Body: Council Type: Agenda Meeting: Regular Date: July 13, 2021 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA
Audio Broadcast to the Township’s Facebook Page https://www.facebook.com/SouthFrontenacTwp TIME: DATE: PLACE: Chambers.
7:00 PM, Tuesday, July 13, 2021 Electronic Participation/Council
Call to Order and Roll Call
a)
Resolution
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
Scheduled Closed Session - not applicable
Delegations
a)
Southern Frontenac Community Services Corporation - Future Plans to continue supporting residents of South Frontenac/Funding Request • David Townsend - Executive Director • Laura Fitzgerald - Fund Development & Communications Coordinator • Duncan Sinclair - Board Member (several other board members joining as “attendees”)
Public Meeting
a)
Resolution and Public Meeting Statement
b)
Z-21-10 - Zoning By-law Amendment for Concession 9, Part Lot 20, Christel Lane (2290998 Ontario Inc)
c)
Resolution - Close Public Meeting
Approval of Minutes
a)
June 1, 2021 Council Meeting
60 - 70
b)
June 8, 2021 Committee of the Whole Meeting
71 - 77
Business Arising from the Minutes
a)
Notice of Motion - Environmental Assessment - Stars Corners intersection
4 - 30
31 32 - 59
78
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Reports Requiring Action
a)
2021 Private Lane Assistance Program
79 - 84
b)
Tender PS-2021-11 - Paint Booth Exhaust and Radio Tower Removal
85 - 86
c)
Application for Draft Plan of Subdivision Approval 10T-2020/002 (Willowbrook Estates - Phase 2)
87 101
d)
Deeming By-law - Deem Lots 18 and 19 on Plan 1315 NOT to be in a plan of subdivision for the purpose of applying 50(3) of the Planning Act (See By-law 2021-36)
102 106
e)
Zoning By-law Amendment - Z-21-05 - 5056 Battersea Road (Reynolds) (See By-law 2021-37)
107 109
f)
Z-21-06 Township-initiated Administrative Amendments to the Text and Schedules of Zoning By-law No. 2003-75 (See By-law 2021-38)
110 117
Committee Meeting Minutes - none
By-laws
a)
First and Second Readings of By-laws
b)
By-law 2021-36 - Deem part of Plan 1315, Lot 18 and 19 not to be part of Registered Plan of Subdivision
118
c)
By-law 2021-37 - Rezone Concession 9, Part Lot 9, 5056 Battersea Road
119 121
d)
By-law 2021-38 - Township Initiated Amendments to By-law 2003-75
122 142
Reports for Information
a)
Development Services Quarterly Reports - 2nd Quarter
143 149
b)
Surplus sale of 2009 Fort Garry Kenworth Squad
150 155
Information Items
a)
CRCA Comments on Environmental Registry Posting 019-2986 Regulatory Proposals under the Conservation Authorities Act
Notice of Motions
Announcements/Statements by Councillors
Question of Clarity
156 162
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(Members of the public are provided an opportunity to ask a question of clarity about an agenda item). 17.
