Body: Council Type: Agenda Meeting: Regular Date: February 6, 2024 Collection: Council Agendas Municipality: South Frontenac
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Township of South Frontenac Council Meeting Agenda
TIME: DATE: PLACE:
7:00 PM, Tuesday, February 6, 2024 Council Chambers/Virtual Via Zoom .
Call to Order
a)
Resolution
That the Council meeting of February 6, 2024 be called to order at ___ p.m. 2.
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
That the agenda be approved. 4.
Appointment of Councillor Bedford District
a)
Appointment of Councillor – Bedford District
b)
Declaration of Office
Scheduled Closed Session
Recess
Public Meeting
a)
Resolution - Public Meeting to Order
b)
Notice of Collection
9 - 52
c)
Public Meeting for Zoning By-law Amendment Application - PL-ZBA2023-0134, Harmsen Construction Inc. (The Boulevard Group), Rutledge Road, 102904001010120 This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0134 for a property on Rutledge Road with roll number 102904001010120. If approved, the zone on the property would be changed from Urban Residential – First Density (UR1) to an Urban Multiple Residential Special Provision zone (UMR-XX).
53 - 59
d)
Public Meeting for Zoning By-law Amendment Application - PL-ZBA2023-0135, Caivan Properties Holding, 162 Campground Lane This report provides Council with information about Zoning By-law amendment application PL-ZBA-2023-0135 which applies to the property municipally known as 162 Campground Lane. If approved, the zone on the subject lands would be changed from Rural Recreation Commercial – 25 (RRC-25) and Rural (RU) to Rural Recreation Commercial – 66 (RRC-66)
60 - 67
5-8
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e)
Public Meeting for Zoning By-law Amendment Application PL-ZBA2023-0136, Ashworth and Cochrane, 113 Doris Smith Lane This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0136 for 113 Doris Smith Lane. If approved, the zone on a portion of the property would be changed from Environmental Protection (EP) to a Limited Service Residential – Waterfront Special Provision zone (RLSW-XX).
f)
Resolution - Close Public Meeting
Delegations
Briefings
Approval of Minutes
a)
Resolution
68 - 73
74 - 77
That the minutes of the January 16, 2024 Council meeting be approved. 11.
Reports Requiring Action
a)
RC-24-01, Unopened Road Allowance Closure Request
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That Council direct staff to commence the process of closing the unopened road allowances identified as PIN 36239-0604, identified on attachment 1 as Road Allowance A, PIN 36239-0606 identified on attachment 1 as Road Allowance Portion B, and PIN 36239-0619 identified on attachment 1 as Road Allowance Portion C; and That Council direct staff to not proceed with the process of closing the unopened road allowance with PIN 36239-0461 identified on attachment 1 as Road Allowance Portion D. 12.
Advisory Committee Reports or Minutes
Reports Requiring Approval of By-laws
a)
Appointment of Deputy Chief Building Officials
84 - 86
That By-law 2024-11 being a By-law to appoint Deputy Chief Building Officials be given first and second reading; and That By-law 2024-11 be given third reading, signed and sealed; and That By-law 2023-90, a by-law to appoint a Deputy Chief Building Official be repealed. b)
Zoning By-law Amendment Application PL-ZBA-2023-0102, SNZ Holdings (Fotenn), 1425 Rutledge Road
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That By-law 2024-12 being a By-law to amend the zoning on lands known at 1425 Rutledge Road, Part Lots 15 to 17, Concession 4, District of Loughborough, Township of South Frontenac, be given first and second reading; and That By-law 2024-12 be given third reading, signed and sealed. c)
Renewal of Contract - Part IV Enforcement Authority – Clean Water Act
95 116
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That By-law 2024-13 being a By-law to appoint a Risk Management Official and Risk Management Inspector for the Township of South Frontenac pursuant to the Clean Water Act, 2006, be given first and second reading; and That By-law 2024-13 be given third reading, signed, and sealed. 14.
Reports for Information
Committee of the Whole
Information Items
a)
Correspondence received from Cataraqui Conservation
Notice of Motions
Rise and Report regarding County Council and External Boards
a)
County Council
b)
Police Services Board
c)
Cataraqui Conservation
d)
Quinte Conservation
e)
Rideau Valley Conservation Authority
f)
Frontenac Community Arena Board
Announcements/Statements by Councillors
Closed Session (if requested)
a)
Resolution:
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That Council resolve itself into the Committee of the Whole “Closed Meeting” to consider the following items: a) personal matters about an identifiable individual, including municipal or local board employees - Corporate Services. b) personal matters about an identifiable individual, including municipal or local board employees - Performance Evaluation b)
Personal matters about an identifiable individual, including municipal or local board employees - Corporate Services
c)
Personal matters about an identifiable individual, including municipal or local board employees - Performance Appraisal
d)
Resolution:
That Council rise from the Committee of the Whole “Closed Meeting” without reporting. 21.
Confirmatory By-law
a)
Resolution
119
That By-Law 2024-14, 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; and That By-Law 2024-14 be given third reading, signed and sealed. 22.
Adjournment
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a)
Resolution
That the Council meeting of February 6, 2024 be adjourned at ____ p.m. Natural, Vibrant and Growing - A Progressive Rural Leader
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To:
Council
From:
Office of the Clerk
Date of Meeting:
February 6, 2024
Subject:
Appointment of Councillor – Bedford District
Report Number:
2024-013
Summary Staff recommend that Council approve By-law 2024-10 in order to appoint Adam Turcotte as a Member of Council for Bedford District. Recommendation That By-law 2024-10 being a By-law to Appoint Adam Turcotte as a Member of Council for Bedford District, be given first and second reading; and That By-law 2024-10 be given third reading, signed and sealed. Background Section 263 of the Municipal Act states as follows: Rules applying to filling vacancies (5) The following rules apply to filling vacancies:
- Within 60 days after the day a declaration of vacancy is made with respect to the vacancy under section 262, the municipality shall, i. appoint a person to fill the vacancy under subsection (1) or (4), or ii. pass a by-law requiring a by-election be held to fill the vacancy under subsection (1). Discussion/Analysis At the January 9, 2024 Council meeting, the office of Councillor for Bedford District, held by Charlene Godfrey was declared vacant in accordance with Section 262 of the Municipal Act. Subsequently, at the January 16, 2024 Council meeting, Council gave consideration to three options to fill the vacancy. Following deliberation, Council opted to appoint the Councillor candidate from the 2022 Municipal Election who received the third highest number of votes. (Subject to the consent of the candidate.) www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-013
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The results of the 2022 municipal election were as follows: Race: Ward 1 (Bedford) Councillors Steve PEGRUM 622 (Current Member of Council) Charlene GODFREY 497 (Former Member of Council - Resigned) Adam TURCOTTE 371 (Third Highest Number of Votes) Nathan HANNAH 202 Staff have confirmed that Adam Turcotte has consented to be appointed to Council for the remainder of the 2022-2026 term. Mr. Turcotte will undertake the Oath of Office at the February 6, 2024 Council meeting. Financial Implications Not applicable. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Choose an item. Action Item (If Applicable): Insert Text
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 Township Solicitor Attachments Exhibit A – By-law 2024-10
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-013
Approvals Submitted By:
James Thompson, Clerk Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Page 8 of 119 Township of South Frontenac By-Law Number 2024-10 Page 1 of 1 By-Law Number 2024-10 A By-Law to Appoint Adam Turcotte as a Member of Council for Bedford District Whereas Section 263 (1) of the Municipal Act, 2001,S.O, 2001, c.25 as amended, states that if a vacancy occurs in the office of a member of council, the municipality shall, subject to this section, fill the vacancy by appointing a person who has consented to accept the office if appointed; Whereas Council declared the office of Councillor for Bedford District, held by Charlene Godfrey vacant on January 9, 2024; and Whereas Council by resolution determined that the vacancy would be filled by appointing the Councillor candidate from the 2022 Municipal Election who received the third highest number of votes; Therefore be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- That Adam Turcotte is hereby appointed to fill the vacant office of Councillor for Bedford District, previously held by Charlene Godfrey for the remainder of the 2022 to 2026 Term of Council.
- That this By-law shall come into force and take effect on the date of its passage. Given First and Second Readings: Tuesday, February 6, 2024 Given Third Reading and Passed: Tuesday, February 6, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Notice of Collection • Personal information, as defined by the Municipal Freedom of Information and protection of Privacy Act (MFIPPA), including (but not limited to names, addresses, opinions and comments, is collected under the authority of the Municipal Act, 2001, Planning Act and in accordance with MFIPPA. • All personal information may form part of the meeting agendas and minutes, and therefore will be made available to members of the public at the meetings, through requests, and through the website of the Corporation of the Township of South Frontenac. • Questions regarding the collection, use and disclosure of this personal information may be directed to the Township Clerk. Page 9 of 119
Public Meeting under the Planning Act
Applications for Zoning By-law Amendment PL-ZBA-2023-0134 PL-ZBA-2023-0135 PL-ZBA-2023-0136 Page 10 of 119
Tuesday, February 6, 2024 7:00 p.m. Council Meeting
Public Meeting Statement • The purpose of this public meeting is to hear comments on Zoning By-Law Amendment Applications PL-ZBA-2023-0134, PL-ZBA-2023-135 and PL-ZBA-2023-0136. • If a person or public body does not make oral or written submissions at this public meeting, or make written submissions to South Frontenac Township before any by-law is passed, the person or public body may not be added to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. • If you wish to be notified of the decision of Council in respect to the application, you must submit a written request to the Clerk by email care of planning@southfrontenac.net. This will also entitle you to be advised of an Ontario Land Tribunal appeal.
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• Anyone may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the Clerk within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal.
Meeting Format • Planner reviews proposal and delivers report • Public questions and comments • Council questions and comments • Close public meeting
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PL-ZBA-2023-0134 Applicant: Harmsen Construction Inc. Agent: The Boulevard Group Property: Rutledge Road, Sydenham
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Location
Sydenham High School
Loughborough Public School
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Neighbourhood Zoning
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Proposal • Designation – Settlement Area • Existing Zone – UR1 • Proposed Zone – UMR-XX • Acknowledge 3600 sq. m. lot size and 34m frontage • Permit: • Six-unit apartment building • Maximum 12m building height • Approx. 2800 sq. ft. footprint • Three storey viewed from north • Two storey viewed from south
Excerpt of Concept Site Plan The BLVD Group
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• Minimum of one parking space per unit • 10 spaces are proposed
Conceptual Building Elevation (Viewed from Rutledge Road) Page 17 of 119
Conceptual Floor Plans Page 18 of 119
Supporting Documents • Planning Justification Report
• The Boulevard Group, November 2023 • 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
• Site Servicing Brief
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• Groundwork Engineering Ltd., November 10, 2023 • Building can be connected to municipal water system (wider connection required) • Sufficient area and conditions for on-site sewage system • Grading Plan and Servicing Plan provided (driveway upgrade needed)
View of Property from Rutledge Road
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View from the south, looking towards Rutledge Road (subject property on the right)
Department Comments • Public Services
• No concerns with the proposal from a traffic and serviceability perspective. • There may be significant off-site costs to applicant for matters such as retrofitting the access land and upgrading the water service. • Any pre-existing wells on the property will need to be decommissioned. • Development controls will need to be in place to ensure that stormwater will be managed on the property. • The property is suitable for the installation of a sewage system.
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• Building Services
Public Comments • Owner of right-of-way has no objection to the application but wants to ensure that driveway upgrades are made at the cost of the applicant. • Limestone District School Board wants to ensure that sufficient on-site parking is provided so that the school parking lot is not used for overflow parking, and has concerns about existing traffic issues. • A neighbouring landowner raised concerns about access to the property, traffic, and parking, building height and impact to views, drainage to the lake, as well as impacts to the operation of the neighbouring livestock farm. Also, impact of development on ability to make the right-of-way a future extension of Wheatley Street. Page 23 of 119
Policy Framework Provincial Policy Statement Frontenac County Official Plan Township of South Frontenac Official Plan
• Accommodate range of housing options in settlement area • Efficient use and optimization of municipal water service • Stormwater management
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Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting
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Open Discussion 1. 2. 3.
