Body: Council Type: Agenda Meeting: Regular Date: April 9, 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, April 9, 2024 Council Chambers/Virtual Via Zoom .
Call to Order
a)
Resolution
That the Council meeting of April 9, 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, as presented. 4.
Scheduled Closed Session
Recess
Public Meeting
a)
Resolution - Public Meeting to Order
b)
Notice of Collection
c)
Caivan Unopened Road Allowance Closure Application – Public Meeting This Report provides Council with information about Road Closing Application RC-24-01 to close and transfer a portion of unopened road allowance between Lots 30 & 31, Concession 8, District of Bedford.
d)
Resolution - Close Public Meeting
e)
Resolution - Public Meeting to Order
f)
Notice of Collection
22 - 45
g)
Zoning By-law Amendment Application PL-ZBA-2024-0024, Hineman (The Boulevard Group), Roll Number 102908001015910, Portland District This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2024-0024 for a property on Wilton Road with Assessment Roll Number 102908001015910. If approved, the zone on the subject lands would be changed from Rural (RU) to Rural – Special Exception 78 (RU-78). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by Bylaw 2023-44, as the planning matter is technical in nature in that it permits development on an existing lot of record notwithstanding setback requirements from pits and quarries
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4 - 21
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that came into effect after the lot was created. h)
Zoning By-law Amendment Application PL-ZBA-2024-0027, Iawah Christian Ministries (Mark Snider), 304 Iawah Lane, Bedford District This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2024-0027 for 304 Iawah Lane. If approved, the zone on a portion of the subject lands would change from Open Space – Private – Special Provision (OPS-9) to Limited Service Residential – Waterfront – Special Provision (RLSW-141). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by Bylaw 2023-44, as the planning matter is technical in nature (i.e. it fulfills a condition of consent approval).
i)
Resolution - Close Public Meeting
Delegations
Briefings
a)
Representatives from Cambium will be present to speak to Council regarding Township of South Frontenac Waste Disposal Sites (Annual Update 2023).
Approval of Minutes
a)
Resolution
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65 - 88
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That the Minutes of the April 2, 2024 Council meeting be approved. 10.
Reports Requiring Action
a)
2023 Annual Report for Municipal Waste Disposal Sites
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That Council receive the 2023 Annual Update for Township of South Frontenac Waste Disposal Sites presentation from Cambium Consulting and Engineering. 11.
Advisory Committee Reports or Minutes
Reports Requiring Approval of By-laws
a)
2024 Final Tax Rate by-law
97 105
That By-law 2024-30 being a By-law to levy taxes for the year 2024, be given first and second reading; and That By-law 2024-30 be given third reading, signed and sealed. b)
Zoning By-law Amendment Application PL-ZBA-2024-0024, Hineman (The Boulevard Group), Roll Number 102908001015910, Portland District
106 108
That By-law 2024-31 being a By-law to amend By-law 2003-75, as amended, to rezone land from the Rural (RU) zone to Rural – Special Exception 78 (RU-78) on lands described as a Part 1 Plan 13R7331, Part Lots 8 and 9 Concession 3, District of Portland, be given first and second reading; and
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That By-law 2024-31 be given third reading, signed and sealed. c)
Zoning By-law Amendment Application PL-ZBA-2024-0027, Iawah Christian Ministries (Mark Snider), 304 Iawah Lane, Bedford District
109 111
That By-law 2024-32 to amend the zoning on lands known as 304 Iawah Lane, Parts 1, 2 and 3 on Plan 13R-22949, Part of Lots 21 and 22, Concession 10, District of Bedford, Township of South Frontenac be given first and second reading; and That By-law 2024-32 be given third reading, signed and sealed. 13.
Reports for Information
a)
Award of Tender # PS-2024-02 Bracken Culvert Replacement
Committee of the Whole
Information Items
Notice of Motions
Rise and Report regarding County Council and External Boards
Announcements/Statements by Councillors
Closed Session (if requested)
Confirmatory By-law
a)
That By-Law 2024-33, 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 2024-33 be given third reading, signed and sealed.
Adjournment
a)
Resolution
That the Council meeting of April 9, 2024 adjourn at ___ p.m. South Frontenac is a welcoming and thriving rural community
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118
Public Meeting under the Municipal Act Application for Unopened Road Allowance Purchase
RC-24-01 Caivan Properties Holding Corporation
7:00 p.m. Council Meeting
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Tuesday, April 9, 2024
Notice of Collection • Personal information, as defined by the Municipal Freedom of Information and protection of Privacy Act (MFIPPA), including (but not limited to names, addresses, opinions and comments, is collected under the authority of the Municipal Act, 2001, Planning Act and in accordance with MFIPPA. • All personal information may form part of the meeting agendas and minutes, and therefore will be made available to members of the public at the meetings, through requests, and through the website of the Corporation of the Township of South Frontenac. • Questions regarding the collection, use and disclosure of this personal information may be directed to the Township Clerk. Page 5 of 118
Agenda • Staff reviews proposal and delivers report • Questions from Council • Comments from Applicant/Owner, Agent and the Public • Comments/Questions from Council • Close Public Meeting Page 6 of 118
RC-24-01 Applicant: Caivan Properties Holding Corporation Agent: ZanderPlan Benefitting Property: 162 Campground Lane
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Location Map
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View of where Campground Lane meets Burridge Road
Campground Lane
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Portion “C”
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Left picture is Frontenac Maps, right picture is Tay Valley Township interactive mapping
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LRO mapping from Lanark (27)
- Shows there is no road allowance past South Frontenac border
Department, Agency and Public Comments
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• Public Services – no concerns, the realignment of the lane will be part of a Site Plan control application if the Zoning is approved. • Planning Department – no concerns • Public comments – inquiries with respect to the road allowance in relation to the Zoning By-law Amendment
- comments regarding the re-alignment of Campground Lane have been received as well as the road allowance leading to water in Tay Valley Township and tree cutting regarding endangered species. • No applications to purchase other portions of the road allowance have been received
Questions and Comments • Questions from Council • Comments from Applicant, Agent and the Public • Comments/Questions from Council
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Close Public Meeting
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To:
Council
From:
Office of the Clerk
Date of Meeting:
Tuesday, April 9, 2024
Subject:
Caivan Unopened Road Allowance Closure Application – Public Meeting
Report Number:
2024-045
Summary This Report provides Council with information about Road Closing Application RC-24-01 to close and transfer a portion of unopened road allowance between Lots 30 & 31, Concession 8, District of Bedford. Recommendation This Report is for information purposes only. Background By-law 2016-73 prescribes the manner in which notice shall be provided for an application to stop up, close and transfer an unopened road allowance. The Municipal Act allows Council to consider the stopping up, closing and transferring of lands that are surplus to the needs of the municipality. It is the practice of Council to hold a public meeting where individuals can provide comments and concerns for consideration by Council. Discussion/Analysis An application to stop up, close and transfer four portions of unopened road allowance has been received by staff. The application came before Council for initial consideration on February 6, 2024. Council accepted the staff recommendation and directed staff to move forward with the process of stopping up and closing portions A, B and C as shown on the Location Map (Exhibit A) and to not move forward with portion D. For clarification, on the location map the various portions are highlighted as follows: portion “A” is blue, portion “B” is brown, portion “C” is grey and portion “D” is purple. The benefitting lands are also subject to a Zoning By-Law Amendment application PL-ZBA2023-0135 which is still under review by Planning Staff.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-045
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The property is currently zoned as RRC-25, on which agricultural uses, 25 tourist cabins, 50 tourist campsites, dining hall and tuck shop, one accessory dwelling and other accessory buildings and structures to the above uses are permitted. Currently, the property is accessed by Campground Lane, a private lane which traverses through the benefitting lands and is accessed off Burridge Road. The benefitting lands known as 162 Campground Lane do not have road frontage and Campground Lane travels across the unopened road allowance in the absence of Council permission. The closure of the unopened road allowances shown on the Location Map as A, B & C will facilitate the merging of two large properties and will give 162 Campground Lane the road frontage that it requires to develop the property either under the current zoning or through an amendment. This will also address the need for a Licence Agreement to be entered into for Campground Lane where it crosses the unopened road allowance. It is important to note, that although the Unopened Road Allowance Closure application and the Zoning By-law Amendment applications are before Council at a similar time, the unopened road allowance closure is not dependent on the Zoning By-law amendment. The approval of this application will facilitate legal deeded access to the property and will clean up a historic use of unopened road allowance. Financial Implications The applicant has paid the application fee and deposit. 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 Public Services Department Planning Department Attachments Exhibit A – Location Map
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-045
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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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 22 of 118
Public Meeting under the Planning Act
Applications for Zoning By-law Amendment PL-ZBA-2024-0024 PL-ZBA-2024-0027 Page 23 of 118
Tuesday, April 9, 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-2024-0024 and PL-ZBA-2024-0027. • 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-2024-0024 Property Owner: Darcy Hineman Applicant/Agent: The Boulevard Group Property: Wilton Road (102908001015910)
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Location
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Neighborhood Zoning
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Proposal • Permit residential development on a lot of record (created 1987) • Designation – Rural • Existing Zone – RU • Proposed Zone – RU-78
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• Special exception permits residential development on property notwithstanding separation distances from pits and quarries stipulated on zoning by-law
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Department and Public Comments • Public Services & Building Services – No objections • Cataraqui Conservation – not circulated the zoning by-law amendment application due to the nature of the proposal • Public – none received
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Planning Analysis
• Provincial Policy Statement, County Official Plan and Township Official Plan call for the protection of mineral aggregate resources • Development may be permitted in areas adjacent to aggregate operations provided issues of land use compatibility are addressed • The proposed residential use is not anticipated to have any impact on the operation of the adjacent aggregate operations • The existing aggregate operations are not anticipated to have any impact in the proposed residential use • The proposal maintains the general intent of the Official Plan Page 32 of 118
Next Steps • South Frontenac Council should receive comments from the public • Staff recommendation to pass a by-law tonight
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Open Discussion 1. 2. 3. 4.
