Council - 11 Jan 2022 - Agenda

Body: Council Type: Agenda Meeting: Regular Date: January 11, 2022 Collection: Council Agendas Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA MEETING #2

Audio Broadcast to the Township’s Facebook Page https:/www.facebook.com/SouthFrontenacTwp TIME: DATE: PLACE:

7:00 PM, Tuesday, January 11, 2022 Electronic Participation.

Call to Order and Roll Call

a)

Resolution

Declaration of pecuniary interest and the general nature thereof

Approval of Agenda

a)

Resolution

Scheduled Closed Session - (at end of agenda)

Delegations - none

Public Meeting - not applicable

Approval of Minutes - not applicable

Business Arising from the Minutes - not applicable

Reports Requiring Action

a)

Update to Building By-law - Fees • This report recommends an update to the current Building By-law

3 - 21

No. 2014-26 to adjust annual building fees by Total CPI annually instead of the Non-residential Building Construction Cost Index, so to avoid a considerable fee increase in 2022 as well as provide a more appropriate measure of the cost of service delivery increases moving forward, and recommends freezing current Part 8 (private sewage system) fees at 2021 rates to provide more time to assess the cost of delivering that new service.

Committee Meeting Minutes - not applicable

By-laws

a)

Zoning By-law Amendment Application - Z-20-17, Craig Caden, Deyos Road, Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, By-law 2022-02 • This report recommends that Council pass a by-law to change the zone on the subject lands to permit a second dwelling unit in a detached accessory building.

22 - 29

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b)

Zoning By-law Amendment Application - Z-21-12, Walter &

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Heather Freeman (ZanderPlan Inc.), 4996 Battersea Road - By-law 2022-03

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This report recommends that Council pass a by-law to change the zone on the subject lands to legally permit the existing dog food production business.

Reports for Information - none

Information Items

a)

Frontenac Arch Biosphere - 2022 Funding Request

Notice of Motions

Announcements/Statements by Councillors

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

Closed Session

a)

Resolution - Council will move into a closed session as permitted by the Municipal Act, Section 239.2 to discuss items related to item (b) personal matters about an identifiable individual, including municipal or local board employees and item (d) labour relations or employee negotiations; regarding the selection of an Interim CAO.

b)

Interim CAO Selection

c)

Resolution - Move out of Closed Session

Confirmatory By-law

a)

By-law 2022-04

Adjournment

a)

Resolution Natural, Vibrant and Growing - A Progressive Rural Leader

76 - 77

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To: Council Prepared by: Development Services Department Date of Meeting: January 11, 2022 Subject: Update to Building By-law - Fees

Summary This report recommends an update to the current Building By-law No. 2014-26 to adjust annual building fees by Total CPI annually instead of the Non-residential Building Construction Cost Index, so to avoid a considerable fee increase in 2022 as well as provide a more appropriate measure of the cost of service delivery increases moving forward, and recommends freezing current Part 8 (private sewage system) fees at 2021 rates to provide more time to assess the cost of delivering that new service.

Recommendation THAT Council endorse an update to Building By-law 2014-26 as amended, to index the Fees set out in Schedule “C” to the October Total CPI deviation annually, instead of using the 3rd quarter Statistics Canada Non-Residential Building Construction Cost Index: Ottawa; and, That Council direct staff to advertise this amendment to By-law 2014-26 for the required 21 days and to schedule the required public meeting for changes to the Building Fees By-law to coincide with the next available Council or Committee of the Whole meeting in February 2022; and, That Council approves holding building fees at their current rates until the proposed amending by-law can be passed in mid-February 2022; and, THAT Council approve holding the fees for Part 8 Services as set out in Schedule “C” of By-law 2014-26 at the 2021 rates until February 1, 2023, to allow more time to assess the cost of delivering that service before considering changes.

Background By-law No. 2014-26 as amended, includes language that automatically adjusts the Township’s building fees annually on February 1st based on the 3rd quarter Statistics Canada Non-Residential Building Construction Cost Index: Ottawa. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Township of South Frontenac Staff Report - Update to Building By-law - Fees

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In prior years, this index resulted in increases similar to inflation as measured by the Total Consumer Price Index (CPI). This allowed fees to keep up with the cost of delivering building services, which is largely driven by annual wage increases, vehicle maintenance and insurance.

Discussion/Analysis By-law Amendment – CPI vs. Non-Residential Building Construction Cost Index Due to the dramatic increase in the cost of construction materials and other inflationary pressures brought on by the COVID-19 pandemic, the 3rd Quarter Non-Residential Building Construction Cost Index: Ottawa is much higher than in the past at 13.6%. If applied as per the by-law, this would result in a considerable increase to the Township’s building fees beginning February 1, 2022, which would not be correlated with the cost of delivering those services. For that reason, staff is recommending changes to the by-law to ensure increases are more closely tied to service delivery costs moving forward by replacing the current 3rd Quarter Non-residential Building Construction Cost Index: Ottawa, with the 3rd Quarter Total CPI, which for 2021 is 4.4%. This revised language is highlighted in Attachment 1 to this report. Attachment 2 to this report shows the current building fees, the potential fees as of February 1, 2022, if no amendment is made, and the proposed fees based on the by-law amendment to include the 3rd quarter Total CPI (4.4%) instead of the 3rd quarter Nonresidential Building Construction Cost Index: Ottawa (13.6%). Recommendation to Hold Part 8 Fees Prior to the Township assuming Part 8 services on behalf of the other Frontenac Townships at the start of 2021, Council agreed to amendments to the Building Fees By-law that incorporated new Part 8 fees that mirrored the fees charged by Kingston Frontenac Lennox & Addington Public Health (KFL&APH) at that time. The Township’s business case for taking on Part 8 services was based largely on the permit volumes, costs and fee structures in place with KFL&APH in 2019; however, it was acknowledged that the Township would need to reassess those fees once it had actual data from delivering the service at the end of its first full year. At the end of 2021, the permit volumes and resulting fees from the delivery of part 8 services have far exceeded the initial estimates; however, due to the pandemic and related pressures, these volumes may not represent the new norm. Further, KFL&APH’s fees, on which the Township’s were based, were already higher than most of those municipalities for whom KFL&APH did not provide Part 8 services, so a further increase at this time would increase that discrepancy. For this reason, staff is recommending that Part 8 fees be held at their current (2021) rates until at least February 1, 2023, in order to provide more time to assess the cost of delivering the service and to avoid unjustifiable increases being imposed on applicants. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Township of South Frontenac Staff Report - Update to Building By-law - Fees

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It should be noted that the Township is the contracted service provider for the other Frontenac Townships and so it is ultimately up to those municipalities if they wish to mirror the Township’s approach so that fees are consistent across Frontenac County. Notice and Timing The Ontario Building Code (OBC) and Ontario Regulation 332/12 requires that a public meeting be held in advance of adding new fees into the Building By-law and to ensure that a minimum of 21 days public notice of the meeting is provided. If the recommended changes are endorsed by Council, staff will proceed to schedule and advertise for the required public meeting, to be scheduled during the first available Council or Committee of the Whole meeting in February based on the timelines for advertising and other preparations. Forego Scheduled Increases Due to the public notice and meeting requirements, the Township will be unable to pass the proposed amendments to Schedule “C” of the By-law before the fee changes take effect on February 1st, 2022, in accordance with the current language of by-law which references the 3rd Quarter Non-residential Building Construction Cost Index: Ottawa. For this reason, staff is recommending that Council pass a motion freezing the fees at their current 2021 rates until such time as the proposed amendment is passed. This would not have the effect of amending the by-law, but it would provide a record of this direction for auditing and other purposes in the short period of time during which staff is not adhering to the By-law as written.

Financial Implications The difference in fees effective February 1, 2022, as recommended by this report are indicated in Attachment 2. With the proposed by-law amendment, the Township would forego an additional increase of 9.2% (13.6% - 4.4%); however, the absolute revenue this represents is unknown and difficult to estimate based on the increased permit volumes over the past few years. That said, increasing permit volumes have resulted in year-end transfers to the building reserve for several years, and the higher volume of Part 8 services has meant greater revenues that initially budgeted at the start of 2021, so staff does not anticipate these recommendations of this report to result in less revenues than the cost to deliver services.

Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan.

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

Township of South Frontenac Staff Report - Update to Building By-law - Fees

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Priority: 2. Promote and support growth than meets the community’s needs while maintaining the integrity of our natural environment.

Attachments

1. Building Fees By-law No. 2014-26 w/ Proposed Amendments
2. Schedule “C” with proposed and potential 2022 fee changes

Approvals Submitted by:

Claire Dodds, RPP, MCIP Director of Development Services Approved by:

Neil Carbone Chief Administrative Officer

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

Page 7 of 78 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2014-26 Being a By-law to Regulate Construction, Demolition, and Change of Use Permits for Buildings, Structures, and All Other Related Services Within the Township of South Frontenac and to Repeal Bylaws 1998-06 and 2002-06, and Schedule “A” to 2002-97, as amended

BUILDING BY-LAW WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality’s ability to respond to municipal issues; AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, c.23, as amended, authorizes municipal council to pass By-laws respecting construction, demolition and change of use permits, inspections and related matters including fees; AND WHEREAS notice was given and a Public meeting held on May 20, 2014 in accordance with the Building Code Act, 1992, S.O. 1992, c.23, as amended in relation to proposed amendments to the Building By-law 1998-06, as amended with respect to building related fees; AND WHEREAS the Council of The Corporation of the Township of South Frontenac deems it necessary and desirable to repeal By-laws 1998-06 and 2002-06, and Schedule “A” to 2002-97, as amended and to enact a new Building By-law for the issuance of permits and related matters, including the establishment of a fee schedule; NOW THEREFORE, the Council of The Corporation of the Township of South Frontenac enacts as follows:

1. GENERAL 1.1

This By-law may be cited as the “Building By-law”.

1.2

Words in the singular may include the plural and words in the plural may include the singular.

1.3

Specific terms include both sexes and include corporations.

1.4

The headings and subheadings used in this By-law shall not form a part of the By-law, but shall be deemed to be inserted for convenience of reference only.

1.5

This By-law is to be read in conjunction with all the Statutes referred to in the preamble hereto and in the event that there is a conflict between the provisions of this By-law and the provisions of the Act as amended, or its regulations, then the provisions of the Act and its regulations as amended prevail.

1.6

Schedule “A”, “B”, and “C”, attached hereto shall form part of this By-law.

2. DEFINITIONS 2.1

Non-defined terms. In this By-law all words or phrases shall have the meaning accorded to them in the Building Code Act or its regulations (the Building Code); in addition to those words and phrases, in this By-law…

2.2

“Act” means the Building Code Act, 1992, S.O. 1992, c.23, as amended.

2.3

“Applicant” means the owner of a building or property who applies for a permit or any person authorized to apply for a permit on the owner’s behalf, or any person or corporation empowered by statute to cause the construction or demolition of a building or buildings and anyone acting under the authority of such person or corporation.

2.4

“Complete application” means an application that meets the requirements set out in the building code for applications where the Chief Building Official is required to make a decision within a prescribed time period, and section 4 and Schedule “B” of this By-law.

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2.5

“Conditional permit” means a permit issued under subsection 8(3) of the Act.

2.6

“Partial permit” means a permit issued by the Chief Building Official to construct part of a building.

2.7

“Permit” means permission or authorization given in writing by the Chief Building Official to perform work, to change the use of a building or part thereof, or to occupy a building or part thereof, as regulated by the Act and Building Code.

2.8

“Permit holder” means the owner to whom the permit has been issued or where a permit has been transferred, the new owner to whom the permit has been transferred.

2.9

“Plot plan” means a detailed drawing(s) of proposed improvements to a given property at a defined scale, plot plans is also known as a site plans.

2.10

“Revised submission” means additional information filed with the Chief Building Official which depicts one or more changes to the proposed or as-constructed design of a building or part of a building for which a permit has already been issued and for which approval by the Chief Building Official is required.

2.11

“Supplementary submission” means a resubmission of additional information in relation to building permit application documents previously filed and reviewed, that requires additional review to determine Building Code compliance.

2.12

“Township” means The Corporation of the Township of South Frontenac.

3. CLASSES OF PERMITS 3.1

Classes of permits required for the construction, demolition or change of use of a building shall be set out in Schedule “A” to this By-law.

4. REQUIREMENTS FOR PERMIT APPLICATIONS General Requirements 4.1

To be considered a complete application, every permit application shall be accompanied by the approval documents issued by the agencies responsible for the applicable laws listed in the building code, where those agencies issue approval documents and the law applies to the construction or demolition being proposed.

4.2

An application for a permit may be refused by the Chief Building Official where it is not a complete application.

4.3

The Chief Building Official is delegated the authority to create and/or adopt for usage, forms (other than those prescribed by the Act or the Code) which provide for the collection of specific information in relation to permit applications which information is necessary for the administration and enforcement of the Act and the Code. This delegated authority is subject to the following conditions: 4.3.1 The Chief Building Official shall maintain a list of forms that it has issued or adopted for usage.

4.4

The Chief Building Official may, as the Chief Building Official deems appropriate, provide prescribed forms in an electronic format and may allow for electronic submission of completed permit application forms.

4.5

Notwithstanding subsection 4.4, completed forms generated electronically shall be accepted subject to the endorsement by the applicant.

4.6

Applications submitted in accordance with this By-law or otherwise required by the Act become the property of the Township and will be disposed of or retained in accordance with relevant legislation or by-law.

Applications for Permits to Construct 4.7.

Every application for a permit to construct a building shall: 4.7.1 identify and describe in detail the work to be done and the existing and proposed use and occupancy of the building, or part thereof, for which the building permit application is made;

Page 9 of 78 4.7.2 be accompanied by the plans, specifications, documents, forms and other information prescribed in section 5 and Schedule “B” of this by-law; and 4.7.3 be accompanied by acceptable proof of corporate identity and property ownership, unless such proof is determined by the Chief Building Official to be unnecessary. Applications for Permits to Demolish 4.8

Every application for a permit to demolish a building shall: 4.8.1 identify and describe in detail the work to be done and the existing use and occupancy of the building, or part thereof, for which the application for a permit to demolish is made, and the proposed use and occupancy of that part of the building, if any, that will remain upon completion of the demolition; 4.8.2 be accompanied by the plans, specifications, documents, forms and other information prescribed in section 5 and Schedule “B” of this By-law; and 4.8.3 be accompanied by acceptable proof of corporate identity and property ownership, unless such proof is determined by the Chief Building Official to be unnecessary.

Applications for Permits to Construct Part of a Building 4.9

In addition to the requirements of subsection 4.7, every application for a partial permit shall: 4.9.1 require a permit application for the entire project; and 4.9.2 be accompanied by plans, specifications, documents, forms and other information covering that part of the work for which application for a partial permit is made, together with such information pertaining to the remainder of the work as may be required by the Chief Building Official; and 4.9.3 include payment of all applicable fees for the complete project.

4.10

The Chief Building Official may issue a partial permit when the Chief Building Official determines it is appropriate to expedite substantial construction before a permit for the entire building is available and where the relevant provisions of this By-law and the Act are met. 4.10.1 When determining whether to issue a partial permit, the Chief Building Official shall have regard for the likelihood of subsequent approvals being available in a timely fashion such that a project is not interrupted and exposed to potential damage from the elements, while awaiting subsequent approvals.

Application for Conditional Permits 4.11

In addition to the requirements of subsection 4.7, every application for a conditional permit shall: 4.11.1 include a written statement from the applicant explaining why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; and 4.11.2 include a written acknowledgement from the applicant of the necessary approvals that must be obtained in respect of the proposed building in order for the permit to be issued and the time in which such approvals will be obtained; 4.11.3 include payment of all applicable fees for the complete project.

Conditional Permit Issuance: Discretionary 4.12

The Chief Building Official may, at his discretion, issue a conditional permit where unreasonable delays are anticipated in obtaining all necessary approvals, and where the relevant provisions of this By-law and the Act are met.

4.13

Prior to the issuance of a conditional permit the applicant, and any other persons the Chief Building Official determines, shall enter into a written agreement with the Township.

Applications for Permits for Change of Use 4.14

Every application for a permit for a change of use shall:

Page 10 of 78 4.14.1 identify and describe in detail the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; and 4.14.2 be accompanied by the plans, specifications, documents, forms and other information prescribed in section 5 and Schedule “B” of this By-law. No Implication of Permit Availability 4.15

Notwithstanding the issuance of a permit under section 4.10 (Partial) or 4.11 (Conditional) the Chief Building Official shall not be deemed, implied or obliged to issue any further or additional permits for such property.