Council Questions Public Questions and Comments Council Comments
If you are joining virtually and would like to speak:
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• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
PL-ZBA-2023-0135 Applicant: Caivan Properties Holding Agent: Zanderplan Property: 162 Campground Lane
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Location
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Location
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Proposal • Existing Zone – RRC-25 and RU • Tourist establishment • 25 tourist cabins • 50 tourist campsites • Dining hall
• Proposed Zone – RRC-66 • Four-bedroom hotel • 7 tourist cabins • Restaurant • Lodge/Conference centre
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• Additional commercial uses proposed for RRC-66 zone including marina • Permit some cabins within 30m water setback
Proposal
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Proposal
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Supporting Documents • Planning Justification Report
• Zanderplan, November 17, 2023 • 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 Study
• Kilgour and Associates Ltd., October 24,2023 • Assessed the site for the presence of natural heritage features and species at risk and their habitats and whether the proposed development will have any impact on these features. • Mitigation measures are recommended to potential manage impacts.
• Traffic Impact Study
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• CGH Transportation July 23, 2023 and addendum January 17, 2024 • Assessed the ability of the roadway/intersection to accommodate the anticipated traffic (38 vehicle trips per weekday and 678 vehicle trips for a full capacity large weekend event). • Study concludes anticipated traffic volumes are within the maximum parameters for the classification of Burridge Road.
Supporting Documents • Stormwater Management Brief
• David Schaeffer Engineering Ltd., October 2023 • Study considered the pre and post development flows and recommended several best management practices to manage stormwater runoff, prevent localized flooding, and protect against soil erosion. • A more detailed review of stormwater management for the development would occur at the site plan control phase.
• Stage 1 Archaeological Assessment
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• Matrix Heritage, May 31, 2023 • Study concluded that the property contains areas of archaeological potential and identifies a scoped area of study for further Stage 2 investigation that includes the areas of proposed development. • The Stage 2 assessment will be required to be completed prior to site plan control and prior to any development or site alteration.
Department and Agency Comments • Public Services
• Provided comments on the site plan and traffic brief • There is ongoing review with the consultant • No specific objections were noted at this time
• Rideau Valley Conservation Authority
• Concerned with development within 30m of the water due to the proximity of these areas to steep slopes and potential erosion hazards.
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Public Comments • Multiple letters were received expressing concerns about the application
• Impact on Long Bay from the overall development. • Capacity of the conference centre and number of guests visiting the site. Related to this were concerns about traffic, noise, and safety. • Requested marina use was which is included as a proposed use but not shown on the development plans. There are concerns about the size of the marina and the increase in resulting boat traffic. • Development within the 30m water setback. Page 37 of 119
Policy Framework Provincial Policy Statement Frontenac County Official Plan Township of South Frontenac Official Plan
• Recreational and tourism oriented commercial development is permitted within Rural areas of the Township.
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Next Steps • South Frontenac Council should receive comments from the public • Staff will bring a comprehensive report and recommendation to be presented at a future Council meeting
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Open Discussion 1. 2. 3.
Council Questions Public Questions and Comments Council Comments
If you are joining virtually and would like to speak:
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• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
PL-ZBA-2023-0136
Applicant: Katharine Ashworth & Michael Cochrane Property: 113 Doris Smith Lane
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Location
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Proposal
Wetland
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• Designation – Settlement Area and Environmental Protection • Existing Zone – EP • Proposed Zone – EP and RLSW-XX • New zone would apply to existing developed area • The existing cottages, sheds and sewage systems would be demolished • New house at least 15m from the highwater mark • New sewage system at least 30m from highwater mark
Area to be Rezoned
Environmental Site Evaluation • Ecological Services (November 11, 2023) • Wetland boundary delineated • Developed portion of the property has minimal ecological significance • Surrounded by significant natural heritage features • Recommends best practices to protect features
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• avoid building demolition and tree clearing during the sensitive times of year for the critical life processes for species • use appropriate erosion and sediment control measures • maximize the distances of house and sewage system from lake and wetland
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Proposed Redevelopment Plan
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View of existing buildings from driveway
Existing cottage relative to shoreline
Proposed house location behind cottages Page 47 of 119
Agency and Public Comments • Cataraqui Conservation
• Proposed house and sewage system would be outside of the erosion and flooding hazards associated with Loughborough Lake • Recommended preparation of a detailed site plan to demonstrate distance to wetland maximized • Permits will be required under O. Reg. 148/06 for any development and site alteration, including upgrades or changes to the existing driveway
• One individual offered support for the application Page 48 of 119
Policy Framework Provincial Policy Statement Frontenac County Official Plan Township of South Frontenac Official Plan
• • • •
Recreational land uses Redevelopment of property Avoiding natural hazards Protecting natural features
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Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting
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Open Discussion 1. 2. 3.
Council Questions Public Questions and Comments Council Comments
If you are joining virtually and would like to speak:
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• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Adjourn Public Meeting
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To:
Council
From:
Senior Planner
Date of Meeting:
February 6, 2024
Subject:
Public Meeting for Zoning By-law Amendment Application PL-ZBA-20230134, Harmsen Construction Inc. (The Boulevard Group), Rutledge Road, 102904001010120
Report Number:
2024-017
Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0134 for a property on Rutledge Road with roll number 102904001010120. If approved, the zone on the property would be changed from Urban Residential – First Density (UR1) to an Urban Multiple Residential Special Provision zone (UMR-XX). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application through the public meeting. Staff will bring a more detailed report considering applicable policy and public comments, as well as providing a recommendation to Council on this application at a future meeting. Recommendation This report is for information only. Background The purpose of the application is to change the zone on the property from Urban Residential – First Density (UR1) to an Urban Multiple Residential Special Provision zone (UMR-XX). The effect would be to permit a six-unit apartment building on the property, a maximum 12 metre building height (three storeys built into the hill), and a minimum of one parking space per unit. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. The property is not subject to any other applications under the Planning Act. The subject property is located in the Sydenham Settlement Area, on Rutledge Road south of Wheatley Street. The property is approximately 3600 square metres in size and has 34 metres of frontage on Rutledge Road. It has deeded access over the driveway that abuts its western and southern property lines. The land rises from the road toward the south end of the property. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-17
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There are single detached dwellings and converted dwellings (multiple unit) to the east, two schools to the north, a parking lot to the west, and a farm to the south of the property. Supporting Documentation
A planning justification report, site servicing brief and conceptual site plan were submitted in support of the application. Planning Justification Report A Planning Justification Report (The Boulevard Group, November 2023) 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. The report includes conceptual building elevation drawings. Site Servicing Brief A Site Servicing Brief (Groundwork Engineering Ltd., November 10, 2023) was submitted in support of the application. The report indicated that the proposed building will be connected to the municipal water system as there is a watermain in front of the property. The report demonstrated that the property has sufficient area and conditions for the required on-site sewage system. Conceptual Site Plan A Conceptual Site Plan (The Boulevard Group, November 19, 2023) was submitted to demonstrate how the property would be developed, including building, sewage system, driveway, and parking locations. Department and Agency Comments
Public Services had no concerns with the proposal from a traffic and serviceability perspective. They noted that there may be significant off-site costs for matters such as retrofitting the access land and upgrading the water service. Any pre-existing wells on the property will need to be decommissioned. The water service for 2851 Rutledge Road runs across the subject property, as does a portion of the driveway. This will need to be addressed. Public Services identified that development controls will need to be in place to ensure that stormwater will be managed on the property (e.g. holding symbol on the zone). Building Services indicated that the property is suitable for the installation of a sewage system, as identified on the Conceptual Site Plan and Site Servicing Brief.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-17
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Public Comments
Staff received verbal comments from a nearby landowner. The individual raised concerns about access to the property, traffic, and parking, building height and impact to views, drainage to the lake, as well as impacts to the operation of the neighbouring livestock farm. Financial Implications Not applicable. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Choose an item. Action Item (If Applicable): Insert Text
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
Application and Supporting Documents The application and supporting documents (if any) can be accessed through the Township’s CivicWeb Document Center, https://southfrontenac.civicweb.net/filepro/documents/90083/ Attachments Exhibit A – Draft By-law Approvals Prepared By: Christine Woods, RPP, MCIP, Senior Planner www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-17
Submitted By:
Brad Wright, Director of Development Services Approved By:
Lousie Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Page 57 of 119 Township of South Frontenac By-Law Number 2024-XX Page 1 of 3 By-Law Number 2024-XX A By-Law to amend By-law 2003-75, as amended, to rezone land from Urban Residential – First Density (UR1) to Urban Multiple Residential – Special Provision (UMR-XX) on lands described as Part Block I, Plan 50, Part 2, Reference Plan 13R3750, Part Lot 4, Concession 4, District of Loughborough Whereas pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; and Whereas By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; and Whereas the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; and Whereas there be no further notice pursuant to Section 34 (17) of the Planning Act; Therefore be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- That Schedule “F” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Urban Residential – First Density (UR1) to Urban Multiple Residential – Special Provision (UMR-XX) for the lands shown on Schedule “A”.
- That Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section UMR-XX (Part Block I, Plan 50, Part 2, Reference Plan 13R3750, Part Lot 4, Concession 4, District of Loughborough) immediately after the last Urban Multiple Residential – Special Provision section to read as follows: UMR-XX (Part Block I, Plan 50, Part 2, Reference Plan 13R3750, Part Lot 4, Concession 4, District of Loughborough) Notwithstanding the provisions of Section 16 or any other provision of this By-law to the contrary, the lands zoned Special Urban Multiple Residential (UMR-XX) shall be used in accordance with the following: •
Zone Provisions o Lot Area (Minimum) 3600 square metres o Lot Frontage (Minimum) 34 Metres (111.5 ft) o Building Height (Maximum) 12 Metres (39.4 ft) o Off-street Parking Spaces (Minimum) 1 per dwelling unit o The entrances and exits to the parking spaces may pass through a zone other than the UMR-XX zone.
All other provisions of this by-law shall apply.
Page 58 of 119 Township of South Frontenac By-Law Number 2024-XX Page 2 of 3 3. This By-law shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Given First and Second Readings: Click or tap to enter a date. Given Third Reading and Passed: Click or tap to enter a date.