Applicant/Agent Comments 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-2024-0027 Applicant: Iawah Christian Ministries Agent: Mark Snider Property: 304 Iawah Lane Page 35 of 118
Location
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Location
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Proposal • Three waterfront lots approved in June 2022 • Existing Zone – OSP-9 • Proposed Zone – RLSW-141 • Minimum 5m setback from toe of slope
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Lands that are Subject to Application
Supporting Documents • Planning Letter (Mark Snider Planning Consulting Services, February 28, 2024) • Explained how the proposed by-law satisfies the related condition of the consent approvals • Summarized the proposed by-law implements the recommendations of a Scoped Environmental Impact Assessment and was informed by a Lake Impact Study (Hutchinson Analysis) and Slope Stability Analysis
• Lake Impact Study (Hutchinson Analysis) (McIntosh Perry, January 30, 2024) • Used the Assessment of Municipal Site Evaluation Guidelines for Waterfront Development in Eastern Ontario’s Lake Country (Hutchinson Environmental Sciences Ltd., 2014) to determine that a minimum 30m setback from the highwater mark should be required for all development.
• Slope Stability Analysis (McIntosh Perry, February 27, 2024)
• Development could occur in this flat area more than 15m from the steep slope to the lake.
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• There is a portion of each lot that is relatively wide and flat between the slope down from the lane and the slope down to the lake.
Department and Public Comments • RVCA – Slope Stability Analysis satisfactory • Public – none received to date
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Next Steps • South Frontenac Council should receive comments from the public • Staff recommendation to pass a by-law tonight
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Open Discussion 1. 2. 3. 4.
Applicant/Agent Remarks 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:
Director, Development Services
Date of Meeting:
April 9, 2024
Subject:
Zoning By-law Amendment Application PL-ZBA-2024-0024, Hineman (The Boulevard Group), Roll Number 102908001015910, Portland District
Report Number:
2024-067
Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2024-0024 for a property on Wilton Road with Assessment Roll Number 102908001015910. If approved, the zone on the subject lands would be changed from Rural (RU) to Rural – Special Exception 78 (RU-78). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature in that it permits development on an existing lot of record notwithstanding setback requirements from pits and quarries that came into effect after the lot was created. Recommendation That By-law 2024-31 being a By-law to amend By-law 2003-75, as amended, to rezone land from the Rural (RU) zone to Rural – Special Exception 78 (RU-78) on lands described as a Part 1 Plan 13R7331, Part Lots 8 and 9 Concession 3, District of Portland, be given first and second reading; and That By-law 2024-31 be given third reading, signed and sealed. Background The subject property is near an active pit and an active quarry. The Zoning By-law prohibits new houses within 300m of pits below the water table and within 300m of quarries. The purpose of the proposed by-law is to permit a house to be constructed on the property, which is an existing lot of record created through consent in 1987. The house would be approximately 40m from the adjacent PA zone and approximately 96m from the adjacent QA zone. The house will be approximately 105m from the originally extractive area for the pit and more than 500m from the expanded extractive area. The dwelling will also be approximately 140m from the extractive area on the quarry property. The zone on the property would change from Rural (RU) to Rural - Special Exception 78 (RU-78) to permit www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-67
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the construction of a single detached dwelling on the property, notwithstanding the prohibitions of Section 5.34.1 of the Township Zoning By-law. The effect of the proposed by-law is to allow a building permit to be issued for a single detached dwelling on the property. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. Property Description The subject property is located on Wilton Road approximately 1.5km southwest of Harrowsmith. The property is approximately 1ha in area with 76m of road frontage. The subject property is primarily treed and slopes gradually from the road towards the rear of the lot. There are two residential properties across the road from the subject property as well as a quarry (“Groenewegen Pit”) identified by ARA License ID 2409. Immediately west of the subject property is a pit (“Boutilier Pit”) identified by Aggregate Resources Act (ARA) License ID 2459. The aggregate operations are screened and buffered from the subject property by existing, vegetated berms and dense treelines. In addition, there is a significant difference in elevation between the properties. Related Applications The subject property is not subject to any other applications under the Planning Act. Application and Supporting Documents The application and supporting documents can be accessed through the Township’s CivicWeb Document Center, https://southfrontenac.civicweb.net/filepro/documents/102405/ Mineral Aggregate Land Use Compatibility Report A Mineral Aggregate Land Use Compatibility Report (The Boulevard Group, February 2024) was submitted in support of the rezoning application. The report assessed the compatibility of the proposed dwelling with the existing aggregate operations in the surrounding area. The report also assessed the proposal’s conformity with the applicable policy and regulatory framework as well as with the site plans and operational requirements of the aggregate operations. This Groenewegen Pit is located on the east side of Wilton Road, directly across from the subject property. The license permits up to 250,000 tonnes/year of extraction and permits excavation below the water table. The subject property is at a lower elevation than the quarry operations and large berms on the west side of the quarry will provide for mitigation from potential noise-related nuisances. The dwelling is proposed to be setback 65 metres from its easternmost (front) property line. The closest point of excavation to the dwelling will then be approximately 140 metres from the proposed single detached dwelling, with the www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-67
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majority of extractive operations occurring more than 200 metres from the proposed single detached dwelling. The entrance to the extraction facility is approximately 250 metres north of the subject property, providing suitable separation distance for truck traffic accessing the quarry. The Boutilier Pit is located on the west side of Wilton Road abutting the subject property to the west. The license permits up to 80,000 tonnes/year of extraction. The site plan identifies the licensed area of the site as being 33.8 hectares in area with 24.5 hectares of extraction area. The rehabilitation plan identifies a number of screening/buffering features including many mature hardwood trees in addition to a larger contiguous woodland on the east side of the pit property, bordering the subject residential lands. This substantial woodland area is to remain intact through to final rehabilitation of the pit, ensuring visual screening and buffering between the pit site and the subject property. The report concluded that the rezoning to facilitate the development of a single detached dwelling on the property will not impede the use of the aggregate operations. It also stated that the aggregate operations will not unduly impact the reasonable enjoyment of the subject property. The rezoning would not result in any incompatibility with the aggregate operations that would not be addressed through the ARA licenses, and the operational characteristics and control that currently exist. The report further noted that the well on the subject property is unlikely to be impacted by the quarry operations as the well extends into an aquifer deeper than the lowest excavation point of the aggregate operations. Department and Agency Comments Building Services noted no objections to the application. Public Services noted that noise, dust, and vibration can be an issue for residential uses near quarries. Dewatering activities in licensed aggregate operations are also accompanied by permits to take water that can have a localized impact on groundwater. Public Comments No comments were received from the public at the time of writing this report. Planning Analysis The proposed zoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The PPS requires mineral aggregate resources to be protected for long-term use (section 2.5). The PPS also requires mineral aggregate operations to be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety, or environmental impact. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-67
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The County Official Plan contains policies that are consistent with the PPS. Local Official Plans are required to identify mineral aggregate resources, protect them from incompatible uses so their future use is ensured, and establish buffer areas where incompatible development is not permitted. The Township Official Plan recognizes the concept of an influence area as a means of protecting mineral aggregates and existing quarries from incompatible land uses. For this reason, the Official Plan prohibits residential land uses within 300 metres of an existing or proposed quarry and may prevent other incompatible land uses within this area as well as within a further 200 metre influence area. The Zoning By-law implements this policy by prohibiting residential land uses (houses) within 300 metres of an existing or proposed quarry. The subject property is within 300 metres of an existing quarry and within 300 metres of a pit below the groundwater table. The Official Plan and Zoning By-law do not provide exceptions from this requirement for vacant properties that were created before the Official Plan was adopted. A building permit cannot be issued for a building that would be in violation of the Zoning By-law. A zoning bylaw amendment is required to allow a house to be constructed on the subject property closer than 300 metres to the nearest quarry and closer than 300 metres to the nearest pit below the water table. It was determined that an Official Plan Amendment was not required as numbers in the Official Plan are not fixed or rigid. The zoning by-law amendment was determined to meet the general intent of the Official Plan. The Mineral Aggregate Land Use Compatibility Report (Boulevard Group, February 2024) highlighted the Township’s prohibition on residential land uses within 300 metres of an existing pit/quarry. This standard is not a universal practice across Eastern Ontario municipalities. The report noted that the influence area concept is commonly accepted not as a strict setback area in which development is prohibited, but rather an area where impacts may occur, and that development may occur subject to a technical assessment. Typically, municipalities also do not prohibit the development of residential uses on lots of record. In addition, the Aggregate Resources Act applies an influence area concept for development and does not require strict setback areas. The Mineral Aggregate Land Use Compatibility Report demonstrated that the proposed dwelling on the subject property should not be impacted by the existing aggregate operations, and that the aggregate operations should not be impacted by the dwelling. The consultant’s conclusion was based on their knowledge of both the quarry operations and the regulatory framework under which they operation. The Zoning By-law amendment will permit a single detached dwelling and accessory uses on the property, subject to the typical performance standards of the RU zone. A building permit can be issued for a dwelling after the by-law is passed by Council and if no appeals are received before the 20-day appeal period ends.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-67
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Conclusion It is the opinion of Township Planning Staff that the proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement 2020, in conformity with the Frontenac County Official Plan and Township of South Frontenac Official Plan and represents good planning for the subject lands. Staff recommend that Council pass a by-law during the Council meeting in which the public meeting is held, per procedural By-law as the planning matter is technical in nature. 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): N/A
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Attachments By-law 2024-31 Approvals Prepared By: Tom Fehr, Planner
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-67
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.
