Body: Council Type: Agenda Meeting: Regular Date: October 4, 2022 Collection: Council Agendas Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC Council Meeting Agenda Meeting # 34 TIME: DATE: PLACE:

7:00 PM, Tuesday, October 4, 2022 Electronic Participation.

Call to Order and Roll Call

a)

Resolution

Declaration of pecuniary interest and the general nature thereof

Approval of Agenda

a)

Resolution

Scheduled Closed Session - Not Applicable

Delegations

a)

Mr. Sutherland will be present to speak to Council regarding PLRAC-2022-0120.

b)

Mr. Beach will be present to speak to Council regarding RC-21-03.

Public Meeting

a)

Resolution - Call public meeting to order

b)

Notice of Collection

c)

Public Meeting - Zoning By-law Amendment Application - PL-ZBA2022-0061, Frontenac Outfitters (2017), 6674 Bedford Road • This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2022-0061 for 6674 Bedford Road. If approved, the zone on the subject lands would be changed from Rural Commercial (RC) and Rural (RU) to a property specific Recreational Resort Commercial zone (RRC-XX).

33 - 39

d)

Public Meeting - Zoning By-law Amendment Application - PL-ZBA2022-0125, Moreland, 3195 Sunbury Road • This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2022-0125 for 3195 Sunbury Road. If approved, the zone on a portion of the subject lands on Battersea Road would be changed from Urban Residential – First Density (UR1) to a property specific Urban Residential – First Density (UR1-XX).

40 - 45

e)

Resolution - Close Public Meeting

Approval of Minutes

a)

Resolution

Business Arising from the Minutes

Reports Requiring Action

3 - 32

46 - 57

Page 2 of 90

a)

Speed Limit Changes – New Firehall at 4490 Battersea Road • The purpose of this report is to initiate speed zone changes on Battersea Road in support of the new Station 8 Firehall on Battersea Road.

58 - 62

b)

PL-RAC-2022-0120 (Sutherland) – Application to request to stop up, close and transfer portions of unopened road allowance between Lot 20 and 21, Concession 2, District of Bedford • An application has been received by Development Services Staff to request to stop up, close and transfer a portion of unopened road allowance between Lot 20 and 21, Concession 2, District of Bedford.

63 - 67

c)

RC-21-03 (5006755 Ontario Ltd.) (Beach - Agent) – Application to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough • An application has been received by Development Services Staff requesting to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough.

68 - 73

Committee Meeting Minutes

By-laws

a)

PL-EA-2022-0135 (Dumbleton) – Encroachment Agreement Request • An application has been received to request an Encroachment Agreement to recognize the existing encroachment of an accessory building, being a detached garage and the existing driveway over Township owned lands.

Reports for Information

a)

Federal Electoral Districts Redistribution 2022 - Update • The purpose of the Report is to provide Council with an update regarding the Notice of Motion approved at the September 20, 2022 Council meeting regarding the Federal Electoral Districts Redistribution 2022.

85 - 86

b)

December 8th, 2022, Committee of Adjustment Meeting • This report is for information with respect to the December 8, 2022, Committee of Adjustment meeting.

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Information Items

Notice of Motions

Announcements/Statements by Councillors

Question of Clarity (from the public on outcome of agenda items)

Closed Session (if requested)

Confirmatory By-law

a)

Resolution

Adjournment

a)

Resolution Natural, Vibrant and Growing - A Progressive Rural Leader

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90

Public Meeting under the Planning Act

Applications for Zoning By-law Amendment PL-ZBA-2022-0061 (Frontenac Outfitters (2017)) PL-ZBA-2022-0125 (Moreland) 7:00 p.m. Virtual Council Meeting

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Tuesday, October 4, 2022

Public Meeting Statement • The purpose of this public meeting is to hear comments on Zoning By-Law Amendment Applications PL-ZBA-2022-0061 and PL-ZBA-2022-0125. • 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 via email at amaddocks@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 • Senior Planner/Planning Consultant reviews proposal, site context, studies, planning analysis • Senior Planner summarizes agency and public comments • Public questions and comments • Council questions and comments Page 5 of 90

PL-ZBA-2022-0061 Page 6 of 90

Frontenac Outfitters (2017) Agent: Fotenn Planning + Design 6674 Bedford Road

Context ∕

Located south of Frontenac Provincial Park

Intersection of Bedford Road and Salmon Lake Road

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5

Subject Site Two legal properties

Lot area of 8.2 hectares

300 metres of frontage on Bedford Road

191 metres of frontage on Pearkes Lake

Existing Frontenac Outfitters business 6

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Intent of the Application ∕

Permit up to 12 permanent tent sites

3 retained transient tent sites

A comfort station and activity building

Expansion of existing Outfitters business

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7

Intent of the Application Former business owner severed and rezoned the lands to allow the construction of a house.

This application would restore the business to the entire site

Restore most of the former campsite use but with modernized servicing (i.e. water and waste water treatment)

Glamping experience (permanent tent options)

Restoration and expansion of longstanding existing Outfitters business 8

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Sample Permanent Tent Sample is taken from 4-season tents offered by Ontario Provincial Parks

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9

Official Plan ∕

Designated Rural

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10

Current Zoning Rural Commercial (RC) and Rural Zone (RU) ∕

Split-zoned along property line

Camping not permitted

Commercial only permitted on southern property

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11

Proposed Zoning By-law Amendment Rezone to Site-specific Recreational Resort Commercial (RRC-X) Zone •

To permit a tourist establishment use

To permit the expansion of the existing commercial business

To permit the existing dwelling

Zoning performance standards to remain unchanged.

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12

Summary – Good Land Use Planning •

Application to permit the addition of tourist commercial use and expansion of retail commercial use.

Consistent with the Provincial Policy Statement and conforms to the South Frontenac Official Plan.

Zoning By-law Amendment will bring the proposed uses into compliance with the Zoning By-law.

Site-specific zoning to reflect the existing conditions and define the proposed built form. Page 15 of 90

13

Supporting Documents • Planning Justification Report • Conceptual Site Plan • Environmental Impact Assessment • Hydrogeological Assessment • On-site Wastewater Treatment Review

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Department, Agency and Public Comments • Building Services (Sewage System Review) – no objection • Public Services – no objection • Cataraqui Conservation – no objection provided EIA recommendations are implementing through zoning by-law and site plan control as appropriate • Public comments – none received

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Public Questions and Comments If you would like to speak: • 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.

Council Questions and Comments Page 18 of 90

Next Steps • Applicant to provide a written response to Council, Township staff, agency and public comments • A report with a recommendation for a decision will be brought to a future Council meeting

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Supplemental Slides For Discussion PL-ZBA-2022-0061

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18

Concept Plan

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19

Proposed Zoning By-law Amendment (RRC-X) Notwithstanding the provisions of Section 18, or any other provision of this By-law to the contrary, on lands zoned the Special Recreational Resort Commercial (RRC-X) Zone, the following provisions apply: a. Additional Permitted Uses • a retail store • accessory buildings and structures to the retail commercial use

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20

Zoning Matrix – RRC-X Zone Regulations

Required

Lot Area (Minimum)

8000 sq. metres

Lot Frontage (Minimum)

76 metres

Front Yard (Minimum)

8 metres

Rear Yard (Minimum)

8 metres

Interior Side Yard (Minimum)

3 metres

Exterior Side Yard (Minimum)

8 metres

Lot Coverage (Maximum)

40 percent

Building Height (Maximum)

11 metres

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21

PL-ZBA-2022-0125 Albert Moreland 3195 Sunbury Road

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Location

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Proposal • New residential lot approved by Committee of Adjustment in March 2022 (S-77-21-S) • Existing Zone – UR1 • Proposed Zone – UR1-XX • To permit severed parcel to have 0.6 hectare (1.5 acre) lot area

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Photos of Severed Parcel Page 27 of 90

Department and Public Comments • Building Services had no objection to the consent application as site conditions are suitable for a sewage system • Public Services had no objection to the consent application • Noted good sight lines • Lot grading and drainage plan required to address drainage issues

• Public Comments – none received to date on rezoning application Page 28 of 90

Planning Analysis

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• Provincial Policy Statement, County Official Plan and Township Official Plan direct growth to settlement areas • Minimum 0.8 ha (2 acre) lot area required for new lots • Ensures adequate well and sewage system separation • Smaller lot proposed so rear lot line aligns with other properties • Surveyed lot area is 0.6 ha (1.5 acres) • 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

Public Questions and Comments If you would like to speak: • 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.

Council Questions and Comments Page 30 of 90

Next Steps • A report with a recommendation for a decision will be brought to a future Council meeting

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Adjourn Public Meeting

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To: Council Prepared by: Development Services Department Date of Meeting: October 4, 2022 Public Meeting for Zoning By-law Amendment Application Subject: PL-ZBA-2022-0061, Frontenac Outfitters (2017), 6674 Bedford Road

Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2022-0061 for 6674 Bedford Road. If approved, the zone on the subject lands would be changed from Rural Commercial (RC) and Rural (RU) to a property specific Recreational Resort Commercial zone (RRC-XX). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application. 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.