James Thompson, Clerk
Ron Vandewal, Mayor
Page 59 of 119 Township of South Frontenac By-Law Number 2024-XX Page 3 of 3 Schedule A of By-law 2024-XX
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To:
Council
From:
Director, Development Services
Date of Meeting:
Tuesday, February 6, 2024
Subject:
Public Meeting for Zoning By-law Amendment Application PL-ZBA-2023-0135, Caivan Properties Holding, 162 Campground Lane
Report Number:
2024-018
Summary This report provides Council with information about Zoning By-law amendment application PL-ZBA-2023-0135 which applies to the property municipally known as 162 Campground Lane. If approved, the zone on the subject lands would be changed from Rural Recreation Commercial – 25 (RRC-25) and Rural (RU) to Rural Recreation Commercial – 66 (RRC-66) Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application through the public meeting. Staff will bring a more detailed report considering applicable policy and public comments, as well as providing a recommendation to Council on this application at a future meeting. Recommendation This Report is for information purposes only. Background The purpose of the application is to amend the zoning of the property to facilitate the development of tourist and event facilities on the property including a 4-room hotel, a lodge space with a restaurant and conference centre, four 1-bedroom cabins, three 2-bedroom cabins, a new septic system, and associated parking and amenity areas. The subject property is a former children’s camp and is currently zoned Recreation Resort Commercial Special Exception (RRC-25) and Rural (RU). The application will amend the zoning of the property to permit additional uses to facilitate the proposed development, including a lodge, hotel, and eating establishment. Site specific performance standards are also proposed to permit the development of some of the cabins within the 30m setback of Bobs Lake. A draft by-law was prepared based on the proposal as outlined in the application and does not incorporate any comments received to date or planning review. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Page 61 of 119 Staff Report - Public Meeting for Zoning By-law Amendment Application PL-ZBA-2023-0135, Caivan Properties Holding, 162 Campground Lane
Property Description The two properties that are subject to this application are approximately 120ha in area with over 500m of frontage on Bobs Lake and over 600m of frontage on Burridge Road. An unopened road allowance between concession 9 and 10 separates the two properties. The property is accessed via Campground Lane which currently is a right of way over 1659 Burridge Road before it turns into a driveway to the site. The access crosses over the unopened road allowance between concession 9 and 10 – there does not appear to be a license agreement for this access. The owners have constructed a new entrance to the property further north from the existing entrance that no longer crosses the neighbouring property. Approval from the Township has not been granted for this new entrance. The property contains a former farmstead that has a dwelling and agricultural buildings located approximately halfway between the road and the lake. The camp is located closer to the lake and has a dining hall and a number of cabins and trailers. The document titled ‘Existing Structure and Disturbed Site Survey’ has photos of the existing structures and identifies their location on the property. The topography of the site is primarily treed and there are a number of rock outcrops. There is a low area near the farmstead containing a swamp in the approximate middle of the property that bisects the property. The shoreline of Bobs Lake is primarily vegetated with natural vegetation with the exception of a small beach. The shoreline slopes steeply in areas. Related Applications The property is subject to road allowance closure application RC-24-01. This application requests to stop up and close three separate road allowances. The road allowance closure request of immediate relevance to the subject application is the closure of the road allowance between Concession 9 and 10, Lot 31. This is the road allowance between the two properties that are the subject of this application. Currently the property west of the road allowance that contains the existing development and area of proposed development does not have any public road frontage on Burridge Road or legal access over the Township road allowance. Closure of this road allowance and merger of the two properties would ensure that the property has public road frontage which is necessary for the application to be supported. Supporting Documentation A preliminary site plan, planning justification report, environmental impact study, traffic impact study, stormwater management brief, and archaeological assessment were submitted in support of the application. Planning Justification Report A Planning Justification Report (Zanderplan, November 17, 2023) 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. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Page 62 of 119 Staff Report - Public Meeting for Zoning By-law Amendment Application PL-ZBA-2023-0135, Caivan Properties Holding, 162 Campground Lane
Environmental Impact Study An EIS (Kilgour and Associates Ltd., October 24,2023) was submitted in support of the application. The EIS assessed the site for the presence of natural heritage features and species at risk and their habitats and whether the proposed development will have any impact on these features. The report identifies a number of mitigation measures that are required to be implemented during the construction of the proposed development. The report concludes that if implementation of measures are adhered to, no negative impacts to natural heritage features or their ecological functions are anticipated. The EIS is in the process of being reviewed by the Township’s peer reviewer. Traffic Impact Study A Traffic Impact Study (CGH Transportation July 23, 2023 and addendum January 17, 2024) was submitted in support of the application and assessed the potential impact of the proposed development on the surrounding road network. The report states that Burridge Road is a 2-lane rural local roadway with a statutory speed limit of 80km/h and an average annual daily traffic volume of 151 vehicles per day. The study estimates that the development will generate up to 38 vehicle trips per weekday and 678 vehicle trips for a full capacity large weekend event. The addendum states that the proposed development is anticipated to add 5 two-way vehicle trips in the AM peak hour, and 5 two-way vehicle trips in the PM peak hour. Sightlines at the intersection of Campground Lane and Burridge Road can be brought to minimum TAC requirements by removing vegetation with the sighttriangles and trimming vegetation on the opposite side of the roadway. The study concludes that the anticipated traffic volumes are within the maximum parameters for the classification of Burridge Road. Stormwater Management Brief A stormwater management brief (David Schaeffer Engineering Ltd., October 2023) was prepared that considered the pre and post development flows and recommended several best management practices to enhance water quality, reduce the volume and velocity of stormwater runoff, prevent localized flooding, and protect against soil erosion. A more detailed review of stormwater management for the development would occur at the site plan control phase. Stage 1 Archaeological Assessment An archaeological assessment (Matrix Heritage, May 31, 2023) was prepared in support of the application. The report determined through a Stage 1 assessment that the property contains areas of archaeological potential. The report identifies a scoped area of study for further Stage 2 investigation that includes the areas of proposed development. A Stage 2 investigation would include test pit surveys at intervals of 5m for areas of high potential and intervals of 10m for areas of moderate potential. The Stage 2 will be required to be completed prior to site plan control and prior to any development or site alteration. Department and Agency Comments The Rideau Valley Conservation Authority submitted comments stating that they have concerns with the reduced water setback for some of the cabins. They confirmed that steep slopes are present along the shoreline of Bobs Lake and that the location of the cabins does not consider adequate setbacks from the slope hazard. They recommend that all development be set back appropriately from the top of the slope hazard to minimize risk. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Page 63 of 119 Staff Report - Public Meeting for Zoning By-law Amendment Application PL-ZBA-2023-0135, Caivan Properties Holding, 162 Campground Lane
Public Services reviewed the application and note that the new access to the property from Campground Lane has not been approved and will need to be addressed in a separate approvals process from the subject application or prior to a subsequent site plan control application. They reviewed the traffic study and provided comments for the traffic study consultant to consider. Discussion continues on these items. The application was not circulated to Building Services as the approval for the sewage system that would service the development will require a permit from the Ministry of Environment, Conservation and Parks. Public Comments As of Thursday, February 1, 2024 nine letters from the public have been submitted either citing concerns or objecting to the application. Some of the concerns raised include development within the 30m water setback, the impact of the development on Long Bay, the proposed capacity of the conference centre impacts resulting from the associated traffic and noise, and concerns about the proposed marina use and the increase in boating traffic associated with the development. The correspondence from the public can be found at the following link: https://southfrontenac.civicweb.net/filepro/documents/100840/ Financial Implications Not applicable. Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following guiding principles of the 2023-2026 Strategic Plan. • •
Priority: Choose an item. Action Item (If Applicable): Insert Text
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Page 64 of 119 Staff Report - Public Meeting for Zoning By-law Amendment Application PL-ZBA-2023-0135, Caivan Properties Holding, 162 Campground Lane
Application and Supporting Documents The application and supporting documents (if any) can be accessed through the Township’s CivicWeb Document Center, https://southfrontenac.civicweb.net/filepro/documents/100840/ Attachments Exhibit A – Draft By-law Approvals Prepared By: Tom Fehr, Planner Submitted By:
Brad Wright, Director of Development Services Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 65 of 119 Township of South Frontenac By-Law Number 2024-XX Page 1 of 3 By-Law Number 2024-XX A By-Law to amend By-law 2003-75, as amended, to rezone land from Rural Recreation Commercial - 25 (RRC-25) and Rural (RU) to Rural Recreation Commercial – 66 (RRC-66) on lands described as 162 Campground Lane, Part 2 Plan 13R18660, Part 9 Plan 13R18972, Part Lots 30 and 31 Concession 9, and Part lot 31 Concession 10, District of Bedford Whereas pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; Whereas By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; Whereas the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; And that there be no further notice pursuant to Section 34 (17) of the Planning Act; Therefore be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- THAT Schedule “D” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural Recreation Commercial - 25 (RRC-25) and Rural (RU) to Rural Recreation Commercial – 66 (RRC-66) for the lands shown on Schedule “1”.
- THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RRC-66 (162 Campground Lane, Part 2 Plan 13R18660, Part 9 Plan 13R18972, Part Lots 30 and 31 Concession 9, and Part lot 31 Concession 10, District of Bedford: Caivan Properties Holding.) immediately after the last Rural Recreation Commercial Special Exception section to read as follows: Notwithstanding the provisions of Section 18 or any other provision of this By-law to the contrary, on the lands zoned Special Recreational Resort Commercial (RRC-66), the following provisions apply: The following uses only are permitted:
Agricultural uses;
Dwelling, Accessory;
Eating Establishment;
Hotel;
Lodge;
Marina;
Page 66 of 119 Township of South Frontenac By-Law Number 2024-XX Page 2 of 3
Marine Facility;
Recreational Use;
Resort;
Tourist Establishment;
Other accessory building and structure to the above uses;
ZONE PROVISIONS Setback from high water mark (minimum):
Tourist cabins in disturbed areas
23 metres
Lodge
45 metres
All other buildings and structures
30 metres
Interior side yard (minimum)
60 metres
Exterior side yard (minimum)
60 metres
Rear yard (minimum)
60 metres
Floor area of 1 bedroom tourist cabins (maximum)
93 square metres
Floor area of 2 bedroom tourist cabins (maximum)
141 square metres
All other provisions of this by-law shall apply. 3. THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Given First and Second Readings: Tuesday, XXXXXX, 2024 Given Third Reading and Passed: Tuesday, XXXXXX, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 67 of 119 Township of South Frontenac By-Law Number 2024-XX Page 3 of 3 Schedule A of By-law 2024-XX
Passed this ___ day of __________, 2024
Ron Vandewal, Mayor
James Thompson, Clerk
Page 68 of 119
To:
Council
From:
Senior Planner
Date of Meeting:
February 6, 2024
Subject:
Public Meeting for Zoning By-law Amendment Application PL-ZBA-20230136, Ashworth and Cochrane, 113 Doris Smith Lane
Report Number:
2024-019
Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0136 for 113 Doris Smith Lane. If approved, the zone on a portion of the property would be changed from Environmental Protection (EP) to a Limited Service Residential – Waterfront Special Provision zone (RLSW-XX). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application through the public meeting. Staff will bring a more detailed report considering applicable policy and public comments, as well as providing a recommendation to Council on this application at a future meeting. Recommendation This report is for information only. Background The subject property is located in the Battersea Settlement Area. It has frontage on the East Basin of Loughborough Lake and is accessed by Doris Smith Lane. The 3.9 hectare property consists of wetland and forest. It is developed with two cottages, two sewage systems, four sheds and a garage. All of the buildings, with the exception of the garage, are setback less than 15 metres from the highwater mark. The purpose of the application is to change the zone on the developed portion of the property from Environmental Protection (EP) to a Limited Service Residential – Waterfront Special Provision zone (RLSW-XX). The effect would be to allow for the property to be redeveloped. It would also enable the Township to issue a building permit for the garage, which was constructed without a building permit by a previous owner. The two cottages and sewage systems as well as three of the sheds would be demolished. A new house, with an approximately 2650 square foot footprint, would be constructed at least 15 metres from the highwater mark of Loughborough Lake. A new sewage system would be installed at least 30 metres from the highwater mark. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-19
Page 69 of 119
Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. The property is not subject to any other applications under the Planning Act. Supporting Documentation
An Environmental Site Evaluation (Ecological Services, November 11, 2023) was submitted in support of the application. The consultant delineated the boundary of the wetland in the developed portion of the property. They concluded that the developed portion of the property has minimal ecological significance but that it is surrounded by significant natural heritage features. The report recommended the implementation of best practices to protect the features. These practices include avoiding building demolition and tree clearing during the sensitive times of year for the critical life processes for species, using appropriate erosion and sediment control measures, and maximizing the distances of the house and sewage system from the lake and wetland. Department and Agency Comments
Cataraqui Conservation reviewed the proposal from the perspective of avoiding natural hazards and from protecting the hydrological function of the wetland. They determined that the proposed house and sewage system would be outside of the erosion and flooding hazards associated with Loughborough Lake. They recommended that a detailed site plan be submitted to demonstrate that the development would maximize the distance to the wetland. They recommended that the wetland should remain in the EP zone, and that only the upland waterfront portion of the property be rezoned RLSW-XX. Finally, they noted that the property is an area regulated under O. Reg. 148/06 and that a permit would be required from the Cataraqui Conservation for any development and site alteration, including upgrades or changes to the existing driveway. Public Comments
One individual has indicated support for the proposal. Financial Implications Not applicable. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Choose an item. Action Item (If Applicable): Insert Text www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-19
Page 70 of 119
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
Application and Supporting Documents The application and supporting documents (if any) can be accessed through the Township’s CivicWeb Document Center, https://southfrontenac.civicweb.net/filepro/documents/90083/ Attachments Exhibit A – Draft By-law Approvals Prepared By: Christine Woods, RPP, MCIP, Senior Planner Submitted By:
Brad Wright, Director of Development Services Approved By:
Lousie Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 71 of 119 Township of South Frontenac By-Law Number 2024-XX Page 1 of 3 By-Law Number 2024-XX A By-Law to amend By-law 2003-75, as amended, to rezone land from Environmental Protection (EP) to Limited Service Residential – Waterfront – Special Provision (RLSW-XX) on lands described as 113 Doris Smith Lane, Part 1, Reference Plan 13R15730, Part Lot 9, Concession 9, District of Storrington Whereas pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; and Whereas By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; and Whereas the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; and Whereas there be no further notice pursuant to Section 34 (17) of the Planning Act; Therefore be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- That Schedule “H” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Environmental Protection (EP) to Limited Service Residential – Waterfront – Special Provision (RLSW-XX) for the lands shown on Schedule “A”.