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Page 52 of 118 Township of South Frontenac By-Law Number 2024-31 Page 1 of 3 By-Law Number 2024-31 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LANDS FROM RURAL (RU) TO RURAL SPECIAL EXCEPTION (RU-78) ON LANDS DESCRIBED AS WILTON ROAD, ASSESSMENT ROLL NUMBER 1029-080-010-15910, PART 1 PLAN 13R7331, PART LOTS 8 AND 9 CONCESSION 3, DISTRICT OF PORTLAND: DARCY HINEMAN 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 “A” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural Special Exception (RU-78) for the lands shown on Schedule “1”.
- THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RU-78 (Wilton Road, Assessment Roll Number 1029-080-010-15920, Part 1 Plan 13R7331, Part Lots 8 and 9 Concession 3, District of Portland, Darcy Hineman) immediately after the last Rural Special Exception section to read as follows: Notwithstanding the provisions of Section 5 regarding the prohibition of residential uses in proximity to pits and quarries, on lands zoned RU-78 a single detached dwelling and accessory uses shall be permitted. 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 53 of 118 Township of South Frontenac By-Law Number 2024-31 Page 2 of 3 Given First and Second Readings: Tuesday, April 9, 2024 Given Third Reading and Passed: Tuesday, April 9, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 54 of 118 Township of South Frontenac By-Law Number 2024-31 Page 3 of 3 Schedule A of By-law 2024-31
Passed this 9th day of April, 2024.
Ron Vandewal, Mayor
James Thompson, Clerk
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To:
Council
From:
Director, Development Services
Date of Meeting:
April 9, 2024
Subject:
Zoning By-law Amendment Application PL-ZBA-2024-0027, Iawah Christian Ministries (Mark Snider), 304 Iawah Lane, Bedford District
Report Number:
2024-068
Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2024-0027 for 304 Iawah Lane. If approved, the zone on a portion of the subject lands would change from Open Space – Private – Special Provision (OPS-9) to Limited Service Residential – Waterfront – Special Provision (RLSW-141). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature (i.e. it fulfills a condition of consent approval). Recommendation THAT By-law 2024-32 to amend the zoning on lands known as 304 Iawah Lane, Parts 1, 2 and 3 on Plan 13R-22949, Part of Lots 21 and 22, Concession 10, District of Bedford, Township of South Frontenac be given first and second reading; and That By-law 2024-32 be given third reading, signed and sealed. Background The subject application is related to consent applications S-72-21-B, S-73-21-B and S-7421-B for the creation of three waterfront residential lots. The consent applications were approved by a former Director of Development Services on June 29, 2022. The purpose of the rezoning application is to implement a condition that requires the parcels to be rezoned to permit residential uses on waterfront lots accessed by a private lane (i.e. RLSW). It is also required to establish appropriate setbacks from identified species at risk habitat, steep slopes, and the highwater mark of Wolfe Lake. A lake impact study (Hutchinson analysis) and slope stability analysis were required to inform the specifics of the amendment to define the available development envelope on the severed parcels. The proposed by-law would establish a minimum 5 metre setback from the toe of a slope for any buildings or structures based on the results of the studies. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-068
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Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. The subject property is located at the end of Iawah Road. The majority of the subject property consists of natural forested ridges and wetlands. The property has frontage on Wolfe Lake. The property is known as Camp IAWAH, which is a summer camp. All buildings and structures associated with the camp (e.g. administration building, ledge, cabins) and the active programing area are located at the east end of the property. The severed parcels are located at the south end of the property at the entrance of the camp. Application and Supporting Documents
The application and supporting documents can be accessed through the Township’s CivicWeb Document Center, https://southfrontenac.civicweb.net/filepro/documents/90083/ Planning Letter The application was accompanied by a letter from Mark Snider Planning Consulting Services (dated February 28, 2024), which explained how the proposed by-law satisfies the related condition of the consent approvals. The letter summarizes how the proposed bylaw implements the recommendations of the Scoped Environmental Impact Assessment (McIntosh Perry, dated September 15, 2021) that was submitted in support of the consent applications. Finally, it states how the proposed by-law was informed by the Lake Impact Study (Hutchinson Analysis) and Slope Stability Analysis. Lake Impact Study (Hutchinson Analysis) A Lake Impact Study (Hutchinson Analysis) (McIntosh Perry, dated January 30, 2024) was submitted in support of the rezoning application. The consultant conducted a biophysical analysis of the severed parcels, and determined that the soils are deep, the soil composition has medium to high phosphorus input and retention capability, the slope is moderately steep, and the vegetation consists mostly of disturbed woodlands. The consultant utilized the Assessment of Municipal Site Evaluation Guidelines for Waterfront Development in Eastern Ontario’s Lake Country (Hutchinson Environmental Sciences Ltd., 2014) to determine that a minimum 30 metre setback from the highwater mark should be required for all development. Slope Stability Analysis A Slope Stability Analysis (McIntosh Perry, dated February 27, 2024) was submitted in support of the rezoning application. The consultant determined that there is a portion of each lot that is relatively wide and flat between the slope down from the lane and the slope down to the lake. Development could occur in this flat area more than 15 metres from the steep slope to the lake. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-068
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Department and Agency Comments
Public Services and Building Services were not circulated the rezoning application as they had no objection to the approval of the consent applications. Rideau Valley Conservation Authority had no objection to the approval of the consent applications on the condition that a slope stability analysis and water setback analysis be completed to inform the specifics of the required zoning by-law amendment. RVCA staff reviewed and were satisfied with the Slope Stability Analysis. Public Comments
No comments were received at the time this report was written. Planning Analysis The proposed zoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The former Director of Development Services had consideration for these planning documents in the decision to grant provisional approval to the consent applications. Limited Service Residential Development The Provincial Policy Statement, 2020 (PPS) allows growth and development to be directed to rural lands, including resource-based recreational uses, as well as residential lot creation and development that is compatible with the rural landscape (section 1.1.5). The County of Frontenac Official Plan and the Township of South Frontenac Official Plan also permit residential development in the Rural designation. The severed parcels were evaluated based on the Limited Service Residential policies of the Township Official Plan (Section 5.7.7) with the understanding that the zone would need to change from Open Space – Private – Special Provision (OPS-9) to Limited Service Residential – Waterfront – Special Provision (RLSW-141). The new waterfront limited service residential lots would front onto and be accessed from a newly created private road that is designed and constructed to Township standards. A right-of-way on the private road will provide legal deeded access to the new lots. Section 5.7.7 requires the frontage, size and shape of any lot created for limited service residential purposes through the severance approval process be appropriate for the proposed use and to conform to the provisions of the zoning by-law. The severed parcels would exceed the requirements for a minimum lot area of one hectare, minimum of 91 metres of water frontage and minimum of 76 metres of frontage on a private road. The Owner demonstrated to the satisfaction of Building Services that the severed parcels would have the ability to be serviced by private sewage disposal systems. Township www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-068
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policies do not generally require a well driller’s report for the creation of waterfront lots since water could be drawn from the lake. Section 5.7.7 also requires limited service residential development to be designed to preserve as much as possible the physical attributes of a site, including tree coverage, varying topography, and scenic views. The required zoning by-law amendment and development agreement will ensure conformity to this policy. Development Near an Environmentally Sensitive Area (Wildlife Habitat) The PPS states that natural features and areas shall be protected for the long term. The County Official Plan and the Township Official Plan, in accordance with the PPS also do not permit development and site alteration in and adjacent to several types of significant natural features and areas unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. This demonstration is typically done through an environmental impact assessment. An Environmental Impact Statement (EIS) (McIntosh Perry, June 6, 2017) was submitted to the Township. The EIS provides a comprehensive review of the natural features and areas on the overall property. A Scoped Environmental Impact Statement (McIntosh Perry, September 15, 2021) was submitted in support of the consent applications. Planning staff and RVCA staff were satisfied with the methodology and conclusions of the Scoped EIS. These documents identified a range of significant natural features and areas on the subject property. The severed parcels are generally comprised of natural forested lands between the Wolfe Lake Complex Provincially Significant Wetland to the west and Wolfe Lake to the east. These lands slope steeply from Iawah Lane to the lake, with a wide plateau through the midpoint of the proposed lots. The Scoped EIS identified suitable habitat for several species of concern, endangered species and threatened species on the severed parcels. The endangered species and threatened species include Cerulean Warbler, Gray Ratsnake, Northern Myotis, Tri-colored Bat, and Little Brown Myotis. The suitable habitats for Cerulean Warbler and Gray Ratsnake are associated with the upper slope near Iawah Lane and/or the slopes along the shoreline. The forested habitat may be suitable for the bat species. The Scoped EIS concluded that the proposed lots, and their future residential development, would have no negative impact on the identified natural heritage features and their ecological functions, provided that several mitigation measures be implemented. The recommended mitigation measures for each lot include:
- Restrict development within 30 metres of Wolfe Lake to a dock or similar infrastructure.
- Maintain native vegetation within 30 metres of Wolfe Lake, with the exception for a small, cleared pathway (i.e. maximum 1.5 metres wide) to the lake shore.
- Implement an erosion and sediment control plan. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-068
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- Minimize clearing of forested lands during site plan preparation.
- Landscape and replant disturbed areas with locally appropriate native species.
- Restrict vegetation removal during the bird breeding period (April 1 to September 10) without nesting surveys. No vegetation removal within the area identified as Cerulean Warbler territory.
- Follow provincial protocols for encounters with any species at risk during site preparation and construction.