Recommendation This report is for information only.

Background The property known as 6674 Bedford Road is zoned Rural Commercial (RC). Frontenac Outfitters (2017) is established on the property. This property also contains a single detached dwelling and three campsites. The property to the north (102904002025415) with frontage on Salmon Lake Road is zoned Rural (RU). The northern property also contains a campsite. The campsites are used for overflow when Frontenac Provincial Park is full. The northern property was severed in 2012 by a previous owner for residential purposes. The proposal is to change the zone on the two properties from Rural Commercial (RC) and Rural (RU) to a property specific Recreational Resort Commercial zone (RRC-XX). The bylaw would treat the two properties as one for the purpose of zoning, allow the existing Frontenac Outfitters business to continue, and permit a tourist establishment (campground) consisting of 12 tent sites and accessory buildings and uses. The majority of the tent sites would have a structure similar to a yurt. Accessory buildings and uses may include a

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 34 of 90 Township of South Frontenac Staff Report - PL-ZBA-2022-0061, Frontenac Outfitters (2017), 6674 Bedford Road

comfort station (e.g. composting toilets and outdoor showers) and an activity building (e.g. yoga studio and classroom). Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. The public meeting for the application will be a virtual public meeting using Zoom and telephone.

Supporting Documentation A planning justification report, environmental impact assessment, hydrogeological assessment, and onsite wastewater treatment review, as well as a conceptual site plan were submitted in support of the application. The application and supporting documents can be accessed in the Township’s CivicWeb Document Center (https://southfrontenac.civicweb.net/filepro/documents/88366/). Planning Justification Report A Planning Justification Report (Fotenn Planning + Design, July 27, 2022) was submitted in support of the application. The report assessed the appropriateness of the proposed zoning by-law amendment in the context of the surrounding area as well as its conformity with the applicable policy and regulatory framework. Environmental Impact Assessment An Environmental Impact Assessment (Ecological Services, June 1, 2021) was submitted in support of the application. The consultant undertook a background information review and field investigations. The field investigations included an ecological land classification and species at risk surveys. The properties were assessed for hydrological features (e.g. wetlands and watercourses), significant woodlands, significant wildlife habitat, significant areas of natural and scientific interest, and habitat of endangered species and threatened species. The consultant concluded that the subject lands contain significant woodland and significant wildlife habitat, and that Pearkes Lake contains fish habitat. The report concluded that the proposed development would not have a negative impact on natural heritage features and their ecological functions provided that several recommendations are adhered to. Examples of the recommendations include removing the existing waterfront campsite, removing portions of the existing gravel road and/or closing it to vehicular traffic, no tree clearing within 90 metres of the lake, excluding the wooded valley in the east half of the property from human intrusion (i.e. no go area), and installing any sewage system at least 120 metres from the lake.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 35 of 90 Township of South Frontenac Staff Report - PL-ZBA-2022-0061, Frontenac Outfitters (2017), 6674 Bedford Road

Hydrogeological Assessment A preliminary hydrogeological assessment (ASC Environmental, September 20, 2021) and a supplemental hydrogeological assessment (ASC Environmental, February 22, 2022) were submitted in support of the application. The supplemental report concluded that there are sufficient quantities of groundwater available from an existing on-site well to support the existing and proposed development. A suitable water storage system would be required to ensure that the well is not overloaded during peak water use periods. A water quality treatment system would also be required to ensure safe, potable water. Onsite Waste Water Treatment Review An on-site wastewater treatment review (Groundwork Engineering Limited, September 15, 2021) was submitted in support of the application. The report determined that the total daily design sewage flow would not exceed 10,000L per day, and that there are two potential sites on the properties that would meet the requirements of the Ontario Building Code. Conceptual Site Plan A conceptual site plan (Fotenn Planning + Design, July 27, 2022) was submitted to illustrate the extent of the proposed campground on the properties. The drawing shows the location of existing and proposed campsites, internal roads and parking areas, a common area and outdoor shelter (comfort station).

Discussion/Analysis Property Description The subject properties have frontage on Bedford Road and Salmon Lake Road. The site has a combined area of 8.2 hectares (20.3 acres). The site has approximately 191 metres of continuous frontage on Pearkes Lake. Beyond the existing developed area at the south end of the site, the lands have an undulating, bedrock topography that is forested. The neighbourhood consists of large, rural landholdings, and rural and waterfront residential properties. Frontenac Provincial Park is located approximately one kilometre to the north. Attachment 1 to this report shows the location of the subject property relative to local landmarks. Related Applications The subject property is not subject to any other applications under the Planning Act. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 36 of 90 Township of South Frontenac Staff Report - PL-ZBA-2022-0061, Frontenac Outfitters (2017), 6674 Bedford Road

Department and Agency Comments Public Services confirmed that a traffic impact study is not required as a significant amount of density is not proposed and the existing accesses to the site would not change. They had no objection to the approval of the rezoning application. Building Services had no objection to the approval of the rezoning application. They noted that it was demonstrated that the northern property would be capable of providing flexibility in siting a sewage system when it was created in 2012. Cataraqui Conservation indicated in a letter dated August 29, 2022, that the scale and location of the proposed campground development represents a minimal level of site disturbance that is not anticipated to negatively impact Pearkes Lake. The proposal allows for the maintenance and enhancement of a healthy vegetated buffer between all buildings and structures and the lake. They have no objection to the approval of the rezoning application provided that a minimum 50 metre setback from the highwater mark be applied to any campsites, buildings and structures, and that a minimum 120 metre setback from the highwater mark be applied to any sewage system. They recommended that the EIA recommendations which cannot be implemented through the zoning by-law amendment be implemented through site plan control. Public Comments No comments were received from the public. Preliminary Planning Analysis The proposed rezoning needs to be 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 PPS, County Official Plan and Township Official Plan express the importance of having consideration for economics, environmental health, and social well-being in decisions on land use planning matters. Although these documents promote recreational and tourism opportunities, these opportunities cannot be at the expense of the environment and the community they also require growth to be directed in a manner that will preserve environmental integrity while enhancing both the area’s rural character and its long-term economic viability. The supporting documentation demonstrates that the proposed campground would enhance the existing commercial use of the property, that the campground can be supported by private on-site well and sewage systems, and that it would not negatively impact the natural heritage of the area. It will also contribute to tourism in the surrounding area (e.g. visitors to Frontenac Provincial Park). The scale of the proposed use would be www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 37 of 90 Township of South Frontenac Staff Report - PL-ZBA-2022-0061, Frontenac Outfitters (2017), 6674 Bedford Road

appropriate with the existing nature-oriented activities offered on the site. The design of the site is sensitive to existing, neighbouring uses. The proposed campground conforms to the Recreational and Resort Commercial policies of the Township Official Plan (section 5.7.5(iii)). Specifically, the combined area of the two properties exceeds the minimum 4 hectare (10 acre) lot area, less than 50 campsites are proposed, and no campsite, building and structure will be within 50 metres of Pearkes Lake. The site would have passive waterfront and kayak/canoe launches. However, the primary recreational amenity is not the waterfront (e.g. not a beach). Therefore 15 metres of usable shoreline per site is not required. The primary destination for users of the site is Frontenac Provincial Park. A site-specific RRC zone would permit the existing outfitters business as well as a tourist establishment (campground) consisting of 12 tent sites and accessory buildings and uses. Should the zoning by-law amendment be approved by Council, the subject properties would be subject to site plan control. Site plan control would be used to address matters such as placement of campsites and accessory buildings, maintenance of natural vegetation, restrictions on tree clearing, and signage.

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: www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 38 of 90 Township of South Frontenac Staff Report - PL-ZBA-2022-0061, Frontenac Outfitters (2017), 6674 Bedford Road

• • • •

by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Attachments

  1. Location Map

Approvals Submitted By:

Christine Woods, MCIP, RPP, Senior Planner Approved By: Approved By:

Shelley Stedall, Dipl. B. Admin, AMCT Acting Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Attachment 1. Location Map

Legend Assessment Parcels Provincial Park Citations

1.8

0

0.92

WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.

1.8 Kilometers

Notes PL-ZBA-2022-0061

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

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1: 36,112

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To: Council Prepared by: Development Services Department Date of Meeting: October 4, 2022 Subject:

Public Meeting for Zoning By-law Amendment Application PL-ZBA-2022-0125, Moreland, 3195 Sunbury Road

Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2022-0125 for 3195 Sunbury Road. If approved, the zone on a portion of the subject lands on Battersea Road would be changed from Urban Residential – First Density (UR1) to a property specific Urban Residential – First Density (UR1-XX). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application. 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.

Recommendation This report is for information only.