4.16

Where construction has commenced prior to the issuance of a permit, a permit based on any of the above applications may be issued at the sole discretion of the Chief Building Official.

Abandoned Permit and Permit Applications 4.17

An application for a permit shall be deemed to be abandoned by the applicant where: 4.17.1 the application has been determined to be incomplete pursuant to section 4.2 of this Bylaw and remains incomplete for a period 90 days from the date the application was determined to be incomplete; or 4.17.2 the applicant has failed to obtain a copy of a building permit within 90 days of being notified that such permit is available for issuance (including where the payment of any outstanding fees is required at the time of issuance). 4.17.3 any permit issued may be revoked in accordance to the provisions of Section 8.(10) of the Building Code Act, 1992, S.O. 1992, c.23, as amended.

Revisions of Permits 4.18

After the issuance of a permit under the Act, the applicant shall give notice to the Chief Building Official in writing of any material change to a plan, specification, document or their information upon which a permit was issued, together with the details of such change, which change shall not be made without the prior written authorization of the Chief Building Official.

4.19

Application for authorization of any substantial change shall constitute a revised submission or a supplementary submission.

5. PLANS AND SPCIFICATIONS 5.1

As part of the application for a permit and in addition to the requirements of section 4 of this bylaw, every applicant shall submit to the Chief Building Official the following: 5.1.1 sufficient plans, specifications, documents, forms and such other information as may be deemed necessary by the Chief Building Official to determine whether the proposed construction, demolition, or change of use conforms to the Act, the Building Code, and any other applicable law; 5.1.2 where a plot plan is required to satisfy Section 5.1.1, the plot plan shall reference a current plan of survey certified by a registered Ontario Land Surveyor. A plot plan shall show; 5.1.2.1 lot size and dimensions of the property; 5.1.2.2 setbacks from existing and proposed buildings to property boundaries and to each other; 5.1.2.3 existing and finished ground levels or grades; and 5.1.2.4 existing rights of way, easements, and municipal services; 5.1.3 a copy of the plan of survey upon which the plot plan is referenced shall also be submitted, unless the Chief Building Official waives this requirement.

5.2

Plans, specifications and other documents submitted by an applicant shall: 5.2.1 be fully coordinated among design disciplines and intended for construction, demolition or change of use;

Page 11 of 78 5.2.2 be fully dimensioned and drawn to a suitable scale that clearly depicts the proposed construction, demolition or change of use; 5.2.3 be submitted on paper or other suitable and durable material; and 5.2.4 contain information and text that is clear and legible. 5.3

Unless otherwise deemed necessary by the Chief Building Official, every application shall be accompanied by three (3) sets of plans, specifications, forms, documents and other information required to facilitate the administration and enforcement of the Building Code.

5.4

On completion of the construction of a building, the Chief Building Official may require the applicant to submit a set of as-constructed plans, including a plan of survey showing the location of a building.

5.5

Plans and specifications submitted in accordance with this By-law or otherwise required by the Act become the property of the Township and will be disposed of or retained in accordance with relevant legislation or by-law.

6. AUTHORIZATION OF ALTERNATIVE SOLUTIONS 6.1

Where approval for an alternative solution under the Building Code is proposed in either the application for a permit, or in a material change to a plan, specification, document or other information on the basis of which a permit was issued, the applicant shall submit: 6.1.1 an application on a form prescribed by the Chief Building Official; 6.1.2 supporting documentation demonstrating that the proposed alternative solution will provide the level of performance required by the Building Code; and 6.1.3 payment of the required fee prescribed by Schedule “C”

7. FEES AND REFUNDS 7.1

The Chief Building Official shall determine the required application fees in accordance with Schedule “C” to this By-law, and; 7.1.1 despite the above the Chief Building Official may place a valuation on the cost of the proposed project as contained in Schedule “C” and where disputed by the applicant, the applicant shall pay the required fee under protest and, within six months of completion of the project, shall submit an audited statement of the actual costs. Where the Chief Building Official, in his sole discretion, agrees that the audited costs are less than the valuation, the Chief Building Official may issue a partial refund that reflects the difference between the two amounts.

7.2

The Chief Building Official shall not issue a permit until fees required by this By-law have been paid in full by the applicant.

7.3

In addition to the fees paid at the time of the building permit application, when an applicant makes supplementary submissions and revised submissions, the applicant shall pay the prescribed fee which shall be calculated in accordance with Schedule “C”.

7.4

The Fees set out in Schedule “C” shall be adjusted annually on and effective the 1st of February based upon the 3rd quarter Statistics Canada Non-Residential Cost Index: Ottawa Bank of Canada Total CPI (https://www.bankofcanada.ca/rates/price-indexes/cpi/); where such index indicates negative growth, the fees shall remain at the level established for the prior year. The Chief Building Official shall update Schedule “C” as of February 1st each year, rounding the fees up to the next dollar, however no amendment to the by-law shall be required to give effect to the fee changes.

7.5

Where any Fees set out in Schedule “C” remain unpaid after the due date, the amount unpaid shall be added to the tax roll and collected as taxes.

7.6

In the case of withdrawal or abandonment of an application, or refusal, or revocation of a permit, and upon written request by the applicant, the Chief Building Official may refund any unearned fees to the party that made payment, which shall be calculated in accordance with Schedule “C”.

8. TRANSFER OF PERMITS 8.1

If the owner of the land changes subsequent to the issuance of a permit and prior to the final inspection related thereto, the permit may be transferred to the new owner (the transferee) of

Page 12 of 78 the subject lands upon the submission of an application in accordance with the requirements of section 4 of this by-law, and where such application is accompanied by the following: 8.1.2 Proof of ownership of the subject lands by the transferee; 8.1.3 written confirmation from the designer, architect and/or professional engineer or such other qualified person referenced in the original application that such person or firm has been retained to continue to provide the stated services in respect of the application (if such services continued to be required under the Act/Code) or the name, address, telephone number of the designer, architect and/or professional engineer or such other qualified person and where applicable the written confirmation of such person or firm that they have be retained in relation to the application; 8.1.4 the payment of applicable fees set out in Schedule “C”. 8.2

Upon the issuance of a transfer of permit to the transferee, the transferee shall be deemed to be the permit holder and the original permit holder shall have no further rights or obligations to the Township under the permit save and except for any obligations set out in an agreement entered into under clause 8(3)(c) of the Act.

9. NOTICES FOR INSPECTIONS 9.1

Inspection notices required by the building code and this By-law shall be made in writing or by telephone.

9.2

Inspection notices are required a minimum of two business days prior to the stages of construction specified therein and shall be given in accordance with the requirements of Subsection 1.3.5 of Division C of the Building Code.

9.3

The person to whom the permit has been issued shall notify the Chief Building Official of each stage of construction for which a notice is prescribed by the Building Code.

9.4

Notwithstanding section 10 of this By-law, the person to whom the permit has been issued shall notify the Chief Building Official of the date of completion of the building or demolition work no more than two days after that date.

9.5

In addition to the notices prescribed in Article 1.3.5.1 of Division C of the Building Code, the person to whom a permit has been issued shall give the Chief Building Official notice of the readiness for inspection for the stages of construction set out in Article 1.3.5.2 of Division C of the Building Code, where applicable.

9.6

All notices for inspections as described above shall not be deemed effective until the notice is acknowledged as received by the Chief Building Official in writing or by telephone.

10. FENCING CONSTRUCTION SITES 10.1

Where, in the opinion of the Chief Building Official, a construction or demolition site presents a hazard to the public, the Chief Building Official may require the permit holder to erect such fencing to the standards and specifications that the Chief Building Official deems to be appropriate in the circumstances.

10.2

When determining if a construction or demolition site presents a hazard to the public and requires the erection of fencing and the type of fencing required, the Chief Building Official shall have regard to: 10.2.1 the proximity of the construction site to occupied dwellings; 10.2.2 the proximity of the construction site to lands accessible to the public, including but not limited to streets, parks and commercial and institutional activities; 10.2.3 the hazards presented by the construction activities and materials; 10.2.4 the feasibility and effectiveness of site fencing; and 10.2.5 the duration of the hazard.

10.3

When the Chief Building Official is of the opinion that fencing is required, the permit holder shall, prior to the commencement of any construction, demolition, or placement of materials or equipment on site, erect or cause to be erected fencing to the standards required by the Chief Building Official to enclose the construction or demolition site for the purposes of preventing unauthorized entry on the site. For the purposes of this section, construction or demolition site

Page 13 of 78 shall include the area of the proposed construction or demolition and any area where materials or equipment are stored or operated. 11. OFFENCES AND PENALTIES 11.1

Any person is guilty of an offence and is subject to a penalty in accordance with Section 36 of the Building Code Act, 1992, S.O. 1992, c.23, as amended if the person: (a)

knowingly furnishes false information in any application under the Act, in any certificate required to be issued or in any statement or return required to be furnished under the Act or the regulations;

(b)

fails to comply with an order, direction or other requirement made under the Act; or

(c)

contravenes the Act, the regulations or this By-law passed under section 7 of the Act.

12. SEVERABILITY 12.1

If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this By-law and it is hereby declared that the remainder of this By-law shall be valid and shall remain in force.

13. REPEAL AND TRANSITION 13.1

By-law Number 1998-06, as amended by By-law 2002-06 and Schedule “A” to By-law 2002-97 are hereby repealed in their entirety upon the date that this By-law comes into force.

13.2

Notwithstanding sections 13.1 and 14.1 of this By-law, for any complete permit applications received prior to the effective date of this By-law, the provisions of By-law Number 1998-06, as amended shall remain in force and effect of the purpose of those permit applications.

14. EFFECTIVE DATE 14.1

This By-law shall come into force and take effect June 1, 2014.

By-law read a first, second and third time and finally passed by Council on the 20th of day May, 2014.

Ron Vandewal, MAYOR

Neil Carbone CHIEF ADMINISTRATIVE OFFICER

SCHEDULE “A” OF BY-LAW 2014-26

Page 14 of 78

Being a By-law to Regulate Construction, Demolition, and Change of Use Permits for Buildings, Structures, and All Other Related Services Within the Township of South Frontenac and to Repeal Bylaws 1998-06 and 2002-06, and Schedule “A” to 2002-97, as amended

CLASSES OF PERMITS BUILDING PERMIT: To be for the purpose of allowing all types of construction governed by the Act and the Building Code. CHANGE OF USE PERMIT: To comply with the requirements of Section 10. (1) of the Act. CONDITIONAL PERMIT: Pertains to construction only and may be issued only in accordance with Section 8.(3) of the Act. The Chief Building Official is hereby authorized to execute the written agreement referred to in Section 4 of this By-law on behalf of the Township where the Chief Building Official is satisfied that the compliance required under Section 8 of the Act has been achieved. DEMOLITION PERMIT: To be used for the demolition of all or part of a building or structure. PARTIAL PERMIT: When, a permit is applied for in accordance to the provisions of the Building By-law, in order to expedite work, the Chief Building Official may grant approval for construction to proceed for a portion of a structure.

SCHEDULE “B” OF BY-LAW 2014-26

Page 15 of 78

Being a By-law to Regulate Construction, Demolition, and Change of Use Permits for Buildings, Structures, and All Other Related Services Within the Township of South Frontenac and to Repeal Bylaws 1998-06 and 2002-06, and Schedule “A” to 2002-97, as amended

Plans, Specifications and Documentation Requirements General Information required on all plans and specifications; •

Title block containing; project title or proposed use of building, owner’s name, municipal address of the project location, scale of drawing, drawing title, date drawing produced and,

•

Designer’s contact and qualification information, in accordance with all applicable legislations.

Required Plans and Specifications for all residential properties containing not more than two dwelling units in each house and the building systems, works, fixtures and service systems appurtenant to these buildings including ancillary buildings that serve the main building; •

Architectural, structural, HVAC, site services and electrical as determined by the scope of the work involved, noting that for alterations or repairs the Chief Building Official may accept less.

Required Plans and Specifications for all other buildings including their ancillary buildings; •

Architectural, structural, mechanical (including HVAC and plumbing), site services and electrical as determined by the scope of the work involved noting that for alterations and repairs the Chief Building Official may accept less.

Additional Forms / Documents submissions (where applicable) • • • • • • •

Property Owner’s Letter of Authorization appointing an agent, or copy of deed or recent tax bill Commitment to General Review signed by all project team disciplines Building Code Data Matrix Geotechnical Investigation Report Complete Construction Specifications ( Architectural, Structural, Mechanical and Electrical) Copies of authorizations/permits from other approving agencies (Applicable Law approvals) Energy Efficiency Design Summary form for Part 9 Residential Houses

This required information is in addition to any information specified in Sections 4 and 5 of this By-law. In addition to the foregoing items, other information may be required to enable the Chief Building Official to determine whether the proposed work conforms to the Ontario Building Code.

SCHEDULE “C” OF BY-LAW 2014-26

Page 16 of 78

Being a By-law to Regulate Construction, Demolition, and Change of Use Permits for Buildings, Structures, and All Other Related Services Within the Township of South Frontenac and to Repeal Bylaws 1998-06 and 2002-06, and Schedule “A” to 2002-97, as amended

PERMIT FEES AND ADMINISTRATIVE CHARGES INDEX PART 1 - Terms and Definitions PART 2 - Fee Calculations Guide PART 3 - Fee Tables PART 4 - Refund of Permit Fees PART 1 - TERMS AND DEFINITIONS: 1.1

Non-defined terms Definitions of words and phrases used in this Schedule that are not included in the list of definitions in this Part shall have the meanings which are commonly assigned to them in the context in which they are used in this Schedule taking into account the specialized use of terms with the various trades and professions to which the terminology applies.

1.2

Defined Terms The following words and terms in this Schedule have the following meaning for the purposes of this Schedule. Project means the total estimate value of construction cost, which includes Value the cost of construction, professional designer compensation, and other similar charges.

PART 2 - FEE CALCULATIONS GUIDE: 2.1

Minimum Permit Fee Calculation The minimum fee for any permit application for work proposed shall be sixty dollars ($71.00)

2.2

Total Permit Fee Calculations The summation of all applicable fees found Tables 1 to 3 shall result in the total Permit Fee.

Page 17 of 78

PART 3 – FEE TABLES: 3.1

Classes of Projects and Fee Index Except as provided otherwise, the following permit fees shall apply:

Table 1- Permits Permit type

Base Fee

Project Type

New Buildings, Structures and Designated Structures as defined by the Building Code not listed below.

$17.00 per thousand dollars of project value

All Additions and Renovations/Alterations to buildings or structures.

$17.00 per thousand dollars of project value

Where compensating construction is required.

$17.00 per thousand dollars of project value

Pursuant to s.10 of the Building Code Act where no construction is proposed or required.

$71.00 flat fee

Complete building or structure demolition

$106.00 per structure

Partial demolition of structure or building

$71.00 per structure

Occupancy

Applicable to only projects that require occupancy pursuant to the building code.

$29.00 per unit

Partial Permit

Requested by applicant. Where a permit is issued to allow partial construction of a building.

$71.00 per request, plus applicable fees noted in Table 1

Plumbing fixtures

$10.00 per fixture trap (minimum $71.00) plus, $35.00 per cross connections to non-potable water systems as regulated by the building code, including but not limited to, hydronic heating, sprinkler and irrigation systems.

Connection to municipal water system

See By-law 2009-08, as amended, for related charges.

All new or replacement signs that require a building permit, as prescribed in the building code.

$17.00 per thousand dollars of project value

Solar photovoltaic system

As regulated by the building code

$106.00 per permit

Swimming pools (public)

As regulated by the building code

$17.00 per thousand dollars of project value

Swimming pools (private)

See By-law 2014-33, as amended, for related charges.

$17.00 per thousand dollars of project value

Tents

As regulated by the building code

$106.00 per tent

Wood stove, Fireplace or new chimney

As regulated by the building code

$71.00 per unit

Building

Change of Use

Demolition

Plumbing

Sign

Page 18 of 78

Table 2 – Clerical & Administrative Fees Function

Detail Additional Inspections

Clerical

Building Compliance Title Search

$94.00 each

Compliance Letters to other Government Authorities

$94.00 per letter

Consent & Zoning By-law Amendment Application Review and comments

$94.00 per report issued

Renewal of building permit

$71.00 per deferral of revocation of permit that may be revoked in accordance to the building code.