- That Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RLSW-XX (113 Doris Smith Lane, Part 1, Reference Plan 13R15730, Part Lot 9, Concession 9, District of Storrington) immediately after the last Limited Service Residential – Waterfront – Special Provision section to read as follows: RLSW-XX (113 Doris Smith Lane, Part 1, Reference Plan 13R15730, Part Lot 9, Concession 9, District of Storrington) Notwithstanding the provisions of Section 10 or any other provision of this By-law to the contrary, the lands zoned Special Limited Service Residential – Waterfront (RLSW-XX) shall be used in accordance with the following: •
For the Principal Building o Front Yard (Minimum) 15 Metres (49.2 ft.) o Setback from the high water mark of a waterbody (Minimum) 15 Metres (49.2 ft.)
All other provisions of this by-law shall apply.
- This By-law shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34.
Page 72 of 119 Township of South Frontenac By-Law Number 2024-XX Page 2 of 3 Given First and Second Readings: Click or tap to enter a date. Given Third Reading and Passed: Click or tap to enter a date.
James Thompson, Clerk
Ron Vandewal, Mayor
Page 73 of 119 Township of South Frontenac By-Law Number 2024-XX Page 3 of 3 Schedule A of By-law 2024-XX
Page 74 of 119 Minutes of Council January, 16, 2024
Township of South Frontenac Council Meeting Minutes
Meeting # 02 Time: 7:30 p.m. Location: Council Chambers / Virtual via Zoom Present: Ray Leonard, Doug Morey, Steve Pegrum, Norm Roberts, Randy Ruttan, Ron Sleeth, Scott Trueman (virtual), Mayor Ron Vandewal Staff: Louise Fragnito - Chief Administrative Officer, James Thompson - Clerk, Michelle Hannah - Deputy Clerk, Brad Wright - Director of Development Services, Kyle Bolton Director of Public Services, Troy Dunlop - Manager of Engineering and Capital Projects, Christine Woods - Senior Planner (virtual) 1
Call to Order
a)
Resolution Resolution No. 2024:02:01 Moved by Councillor Ruttan Seconded by Councillor Morey That the Council Meeting of January 16, 2024 be called to order at 7:00 p.m Carried
2 a)
Declaration of pecuniary interest and the general nature thereof There were none declared.
3
Approval of Agenda
a)
Resolution Resolution No. 2024:02:02 Moved by Councillor Pegrum Seconded by Councillor Roberts That the agenda be approved. Carried
4 a)
5 a)
6 a)
7
Scheduled Closed Session There was none. Recess Not applicable. Public Meeting There were none. Delegations
Page 75 of 119 Minutes of Council January, 16, 2024 a)
There were none.
8
Briefings
a)
Laura Carter and Alan Revill from Kingston Frontenac Public Library were present to speak to Council regarding the Library Facilities Plan.
9
Approval of Minutes
a)
That the minutes of the January 9, 2024 Council meeting be approved. Resolution No. 2024:02:03 Moved by Councillor Trueman Seconded by Deputy Mayor Leonard That the minutes of the January 9, 2024 Council meeting be approved. Carried
10
Reports Requiring Action
a)
Options to fill vacancy for office of Councillor – Bedford District Resolution No. 2024:02:04 Moved by Councillor Pegrum Seconded by Councillor Morey That Council fill the vacancy by appointing the Councillor candidate from the 2022 Municipal Election who received the third highest number of votes. Carried
b)
Award of Tender # PS-2023-20 Opinicon Culvert Replacement Resolution No. 2024:02:05 Moved by Councillor Pegrum Seconded by Councillor Sleeth That Council accept the bid from Marathon Underground Constructors Corporation in the amount of $805,757.05 (net of HST credits) for Tender # PS2023-20 Opinicon Road Culvert Replacement; and That Council authorize a project budget increase in the amount of $102,800 which will be fully funded from cost savings on the recently completed Wilmer Road culvert replacement Capital Project 23-44 ($105,000 – Community Building Fund). Carried
c)
Electric Vehicle Charger Grant Applications Resolution No. 2024:02:06 Moved by Councillor Sleeth Seconded by Councillor Morey That Council support ChargeON and ZEVIP grant applications for the installation of electric vehicle chargers; That authorization be given to the Mayor and the Clerk to sign a transfer payment agreement for the funding of any grant applications that are successful; and That Council authorize a budget of $110,000 for this project to be funded from the Climate Action Reserve. Carried
11
Advisory Committee Reports or Minutes
Page 2 of 4
Page 76 of 119 Minutes of Council January, 16, 2024 a)
There were none.
12
Reports Requiring Approval of By-laws
a)
2024 Interim Tax Levy Resolution No. 2024:02:07 Moved by Councillor Trueman Seconded by Councillor Sleeth That By-law 2024-07 being a By-law to establish interim property taxes for 2024, be given first and second reading. Carried Resolution No. 2024:02:08 Moved by Deputy Mayor Leonard Seconded by Councillor Roberts That By-law 2024-07 be given third reading, signed and sealed. Carried
b)
Zoning By-law Amendment Application PL-ZBA-2023-0133, Broome and Malloy, 4839 Noble Lane Resolution No. 2024:02:09 Moved by Councillor Morey Seconded by Councillor Roberts That By-law 2024-08 being a By-law to amend the zoning on lands known at 4839 Noble Lane, Part of Lot 7, Concession 9, District of Storrington, Township of South Frontenac, be given first and second reading. Carried Resolution No. 2024:02:10 Moved by Councillor Ruttan Seconded by Deputy Mayor Leonard That By-law 2024-08 be given third reading, signed and sealed. Carried
13
Reports for Information
a)
Lake Ecosystem Grants – Annual Report This report provided Council with a summary of the projects completed with assistance from the Lake Ecosystem Grant Program.
b)
3rd Quarter 2023 – Building Services Report This report documented the delivery of Building Services within the Development Services Department between July 1, 2023, and September 30, 2023.
c)
3rd Quarter 2023 – Planning Services Report This report documented the delivery of Planning Services within the Development Services Department between July 1, 2023, and September 30, 2023 (3rd Quarter, 2023).
14
Committee of the Whole
a)
15
There was none. Information Items
Page 3 of 4
Page 77 of 119 Minutes of Council January, 16, 2024 a)
16 a)
There were none. Notice of Motions There were none.
17
Rise and Report regarding County Council and External Boards
a)
County Council: Mayor Vandewal shared that the inaugural meeting for the Municipal Services Corporation Committee took place on January 15th, 2024.
18
Announcements/Statements by Councillors
a)
Councillor Leonard thanked Public Services for their snow removal efforts during the recent storm. Mayor Vandewal noted that the Snow Social is upcoming and indicated volunteers are still needed.
19 a)
Closed Session (if requested) There was none.
20
Confirmatory By-law
a)
Resolution Resolution No. 2024:02:11 Moved by Councillor Sleeth Seconded by Councillor Pegrum That By-Law 2024-09, 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. 2024:02:12 Moved by Councillor Trueman Seconded by Councillor Ruttan That By-Law 2024-09 be given third reading, signed and sealed. Carried
21
Adjournment
a)
Resolution Resolution No. 2024:02:13 Moved by Councillor Pegrum Seconded by Councillor Roberts That the Council meeting of January 16, 2024 be adjourned at 7:57 p.m. Carried
Ron Vandewal, Mayor
James Thompson, Clerk
Page 4 of 4
Page 78 of 119
To:
Council
From:
Office of the Clerk
Date of Meeting:
February 6, 2024
Subject:
RC-24-01, Unopened Road Allowance Closure Request
Report Number:
2024-014
Summary The Clerk’s Department has received an application to request the closure, sale and transfer of three unopened road allowances abutting 162 and 304 Campground Lane. This report provides information regarding the lands and the proposal. Recommendation That Council direct staff to commence the process of closing the unopened road allowances identified as PIN 36239-0604, identified on attachment 1 as Road Allowance A, PIN 36239-0606 identified on attachment 1 as Road Allowance Portion B, and PIN 362390619 identified on attachment 1 as Road Allowance Portion C; and That Council direct staff to not proceed with the process of closing the unopened road allowance with PIN 36239-0461 identified on attachment 1 as Road Allowance Portion D. Background The Municipal Act allows Council to consider the stopping up, closing and transferring of lands that are surplus to the needs of the municipality. The Notice By-Law, 2016-73 prescribes the manner in which notice is provided for applications requesting to stop up, close and transfer an unopened road allowance. It has been the general practice of Council to not close and transfer unopened road allowances that lead directly from a public road to a body of water.
Discussion/Analysis Staff have received an application requesting the closing of three separate portions of unopened road allowance lying between Bobs Lake and Burridge Road, a location map showing the road allowances is attachment #1 of this report.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Tow nship of South Frontenac Staff Report Number – 2 0 2 4 -0 1 4
Page 79 of 119
The applicants have also submitted a Zoning By-Law Amendment (File NumberPL-ZBA2023-0135) to the Planning Department with respect to the plans for developing the subject properties. The applicant owns several parcels of land, these are identified as Parts 1, 2, 3 & 4 on Plan 13R22431, attachment #2 to this report. Part 3 on this plan is the only parcel that has public road frontage. Part 2 is accessed over a small right-of-way known as Campground Lane which crosses over 1659 Burridge Road. Part 1 is land locked, as is Part 4. Historically, the Road Allowance between Lots 30 and 31, Concession 9 was closed and added to the abutting lands, this facilitated a merge of lands on the north and south sides of the unopened road allowance to create the entirety of Part 2. Campground Lane is a small right-of-way over 1659 Burridge Road, it then technically turns into a driveway which crosses the Road Allowance between Concessions 9 and 10 and continues over Part 2 Plan 13R22431 to the current development on the site. The applicants have re-configured the entrance of Campground Lane to the north of the current entrance to negate the need to travel over the privately owned property known as 1659 Burridge Road. In reconfiguring the lane, it is believed the new entrance is located just north of where the unopened road allowance meets Burridge Road. The new entrance remains subject to approvals and permits from Public Services. As mentioned previously, Part 2 does not have road frontage. It is the intention of the applicant to close the unopened road allowance between Parts 2 and 3 which would allow these parcels to merge and would facilitate road frontage for these two parcels, this would alleviate the need for a Licence Agreement to be granted by the Township to cross over the unopened road allowance. The unopened road allowance between Concessions 9 and 10 technically leads to Bobs Lake from Burridge Road, however, it is approximately 2 kilometers between the road and the water, and the unopened road allowance ends at the Township of Tay Valley boundary before it ends at the water. The unopened road allowance between Concessions 8 and 9 meets Burridge Road 2.5 kilometers south of where the aforementioned unopened road allowance meets Burridge Road. This unopened road allowance also leads to Bobs Lake. The entirety of this unopened road allowance is within the Township of South Frontenac. It is reflected on Attachment 1 as Road Allowance Portion D. It is for these reasons that it is recommended that this unopened road allowance not be closed, while the recommendation for the road allowance between Concessions 9 and 10 is recommended to be closed and transferred to the applicants, reflected on Attachment 1 as Road Allowance A. The closure and transfer of the unopened road allowance between Concessions 9 and 10 will allow the applicant to merge parts 2 and 3 with the unopened road allowance to create road frontage for this parcel, the closure of this unopened road allowance will also allow the lane over these lands to be travelled in the absence of a Licence Agreement. The closure of the small portion of road allowance between Part 1 and 4 will facilitate the merging of Parts 1 and 4, this piece is not required for development, but the closure and transfer of this land will clean up a small portion of unopened road allowance and will allow www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Tow nship of South Frontenac Staff Report Number – 2 0 2 4 -0 1 4
Page 80 of 119
a very small part 4 to be merged with the larger lands. This portion is reflected on Attachment 1 as Road Allowance portion C The applicants have requested the unopened road allowance between Concessions 8 & 9 be closed to facilitate future development of Part 1. It is recommended that this unopened road allowance not be closed as it leads from a public road to a waterbody, although it is approximately 2.5 kilometres from the road to the waterbody and there are impassable wetlands along the unopened road allowance. It is worth noting that if this unopened road allowance is not closed and transferred, Part 1 will be a land-locked parcel of land that would either be accessed by water only or would require a Licence Agreement to cross the unopened road allowance. A request for a Licence Agreement would not be supported by staff as it is not an existing condition. Staff have an obligation to advise Council that if the request for closing the unopened road allowance between Concessions 8 and 9 is not denied, as per the staff recommendation, Part 1 on Plan 13R22431 could be developed in accordance with the current RRC-25 zoning of the property. Therefore, if Council chooses to forego the staff recommendation and move forward with the closure and transfer of the unopened road allowance, it is recommended that the zoning be amended on Part 1 as these lands were included in the original zoning of the campground lands. Staff will also recommend that a meeting which considers the by-law report that Part 3 and Part 2 merge with the road allowance between Concessions 9 and 10 to ensure orderly development. If Council advises staff to move forward with the closing and transferring of the unopened road allowances, staff will schedule a public meeting and will provide notice as required by the Notice By-law 2016-73. Financial Implications The application fee and deposit have been paid by the applicants. Survey costs will be the responsibility of the applicant. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillar: Choose an item. Action Item (If Applicable): Insert Text
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. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Tow nship of South Frontenac Staff Report Number – 2 0 2 4 -0 1 4
Page 81 of 119
Notice/Consultation Tom Fehr – Planner Troy Dunlop – Manager of Engineering and Capital Projects. Further notice and consultation will take place if Council advises to move forward with the application. Attachments Attachment #1 – Location Map Attachment #2 – Survey 13R22431 Approvals Prepared By: Michelle Hannah, Deputy Clerk Submitted By:
James Thompson, Clerk Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Page 82 of 119
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Page 83 of 119
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Page 84 of 119
To:
Council
From:
Director, Development Services
Date of Meeting:
February 6, 2024
Subject:
Appointment of Deputy Chief Building Officials
Report Number:
2024-015
Summary This report recommends the appointment of Chris Beeg and Ryan Morgan as Deputy Chief Building Officials and repeal By-law 2023-90, a by-law to appoint a Deputy Chief Building Official. Recommendation That By-law 2024-11 being a By-law to appoint Deputy Chief Building Officials be given first and second reading; and That By-law 2024-11 be given third reading, signed and sealed. That By-law 2023-90, a by-law to appoint a Deputy Chief Building Official be repealed. Background As per the Building Code Act 3(2), the Council of each municipality shall appoint a Chief Building Official and such inspectors as are necessary for the administration and enforcement of the Building Code Act in the areas in which the municipality has jurisdiction. Assigning a Deputy CBO allows for continuity of operations in the absence of the CBO. Discussion/Analysis With the assistance of the Human Resources Department, management went through a recruitment process and are pleased that Mr. Chris Beeg and Mr. Ryan Morgan are the successful applicants for the Deputy Chief Building Official position. The re-structuring of the Building Division and appointment of two Deputy Chief Building Officials will assist the department to modernize service delivery, streamline operations, maximize cost-effectiveness, and support and empower staff to innovate municipal service delivery.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Tow nship of South Frontenac Staff Report – Appointment of Deputy Chief Building Officials
Page 85 of 119
Financial Implications There are no financial implications associated with this report. Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative adheres to the following guiding principle of the 2023-2026 Strategic Plan. • •
Priority: Engagement Action Item (If Applicable): Recognizing the importance of staff engagement, succession planning, and attracting top talent to ensure the Township’s ability to provide excellent municipal services to its residents.