Closed Session (if requested)
Confirmatory By-law
a)
By-law 2021-39
Adjournment
a)
Resolution
Natural, Vibrant and Growing - A Progressive Rural Leader
163
Southern Frontenac Community Services Corp. (SFCSC) Presentation to the Township of South Frontenac Council July 13, 2021
Laura Fitzgerald, Fund Development & Communications Coordinator 613-376-6477 ext. 308, laura.fitzgerald@sfcsc.ca
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For information: David Townsend, Executive Director 613-376-6477, ext. 301, david.townsend@sfcsc.ca
WHO WE ARE 32-years in the community
Provide health and social support services throughout Township of South Frontenac and rural Kingston (north of Hwy. 401) o older adults and seniors o low-income households o people facing food security challenges
WHAT WE DO Four main categories of community support services; o seniors’ health supports o food security o family support services
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o in cooperation with Township of South Frontenac, social and recreation activities for adults aged 55+
SFCSC PROGRAMS & SERVICES Adult Day Program - for frail seniors or those living with life-limiting illness such as dementia who need monitoring and/or assistance. Transportation Services - get seniors to medical appointments, run errands, attend social events. Telephone Reassurance Program – to combat social isolation. Approx. 200 seniors receive regular phone calls to check in on them, assist with connecting to other services if needed, or just to have a friendly chat. Food Security programs - hot and frozen Meals on Wheels, a high demand service that has gone from one day a week deliveries to three days a week, and based on demand we want to expand meal deliveries to five days a week. Food Bank is open to any resident of South Frontenac or rural Kingston (north of Hwy. 401). Similar to Meals on Wheels, our Food Bank continues to see a steady increase in the number of users. Family Service supports include homelessness prevention, referrals to other agencies, financial supports to help with rent or utility bills, annual income tax clinic, provision of backpacks with school supplies, winter coat drive, etc. Social and Recreation programs for ages 55+ - social interaction, weekly Good Graces Café, card and board games, a book club, fitness classes, education workshops, walking programs, pickleball and more. Foot Care clinics Homemaking and Home Maintenance Services Respite to caregivers so they can have peace of mind leaving the home knowing that their loved one is being well cared for in their absence.
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Hospice and Bereavement supports
INCREASING DEMAND FOR COMMUNITY HEALTH & SOCIAL SUPPORTS Chart below demonstrates the steady growth and increase in the volume of SFCSC services provided from 2011 – 2019. Program
Unit of Service
Total growth 2011 – 2019
Adult Day Program
Clients served
123%
Transportation
Rides provided
22%
*Frozen Meals on Wheels
Meals delivered
105%
*Hot Meals on Wheels
Meals delivered
100%
Foot Care
Clients served
35%
Congregate Dining & Social Recreation
Clients served
370%
Meals & Activities provided
200%
Clients served
4%
Unique clients served
100%
Services provided
106%
In Home Respite & Home Help TOTAL
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*All Meals on Wheels statistics are current to March 31, 2021
THE COVID-19 IMPACT
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Based on federal, provincial and regional health officials, we can expect the affects of Covid-19 to be felt for years to come.
POPULATION GROWTH Township of South Frontenac Forecast Population by Major Age Group (medium growth scenario) Age Cohort
2016
2021
2026
2031
2036
0 – 19
3,431
3,800
3,994
4,033
3,910
20 – 34
4,420
3,800
3,286
3,292
3,638
35 – 54
5,090
5,810
6,552
6,976
6,870
55 – 74
4,400
4,716
4,742
4,796
5,085
75+
1,305
1,774
2,226
2,703
3,097
TOTAL
18,646
19,900
20,800
21,800
22,600
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Source: 2011 to 2016 from Statistics Canada Census and MPAC, derived by Watson & Associates Economists Ltd., 2019. 2016 to 2046forecast by Watson & Associates Economists Ltd., 2019.Note: Population figures are rounded and include the net Census undercount estimated at 2.4%.
SFCSC SERVICE DEMAND GROWTH If SFCSC maintains service delivery at today’s 19.3% growth rate, the following service numbers are realistic projections. Southern Frontenac Community Services Forecast Service Delivery for Ages 55 – 75+ years (medium growth scenario) Age Cohort
2021
2026
2031
2036
55 – 74
4,716
4,742
4,796
5,085
75+
1,774
2,226
2,703
3,097
Total
6,490
6,968
7,499
8,122
TOTAL SF residents, age 55+ using SFCSC services
1,253
1,345
1,438
1,568
@ 19.3% service rate
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THE BUSINESS OF HEALTHCARE Regional Local Health Integration Networks (LHIN) are moving to a model of smaller geographical areas called Ontario Health Teams (OHTs).
Township resident, Dr. Duncan Sinclair, C.M., penned a policy paper, Ageing Well.
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He identifies “what seniors want, that transformational changes are needed to support the elderly, that living arrangements need to be supported by day programs in the community or services provided in the home.”