Background The subject property is subject to consent application S-77-21-S for a new residential lot. Provisional approval of the consent application was granted subject to conditions by the Committee of Adjustment on March 10, 2022. One condition requires the severed parcel to be rezoned. The proposal is to change the zone on the severed parcel from Urban Residential – First Density (UR1) to a property specific Urban Residential – First Density (UR1-XX). This change would permit the severed parcel to have a minimum 0.6 hectare (1.5 acre) lot area 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. The public meeting for the application will be a virtual public meeting using Zoom and telephone.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 41 of 90 Township of South Frontenac Staff Report - PL-ZBA-2022-0125, Moreland, 3195 Sunbury Road

Discussion/Analysis Property Description The subject property is located in the Sunbury settlement area. It has frontage on Sunbury Road and Battersea Road. The property is approximately 35.6 hectares (88 acres) in area. It consists of farmland and forest. There is a single detached dwelling along the Sunbury Road frontage. The severed parcel (the lands to be rezoned) would consist of 0.6 hectares (1.5 acres) of vacant land, and have 133 metres of frontage on Battersea Road. These lands slope from the rear lot line to the road. Attachment 1 to this report shows the location of the subject property relative to local landmarks. Department and Agency Comments Building Services was not circulated the rezoning application as they had no objection to the consent application. They had indicated that the severed parcel would be capable of providing flexibility in siting a sewage system. Public Services was not circulated the rezoning application as they had no objection to the consent application. They had indicated that there are adequate sight lines for an entrance for the severed parcel. They had observed a low point at the south corner of the lot which causes excess water to pool at the ditch and onto the property. They indicated that, should the lot be created, a lot grading and drainage plan would be required prior to any site development to ensure that any development on the property does not result in negative impacts to adjacent properties and that water is redirected away from the proposed location of the house. Public Comments No comments were received from the public on the rezoning application. Preliminary Planning Analysis The proposed rezoning needs to be 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 subject lands are located in Sunbury, which is a designated Settlement Area. In accordance with the Provincial Policy Statement 2020 and the County of Frontenac Official Plan, the Township of South Frontenac Official Plan intends for a majority of new growth to www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 42 of 90 Township of South Frontenac Staff Report - PL-ZBA-2022-0125, Moreland, 3195 Sunbury Road

be directed to existing settlement areas where it can be supported by appropriate servicing. Residential development of the severed parcel would be compatible with existing, similar residential uses along Battersea Road. Section 5.6.1 (ii)(b) 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 UR1 zone also requires a minimum 0.8 hectare (2 acre) lot area. The applicant proposed a 0.78 hectare (1.95 acre) lot, as they intend for the rear lot line to be aligned with that of the properties immediately to the north and south. The survey that was prepared as a condition of consent approval determined that the lot area is 0.6 hectares (1.5 acres). The lot area of the severed parcel does 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. Private wells and sewage systems are the only servicing option in Sunbury. 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 parcel has 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. 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. Staff had recommended that the Committee of Adjustment deny the consent application. The less than 0.8 hectare (2 acre) lot area does not conform to the Township Official Plan and Zoning By-law. In addition, the subject property is sufficiently large to create a severed parcel that meets or exceeds the minimum 0.8 hectare (2 acre) lot area requirement. Staff note that Section 5.6.1 of the Township Official Plan does suggest that the minimum lot area could be changed subject to the approval of Council. This approval would come in the form of a zoning by-law amendment to permit the severed parcel to have a lesser lot area. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 43 of 90 Township of South Frontenac Staff Report - PL-ZBA-2022-0125, Moreland, 3195 Sunbury Road

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 posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Attachments

  1. Location Map

Approvals Submitted By:

Christine Woods, MCIP, RPP, Senior Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 44 of 90 Township of South Frontenac Staff Report - PL-ZBA-2022-0125, Moreland, 3195 Sunbury Road

Approved By: Approved By:

Shelley Stedall, Dipl. B. Admin, AMCT Acting Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 45 of 90 Attachment 1 to PL-ZBA-2022-0125 Report

Page 46 of 90 Minutes of Council September, 6, 2022

TOWNSHIP OF SOUTH FRONTENAC Council Meeting Minutes

Meeting #31 Time: 7:00 p.m. Location: Virtual/Council Chambers Present: Mayor Ron Vandewal, Ray Leonard, John McDougall, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff: Tom Berriault, Chief Building Official; Kyle Bolton, Director, Public Services; Claire Dodds, Director, Development Services; Louise Fragnito, Chief Administrative Officer; Anna Geladi, Planner (Present Virtually); Michelle Hannah, Planning Assistant; Angela Maddocks, Clerk; Rebecca Roy, Deputy Chief Building Official; Shelley Stedall, Director, Corporate Services - Treasurer; James Thompson, Deputy Clerk; Christine Woods, Senior Planner (Present Virtually) 1

Call to Order and Roll Call

a)

Resolution Resolution No. 2022-31-01 Moved by Councillor Sleeth Seconded by Councillor Morey That the Council meeting of September 6, 2022 be called to order at 7:00 p.m. Carried

2

Declaration of pecuniary interest and the general nature thereof

a) There were none. 3

Approval of Agenda

a)

Resolution Resolution No. 2022-31-02 Moved by Councillor McDougall Seconded by Councillor Sutherland That the agenda for the September 6, 2022 Council meeting be approved as presented. Carried

b) Mayor Vandewal recognized Claire Dodds, Director, Development Services for her contributions to the Township of South Frontenac. 4

Scheduled Closed Session (at end of agenda)

5

Delegations - none

6

Public Meeting - not applicable

7

Approval of Minutes

a)

Resolution

Page 47 of 90 Minutes of Council September, 6, 2022 Resolution No. 2022-31-03 Moved by Councillor Revill Seconded by Councillor Ruttan That the minutes of the August 9, 2022 Council meeting be approved. Carried 8

Business Arising from the Minutes

9

Reports Requiring Action

a)

Council Chamber Furniture Upgrades • The report provided information on Council Chamber furniture and seeks approval for the allocation of additional funds towards the project and reallocation and the funding envelope. Resolution No. 2022-31-04 Moved by Councillor Roberts Seconded by Councillor Ruttan That Council support an increase in the budget allocation for Council Chamber furniture from $15,000 to $25,000 And further, that both the original budgeted expense along with the requested additional funds totalling $25,000 be funded from the COVID-19 Safe Restart Reserve. Carried

b)

Next Generation 9-1-1 Agreement • The report provided information on the Next Generation 9-1-1(NG9-1-1) system and seeks authorization to enter into a service agreement with Bell Canada in order to meet the regulatory framework to modernize emergency services communications. Resolution No. 2022-31-05 Moved by Councillor Sleeth Seconded by Councillor Sutherland That Council authorize the Mayor and the Clerk to sign the Next Generation 9-11 Authority Service Agreement on behalf of the Township. Carried

c)

Commercial Card Policy • The report provided a proposed Commercial Card Policy which will replace the Township’s current credit card policy. Resolution No. 2022-31-06 Moved by Councillor McDougall Seconded by Deputy Mayor Leonard That Council adopt the Commercial Card policy as presented by the Director of Corporate Services/Treasurer; And that the previous Credit Card policy be rescinded and all eligible Business Cards (VISA cards) previously held by employees be cancelled; And that the Chief Administrative Officer and the Director of Corporate Services/Treasurer be designated the Lead Program Administrator for the program and authorized to complete the Master Client Agreement for Business Clients with the Royal Bank of Canada. Carried

d)

2022 Community Grants - Intake 2

Page 2 of 9

Page 48 of 90 Minutes of Council September, 6, 2022 •

The report provided a summary of Community Grants submissions received and the staff recommended allocation for Council approval.

Resolution No. 2022-31-07 Moved by Councillor Ruttan Seconded by Councillor Morey That Council approve the three (3) Community Grant applications included in this Staff Report totalling $9,000; And further that any unspent balance in 2022 Community Grants be allocated towards the 2023 Community Grant program. Carried e)

Communal Services Governance - Business Case Study • The report provided information on the public meeting on the Communal Services Business Case and seeks approval for next steps. Resolution No. 2022-31-08 Moved by Councillor Revill Seconded by Councillor Sutherland That Council receive the County of Frontenac’s Communal Services Governance

  1. That the only municipal contribution will be the start up funding identified in the report and flowing through agreement in next steps
  2. That no funding will be raised through taxation under the Municipal Service Corporation And that Council direct staff to continue working with the County on next steps, being the drafting of agreements and documents for approval by both County and lower tier Councils. Carried

f)

Heritage Grant Program • The report recommended that Council approve the Heritage Grant Program. The Heritage Grant Program is intended to encourage and assist owners of designated heritage properties under the Ontario Heritage Act with the maintenance, conservation, restoration, and care of heritage properties. The goal of the program is to enhance heritage designation of buildings, recognize and promote the cultural heritage of the Township. Resolution No. 2022-31-09 Moved by Councillor McDougall Seconded by Councillor Sutherland That South Frontenac Council approve the Heritage Grant Program Policy as attached to this report. Carried

10

Committee Meeting Minutes

a)

Bellrock Community Hall Committee meeting held July 20, 2022 Resolution No. 2022-31-10 Moved by Councillor Morey Seconded by Councillor Roberts That Council receives for information the minutes o f the July 20, 2022 Bellrock Community Hall Committee meeting.