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 Manager of Human Resources Chief Building Official Chief Administrative Officer Attachments Exhibit A – By-law 2024-11 Approvals Submitted By:
Brad Wright, Director of Development Services Approved By:
Lousie Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 86 of 119 Township of South Frontenac By-Law Number 2024-11 Page 1 of 1 By-Law Number 2024-11 A By-Law to appoint Deputy Chief Building Officials Whereas Section 3 (1) of the Building Code Act, 1992 S.O. 1992 c. 23, as amended, provides that the Council of each municipality is responsible for the enforcement of the Building Code Act in the municipality; and, Whereas Section 3 (2) of the Building Code Act, 1992 S.O. 1992 c. 23, as amended, requires that the Council of each municipality shall appoint a Chief Building Official and such inspectors as are necessary for the enforcement of this Act in the areas in which the municipality has jurisdiction; Therefore be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- Chris Beeg and Ryan Morgan are hereby appointed as Deputy Chief Building Officials for the Township of South Frontenac.
- Chris Beeg and Ryan Morgan are hereby authorized by the Council to carry out the duties of a Building Inspector as set out in the Building Code Act effective.
- Chris Beeg and Ryan Morgan are hereby authorized by Council to carry out the duties of the Chief Building Official in her absence as set out in the Building Code Act.
- That By-law 2023-90 being a By-law to appoint a Deputy Chief Building Official be repealed by Council.
- All other by-laws, resolutions, or action of Council that are not consistent with or which are contrary to the provisions of this by-law are hereby repealed.
- This by-law shall come into force and take effect on February 6th, 2024. Given First and Second Readings: Tuesday, February 6, 2024 Given Third Reading and Passed: Tuesday, February 6, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 87 of 119
To:
Council
From:
Senior Planner
Date of Meeting:
February 6, 2024
Subject:
Zoning By-law Amendment Application PL-ZBA-2023-0102, SNZ Holdings (Fotenn), 1425 Rutledge Road
Report Number:
2024-016
Summary This report recommends that Council pass a by-law to change the Rural (RU) zone on the subject property to the Rural – Special Provision zone (RU-76-H) to add “Yoga and Holistic Retreat” as a permitted use, and to place a holding symbol on the zone to prohibit this use until such time as there is confirmation of legal deeded access to the subject lands, and a site plan control agreement has been executed and registered on the title of the property to the satisfaction of the Township. Recommendation That By-law 2024-12 being a By-law to amend the zoning on lands known at 1425 Rutledge Road, Part Lots 15 to 17, Concession 4, District of Loughborough, Township of South Frontenac, be given first and second reading; and That By-law 2024-12 be given third reading, signed and sealed. Background The purpose of the application is to add a yoga and holistic retreat as a permitted use in the Rural zone on the subject property. The yoga and holistic retreat would be established within the existing dwelling on the property. The by-law will also place a holding symbol on the lands for this use, to be removed only once there is confirmation of legal deeded access to the subject lands, and a site plan control agreement has been executed and registered on the title of the property to the satisfaction of the Township. The property is not subject to any other applications under the Planning Act. The subject property is approximately 250 acres in area with more than 2,500 metres of frontage on Loughborough Lake. It consists of forest, wetland and fields. The property contains a 475 square metre footprint, two storey dwelling, and a picnic shelter near the lake.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-016
Page 88 of 119
Supporting Documentation
A planning justification report and Building Code letter were submitted in support of the application. Planning Justification Report A Planning Justification Report (Fotenn, July 31, 2023) 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. Building Code Letter A letter (Morrison Hershfield, April 24, 2023) was also submitted that reviewed the proposed change of use from a single family residence to a yoga retreat against the Ontario Building Code. The consultant concluded that the building would comply with the Ontario Building Code, but recommended voluntarily provision of a fire alarm system, and the provision of additional exits. Department and Agency Comments
Public Services had no concerns with the proposal, on the understanding that road access is proposed from an existing entrance location at 1423 Rutledge Road and that the access plans to follow a pre-defined road location on the properties. Building Services determined that the proposed change of use of the building will not reduce the performance level of the existing sewage system (i.e. it is adequately sized). Cataraqui Conservation staff indicated on November 8, 2023, that they had no objection to the application within the context of natural hazard and stormwater management policies, and O. Reg. 148/06 under the Conservation Authorities Act. They noted that CRCA permit approval will be required if upgrades or changes are proposed to the existing access road through the wetlands. Public Comments
There were no written or oral comments from the public on this application. Council was generally supportive of the proposal at the public meeting. Discussion/Analysis The proposed zoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-016
Page 89 of 119
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. Rural Commercial Uses
The subject property is designated Rural in the Township Official Plan. Section 5.7.5 of the Official Plan lists a health spa as a permitted recreational and resort commercial use in the Rural designation. The Zoning By-law defines “health spa” to mean a building or buildings and associated land, facilities and accessory buildings and uses which provide for the physical and emotional treatment of the human body. A yoga and holistic retreat is comparable to a health spa, and therefore is a use contemplated by the Official Plan. The subject property and the proposed use meet the Official Plan policies for developing a rural commercial use. (1) The property is 250 acres in area, which is greater than the minimum 2 acre size required. (2) Adequate off-street parking and loading facilities will be provided. There are 14 guest rooms in the existing building. Therefore, a minimum of 14 parking spaces will be provided. It is noted that there are three designated areas for parking along the driveway near the building which can provide the required number of parking spaces. (3) Adequate buffering is provided between the existing building and Loughborough Lake. The property is in an isolated area with no nearby neighbours. (4) The use will be adequately serviced by a private well and sewage system as discussed below. At-Capacity Lake Trout Lake
The subject property is within 300 metres of the West Basin of Loughborough Lake. This lake is an at-capacity lake trout lake. The PPS requires planning authorities to consider environmental lake capacity, and to restrict development and site alteration in and near sensitive surface water features and sensitive groundwater features such that these features and their related hydrologic functions will be protected, improved or restored. It is our understanding that this policy applies to at-capacity lake trout lakes. The supporting documentation demonstrates that the proposed yoga and holistic retreat use can be supported by the existing private on-site well and sewage system. The existing sewage system is setback a minimum of 30 metres from the highwater mark of the lake. Therefore, it is anticipated that there would be no increase in nutrient loading to the lake over the existing situation. The Ministry of the Environment, Conservation and Parks recommends that this be a consideration for proposals to redevelop properties or to change the use of properties on at-capacity lake trout lakes. Natural Heritage
The subject property is very large with more than 2 kilometres of frontage on Loughborough Lake. It consists of forest, wetland and fields. The property has the potential to provide habitat for numerous species at risk. The applicant proposed to maintain the natural www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-016
Page 90 of 119
heritage of the area as it is beneficial for the business. The property will be subject to site plan control. Therefore, if there is future development proposed, impact on natural heritage would need to be assessed before the agreement could be amended. Proposed By-law
The proposed RU-76-H zone would add a Yoga and Holistic Retreat at a permitted use on the subject property. The use will be defined for the purposes of the zone since it is not otherwise defined in the Zoning By-law. The use may include a variety of services such as a business office, therapeutic massage, yoga practice, health and food counselling and therapy, and sleeping accommodations for patrons. A minimum of one (1) parking space per guest room will be required. The Holding Symbol would prohibit the use of the property as a Yoga and Holistic Retreat until two requirements are met related to access and site plan control. The owner will need to provide confirmation of legal deeded access to the subject property because the subject property does not have frontage on a public road. Access to the property is by an existing laneway over 1423 Rutledge Road (which is owned by the applicant but is a separately conveyable parcel), and over a Township-owned unopened road allowance. The proposed use is a commercial use on a waterfront property. Site plan control will be used to ensure that the proposed use will occur in accordance with Township requirements, and that any future expansion complies with applicable policy. A site plan control agreement must be executed and registered on the title of the property to the satisfaction of the Township. It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject property. Financial Implications Not applicable. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Choose an item. Action Item (If Applicable): Insert Text
Climate Considerations ☒ Not applicable to this report. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-016
Page 91 of 119
☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation Council held a public meeting under the Planning Act on December 19, 2023. Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. Application and Supporting Documents The application and supporting documents (if any) can be accessed through the Township’s CivicWeb Document Center, https://southfrontenac.civicweb.net/filepro/documents/90083/ Attachments Exhibit A – By-law 2024-12 Approvals Prepared By: Christine Woods, RPP, MCIP, Senior Planner Submitted By:
Brad Wright, Director of Development Services Approved By:
Lousie Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 92 of 119 Township of South Frontenac By-Law Number 2024-12 Page 1 of 3 By-Law Number 2024-12 A By-Law to amend By-law 2003-75, as amended, to rezone land from Rural (RU) to Rural – Special Provision (RU-76-H) on lands described as 1425 Rutledge Road, Part Lots 15 to 17, Concession 4, District of Loughborough Whereas pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; and Whereas By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; and Whereas the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; and Whereas there be no further notice pursuant to Section 34 (17) of the Planning Act; Therefore be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- That Schedule “B” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural – Special Provision (RU-76-H) for the lands shown on Schedule “A”.