Review of revised permit documents

$71.00 per hour

Special requests for file research

$71.00 per hour

Transfer of Permit to new property owner

$71.00 per permit

911 roadside identification sign & installation

Civic # blade/post = $100.00 each

Construct or Demolish without Permit Issued

Double normal permit fee, $17,686.00 maximum prior to the issuance of an Order pursuant to the Building Code Act.

Non Compliance Re-Inspection

Investigations To offset additional investigative and administrative costs.

Order registered on title Issuance of Summons Subdivision Lot Grading Noncompliance

Third Party Review or Consultation

Fee $94.00 per repeat re-inspections of same stage of construction, at the Chief Building Officials discretion.

Where determined by the Chief Building Official that peer review and/or consultation by a third party consultant is required.

$118.00 per inspection. Where an Order not complied with, additional site inspections to review status of noncompliance. $590.00 per Order $590.00 a Summons plus legal expense $94.00 per site inspections or meetings to determine or observe corrective measures where grading not installed as per approved subdivision plan. The applicant or permit holder shall reimburse the municipality all fees and expenses of the consultant, in addition to the fees noted in this schedule.

Table 3 – Conditional Permits & Agreements Permit type

Conditional Building Permits Note: Where determined by the Chief Building Official that peer review and/or consultation by a third party consultant is required to process any application. The applicant shall reimburse the municipality all fees and expenses of the consultant, in addition to the fees noted in this table.

Agreement Type

Fee

Simple agreement, not listed below

$236.00, plus applicable fees noted in Table 1, and refundable deposits stipulated in the agreement.

Other agreements, including but not limited to, remediation of buildings or structures previously used as illicit marijuana grow-op or clandestine labs.

$2,358.00, plus applicable fees noted in Table 1 and refundable deposits stipulated in the agreement.

Retrofit Order from Fire Department

Applicable fees noted in Table 1

Request to use Alternative Solution

$2,358.00, plus applicable fees noted in Table 1

Request for Chief Building Official to accept Alternative Material

$2,358.00, plus applicable fees noted in Table 1

Temporary Two Dwelling Agreement

$236.00 fee, plus a refundable $10,000.00 deposit.

Temporary Trailer Agreement

$236.00 fee per unit, plus a refundable $3,000.00 deposit per unit.

PART 4 – REFUND OF PERMIT FEES 4.1

Page 19 of 78

General Provisions: (1) Refunds of fees collected under the authority of Tables 1 to 3, shall be provided in accordance with other provisions of this Part, where the; o Building Permits have been issued, but no construction has commenced, o Building Permits have not been revoked, o Building Permit Applications have not expired,

4.2

Refund Provisions for Permit Fees found in Tables 1 to 3 of this Schedule: (1) Requests for refunds must be submitted to the Chief Building Official in writing who will determine the amount of Permit Fees, if any, that may be refunded. (2) Except as provided in sentence (3), the amount of fees refundable shall be calculated based on the total of all building permit fees collected under the authority of Tables 1 to 3 of this Schedule, as follows: o 75 percent refundable if applicant cancels application prior to release of permit for issuance; o 50 percent refundable if Chief Building Official has released the permit for issuance; (3)

Notwithstanding sentence (2), no refund shall be made of an amount less than $35.50.

Page 20 of 78 Table 1- Permits

Yearly Building Services Fee Increase - as of February 1st

Permit type

Building

Change of Use

Project Type

Base Fee

2014 Base

2020

2021

Price Index 1.9%

Price Index 2.9%

Price Index 13.6%

Current Fee

2022 Fees (13.6%)

Proposed 2022 Fees (CPI 4.4%)

New Buildings, Structures and Designated Structures as defined by the Building Code not listed below

$14.00 per thousand dollars of project value

$14.27

$16.99

$19.30

$17.00

$20.00

$18.00

All Additions and Renovations/Alterations to buildings or structures

$14.00 per thousand dollars of project value

$14.27

$16.99

$19.30

$17.00

$20.00

$18.00

Where compensating construction is required

$14.00 per thousand dollars of project value

$14.27

$16.99

$19.30

$17.00

$20.00

$18.00

$60.00 flat fee

$61.14

$72.80

$82.70

$73.00

$83.00

$77.00

Complete building or structure demolition

$90.00 per structure

$91.71

$109.19

$124.04

$109.00

$124.00

$114.00

Pursuant to s. 10 of the Building Code Act where no construction is proposed or required

Partial demolition of structure or building

$60.00 per structure

$61.14

$72.80

$82.70

$73.00

$83.00

$77.00

Occupancy

Applicable to only projects that require occupancy pursuant to the building code

$25.00 per unit

$25.48

$30.33

$34.46

$30.00

$35.00

$32.00

Partial Permit

Requested by applicant. Where permit is issued to allow $60.00 per request, plus applicable fees noted in Table 1 partial construction of a building

$61.14

$72.80

$82.70

$73.00

$83.00

$77.00

$8.00 per fixture trap (minimum $60.00) plus,

$8.15

$9.71

$11.03

$10.00

$12.00

$11.00

$30.00 per cross connections to non-potable water systems As regulated by the building code, including but not limited to, hydronic heating, sprinkler, and irrigation systems

Plumbing

Plumbing fixtures

$30.57

$36.40

$41.35

$36.00

$41.00

$38.00

Construction or alteration of a Class 2, 3, 4, or 5 sewage $950.00 per sewage system system other than a Class A sewage system

N/A

$977.55

$1,110.50

$978.00

$1,112.00

$978.00

Construction or alteration of a Class A sewage system. *(Class A system represents flows greater than 4500 litres)

$1,050.00 per sewage system

N/A

$1,080.45

$1,227.39

$1,080.00

$1,227.00

$1,080.00

Installation or replacement of septic tank only

$750.00 per sewage system

N/A

$771.75

$876.71

$772.00

$877.00

$772.00

Plans Review to confirm location only of existing sewage $100.00 per sewage system system

N/A

$102.90

$116.89

$103.00

$118.00

$103.00

On-Site Review to confirm location only of existing sewage system

$250.00 per sewage system

N/A

$257.25

$292.24

$257.00

$292.00

$257.00

On-Site Sewage Review of Performance Level of Existing On-Site Systems Sewage System

$500.00 per sewage system

N/A

$514.50

$584.47

$515.00

$586.00

$515.00

Certificate of Approval renewal

$150.00 per sewage system

N/A

$154.35

$175.34

$154.00

$175.00

$154.00

Review for new lots in a subdivision, condominium, severance or lot addition

$500.00 per lot

N/A

$514.50

$584.47

$515.00

$586.00

$515.00

Review for Minor Variance application or Zoning By-Law $450.00 per sewage system amendment

N/A

$463.05

$526.02

$463.00

$526.00

$463.00

Review for Minor Variance in combination with a Review $700.00 per sewage system of Performance Level

N/A

$720.30

$818.26

$720.00

$818.00

$720.00

Review for Minor Variance in combination with a new Class 2, 3, 4, or 5 sewage system other than a Class A sewage system

$1,150.00 per sewage system

N/A

$1,183.35

$1,344.29

$1,183.00

$1,344.00

$1,183.00

All new or replacement signs that require a building permit, as prescribed in the building code

$14.00 per thousand dollars of project value

$14.27

$16.99

$19.30

$17.00

$20.00

$18.00

As regulated by the building code

$90.00 per permit

$91.71

$109.19

$124.04

$109.00

$124.00

$114.00

$14.00 per thousand dollars of project value

$14.27

$16.99

$19.30

$17.00

$20.00

$18.00

See By-law 2014-33, as amended, for related charges

$14.27

$16.99

$19.30

$17.00

$20.00

$18.00

$90.00 per permit

$91.71

$109.19

$124.04

$109.00

$124.00

$114.00

$60.00 per unit

$61.14

$72.80

$82.70

$73.00

$83.00

$77.00

Sign Solar photovoltaic system

Swimming pools As regulated by the building code (public) Swimming pools For pool fencing regulated under the Municipal Act. (private) As regulated by the building code Tents Wood Stove or Fireplace or new As regulated by the building code chimney

FROZEN for 2022

Demolition

Page 21 of 78

Table 2 – Clerical & Administrative Fees 2014 Base

2020

2021

Fee

Price Index 1.9%

Price Index 2.9%

Price Index 13.6%

Current Fee

2022 Fees (13.6%)

Proposed 2022 Fees (CPI 4.4%)

Additional Inspections

$80.00 per repeat re-inspections of same stage of construction, at the Chief Building Officials discretion

$81.52

$97.06

$110.26

$97.00

$110.00

$102.00

Building Compliance Title Search

$80.00 each

$81.52

$97.06

$110.26

$97.00

$111.00

$102.00

Compliance Letters to other Government Authorities

$80.00 per Letter

$81.52

$97.06

$110.26

$97.00

$111.00

$102.00

Consent & Zoning By-law Amendment Application Review and comments

$80.00 per report issued.

$81.52

$97.06

$110.26

$97.00

$111.00

$102.00

Renewal of building permit

$60.00 per deferral of revocation of permit that may be revoked in accordance to the building code

$61.14

$72.80

$82.70

$73.00

$83.00

$77.00

Review of revised permit documents

$60.00 per hour

$61.14

$72.80

$82.70

$73.00

$83.00

$77.00

Special Requests for File Research

$60.00 per hour

$61.14

$72.80

$82.70

$73.00

$83.00

$77.00

Transfer of Permit to new property owner

$60.00 per permit

$61.14

$72.80

$82.70

$73.00

$83.00

$77.00

911 Roadside identification Signs

Civic # blade/post & installation

$50.00

$102.90

$116.89

$103.00

$118.00

$108.00

$15,285.00

$18,198.97

$20,674.03

$18,199.00

$20,675.00

$19,000.00

Where an Order not complied with, additional site inspections to review status of non-compliance

$101.90

$121.33

$137.83

$121.00

$138.00

$127.00

Order registered on title

$500.00 per Order

$509.50

$606.63

$689.13

$607.00

$690.00

$634.00

Issuance of Summons

$500.00 a Summons plus legal expense

$509.50

$606.63

$689.13

$607.00

$690.00

$634.00

Subdivision Lot Grading Non-compliance

$80.00 per site inspections or meetings to determine or observe corrective measures where grading not installed as per approved subdivision plan

$203.80

$97.06

$110.26

$97.00

$111.00

$102.00

Function

Detail

Clerical

Double normal permit fee , $15,000.00 maximum Construct or Demolish without Permit Issued

Investigations To offset additional Non Compliance Re-Inspection investigative and administrative costs.

Third Party Review or Consultation

Prior to the issuance of an Order pursuant to the Building Code Act $100.00 per inspection

Where determined by the Chief Building Official that peer The applicant or permit holder shall reimburse the municipality review and/or consultation by a third party consultant is all fees and expenses of the consultant, in addition to the fees required. noted in this schedule.

Table 3 – Conditional Permits & Agreements

Permit type

Agreement Type

Conditional Simple agreement, not listed below Building Permits

2014 Base

2020

2021

Fee

Price Index 1.9%

Price Index 2.9%

Price Index 13.6%

Current Fee

2022 Fees (13.6%)

Proposed 2022 Fees (CPI 4.4%)

$200.00, plus applicable fees noted in Table 1, and refundable deposits stipulated in the agreement

$203.80

$242.65

$275.65

$243.00

$277.00

$254.00

$2000.00, plus applicable fees noted in Table 1 and refundable deposits stipulated in the agreement

$2,038.00

$2,426.53

$2,756.54

$2,427.00

$2,758.00

$2,534.00

Other agreements,

Note:

Including but not limited to, remediation of buildings or structures previously used as illicit marijuana grow-op or clandestine labs

Where determined by the Chief Building Official that peer review and/or consultation by a third party consultant is required to Retrofit Order from Fire Dept. process any application. The applicant shall reimburse the municipality all fees and expenses of the consultant, in addition to the fees noted in this table.

Dwelling Trailers under a Temporary living agreement

Applicable fees noted in Table 1.

Request to use Alternative Solution

$2000.00, plus applicable fees noted in Table 1

$2,038.00

$2,426.53

$2,756.54

$2,427.00

$2,758.00

$2,534.00

Request for Chief Building Official to accept Alternative Material

$2000.00, plus applicable fees noted in Table 1

$2,038.00

$2,426.53

$2,756.54

$2,427.00

$2,758.00

$2,534.00

Temporary Two Dwelling Agreement

$200.00 fee, plus a refundable $10,000.00 deposit

$203.80

$242.65

$275.65

$243.00

$277.00

$254.00

$200.00 fee per unit, plus a refundable $3000.00 deposit per unit

$203.80

$242.65

$275.65

$243.00

$277.00

$254.00

Page 22 of 78

To: Council Prepared by: Development Services Department Date of Meeting: January 11, 2022 Zoning By-law Amendment Application Subject: Z-20-17, Craig Caden, Deyos Road, Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, Bedford District

Summary This report recommends that Council pass a by-law to change the zone on the subject lands to permit a second dwelling unit in a detached accessory building.

Recommendation THAT By-law 2022-02 to amend the zone on Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, District of Bedford, Township of South Frontenac be passed.

Background Council held a virtual public meeting under the Planning Act on April 20, 2021, on the proposed amendment to Zoning By-law No. 2003-75. Council received staff reports recommending Council pass by-laws approving the rezoning application as well as an associated site plan control application (SP-02-21-B) on August 17, 2021. Council deferred deciding on these applications as they were not satisfied that the minimum 20 metre front yard required in the Rural zone could not be achieved. The applicant was provided an opportunity to revise the proposal such that the minimum 20 metre front yard required by the Rural zone would be achieved for both dwellings. The rezoning application is being brought forward to Council for a decision.

Discussion/Analysis Summary of Application The applicant has requested a zoning by-law amendment to change the Rural (RU) zone on the subject property to a site-specific Rural – Special Provision (RU-63) zone. The rezoning would permit a second dwelling unit in a detached accessory building.

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

Page 23 of 78 Township of South Frontenac Staff Report - Z-20-17, Craig Caden, Deyos Road, Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, Bedford District

The single detached dwelling would be approximately 1400 square feet in floor area and the second dwelling unit would be approximately 800 square feet in floor area. The dwelling and the second dwelling unit would share a driveway, well and sewage system. Following the public meeting, the applicant modified their application to withdraw the request for a reduced front yard. They have provided a draft site plan drawing illustrating that the two dwellings will be setback a minimum of 20 metres from the front lot line. They are working with a professional to ensure that appropriate grading around the dwellings will be achieved. They are also working to ensure they will have the required minimum separation distance between the well and sewage system (Attachment 1). Property Description The subject property is 2.2 hectares (5.5 acres) in area. The lands consist of a forested slope toward the southwest (Deyos Road). The property has approximately 290 metres of frontage on Deyos Road. Most of the frontage is a rock outcrop. The property is currently vacant. Related Applications The subject property is subject to site plan control application SP-02-21-B. Department and Public Comments Township department comments, public comments, and the public meeting are summarized in the staff report dated August 11, 2021. Planning Analysis The originally 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, in the staff report dated August 11, 2021. After Council discussion, the applicant withdrew the request for a reduced front yard for the two dwellings. The two proposed dwellings would be located in such a way that all Rural zone standards would be achieved. This is reflected in a revised proposed By-law 2021-40. It continues to be the opinion of staff that the proposed zoning by-law amendment conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject property.

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

Page 24 of 78 Township of South Frontenac Staff Report - Z-20-17, Craig Caden, Deyos Road, Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, Bedford District

Site Plan Control An application for site plan control for this development was submitted to the Township to ensure the property would be developed as shown on the original site plan drawing that was submitted with the rezoning application. Specifically, to lock in place the locations of the single detached dwelling and the second dwelling unit relative to the proposed reduced front yard for each building. It is the opinion of staff that site plan control is no longer required for the revised proposal, as both dwellings can achieve all setbacks of the Rural zone. All required setbacks and separation distances, as well as lot grading, would be confirmed on a plot plan required for the building permit application process. An entrance permit will be required from Public Services for the driveway.

Financial Implications Not applicable.

Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •

Priority: Choose an item. Action Item (if applicable): N/A

Notice/Consultation Council held a virtual public meeting under the Planning Act on April 20, 2021.

Attachments

1. Draft Site Plan/Grading Plan (IBW Surveyors, dated October 26, 2021)
2. By-law 2022-02

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Page 25 of 78 Township of South Frontenac Staff Report - Z-20-17, Craig Caden, Deyos Road, Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, Bedford District

Approvals Report Prepared By: Christine Woods, MCIP, RPP Senior Planner Submitted By:

Claire Dodds, MCIP, RPP Director of Development Services Approved By:

Neil Carbone Chief Administrative Officer

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

Page 26 of 78

Page 27 of 78

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-02 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO RURAL – SPECIAL PROVISION (RU-63) ON LANDS DESCRIBED AS DEYOS ROAD, PART 3 ON REFERENCE PLAN 13R1068, PART OF LOT 3, CONCESSION 3, DISTRICT OF BEDFORD: CRAIG WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.

THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural – Special Provision (RU-63) 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-63 (Deyos Road, Part 3 on Reference Plan 13R1068, Part of Lot 3, Concession 3, District of Bedford – Craig) immediately after Section RU-62 (984 Leland Road, Part of Lot 22, Concession 9, District of Loughborough – Green) to read as follows: RU-63 (Deyos Road, Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, District of Bedford – Craig) Notwithstanding the provisions of Section 7 or any other provision of this By-law to the contrary, on the lands zoned Special Rural (RU-63), the following provisions apply: • •

•

A second dwelling unit in an accessory building shall be permitted. A second dwelling unit shall mean an accessory building which contains one or more habitable rooms designed and occupied as an independent dwelling in which living, kitchen, and bathroom facilities are provided, and which is located on the same lot as a single detached dwelling. The single detached dwelling and the second dwelling unit in an accessory building shall be established in close proximity to each other and shall be accessed by a shared driveway and be serviced by a shared sewage system and/or well.

All other provisions of this by-law shall apply. 3.

THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this 11th day of January, 2022. Read a first and second time this 11th day of January, 2022.

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Read a third time and finally passed this 11th day of January, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

Angela Maddocks, Clerk

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Schedule 1 This is Schedule “1” to By-law No. 2022-02.

Passed this 11th day of January, 2022

Ron Vandewal, Mayor

Angela Maddocks, Clerk

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To: Council Prepared by: Development Services Department Date of Meeting: January 11, 2022 Zoning By-law Amendment Application Subject: Z-21-12, Walter and Heather Freeman (ZanderPlan Inc.), 4996 Battersea Road

Summary This report recommends that Council pass a by-law to change the zone on the subject lands to legally permit the existing dog food production business.

Recommendation THAT By-law 2022-03 to amend the zoning on lands at 4996 Battersea Road, Part of Lots 7 and 8, Concession 9, District of Storrington, Township of South Frontenac be passed.

Background Council held a virtual public meeting under the Planning Act on October 19, 2021, on the proposed amendment to Zoning By-law 2003-75. This application is being brought forward to Council for a decision.

Discussion/Analysis Summary of Application The applicant has requested a zoning by-law amendment to change the Urban Residential – First Density (UR1) zone on the subject property to Urban Industrial – Special Provision (UI-8), to legally permit the existing dog food production business. The application also requests recognizing the deficient yards between the industrial buildings and the adjacent residential properties, permitting the existing accessory dwelling unit to be occupied by someone other than a caretaker or security guard, as well as prohibiting the use of the existing agricultural buildings for livestock purposes. An expansion of the business is not proposed at this time.

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Page 31 of 78 Township of South Frontenac Staff Report - Z-21-12, Walter and Heather Freeman (ZanderPlan Inc.), 4996 Battersea Road

Property Description The subject property is located on Battersea Road in the Battersea Settlement Area. It is 3.3 hectares in area and has approximately 81.1 metres of road frontage. A watercourse flows through the southeast corner of the property. This watercourse takes water from Cedar Lake to the Milburn Creek Wetland and Loughborough Lake. The subject property is unique, as a family farm in a settlement area, where the agricultural use occurring on the property evolved into an industrial use (dog food production). The lands subject to the rezoning application contain two manufacturing buildings, an industrial freezer, 17 livestock barns (mink) and agricultural buildings, and an accessory dwelling. The land also contains the septic system that services the accessory dwelling. There is a Ministry of the Environment approved holding tank under one of the manufacturing buildings. The agricultural buildings are surrounded by a solid sheet metal fence. Related Applications The subject lands were subject to consent application S-45-20-S to create one new residential lot. The residential lot is already developed with a single detached dwelling. The Committee of Adjustment approved the consent application subject to conditions on April 8, 2021. The consent was finalized in December. The lands subject to the rezoning are all located on the retained parcel. The rezoning application was submitted separately and is not a condition of consent application S-45-20-S. Supporting Documentation A Planning Justification Report (ZanderPlan Inc., June 2, 2021) as well as an Addendum to the Planning Justification Report dated June 2, 2021 (ZanderPlan Inc., September 1, 2021) were submitted in support of the rezoning application (Attachment 1 and 2). These reports describe the business operation (e.g. hours of operation, generated traffic) and the manufacturing process for the dog food manufacturing company. This industrial facility was assessed against the Ministry of the Environment’s D-Series Guidelines, which provide environmental considerations and requirements for industrial land uses and sensitive uses. According to the reports, the dog food manufacturing business is a Class I industrial facility. A Class I industrial facility is a place of business for a small scale, selfcontained plant or building which produces/stores a product which is contained in a package and has low probability of fugitive emissions. Outputs are infrequent, and could be point or fugitive emissions for noise, odour, dust and/or vibrations. It is a daytime operation only, with infrequent movement of products and/or heavy trucks and no outside storage. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 32 of 78 Township of South Frontenac Staff Report - Z-21-12, Walter and Heather Freeman (ZanderPlan Inc.), 4996 Battersea Road

The reports assessed the appropriateness of the proposed zoning by-law amendment in the context of the surrounding area as well as its conformity with the applicable policy and regulatory framework. They suggest that the industrial uses would not create an adverse impact on adjacent land uses as the result of the emission of contaminants into or onto the air, water, or land. Also, that the use would meet the Ministry of the Environment D-Series Guidelines (D-6) regarding industrial land uses and sensitive uses. Department and Agency Comments Public Services indicated on September 30, 2021, that they have no objection to the approval of this application. Building Services did not provide comments on the application as the proposal does not involve additional development. Cataraqui Conservation indicated on September 23, 2021, that they have no objection to the approval of this application. They noted that any future development would be required to be setback a minimum of 30 metres from the watercourse and any wetlands. Public Comments A virtual public meeting was held under the Planning Act on October 19, 2021. No comments were received from members of the public at the meeting. Prior to the meeting, the Township received written comments from Edward Izatt (4997 Battersea Road), who is supportive of the application. Councillor Sleeth and Mayor Vandewal spoke in favour of the application at the meeting, noting that it is a long-standing business that provides local employment, and that it is an improvement over the farm (relative to odour). Mayor Vandewal mentioned that he thought that it would have been better to keep the house with the property. Staff response – Separating the existing single detached dwelling from the industrial use would allow both uses to continue. The separation of the existing dwelling from the business facilitates business succession planning for the current owner.

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Page 33 of 78 Township of South Frontenac Staff Report - Z-21-12, Walter and Heather Freeman (ZanderPlan Inc.), 4996 Battersea Road

Planning Analysis The subject property is designated Settlement Area due to its location in Battersea. The subject property is zoned Urban Residential First Density (UR1). Permitted uses in the UR1 zone include a single detached dwelling and existing agricultural uses. The UR1 zone does not permit industrial uses. According to the applicant, the industrial use (production of dog food) on the subject property evolved from the agricultural use but was not reliant on the agricultural use. Therefore, the industrial use is a non-conforming use. Given the complexities that would be associated with a zoning by-law amendment for an industrial use on the retained parcel (the subject lands), it was the opinion of staff that such a proposal should be considered separate from the consent application process (i.e. not as a condition of approval). The proposed zoning by-law amendment needs to be assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The Provincial Policy Statement 2020 (PPS) states that healthy, integrated and viable rural areas, which include rural settlement areas, should be supported by promoting diversification of the economic base and employment opportunities through goods and services, including value-added products (section 1.1.4). The County of Frontenac Official Plan, consistent with the PPS, promotes ways to enhance local employment based in settlement areas and along major transportation routes (section 3.2). The Township of South Frontenac Official Plan also promotes opportunities for a varied and balanced industrial/commercial base in the settlement areas (section 5.6). Planning staff agree with ZanderPlan Inc. that the proposal to legally permit the existing dog food production business meets the intent of the above policies. Section 5.6 of the Township Official Plan permits industrial uses in Settlement Areas subject to a zoning by-law amendment when Council is satisfied that the nature and scale of the proposed use is appropriate. The proposal to legally permit the existing dog food production business generally meets the industrial development policies of section 5.6.4. Specifically, the subject lands are located on Battersea Road, which is a major road (5.6.4(ii)(a)). The subject lands exceed the minimum lot area and lot frontage required for the use and to support private water and sanitary sewage disposal services (5.6.4(ii)(b)). Adequate off-street parking and loading facilities are provided (5.6.4(ii)(d)). www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 34 of 78 Township of South Frontenac Staff Report - Z-21-12, Walter and Heather Freeman (ZanderPlan Inc.), 4996 Battersea Road

The Township Official Plan indicates that residential development should not be located adjacent to commercial or industrial uses, and vice versus, in settlement areas (5.6.1(ii)(d)). This policy is difficult to implement in the Battersea Settlement Area, where most of the area is zoned for residential uses. As the proposed industrial use has existed and operated without complaint in the settlement area over many years and has evolved from an active agricultural use on the property, this use is considered compatible with the scale of surrounding residential uses in this area of Battersea. ZanderPlan Inc. (planning consultant) determined that the dog food manufacturing business is a Class I industrial facility. The D-6 Guideline assigns a 70 metre influence area around a Class I industrial facility for which impact must be assessed. The D-6 Guideline also requires a minimum 20 metre separation distance between the industrial facility and sensitive uses, such as residential. In accordance with this guideline, Zoning By-law No. 2003-75 requires a minimum 22 metre interior side yard and/or rear yard in the Urban Industrial (UI) zone abutting a residential zone or use. This 22 metre area must be maintained in an open space condition with no open storage of goods or materials. The UI zone also requires buffer planting strips (either an earth berm and/or a continuous unpierced hedgerow of tree, evergreens, or shrubs). Typically, the D-6 Guideline separation distance is measured to the property line to account for a dwelling and its amenity space. However, it is not practical to measure the separation distances for the subject lands as they are already developed with an industrial use, and they are surrounded by residential properties. As such, the planning consultant measured between the existing industrial buildings and the existing dwellings. The existing industrial buildings on the subject lands are more than 20 metres from existing dwellings on properties within the influence area, except for the dwelling on the severed parcel from Consent Application S-45-20-S. They estimated a separation distance of 17 metres in this case. There is also an existing accessory dwelling on the subject lands. The accessory dwelling is approximately 13 metres from the nearest industrial building. The planning consultant suggested that the industrial uses would not create an adverse impact on adjacent land uses as the result of the emission of contaminants into or onto the air, water, or land (5.6.4(ii)(c)). Also, that the use would meet the Ministry of the Environment D-Series Guidelines regarding industrial land uses and sensitive uses (5.6.4(ii)(f)). Although the existing industrial buildings are separated from the majority of the existing dwellings by more than 20 metres, the buildings are less than 20 metres from property lines. The setbacks range from 3.7 metres to 16.4 metres. These lesser setbacks are not www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 35 of 78 Township of South Frontenac Staff Report - Z-21-12, Walter and Heather Freeman (ZanderPlan Inc.), 4996 Battersea Road

specified in the proposed by-law, as they are addressed by section 5.10.1 of the Zoning Bylaw. Section 5.10.1 permits buildings with less than a required yard to be enlarged, reconstructed, repaired or renovated provided the required yard will not be further reduced. Any new buildings would be required to meet the UI setbacks. Given the reduced yards, particularly to the north and east where there are existing residential uses, as well as the proximity of the accessory dwelling on the property, appropriate buffering or screening is a critical component of evaluating the proposal. Appropriate buffering or screening is required where commercial or industrial uses are adjacent to residential development (5.6.4(ii)(e), 6.9). Existing trees and other vegetation along the front of the subject lands, and between the industrial buildings and the eastern property line have been identified. Any buffering between the industrial buildings and the severed parcel are located on the severed parcel. It is the opinion of staff that site plan control should be required for the subject property to ensure that existing vegetative buffers are maintained over the long term, and to require the addition of buffering or screening between the industrial buildings and the severed parcel as well as the accessory dwelling. Any further expansion of the business would then require an amendment to the site plan agreement. At that time, the owner would need to demonstrate that any expansion would be compatible with surrounding uses through appropriate studies such as a D-6 assessment for noise, odour, dust and/or vibration emissions. In addition to legally permitting the existing dog food production business and recognizing the existing building setbacks, the application also seeks to recognize the lot coverage of the accessory buildings on the subject lands, to permit the existing accessory dwelling unit to be occupied by someone other than a caretaker or security guard, and to prohibit the use of the existing agricultural buildings for livestock purposes. The application seeks to recognize the 16 percent lot coverage of accessory buildings (mainly the agricultural buildings). Planning staff consider all the buildings except the one with the dwelling unit be considered principal buildings so there is some flexibility for expansion of the business without the need for further rezoning applications, as the UI zone permits up to forty (40) percent lot coverage. The general provisions of the Zoning By-law, which permit a maximum five (5) percent lot coverage for accessory buildings, would continue to apply. As such, the proposed by-law does not specify lot coverage for accessory buildings.

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Page 36 of 78 Township of South Frontenac Staff Report - Z-21-12, Walter and Heather Freeman (ZanderPlan Inc.), 4996 Battersea Road

The subject lands contain an accessory dwelling unit in an accessory storage building. The proposed by-law includes a definition that does not specify who can occupy the dwelling unit, as the Township does not have control over who occupies a dwelling unit. In accordance with the Human Rights Code, current planning practice focuses on regulating the structure, not the occupant. Finally, the proposed by-law would prohibit the use of the existing agricultural buildings for livestock purposes. The owner intends to demolish the majority of the agricultural buildings over time. In the meantime, this prohibition would ensure that the buildings are not used to house livestock. It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject property.

Financial Implications Not applicable.

Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •

Priority: Choose an item. Action Item (if applicable): N/A

Notice/Consultation Council held a virtual public meeting under the Planning Act on October 19, 2021.

Attachments

1. Planning Justification Report (ZanderPlan Inc., June 2, 2021)
2. Addendum to the Planning Justification Report dated June 2, 2021 (ZanderPlan Inc., September 1, 2021)
3. By-law 2022-03

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Page 37 of 78 Township of South Frontenac Staff Report - Z-21-12, Walter and Heather Freeman (ZanderPlan Inc.), 4996 Battersea Road

Approvals Report Prepared By: Christine Woods, MCIP, RPP Senior Planner Submitted By:

Claire Dodds, MCIP, RPP Director of Development Services Approved By:

Neil Carbone Chief Administrative Officer

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June 2, 2021 Christine Woods, Senior Planner Township of South Frontenac Box 100, Sydenham, ON K0H 2T0 RE:

Zoning By-Law Amendment Application 4994 Battersea Road Part of Lots 7 & 8, Concession 9 Geographic Township of Pittsburgh Township of South Frontenac Owner(s): Walt Freeman and Heather Freeman

Dear Ms. Woods, ZanderPlan Inc. was retained by the property owners to assist with a Consent Application for their property located at 4994 Battersea Road to sever off the existing primary dwelling and private servicing from the remainder of the property. The retained lands stemming from the application contain several vacant agricultural buildings remaining from an historic mink operation, which recently ceased, two manufacturing buildings and an industrial freezer used for the production of custom dog food, and an accessory dwelling. The Consent was processed under File No. S-45-20-S with conditional approval granted on April 19, 2021. The proposed Zoning By-Law Amendment pertains to the retained lands stemming from the conditionally approved consent. Its purpose is to place the retained lands in a zoning classification appropriate for the manufacturing business currently operating on-site. Due to the complexity of the current use it was deemed inappropriate to tie approval of the severance to a rezoning of the retained lands. The rezoning request is not a condition of S-4520-S. This approach was discussed with and agreed to during a conference call with staff and the property owner Walt Freeman on January 11th, 2021. The entire property is currently zoned Urban Residential – First Density (UR1) zone. The severed lot will remain in the UR1 zone. The retained lands will be rezoned from Urban Residential – First Density (UR1) to a site-specific Urban Industrial – Exception (UI-x) zone.

P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 1

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SUBJECT PROPERTY The subject property is located at 4994 Battersea Road, falling in Part of Lots 7 & 8, Concession 9, in the Geographic Township of Pittsburgh (See Figure 1). The property has 225.8 metres of frontage on Battersea Road and measures approximately 4.195 hectares in size. The primary residential dwelling is located on the west side of the main driveway with an accessory dwelling and tennis court falling on the east side of the driveway. Two manufacturing buildings and an industrial freezer fall on the east side with several vacant agricultural buildings located throughout the property. Surrounding land uses consist mainly of residential dwellings on lots of varying sizes.