Page 3 of 9

Page 49 of 90 Minutes of Council September, 6, 2022 Carried 11

By-laws

a)

By-law 2022-77 - Zoning By-law Amendment Application - 38 Phoebe Lane • The report recommended that Council pass a by-law to change the zone on the subject lands from Limited Service Residential - Waterfront (RLSW) to a property specific Limited Service Residential - Waterfront zone (RLSW-133) to permit the second storey of an accessory, detached garage to be used for human habitation similar to a sleeping cabin (i.e. sleeping accommodation only) and to permit this building to exceed the maximum building height permitted in the RLSW zone, and to have a reduced setback from the top of bank. Resolution No. 2022-31-11 Moved by Councillor McDougall Seconded by Councillor Sutherland That By-law 2022-77, being a by-law to amend By-law 2003-75, as amended, to rezone land from Limited Service Residential - Waterfront (RLSW) to Limited Service Residential - Waterfront - Special Provision (RLSW-133) on lands described as 38 Phoebe Lane, Concession 14, Part o f Lot 5, Loughborough, be given first and second reading. Carried Resolution No. 2022-31-12 Moved by Councillor Morey Seconded by Councillor Sleeth That By-law 2022-77, be given third reading, signed and sealed. Carried

b)

By-law 2022-78 - Zoning By-law Amendment Application - 1466 Devil Lake Road • The report recommended that council pass a by-law to change the zone on a portion of the subject lands from Rural (RU) to Waterfront Residential (RW) to permit residential development on two waterfront properties that are accessed from a public road and also to limit the permitted uses to either a seasonal dwelling or a single detached dwelling. Resolution No. 2022-31-13 Moved by Deputy Mayor Leonard Seconded by Councillor Roberts That By-law 2022-78, being a by-law to amend By-law 2003-75, as amended, to rezone land from Rural (RU) to Waterfront Residential (RW) o Part of Lands described as 1466 Devil Lake Road, Part Lots 12, 13 and 14, Concession 11, Bedford, be given first and second reading. Carried Resolution No. 2022-31-14 Moved by Councillor Roberts Seconded by Councillor Ruttan That By-law 2022-78 be given third reading, signed and sealed. Carried

c)

By-law 2022-79 - Zoning By-law Amendment Application - 73 Mill Bay Lane • The report recommended that Council pass a by-law to change the zone on the subject lands from Limited Service Residential - Waterfront (RLSW) to a property specific Limited Service Residential - Waterfront

Page 4 of 9

Page 50 of 90 Minutes of Council September, 6, 2022 zone (RLSW-134) to permit the principal building to have a maximum of 12.4% lot coverage and to be setback 9.5 metres from the top of bank, and to prohibit accessory buildings and structures on the property. Resolution No. 2022-31-15 Moved by Councillor Revill Seconded by Councillor McDougall That By-law 2022-79, being a by-law to amend By-law 2003-75, as amended, to rezone land from Limited Service Residential -Waterfront (RLSW) to Limited Service Residential Waterfront - Special Provision - (RLSW-134) on lands described as 73 Mill Bay Lane, Concession 7, Lot 33 to 34, Bedford, be given first and second reading. Carried Resolution No. 2022-31-16 Moved by Councillor Sutherland Seconded by Councillor Morey That by-law 2022-79 be given third reading, signed and sealed. Carried d)

By-law 2022-80 - Stop up, close and sell a portion of an unopened Road Allowance between Concession 9 & 10 - Storrington • An application has been received by Development Services Staff to request tos top up, close and transfer a portion of an unopened road allowance. Resolution No. 2022-31-17 Moved by Councillor Revill Seconded by Councillor McDougall That By-law 2022-80, being a by-law to stop up, close and sell a portion of an unopened road allowance being Part 2 Plan 13R22605, part of the road allowance between Concession 9 & 10, Storrington, be given first and second reading. Carried Resolution No. 2022-31-18 Moved by Deputy Mayor Leonard Seconded by Councillor Sleeth That by-law 2022-80, be given third reading, signed signed and sealed. Carried

e)

By-law 2022-81 and By-law 2022-82 - Implementation of Administrative Monetary Penalties – Noise By-law • The Report provided Council with information regarding the proposed expansion of the application of Administrative Monetary Penalties (AMPs) to deter actions prohibited under By-law 2015-41, A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac. Resolution No. 2022-31-19 Moved by Councillor Revill Seconded by Councillor Roberts That By-law 2022-81 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. Carried Resolution No. 2022-31-20 Moved by Councillor Sleeth Seconded by Councillor McDougall

Page 5 of 9

Page 51 of 90 Minutes of Council September, 6, 2022 That By-law 2022-81, be given third reading, signed and sealed. Carried Resolution No. 2022-31-21 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2022-82 being “A By-Law to Amend By-Law 2015-41, ‘A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac’, be given first and second reading. Carried Resolution No. 2022-31-22 Moved by Deputy Mayor Leonard Seconded by Councillor Sutherland That By-law 2022-82, be given third reading, signed and sealed. Carried f)

By-law 2022-83 - Hartington Equipment - Site Plan Control Application • The report recommended that Council pass a by-law to approve a Site Plan Control agreement for PIN 36142-0089, Part of Lot 6, Concession 7, District of Portland, South Frontenac. By-law 2022-58 requires site plan control to ensure that the Township’s development standards will be met on the subject property. Resolution No. 2022-31-23 Moved by Councillor McDougall Seconded by Councillor Morey That By-law 2022-83 to authorize the Mayor and Clerk to enter into a Site Plan Agreement with the Owner, R D equipment & Rental Inc., for PIN 36142-0089, Part of Lot 6, Concession 7, District of Portland, South Frontenac that accommodates the proposed development, be given first and second reading. Carried Resolution No. 2022-31-24 Moved by Councillor Roberts Seconded by Councillor Sleeth That By-law 2022-83, be given third reading signed and sealed. Carried

g)

By-law 2022-84 - Zoning By-law Amendment Application - Battersea Road • The report recommended that Council pass a by-law to change the zone on the subject property to permit a single detached dwelling with a minimum 37 metre front yard setback Resolution No. 2022-31-25 Moved by Councillor Sleeth Seconded by Councillor Roberts That by-law 2022-84. being a by-law to amend By-law 203-75, as amended, to rezone land from Rural (RU) to Rural -Special Provision (RU-67) on lands described as Part 2 on Reference Plan 13R-9022, Part of Lot 39, Concession 7, Storrington, be given first and second reading. Carried Resolution No. 2022-31-26 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2022-84, be given third reading, singed and sealed. Carried

Page 6 of 9

Page 52 of 90 Minutes of Council September, 6, 2022 h)

By-law 2022-85 - Compliance Audit Committee – 2022 Municipal Elections • The Report requested Council to support the appointment of representatives of South Frontenac to the Joint Frontenac Compliance Audit Committee for the purposes of the 2022 Municipal Election and pass By-law 2022-85. Resolution No. 2022-31-27 Moved by Councillor Sutherland Seconded by Councillor Ruttan That Council appoint Pat Player as the South Frontenac representative to the Joint Frontenac Compliance Audit Committee for the purposes of the 2022 Municipal Election, And that By-law 2022-85, being a by-law to establish the 2022 Election Joint Compliance Audit Committee for the Townships of Central Frontenac, Frontenac Islands, North Frontenac and South Frontenac and the Limestone District School Board be given first and second reading. Carried Resolution No. 2022-31-28 Moved by Councillor Ruttan Seconded by Councillor Morey That By-law 2022-85, be given third reading signed and sealed. Carried

i)

By-law 2022-86 - Amendments to Dog Control By-law - Order to Muzzle • The report provided Council with information regarding proposed amendments to the Dog Control By-law (By-law 2001-66) to permit an animal control officer to issue an order to muzzle in prescribed situations. Resolution No. 2022-31-29 Moved by Deputy Mayor Leonard Seconded by Councillor McDougall That By-law 2022-86 being ‘A By-law to Amend By-law 2001-66, ‘A By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac’, be given first and second reading. Carried Resolution No. 2022-31-30 Moved by Councillor Revill Seconded by Councillor Sleeth That By-law 2022-86 be given third reading, signed and sealed. Carried Resolution No. 2022-31-31 Moved by Councillor Morey Seconded by Councillor Revill That staff be directed to report back to Council regarding possible amendments to the Dog Control By-law related to livestock guardian dogs. Carried

12

Reports for Information

a)

Investment Update • The report provided an investment update to June 30, 2022

b)

2022 Year to Date Financial Report to June 30, 2022

Page 7 of 9

Page 53 of 90 Minutes of Council September, 6, 2022 •

The report provided a summary of the year-to-date financials to June 30, 2022, with a comparison to the year-to-date 2022 budget.

c)

Building Services – Review of Timeframes to Issue Permits • The report responded to questions and concerns raised by Council at the August 9th, 2022 meeting regarding the timelines associated with processing building permits.