- That Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RU-76-H (Part of Lots 15 to 17, Concession 4, District of Loughborough) immediately after the last Rural – Special Provision section to read as follows: RU-76-H (Part of Lots 15 to 17, Concession 4, District of Loughborough) Notwithstanding the provisions of Section 7 or any other provision of this By-law to the contrary, the lands zoned Special Rural (RU-76) shall be used in accordance with the following: •
In addition to the Permitted Uses in Section 7.2, the following uses are permitted: o Yoga and Holistic Retreat
•
Definition o “Yoga and Holistic Retreat” shall mean a building or part thereof wherein the business of a yoga and holistic retreat is carried on. Without limiting the generality of this type of use, such services as a business office, therapeutic massage, yoga practice, health and food counselling and therapy, and sleeping accommodations for patrons, may be located therein.
•
Zone Provisions o Off-street Parking Spaces (Minimum)
All other provisions of this by-law shall apply.
1 per guest room
Page 93 of 119 Township of South Frontenac By-Law Number 2024-12 Page 2 of 3 Removal of the Holding (H) Symbol The Holding (H) Symbol shall be removed to permit a yoga and holistic retreat use only once there is confirmation of legal deeded access to the subject lands, and a site plan control agreement has been executed and registered on the title of the property to the satisfaction of the Township. 3. This By-law shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Given First and Second Readings: Tuesday, February 6, 2024 Given Third Reading and Passed: Tuesday, February 6, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 94 of 119 Township of South Frontenac By-Law Number 2024-12 Page 3 of 3 Schedule A of By-law 2024-12
Page 95 of 119
To:
Council
From:
Director, Public Services
Date of Meeting:
February 6, 2024
Subject:
Renewal of Contract - Part IV Enforcement Authority – Clean Water Act
Report Number:
2024-020
Summary The purpose of this report is to seek approval from Council to authorize the passing of a bylaw to appoint Cambium as Risk Management Official and Risk Management Inspector for an additional 3-year term under the Clean Water Act, 2006. Recommendation That By-law 2024-13 being a By-law to appoint a Risk Management Official and Risk Management Inspector for the Township of South Frontenac pursuant to the Clean Water Act, 2006, be given first and second reading; and That By-law 2024-13 be given third reading, signed, and sealed. Background In 2006, the Clean Water Act was passed which set forward a series of regulations aimed at the protection of municipal sources of drinking water across the Province of Ontario. Locally, the Cataraqui Source Protection Plan was developed in 2014 to identify sources of municipal drinking water, determine vulnerabilities to contamination, and to inventory activities that could put the source at risk. This plan also identified the regional areas of sensitive groundwater (e.g., highly vulnerable aquifers). Twelve municipal drinking water systems within the Cararaqui Source Protection Area are currently regulated under this plan. The Township of South Frontenac has been an active participant in the preparation and updates to the Cataraqui Source Protection Plan and its policies to address “significant drinking water threats” as defined under the Clean Water Act, 2006, including the management or prohibition of certain land use activities. These policies include notice that a Risk Management Official (RMO) / Risk Management Inspector (RMI) approval are required prior to the approval of planning and building applications located in a vulnerable source water area. A fact sheet has been included as Exhibit A to provide further details on these legislated roles.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-2020
Page 96 of 119
Under Part IV of the Clean Water Act, 2006, any single, upper, or lower tier municipality that has authority to pass by-laws under the Municipal Act for the production, treatment and storage of water is the enforcement authority. As such, the Township must appoint a trained and duly qualified risk management official and inspector to implement and enforce the policies included in the source protection plan. The Township of South Frontenac has previously entered into agreements with Cambium for the provision of risk management official services from 2018 to 2020, and again from 2021 to 2023. The second agreement subsequently expired on December 31, 2023. Discussion/Analysis Under the legislative framework of the Clean Water Act, 2006, the Township must provide the services of an appropriately trained Risk Management Official and Risk Management Inspector. When considering this appointment, the municipality has the option to provide these services internally or to contract the services externally. Many smaller municipalities will often contract these services due to the considerations of pre-requisite training requirements and the professional experience in water resources needed to effectively perform the role. It should also be noted that the liability and risk associated with the delivery of these services is otherwise assumed by the consultant and addressed under their insurance coverage. Cambium (Kingston/Peterborough) has provided RMO/RMI services to South Frontenac since 2018 and has also provided services to three other municipalities within the source water protection area. Their firm has access to trained staff with extensive experience in resource protection. The company also has thorough knowledge of the Clean Water Act and the details of the local Cataraqui Source Protection Plan. Cambium has provided a high level of service under the previous contracts and the arrangements with other municipal clients have also allowed for cost savings in expenses relating to travel, fieldwork, promotion and education and participation in the local source water municipal groups. A copy of the Risk Management Services proposal has been attached as Exhibit A reflecting the period of 2024 to 2026. Staff are currently recommending that the contract with Cambium be extended for an additional three-year period expiring on December 31st, 2026. Financial Implications The municipality has seen limited development activity within our local source water protection zones and as such, the requirement for Risk Management Official and Risk Management Inspector services has historically been limited. Cambium continues to provide ongoing support on source water requirements such as: public education activities, field inspections, threat verifications, participation with source protection committees and annual reporting. Table 1 provided below outlines the actual expenses incurred as part of the program over the previous three years of the contract:
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-2020
Page 97 of 119
Table 1 – Historical Costs – RMO/RMI Services 2021 to 2023 Year 2021 2022 2023
Actual Costs (Excluding HST)
Total
$2,675 $1,250 $6,530 $10,455
Cambium’s proposal attached as Exhibit B includes a forecast of costs totalling $13,770 plus HST for the services provided over the next three years. These forecasted costs are very consistent with the historical level of service for the role. These funds are otherwise accounted for in the operating budget for the drinking water system. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Choose an item. Action Item (If Applicable): Insert Text
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 Senior Planner Attachments Exhibit A - Conservation Ontario Fact Sheet - Risk Management Official and Inspectors Exhibit B - Cambium Risk Management Services Proposal – December 6, 2023 Exhibit C - By-law 2024 - 13 – Appointment of Risk Management Official and Risk Management Inspector
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-2020
Approvals Prepared By: W. Troy Dunlop, C.E.T., Manager of Engineering and Capital Projects Submitted By:
Kyle Bolton, C.E.T., Director of Public Services Approved By:
Lousie Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 98 of 119
Risk Management Officials and Inspectors
Page 99 of 119
Regulation of Drinking Water Threats under Clean Water Act Part IV What is the Clean Water Act? Water is critical to all aspects of our lives and it is important that we ensure there is a safe and reliable source of water for all our uses - now and in the future. The Clean Water Act, 2006 is part of the Ontario government’s commitment to ensure the sustainability of clean, safe drinking water for all Ontarians. The purpose of the Ontario Clean Water Act is to protect sources of municipal drinking water including lakes, rivers and well water. A few First Nations drinking water systems have also been included in the source protection planning process. Under the Clean Water Act, local Source Protection Plans (SPPs) have been developed by 19 multi-stakeholder Source Protection Committees. These local Plans contain policies to protect municipal sources of drinking water. While SPPs are being approved for implementation across the province, owners of residential, farm, business, or institutional properties will become aware that certain properties located within vulnerable areas, are subject to local SPP policies that regulate or prohibit activities identified as significant drinking water threats.
The purpose of the Ontario Clean Water Act is to protect sources of municipal drinking water including lakes, rivers and well water.
What is Part IV of the Clean Water Act? Some of the local SPP policies may follow Part IV of the Clean Water Act (Sections 47-81) thereby prohibiting some activities, or requiring Risk Management Plans (RMPs) to manage some activities in vulnerable areas delineated around drinking water sources. Part IV also establishes a process that will help notify a municipality of new or expanding activities. Where Clean Water Act Part IV policies apply, the property owner will be interacting with the local Risk Management Official (RMO) and sometimes also with the Risk Management Inspector (RMI).
Photo Credit: Ausable Bayfield Conservation Authority
1
Page 100 of 119
Who are Risk Management Officials and Inspectors? RMOs and RMIs are appointed by the municipality that is responsible for implementing local SPP Part IV policies. The municipality may chose to delegate this authority to another body, such as a Conservation Authority. An individual can only become an RMO or RMI upon successful completion of a mandatory training course approved by the Ministry of the Environment and Climate Change. Photo Credit: Quinte Conservation
What are the roles and responsibilities of Risk Management Officials and Inspectors? RMOs and RMIs have authority to implement SPP Part IV policies for the municipality they work in. The main roles and responsibilities of RMOs and RMIs are described below.
has the authority to issues Orders and may ‘cause things to be done’ if the person who is ordered to do a thing (towards addressing a significant threat activity) has refused to comply.
The RMO is primarily responsible for the negotiation and establishment of legally-binding Risk Management Plans (RMPs) with persons engaged in (or who propose to engage in) activities identified as significant threat activities. Also, new development applications, planning or building permits may be flagged at a municipality per ‘Section 59’ Part IV policies of the local SPP. The flagged application or permit must then be reviewed by the local RMO before it can be submitted to the municipality. This allows for the RMO to determine if proposed activities are subject to prohibition or require RMP per the policies in the local SPP. The RMO issues related Notices under Part IV of the Clean Water Act. The RMO also
The RMI conducts inspections through site visits to ensure compliance with Part IV policies (i.e. prohibitions and risk management plans). During a site visit, the RMI can take samples, excavate, take measurements, run tests, record and copy documents, etc. The RMI issues Enforcement Orders where compliance with the policies is not met. If a person commits an offense under Part IV of the Clean Water Act, the RMI can prosecute that person. The RMI reports to and prepares an annual report to the RMO. Every year, RMOs must submit to the local Source Protection Authority, an annual report documenting the actions taken to address significant threat activities.
2
Page 101 of 119
What are landowner/renter rights and responsibilities? A person “engaged in (or proposing to engage in) activities identified as significant drinking water threats” could be a landowner or a renter. This person may be required to implement a site-specific Risk Management Plan (RMP). The RMP states the actions that must be taken to manage risks associated with an activity, so that the activity is no longer, or does not become, a significant drinking water threat. In most cases the RMP will be negotiated between the local RMO and the person, forming a legally-binding public document that constitutes an agreement on the risk management actions that will be taken. Where an RMP has been established by order by an RMO, the person subject to the order has the right to request a hearing with the Environmental Review Tribunal (ERT) to appeal the order. If a hearing is requested, the ERT will decide if the order should be upheld. There is also a process for a person to request a hearing to the ERT should there be disagreement over a particular action required in a RMP. The Clean Water Act provides opportunities for persons to be potentially relieved of the obligations of one or more Part IV policies, i.e. prohibition or RMP, if certain circumstances or requirements are met. These could include consideration of an existing legal instrument (for example a Nutrient Management Plan under the Nutrient Management Act), moving the threat activity outside vulnerable areas, or changing chemicals used, such that the activity does not become a significant threat. The local RMO can be contacted to discuss and review circumstances that are specific to the property.
Notes:
3
Page 102 of 119
Resources •
ntario Ministry of the Environment and Climate Change O www.ontario.ca/page/source-protection
•
ntario Ministry of Agriculture, Food and Rural affairs O www.omafra.gov.on.ca/english/environment/water_swp.htm
•
nvironmental Review Tribunal E www.ert.gov.on.ca/files/Guides/Guide_CWA_Nov_15_07.pdf
•
ity of Barrie - Source Water Protection C www.barrie.ca/Living/Environment/Pages/SourceWaterProtection.aspx
•
uinte Region Source Protection Region Q www.quintesourcewater.ca
•
ississippi Rideau Source Protection Region M www.mrsourcewater.ca
For more information contact your local Source Protection Region or Area:
120 Bayview Parkway Newmarket, ON L3Y 3W3 Tel.: 905.895.0716 Fax: 905.895.0751 info@conservationontario.ca
conservationontario.ca
For more information on the Source Water Protection Program, please visit the Ministry of the Environment and Climate Change at: www.ontario.ca/page/source-protection
March 2016
With support provided by
Page 103 of 119 December 6, 2023 Township of South Frontenac 4432 George St. Box 100 Sydenham, ON, K0H 2T0
Environmental
Attn:
Troy Dunlop Manager of Engineering and Capital Projects
Re:
Risk Management Services Cambium Reference: 19386-P
Geotechnical Building Sciences Construction Quality Verification
Telephone (866) 217.7900 (705) 742.7900 Website cambium-inc.com Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa
Laboratory Peterborough
Dear Troy, Cambium Inc. (Cambium) is pleased to provide Township of South Frontenac with a proposal to provide Risk Management Services related to Source Water Protection. The requirements included in the scope of work are specific to meet the requirements of the Risk Management Office outlined in the Policy Requirements of the Cataraqui Source Protection Plan. Additionally, the Risk Management Official (RMO) is required to submit an annual report summarizing the status of Risk Management Plans.