SFCSC IN THE HEALTHCARE CONTINUUM Our response to the new and emerging OHT environment is to continue to deliver programs and services to residents throughout the Township of South Frontenac. We must maintain the Grace Centre and upgrade the facilities to meet the growing demand for programs and services to ensure that living in the Township of South Frontenac is a desirable and healthy place to be.
CURRENT STATE Portables, well past their life expectancy date, used for the Food Bank and some staff work areas.
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Wooden ramps, non-accessible doors and uneven, gravel parking area.
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Water damaged and stained ceilings throughout portables.
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Significant lack of space in the Food Bank, limited room to maneuver and items stacked floor to ceiling that can make access difficult and potentially unsafe.
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Crowded work areas offer no privacy for client interaction. Building has no meeting room or staff lunch room.
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Space in building and portables are taken up with work areas, resulting in zero storage space. Every area is filled to overflowing with materials and supplies.
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To provide a wider floor plan, a metal seam runs the length of the portable which creates a potentially dangerous tripping hazard.
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WHAT WE HAVE DONE In our current state, SFCSC is unable to meet the expected demand for community health and social support services.
To address site and space needs, we have applied for capital funding support. There are limited opportunities for capital projects. 2012 – funding application to Ministry of Health, supported by the South East LHIN o DECLINED – Community Support Service agencies not eligible for capital funding 2017 – funding application to Ministry of Health, supported by the South East LHIN o DECLINED – majority of SFCSC programs and services were deemed to be social determinant of health programs and not eligible for capital funding 2019 – funding application to Ministry of Infrastructure’s Investing in Canada Infrastructure Program o DECLINED
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COMMUNITY PARTNERS. COMMON GOALS. The Township of South Frontenac and Southern Frontenac Community Services strategic priorities align. We share a commitment to support the needs and well-being of our community, to operate in ways that are respectful of our environment, and SFCSC wants to contribute to the Township’s position as a leader by providing a community service hub as part of what makes the Township a vibrant community of choice for people to live in, visit and enjoy. Overarching Priorities Township of South Frontenac
- Position South Frontenac as a Regional Leader.
- Promote and support growth than meets the community’s needs while maintaining the integrity of our natural environment.
- Ensure the organizational capacity to deliver cost-effective services in a changing world.
- Be a catalyst for the creation of vibrant, complete communities.
Southern Frontenac Community Services
Support community well-being
Be a community service hub
Attract and support quality staff and volunteers Page 17 of 18
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- Be a sustainable organization
OUR CHALLENGE IS SPACE. OUR SOLUTION IS TO UPGRADE OUR BUILDING An upgrade of the Grace Centre will add 3,200 sq. feet to our facility. It will eliminate the portables and provide a safe and healthy environment for SFCSC to deliver sustainable health support programs and services to the community.
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Results: Food Bank renovation complies with Public Health guidelines during Covid-19 and any future pandemics Accessible washrooms for volunteers, staff, clients and visitors Professional work areas for staff and volunteers Hand and food washing stations Confidential and physically distanced meeting room Enhanced efficiencies of food handling and preparation – prepare, pack and distribute food hampers in one area Renovated space will meet all legislated accessibility regulations and provide user-friendly work areas Safe parking and building access Increase capacity of SFCSC to address and meet the growing needs of the more than 8,000 seniors residing within our catchment area (Township of South Frontenac and rural Kingston).
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2020 2021
Mission: To work with others in the provision of health and social services that meet the needs of our community.
Vision: The sustainable health and well-being of the community.
Values: We are client centred and welcoming. We act with compassion and integrity.
An Exceptional Year. An Outstanding Team.