13

Information Items

a)

Ontario Sheep Farmers - Livestock Guardian Dogs and Municipal Dog Control By-laws

14

Notice of Motions

15

Announcements/Statements by Councillors

a) Councillor Morey noted the Fish Fry scheduled for September 17, 2022 hosted by the Verona Lions Club. 16

Question of Clarity (from the public on outcome of agenda items)

17

Closed Session

a)

Resolution - Council held a closed session as permitted by the Municipal Act, Section 239.2 (d) labour relations or employee negotiations, including municipal or local board employees, regarding organizational recruitment and to approve closed session minutes. Resolution No. 2022-31-32 Moved by Councillor Roberts Seconded by Councillor Revill That Council resolve into closed session to receive an update regarding organizational recruitment and to approve closed session minutes. Carried

b)

Closed Meeting Minutes from January, February and March, 2022

c)

Closed Meeting Minutes from April and May 2022

d)

Closed Meeting Minutes from June and July 2022

e)

Organizational Recruitment Update

f)

Resolution - Move out of Closed Session Resolution No. 2022-31-36 Moved by Councillor Ruttan Seconded by Deputy Mayor Leonard That Council rise from closed session without reporting. Carried

18

Confirmatory By-law

a)

Resolution Resolution No. 2022-31-37 Moved by Councillor Sutherland Seconded by Councillor Sleeth

Page 8 of 9

Page 54 of 90 Minutes of Council September, 6, 2022 That By-law 2022-87, 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. 2022-31-38 Moved by Councillor Revill Seconded by Councillor Morey That By-law 2022-87, being the confirmatory by-law, be given third reading, signed and sealed. Carried 19

Adjournment

a)

Resolution Resolution No. 2022-31-39 Moved by Councillor Roberts Seconded by Councillor Ruttan That the Council meeting of September 6, 2022 be adjourned at 9:26 p.m. Carried

Ron Vandewal, Mayor

Angela Maddocks, Clerk

Page 9 of 9

Page 55 of 90

TOWNSHIP OF SOUTH FRONTENAC Committee of the Whole Meeting Minutes

September 13, 2022 Meeting #32 Time: 7:00 PM Location: Council Chambers/Virtual Present: Mayor Ron Vandewal, Ray Leonard, John McDougall, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff: Kyle Bolton, Director, Public Services; Louise Fragnito, Chief Administrative Officer; Tim Laprade, Manager, Recreation; Angela Maddocks, Clerk; Shelley Stedall, Director, Corporate Services - Treasurer; James Thompson, Deputy Clerk; Christine Woods, Senior Planner (Present Virtually)

Call to Order

a)

Motion Moved by Councillor Roberts Seconded by Deputy Mayor Leonard That the Committee of the Whole meeting of September 13, 2022 be called to order at 7:00 p.m.. Carried

Approval of Agenda

a)

Motion Moved by Councillor Sutherland Seconded by Councillor McDougall That Council suspends the rules of the Procedural By-law 2017-76 for the agenda of the September 13, 2022 Committee of the Whole meeting to allow for Delegations to be heard prior to the Roll Call and Declarations of Pecuniary Interest. Carried

Delegations

a)

OPP Commissioner Awards being presented to SFFR members involved in the rescue of a 3 year old young boy in March 2021. Staff Sergeant Marty McConnell and Deputy Fire Chief Alex Bennett recognized the following South Frontenac Fire & Rescue members involved in the rescue of March, 2021; Stan Ritchie, Platoon Chief, Adam Butler, Captain, Dan Stinson, Captain, Aleesha Soledad, Firefighter, David Meier, Firefighter, Elisa Monteverde, Firefighter, Ryan Heffernan, Firefighter, Nick Bosman, Firefighter, Jason Gilmour, Firefighter, Richard Clarke, Firefighter Chris Roberts, Firefighter, Tyler Gordon, Firefighter, Darcy Knott, Fire Chief (absent), David Brownlee, Firefighter (absent), Brandon Hole, Firefighter (absent) and Chris Delage, Firefighter (absent).

Page 56 of 90 Committee of the Whole September 13, 2022 4.

Roll Call

Declaration of pecuniary interest and the general nature thereof - none declared

Scheduled Closed Session - not applicable

Public Meeting - not applicable

Reports Requiring Direction - not applicable

Reports for Information

a)

2021 Draft Financials • The report provided a summary of the year-to-date financials to December 31, 2021 with a comparison to the 2021 budget

b)

Cataraqui Conservation Proposed Update to Guidelines for Implementing Ontario Regulation 148/06 • The report sought Council approval to pass by-law to institute and carry out the Commemorative Amenity & Tree Policy and Application. This policy will act as a guiding document to ensure commemorative installations are thoroughly reviewed to maintain environmental and social integrity, and to ensure installations are conducive with long-term park/facility site plans

c)

Community Programming & Events Committee and Recreation & Leisure Facilities Committee Review • The trial terms of the two Township Recreation Committees are set to expire on November 30th, 2022. Staff have reviewed the current structure and recommending that the Township move to a one committee structure that will meet the needs of the community while working towards Council’s Strategic Direction and achieving recommendations of the Recreation, Parks & Leisure Master Plan.

Rise & Report from Committees of Council

a)

Cataraqui Conservation Authority Councillor Revill provided Council with an update regarding the current focus of the Cataraqui Conservation Authority.

b)

Quinte Conservation Authority Councillor Roberts noted that the Quinte Conservation Authority will be celebrating their 75th Anniversary with a fundraising dinner on October 1, 2022.

c)

Rideau Valley Conservation Authority Councillor McDougall spoke to Council regarding the current focus of the Rideau Valley Conservation Authority.

Information Items - not applicable

Notice of Motions - none

Announcements/Statements by Councillors

a)

Councillor Ruttan thanked Christine Woods, Senior Planner with providing the Lake Ecosystem Advisory Committee with an update regarding the review of short term rental accommodations.

Page 2 of 3

Page 57 of 90 Committee of the Whole September 13, 2022 Councillor Sleeth commended Amanda Pantrey, Program, Events & Education Coordinator for her role in organizing the Open Farms event. He indicated that residents are very pleased with the road improvement along Road Lake Road. Councillor Sleeth expressed concern regarding Bill 7. Mayor Vandewal stated that residents are impressed with the recent improvements to Westport Road. He noted that additional public education and advertising was required regarding the new stop signs at Yarker Road and Wilton Road. He spoke to the review process regarding this project. Mr. Bolton provided additional information regarding the Yarker Road and Wilton Road project. Deputy Mayor Leonard indicated that residents are pleased with the Bellrock Road and Hinchinbrooke Road construction projects. 14.

Question of Clarity (from the public on outcome of agenda items)

Closed Session (if requested)

Adjournment

a)

Motion Moved by Councillor Ruttan Seconded by Councillor Revill That the Committee of the Whole meeting of September 13, 2022 be adjourned at 7:49 p.m. Carried

Page 3 of 3

Page 58 of 90

s

To: Council Prepared by: Public Services Department Date of Meeting: October 4, 2022 Subject: Speed Limit Changes – New Firehall at 4490 Battersea Road

Summary The purpose of this report is to initiate speed zone changes on Battersea Road in support of the new Station 8 Firehall on Battersea Road.

Recommendation That Council approve the staff recommendation for the implementation of a new 60km/hr speed limit on Battersea Road from Millburn Road to a location approximately 650m to the north. And that Council direct staff to prepare an amendment to the Roads, Traffic and Parking Bylaw 2000-01 to incorporate the proposed speed limit change.