- Review the future alignment of all access points (i.e. driveways) relative to Gray Ratsnake and their habitat prior to vegetation removal and any associated works. The proposed zoning by-law amendment addresses the recommendations related to Gray Ratsnake and Cerulean Warbler by limiting the placement of buildings and structures to specific areas of the severed parcels through the establishment of a minimum setback from the toe of the upper slope, in addition to the standard setbacks from property lines, the highwater mark and the top of bank. A development agreement will be used to address the other recommendations. The development agreement includes a provision notifying potential purchasers that each of the severed parcels will be subject to site plan control prior to the issuance of building permits. Erosion Hazards Section 5.2.4 of the Official Plan states that development or site alterations are to be directed away from lands which may be subject to shoreline erosion hazards. The Official Plan also states that the Township should consult with the appropriate Conservation Authority with respect to lands that may constitute an erosion hazard. The Township relies on RVCA to provide technical advice on the implications of natural hazards, such as those associated with steep slopes and erosion, on proposed lots and their subsequent development. A Slope Stability Analysis was completed to consider potential hazards from the overall slope including any encroachment on the slope above the plateau. RVCA was satisfied with this report. The report informed the proposed minimum 5 metre setback from the toe of the upper slope. Development Near an Environmentally Sensitive Area (Lake) The Township Official Plan provides direction on development setbacks from waterbodies. Section 5.2.7(b)(ii)(1) intends that newly created lots which have a steep slope, minimal woody vegetation cover, thin soils and/or soils with poor phosphorus retention, may require a setback of up to 90 metres from the highwater mark. Appropriate setbacks can be determined by performing an analysis using the Assessment of Municipal Site Evaluation Guidelines for Waterfront Development in Eastern Ontario’s Lake Country (Hutchinson Environmental Ltd., 2014). This document supersedes the site evaluation guidelines of the www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-068
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Rideau Lakes Carrying Capacities and Proposed Shoreland Development Policies, which is referenced in the Official Plan. The submitted Lake Impact Study (Hutchinson Analysis) determined that a minimum 30 metre setback from the highwater mark was warranted based on the site evaluation guidelines. The severed parcels have sufficient depth to accommodate residential development beyond a 30 metre setback from the highwater mark. Conclusion It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject lands. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature. Specifically, the former Director of Development Services had consideration for all applicable policy in the decision to grant provisional approval to the consent applications, and the by-law will fulfill the condition. 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 www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-068
•
by e-mail to prescribed persons and public bodies
Attachments
- By-law 2023-32 Approvals Prepared By: Christine Woods, RPP, MCIP, Senior 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.
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Page 62 of 118 Township of South Frontenac By-Law Number 2024-32 Page 1 of 3 By-Law Number 2024-32 A By-Law to amend By-law 2003-75, as amended, to rezone land from Open Space – Private – Special Provision (OPS-9) to Limited Service Residential – Waterfront – Special Provision (RLSW-141) on lands described as Parts 1, 2 and 3 on Plan 13R22949, Part of Lots 21 and 22, 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; 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 “D” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Open Space – Private – Special Provision (OPS-9) to Limited Service Residential – Waterfront – Special Provision (RLSW-141) for the lands shown on Schedule “1”.
- That Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RLSW-141 (Parts 1, 2 and 3 on Plan 13R-22949, Part of Lots 21 and 22, Concession 10, District of Bedford) immediately after the last Limited Service Residential – Waterfront – Special Provision section to read as follows: RLSW-141 (Parts 1, 2 and 3 on Plan 13R-22949, Part of Lots 21 and 22, Concession 10, District of Bedford) Notwithstanding the provisions of Section 10 or any other provision of this By-law to the contrary, on the lands zoned Special Limited Service Residential – Waterfront (RLSW0141) the following provisions shall apply: •
Setback from toe of slope (Minimum)
•
Definition:
5 Metres (16.4 ft.)
“Toe of Slope” (Slope) shall mean a point which is the beginning of a significant change in the land surface, then from which the land surface slopes upward (at a grade of 30% or more) with a consistent vertical rise of at least five (5) metres. All other provisions of this by-law shall apply.
Page 63 of 118 Township of South Frontenac By-Law Number 2024-32 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: Tuesday, April 9, 2024 Given Third Reading and Passed: Tuesday, April 9, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 64 of 118 Township of South Frontenac By-Law Number 2024-32 Page 3 of 3 Schedule 1 of By-law 2024-32
Annual Update (2023) April 9, 2024 Township of South Frontenac Waste Disposal Sites
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Environmental | Geotechnical | Construction Quality Verification | Building Sciences
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Overview
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• Recommendations for changes to monitoring/operations • Required to meet Ministry guidelines Page 66 of 118
• Annual Monitoring • Surveys of active landfills • Site Inspections • Reports • Summary of operational information
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Regional Map
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Portland Waste Disposal Site •
Transfer Station, Landfill
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Groundwater met compliance criteria in overburden; bedrock compliance (east property line) outstanding –
Elevated concentrations were primarily attributed to road salts, natural variation; leachate impact unlikely
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Surface water compliance issues persisted; localized to area surrounding waste mound
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Based on assessments to date, continued monitoring is recommended of piezometers and additional data is available
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Operated in compliance with Environmental Compliance Approval (ECA)
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surface water locations; the adequacy of monitoring program should be reassessed once
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Loughborough Waste Disposal Site • Transfer station, landfill • Groundwater (GW) was not in compliance –
The Township acquired additional land and GW rights for Contamination Attenuation Zone (CAZ)
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Three bedrock and one overburden well installed in new CAZ
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The new well to the north/northeast did not comply with Reasonable Use Concept (RUC) in 2023
No adverse impacts to surrounding surface water
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Minor well repairs required by Cambium in spring
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Operated in compliance with ECA; not in compliance with RUC and ECA Condition 7.6
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Bradshaw Waste Disposal Site • Transfer Station, Landfill • No adverse impacts off-site in groundwater or surface water (SW); complied with RUC and SW guidelines • Winter closure; site was opened May to November 2023 • Operated in compliance Environmental Compliance Approval (ECA)
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Salem Waste Disposal Site •
Transfer Station, Landfill
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Impacts east of waste mound in adjacent watercourse but were attenuated
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Tier two of the trigger mechanism was activated in 2023; however, no unacceptable limits were occurring to the receiving watercourse (Devil Lake). No work required.
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Winter closure; site was opened May to November 2023
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The east extent of the waste mound was covered in February 2024; seeding will occur in spring; lost capacity should be addressed in conjunction with the submission of a future
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Operated in compliance with ECA
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Closure Plan
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Green Bay Waste Disposal Site • Transfer Station, Landfill • Groundwater and surface water met compliance criteria • Minor updates required to trigger (background location)
• Minor well repairs required by Cambium in spring • Operated in compliance with PC of A • Site is nearing maximum capacity; a Closure Plan should be submitted in • Closure Plan should update waste limit Environmental | Geotechnical | Construction Quality Verification | Building Sciences
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2024
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Fish Creek Waste Disposal Site (Closed) •
Closed landfill (2005)
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Groundwater and surface water tested annually; report submitted every 6 years (2022)
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Groundwater and surface water met compliance
•
Site was in good condition in 2023 with no evidence of erosion, seeps, litter or vermin
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Operated in compliance with ECA
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Monitoring and reporting program should be discontinued; request was submitted to the Ministry in conjunction with 2022 report Surface water comments received June 2023 and agreed
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Waiting on groundwater review comments from Ministry
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Crow Lake Waste Disposal Site (Closed) • Closed landfill (2002) • Groundwater and surface water tested biannually; report submitted every 5 years (2019-2023) • Groundwater and surface water met compliance criteria • Operated in compliance with ECA
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• Recommended that monitoring and reporting be discontinued
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Massassauga Waste Disposal Site (Closed) • Closed landfill (2012) • Biennial report (last submitted in 2022) • Groundwater and surface water met compliance criteria • Groundwater results indicated a weak leachate plume beneath the waste mound that decreased in strength with distance
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• Operated in compliance with ECA
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Burridge Waste Disposal Site (Closed) •
Closed landfill (1991)
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Monitoring and reporting every 3 years; last completed in 2021
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Groundwater and surface water met compliance criteria
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Site was in good condition with no evidence of erosion, seeps, or litter
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Monitoring and reporting program should be discontinued; request was to the Ministry District Manager in conjunction with 2021 report Comments received from surface water and groundwater
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Revised program to be implemented 2024, 2025, and 2026 (testing for only Chromium III & VI) followed by letter report in early 2027
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Township Summary •
Aesthetics – transfer stations and closed sites were well maintained; extra litter clean-up time in 2024 should focus on active waste sites in the peripheral areas (tree lines, watercourses)
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No complaints or incidents
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Monitoring well security/compliance – a few minor well repairs are required at Loughborough and Green Bay in spring 2024 Accelerated, but reduced program for Burridge, goal of discontinuing monitoring
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The monitoring program should be discontinued for: –
Fish Creek Waste Disposal Site (Closed) – waiting on groundwater review
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Crow Lake Waste Disposal Site (Closed) – new recommendation in 2024
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Landfill Capacity Update Loughborough1 173,400 170,440 2,115 2,960 2,376 1.2 2.3
Approved capacity (m³) Existing capacity used (m³) Capacity Used in 2023 (m³) Remaining capacity (m³) Average annual placement (m³) Remaining site life (years) 2022 Remaining Site Life
3
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Bradshaw 16,200 14,225 80 1,975 225 8.8 8.0
Municipality 2022 2021 638,700 638,700 467,325 460,770 6,555 10,015 171,375 177,930 7,055 6,590 24 27
Salem 59,000 51,364 444 7,636 434 18 13
2020 638,700 451,015 8,240 187,685 7,550 25
Green Bay Municipality 10,000 638,700 9,155 475,584 620 8,259 845 163,116 424 7,828 2.0 21 4.6 24 Notes:
- Loughborough total capacity is for Phase 1 and 2A only. Approval of Phase 2B will increase Loughborough site life to about 16 years. Overall Township site life will increase to about 25 years.