Year-end reporting is a time to assess achievements, evaluate shortfalls and make plans for the future. The Covid-19 pandemic spanned the entirety of the 2020-21 fiscal year and while it has presented challenges, every crisis ends with lessons learned, innovation and reinvention. As part of our pandemic response plan and respecting the need to protect the health of everyone, we worked quickly to adapt operations and put safeguards in place so we could continue to provide essential health and social support services. We have seen and continue to experience a significant increase in demand for our food security programs. For example, we had a 98% increase in the number of hot and frozen Meals on Wheels this fiscal year when compared to the year previous. Our Food Bank provided 50% more days of food to those who needed help, and we had a 75% increase in the number of monthly food bank users who are seniors. Innovation. We embraced an essential digital transformation brought on by this ‘new Covid world’ where virtual communication and operations are the norm. Many of our on-site programs were suspended because people gathering has not been an option. Our new technical resources enable us to function well and deliver services, continue to collaborate, attend meetings and participate in learning opportunities. We started a Lending Library of computer tablets for clients who may not have computers, and we offer training for those who want it. This digital transformation is necessary to allow staff to continue to work effectively and maintain online programs for clients who may prefer to stay at home after Covid restrictions ease. Equally important to the tangible supports and services we offer is a focus on the mental health and wellbeing of our clients. With this in mind we started a telephone reassurance program where volunteers regularly call clients to check in on them, see if they need anything and sometimes just to have a friendly chat. This program has helped to keep people connected and combat feelings of isolation and loneliness. Yet, there’s no doubt that our greatest achievement, our greatest source of pride for 2020-2021, is the tremendous resiliency, courage and resolve of our entire SFCSC family as we write an extraordinary new chapter in the history of our organization. It is hard to express the depth of our gratitude for our volunteers, donors, staff and friends who pulled together to help during this unprecedented global health crisis. We achieve way more with your support and we are proud to be part of a community that take care of each other. Thank you all for everything you do. Susan Ward-Moser Chair, Board of Directors
David Townsend Executive Director
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The Power of Community
A devastating fire ripped through McMullen Manor in Verona displacing everyone who lived there. So many volunteers, donors, friends and community partners gave their time, money and resources to help. New housing was found for all and everyone banded together to gather what was needed to help the residents who lost everything in the fire. Furniture, bedding, kitchen wares, towels, curtains, carpets, pillows, all the things that make a home comfortable. This is an amazing community of people who show kindness and care about their friends and neighbours. We are proud to be a part of it.
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SIMPLIFIED FINANCIAL STATEMENTS Balance Sheet • March 31, 2021 ASSETS Cash & Investments Receivables Prepaid Expenses Capital Assets
$637,641 234,709 2,341 571,195 $1,445,886
LIABILITIES Accounts Payable Deferred Revenue Deferred Contributions When Covid restrictions allowed, we hosted a physically distanced high tea to spoil our volunteers and let us serve them for a change
Simply the Best
Simply put, our volunteers are the best. They are an essential part of our team and without their help we would have to shut our doors. We cannot operate without their dedicated commitment to helping others in our community. They work so hard and we always want them to feel our appreciation. This past year we started Volunteer Socials, a chance for us to give something back to our friends who give so much to us.
NET ASSETS Invested in Capital Reserve Funds Restricted Funds Unrestricted
$159,064 183,210 122,516 76,521 $1,445,886
Revenues & Expenses Apr 1, 2020 to Mar 31, 2021 INCOME From Funders Client Fees Fundraising Other Sources EXPENSES Salaries & Benefits Direct Program Costs Building Occupancy Office Supplies Professional Fees Other Costs Direct Client Subsidies
When gathering was prohibited, a drivethru lunch was a great opportunity to recognize and celebrate our superstar volunteers
$433,355 59,089 412,131
Administration and Operating Costs Surplus Food Bank SFCSC
$1,319,306 155,227 281,997 128,564 $1,885,094 $979,667 474,438 76,033 38,298 41,359 98,512 23,766 $1,732,073
$79,034 $68,845
For a copy of the detailed, audited financial statements email david.townsend@sfcsc.ca
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A New Way Of Doing Things This year has truly shown us the power of community and the difference that can be made when we all work together. With your help, we found ways to adapt programs and provide health support services to seniors and those in need during this community health crisis. Our thanks goes out to our volunteers, donors, staff, community partners and friends for their support and encouragement.
