That the public meeting regarding Planning Fees By-law be closed. Carried
e)
Resolution - Public Meeting to Order Resolution No. 2023-17-05 Moved by Councillor Pegrum Seconded by Councillor Morey That the public meeting regarding Township-Initiated Official Plan and Zoning Bylaw Amendments on Additional Dwelling Units and PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road be called to order. Carried
f)
Public Meeting Introduction The Deputy Clerk provided an overview of the pubic meeting information as per the Planning Act.
Page 2 of 8
Minutes of Council April, 4, 2023 g)
Public Meeting - Township-Initiated Official Plan and Zoning By-law Amendments on Additional Dwelling Units Ms. Woods, Senior Planner provided an overview of the report for Township initiated Zoning By-Law amendment and Official Plan amendment. Councillor Morey sought clarification regarding whether the proposed maximum height provisions applied to the accessory buildings and additional dwelling units. Ms. Woods advised that the proposed maximum height provisions apply to all accessory buildings. Councillor Pegrum sought further explanation regarding the impact of reassigning the role of Zoning By-law Administrator to the Planning Department rather than the Chief Building Official. Ms. Woods responded that staff are recommending this change as the Planning Department specializes in land use planning. Councillor Ruttan questioned whether the majority of the proposed amendments are mandated by the provincial government. Ms. Woods responded that none of the proposed changes are mandated by the Provincial Government at this time. She commented that it is important to consider our community and the need for housing options. She advised that the County of Frontenac Official Plan speaks to additional dwelling units and stated that it is important for the Township of South Frontenac Official Plan and Zoning By-law to permit additional dwelling units. Councillor Ruttan sought further clarification regarding the permitted number of additional dwelling units. Ms. Woods replied that Council has the ability to determine the number of dwelling units permitted per property. She elaborated that the number of permitted units could be dependent on the size of the property. Deputy Mayor Sleeth questioned whether additional dwelling units impact severance applications. Ms. Woods advised that there are provisions built into the amendment to prohibit severing additional dwelling units. She noted that the amendment requires a shared driveway, servicing as well as a maximum distance of 40 metres between the dwelling and dwelling units to ensure that the dwelling and associated dwelling units remain tied together. Mayor Vandewal inquired about additional dwelling unit setbacks from lakes. Ms. Woods noted that waterfront properties that are large in size with room outside the 90 metre setback could have an addition dwelling unit. She commented that the intention is to keep additional dwelling units and intensification away from the lakes. Mayor Vandewal inquired about whether a garage can now be located in the front yard and sought further information regarding the approval process. Ms. Woods advised that staff are proposing to the remove the requirement for the garage to be located behind the house. She indicated that staff have proposed to add a setback requirement specifically for accessory buildings. She explained that a property owner could apply for a building permit as long as all zoning by-law requirements are met. She noted that the look of a garage is not something that can be regulated through the Zoning By-law.