Figure 1 – Aerial View of 4994 Battersea Road

CONDITIONALLY APPROVED SEVERED LOT The approved Consent Application sought to sever the primary dwelling and associated well and septic system from the remaining buildings and uses. The severed lot has 144.7 metres of frontage on Battersea Road with an area of 8,283 square metres or 0.828 hectares. Four of the vacant agricultural buildings will fall on the severed lot requiring removal. The current driveway P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 2

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access will remain with the retained lands. A depressed curb, identified during a discussion with public works, falls toward the west side of the severed lot and has been determined an acceptable access point for the severed lot from Battersea Road.

RETAINED LANDS The retained lands will have 81.1 metres of frontage on Battersea Road with an area of 33,663 square metres or 3.366 hectares. The retained lands will include the majority of the vacant agricultural buildings, two manufacturing buildings and industrial freezer, and an accessory dwelling. The majority of the buildings falling on the retained lands consist of vacant agricultural buildings previously used for a mink operation. Most of these are long rectangular metal-roofed structures that covered the livestock areas. All of the agricultural buildings will eventually be removed in the near future. The two agricultural structures immediately adjacent to the severed lot on the north side of the gravel driveway will be removed as part of the severance. The retained lands will no longer function for agricultural operations. An existing manufacturing business known as Stonehenge Industries involving the production of custom dog food is also located on the retained lands. Operations take place within the identified manufacturing buildings on the provided sketch which fall on the east side of the property. An industrial freezer used for the preservation and storage of ingredients used in the dog food is located immediately south of the manufacturing buildings. Access to the business comes via the existing driveway onto the property from Battersea Road. This driveway will remain with the retained lands and continue to function as a shared access for the manufacturing use and accessory dwelling. A parking and loading area accessed from the driveway is located next to the manufacturing buildings. Overall, the manufacturing use (Stonehenge Industries) is an established use on the property which has been in operation for many years. This will be the primary use of the retained lands.

D-SERIES GUIDELINES – ENVIRONMENTAL LAND USE PLANNING GUIDES The D-Series Guidelines provide environmental considerations and requirements for industrial land use, sensitive lands, sewage and water services, and private wells. The D-1-3 Guideline provides definitions for terms relating to land use compatibility including definitions for various classes of industrial uses. The definitions for Class I, II, and III facilities are shown below: P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 3

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Class I Industrial Facility A place of business for a small scale, self-contained plant or building which produces/stores a product which is contained in a package and has low probability of fugitive emissions. Outputs are infrequent, and could be point source or fugitive emissions for any of the following: noise, odour, dust and/or vibration. There are daytime operations only, with infrequent movement of products and/or heavy trucks and no outside storage. See Guideline D-6,“Compatibility Between Industrial Facilities and Sensitive Land Uses” for classification criteria and examples to categorize a specific industry. Class II Industrial Facility A place of business for medium scale processing and manufacturing with outdoor storage of wastes or materials (i.e. it has an open process) and/or there are periodic outputs of minor annoyance. There are occasional outputs of either point source or fugitive emissions for any of the following: noise, odour, dust and/or vibration, and low probability of fugitive emissions. Shift operations are permitted and there is frequent movement of products and/or heavy trucks during daytime hours. See Guideline D6,“Compatibility Between Industrial Facilities and Sensitive Land Uses” for classification criteria and examples to categorize a specific industry. Class III Industrial Facility A place of business for large scale manufacturing or processing, characterized by: large physical size, outside storage of raw and finished products, large production volumes and continuous movement of products and employees during daily shift operations. It has frequent outputs of point source and fugitive emissions of significant impact and there is high probability of fugitive emissions. See Guideline D-6, “Compatibility Between Industrial Facilities and Sensitive Land Uses” for classification criteria and examples to categorize a specific industry. The existing industrial manufacturing use on the property is small scale and self-contained within two buildings on the property. The product is stored in packaging for sale to pet owners and has a very low probability of fugitive emissions. There are no expected outputs from the manufacturing process, operations are limited to daytime hours, and truck traffic is minimal. There are no outdoor waste storage areas and no shift operations. Overall, the use meets the definition for a Class I Industrial facility. This conclusion is supported by the D-6-1 Guideline for Industrial Categorization, as seen in the table below.

P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 4

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D-6-1 – Industrial Categorization Criteria Category / Class

Outputs

Scale

Process

Class I

• Noise: Sound not audible off property

• Dust and/or Odour: Infrequent and not intense

• Vibration: No ground borne vibration on plant property

• No outside storage

• Small scale plant or scale is irrelevant in relation to all other criteria for this Class

• Self contained plant or building which produces/stores a packaged product. Low probability of fugitive emissions

Operation / Intensity

• Daytime operations only
• Infrequent movement of products and/or heavy trucks

Possible Examples

• Electronics manufacturing and repair
• Furniture repair and refinishing
• Beverages bottling
• Auto parts supply
• Packaging and crafting services
• Distribution of dairy products
• Laundry and linen supply

Class II

Class III

• Noise: Sound occasionally audible off property

• Dust and/or Odour: Frequent and occasionally intense

• Vibration: Possible groundborne vibration, but cannot be perceived off property

• Outside storage permitted

• Medium level of production allowed

• Open process

• Periodic outputs of minor annoyance

• Low probability of fugitive emissions

• Shift operations permitted

• Frequent movement of products and/or heavy trucks with the majority of movements during daytime hours

• Noise: sound frequently audible off property

• Dust and/or Odour: Persistent and/or intense

• Vibration: Groundborne vibration can frequently be perceived off property

• Outside storage of raw and finished products

• Large production levels

• Open process

• Frequent outputs of major annoyances

• High probability of fugitive emissions

• Magazine printing

• Paint spray booths

• Metal command

• Electrical production manufacturing

• Manufacturing of dairy products

• Dry cleaning services

• Feed packing plant

• Continuous movement of products and employees

• Daily shift operations permitted

• Manufacturing of paint and varnish

• Organic chemicals manufacturing

• Breweries

• Solvent recovery plants -Soaps and detergent manufacturing

• Manufacturing of resins and costing

• Metal manufacturing

Based on the criteria listed above for the various industrial use classifications and some of the examples given it can be concluded the existing industrial use represents a Class I facility with respect to the D-Series Guidelines. P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 5

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Guideline D-6 provides policies for Compatibility between Industrial Facilities to asses potential impacts on sensitive land uses. Compatibility is measured using two different factors: Potential Influence Areas and required Separation Distances. A class I industrial use has an influence area of 70 metres and a separation distance of 20 metres. Given the actual influence area of an industrial facility is specific to that use the D-Series Guidelines established these general influence areas based on case studies and past experience. Influence areas are not setbacks which must be met for new development in proximity to sensitive land uses, but rather a reference for which to assess industrial uses. Depending on the circumstances separation distance can be measured in one of two ways. The preferred method for measuring separation involves the site-specific plan approach whereby measurements are taken from the closest existing, committed or proposed property/lot line of the industrial land use to the property/lot line of the closest existing, committed or proposed sensitive land use. This approach is generally applied when a separate land holding, such as a parcel / lot or a public road allowance, falls in between the sensitive land use and the industrial use. However, the site specific approach cannot be applied to industrial uses that share a common lot line with an abutting sensitive land use, and vice versa, since the closest existing, committed or proposed property/lot line is the same for both. In these circumstances the general plan approach is implemented whereby separation distance is measured from the area(s) designated for industrial use to the area(s) designated for sensitive land use. Both methods would apply to the current industrial use on-site.

Figure 2 – Separation Distances from Nearby / Abutting Land Uses P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 6

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Uses to the north of the subject property are separated by the road allowance for Battersea Road. Based on figure 2 above the properties directly across from the industrial use at 4987, 4997 and 5007 Battersea Road are all more than 20 metres from the subject property, measured lot line to lot line. The sensitive uses at 4958 and 5022 Battersea Road respectively are well in excess of 20 metres from the industrial use when measured from the areas of development on each parcel to the area of the industrial use on the property. The only potential conflict is the separation between the industrial use and the dwelling located on the proposed severed lot S-45-20-S. The approximate separation is 17 metres. However, the industrial use was established on the same lot as the existing dwelling previously which would not have required on-site separation. Given both structures are existing buildings the current separation should be recognized. The operators of the business have resided in the dwelling since the industrial use’s inception. Based on the definition set forth in the D-1-3 Guideline, and the Industrial Categorization Criteria identified in Guideline D-6-1, the existing use would be considered a Class I Industrial Use. The current lot meets the minimum separation distance from sensitive uses / lots on the north side of Battersea Road, and the existing buildings are situated in a location on-site well separated from areas of development on abutting sensitive use lots. Overall, the existing Class I use would comply with the D-6 Guilelines for Compatibility Between Industrial Facilities.

PROVINCIAL POLICY STATEMENT (PPS), 2020 The Provincial Policy Statement was issued under section 3 of the Planning Act and came into effect May 1, 2020. It replaces the Provincial Policy Statement issued April 30, 2014. The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development while providing for appropriate development and protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment. Section 1.0 of the PPS speaks to Building Strong Healthy Communities with policies for Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns in Section 1.1. The manufacturing use on the subject property has been operating for several years representing a land use that contributes to the financial well-being of the Township (Sec. 1.1.1a). The approved Consent separated the existing dwelling onto its own lot while leaving the existing accessory dwelling with the manufacturing use, maximizing the range and mix of residential uses possible for the property (Sec. 1.1.1b). Both the manufacturing P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 7

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buildings and industrial freezer are established structures which will not result in any environmental or health and safety concerns and would not prohibit the settlement area from future expansion (Sec. 1.1.1c & 1.1.1d). The use is fully serviced with access to a County Road minimizing the need for new land or servicing expansions to accommodate the business (Sec. 1.1.1e). The existing infrastructure will meet the current and projected needs of the business (Sec. 1.1.1f) and will conserve biodiversity in nearby natural areas (Sec. 1.1.1h). Overall, preserving the existing business on the retained lands will help sustain a healthy, liveable and safe community. Section 1.1.3 of the PPS speaks to Settlement Areas applicable due to the property being located in the Settlement Area of Battersea. Settlement Areas shall be the focus of growth and development (1.1.3.1). The existing land use and its continued use represents the most efficient use of the retained lands, appropriately use the available infrastructure available, and minimize impacts on air quality and climate change through self-contained manufacturing processes (1.1.3.2). The conditionally approved consent application implements development standards allowing the severance of the dwelling to continue without impact on the existing business (1.1.3.4). There are no settlement area expansions proposed as part of the rezoning. Section 1.2.6 of the PPS speaks to Land Use Compatibility between major facilities and sensitive land uses. Major facilities shall be planned and developed to avoid, minimize and mitigate potential impacts from odour, noise and other contaminants on surrounding uses. The manufacturing use on the property has continued for several years in proximity to existing developed residential uses. There are no expansion plans or new buildings proposed as part of the rezoning request. Continued use of the property as a manufacturing business for custom dog food is not expected to create any new or adverse impacts on abutting properties. Section 1.3 of the PPS speaks to Employment stating planning authorities shall promote development and competitiveness by providing for an appropriate range and mix of land uses including a broad range of employment uses (1.3.1a). Planning authorities shall maintain a range and choice of suitable sites for employment uses (1.3.1b) and encourages compact mixed-use development that incorporates compatible employment (1.3.1d). The manufacturing business is established on the property and represents a suitable site for the continued manufacturing of custom dog food. The compact design of the business will allow for the severance of the existing house, maintenance of the existing accessory dwelling, and the removal of agricultural buildings which represent a larger overall risk to neighbouring properties than the self-contained manufacturing business. Agricultural uses represent a lower overall employment potential for the property than the current manufacturing use. P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 8

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Section 1.4 of the PPS speaks to Housing. The subject property already contains an accessory dwelling supported by the housing policies of the PPS. No new residential uses are proposed for the property. Section 1.6.8 of the PPS speaks to Transportation and Infrastructure Corridors stating planning authorities shall plan and protect corridors and rights-of-ways for transportation, transit and electricity generation and transmission facilities (1.6.8.1). Major movement facilities and corridors shall be protected for the long term (1.6.8.2). The manufacturing business is established on-site already accessing and utilizing Battersea Road for movement and delivery of goods and products. Continue use of the property would not preclude or negatively impact the corridor for continued use (1.6.8.3). No new development is proposed which may create increased demands on the corridor. Section 1.8 of the PPS speaks to Energy Conservation, Air Quality and Climate Change with a focus on decreasing greenhouse gas emissions and preparing for the impacts of climate change through land use and development patterns. Recognizing the existing manufacturing business, a major employment use within the settlement area, on the property will ensure the use is well served by transit where it exists (1.8.1c) with access to major highways which are freightsupportive (1.8.1d). Continued use of the existing buildings will allow for the maintenance of existing vegetation and green infrastructure to better screen and buffer surrounding uses (1.8.1f & 1.8.1g). Section 2.0 of the PPS sets forth policies for the Wise Use and Management of Resources with provisions for Natural Heritage found in Section 2.1. The property does contain a small watercourse which crosses part of the rear (south) side of the property. Established fencing separates the watercourse from the manufacturing uses and area. Continued use of the property for manufacturing will ensure nearby natural features are protected for the long term (2.1.1) and connectivity of natural features is maintained (2.1.2). As the buildings and use us established there is no new development or site alteration proposed within or adjacent to any natural heritage features, fish habitat, habitat of threatened and endangered species (2.1.4 – 2.1.8). The agricultural uses on the property have ceased and will not continue (Sec. 2.3). There are no minerals, petroleum, or aggregate resources identified for the property pursuant to the remaining subsections of Section 2.0 of the PPS. There are no natural or man-made hazards on or abutting the property that would require the policies of Section 3.0 of the PPS to be addressed. Overall, rezoning of the subject property to P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 9

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recognize the existing manufacturing use on the property would be supported by the policies of the Provincial Policy Statement, 2020.

TOWNSHIP OF SOUTH FRONTENAC OFFICIAL PLAN The subject property is located within the Settlement Area designation on the Township of South Frontenac Official Plan Schedule A – Land Use (See Figure 3). All surrounding uses fall within the Settlement Area designation.

Figure 3 – South Frontenac Official Plan Schedule A – Land Use

Section 4.0 of the Official Plan sets forth several Goals and Objectives for the Township. Section 4.1 sets forth the Natural Heritage Goal aimed at the protection of the Township’s environmental quality. Ensuring the continued use of the on-site buildings for the manufacturing use represents sustainable development that meets the needs of the present without compromising future generations. Existing buildings and activity areas relating to the business are well separated from the natural heritage features ensuring no net loss of environmental quality. Surface / subsurface water quality will not be impacted through the continued use of the manufacturing buildings. Natural vegetation along the watercourse and along the road will be maintained through the continued use of the buildings in their current locations. Overall, the manufacturing use meets the natural heritage goal of the Official Plan.