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Approved waste disposal capacity (m ) Existing volume of capacity used (m 3) Annual Volume Used (m 3) Remaining volume of capacity (m 3) Average annual waste placement (m 3) Remaining site life (years)
2023 638,700 475,584 8,259 163,116 7,828 21
Portland 380,100 230,400 5,000 149,700 4,369 34 43
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QUESTIONS? Stephanie Reeder, P.Geo., C.E.T. Senior Project Manager
c: 705.872.8797
w: cambium-inc.com Environmental | Geotechnical | Construction Quality Verification | Building Sciences
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e: stephanie.reeder@cambium-inc.com
Page 89 of 118 Minutes of Council April, 2, 2024
Township of South Frontenac Council Meeting Minutes
Meeting # 07 Time: 7:00 p.m. Location: Council Chambers / virtual via Zoom Present: Ray Leonard, Doug Morey, Steve Pegrum, Norm Roberts, Randy Ruttan, Ron Sleeth, Scott Trueman, Adam Turcotte, 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
1
Call to Order
a)
Resolution Resolution No. 2024:07:01 Moved by Councillor Ruttan Seconded by Councillor Pegrum That the Council meeting of April 2, 2024 be called to order at 7:01 p.m. Carried
2 a)
Declaration of pecuniary interest and the general nature thereof There were none.
3
Approval of Agenda
a)
Resolution Resolution No. 2024:07:02 Moved by Councillor Turcotte Seconded by Councillor Trueman That the agenda be amended to include a closed session meeting regarding the acquisition or disposition of land by a municipality or local board - Portland District, and as amended, be approved. Carried
4 a)
5 a)
Scheduled Closed Session There was none. Recess There was none.
6
Public Meeting
a)
Resolution - Public Meeting to Order
Page 90 of 118 Minutes of Council April, 2, 2024 Resolution No. 2024:07:03 Moved by Councillor Morey Seconded by Deputy Mayor Leonard That the Public Meeting be called to order. Carried b)
Notice of Collection Michelle Hannah, Deputy Clerk spoke to the purpose of the Public Meeting and reviewed the Notice of Collection.
c)
Public Meeting - Council Procedure By-law Members of the public did not provide comment.
d)
Resolution - Closed Public Meeting Resolution No. 2024:07:04 Moved by Councillor Sleeth Seconded by Councillor Roberts That the Public Meeting be closed. Carried
7 a)
8 a)
Delegations There were none. Briefings There were none.
9
Approval of Minutes
a)
Resolution Resolution No. 2024:07:05 Moved by Councillor Morey Seconded by Councillor Turcotte That the Minutes of the March 19, 2024 Council meeting be approved. Carried
10
Reports Requiring Action
a)
Seniors Housing Funding Resolution No. 2024:07:06 Moved by Councillor Roberts Seconded by Councillor Ruttan Whereas the County has funding available to support seniors housing developed within the County; Therefore Be It Resolved That Council request that the County funding be released to South Frontenac for it’s use under the Verona Housing project, following County guidelines for the release of the funds estimated to be $330,000. Carried
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Page 91 of 118 Minutes of Council April, 2, 2024 b)
Desert Lake Family Campground - Noise By-law Exemption Request Resolution No. 2024:07:07 Moved by Councillor Pegrum Seconded by Councillor Trueman That the Desert Lake Family Resort be granted an exemption from Section 3. Clause F. of By-law 2015-41, as amended, “A By-Law to Prohibit and Regulate Noise Within The Township of South Frontenac”, to permit musical events on May 18, 2024, June 29, 2024, August 1, 2024, August 9, 2024 and August 31, 2024 between 7:00 p.m. and 11:00 p.m. Carried
c)
Development Charges Study and By-law – Consultant Resolution No. 2024:07:08 Moved by Councillor Sleeth Seconded by Deputy Mayor Leonard That Council award the Development Charges Background Study to Watson & Associates Economists Ltd; and That an additional amount of $20,520 for the project be funded from Development Charges Reserves. Carried
d)
Housing Enabling Water Systems Fund (HEWS) Resolution No. 2024:07:09 Moved by Councillor Pegrum Seconded by Councillor Roberts That Council support the submission of a grant application under the Housing Enabling Water Systems fund; and That Council authorize the Clerk and Mayor to sign off on a contract or Transfer Payment agreement should the Township be successful. Carried
e)
Award of Tender # PS-2024-11 Dust Suppression Services Resolution No. 2024:07:10 Moved by Councillor Trueman Seconded by Councillor Morey That Council accept the bid from Da-Lee Services Inc. in the amount of $176,654.55 (net of HST credits) for the 2024 Dust Suppression Services Program. Carried
11
Advisory Committee Reports or Minutes
a)
Lake Ecosystem Advisory Committee Recommendation Resolution No. 2024:07:11 Moved by Deputy Mayor Leonard Seconded by Councillor Trucotte That the Lake Ecosystem Advisory Committee recommend Council approve the revised Lake Ecosystem Grant program policy as attached to this report. Carried
12
Reports Requiring Approval of By-laws
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Page 92 of 118 Minutes of Council April, 2, 2024 a)
Proposed Amendments to Council Procedure By-law Resolution No. 2024:07:12 Moved by Councillor Sleeth Seconded by Councillor Ruttan That By-law 2024-28, attached as Exhibit A, being “A By-law To Amend By-law 2017-76, As Amended, “A By-law to Provide for Governing The Proceedings of the Council, The Conduct of Members and the Calling of Meetings” be given first and second reading. Carried Resolution No. 2024:07:13 Moved by Councillor Roberts Seconded by Councillor Sleeth That By-law 2024-28 be given third reading, signed and sealed. Carried
13 a)
14 a)
Reports for Information There were none. Committee of the Whole There was none.
15
Information Items
a)
Acknowledgement of June as Pride Month
16
Notice of Motions
a)
There were none .
17
Rise and Report regarding County Council and External Boards
a)
County Council Deputy Mayor Leonard advised that the CAO interviews were taking place on April 3, 2024. He noted that The Frontenac Paramedics Commendation from Chief Chevalier was awarded to Mark Sherwin through the Neighbours Saving Neighbours program for making the first cardiac arrest save last month. He stated that Joe Gallivan received the Ontario Onsite Wastewater Association Corporate Innovator Award on behalf of the Frontenac County. He mentioned that there will also be a motion heard at an upcoming meeting regarding ATV use on trails.
b)
Police Services Board Councillor Pegrum spoke to the new Community Safety and Policing Act and the anticipated training as well as a late April or May meeting of the new Board.
c)
Cataraqui Conservation Councillor Sleeth shared that the Strategic Communication meeting has taken place and the regular board meeting is set for later this month. The new General Manager will take over this month as well.
d)
Quinte Conservation
Page 4 of 6
Page 93 of 118 Minutes of Council April, 2, 2024 Councillor Roberts shared that the last meeting discussion was based around the lack of flooding this spring due to the lack of snow this winter. e)
Rideau Valley Conservation Authority Councillor Turcotte advised on the General Manager Report and the new Ontario Regulation 41/24 which replaces some of the currentt O. Regs in an effort to streamline processes, approvals and protection of wetlands.
f)
Frontenac Community Arena Board Councillor Roberts advised that the Arena is closed for the season. He noted that it was a successful season.
18 a)
Announcements/Statements by Councillors Mayor Vandewal provided an update regarding the recent Verona Housing Open House.