The Same But Different
This ‘new Covid world’ shifted the way we all do things. With the pandemic came the introduction of physical distancing, lockdowns, self-isolating and restrictions around gathering in groups. We acted quickly to adapt programs and services in ways to ensure that we can continue to deliver our programs and services to some of the most vulnerable people in our community.
We launched a new Telephone Reassurance Program to help our clients’ combat feelings of isolation and loneliness. Our volunteers made
1,990 calls to 213 seniors and
Almost all of our programs are available online and when weather allows some activities take place outdoors
housebound clients across South Frontenac.
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Demand for food security programs skyrockets
Ava, Taya, Clara, Rachel donated money they raised from Valentine Candygrams at Loughborough PS along with nonperishable food items they collected from classmates and teachers.
The demand for our Food Security programs has increased significantly over the past year. We never say no to a senior in need and our Food Bank is open to anyone who needs help. With the generous support of our friends and community donors, the Township of South Frontenac, the County of Frontenac, the Ontario government, United Way KFL&A, the Community Foundation for Kingston & Area, the Davies Charitable Foundation, area businesses and organizations, local schools, so many others and of course our volunteer champions, we pulled together to help ensure that we are here for anyone needing help to get food on the table.
1,874 individuals turned to our Food Bank for help over the last year resulting in a 50% increase in the days of food provided. The number of seniors using our Food Bank increased by 75%. Xander worked hard to collect donations for our Food Bank
Foodland Verona rolled up in a truck with a donation of $6,000 worth of food for our Food Bank
Angela and Mark drop off a Food Bank donation from the Township of South Frontenac
Desert Lake Family Resort campers showed their support with their 4th Annual Food Drive
With the generous donations of food coming in to support our food support services, we then faced the challenge of where to store it all. The Community Foundation for Kingston & Area (CFKA) solved that dilemma with a grant for a walk-in freezer and the Davies Charitable Foundation came through with a grant to support installation costs. Kathy from CFKA delivers a cheque for $34,137 to our executive director David for a new walk-in freezer
Step by step the walkin freezer took shape until ‘ta-da!’ it’s ready. This walk-in is much needed and we’re all so grateful and pretty excited about it.
Page 27 of 163 The kitchen’s been extra busy and a third day of deliveries has been added to keep up with the growing demand for meals
13,652 hot Meals on Wheels were delivered. That’s a 127% increase in the number of meals compared to last year. The number of seniors using the service increased by 75%
14,532 13,652 9,613 days 225 4,079 1,874 YEAR AT Hot Meals on Wheels delivered
days of food provided to South Frontenac families in need
individuals served by our Food Bank
hours of time donated by
volunteers
nutritious frozen Meals on Wheels provided
A GLANCE 1,990 APRIL 1, 2020 - MARCH 31, 2021
27,032 services
through support programs for frail seniors
2020-21 ANNUAL REPORT
1,270 hours
of hospice volunteers time providing emotional support and respite to caregivers
health and wellness check-in calls to
213
isolated seniors through our telephone reassurance program
4295 Stagecoach Road, Box 43, Sydenham, ON K0H 2T0 | www.sfcsc.ca | (613) 376-6477 | Reg. Charitable No. 122150204 RR 0001
Our Solution is to Expand & Enhance Our Building We envision an expansion of the Grace Centre that will provide the space needed to deliver our programs and services, and will eliminate the portables. This ambitious construction project will add 2,400 sq. ft. to the Grace Centre and position us to deliver sustainable community support services for years to come. Results:
We Need Your Help
• Increase the capacity of SFCSC to address and meet the growing needs of the more than 8,000 seniors residing within our catchment area (rural Kingston and South Frontenac). • Enhanced efficiencies of food handling and preparation – prepare, pack and distribute food hampers in one area. • Accessible washrooms for volunteers, staff, clients and visitors. • Safe parking and building access. • Food Bank expansion complies with Public Health guidelines during Covid-19 or future directives. • Upgraded space will meet all legislated accessibility regulations and provide user-friendly work areas. • Hand and food washing stations. • Professional work areas for staff and volunteers. • Confidential and physically distanced meeting room.