P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 10

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Section 4.2 of the Official Plan sets forth the Housing Goal aimed at meeting the needs of residents while reducing land use conflicts and minimizing servicing costs. The current business has full private services which will not contribute to any increased servicing costs for continued use of the property. The rural character of the settlement area will be maintained and the severed lot with the existing house is large enough to meet applicable zoning provisions while leaving adequate area, frontage and access for the manufacturing business on the retained lands. The accessory dwelling on the property will continue to provide a range of housing options in addition to the existing business. Overall, the housing potential of the property has been met in accordance with the Housing Goal of the Official Plan. Section 5.6 of the Official Plan sets forth provisions for Settlement Areas with Residential Policies located under Section 5.6.1. A single detached dwelling like that found on the severed lot is a permitted use in the Settlement Area (Sec. 5.6.1(i)). Development serviced by private well and sanitary services shall have a minimum lot area of not less than 0.8 hectares for a single detached dwelling (Sec. 5.6.1(i)b). Development of single, semi or duplex style dwellings should not be located adjacent to higher density residential, commercial or industrial uses. In the event such uses are adjacent to single dwellings appropriate buffering or screening shall be provided (Sec. 5.6.1(i)d). The proposed severance will measure greater than 0.8 hectares in size to accommodate the existing private servicing. The existing industrial use on the retained lands has operated next to the residential use on the same property for several years. Once separated buffering between uses in accordance with the policies of the Official Plan would be required. Section 5.6.4 of the Official Plan Settlement Area policies speaks to Industrial Policies and Permitted Uses. Uses permitted include light industrial uses such as workshops; service shops; manufacturing, processing and assembly operations; concealed storage and warehousing facilities; motor vehicle repair garages and research establishments. Additionally, uses accessory to the various permitted uses such as business offices or a residence for a caretaker or watchman are allowed (Sec. 5.6.4.i). This definition would permit the manufacturing and processing of custom dog food on the property. Industrial Development policies are found under Section 5.6.4.ii of the Official Plan. The existing manufacturing business is supported by these policies as industrial uses shall generally be located on major roads (5.6.4.ii.a) such as Battersea Road which provides frontage for the property. The business has used the site and access to Battersea Road for several years and its continued use is not expected to generate any traffic hazards. The lot measures 3.366 acres in size, well above the minimum 0.8 hectares with adequate frontage and spacing for private P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 11

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services (5.6.4.ii.b). The manufacturing is contained within the on-site buildings and does not create any emissions or contaminants that would adversely impact adjacent property owners 5.6.4.ii.c). The D-Series Guidelines were provided earlier in this report to further address setbacks and buffering. The current use has adequate parking and loading facilities in place to support the manufacturing (5.6.4.ii.d) and the buildings are well setback from the travelled road (5.6.4.ii.e). The continued use of the property for custom dog food manufacturing is supported by the Industrial Development policies for Settlement Areas. Section 6.0 of the Official Plan sets forth General Policies generally applicable to the entire Township or which are not related to specific land use designations. Section 6.9 of the Official Plan provides the following wording on buffering: In order to reduce or eliminate the adverse effects of one land use upon another or overcome the conflicts between land uses, the Township will require buffering to be provided. A buffer may be defined as any space or feature placed between two conflicting uses in order to reduce or eliminate conflicts. A buffer may be open space where distance is relied upon to produce the desired results, or it may be a berm, wall, fence, planting strip or land use different from the two conflicting ones but compatible with both, or any combination sufficient to achieve the intended purpose. Buffering provisions will generally be implemented through site plan control and through provisions in the Zoning By-law. As the primary dwelling is proposed to remain the open space between it and the manufacturing use will not change. The severance will follow an existing rock wall which acts as a separation barrier between the residential yard and manufacturing area. Abutting properties will be well screened and buffered from the manufacturing use (See Figure 4). 5022 Battersea Road, falling to the east and south of the subject property, has an existing dwelling located in the northeast corner of the lot approximately 100 metres from the manufacturing use. Existing vegetation on the subject property and the open space area on the abutting lot provides adequate separation of the dwelling and manufacturing. Existing vegetation along the front of the property provides screening from residential uses to the north. Ample treed areas and the location of the manufacturing buildings on the east side of the property provides more than sufficient buffering and separation for dwellings to the west. In time the various agricultural buildings will be removed increasing open space between the industrial buildings and sensitive uses to the west.

P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 12

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Figure 4 – Abutting Uses and Vegetative / Open Space Buffering

Section 6.10 of the Official Plan sets forth Servicing policies to ensure the adequate supply of potable water and sanitary disposal. The approved severed lot has already been assessed with respect to servicing as part of the Consent application. The existing manufacturing business and accessory dwelling unit on the subject property to be re-zoned are already serviced by adequate private water and sewage disposal in accordance with the policies of the Official Plan. Section 6.20 of the Official Plan speaks to Influence Areas which are recognized as a means of protecting incompatible land uses from being in close proximity to each other. Influence areas are specific to the designation or type of use proposed and will be based on provincial guidelines where possible. The D-Series Guidelines provide policy direction for separation distances and influence areas relating to Class I, II, and III industrial land uses and were addressed in detail earlier in this report. The proposed Consent application has already been addressed with respect to the Division of Land policies found under Section 7.0 of the Official Plan. The existing industrial business and its continued use on the property is supported by the policies of the Township of South Frontenac Official Plan, subject to the re-zoning of the property to a suitable zone classification to recognize the existing use.

P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 13

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TOWNSHIP OF SOUTH FONTENAC ZONING BY-LAW 2003-75 The subject property is zoned Urban Residential – First Density (UR1) zone on the Township of Sounth Frontenac Zoning by-Law Schedule H, and as seen on the Frontenac Maps GIS mapping (See Figure 5). All uses surrounding the property fall in the Urban Residential – First Density or a site-specific Urban Residential – First Density Exception zone. The current zoning is suitable for the approved severance, but a Zoning By-Law Amendment application for the retained lands is required. The Zoning Amendment will seek to re-zone the retained lands from Urban Residential – First Density (UR1) to a site-specific Urban Industrial – Exception (UI-x) zone.

Figure 5 – Zoning of the Subject Property

Section 5.0 of the Zoning By-Law sets forth the General Provisions for development within the Township applicable to all lands. Section 5.6 sets forth provisions for Setback from Private Lane and Private Roads. All development shall be setback a minimum of 5 metres from the travelled portion or surveyed edge (5.6.1), no closer than 15.25 metres from the centre of the right-ofway of the road allowance for former Highway 38 and County of Frontenac Roads (5.6.2.1), and no closer than 10 metres from the centre of the right-of-way of the road allowance for all other public roads in the Township (5.6.2.2). The two existing manufacturing buildings are located 57 metres and 65 metres respectively from the centre of the right-of-way of the road allowance of Battersea Road. The industrial freezer falls 101 metres from centre. The existing building setbacks are more than sufficient to meet the setback requirements of Section 5.6. P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 14

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Section 5.19 of the Zoning By-Law speaks to Dwelling or Dwelling Unit as an Accessory Use in a Non-Residential Setting. The property contains an accessory dwelling located adjacent to one of the manufacturing buildings which is permitted with a private water supply and private sewage disposal system (5.19.1). The accessory dwelling has separate bathroom and kitchen facilities from the non-residential use (5.19.2), has a separate parking space from the parking area for the non-residential use (5.19.3) and has a separate building entrance (5.19.4). The existing accessory dwelling is supported in its current location by the policies of Section 5.19. Section 5.24 of the Zoning By-Law speaks to Accessory Buildings. The subject property contains nearly twenty (20) accessory agricultural buildings left over from the previous agricultural uses on the property. These buildings consist mainly of metal roofed structures previously used for housing livestock. The total lot coverage of accessory buildings and structures is 5% of the lot area, with an additional 5% for pools and tennis courts. Lot coverage shall not exceed the principle uses (5.24.1). The accessory structures are proposed to be retained as part of the rezoning. Overall, their total area is 5,767.5 square metres representing a lot coverage of 17.1%. The manufacturing buildings / principal use of the property total 1,061.8 square metres. The accessory uses are not used for human habitation (5.24.3), and all accessory uses are greater than 3 metres from principal buildings (5.24.6). An exception will be sought as part of the Zoning Amendment to recognize the existing lot coverage of the accessory buildings on-site. Section 5.30 of the Zoning By-Law speaks to Off-Street Parking Provisions to be provided for uses, buildings and structures, to be located on the same property as the use or on a lot within 60 metres of the use. An industrial establishment requires parking to be provided at a rate of one space for every 37 square metres of gross floor area (5.30.1.20). The industrial freezer does not account for gross floor area relating to manufacturing. Its purpose is for storage of product. The two manufacturing buildings total 798 square metres in size requiring the provision of 21.5 or 22 parking spaces on-site. A total of 14 parking spaces are depicted on the zoning amendment sketch, but ample room exists on-site to meet the additional parking requirement up to 22 spaces. In reality, the business has few extended stay customers and 22 spaces is more than adequate to meet the requirement for employees. Each space will meet the size and locational criteria set forth in the zoning by-law. Section 5.31 of the Zoning By-Law speaks to Off-Street Loading Space Requirements. At 798 square metres of manufacturing space the site requires the provision of one loading space onsite (5.31.1.1) measuring 9.0m by 3.5m with a vertical clearance of 4.0 metres (5.31.2). The loading space on-site is located within the main parking area for the use in accordance with the policies and provisions of the Zoning By-Law. P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 15

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Section 5.35 of the Zoning By-Law speaks to Minimum Distance Separation for livestock / agricultural uses. Although the property contains several agricultural buildings the livestock previously farmed are no longer present. The site does not function for the keeping of livestock. As such, the policies of Section 5.35 do not apply. Section 21 of the Zoning By-Law sets forth policies and permitted uses for the Urban Industrial (UI) zone. The zone permits “any manufacturing, processing or warehousing undertaking including storage warehousing” (21.2). The zoning standards for the existing industrial buildings are provided for in the table below.

Zoning Table for Manufacturing Business (Principal Uses) – UI Zone Zone Provision Lot Area (min) Lot Frontage (min) Front Yard (min) Rear Yard - when abut. a Residential Zone (min) (Sec.21.3.3) Interior Side Yard – when abutting a Residential Zone (min)(Sec.21.3.3) Exterior Side Yard (min) Lot Coverage Height (max)

Requirement 8000m2 76.0m 8.0m 22.0m

22.0m 8.0m 40% 11.0m

Existing Development 33,663m2 81.1m 47.2m (industrial use) 32.1m (accessory dwelling) 143.0m (freezer) 158.5m (industrial use) 204.0m (accessory dwelling) 9.4m (freezer) 16.4m (industrial use) 41.7m (accessory dwelling) N/A 20.5% < 11.0m

The industrial freezer would likely represent an accessory use not attached to the principal building. The freezer was constructed under an approved building permit and is located more than 1.5 metres from the interior side and rear yards and is less than 4.5 metres in height (21.3.2). Notwithstanding the provisions of Section 20.3 where an interior side and / or rear yard abuts a residential zone the minimum setback shall be 22 metres and shall be maintained in an open space condition. Open storage of goods is not permitted. The existing industrial freezer is located only 9.4 metres from the side lot line which contains a residential use. The closest manufacturing / industrial building is located 16.4 metres from the side lot line. An exception will be required to recognize the deficient setback. All existing vegetation and buffering between the uses and side lot line will be retained. Pursuant to Section 21.3.4 for lands abutting a public road allowance which has a residential use on the opposite side a buffer planting strip shall be provided along the road. The planting P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 16

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strip shall consist of a berm and / or an unpierced row of trees or shrubs not less than 2.0 metres high and 3.0m wide to be interrupted only by driveways or pedestrian walks. Existing vegetation along the front of the property would meet the landscaping / planting strip requirements for the existing industrial use. In total, two exceptions will be sought as part of the proposed site-specific Urban Industrial (UIx) zone for the existing industrial use on the property:

1. An exception to Section 5.24 to recognize the current lot coverage of accessory buildings of 17.1% (Maximum 5%).
2. An exception to Section 21.3.3 to recognize the existing interior side yard setback of 16.4 metres for the industrial use, and 9.4 metres for the industrial freezer, if required (Minimum 22.0m when abutting a residential zone).

SUMMARY The subject property at 4994 Battersea Road received recent conditional Consent approval under File No. S-45-20-S to sever a 0.8 hectare lot containing an existing dwelling and associated private servicing. The retained lands from the Consent application contain a Class I Industrial Facility used for the production of custom dog food. The proposed Zoning By-Law Amendment will seek to re-zone the retained portion from Urban Residential – First Density (UR1) to a site-specific Urban Industrial – Exception (UI-x) zone. The exceptions required are to recognize the existing lot coverage of accessory uses of 17.1%, whereas the by-law permits a maximum of 5%, and to recognize the existing side yard setbacks for the industrial building and freezer of 16.4 metres and 9.4 metres respectively, whereas the by-law requires 22 metres when abutting a residential use. All development is existing and can comply with the separation distances set forth in the D-Series Guidelines. Should you have any other questions please contact the undersigned. Sincerely,

Chris Clarke, B.Sc., CPT P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 17

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September 1, 2021 Christine Woods, Senior Planner Township of South Frontenac Box 100, Sydenham, ON K0H 2T0 RE:

Addendum to the Planning Justification Report dated June 2, 2021 Zoning By-Law Amendment Application 4994 Battersea Road Part of Lots 7 & 8, Concession 9 Geographic Township of Pittsburgh Township of South Frontenac Owner(s): Walt Freeman and Heather Freeman

Dear Ms. Woods, ZanderPlan Inc. submitted an application for a Zoning By-Law Amendment for the property located at 4994 Battersea Road in June of 2021. A Planning Justification Report dated June 2, 2021 accompanied the submission. Comments were received July 27, 2021 recommending some additions and revisions to the application, sketch and planning justification to deem the rezoning application complete. This Addendum to the Planning Justification Report dated June 2, 2021 will provide the additional information needed to process the Zoning Amendment. A comment was made the original justification report focused more on the severance than the rezoning for the manufacturing business. The addendum will provide a detailed breakdown of Stonehenge Industries, customers, truck traffic, and anticipated future growth along with additional justification of the D-Series Guidelines, the County Official Plan and the Township Official Plan. An Application for Consent was processed under File No. S-45-20-S with conditional approval granted on April 19, 2021 to sever off the existing primary dwelling and private servicing from the remainder of the property. The retained lands stemming from the application contain an accessory dwelling, several vacant agricultural buildings remaining from an historic mink operation, which recently ceased, two manufacturing buildings and an industrial freezer. The manufacturing buildings and freezer currently support Stonehenge Industries an existing manufacturing business specializing in the production of custom dog food. P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 1

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The entire property is currently zoned Urban Residential – First Density (UR1) zone. The severed lot will remain in the UR1 zone as it was given the required minimum frontage and area per the Zoning By-Law. The retained lands will be rezoned from Urban Residential – First Density (UR1) to a site-specific Urban Industrial – Exception (UI-x) zone to recognize the existing Class 1 Industrial Use (Stonehenge Industries) as a permitted use, to add an accessory dwelling as a permitted use, and to seek site specific exceptions for existing manufacturing building setbacks and lot coverage for accessory uses. The UI zone permits any manufacturing, processing, or warehousing undertaking including

storage warehousing, and any business or professional offices accessory to a permitted industrial use per Section 21.2 of the Zoning By-Law. The UI zone also permits an accessory dwelling unit for a caretaker or security guard, in accordance with the provisions of Section 5.19. The existing accessory dwelling is not occupied by a caretaker or security guard, it is a separate dwelling unit independent of the business. As such, an exception is required to recognize it as a permitted use.

STONEHENGE INDUSTRIES Stonehenge Industries started as a family business in 1956 and re-structured to become Stonehenge Industries in 1992. The business specializes in the blending of raw meat based dog feeds, a more environmentally friendly form of production compared to the cooking, drying and packaging involved in highly processed dog foods. Ingredients include chicken, beef, fish and eggs which are fine ground and mixed together then frozen in 40 pound blocks. Using a bandsaw, the blocks are cut into 40 pieces producing roughly 1 pound of feed per piece. The products sold are not cooked and ingredients are immediately frozen, or chilled then frozen within 24 hours. The manufacturing process does not involve any cooking or other activities that would create odours, gas or steam that could impact the proposed severance or abutting residential uses. Ingredients are fully contained within the industrial freezer and manufacturing buildings. All the ingredients have come from human food plants inspected by Federal or Provincial Agents. Normal business hours are Monday to Friday 8am to 12pm, and 1pm to 5pm. Saturdays the business is open from 8am to 10am, and it is closed on Sundays and holidays. Currently, about 2/3 of the production is trucked off-site for retail sale. The remaining 1/3 is purchased by customers of the business. The business averages ten (10) customers per day in a normal week, and five (5) customers on Saturday. There are four (4) employee vehicle trips to the site each P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 2

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day. Overall, the site experiences approximately 75 vehicle trips per week including customers and employees. Employees would likely all be arriving and departing at similar times, but with only four vehicles traffic impacts are highly unlikely. Customer trips of ten per day spread over an eight hour day accounts for an average of slightly more than one vehicle trip per hour. The business has a truck with an 8,000 pound capacity used for the transport of ingredients and products. The truck makes two (2) trips to the site per day Monday to Friday. Large trucks with a 50,000 pound capacity also visit the site but trips are limited to two (2) per month. Battersea Road is a well travelled County Road. Though the site generates roughly 75 vehicle trips and 10 truck trips per week, when considered over eight hour days the total vehicle travel per hour is minimal. Compared to typical daily travel the site is not a significant generator of traffic. All manufacturing buildings on-site are currently serviced by existing hydro lines on the property. An additional hydro line crossing the severed lot stemming from S-45-20-S provides power to the building closest to the severance. The manufacturing building is serviced by a holding tank located under the floor on the south side of the building. This tank was recently inspected by MOE. A well is also located under the building at the north end. This well also services the accessory dwelling. A second well is located per the provided sketch. Regarding future development and/or expansion of the business it is anticipated demand will continue to grow and expansion of the business will result. Within the time horizon of five (5) years it is anticipated one more employee vehicle will be added bringing the potential of five (5) additional employee trips per week. Customer traffic is expected to double in the next five years to twenty (20) customers per day. Large truck deliveries are expected to double as well to four (4) per month or once per week. Although vehicle and truck traffic is expected to increase as the business grows the overall impact on the road and surrounding properties is not expected to create any adverse impacts. Settlement Areas are the focus of growth and development in accordance with the PPS. The existing manufacturing business Stonehenge Industries is an established family business in operation for nearly 60 years in the Settlement Area of Battersea. The business provides an essential service difficult to find in more rural areas. The rezoning will permit the business to continue to operate in conjunction with other properties in the area allowing the Settlement Area to thrive and grow.