19
Closed Session (if requested)
a)
Resolution Resolution No. 2024:07:14 Moved by Councillor Pegrum Seconded by Deputy Mayor Leonard That Council resolve itself into the Committee of the Whole “Closed Meeting” to consider the following item: a) A proposed or pending acquisition or disposition of land by the municipality or local board - Portland District Carried
b)
Resolution Note: Councillor Morey withdrew from the meeting at 7:26 p.m. Resolution No. 2024:07:15 Moved by Councillor Pegrum Seconded by Deputy Mayor Leonard That Council rise from the Committee of the Whole “Closed Meeting” and the Deputy Clerk Report. Carried Resolution No. 2024:07:16 Moved by Councilor Trueman Seconded by Councillor Pegrum That Council authorize and delegate to the Chief Administrative Officer, the authority to execute a purchase and sale agreement as per direction received in closed session. Carried
20
Confirmatory By-law
a)
Resolution Resolution No. 2024:07:17 Moved by Councillor Deputy Mayor Leonard Seconded by Councillor Trueman
Page 5 of 6
Page 94 of 118 Minutes of Council April, 2, 2024 That By-Law 2024-29, 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. 2024:07:18 Moved by Councillor Turcotte Seconded by Councillor Roberts That By-Law 2024-29 be given third reading, signed and sealed. Carried 21
Adjournment
a)
Resolution Resolution No. 2024:07:19 Moved by Councillor Roberts Seconded by Deputy Mayor Leonard That the Council meeting of April 2, 2024 adjourn at 7:48 p.m. Carried
Ron Vandewal, Mayor James Thompson, Clerk South Frontenac is a welcoming and thriving rural community
Page 6 of 6
Page 95 of 118
To:
Council
From:
Director, Public Services
Date of Meeting:
April 9, 2024
Subject:
2023 Annual Report for Municipal Waste Disposal Sites
Report Number:
2024-069
Summary This purpose of this report is to recommend that Council receive the 2023 annual update presentation on the Townships waste disposal sites by Cambium Consulting and Engineering. Recommendation That Council receive the 2023 Annual Update for Township of South Frontenac Waste Disposal Sites presentation from Cambium Consulting and Engineering. Background Cambium Consulting and Engineering provides the waste management consulting services for the Township’s waste management sites. Each year, Cambium completes the annual reports for Townships waste disposal sites and supplies this mandatory reporting to the Ministry of Environment, Conservation and Parks (MECP). Discussion/Analysis Cambium will be submitting the Townships 2023 annual landfill monitoring reports to the MECP on or before the April 30th, 2024, deadline. These reports contain detailed and sitespecific information on both open and closed landfill sites. The presentation completed by Cambium this evening will provide Council with an overview of the compliance status for each site along with any recommended actions for follow up. Financial Implications None.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-069
Page 96 of 118
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. Notice/Consultation Cambium Consulting and Engineering Attachments None. 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:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 97 of 118
To:
Council
From:
Director, Corporate Services & Treasurer
Date of Meeting:
April 9, 2024
Subject:
2024 Final Tax Rate by-law
Report Number:
2024-065
Summary This report provides information on the Township’s 2024 Final Tax Rate By-law. Recommendation That By-law 2024-30 being a By-law to levy taxes for the year 2024, be given first and second reading; and That By-law 2024-30 be given third reading, signed and sealed. Background Through its annual budget process, the Township determines the amount of funds needed from property taxes for the year, and then sets property tax rates in a way that generates exactly this amount. A tax rate for each class must be passed through by-law according to Section 312 of the Municipal Act, 2001, S.O. 2001, c.25 (the Municipal Act). Township property owners are issued two property tax bills each year: an interim bill; and a final bill. Council set the interim tax levy amount for 2024 at 35% of the prior year’s i.e. 2023’s property taxes through its Interim Tax Levy By-Law 24-07 approved on January 16th, 2024. Interim tax bills were due the first working day of April which was April 2nd this year. Final tax rates are required for the preparation of the Township’s final tax bills which are issued at the end of May. Final tax bills are due in two equal installments - the last working day of June and last working day of September, being June 28th and Sep 30th in 2024. Discussion/Analysis 2024 Final Tax Rates Council approved the combined 2024 Capital and Operating budgets requiring $22,474,274 to be raised by taxation on December 19, 2023. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-065
Page 98 of 118
The recommendation in this report is to formalize the final tax rates in the appropriate bylaw that will enable the levying of taxation according to the approved budget. Financial Implications The passing of By-law 2024-30 allows the municipality to levy and collect $22,474,274 to be raised by taxation based on the approved 2024 budget. 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: Sustainable Long-Term Prosperity
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. Attachments By-law 2024-30 Tax Rate by law with Schedule A & B. Approvals Prepared By: Name, Title Submitted By:
Arundhati Mohile, Director of Corporate Services & Treasurer Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 99 of 118
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2024- 30 A BY-LAW TO LEVY TAXES IN THE TOWNSHIP OF SOUTH FRONTENAC FOR THE YEAR 2024
WHEREAS the Ontario Municipal Act, 2001, c25 section 312, as amended, provides that the Council of a local municipality shall, after the adoption of the estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class; and WHEREAS the Ontario Municipal Act, 2001, S.O. 2001, c25 section 290, as amended, provides that the Council of a local municipality shall in each year prepare and adopt a budget including estimates of all sums required during the year for the purposes of the municipality; and WHEREAS the tax ratios and tax rate reductions for prescribed property subclasses have been established by the County of Frontenac, by its By-law 2023-056 and, WHEREAS the Province approved Ontario Regulation 5/24 under the Education Act, amending Ontario Regulation 400/98 to prescribe the education rates for the assessment in each property class for 2024; WHEREAS it is necessary for the Council of the Corporation of the Township of South Frontenac, pursuant to the Municipal Act, 2001 to levy on the whole rateable property according to the last revised assessment roll for the Corporation of the Township of South Frontenac the sums set forth for various purposes in Schedule “B” hereto attached for the current year; and NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
The 2024 estimates for the current year as set forth in Schedule “B” attached hereto and forming part of this by-law are hereby adopted.
For the year 2024, the Corporation of the Township of South Frontenac shall levy upon the Residential and Farm Residential Assessment, MultiResidential Assessment, Commercial Assessment including new construction, Industrial Assessment including new construction, Parking Lot Assessment, Farmland Assessment and Managed Forest Assessment the rates of taxation per current value assessment as set out in Schedule “A” attached hereto and forming part of this by-law.
The levy provided for in Schedule “A” attached to this by-law shall be reduced by the amount of the interim levy for 2024.
For payments-in-lieu of taxes due to the Corporation of the Township of South Frontenac, the actual amount due to the Corporation of the Township of South Frontenac shall be based on the assessment roll and the tax rates for the year 2024.
For railway rights of way taxes due to the Corporation of the Township of South Frontenac in accordance with the Regulations as established by the Minister of Finance, pursuant to the Municipal Act, the actual amount due to the Corporation of the Township of South Frontenac shall be based on the assessment roll and the tax rates for the year 2024.
Page 100 of 118
The levy for municipal, county, education and special area charges shall become due and payable as follows: All Classes • 50% of the final bill and any outstanding arrears shall be due on Friday, June 28th, 2024. • The balance of the final bill shall be due on Monday, September 30th, 2024.
As provided under Section 345(2) of the Municipal Act 2001, there shall be imposed a penalty of one and one-quarter percent (1.25%) per month on the first day of each month following default of payment on all taxes of the current year remaining unpaid after the due date of said taxes.
There shall be imposed additional interest of one and one-quarter percent (1.25%) per month on all taxes outstanding at the end of the year for which the taxes were levied as provided in Section 345(3) of the Municipal Act, 2001.
Penalty and interest charges at the prevailing rate will be added in the same manner as taxes to those non-levy items added to the Collector’s Roll for collection.
- All supplementary taxes levied under the Assessment Act will be due in two installments with the second installment due one month after the first installment due date, and penalties and interest will be added in the same manner as the ordinary tax bills.
- The Treasurer of the Corporation of the Township of South Frontenac is hereby empowered to accept part payment from time to time on account of any taxes due.
- The taxes are payable at the following: a) Township of South Frontenac municipal offices located at: 4432 George Street, Sydenham, Ontario b) At any financial institution or payment processor having payment arrangements with the Township of South Frontenac. c) By filing an application for voluntary pre-authorized payment for automatic debit of installment from bank account, in accordance with the Township’s standard practice. d)
By credit card through a third party processor. The link is available on the Township website www.southfrontenac.net and can be found under living here/property taxes/how to pay
e)
By payment through Virtual Municipal office. The site can be accessed through https://vmo.southfrontenac.net:1080/vch/
- Pursuant to the provisions of the 2024 Municipal Budget, transfers budgeted as a “Contribution from Revenue Fund to Reserves” shall be implemented by the Treasurer in the amount budgeted. Transfers budgeted as a “Contribution from Reserves and/or Reserve Funds to Revenue Fund and/ or Capital Fund” shall be implemented by the Treasurer in the exact amount required to finance the actual expenditures of the particular project net of other applicable revenues, even should said amount exceed the transfer/ contribution from Reserves and/or Reserve Fund originally budgeted for.