Background On September 17th, 2021, the Director of Development Services presented the report on the Zoning By-law amendment to change the land use designation of the new fire station property from Quarry ‘B’ – Special Provision (QB-2) to Community Facility – Special Provision (CF-7). The referenced zoning bylaw change was otherwise enacted to permit the development of the new fire station located at 4490 Battersea Road. The staff report relating to the zoning changes included summaries of the comments received from various departments and external agencies. Comments provided by the Public Services Department at that time had expressed concern about site access and are outlined below: “Comments provided by Public Services staff included in the August 17, 2021 Public Meeting report indicated that the sight distances did not meet the required distances for the posted 80km/hr speed limit. It was indicated that the entrances shown on the conceptual Landscape Plan will need to be adjusted to more closely comply with the minimum sight distances specified in the Roads Byl-law. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 59 of 90 Township of South Frontenac Staff Report - Speed Limit Changes – New Firehall at 4490 Battersea Road

Further investigation regarding site access from the site to Battersea Road has occurred since the public meeting. Additional comments were provided by Township Public Services staff on September 15 and 16, 2021. These comments indicate that the new “non-emergency” entrance for regular car/truck traffic will be required to be located towards the north end of the property along Battersea Road. The access will be south of the berms that form part of the aggregate license on the property. Safe sight lines can be provided for this entrance if the traffic speed along this section of road is reduced to 60km/hr. The reduction of the speed limit in this location will be considered in consultation with property owners in the immediate area. Establishing safe sight-lines for non-emergency traffic will also require some removal of trees along the side of Battersea Road and at the entrance of the cemetery. The Township proposes to plant new trees around the Fire Hall to compensate for the trees that must be removed to ensure safe sight lines. The existing field entrance to the site will be removed. The emergency vehicle entrance to the fire hall will be signed and will require a flashing beacon to be established on Battersea Road to warn traffic of emergency vehicles entering the road. The aspect of site design will be overseen by Township Public Services staff.”

Discussion/Analysis The prescribed safe sight distances for Commercial (non-residential) entranceways under Bylaw 2000-01 are 230m for a posted speed of 80km/hr. This distance reduces to 180m comparatively for a posted speed limit of 60km/hr. Public Services staff evaluated pre-existing entranceways in the area at the cemetery and the Gilbert Quarry (G. Tackaberry & Sons) and confirmed that in all cases the 230m sight distances were not present. It was apparent that the introduction of a new 60km/hr zone in this area would therefore offer safety benefits for not only the new Fire Hall site but also the adjacent uses in the area. In June of 2022, staff reached out to Tackaberry to discuss proposed speed limit changes to 60km/hr along Battersea Road. Through these discussions Tackaberry offered support for the speed changes and acknowledged the benefits to the slow-moving heavy truck traffic regularly entering and exiting the Gilbert Quarry. Staff have reviewed the stopping sight distances for all three entrances in the area and have confirmed that the new 60km/hr zone would commence north of Millburn Road and extend approximately 650m northerly from that point. A copy of the speed zone details are included as Attachment A. Staff are therefore recommending that Council support he speed

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 60 of 90 Township of South Frontenac Staff Report - Speed Limit Changes – New Firehall at 4490 Battersea Road

zone changes as presented as they remain consistent with discussions throughout the redesignation of the new fire hall site.

Financial Implications The estimated costs for labour and material to supply and install the new speed limit signs along the road is expected to be approximately $1,100 which will be covered under the operating budget for roads.

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):

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 • • •

Director of Development Services Manager of Facilities and Waste Management G. Tackaberry & Sons (Gilbert Quarry)

Attachments •

Attachment A –Sketch of Speed Zone Change – 4490 Battersea Road

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 61 of 90 Township of South Frontenac Staff Report - Speed Limit Changes – New Firehall at 4490 Battersea Road

Approvals Submitted By:

Reviewed By:

W. Troy Dunlop, C.E.T. Manager of Technical Services and Infrastructure

Kyle Bolton, C.E.T. Director of Public Services

Approved By:

Shelley Stedall, Dipl. B. Admin, AMCT Acting Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Speed Zone Changes - Battersea Road

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels

0.5

0

0.23

WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.

0.5 Kilometers

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Notes

Page 62 of 90

1: 9,028

Page 63 of 90

To: Council Prepared by: Development Services Department Date of Meeting: October 4, 2022 PL-RAC-2022-0120 (Sutherland) – Application to request to stop up, close and transfer portions of unopened road Subject: allowance between Lot 20 and 21, Concession 2, District of Bedford.

Summary An application has been received by Development Services Staff to request to stop up, close and transfer a portion of unopened road allowance between Lot 20 and 21, Concession 2, District of Bedford.

Recommendation That Council direct staff to not proceed with the process of stopping up, closing and transferring ownership of a portion of the unopened road allowance between Lot 20 and 21, Concession 2, Bedford.

Background Staff have received an application requesting that a portion of the unopened road allowance be stopped up closed and transferred to the abutting lands known as 2532 Green Bay Road, location map Attachment #1. The road allowance proposed to be stopped up, closed and transferred runs from east to west along the northern lot line of the parcel municipally known as 2532 Green Bay Road. The portion of the unopened road allowance that is proposed to be stopped up, closed and transferred commences at the west side of the parcel at the intersection of Buckert Lane and Green Bay Road and ends on the east in a small bay that is part of Bobs Lake. There are several small parcels that are abutting the road allowance to the north, all of which are waterfront properties and addressed on Buckert Lane. The applicant has requested that this portion of the road allowance be stopped up, closed and transferred to the abutting lands at 2532 Green Bay Road. The request was submitted as the land owner / applicant thought that they already owned pieces of the unopened road allowance and was under the assumption that they were the owner of the land in question.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 64 of 90 Township of South Frontenac Staff Report - PL-RAC-2022-0120 (Sutherland) – Application to request to stop up, close and transfer portions of unopened road allowance between Lot 20 and 21, Concession 2, District of Bedford.

Additionally, the landowner/applicant has indicated that they do not want the land to be sold to someone else without their knowledge. Staff explained to the applicant that notice would be provided if the unopened road allowance were to be sold. The applicant believes that the unopened road allowance to the east of the small bay has historically been stopped up, closed and transferred to the abutting properties. A title search was completed for one of the properties that shows a portion of unopened road allowance in the legal description. Staff confirm that a by-law has never been passed to stop up, close and transfer this portion of land, and the legal description is qualified by the municipalities interest in the road allowance and does not give legal title to the property. This means that the property for which the title search was conducted does not legally own the un-opened road allowance.

Discussion/Analysis Staff feel that the closure and transfer of this portion of unopened road allowance does not align with the existing practice and decisions of Council as the road allowance leads directly from a public road to a body of water. Typically, in this type of situation an application to stop up, close and transfer an unopened road allowance are denied in order to continue to provide public access. The topography of the road allowance is gently sloping or flat with some low-lying wetland areas, however, the portion that meets the water is rocky but is accessible by foot. Planning staff have consulted with Public Services staff who also feel that this road allowance could qualify as direct public access from a Township owned road to a waterbody.

Financial Implications The application fee and legal deposit has been paid by the applicant to process this road closing application.

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):

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 65 of 90 Township of South Frontenac Staff Report - PL-RAC-2022-0120 (Sutherland) – Application to request to stop up, close and transfer portions of unopened road allowance between Lot 20 and 21, Concession 2, District of Bedford.

Notice/Consultation

Public Service Staff

Further consultation will occur should Council provide direction to staff to move forward with this application.

Attachments Attachment #1 – Location Map Attachment #2 – Satellite View showing the structures on the property / road allowance

Approvals Submitted By:

Michelle Hannah, Planning Assistant Approved By:

Shelley Stedall, Dipl. B. Admin, AMCT Acting Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Inset Map B O BS L A KE

©

Bobs Lake

RO D A

AD

GRE

RO

EN

AD

B AY RO

A BU CK B Y RO

75 MORTON POINT LANE

57 RIDERS LANE

Bobs Lake

LA ERS ID

N

E

FI SH CREEK

2532 GREEN BAY ROAD

R

AD

51 RIDERS LANE

60C MORTON POINT LANE

PL-RC-2022-0120 (SUTHERLAND)

Legend

41 RIDERS LANE

Benefitting Parcel

Proposed Road Allowance to be Closed, Purchased and Transferred

BUCKERT LANE

L ANE RT CKE 39 BUCKERT U B LANE

44 FROGGY LANE

GREEN BAY RD 43 BUCKERT LANE

FROGGY

E L AN

Road

Railway

30 FROGGY LANE

Assessment Parcel

Provincially Significant Wetlands Wetland

BUCKERT LANE 2432 GREEN BAY RD 2532 GREEN BAY RD

Wooded Area Water

Township Boundary

G REEN BAY ROAD

2601 GREEN BAY RD

2623 GREEN BAY RD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

Scale 1:3,500 0

25

50 Meters

UTM Zone 18 NAD 83

100

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While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Date: 2022-08-25

Sutherland Road Allowance Application

Legend Assessment Parcels

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Notes

Page 67 of 90

1: 4,407

Page 68 of 90

To: Council Prepared by: Development Services Department Date of Meeting: October 4, 2022 RC-21-03 (5006755 Ontario Ltd.) (Beach - Agent) – Application to stop up, close and transfer a portion of unopened road Subject: allowance between former Townships Portland and Loughborough.

Summary An application has been received by Development Services Staff requesting to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough.

Recommendation THAT Council deny the request in the application of the road closure which included a 20.12 (66 foot) metre by 182.87 metre (600 foot) portion of the road allowance. AND further that staff recommend that Council approve in principle, to stop up, close and transfer ownership of a portion of unopened road allowance over which the existing dwelling encroaches, and an additional three-foot buffer; AND FURTHER it being understood that a subsequent report containing a By-law will be presented to Council for approval following the receipt of the revised survey.