Page 3 of 8
Minutes of Council April, 4, 2023 In response to a comment from Mayor Vandewal, Ms. Woods spoke to the proposed maximum height provision. The Mayor afforded members of the public with an opportunity to provide comment. Ms. Kapusta advised that she has several questions including the hydrogeological study requirements. She noted that if there is a 4-acre property and someone severs the property in half a drilled well and pump test of 3.5 gallons per minute over six hours is the only requirement other than sufficient area for sewage, what is the different between that and adding a dwelling unit on the same property. She stated she believes that the proposal makes sense in settlement areas but does not understand the requirement for the whole township. She acknowledged that the Terms of Reference is being worked on and noted that a hydrogeological study will cost approximately $4,500 with a peer review fee of $500, the costs are increased, and it seems more challenging than the current system that just requires a zoning by-law amendment and demonstration of water and sewage capacity. She stated that it seems more onerous with this change with the added studies and the -H symbol removal. Ms. Kapusta spoke to certain areas of the Township that are known areas of concern and suggested that the requirement for a full hydrogeological study is appropriate but to not for the whole Township, it maybe could be dependent on lot size or in specific areas. She advised she does not think that is makes sense for it to be a requirement for an additional dwelling unit when it is not a requirement to sever. She noted that the proposal especially does not make sense when there is a need for affordable housing and these additional costs may be more than the cost to create the second dwelling unit in the existing home. Ms. Kapusta stated that she would like to see more information with respect to the basis for requirements in all different scenarios and why that requirement is there. Ms. Kapusta asked why an ADU would not be allowed to be severed from a parcel of land that has not reached its maximum severances. Requiring the dwelling units to be in close proximity and questioned only having one driveway, why does the additional dwelling unit have to be so close to the main house, especially if it is a large property. Ms. Kapusta agreed that on undersized lots certain stipulations to ensure there would be no case for a severance should be implemented. She inquired about the requirement for the ADUs to be tied into the same sewage system when there is nothing that says you cannot have two sewage systems on one property. She added that she does not feel like this change is making anything better and it seems like the process more difficult compared to the current process. She inquired if the currently approved additional dwelling units met the requirements proposed or was there other requirements in place. In response to a comment from Mayor Vandewal, Ms. Woods provided further explanation regarding the proposed hydrogeological study requirements and the associated proposed use of a holding symbol. Ms. Kapusta advised that she is supportive of the setbacks for additional dwelling units located nearby lakes, and also for the accessory buildings in the front yard provision. Councillor Trueman advised that he is supportive the terms of reference and suggested that a checklist be utilized to determine whether a hydrogeological study is required. He inquired about the requirement for 90 metres setback from waterbodies and mentioned than an application that was approved recently was within that setback from a stream. He noted he believes there is still work to be done. Councillor Godfrey asked for an explanation regarding the difference between a multi-residential unit and additional dwelling units.
Page 4 of 8
Minutes of Council April, 4, 2023 Ms. Woods advised that a multiple-residential unit is typically a building with more than three units, and it is purposely built as an apartment for example whereas additional dwelling units refer to a detached dwelling, semi-detached dwelling, townhouse and the associated additional dwelling units. h)
Public Meeting - PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road Ms. Woods, Senior Planner provided Council with a summary of the Application. Councillor Pegrum noted there is an existing residence on the east side of the road and inquired about the distance from the existing development compared to the proposed development. Ms. Woods advised that there are three or four existing residential developments that are located closer to the quarry than the proposed residential development. She indicated that this matter was considered as part of the study and explained that the other houses were established decades ago and because of those houses the quarry is restricted to ensure that there is no impact on the development. She stated that staff determined that adding two more houses in the area would have no impact on the quarry operations. Councillor Morey noted that it looks like everything has been done by the applicant to ensure they are as far away from the quarry as possible given all of the restrictions in the area. Mayor Vandewal inquired if future property owners would be advised of the agreement regarding the quarry. Ms. Woods advised that it would be up to the purchaser to do their due diligence. In response to a question from Mayor Vandewal, Ms. Woods provided clarification regarding the consent application process as well as the technical review of the zoning by-law application. Councillor Trueman sought further explanation regarding whether it is possible for the quarry to expand. Ms. Woods advised that because there are already houses in the area, the expansion of the quarry has already been restricted. She provided further information regarding the quarry license and operations.
i)
Resolution - Close Public Meeting Resolution No. 2023-17-06 Moved by Councillor Ruttan Seconded by Councillor Deputy Mayor Sleeth That the public meeting regarding Township-Initiated Official Plan and Zoning Bylaw Amendments on Additional Dwelling Units and PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road be closed. Carried
7
Delegations
a)
Representatives from Cambium Consulting & Engineering were present to speak to Council regarding Annual Update (2022) - Township of South Frontenac Waste Disposal Sites.