- Any surplus/deficit resulting from the 2024 operations of the General Revenue Fund as of December 31, 2024, shall be transferred to/financed
Page 101 of 118
from the reserve for Working Funds except for Winter Control, Building, Volunteer Firefighters wages, Water and Recycling which have dedicated reserves for stabilization. 15. Notwithstanding any of the foregoing, the Treasurer is hereby authorized to accept payments made on the Current Pre-Authorized Payment Plan on the first day of the month following the due date for payment of taxes without adding penalty and/ or interest charges to the outstanding taxes and tax arrears. 16. The collector shall send a tax bill to the taxpayer’s residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the treasurer in writing to send the bill to another address, in which case it shall be sent to that address. 17. If any section or portion of this by-law or the schedules attached hereto is found by a court of competent jurisdiction to be invalid, it is the intent of the Council of the Corporation of the Township of South Frontenac that all remaining sections and portions of this by-law and the schedules continue in force and effect. 18. This by-law shall come into force and take effect on the date of its passage. Dated at the Township of South Frontenac this 9th day of April 2024. Read the first and second time on this 9th day of April 2024. Read a third time and finally passed this 9th day of April 2024. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 102 of 118
Schedule “A” to By-Law No. 2024-30
TOWNSHIP OF SOUTH FRONTENAC - 2024 TAX RATE SCHEDULE
South Frontenac
Current Value
South Frontenac
Assessment
Levy
3,464,621,329 4,045,000 0 35,998,426 323,000 523,600 0 0 43,000 558,000 114,000 4,182,600 14,100 407,000 50,000 50,000 115,660,553 15,727,100 3,642,317,708
21,979,400 25,662 0 228,373 1,434 2,325 0 0 273 3,540 470 26,534 58 1,678 79 79 183,437 24,943 22,478,284
Assessment Class
RTC
Tax Rate
Residential and Farm Residential Multi-Residential Commercial-Full, Shared PIL Commercial Occupied Commercial Vacant Land Commercial Excess Land New Const-Full-No Support New Const-Excess Land-No Support Parking Lot Industrial -Full, Shared PIL Industrial -Excess Land, Shared PIL Industrial Occupied Industrial Excess Land Industrial Vacant Land Industrial–Small Scale on Farm Bus2 Industrial.-Small Scale on Farm Bus1 Farmlands Managed Forest Total
RT MT CH CT CX CU XT XU GT IH IK IT IU IX I0 I7 FT TT
0.634395% 0.634395% 0.634395% 0.634395% 0.444077% 0.444077% 0.634395% 0.444077% 0.634395% 0.634395% 0.412357% 0.634395% 0.412357% 0.412357% 0.158599% 0.158599% 0.158599% 0.158599%
Page 103 of 118
Schedule B - Bylaw 2024-30
TOWNSHIP OF SOUTH FRONTENAC 2024 Final Budget Summary of Revenue and Expense
Actuals
2023-2024 Budget
2023 Budget
27-Nov-23
2024 Budget
$
$
$
249,500
145,181
249,500
REVENUE
Property Taxation- Supplementary & PIL
User Charges
1,252,744
988,849
Licenses, Permits and Rents
1,702,635
1,330,532
Government Grants
3,185,516
Grants from Other Municipalities
495,252
Investment Income
Penalties and interest on taxes
Donations
Other
Transfers From Reserves/Reserve Funds
TOTAL Revenue
OPERATING EXPENSE
General Government
Protection to Persons and Property
Variance $
%
0
0.00%
1,541,807
289,063
23.07%
1,560,838
-141,797
-8.33%
2,802,164
3,315,611
130,095
4.08%
0
495,000
-252
-0.05%
359,000
928,665
649,000
290,000
80.78%
370,000
336,280
370,000
0
0.00%
0
38,851
6,725
6,725
82,000
166,907
63,000
-19,000
-23.17%
8,069,584
0
13,827,642
5,558,058
68.88%
15,766,231
6,737,429
22,079,123
6,312,892
40.04%
6,404,592
5,334,078
10,334,761
3,930,168
61.36%
Fire
3,003,241
3,045,735
2,884,333
-118,908
-3.96%
Police
2,865,302
2,652,577
2,873,290
7,988
0.28%
Conservation Authorities
271,271
296,557
521,876
250,605
92.38%
Protective Inspections and Control
133,173
124,327
148,753
15,579
11.70%
Emergency Measures
2,750
47
3,500
750
27.27%
Building Department
1,431,660
969,394
1,343,983
-87,677
-6.12%
Transportation Services
Roadway Maintenance
14,746,726
10,444,491
16,184,205
1,437,479
9.75%
Winter Control
2,369,180
1,885,528
2,361,009
-8,171
-0.34%
Environmental Services 411,312
249,009
731,930
320,618
77.95%
Water System
Solid Waste Management
3,140,655
2,344,257
3,110,649
-30,007
-0.96%
Parks, Recreation and Cemeteries
1,659,707
2,482,002
3,032,146
1,372,439
82.69%
Planning and Development
967,858
748,614
1,022,964
55,106
5.69%
TOTAL Expense
37,407,428
30,576,616
44,553,398
7,145,970
19.10%
TO BE RAISED BY TAXATION
21,641,197
22,474,274
833,077
3.85%
IMPACT ON TAXPAYER: BASED ON AVERAGE PHASE-IN ASSESSMENT THE TOWNSHIP’S SHARE OF THE TAX BILL ON A 278,126 PROPERTY WILL INCREASE 2.74% WHICH EQUALS $47.04
Township of South Frontenac 2024 Capital Budget with Financing
Schedule B - Bylaw 2024-XX
Detailed Project # Project * Sheet page # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 38 39 40 41 42 43 44 45 46 47 48
22-02 23-12 24-01 24-03 24-04 24-05
24-11 24-12 24-13 24-14 24-15 24-16 24-17 24-18
24-21 24-22 24-23 24-24 24-25 24-26
21-R09 24-31 24-32 24-33 24-34 24-35 24-36 24-37 24-38 24-39 24-43 24-40 22-17 24-44 24-45 24-46 23-49 24-41 24-47 23-51
22-53 24-61
49
CORPORATE SERVICES Gateway Signage (2022-2025 Project) Wayfinding Sign Fabrication and Installation (2022-2025 Project) Website Redesign Cloud Server Records Management 14 Island Lake Dam Refurbishment subtotal FIRE Hoses and Appliances Electric Portable Fans Vehicle Replacement - Deputy Fire Chief Pumper Replacement Gas Detectors & Docking Stations Mobile Gear Racks - Station 5 & 7 Specialized Equipment for Squads Radio Communications Study subtotal PUBLIC SERVICES FLEET Tandem Plow Truck Tandem Roller-Pro Truck Two (2) 1-Ton Trucks with plow and sander attachments 1-Ton Truck with Dump Box and power lift Front Broom Attachment AVL - Light Duty Installs subtotal ROADS INFRASTRUCTURE Arterial Reserve (Road 38 - Reserve Transfer) Perth Road Reconstruction (at Loughborough Lake) Microsurfacing - Bellrock Road Orser Road Spooner Road Bedford Road Ormsbee Road Greenfield Road Kerr Road Tom Watson Road Devil Lake Road Surface Treatment (LCB) Preservation 12th Con Bridge (B32) Repair Sydenham Lake Bridge and Dam Bracken Culvert (Yarker Road) Long Swamp Bridge Study Transportation Master Plan Pre-Engineering Roads 2025 Road 38 Detailed Design Pleasant Valley Municipal Drain subtotal SYDENHAM WATER SCADA Software Upgrade Sydenham Drinking Water System Upgrades subtotal FACILITIES
2024 Budget
Tax)
53,333 266,667 33,190 85,000 100,000 200,000 738,190 18,000 30,000 75,000 550,000 40,000 18,000 20,000 10,000 761,000
430,000 625,000 230,000 120,000 40,000 20,000 1,465,000 2,450,000 520,000 495,000 157,500 64,100 1,432,000 819,100 215,900 161,500 124,400 346,600 900,000 38,500 534,000 527,200 35,000 75,000 75,000 100,000 18,750 9,089,550 275,000 37,500 312,500
24-02
Town Hall Expansion
3,500,000
51 52 53 54 55 56 57 58 59 60
24-51 24-52 24-54 24-55 24-56 24-57 24-58 24-59 24-82 24-83
Storrington Centre Roof and Parking Lot Upgrades Bedford Garage Equipment Upgrades Keeley Patrol Yard Waste Oil Disposal Sydenham Point Accessible Washroom Upgrades Centennial Park New Accessible Washrooms Design and Build Centennial Park Renovations to existing Canteen/Washrooms Harris Park Hall Flooring Replacement Glendower Hall Interior Design Plans Station 5 Exterior Upgrades Station 4 Flooring subtotal RECREATION Sydenham Point Field Score clock Power Centennial Park Walkway Connections Centennial Park Courts and Electrical Improvements McMullen Park - Parking Lot paving & storage bunker McMullen Park Beach and Washroom Building Upgrades Keeley/Bowes Diamond Upgrades Glendower Court Basketball nets Bellrock & Petworth Parkette Conceptual Design
435,000 48,500 25,000 30,000 30,000 150,000 29,000 20,000 15,000 8,000 4,290,500
24-60 24-66 24-80 24-67 24-75 24-68 24-69 24-70
10,000 240,000 49,000 46,000 16,000 208,000 11,000 15,000
0
0
0
Working Funds
Asset Invesment Reserve
53,333 186,667 33,190 85,000 100,000 200,000 658,190
Infrastructure
Fire Equipment
Facilities
Public Services Building Landfill Climate Change Building Equipment Equipment Closure Reserve
Sydenham Water Reserve
OPP Reserve
Wages-Fire Department (Stabilization)
Taxation
Other
Notes
Red Grant Program - 186k *3 + 80k * 3 grant =
80,000
0
0
0
0
0
0
0
0
0
0
0
0
0
80,000
0
0
0
0
0
0
0
0
0
10,000 10,000
0
761,000
0
40,000 20,000 60,000
0
1,465,000
18,000 30,000 75,000 550,000 40,000 18,000 20,000 0
0
0
0
0
0
0
751,000
430,000 625,000 230,000 120,000
0
0
0
0
0
0
0
0
1,405,000
0
0
0
0
0
0
2,450,000 495,000
25,000 495,000
157,500 64,100 500,000
County FGT
530,648
401,352 OCIF
819,100 215,900 161,500 124,400 346,600 400,000 38,500 179,500
500,000 OCIF 354,500
527,200 35,000 75,000 75,000 100,000 2,056,300
0
1,530,000
0
0
0
0
1,248,000
0
0
485,000
2,765,000
885,148
0
0
0
0
0
0
0
0
0
0
0
0
201,658
312,500
0
0
0
0
4,290,500
0
0
0
0
0
0
73,343 37,500 110,843
0
0
0
0
0
0
0
0
0
18,750 2,468,750
0
901,352
9,089,550
201,658 ICIP Grant Funding
250,000 435,000 48,500 25,000 30,000
30,000 150,000 29,000 20,000
50,000
0
0
485,000
2,765,000
0
15,000 8,000 990,500
10000 240,000 49,000 46000 16,000 208,000 11000 15,000
Page 15 of 17
Page 104 of 118
50
61 62 63 64 65 66 67 68 69
Community Building Development Fund (formerly Federal Gas Parkland Charges
Township of South Frontenac 2024 Capital Budget with Financing
Schedule B - Bylaw 2024-XX
Detailed Project # Project * Sheet page # 70 71 72 73 74 75 76
24-71 24-72 24-74
24-76 24-77 24-78
Petworth Mill wall cap and repairs Shipyards Boat Ramp Rehabilitation New Picnic Tables subtotal DEVELOPMENT SERVICES Economic Development Strategy Replacement Building Vehicle Development Charge Study and Population Study subtotal Total
2024 Budget
Community Building Development Fund (formerly Federal Gas Parkland Charges Tax)
200,000 110,000 10,000 915,000 50,000 50,000 95,000 195,000 17,766,740
448,000
0
200,000 110,000 10,000 467,000
Working Funds
0
Asset Invesment Reserve
Infrastructure
0
0
Fire Equipment
Facilities
0
Sydenham Water Reserve
OPP Reserve
0
0
0
0
0 110,843
Public Services Building Landfill Climate Change Building Equipment Equipment Closure Reserve
0
0
0
0
0
Wages-Fire Department (Stabilization)
Taxation
Other
Notes
0
0
0
915,000
0
0 2,538,750
0 1,183,010
195,000 17,766,740
50,000 50,000 95,000 95,000 2,649,300
0 1,530,000
0 467,000
50,000 1,193,190
0 4,013,000
0 885,148
0 990,500
0 751,000
0 1,405,000
50,000 50,000
0
0
0
Page 105 of 118
Page 16 of 17
Page 106 of 118 Township of South Frontenac By-Law Number 2024-31 Page 1 of 3 By-Law Number 2024-31 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LANDS FROM RURAL (RU) TO RURAL SPECIAL EXCEPTION (RU-78) ON LANDS DESCRIBED AS WILTON ROAD, ASSESSMENT ROLL NUMBER 1029-080-010-15910, PART 1 PLAN 13R7331, PART LOTS 8 AND 9 CONCESSION 3, DISTRICT OF PORTLAND: DARCY HINEMAN 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 “A” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural Special Exception (RU-78) for the lands shown on Schedule “1”.
- THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RU-78 (Wilton Road, Assessment Roll Number 1029-080-010-15920, Part 1 Plan 13R7331, Part Lots 8 and 9 Concession 3, District of Portland, Darcy Hineman) immediately after the last Rural Special Exception section to read as follows: Notwithstanding the provisions of Section 5 regarding the prohibition of residential uses in proximity to pits and quarries, on lands zoned RU-78 a single detached dwelling and accessory uses shall be permitted. 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 107 of 118 Township of South Frontenac By-Law Number 2024-31 Page 2 of 3 Given First and Second Readings: Tuesday, April 9, 2024 Given Third Reading and Passed: Tuesday, April 9, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 108 of 118 Township of South Frontenac By-Law Number 2024-31 Page 3 of 3 Schedule A of By-law 2024-31
Passed this 9th day of April, 2024.
Ron Vandewal, Mayor
James Thompson, Clerk
Page 109 of 118 Township of South Frontenac By-Law Number 2024-32 Page 1 of 3 By-Law Number 2024-32 A By-Law to amend By-law 2003-75, as amended, to rezone land from Open Space – Private – Special Provision (OPS-9) to Limited Service Residential – Waterfront – Special Provision (RLSW-141) on lands described as Parts 1, 2 and 3 on Plan 13R22949, Part of Lots 21 and 22, 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; 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 “D” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Open Space – Private – Special Provision (OPS-9) to Limited Service Residential – Waterfront – Special Provision (RLSW-141) for the lands shown on Schedule “1”.
- That Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RLSW-141 (Parts 1, 2 and 3 on Plan 13R-22949, Part of Lots 21 and 22, Concession 10, District of Bedford) immediately after the last Limited Service Residential – Waterfront – Special Provision section to read as follows: RLSW-141 (Parts 1, 2 and 3 on Plan 13R-22949, Part of Lots 21 and 22, Concession 10, District of Bedford) Notwithstanding the provisions of Section 10 or any other provision of this By-law to the contrary, on the lands zoned Special Limited Service Residential – Waterfront (RLSW0141) the following provisions shall apply: •
Setback from toe of slope (Minimum)
•
Definition:
5 Metres (16.4 ft.)
“Toe of Slope” (Slope) shall mean a point which is the beginning of a significant change in the land surface, then from which the land surface slopes upward (at a grade of 30% or more) with a consistent vertical rise of at least five (5) metres. All other provisions of this by-law shall apply.
Page 110 of 118 Township of South Frontenac By-Law Number 2024-32 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: Tuesday, April 9, 2024 Given Third Reading and Passed: Tuesday, April 9, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 111 of 118 Township of South Frontenac By-Law Number 2024-32 Page 3 of 3 Schedule 1 of By-law 2024-32
Page 112 of 118
To:
Council
From:
Director, Public Services
Date of Meeting:
April 9, 2024
Subject:
Award of Tender # PS-2024-02 Bracken Culvert Replacement
Report Number:
2024-062
Summary The purpose of this report is to provide background on the budget and award of contract for the Bracken Culvert Replacement under delegated authority of the Procurement By-law. Recommendation The report is for information only. Background In December of 2023, Council approved the 2024 Budget which included the replacement of the Bracken Culvert located on Yarker Road approximately 0.5km west of Wilton Road (Exhibit A). This structure was assessed as part of the 2021 OSIM structure program and the structure received a rating of very poor due to the signs of structural deterioration. The existing 4.4m wide by 2.9m high CSP arch culvert (approximate length of 29m) will be replaced with a like for like structure including a new guiderail system. The design for this project was completed by the Greer Galloway Group in early 2024 and considers several operational constraints that include: limited staging areas, heavy traffic, proximity to wetlands, dewatering and the requirement for two (2) day road closure during construction. Environmental screening was also carried out at the crossing to prescribe appropriate measures within the contract to address potential for sensitive plant, fish, and wildlife species. Traffic volumes at the crossing are in the order of 2,905 vehicles per day. Discussion/Analysis On February 15th, 2024, the Township released a tender for Bracken Culvert Replacement on Biddingo and advertised on the Township’s website. On March 6th, 2024, the tender closed with a total of ten (10) tender submissions received.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-062
Page 113 of 118
The results of the tender bids are listed as follows:
Supplier Crains’ Construction Ltd K. Mulrooney Trucking Ltd Len Corcoran Excavating Ltd Robert Nash Excavating Inc Dig’n Dirt Ltd Scott Trudeau Construction Corp Fidelity Engineering & Construction Morven Construction Trisan Construction GMP Contracting Ltd
Total (Including Net HST Rebate) $ 404,384.32 $ 431,520.40 $ 456,449.57 $ 457,920.00 $ 461,019.52 $ 556,467.94 $ 574,880.65 $ 620,471.42 $ 683,359.82 $ 829,597.94
All of the tenders were found to be complete and in compliance with the requirements of the procurement bylaw. Staff completed a detailed review of the Crains Construction Ltd. bid submission and found their tender bid to be balanced. Crains Construction Ltd. has successfully completed numerous contracts locally over the last several years and has the experience and resources necessary to perform the work. This project has been awarded to Crains Construction Ltd. under delegated authority granted within the Procurement By-law.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-062
Page 114 of 118
Financial Implications The 2024 Budget allowance for the overall project is $ 549,200. A detailed breakdown of the revised project budget is provided below:
ACTIVITY
COST ($)
Design/Tender Preparations/Permits
$ 20,657.28
Crains’ Construction Ltd (low bid Net HST) Contract Administration / Quality Assurance Testing /Inspection/ As-built Drawings Contingency Allowance (10% of construction items)
$ 404,384.32
Revised Project Cost (Inc. Non-Refundable HST)
$ 498,541.60
Approved Budget (2023/2024) • 23-46B Bracken Culvert Design - $ 22,000 • 24-45 Bracken Culvert Replacement - $ 527,200 Estimated (Surplus) 9.2%
$ 30,000.00 $43,500.00
$ 549,200.00 $ 50,658.40
Once the overall project costs are considered, the project is forecasted to have a net surplus of $50,658.40 or 9.2% of the budget amount. This project is within the approved budget and therefore falls within delegated authority for award of contract.
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):
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.
Township of South Frontenac Staff Report Number – 2024-062
Notice/Consultation • • • •
Greer Galloway Group Cataraqui Region Conservation Authority Director of Corporate Services Construction Technologist
Attachments Exhibit A Exhibit B
Budget Sheet Project # 23-46 Design – Various OSIM Structures Budget Sheet Project # 24-45 Bracken Culvert (Yarker Road)
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:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 115 of 118
Page 35
Capital Project Detail Sheet Project Information Project Name: Design - Various OSIM Structures
Type of Project: Bridge
Project Number: 23-46
Basis for Activity: Asset Renewal
Department: 3100 - Structures
Relationship to Strategic Plan: N/A
Description: Design work for OSIM bridge and culvert structures forecasted to be rehabilitated or replaced in 2024 or 2025. Maynard Bridge on Burnt Hills Road (#63550), Bracken Creek Culvert on Yarker Road (# 63120) and Claire Road Box Culvert (#63510). An allowance is also included for engineering design support for miscellaneous repairs elsewhere in network.
Rationale: Maynard Bridge (#63550) is 7.5m W x 25m L and is located on Burnt Hills Road with planned rehabilitation - BCI rating of 69.03 (2021). Bracken Culvert (#63120) is 4.4m W x 21m L and is located on Yarker Road with planned replacement - BCI rating of 38.09 (2021). Claire Road Culvert (#63510) is 3.5m W x 4.8m L and is planned for replacement - BCI rating of 24.45 (2021)
Staff Contact: Troy Dunlop (tdunlop)
Project Finances
Actuals Description 55330 - Consultant Total
Budget
Expensed to Current Year Expenses / Expenditure
Total Project
Prior Approved
2023
2024
2025
2026
2027
0
100,000
0
100,000
0
0
0
0
0
100,000
0
100,000
0
0
0
0
Page 116 of 118
Page 40
Capital Project Detail Sheet Project Information Project Name: Bracken Culvert (Yarker Road)
Type of Project: Culvert
Project Number: 24-45
Basis for Activity: Asset Renewal
Department: 3100 - Structures
Relationship to Strategic Plan: N/A
Description: Bracken Culvert (Yarker Road) ASSET # 63120 The Bracken Culvert is located on Yarker Road approximately 0.5km west of Wilton Road. The structure is comprised of a 4.4m wide arch culvert approximately 21m in length. Records indicate the arch structure was installed in 1966.
Rationale: The structure was last assessed in 2021 and was assigned a BCI rating of 38.1 which is Very Poor. The replacement of this structure has been identified as a priority within the 5 year plan presented to Council on May 2, 2023.
Staff Contact: Troy Dunlop (tdunlop)
Project Finances
Actuals Description 55290 - Contracted Services Expenses / Expenditure Total
Budget
Expensed to Current Year
Total Project
Prior Approved
2024
2025
2026
2027
2028
0
527,200
0
527,200
0
0
0
0
0
527,200
0
527,200
0
0
0
0
Page 117 of 118
Page 118 of 118 Township of South Frontenac By-Law Number 2024-33 Page 1 of 1 By-Law Number 2024-33 A By-Law to Confirm generally all actions and proceedings of the Council meeting of the corporation of the Township of South Frontenac on April 9, 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; Therefore, be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on April 9, 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 April 9, 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 April 9, 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. Given First and Second Readings: Tuesday, April 9, 2024 Given Third Reading and Passed: Tuesday, April 9, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