Background The subject road allowance is aligned from north to south, running from New Morin Road to Knowlton Lake Road. The southerly portion of the road allowance, consisting of approximately 765 metres is open and Knowlton Lake Road runs along this portion. The road allowance is the boundary line between the former Townships of Portland and Loughborough. New Morin Road follows the road allowance that meets the subject road allowance before New Morin Road takes a turn to the west and becomes a forced road wrapping around the property municipally known as 5356 New Morin Road. New Morin Road ends at the intersection to the south where it meets Vanluven Road, Attachment #1, location map. An application was brought before Council for a Public Meeting on August 9th, 2022. Township Staff consulted with Public Services prior to the Public Meeting. Public Notice www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 69 of 90 Township of South Frontenac Staff Report - RC-21-03 (5006755 Ontario Ltd.) (Beach - Agent) – Application to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough.

was delivered by mail, posted on the website, posted in the Frontenac News and posted on the property in accordance with the Township notice policy. Several letters of concern from neighbouring landowners were received. Members of Council also expressed concern with respect to closing the entire unopened road allowance. During the Public Meeting, Council suggested that a closure and transfer of the portion of road allowance over which the dwelling encroaches as well as an additional three-foot buffer may be supported rather than the entirety of the road allowance as proposed in the Application. Planning staff met with the Agent following the Public Meeting to discuss how the matter would move forward now that Council had heard the concerns of the public and expressed their own concerns. The agent requested that this application be brought back to Council for a decision. Discussion/Analysis Planning staff acknowledge that there is a historic encroachment of the dwelling on the property onto the unopened road allowance. The owner of the property has an existing Encroachment Agreement with the Township to recognize the encroachment of the dwelling. However, Encroachment Agreements are not transferred to new owners and therefore are a temporary solution to the encroachment onto the unopened road allowance. Staff acknowledge that Council is not supportive of the closure and transfer of the originally requested 20.12 (66 foot) metre by 182.87 metre (600 foot) portion of the road allowance. Staff are recommending that Council approve, in principle, the stop up, closure and transfer of the portion of the road allowance over which the dwelling encroaches plus a three-foot buffer. This will provide a long-term solution and establish a clean title for any subsequent owners of the property and the Township. If Council approves this recommendation, the Applicant and Agent will be required to amend the survey that was prepared in anticipation of approval of the original request. The new survey will show the encroachment lands plus a three-foot buffer and is required prior to Council approving a by-law so that Township Staff can accurately describe the portions of the unopened road allowance to be transferred. Once the survey has been prepared and deposited, the revised request will come back to Council for the passing of a by-law, at this time a purchase price will also be established based on the square footage determined by the surveyor. Staff have reached out to the Agent regarding the recommendation, and it is anticipated that he will be requesting to speak to Council as a Delegation.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 70 of 90 Township of South Frontenac Staff Report - RC-21-03 (5006755 Ontario Ltd.) (Beach - Agent) – Application to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough.

Financial Implications The application fee and legal deposit has been paid by the applicant to process this road closing application. The final purchase price will be determined once the survey has been finalized with respect to the portion being purchased and the survey is deposited and comprehensively reviewed by Planning Staff. Fees to survey the road allowance are to be paid by the applicant.

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):

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 •

Public Services

Attachments Attachment #1 – Location Map Attachment #2 – Aerial image of the property

Approvals Submitted By:

Michelle Hannah, Planning Assistant

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 71 of 90 Township of South Frontenac Staff Report - RC-21-03 (5006755 Ontario Ltd.) (Beach - Agent) – Application to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough.

Approved By:

Shelley Stedall, Dipl. B. Admin, AMCT Acting Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Map Title

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Ownership Parcels Citations

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Notes

Page 72 of 90

1: 9,028

Map Title

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Location Labels Ownership Parcels

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Notes

Page 73 of 90

1: 3,916

Page 74 of 90

To: Council Prepared by: Development Services Department Date of Meeting: October 4, 2022 Subject:

PL-EA-2022-0135 (Dumbleton) – Encroachment Agreement Request

Summary An application has been received to request an Encroachment Agreement to recognize the existing encroachment of an accessory building, being a detached garage and the existing driveway over Township owned lands.

Recommendation It is recommended that By-law 2022-92 authorizing the Mayor and Clerk to enter into an Encroachment Agreement with Judy and Mike Dumbleton for the purposes of recognizing the existing encroachment onto the Township Lands known as Block B, Plan 1597; Buckley Drive, be passed.

Background An application has been received by staff requesting an encroachment agreement for the existing garage and shed located on Township owned Block B, Plan 1597. The applicants who own 3475 Buck Point Lane recently had a survey prepared in anticipation of a request for a Minor Variance at the property. It was discovered that the lands that the former owners of the property built the garage and shed on are not part of 3475 Buck Point Lane, but Block B on Plan 1597, owned by the Township, location map Attachment #1.

Discussion/Analysis The lands, being Block B on Plan 1597 are part of a historic subdivision. Block B was to be Buckley Drive and the legal description states this. The lands being Block B, over which Buck Point Lane travel are Township owned, but the lane is not maintained by the municipality. Township staff have asked the applicants to ensure the encroachment matter is recognized prior to moving forward with an application for a Minor Variance for the deck on the home. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 75 of 90 Township of South Frontenac Staff Report - PL-EA-2022-0135 (Dumbleton) – Encroachment Agreement Request

The property is developed with a home, a detached garage and a shed, attachment #2 is an aerial photo showing the encroachment of the garage and the driveway. Planning staff have spoken with the Municipal solicitor, and it was noted that an encroachment agreement was the easiest way to recognize the encroachment. The by-law prepared will be registered on title to the benefitting property with the Agreement to be registered as a schedule to the By-Law, attachment #3 by-law and attachment #4, Encroachment Agreement. Nothing will be registered on title to the unopened road allowance.

Financial Implications The application fee has been paid by the applicant. The applicant will be responsible for all legal fees, including the cost to register the by-law and agreement on title.

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): ENTER SPECIFIC ACTION ITEM HERE

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 •

Municipal solicitor

Attachments Attachment #1 – Location Map Attachment #2 – Satellite image Attachment #4 – By-Law 2022-92 Attachment #5 – Encroachment Agreement

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 76 of 90 Township of South Frontenac Staff Report - PL-EA-2022-0135 (Dumbleton) – Encroachment Agreement Request

Approvals Submitted By:

Michelle Hannah, Planning Assistant

Shelley Stedall, AMCT Acting Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Dumbleton Encroachment

Legend Assessment Parcels Location Labels Citations

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WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.

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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Notes

Page 77 of 90

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Dumbleton Encroachment

Legend Assessment Parcels Location Labels

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Notes

Page 78 of 90

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Page 79 of 90 TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-92 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN ENCROACHMENT AGREEMENT BETWEEN THE TOWNSHIP OF SOUTH FRONTENAC AND MICHAEL AND JUDITH DUMBLETON RELATING TO THE EXISTING STRUCTURES LOCATED ON TOWNSHIP OWNED BLOCK B, PLAN 1597, DISTRICT OF STORRINGTON. WHEREAS PURSUANT TO Section 9 of the Municipal Act, 2001, S.O. 2001, as amended, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to Section 5.3 of the Municipal Act, 2001, c.25, the powers of every Council shall be exercised by by-law; AND WHEREAS it is deemed expedient that the Township of South Frontenac enter into an agreement with Michael and Judith Dumbleton respecting the encroachment of the garage and shed on Block B, Plan 1597, District of Storrington. AND WHEREAS such agreement is required to set out the terms and conditions of the provision of such encroachment; NOW THEREFORE the Council of the Township of South Frontenac enacts as follows: 1.

THAT the Mayor and the Clerk are hereby authorized, on behalf of the Township of South Frontenac, to enter into and execute under its corporate seal, an Encroachment Agreement with Michael and Judy Dumbleton.

That a copy of the said agreement shall remain attached to and form part of this by-law marked as Schedule A.

That the Owner(s) of the lands as of the date of by-law passage shall pay all costs associated with the development, passage and registration of this by-law.

That this by-law shall be registered in the Land Registry Office and the Municipality shall be provided with the appropriate documentation that the registration has been completed within ten (10) business days of the date of registration.

That passage of this by-law shall be deemed to include authorization to legal counsel to register the same in the Land Registry Office without further written authorization.

That this by-law shall come into force and effect on the final date of passing.