Page 5 of 8
Minutes of Council April, 4, 2023 Stephanie Reeder from Cambium Consulting & Engineering provided an update on the annual monitoring reports with respect to the Township of South Frontenac Waste Disposal Sites. 8
Approval of Minutes
a)
Resolution Resolution No. 2023-17-07 Moved by Councillor Roberts Seconded by Councillor Leonard That the minutes of the March 21, 2023 Council meeting be approved. Carried
9
Business Arising
a) There was none 10
Reports Requiring Action
a)
Waste Disposal Sites 2022 Annual Update Resolution No. 2023-17-08 Moved by Councillor Leonard Seconded by Deputy Mayor Sleeth That Council receive the Waste Disposal Sites 2022 Annual Update presentation from Cambium Consulting & Engineering for information. Carried
b)
Application for Draft Plan of Subdivision 10T-2020/001 (Sunbury Subdivision), 3863 Battersea Road Resolution No. 2023-17-09 Moved by Councillor Roberts Seconded by Councillor Morey That South Frontenac Council recommend the County of Frontenac approve plan of subdivision application 10T-2020/001 subject to the conditions outlined in the Planning Report prepared by the Senior Planner and dated April 4, 2023. Carried
c)
Award of Tender # PS-2023-11 – Pavement Marking Program Resolution No. 2023-17-10 Moved by Councillor Roberts Seconded by Councillor Ruttan That Council accept the bid from Provincial Road Markings Inc. in the amount of $260,507.63 (net of HST credits) for the 2023 Pavement Marking Program; and That Council direct staff to harmonize service levels for centerline painting on low volume urban and low volume rural roads consistent with the provincial guideline. Carried
d)
Municipally Significant Event Designation for the Frontenac Farmers Market Kickoff Event
Page 6 of 8
Minutes of Council April, 4, 2023 Resolution No. 2023-17-11 Moved by Councillor Leonard Seconded by Councillor Godfrey That Council designate the Frontenac Farmers Market Kickoff Event as municipally significant in support of the Alcohol & Gaming Commission of Ontario Special Events Permit Application. Carried e)
Building Services Delivery Review Update Resolution No. 2023-17-12 Moved by Councillor Ruttan Seconded by Councillor Trueman That Council approves the release of one (1) Building Inspector position as identified within the 2023 Budget; and That Council support the proposed improvement ideas included in the Staff Report. Carried
11
Advisory Committee Reports or Minutes
a) There were none 12
By-laws
a)
Cash-in-Lieu of Parkland, Subdivision Agreement for Willowbrook Estates Phase 2 Plan of Subdivision (10T-2020-002), 1059823 Ontario Limited Resolution No. 2023-17-13 Moved by Councillor Trueman Seconded by Councillor Leonard That Council accept the amount of $22,000 as the cash-in-lieu payment for the Willowbrook Phase 2 Plan of Subdivision 10T-2020-002; and That By-law 2023-26 authorizing the Mayor and Clerk to enter into a subdivision agreement with 1059823 Ontario Limited for the Willowbrook Estates Phase 2 Plan of Subdivision 10T-2020-002 be given first and second reading. Carried Resolution No. 2023-17-14 Moved by Councillor Godfrey Seconded by Councillor Pegrum That By-law 2023-26 be given third reading, signed and sealed. Carried
13
Reports for Information
14
Information Items
a)
Letter to Heads of Council - Enbridge Gas, Mar 24 2023
b)
South Frontenac Museum Newsletter - Spring 2023
Page 7 of 8
Minutes of Council April, 4, 2023 15
Notice of Motions
a) There were none 16
Announcements/Statements by Councillors
a)
Councillor Morey inquired with respect to the signage at the Quinte Conservation park site in Portland.
17
Question of Clarity (from the public on outcome of agenda items)
a) There were none 18
Closed Session (if requested)
a) There was none 19
Confirmatory By-law
a)
Resolution Resolution No. 2023-17-15 Moved by Councillor Morey Seconded by Councillor Ruttan That By-law 2023-27, 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. 2023-17-16 Moved by Deputy Mayor Sleeth Seconded by Councillor Roberts That By-law 2023-27, being the confirmatory by-law, be given third reading, signed and sealed. Carried
20
Adjournment
a)
Resolution Resolution No. 2023-17-17 Moved by Councillor Godfrey Seconded by Councillor Leonard That the Council meeting of April 4, 2023 be adjourned at 9:41p.m. Carried
Ron Vandewal, Mayor
James Thompson, Clerk
Page 8 of 8