Our goal is to raise $1.5 million dollars. All monies raised stay in the community. We deliver our programs locally. We listen to our volunteers, clients, staff and community partners. We believe the renovation of the Grace Centre is the best way to deliver what our community needs now and for the future. We want to provide another resource that makes our rural communities a better place to live. We work to secure as many government grants and funding opportunities as possible to support our work. However, for a capital construction project, the grant opportunities are harder to come by. Now, we turn to you, the people who care about our community and want to see more health and support services available in rural areas. Our Campaign leadership team, chaired by Mark Segsworth, our community, our staff and volunteers are grateful for your contribution. Your support has a direct and meaningful impact in your community and donations of any amount are appreciated. We are aiming high. We have nothing but the health and wellness of our community in mind – now and for the future. Thank you for your belief in and support of your community.
4295 Stagecoach Road, Box 43, Sydenham, ON K0H 2T0 | www.sfcsc.ca | (613) 376-6477 | Reg. Charitable No. 122150204 RR 0001
4295 Stagecoach Road, Box 43, Sydenham, ON K0H 2T0 | www.sfcsc.ca | (613) 376-6477 | Reg. Charitable No. 122150204 RR 0001
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For more information Mark Segsworth Laura Fitzgerald Chair, SFCSC Capital Campaign Fund Development & Communications Coordinator 613-376-3980 613-376-6477 ext. 308 segsworthmark@gmail.com laura.fitzgerald@sfcsc.ca
Expanding Capacity Enhancing Community Care
Canadian census data projects that by 2036 the number of people living in South Frontenac aged 55-74
will increase by 21% and the 75+ age group will grow by 111%. We help people
55
%
Rural living has many benefits. The peace and quiet, fresh air, open spaces, and the sense of a compassionate community with neighbours that you can count on. The rewards are numerous, but country living can also mean greater distances between you and your family’s access to help and health support resources.
increase in the number of seniors using the Food Bank in 2020
Southern Frontenac Community Services Corporation (SFCSC) has been helping people in this community for over thirty years. Our purpose is simple. We help people. Working locally from the historic Grace Centre site, we offer vital health and wellness services that are close to your home. Services such as supports for the frail elderly, Meals on Wheels deliveries to seniors and people with physical challenges, transportation to medical appointments, and Adult Day program, a Community Food Bank for anyone needing help, and friendly wellness check-in calls to isolated seniors, to name a few. The kind of services that help people stay connected and to live healthier lives. Many seniors are able to maintain their independence and stay in their homes longer.
Hunger and putting food on the table are daily struggles for some. Our Food Bank and Meals on Wheels programs have always been in demand and well used. Adding to food insecurity challenges is the tremendous impact of the Covid-19 pandemic that has resulted in significantly more seniors and families reaching out to us for help.
We never say no to an older adult, a disadvantaged family or an individual in need. Every plan we formulate and every penny we spend is for and about our clients.
178
169
Food Bank
Food Bank
%
increase in one year
days of food provided
2019 1,517
increase in one year
individuals served
2020 1,800 2019 668
76 Meals
%
on Wheels hot and frozen meals delivered
2020 14,060 2019 8,000
SFCSC has outgrown its current facility. The condition of the existing site poses significant safety and accessibility issues for our clients who are predominately older adults, as well as for staff and volunteers. Currently, SFCSC has only one (1) fully accessible entrance with a ramp and automatic door. The second entrance does not meet Accessibility for Ontarians with Disabilities Act (AODA) standards. The parking lot needs to be levelled and paved to become accessible. The building has a lift that is not AODA compliant and needs to be replaced with an elevator and public space areas within the building do not have accessible doors.
Due to a lack of space, the SFCSC Food Bank is located in a temporary portable on the site. KFL&A Public Health reports that safe food handling in the Food Bank barely meets Public Health standards. Food storage and food preparation for the Food Bank requires hand-washing and food-washing sorting areas, which do not exist in the portable.