Dated at the Township of South Frontenac this 4th day of October, 2022. Read a first and second time this 4th day of October, 2022. Read a third time and finally passed this 4th day of October, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

Page 80 of 90

Schedule “A” to Township of South Frontenac By-Law 2022-92 ENCROACHMENT AGREEMENT Made this ______ day of _______________, 2022 BETWEEN Michael & Judith Dumbleton Hereinafter called the “Owner (Licensee)” OF THE FIRST PART -andTHE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC Hereinafter called the “Municipality (Licensor)” OF THE SECOND PART WHEREAS the Owner is the registered owner of lands located in the Township of South Frontenac more particularly described in Schedule “A” (the “Owner’s Lands); AND WHEREAS the Municipality is the registered owner of the Unopened Road Allowance, more particularly described in Schedule “B” (the “Unopened Road Allowance”); AND WHEREAS By-Law 2022-92 authorized this agreement to be entered into between Owner with the Municipality on the terms set out; AND WHEREAS the Municipality is authorized to enter into this agreement and register it against the title to the severed lands, pursuant to Section 5.3 of the Municipal Act, 2001 c. 25; NOW THEREFORE WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties agree each with the other as follows:

  1. The Owner covenants and agrees to the following conditions for an encroachment agreement for two accessory building, being a detached garage and a shed at the property described in Schedule A to this agreement, to occupy a portion of the township owned Block B, Plan 1597, District of Storrinton, as described in schedule B to this agreement and agree to comply with the conditions of By-Law 2022-92, A By-law to Authorize the Encroachment of accessory structures on Part of the township owned Block B, Plan 1597, District of Storrington.
  2. The Owner hereby covenants and agrees for ourselves, heirs, executors and assigns to indemnify and keep indemnified the Licensor against all actions, suits, claims and demands which may be brought or made against the Licensor, and against all loss, costs, damages, charges or expenses whatever which may be sustained, incurred or paid by the Licensor in consequence of the abovementioned encroachment, and the Licensees hereby grant to the Licensor full power and authority to settle any such action, suit, claim or demand on such terms as the Licensor deems appropriate, and to pay to the Licensor on demand all monies paid by it in pursuance of any such settlement and also such sums as shall represent the reasonable costs or the Licensor or its Solicitor in defending or settling any such action suit, claim or demand, and this agreement shall not be alleged as a defense by the Licensees in any action by any person for actual

Page 81 of 90

damage suffered by reason of the permission hereby granted to maintain the above-mentioned encroachment. 3. We further covenant and agree that this agreement applies only to the structure existing of the date this agreement was entered into, and shall not apply to any other development on the property. If the structures which encroach into Block B, Plan 1597 are removed, they cannot be rebuilt within Block B, Plan 1597, and no additional development, beyond that existing will be allowed. 4. It is recognized that the driveway accessing the property encroaches on Block B, Plan 1597. There shall be no alterations to the driveway without the written consent of the Municipality. 5. This Agreement shall be registered against the title to the Owner’s Lands, as Schedule A to By-law 2022-92 and the Municipality shall be entitled to enforce its provisions against the Owner and, in respect of the obligations affecting the Owner’s Lands. 6. If the Owner fails or refuses for any reason to comply with any requirements of this agreement, the Owner shall be in default and the Municipality may, on seven (7) days notice, require the Owner to remedy the default, failing which the Municipality may, without further notice and without prejudice to any other rights and remedies available to it, do such things and perform such work as is necessary to rectify the default. 6. Any account rendered by the Municipality for work done shall be paid by the Owner within thirty (30) days of the day of billing, and, if the Owner fails to pay, interest shall be charged on the amount outstanding at the rate of one and a quarter percent (1.25%) per month (15% per annum) on the first day of each calendar month following the date the account was due. Any payments received on accounts rendered shall be applied first to any outstanding interest, which may have accrued, and the balance shall be applied to reduce the principal amount outstanding. 7. If the Municipality incurs any expense arising out of the terms of this Agreement, the Municipality may recover the amount in like manner as municipal taxes or by action, pursuant to Section 326 of the Municipal Act. 8. All costs necessary to fulfill any condition of this agreement, and all costs incurred by the Municipality in connection with the preparation, execution, registration or enforcement of this Agreement shall be paid by the Owners. 9. This Agreement shall become null and void if the Owner’s Lands are sold, transferred, or otherwise disposed of.

Page 82 of 90

IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals as of the day and year first written above. SIGNED, SEALED AND DELIVERED In the presence of:


Witness


Michael Dumbleton Owner


Witness


Judith Dumbleton Owner

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC Per:


Ron Vandewal – Mayor


Angela Maddocks – Clerk We have the authority to bind the corporation.

Page 83 of 90

Schedule A The Owner’s Lands: Lot 11, Plan 1597, District of Storrington, Township of South Frontenac PIN: 36294-0041 Roll Number: 1029-060-010-20400 Municipal Address: 3475 Buck Point Lane, Inverary, Ontario K0H 1X0

Page 84 of 90

Schedule B Township owned lands: Block B, Plan 1597, District of Storrington, Township of South Frontenac. PIN: 36294-0046

Page 85 of 90

To: Council Prepared by: Office of the Clerk Date of Meeting: October 4, 2022 Subject: Federal Electoral Districts Redistribution 2022 - Update Summary The purpose of the Report is to provide Council with an update regarding the Notice of Motion approved at the September 20, 2022 Council meeting regarding the Federal Electoral Districts Redistribution 2022. Recommendation This report is for information purposes. Background At the September 20, 2022 Council meeting, Council waived the procedural rules related to Section 6. Clause a. of By-law 2017-16 to permit Council to deliberate on a Notice of Motion submitted by Councillor Revill and Councillor Sutherland regarding Federal Electoral Districts Redistribution 2022. Council subsequently approved the motion which read as follows: “That Council direct staff to register the Township of South Frontenac as a participant in Federal Electoral Districts Redistribution 2022 meetings to allow for the Township to address the proposed revisions to Federal Electoral Districts with further direction from Council to follow.” Discussion/Analysis Following the Council meeting, staff contacted the Ontario Commission responsible for the Federal Electoral Districts Redistribution 2022 to ensure that the Township of South Frontenac could participate in a virtual hearing should further Council direction be provided. Staff can confirm that the Township of South Frontenac has been registered to participate in the November 2, 2022 virtual hearing regarding Federal Electoral Districts Redistribution 2022. Written correspondence to the Federal Electoral Districts redistribution commission, must be submitted prior to the October 29, 2022 deadline. If Council wishes written correspondence to be submitted or for verbal presentation on behalf of the Township, further direction from Council is required. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 86 of 90 Township of South Frontenac Staff Report - Federal Electoral Districts Redistribution 2022 - Update

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.

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

Director, Corporate Services

Approvals Prepared & Submitted By:

James Thompson, Deputy Clerk Approved By:

Shelley Stedall, Dipl. B. Admin, AMCT Acting Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 87 of 90

To: Council Prepared by: Development Services Department Date of Meeting: September 20, 2022 Subject: December 8th, 2022, Committee of Adjustment Meeting

Summary This report is for information with respect to the December 8, 2022, Committee of Adjustment meeting.

Recommendation This report is for information purposes only.

Background In January 2019, Council adopted the Terms of Reference for the South Frontenac Committee of Adjustment. The Terms of Reference set out the schedule for the Committee of Adjustment meetings. The Terms of Reference indicates that meetings are to be held once each month with the exception of January, unless otherwise directed by Council. The Terms of Reference for the Committee of Adjustment also states that the term of the public members on the Committee is for a period of 4 years, coincident with the term of Council.

Discussion/Analysis The monthly Committee of Adjustment meeting for December, 2022 is scheduled to be held on December 8th, 2022, however, the meeting date falls after the end of the current term for Council and as such the meeting will not proceed. The meeting will be cancelled as members of the new Council will not yet be appointed to Committee of Adjustment. Appointments will take place at a Council meeting in January, 2023. Additionally, the recruitment for the Public Members to the Committee of Adjustment will take place between December 2022 and January, 2023. Further information regarding this matter will be circulated at a later date. It is anticipated that there will be a Committee of Adjustment training session for Council and Committee members in January 2023. Additionally, in accordance with the Terms of www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 88 of 90 Township of South Frontenac Staff Report - December 8th, 2022, Committee of Adjustment Meeting

Reference for Committee of Adjustment, there will not be a January meeting. February 9th, 2023 will be the first Committee of Adjustment meeting for the new term of Council.

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 (if applicable): ENTER SPECIFIC ACTION ITEM HERE

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. Note: Once a Climate Change Mitigation and Adaptation Strategy is established, specific action items/priorities will be added to this section of the report for staff to utilize.

Notice/Consultation

All Planning Staff Angela Maddocks, Clerk Louise Fragnito, CAO

Attachments None.

Approvals Submitted By:

Michelle Hannah, Planning Assistant, Secretary Treasurer, Committee of Adjustment www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 89 of 90 Township of South Frontenac Staff Report - December 8th, 2022, Committee of Adjustment Meeting

Approved By:

Shelley Stedall, Dipl. B. Admin, AMCT Acting Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 90 of 90

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-93 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 4, 2022 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 4, 2022 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 4, 2022 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 4, 2022 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 4 day of October 2022. Read a third time and finally passed this 4 day of October, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

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