P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 3

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ACCESSORY DWELLING An accessory dwelling is located to the north of one of the existing manufacturing buildings as seen on the provided sketch. The accessory dwelling contains three floors. The top two are living space for the tenant, and half the ground floor is garage space for a single car. Fifteen percent of the remaining space comprises the mechanical room for the residence. The remainder is storage space. The dwelling unit is serviced by a well and septic system as shown on the provided sketch. No change to the accessory use will occur from the rezoning. The exception zone will seek to recognize the accessory dwelling, but not as a residence for a caretaker or security guard.

ACCESSORY BUILDINGS The lands to be re-zoned contain several accessory structures left over from a previous agricultural use. One of the proposed exceptions included in the rezoning of the lands is to permit a lot coverage of greater than 5% of the lot area for accessory uses. As part of the Consent application 6 of the agricultural buildings were required to be removed, four on the severed lot and two on the retained. These buildings have been removed and inspected by a building official for the Township. The owner is proposing to keep the remaining accessory buildings as part of the rezoning. Currently, there is no use proposed for these accessory buildings. The owner is investigating possibilities for their continued use. Possibilities include utilizing the areas under the roofed portion as gardens for vegetables or utilizing the structure to fit solar panels for green energy production. Until the structures are deemed unusable the owner would like to recognize them through the rezoning. They will not be used for livestock now or in the future. New wording could be included in the site-specific exception zone to prohibit the use of the accessory buildings for livestock purposes. If a use is determined for which the structures are suitable which is not recognized by the current UI-x zone then a future zoning by-law amendment to add any additional permitted uses will be required. There is currently no plan for the remainder of the property if the existing structures are removed.

P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 4

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D-SERIES GUIDELINES – ENVIRONMENTAL LAND USE PLANNING GUIDES The D-Series Guidelines provide environmental considerations and requirements for industrial land use, sensitive lands, sewage and water services, and private wells. The D-1-3 Guideline provides definitions for terms relating to land use compatibility including definitions for various classes of industrial uses. The Planning Justification submitted with the rezoning application specified the existing use as a Class I Industrial Facility. Further justification for this class was requested. The definition of a Class I facility is provided below: Class I Industrial Facility A place of business for a small scale, self-contained plant or building which produces/stores a product which is contained in a package and has low probability of fugitive emissions. Outputs are infrequent, and could be point source or fugitive emissions for any of the following: noise, odour, dust and/or vibration. There are daytime operations only, with infrequent movement of products and/or heavy trucks and no outside storage. See Guideline D-6,“Compatibility Between Industrial Facilities and Sensitive Land Uses” for classification criteria and examples to categorize a specific industry. The determination of no expected outputs from the business / manufacturing was made based on the historic use of the property. Truck and vehicle travel associated with the development is minimal. The vehicles are not of a size that would result in any vibrational impacts on nearby properties and no other activities related to the business would generate any vibrations. The existing driveway access is established with compacted gravel to minimize dust. Existing vegetation along the eastern property line would help protect the neighbouring use from any dust generation that may occur. The driveway usage will not generate significant impacts on the dwelling recently severed as vehicle / truck trips are limited to one or two per hour. The manufacturing process is entirely self-contained within the existing buildings producing a raw food product with no probability of fugitive emissions. There is no cooking of products and all materials used are kept inside an industrial freezer limiting any odours related to the business. Some minor noise related to on-site vehicle movement and activities are expected but the noise levels should not impact any abutting properties. There have been no known comments or objections from neighbours stating that the historic use of the property for the manufacturing business has resulted in any impacts that would suggest the business is anything more than a Class I facility. Hours of operation, truck and vehicle traffic, and future expansion possibilities have been outlined earlier in this report. The D-6-1 Categorization criteria are outlined below. P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 5

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D-6-1 – Industrial Categorization Criteria Category / Class

Class I

Class II

Outputs

• Noise: Sound not audible off property
• Dust and/or Odour: Infrequent and not intense
• Vibration: No ground borne vibration on plant property

Scale

• No outside storage
• Small scale plant or scale is irrelevant in relation to all other criteria for this Class

Process

• Self contained plant or building which produces/stores a packaged product. Low probability of fugitive emissions

Operation / Intensity

• Daytime operations only
• Infrequent movement of products and/or heavy trucks

Possible Examples

• Electronics manufacturing and repair

• Furniture repair and refinishing

• Beverages bottling

• Auto parts supply

• Packaging and crafting services

• Distribution of dairy products

• Laundry and linen supply

• Noise: Sound occasionally audible off property

• Dust and/or Odour: Frequent and occasionally intense

• Vibration: Possible groundborne vibration, but cannot be perceived off property

• Outside storage permitted

• Medium level of production allowed

• Open process

• Periodic outputs of minor annoyance

• Low probability of fugitive emissions

• Shift operations permitted

• Frequent movement of products and/or heavy trucks with the majority of movements during daytime hours

• Magazine printing

• Paint spray booths

• Metal command

• Electrical production manufacturing

• Manufacturing of dairy products

• Dry cleaning services

• Feed packing plant

Class III

• Noise: sound frequently audible off property

• Dust and/or Odour: Persistent and/or intense

• Vibration: Ground-borne vibration can frequently be perceived off property

• Outside storage of raw and finished products

• Large production levels

• Open process

• Frequent outputs of major annoyances

• High probability of fugitive emissions

• Continuous movement of products and employees

• Daily shift operations permitted

• Manufacturing of paint and varnish

• Organic chemicals manufacturing

• Breweries

• Solvent recovery plants -Soaps and detergent manufacturing

• Manufacturing of resins and costing

• Metal manufacturing

Relating to outputs noise / sounds would not be audible off the property, dust generation would be infrequent, and no vibrational impacts are expected. Materials are stored inside the freezer and not outdoors and all processes are self-contained producing packaged raw dog food for retail sale. Normal business hours are Monday to Friday 8am to 12pm, and 1pm to 5pm. Saturdays the business is open from 8am to 10am, and it is closed on Sundays and holidays. Truck traffic would be limited to a few visits per week. The existing facility meets the categorization criteria and definition of a Class I Industrial Facility. P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 6

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D-6 policies relating to Potential Influence Areas and Separation Distances were addressed in the previous report, but the analysis did not speak to the dwelling severed off the property under S-45-20-S. Per the sketch submitted with the application the existing manufacturing building is located 3.7 metres from the lot line of the severance which follows an existing stone wall. Since the industrial use and the dwelling share a lot line the general plan approach is implemented whereby separation distance is measured from the area(s) designated for industrial use to the area(s) designated for sensitive land use. Per the D-6 guideline a Sensitive Use is defined as: any building or associated amenity area (i.e. may be indoor or outdoor space) which is not directly associated with the industrial use, where humans or the natural environment may be adversely affected by emissions generated by the operation of a nearby industrial facility. The existing dwelling on the severed lot is located outside of the twenty (20) metre separation distance as seen in Figure 1 below. However, part of the residential yard area does fall inside the twenty metre separation. This area comprises roughly 5.1% of the overall property.

Figure 1 – Showing the 20m Separation Distance from the Closest Industrial Building P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 7

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The severed lot will still have ample open yard area, including the garden area, fully outside of the required separation distance. The primary amenity area is the open yards to the west side of the dwelling. Additionally, the lands containing the four accessory agricultural buildings, which have been removed, land outside of the required separation distance and could be utilized as additional amenity space if desired. The existing rock wall and mature trees along the wall create a buffer between the manufacturing building and the yard area. The rear of the manufacturing building faces the severed parcel. The main door / access is on the south side where all activity occurs. There is no place for vehicles or machinery to access or use the 3.7 metres between the building and severance line. Manufacturing activity was not noticeable in the residential yard area during a site visit to the property. Noise was not evident and the selfcontained nature of the business did not result in any adverse impacts on the severed lot. Other than the maintenance of mature vegetation no further mitigation measures are recommended.

COUNTY OF FRONTENAC OFFICIAL PLAN The Frontenac County Official Plan creates the framework for guiding land use changes in the County over the next 20 years to 2034 by protecting and managing the natural environment, directing and influencing growth patterns and facilitating the vision of the County as expressed through its residents (Sec. 1.1). Section 2 of the County Official Plan speaks to Economic Sustainability and divides policies into Natural Resources (Sec. 2.1) including agriculture, mineral aggregates, forestry and renewable energy. A second subsection speaks to policy direction relating to economic activities for built resources (Sec. 2.2) such as commercial, tourist and business park development. The lands to be re-zoned do not contain any significant natural resources that would be impacted by the continued use of a Class I industrial facility. The site is located within the Settlement Area of Battersea and does not contain any agriculture, mineral aggregate, forestry or renewable resource uses. Some local wetlands are located near the property and a watercourse traverses part of the southeast corner of the lands to be re-zoned. Impacts on natural heritage features are not anticipated given the manufacturing use and all related buildings already exist. Section 2.2 of the Official Plan sets forth policies for Built Resources. Commercial development as outlined in Section 2.2.1 generally occurs by two different types:

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1. Community Commercial which consists of the business district and historic crossroad or core of each urban area, and also includes highway commercial which serves both travelling and local public; and
2. Resort Commercial uses which provide for commercial facilities and services for tourists and seasonal residents.

While the current facility is considered an industrial use there is a commercial component to the business involving the sale of the custom dog food to customers. The use is located along the main road in the core of the Settlement Area servicing both local and travelling customers. Pursuant to Section 2.2.3 Frontenac County currently has a very low industrial base with uses generally located in the agricultural, rural and hamlet areas including home-based activities. The site does not contain any tourism uses. Overall, there is no policy direction in the County Official Plan which would prohibit the continued use of the property as a manufacturing use after the lands have been re-zoned accordingly. Section 3 of the County Official Plan speaks to Growth Management with policies intended to help guide new and existing development across Frontenac County. Settlement Areas are villages and hamlets where development shall be concentrated with a mix of land uses (Sec. 3.1f) such as the current facility. To meet long term needs of providing a mix and range of employment opportunities, the County shall explore ways to enhance the local employment base in strategic locations such as settlement areas and along major transportation routes (Sec. 3.1.1). The current industrial facility is located along Battersea Road within the Settlement Area and employs several workers with potential to add more jobs if the business continues to grow. Section 3.2 of the Official Plan speaks to Settlement Area policies intended to set a planning framework to encourage and support the existing mixed use and primarily residential Settlement Areas (Sec. 3.2.1). The existing facility falls inside a Settlement Area in the Local Official Plan (Sec. 3.2.2.1.1) optimizing existing buildings and services to make the most efficient use of the lands (Sec. 3.2.2.1.2). Local Official Plans shall, where feasible, promote mixed use development in Settlement Areas including residential, commercial, institutional, parks, and employment areas (Sec. 3.2.2.1.3). Section 5.6.4 of the Township’s Official Plan speaks to Settlement Area Industrial Policies and Permitted Uses. Uses permitted include light industrial uses such as workshops; as well as uses accessory to the various permitted uses such as business offices or a residence for a caretaker or watchman is allowed. The existing manufacturing facility would meet the General Provisions pursuant to Section 3.2.2.1. There will be no settlement area expansions proposed pursuant to Section 3.2.2.2. P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 9

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Section 4 of the County of Frontenac Official Plan speaks to Community Building policies relating to transportation, servicing, solid waste management, transmission corridors / telecommunication facilities and parks & open space. The Official Plan allows for private services where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided so long as the site conditions are suitable for the long term provision of these services with no negative impacts (Sec. 4.2.1.5). The manufacturing business, accessory dwelling and the primary dwelling on the severed lot are all serviced by on-site septic systems and wells. The business has a holding tank and well underneath the westernmost building. The primary and accessory dwellings have their septic shown on the provided sketch. These services will be maintained as part of the rezoning. The production of custom dog food for sale in packaging does not create a large quantity of waste. Any waste production will be addressed in accordance with the goals and objectives of Section 4.3 of the Official Plan. Existing utilities and communication facilities will be maintained in their current state (Sec. 4.4). The manufacturing business will continue operating as it has historically which will not affect or threaten any parks or open space in the areas around the property (Sec. 4.6). The existing use will continue to use the available servicing and infrastructure in place in accordance with the policies of Section 4 of the County Official Plan. Section 5 of the Official Plan speaks to Housing and Social Services. The local Townships will, where appropriate, promote intensification in settlement areas including the allowance for the conversion of single detached houses into multiple units and permitting land severances on large underutilized properties which will allow for new residential development on the vacant severed parcel (Sec. 5.2.2). The severed lot stemming from S-45-20-S already contains a single dwelling. The lands to be re-zoned contain an accessory dwelling which will be recognized as a permitted use allowing both residences to remain without the loss of any housing. The accessory dwelling provides a more affordable housing option compared to the larger single dwellings in Battersea. The primary dwelling on the severed lot could be investigated for additional housing options such as a second dwelling unit in accordance with Section 5.6 of the Official Plan. Overall, the severance and rezoning of the retained lands to recognize the accessory dwelling would be supported by the housing policies of Section 5 of the Official Plan. Section 7 of the County Official Plan speaks to Environmental Sustainability and the protection of natural features. The subject property contains a small creek / river in the southeast corner of the site. Current development of the site is setback from the edge of the creek and all on-site activities occur well away from the natural feature. Operation of the site will continue to recognize the importance of this natural feature by locating all site activities within the current P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 10

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gravel area around the main buildings. Continued use of the property for the manufacturing use would be supported by the policies of Section 7 of the County Official Plan.

TOWNSHIP OF SOUTH FRONTENAC OFFICIAL PLAN The subject property is located within the Settlement Area designation on the Township of South Frontenac Official Plan Schedule A – Land Use (See Figure 2). All surrounding uses fall within the Settlement Area designation. Further discussion on Township Official Plan policies relating to the rezoning has been requested.