Scope of Work The scope of work is broken down as follows:
Section 36 SPP Support In 2024, the Cataraqui Source Protection Authority will be completing consultation and submission of the draft SPP Section 36 amendments resulting from the 2021 Directors Technical Rules. Cambium has been involved in the process through 2023, reviewing proposed policies and implementation considerations as requested by the Cataraqui SPA. It is expected that these requirements will continue in 2024, including reviewing any proposed revisions to policies, and support for notification to affected landowners. Cambium has included budget to review and comment on one additional set of policy revisions.
RMO Meetings In addition to the above, Cambium will continue to liaise with Regional and Provincial RMO groups, attend training and workshops. Cambium will provide the municipality with updates as required. For the purposes of budgeting, Cambium has provided herein a cost to attend two meetings annually. It is anticipated that additional meetings will be scheduled, however Cambium intends to divide the costs of attendance between the Municipalities Cambium represents in the Cataraqui SPA. If additional costs for meeting attendance are required, this will be communicated in advance.
Maintain Threats Database and Complete RMO Annual Report Cambium will complete existing Annual Reporting Templates already created for RMO/RMI reporting requirements and ensure integration of the template with the data management system for this project. The Act contains the specifics of what is required through Annual Reporting, with additional details specified within Cataraqui SPP. As required by Section 65 of Ontario Regulation 287/07 (General), Cambium will complete
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Page 104 of 119 December 6, 2023 the Annual Report for each calendar year of this contract and submit the report to the municipality for review two weeks prior to the annual deadline. Cambium will complete edits as required and submit the Annual Report to the Cataraqui Source Protection Authority prior to the annual deadline, with any corresponding supplemental information.
Environmental Geotechnical Building Sciences Construction Quality Verification
Telephone (866) 217.7900 (705) 742.7900 Website cambium-inc.com Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa
Laboratory Peterborough
In 2025, the annual reporting template is expected to change and be prepared through an online platform. Cambium anticipates slightly more time will be required to account for changes in the reporting process and has prepared the quote accordingly for the years 2025 and 2026. Establish new required RMPs in the Sydenham IPZ Cambium will negotiate with new landowners and those affected by provincial policy changes to verify the presence of a SDWT on their property. Following the verification of a threat activity in an area where a RMP applies, Cambium will provide the landowner or person undertaking the activity a notice indicating that a RMP is required. Cambium will use the appropriate municipally approved supporting administrative documents to provide the notification. The notice will provide a date by which the RMP will be submitted to the RMO. The RMO may choose to extend the date, prepare a RMP under order, or agree on a RMP with the person engaged in the activity. The RMO may also exempt the activity if it is managed under a prescribed instrument in accordance with Section (61) O.Reg.287/07. The RMP will ultimately demonstrate that the activity, if undertaken in accordance with the RMP, does not constitute a SDWT. The RMO may require the use of a qualified person and may rely on the statement of the qualified person to indicate that if the SDWT activity is undertaken in accordance with the RMP, it no longer constitutes a SDWT. In order to ensure any established RMP has effectively addressed a SDWT, Cambium will remain in contact with the landowner to ensure any records of actions on the property of interest are reported to the Risk Management Inspector (RMI) upon request. Based on information received through this continued contact, the RMI may also perform follow-up property inspections to ensure the landowner adheres to all Risk Management Measures agreed upon in the RMP. Given that the enumeration of SDWTs may be altered throughout the duration of the project due to land use or property ownership changes in a vulnerable area, the inventory of SDWTs will be updated to reflect the current status of SDWTs. The enumeration of SDWTs in the municipality may also be changed following updates or amendments to provincial legislation, including the Director’s Technical Rules and the Provincial Tables of Circumstances provided by MECP, whereby the circumstances of each identified threat activity may require further verification. In this case, Cambium will summarize changes in the legislation for the municipality prior to verifying and updating the threats inventory according to the new changes (costs for these updates will be provided separately). Cambium also proposes to contact landowners with specific threat activities annually, as outlined by the municipality, to determine if a RMP is required on their properties. This contact will either be over the phone, through direct mail-outs to affected landowners, or in person in order to maintain records of the current enumeration status of specific threat categories. Following this contact, all records of correspondence will be documented electronically, and the threats inventory will be updated accordingly. Cambium will remain in frequent contact with the municipality following any changes in the number of RMPs required in the associated vulnerable area and to inform the municipality of changes in the enumeration of SDWTs following annual contact with landowners. 19386-P
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Page 105 of 119 December 6, 2023 Cambium anticipates one RMPs will need to be established in 2024. Costs to establish any additional RMPs will be priced on an as needed basis.
Additional Provisional Tasks: Cambium has identified these tasks as provisional as they are not often required and would be quoted on a case-by-case basis. These would be in addition to the SOW identified. Environmental Geotechnical Building Sciences Construction Quality Verification
Telephone (866) 217.7900 (705) 742.7900 Website cambium-inc.com Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa
Laboratory Peterborough
Development Application Reviews (as required): Section 59 (Restricted land uses) is a process for catching or flagging activities before they are established so they do not become a significant drinking water threat. The process is triggered by development applications (under the Planning Act) and building permit applications. Restricted land uses are applied to areas where SDWTs are possible and where Section 57 (Prohibited activities) or Section 58 (Regulated activities) policies apply. As part Cambium’s prior services and program development, Cambium’s RMO has outlined the requirements for development reviews. Cambium’s RMO may verify the planning and building staff are still aware of these policy requirements, and how to determine where and when a SDWT could be related to a development or building application. The training will also share any related information on upcoming changes to Section 36 SPP amendments. As required, Cambium will review development applications. Section 57 (Prohibited activities) applies, Cambium will provide a summary of the proposed activity and a clear evaluation of how the activity and the property meet the intent of the Section 57 prohibition. Should the director release rules pertaining to Section 60 [Risk Assessment], the applicant may request an issuance of notice under Section 59(2) requesting a risk assessment. Cambium will review the request and initiate the process or deny the request with clear justification for the decision. If Section 58 (Regulated activities) applies, the RMO will negotiate a RMP with the proponent. Once successfully negotiated, the RMO will issue a notice under section 59(2) to the proponent and copy the municipality before the proponent can proceed with the application. All records of issued noticed and orders will be filed electronically with unique identifiers and provided to the municipality. Reviewing development applications will be priced on an as needed basis. One existing development review is underway and will be complete in 2023. No other known development reviews are required at the time of this proposal. On-site Inspections In 2024 Cambium proposes to complete onsite inspection of the area to confirm no prohibited activities have been established and threats have been identified. A summary of findings will be provided, and the threats database updated accordingly. This verification will be conducted along with establishing the anticipated required RMP.
Manage Existing RMPs The SPP provides a list of SDWTs that are related to activities for which a RMP is required to mitigate the significance of the threat. Section 58 provides the administrative
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Page 106 of 119 December 6, 2023
Environmental Geotechnical Building Sciences Construction Quality Verification
Telephone (866) 217.7900 (705) 742.7900
process by which an RMP is to be negotiated including notification and standards of acceptance. The number of properties with an identified SDWT for each municipality is likely to change based on threats verification following land use activity changes, new development, and amendments to provincial legislation. Therefore, the number of existing RMPs in each municipality is likely to change throughout the duration of the project. As new RMPs are determined to be required following the threats verification process, the affected landowners will be contacted by the RMO to initiate a property inspection by prioritizing land use activities that pose the highest level of risk. Requirements to inspect and update RMPs will be priced on an as needed basis. There are currently no RMPs in the Township.
Project Team In our execution of this work, we will draw on the efforts of four (4) team members, as required, whose background and collective experience is outlined in the following sections. The table below highlights our project team members along with their current position and their role in this project.
Team Member
Current Position
Project Role / Focus Areas
Heather Dzurko
Senior Project Manager –
Project Manager, Policy Review (RMO/RMI)
Morgan Marrott Senior Administrative Assistant
Development Reviews and Annual Reporting (RMO/RMI)
P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3
Janet Ferguson
Environmental Technologist
RMP Implementation and Inspections (RMO/RMI)
Locations
Maren Catt
Technician (Kingston Office)
Peterborough Kingston Barrie Oshawa
Inspections and Education/ Outreach (RMI)
Kevin Warner
Manager (Hydrogeologist)
Group Manager, back up PM
Website cambium-inc.com Mailing Address
RMO – Risk Management Official Laboratory Peterborough
RMI – Risk Management Inspector
Heather Dzurko will act as the Project Manager and liaison between the Township and RMO. Ms. Dzurko manages and conducts Cambium’s projects related to source water protection and planning since 2020. Ms. Dzurko is RMO/RMI for several municipalities in multiple source protection areas and is responsible for overseeing the completion of annual reports, development reviews, threat verifications, RMP negotiation, and policy development.
Estimated Cost The Estimated Cost is based on the identified scope of work and is exclusive of taxes and external fees, unless otherwise indicated. Schedules of Professional Services and Disbursement costs. Professional services costs include professional fees, consumables, communication, and printing. Although costs may vary between parts of the work program, the Estimated Cost for the items quoted will not be exceeded without Client authorization. The costs presented in this proposal are effective December 6, 2023 and will be honoured for 60 days.
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Page 107 of 119 December 6, 2023
Environmental
Table 1
Professional Services Schedule of Costs
Service
2024
2025
2026
1 Section 36 Support
$1,300
$0
$0
2 RMO Meetings
$1,520
$1,670
$1,840
3 Annual Report
$1,200
$1,530
$1,685
4 New RMP
$2,970
Total Estimated Cost (excludes HST)
Geotechnical Building Sciences Construction Quality Verification
Telephone (866) 217.7900 (705) 742.7900 Website cambium-inc.com Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa
$7,045
$0 $3,200
$3,525
Cambium recommends budgeting $2,000 to address provisional items as they may arise.
Summary of Assumptions Please note that this proposal, the work program, and report (if awarded the assignment) are governed by the attached Qualifications and Limitations. It is possible that unforeseen or unknown conditions or occurrences will be encountered, which could alter the services described above. If this occurs, Cambium will promptly notify and consult with the proponent, but will act based on Cambium’s sole judgement where risk to Cambium personnel is involved.
Closing Cambium trusts that this proposal meets with your expectations, and we look forward to working with you. Cambium will begin work on the project following receipt of a signed copy of the attached General Terms of Client Engagement, a completed Client Project Information Form, and payment of the retainer. If you have any questions or require clarification of any aspect of this submission, please do not hesitate to contact the undersigned at (705) 312-3867. Best regards,
Laboratory Peterborough
Cambium Inc.
Heather Dzurko, M.Sc. Senior Project Manager HD/kw Encl.
General Terms of Client Engagement Financial Terms of Engagement Statement of Qualifications and Limitations Contact Details Form
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General Terms of Client Engagement We thank you for the opportunity to provide service to you and your business. It is Cambium’s policy that our customers review and sign the General Terms of Client Engagement when accepting our services. Please review this document, which sets out our terms of engagement, to ensure you understand the scope of our business relationship and expectations. We feel this is a prudent exercise to make certain we have the resources necessary to maintain healthy working relationships with our service providers and suppliers; a critical component of Cambium’s prompt delivery of service to clients such as you.
Purpose and Scope Cambium is to provide Township of South Frontenac with the scope of service described in the proposal Risk Management Services dated 12/6/2023 and submitted to Troy Dunlop. Subject to any written agreement to the contrary, the scope is limited to the services described therein. Responsibilities Clients are to arrange for reasonable access by Cambium to the subject site(s), relevant individuals, and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us. It is possible that unforeseen or unknown conditions or occurrences may be encountered at a site, which could alter the timing of the delivery of services. If this occurs, Cambium Inc. will promptly consult with Township of South Frontenac for a satisfactory resolution but will act on the sole judgement of Cambium where risk to study team personnel is identified. Confidentiality In conducting our scope of service, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. We will not disclose that information to other parties except as required or allowed for by law or with your express consent.
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Financial Terms of Engagement Estimated Pricing Unless otherwise stated in writing, any estimates that we provide to you of our anticipated fees, disbursements, and charges for any services are only indicative of the amounts you can expect to be charged. Estimates are not quotes and are not binding on us.