SFCSC operates a commercial kitchen in the Grace Centre to support several food programs (Meals on Wheels, Adult Day program meals, etc.). Current policy requires that all perishable and food separation take place in the commercial kitchen which presents difficulties accommodating multiple programs that run simultaneously. Public Health has advised that SFCSC is currently operating at and beyond the allowable standards for water use. SFCSC currently has three (3) washrooms that do not meet the needs for staff, the multitude of volunteers, clients and active participants. The septic system currently in use at SFCSC is at capacity in its daily use and the site requires a new, enlarged system that will meet Township of South Frontenac standards. Due to the absence of soundproofing between the upper and lower levels of the Grace Centre, our Adult Day clients, who are frail seniors, are continuously interrupted and disturbed by our fitness and active living programs for older adults that take place directly above them.
An expanded facility provides additional space for the Food Bank for food preparation and storage that will better position SFCSC to meet community needs and KFL&A Public Health standards.
66
+4,276
Volunteer Hours
programs & services seniors
%
increase in one year
2020 9,950 2019 6,000
Care Support
2020 24,276 2019 20,000
+55
%
increase in the number of seniors using the
Food Bank in 2020
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2020 4,214
%
We must expand to serve our future community needs
SFCSC PROGRAM & SERVICE DELIVERY IN SOUTH FRONTENAC This map demonstrates the geographical distribution of services provided by SFCSC in the Township of South Frontenac.
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Tonight’s public meeting is held to hear Zoning By-law Amendment Application Z-21-10. If a person or public body does not make oral or written submissions at this public meeting, or make written submissions to South Frontenac Township before the bylaw is passed, the person or public body may not be added to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Anyone who wishes to be notified must submit a written request to the Clerk” via email at amaddocks@southfrontenac.net and by doing so this will also entitle you to be advised of a possible Ontario Land Tribunal. To clarify, anyone may appeal the decision to the Ontario Land Tribunal by filing with the Clerk within 20 days of the notice of decision. An appeal to the Ontario Land Tribunal may be filed with the Clerk of the Township not later than 20 days after the day that the notice of decision was given. The notice of appeal must set out the objection to the by-law and the reasons in support of the objection, accompanied by the required fee.
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REPORT TO COUNCIL DEVELOPMENT SERVICES Public Meeting Report – Zoning By-law Amendment Report Date:
July 5, 2021
Application No: Owner: Address: Property Location:
Z-21-10 2290998 Ontario Inc. Christel Lane (unassigned) Parts 4 to 14 on Plan 13R22179, Part of Lot 20, Concession 9, Geographic Township of Pittsburgh, Storrington District Purpose of Application: Rezone from Rural (RU) to Limited Service Residential – Waterfront (RLSW and RLSW-XX) Date of Public Meeting: July 13, 2021 (Virtual Public Meeting)
Recommendation This report is for information only. Consistent with Council’s Procedural By-law, Council will receive comments from the public on application Z-21-10 and staff will bring a more detailed report considering public comments and making a recommendation to a future meeting. Proposal An application was submitted to amend Zoning By-law No. 2003-75 to rezone the subject property from Rural (RU) to Limited Service Residential – Waterfront (RLSW) and Limited Service Residential – Waterfront – Special Provision (RLSW-XX). Background The subject property is located at the end of Christel Lane, off Osborne Lane, which is off Burnt Hills Road. The property has water frontage on Dog Lake. The north end of the property consists of forested rock outcrops and an open field. The south end of the property consists of a high, bedrock plateau that is surrounded on three sides by the lake. The surrounding properties are developed with seasonal dwellings. Attachment 1 to this report shows the location of the subject property relative to local landmarks. The subject lands are subject to consent application S-02-20-S to create one residential lot. Provisional approval of the consent application was granted subject to conditions by the Director of Development Services on May 17, 2021 as this consent application met the criteria of an undisputed consent based on Delegation By-law 2020-27. Condition 16 requires the severed parcel and the retained parcel to be rezoned. The new zoning would bring the parcels into conformity with the Zoning By-law. The new residential lot (severed parcel) consists of approximately 1.2 hectares (3 acres) of land with 76 metres of frontage along Christel Lane and 134 metres of water frontage on Dog Lake. The severed parcel is vacant. The severed parcel needs to be rezoned from Rural (RU) to Limited Service Residential – Waterfront (RLSW) to recognize that the parcel fronts onto a private lane. The RLSW zone must have a special provision (RLSW-XX) to require a dwelling to be set back a minimum of 40