Figure 2 – South Frontenac Official Plan Schedule A – Land Use

Section 4.0 of the Official Plan sets forth several Goals and Objectives for the Township. Section 4.1 sets forth the Natural Heritage Goal aimed at the protection of the Township’s environmental quality. Ensuring the continued use of the on-site buildings for the manufacturing use represents sustainable development that meets the needs of the present without compromising future generations. Existing buildings and activity areas relating to the business are well separated from the natural heritage features ensuring no net loss of environmental quality. Surface / subsurface water quality will not be impacted through the continued use of the manufacturing buildings. Natural vegetation along the watercourse and along the road will be maintained through the continued use of the buildings in their current locations. Overall, the manufacturing use meets the natural heritage goal of the Official Plan. P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 11

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Section 4.2 of the Official Plan sets forth the Housing Goal aimed at meeting the needs of residents while reducing land use conflicts and minimizing servicing costs. The current business has full private services which will not contribute to any increased servicing costs for continued use of the property. The rural character of the settlement area will be maintained and the severed lot with the existing house is large enough to meet applicable zoning provisions while leaving adequate area, frontage and access for the manufacturing business on the retained lands. The accessory dwelling on the property will be recognized through the rezoning and will continue to provide a range of housing options for the property. Overall, the housing potential of the property has been met in accordance with the Housing Goal of the Official Plan. Section 5.6 of the Official Plan sets forth provisions for Settlement Areas. A full range of land uses are permitted within the Settlement Areas. Commercial, industrial, residential, open space and community facility uses shall be permitted in the Settlement Areas on a site specific basis by amendment to the implementing zoning by-law (Sec. 5.6). Settlement areas shall provide opportunities for a varied and balanced industrial/commercial base (Sec. 5.6.iii) and provide sufficient land for industrial, commercial, institutional and residential uses in order to accommodate anticipated growth over the life of the plan (Sec. 5.6.v). The existing industrial use is appropriate for the lands on which it is situated within the Settlement Area of Battersea. Residential Policies are located under Section 5.6.1 of the Official Plan. A single detached dwelling like that found on the severed lot is a permitted use in the Settlement Area (Sec. 5.6.1(i)). Development serviced by private well and sanitary services shall have a minimum lot area of not less than 0.8 hectares for a single detached dwelling (Sec. 5.6.1(i)b). Development of single, semi or duplex style dwellings should not be located adjacent to higher density residential, commercial or industrial uses. In the event such uses are adjacent to single dwellings appropriate buffering or screening shall be provided (Sec. 5.6.1(i)d). The proposed severance will measure greater than 0.8 hectares in size to accommodate the existing private servicing. The existing industrial use on the retained lands has operated next to the residential use on the same property for several years. Once separated additional buffering between uses may be required. Section 5.6.4 of the Official Plan speaks to Industrial Policies and Permitted Uses. Uses permitted include light industrial uses such as workshops; service shops; manufacturing, processing and assembly operations; concealed storage and warehousing facilities; motor vehicle repair garages and research establishments. Additionally, uses accessory to the various permitted uses such as business offices or a residence for a caretaker or watchman are allowed (Sec. 5.6.4.i). The current manufacturing business involves the processing of raw meat for P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 12

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custom dog food production. Analysis of the D-Series guidelines determined the use to be a Class I Industrual Use which would be considered a light industrial use per the Township’s Official Plan. Industrial Development policies are found under Section 5.6.4.ii of the Official Plan. The existing manufacturing business is supported by these policies as industrial uses shall generally be located on major roads (5.6.4.ii.a) such as Battersea Road which provides frontage for the property. The business has used the site and access to Battersea Road for many years and its continued use is not expected to generate any traffic hazards. The site provides adequate offstreet parking, loading and manoeuvering areas to ensure trucks and customer vehicles do not park on the road or affect traffic flows through Battersea (5.6.4.ii.d). The lot measures 3.366 acres in size, well above the minimum 0.8 hectares with adequate frontage and existing private services (5.6.4.ii.b). The manufacturing and processing of ingredients is contained within the buildings and does not involve any cooking or other processes that would create adverse noise or odour impacts on surrounding uses. The buildings do not create any emissions or contaminants that would adversely impact adjacent property owners (5.6.4.ii.c). The D-Series Guidelines were provided earlier in this report to further address setbacks and buffering. The rezoning of the property will ensure the industrial use is appropriately zoned in a separate category in the implementing zoning by-law (5.6.4.iii). Continued use of the property for custom dog food manufacturing is supported by the Industrial Development policies for Settlement Areas. Section 6.0 of the Official Plan sets forth General Policies generally applicable to the entire Township or which are not related to specific land use designations. Section 6.9 of the Official Plan provides the following wording on buffering: In order to reduce or eliminate the adverse effects of one land use upon another or overcome the conflicts between land uses, the Township will require buffering to be provided. A buffer may be defined as any space or feature placed between two conflicting uses in order to reduce or eliminate conflicts. A buffer may be open space where distance is relied upon to produce the desired results, or it may be a berm, wall, fence, planting strip or land use different from the two conflicting ones but compatible with both, or any combination sufficient to achieve the intended purpose. Buffering provisions will generally be implemented through site plan control and through provisions in the Zoning By-law.

P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 13

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As the primary dwelling is proposed to remain the open space between it and the manufacturing use will not change. The severance will follow an existing rock wall which acts as a separation barrier between the residential yard and manufacturing area. Abutting properties will be well screened and buffered from the manufacturing use (See Figure 3). 5022 Battersea Road, falling to the east and south of the subject property, has an existing dwelling located in the northeast corner of the lot approximately 100 metres from the manufacturing use. Existing vegetation on the subject property and the open space area on the abutting lot provides adequate separation of the dwelling and manufacturing. Existing vegetation along the front of the property provides screening from residential uses to the north. Ample treed areas and the location of the manufacturing buildings on the east side of the property provides more than sufficient buffering and separation for dwellings to the west. In time the various agricultural buildings will be removed increasing open space between the industrial buildings and sensitive uses to the west.

Figure 3 – Abutting Uses and Vegetative / Open Space Buffering

Section 6.10 of the Official Plan sets forth Servicing policies to ensure the adequate supply of potable water and sanitary disposal. The approved severed lot has already been assessed with respect to servicing as part of the Consent application. The existing manufacturing business and accessory dwelling unit on the subject property to be re-zoned are already serviced by adequate private water and sewage disposal in accordance with the policies of the Official Plan. P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 14

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In Settlement Areas servicing for development shall occur on the basis of private water and sanitary sewage disposal systems (Sec. 6.10.2). Section 6.20 of the Official Plan speaks to Influence Areas which are recognized as a means of protecting incompatible land uses from being in close proximity to each other. Influence areas are specific to the designation or type of use proposed and will be applied when a sensitive use is proposed in close proximity to mining or mineral aggregate lands, certain commercial and industrial uses, etc., and conversely when one of these uses are proposed within close proximity to a sensitive land use. Both uses exist on their respective parcels and no new adverse impacts would result from the separation of the dwelling and the industrial use. The DSeries Guidelines provide policy direction for separation distances and influence areas relating to Class I, II, and III industrial land uses and were addressed in the original report.

TOWNSHIP OF SOUTH FONTENAC ZONING BY-LAW 2003-75 The subject property is zoned Urban Residential – First Density (UR1) zone on the Township of Sounth Frontenac Zoning by-Law Schedule H, and as seen on the Frontenac Maps GIS mapping All uses surrounding the property fall in the Urban Residential – First Density or a site-specific Urban Residential – First Density Exception zone. The current zoning is suitable for the approved severance, but a Zoning By-Law Amendment application for the retained lands is required. The Zoning Amendment will seek to re-zone the retained lands from Urban Residential – First Density (UR1) to a site-specific Urban Industrial – Exception (UI-x) zone to recognize the current industrial manufacturing business on the property and to permit an accessory. The UI-x zone will include several exceptions to recognize existing development on the property. The current manufacturing buildings and industrial freezer abut a residential use to the east of the property, and the primary dwelling on the severed lot will remain in a residential zone. The new lot line running along the stone wall would comprise the rear lot line for the severed lot, but it is unclear if that line would be considered a front or side lot line for the retained lands being re-zoned. The definition of Lot Line, Front is: shall mean the line that divides a lot from a street, a private lane or a navigable waterway. In the case of a lot with frontage on a street, the front lot line shall be deemed to be the line that divides the lot from the street. In the case of a lot with frontage on a private lane and a navigable waterway, the lot line between the waterway P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 15

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and the lot shall be deemed to be the front lot line. In the case of a corner lot either lot line may be deemed to be the front lot line. In the case of a lot with frontage on a public road and a navigable waterway, the lot line between the street and the lot shall be deemed to be the front lot line. The lot line running along the stone wall does not separate the industrial use from the street it separates it from the severed lot. Therefore, it should be considered a side lot line with respect to the rezoning and exceptions. The existing industrial buildings will require yard setback exceptions to recognize the buildings in their current locations. An exception to allow an accessory dwelling as a permitted use is required. Finally, an exception to permit a lot coverage greater than 5% for accessory buildings will be included. The full list of exceptions is below:

1. An exception to Section 5.24.1 to recognize the current lot coverage of accessory buildings of 15.9% (Maximum 5%).
2. An exception to Section 21.2 to add an accessory dwelling as a permitted use for the proposed UI-x zone.
3. An exception to Section 21.3.3 to recognize the existing interior side yard setback of 16.4 metres for the industrial use, and 9.4 metres for the industrial freezer to the east side lot line (Minimum 22.0m when abutting a residential zone).
4. An exception to Section 21.3.3 to recognize the proposed interior side yard setback of 3.7 metres for the industrial use to the severed lot (Minimum 22.0m when abutting a residential zone). With respect to the existing accessory buildings the four buildings that fell on the severed lot under S-45-20-S have been demolished and have been removed from the sketch. Additionally, the two accessory buildings on the retained lands next to the industrial building have also been demolished and will be removed from the sketch. The remaining accessory buildings as seen on the revised zoning amendment sketch total 5,342.55 square metres in size representing a lot coverage of 15.9% whereas the zoning by-law only permits a maximum 5% lot coverage for accessory uses. The industrial buildings, freezer, and accessory dwelling are not included in the lot coverage for accessory uses. The UI zone permits a lot coverage of 40%. The combined lot coverage of all buildings is well below 40%. Potential uses for these existing structures are being investigated but they will no longer function as livestock buildings. The exception is being sought to recognize and retain these buildings while options are considered. If no suitable use is established the buildings will P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 16

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eventually be removed. If a suitable use is determined which is not recognized by the proposed UI-x zone then a future zoning amendment to add additional permitted uses would be required. The UI zone permits an accessory dwelling unit for a caretaker or security guard, in accordance with the provisions of Section 5.19, under Section 21.2. The existing accessory dwelling in not occupied by a caretaker or security guard, therefore an exception is needed to add it as a permitted use. With respect to the yard setback exceptions the easternmost industrial building and the industrial freezer are already deficient in the required 22 metre side yard setback to the abutting residential lot to the east. The severance of the dwelling does not reduce or worsen the current setbacks. The exceptions will seek to recognize the buildings in their current locations. The new severed lot will fall approximately 3.7 metres from the westernmost industrial building. An exception is required to reduce the required side yard from 22 metres to 3.7 metres. Though the building is located close to the lot line the back of the structure faces the severance. There are no windows on the north side and all on-site activities / access to the structure occur on the south side well away from the severance. The revised zone provisions are included in the table below.

Zoning Table for Manufacturing Business – UI Zone Zone Provision Lot Area (min) Lot Frontage (min)

Requirement 8000m2 76.0m

Front Yard (min)

8.0m

Rear Yard - when abut. a Residential Zone (min) (Sec.21.3.3)

22.0m

Interior Side Yard – when abutting a Residential Zone (min)(Sec.21.3.3)

22.0m

Exterior Side Yard (min) Lot Coverage (All uses) Lot Coverage (Accessory uses) Height (max)

8.0m 40% 5% 11.0m

Existing Development 33,663m2 81.1m 47.2m (western industrial building) 32.1m (accessory dwelling) 143.0m (freezer) 154.2m (western industrial building) 204.0m (accessory dwelling) 3.7m (west building to severed lot) 9.4m (freezer to east side lot line) 16.4m (east building to east side lot line) 8.8m (accessory dwelling to severed lot) N/A 19.8% 15.9% < 11.0m

P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 17

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Should you have any other questions please contact the undersigned. Sincerely,

Chris Clarke, B.Sc., CPT

P.O. Box 20148 Perth, Ontario K7H 3M6 ph. 613-264-9600 fax: 613-264-9609 www.zanderplan.com Page 18

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-03 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM URBAN RESIDENTIAL – FIRST DENSITY (UR1) TO URBAN INDUSTRIAL – SPECIAL PROVISION (UI-8) ON LANDS DESCRIBED AS 4996 BATTERSEA ROAD, PART OF LOTS 7 AND 8, CONCESSION 9, DISTRICT OF STORRINGTON: FREEMAN 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; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.

THAT Schedule “C” and Schedule “H”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Urban Residential – First Density (UR1) to Urban Industrial – Special Provision (UI-8) 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 UI-8 (4996 Battersea Road, Part of Lots 7 and 8, Concession 9, District of Storrington – Freeman) immediately after the last Urban Industrial – Special Provision section to read as follows: UI-8 (4996 Battersea Road, Part of Lots 7 and 8, Concession 9, District of Storrington – Freeman) Notwithstanding the provisions of Section 21 or any other provision of this Bylaw to the contrary, on the lands zoned Special Urban Industrial (UI-8), the following provisions apply: •

Permitted Uses a. A manufacturing, processing and warehousing operation for dog food b. An accessory dwelling unit c. A retail outlet for the purpose of selling goods manufactured and stored on the premises, provided such outlet is part of a principal building, and occupies not more than five (5) percent of the gross floor area of the principal building. d. Accessory buildings or uses to the above uses For the purpose of the UI-8 zone, an accessory dwelling unit shall mean a dwelling unit which is part of a building that is accessory to a permitted nonresidential use.

•

Prohibited Uses a. Any existing agricultural building shall not be used to house livestock

All other provisions of this By-law shall apply. 3.

THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this 11th day of January, 2022.

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Read a first and second time this 11th day of January, 2022. Read a third time and finally passed this 11th day of January, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

Angela Maddocks, Clerk

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Schedule 1 This is Schedule “1” to By-law No. 2022-03.

Passed this 11th day of January, 2022

Ron Vandewal, Mayor

Angela Maddocks, Clerk

December 14, Page 76 of2021 78 PO Box 281 Brockville, ON, K6V 5V5 Re: Frontenac Arch Biosphere Year in Review

Dear Council Members, Last year your municipality contributed $5,200 to help support the Frontenac Arch Biosphere Network core operations. The timing of this contribution helped immensely through a difficult time as we navigated providing services to communities through COVID-19. The purpose of this letter is twofold: to report on our activities in 2021 and for your consideration of continued support to the organization in the amount of $5,000, as we continue to grow our capacity and sustainability in 2022. The mission of the Frontenac Arch Biosphere Network is to implement the UNESCO Man and the Biosphere Programme to improve relationships between people and their environments. In line with that mission, we held numerous events throughout 2021 and hosted a variety of programs. In May 2021 we held the first annual Youth Climate Action Summit virtually over two days. There were 42 youth participants and 10 guest speakers. The speakers of the event were well received and the feedback from participants was very positive. For next year’s event, we will hopefully be hosting a combined event with inperson components and virtual participation, allowing students unable to travel to still attend. The goal for next year’s event will be to host 100 youth from across the region.

“I loved meeting new people with similar interests to my own and hearing the amazing speakers.” -Summit attendee

Over the summer our Nature Camp Programs were able to operate at 98.75% capacity. Our fourth location at Sand Lake (Rideau Lakes) was added in 2021, in addition to the other camps at Landon Bay, Kendricks Park, and Mac Johnson. We secured a $98,300 grant from the Ontario Trillium Foundation to support and build capacity for the program. This program is supported by eight different partnerships, has hired 15 summer students/staff, and has garnered 1,960 volunteer hours. Additionally, the Forest and Farm School held a spring and fall session providing children aged 5-13 with a nature based educational experience in partnership with Furnace Falls Farms in Lyndhurst.

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December 14, 2021 PO Box 281 Brockville, ON, K6V 5V5 Re: Frontenac Arch Biosphere Year in Review

Following the pilot project year in 2020, this year in 2021 there were four StoryWalk locations in Leeds and the Thousand Islands, Front of Yonge, Rideau Lakes, and Gananoque. There were 4-6 stories at each location throughout the summer encouraging families and children to spend time outside, read, and engage in physical activity.

91%

of StoryWalk survey respondents felt more connected to nature:

“These forests are beautiful. The scenery & walk/ story posts invited conversation about the plants and natural systems around us, which allowed for further exploration and education for my children.” -Survey Respondent 72%

felt more connected to the community:

“We think about the people who put the trail in place and the local bookstore where we can find this book and others!” -Survey Respondent

The annual Trails Festival was held in August and featured hikes across the biosphere region. Through corporate sponsorship and private donations we were able to raise over $1,400 to support the biosphere programs. The event featured three days of hiking and the registrations this year were free for participants.

Through support from Sustainable Eastern Ontario’s EcoInternship Program, the Frontenac Arch Biosphere Network was also able to hire three interns for 6-12-month contracts. These interns are working towards developing new programs in the biosphere region and helping to apply for grants and funding to support capacity growth in 2022. These successes are only made possible through partnerships with organizations and municipalities. We appreciate your contributions and encourage continued support for the core operation of the UNESCO Frontenac Arch Biosphere as your support allows us to continue to bring grants and programs to the region. We look forward to serving the Frontenac Arch Biosphere Region in 2022. Sincerely, Julie Servant, B.Sc. Executive Director Frontenac Arch Biosphere Network

2021 in Review $143,300 in grants received $111,854 in wage subsidies received 22 staff positions 19 partnerships 2,141 hours of work donated by volunteers

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-04 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON JANUARY 11, 2022 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2, subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, HEREBY ENACTS AS FOLLOWS: 1.

The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on January 116, 2022 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.

That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held January 11, 2022 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.

That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on January 11, 2022 except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.

Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.

This By-law shall come into force and take effect on the date of its passage.

Read a first and second time this 11 day of January, 2022. Read a third time and finally passed this 11 day of January, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

Angela Maddocks, Clerk

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