Professional Services Fees The fee arrangement is based on the expected effort and the skill level of staff required within the presumed circumstances to complete the agreed scope of services. Where we have provided quotations for specific services within a proposal, the proposal will offer adequate detail of scope and schedule. In the event that circumstances of the services to be provided materially change from the original proposal, a revised quotation between the two parties will be agreed before any further work is undertaken.
Payment Please refer to ‘How to Make Payments to Cambium’ in the attached Client Project Information Form. The terms of payment are strictly 30 days from the invoice date. Overdue accounts (outstanding greater than 30 days) will incur a financing service fee of 1.5% per month. When Cambium is acting as a sub-consultant, the Client will honour our direct engagement and not convey any delays of payment experienced by the Client. Should you not possess the current funds and/or are subject to a draw schedule that will impair your ability to meet your financial obligations with Cambium, we trust you will make the necessary arrangements to secure access to the appropriate funds independently. Cambium reserves the right, without penalty, to discontinue services in the event of non-payment that exceeds a reasonable limit of credit that we are able to extend to you.
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Acceptance of Obligations and Terms of Service This engagement will start upon acceptance of the terms and obligations by Township of South Frontenac as noted by execution of this letter. Alternately, in cases where the Client has issued a Purchase Order Number, Cambium will consider this an acceptance of the terms of our engagement as per the proposal scope of services and estimate of fees. Where time is of the essence, Cambium staff may begin service by special request of the Client and/or the presence of Cambium staff at the project site. However, until this letter is executed, or a Purchase Order Number is issued, Cambium reserves the right to discontinue service. Please confer with me immediately to clarify or discuss any aspect of the terms of this engagement. If the terms are acceptable, please sign this Engagement Letter and forward it to me as evidence of your acceptance of the terms of our engagement. We also ask that you also send a completed Client Project Information Form at the same time to ensure our contact information for this specific project is accurate and complete. We, Township of South Frontenac agree to all of the terms and conditions as noted in this letter. Risk Management Services
Project Name
[Category]
Cambium Reference Authorized Signature of Township of South Frontenac Printed Name Position Date
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Statement of Qualifications & Limitations Limited Warranty In performing work on behalf of a client, Cambium relies on its client to provide instructions on the scope of its retainer and, on that basis, Cambium determines the precise nature of the work to be performed. Cambium undertakes all work in accordance with applicable accepted industry practices and standards. Unless required under local laws, other than as expressly stated herein, no other warranties or conditions, either expressed or implied, are made regarding the services, work or reports provided. Reliance on Materials and Information The findings and results presented in reports prepared by Cambium are based on the materials and information provided by the client to Cambium and on the facts, conditions and circumstances encountered by Cambium during the performance of the work requested by the client. In formulating its findings and results into a report, Cambium assumes that the information and materials provided by the client or obtained by Cambium from the client or otherwise are factual, accurate and represent a true depiction of the circumstances that exist. Cambium relies on its client to inform Cambium if there are changes to any such information and materials. Cambium does not review, analyze, or attempt to verify the accuracy or completeness of the information or materials provided, or circumstances encountered, other than in accordance with applicable accepted industry practice. Cambium will not be responsible for matters arising from incomplete, incorrect, or misleading information or from facts or circumstances that are not fully disclosed to or that are concealed from Cambium during the provision of services, work, or reports. Facts, conditions, information, and circumstances may vary with time and locations and Cambium’s work is based on a review of such matters as they existed at the particular time and location indicated in its reports. No assurance is made by Cambium that the facts, conditions, information, circumstances, or any underlying assumptions made by Cambium in connection with the work performed will not change after the work is completed and a report is submitted. If any such changes occur or additional information is obtained, Cambium should be advised and requested to consider if the changes or additional information affect its findings or results. When preparing reports, Cambium considers applicable legislation, regulations, governmental guidelines, and policies to the extent they are within its knowledge, but Cambium is not qualified to advise with respect to legal matters. The presentation of information regarding applicable legislation, regulations, governmental guidelines, and policies is for information only and is not intended to and should not be interpreted as constituting a legal opinion concerning the work completed or conditions outlined in a report. All legal matters should be reviewed and considered by an appropriately qualified legal practitioner. Site Assessments A site assessment is created using data and information collected during the investigation of a site and based on conditions encountered at the time and particular locations at which fieldwork is conducted. The information, sample results and data collected represent the conditions only at the specific times at which and at those specific locations from which the information, samples and data were obtained and the information, sample results and data may vary at other locations and times. To the extent that Cambium’s work or report considers any locations or times other than those from which information, sample results and data was specifically received, the work or report is based on a reasonable extrapolation from such information, sample results and data but the actual conditions encountered may vary from those extrapolations. Only conditions at the site and locations chosen for study by the client are evaluated; no adjacent or other properties are evaluated unless specifically requested by the client. Any physical or other aspects of the site chosen for study by the client, or any other matter not specifically addressed in a report prepared by Cambium, are beyond the scope of the work performed by Cambium and such matters have not been investigated or addressed. Reliance Cambium’s services, work and reports may be relied on by the client and its corporate directors and officers, employees, and professional advisors. Cambium is not responsible for the use of its work or reports by any other party, or for the reliance on, or for any decision which is made by any party using the services or work performed by or a report prepared by Cambium without Cambium’s express written consent. Any party that relies on services or work performed by Cambium or a report prepared by Cambium without Cambium’s express written consent, does so at its own risk. No report of Cambium may be disclosed or referred to in any public document without Cambium’s express prior written consent. Cambium specifically disclaims any liability or responsibility to any such party for any loss, damage, expense, fine, penalty or other such thing which may arise or result from the use of any information, recommendation or other matter arising from the services, work or reports provided by Cambium. Limitation of Liability Potential liability to the client arising out of the report is limited to the amount of Cambium’s professional liability insurance coverage. Cambium shall only be liable for direct damages to the extent caused by Cambium’s negligence and/or breach of contract. Cambium shall not be liable for consequential damages. Personal Liability The client expressly agrees that Cambium employees shall have no personal liability to the client with respect to a claim, whether in contract, tort and/or other cause of action in law. Furthermore, the client agrees that it will bring no proceedings nor take any action in any court of law against Cambium employees in their personal capacity.
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CONTACT DETAILS FORM Primary Client Project Contact
Cambium Reference: [Category]
Company: Contact:
Title:
Phone:
Fax:
Email:
Physical Address:
Mailing Address: Same as Physical
Street:
Street:
City:
City:
Province/State:
Province/State:
PC/ZIP:
PC/ZIP:
Country:
Country:
Billing / Payment Client Project Contact Same as Primary
P.O. Number:
Company: Contact Name:
Title:
Phone:
Fax:
Email:
Physical Address:
Mailing Address: Same as Physical
Street:
Street:
City:
City:
Province/State:
Province/State:
PC/ZIP:
PC/ZIP:
Country:
Country:
Please copy the Primary Contact on all billing correspondence.
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Project Reporting Distribution List In addition to Primary Contact, the following people should be copied on reporting: Name:
Email:
Name:
Email:
Name:
Email:
Name:
Email:
Name:
Email:
Cambium Senior Management Contact Information In addition to your Cambium Project Lead, should you ever feel the need to speak with any senior staff, below they may be reached as follows: Phone: 866.217.7900
Email Format: firstname.lastname@cambium-inc.com
Name
Title
Extension
John Desbiens
President/CEO
john.desbiens
202
Jim Bailey
Vice President, External Operations
jim.bailey
201
Ron Savoy
Vice President, Business Administration
ron.savoy
242
Dave Bucholtz
Director - Environmental
david.bucholtz
208
Stu Baird
Director - Geotechnical & CT&I
stuart.baird
332
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How to Make Payments to Cambium Retainer and invoice payments to Cambium can be made by cheque, credit card, email transfer, or wire transfer.
Cheque Please make the cheque payable to “Cambium Inc.” and send to our Main Office in Peterborough: Postal Delivery:
Courier or Hand Delivery:
PO Box 325, Peterborough, ON K9J 6Z3
194 Sophia St, Peterborough, ON K9H 1E5
Credit Card When paying by credit card either in person or over the phone, please ask to speak with Accounts Receivable.
Note that for your protection, we do not retain client credit card information on file.
Email Transfer Transfers of funds via email from your banking platform sent to ar@cambium-inc.com. Please include the project # in the notes/message upon sending.
Wire Transfer Payments sent by wire transfer (also known as Electronic Funds Transfer or EFT) should be sent to our RBC Royal Bank receiving account using the following information. Please include the proposal number (19386P) in the Message section of the ETF.
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2024-13
A BY-LAW TO APPOINT A RISK MANAGEMENT OFFICIAL AND RISK MANAGEMENT INSPECTOR FOR THE TOWNSHIP OF SOUTH FRONTENAC PURSUANT TO THE CLEAN WATER ACT. WHEREAS under the Clean Water Act, 2006, the Council of a municipality that is responsible for enforcement of Part IV, the Regulation of Drinking Water Threats, under the Act shall appoint risk management officials and such risk management inspectors as are necessary for that purpose; AND WHEREAS Cambium Consulting & Engineering, who undertakes the Risk Management Official duties for the Township of South Frontenac under the Clean Water Act, has proposed that Heather Dzurko, Morgon Marrott and Janet Ferguson serve as the Township’s Risk Management Official and Risk Management Inspector; AND WHEREAS Cambium Consulting & Engineering has proposed that Maren Catt serve as the Township’s Risk Management Inspector. NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
That Heather Dzurko be appointed as a Risk Management Official and a Risk Management Inspector for the Township of South Frontenac under Section 47 (6) of the Clean Water Act, 2006;
That Morgan Marrott be appointed as a Risk Management Official and a Risk Management Inspector for the Township of South Frontenac under Section 47 (6) of the Clean Water Act, 2006;
That Janet Ferguson be appointed as a Risk Management Official and a Risk Management Inspector for the Township of South Frontenac under Section 47 (6) of the Clean Water Act, 2006;
That Maren Catt be appointed as a Risk Management Inspector for the Township of South Frontenac under Section 47 (6) of the Clean Water Act, 2006;
That the above-named persons shall perform such duties as are required under the Clean Water Act, or any statute for the period of 2024 to 2026;
That this by-law shall come into force on the day of its passing;
That all previous bylaws appointing Risk Management Officials and Risk Management Inspectors under the Clean Water Act, 2006 are hereby repealed.
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Dated at the Township of South Frontenac this 6th day of February, 2024. Read a first and second time this 6th day of February, 2024. Read a third time and finally passed this 6th day of February, 2024.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
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January 19, 2024 Dear Resident/Stakeholder Cataraqui Conservation is in the process of updating flood hazard mapping for the Lake Ontario / St. Lawrence River shoreline from Napanee to Brockville, including the lower Great Cataraqui River below Kingston Mills. The updated mapping will be used to guide the review of development applications for Ontario Regulation 148/06, Development, Interference with Wetlands and Alteration to Shorelines and Watercourses regulation administered within the Cataraqui Region watershed under Section 28 of the Conservation Authorities Act, 1990 (as amended). The updated mapping may also be used by partner municipalities when updating Official Plan and Zoning By-law schedules and in the review of development applications under the Planning Act. The map below indicates the project area where the mapping was updated.
Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca
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Cataraqui Conservation and the project consultant, Zuzek Inc., will jointly host a walk-in public open house and a virtual open house to present the hazard mapping and get your feedback as follows: Lake Ontario / St. Lawrence River Flood Hazard Mapping Update Walk-in Open House Little Cataraqui Creek Conservation Area Outdoor Centre 1641 Perth Road Glenburnie, ON Wednesday, February 7, 2024 4:00 to 7 pm Lake Ontario / St. Lawrence River Flood Hazard Mapping Update Virtual Open House Thursday, February 8, 2024 7:00 to 8:30 pm (presentation at 7:10 pm) Please register by contacting Donna Campbell at dcampbell@crca.ca.
Respectfully yours,
Andrew Schmidt Manager, Watershed Planning and Engineering aschmidt@crca.ca - 613-546-4228 ext. 244
Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2024-14 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE COUNCIL MEETING OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON FEBRUARY 6, 2024 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 February 6, 2024 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 February 6, 2024 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 February 6, 2024 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 6 day of February 2024. Read a third time and finally passed this 6 day of February 2024. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