Natural, Vibrant and Growing – a Progressive Rural Leader
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REPORT TO COUNCIL DEVELOPMENT SERVICES metres from the highwater mark of the northern shoreline of Dog Lake and 30 metres from the highwater mark of the southern shoreline. The 40 metre setback was recommended in a report by Ecological Services (March 18, 2021) in support of the consent application. Attachment 2 to this report shows the building envelopes and sewage system locations on the severed parcel and the retained parcel. The retained parcel consists of approximately 1.2 hectares (3 acres) of land with 81 metres of frontage along Christel Lane and 91 metres of water frontage on Dog Lake. The retained parcel is vacant. The severed parcel needs to be rezoned from Rural (RU) to Limited Service Residential – Waterfront (RLSW) to recognize that the parcel fronts onto a private lane. Attachment 4 to this report is a draft by-law. Department and Agency Comments Comments from departments and agencies are summarized in this section of this report. Building Services was not circulated the rezoning application, as they had no objection to the approval of consent application S-02-20-S when they reviewed it earlier in 2021. When circulated the consent application, building staff confirmed there is one suitable location for a sewage system on the severed parcel and on the retained parcel. It is intended that these locations would be expressly reserved for the sewage system through site plan control, which is a requirement of the provisional approval of the consent application (Condition 9). The site plan control application will be brought forward to Council for a decision once it has been submitted. Cataraqui Conservation had no objection to the approval of consent application S-0220-S when they reviewed it earlier in 2021. Their position was conditional on future development being setback in accordance with the findings of the Ecological Services report (March 18, 2021). They confirmed, through the Rideau Waterway Development Review Team with Parks Canada, that they have no objection to the rezoning application. Comments from the Public No comments were received from the public on consent application S-02-20-S. Bob Volpe and Sue Keefe, owners of 131 Christel Lane, have expressed concerns about the aggressive development plans for the area, including blasting and site alteration. They urged Council to limit development of additional lakefront properties through regulations that minimize environmental burdens on the water and natural shore areas. Staff note that waterfront development will be an area of focus in the current Official Plan update process. Work is also being done to develop a shoreline protection by-law. Under the Planning Act, a public meeting is required to be held to receive comments from citizens on the proposed rezoning. The province has provided direction that public meetings are able to be held virtually using technology such as Zoom to obtain public
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REPORT TO COUNCIL DEVELOPMENT SERVICES input on planning applications. The public meeting for application Z-21-10 will be a virtual public meeting. Planning Analysis Provincial Policy Statement, 2020 The Provincial Policy Statement, 2020 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 3 of the Planning Act requires that Council decisions be “consistent with” the PPS. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. The Director of Development Services had consideration for the 2020 PPS in the decision to grant draft approval to consent application S-02-20-S. The proposal to rezone the lands through application Z-21-10 is consistent with the 2020 PPS, including Section 2, which encourages the protection of natural heritage, water, and agricultural resources for their economic, environmental and social benefits, and also Section 3, which directs development to areas that are not impacted by flooding hazards and erosion hazards. Residential development on the severed parcel would be required to be setback a minimum 40 metres from the highwater mark of the northern shoreline of Dog Lake, and 30 metres from the highwater mark of the southern shoreline, as recommended in a report by Ecological Services (March 18, 2021) in support of the consent application. Buildings and structures would also need to be setback a minimum of 15 metres from the top of bank of the steep slopes on the property. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan sets out the general direction for planning and development by defining strategic goals, broad objectives and policies. Section 3 – Growth Management sets outs policies intended to help guide new development across the County as well as manage change at a regional level. The Rural Lands policies are meant to recognize the importance of rural areas for future growth and create guidelines for development that is sensitive to the surroundings. The proposed development is consistent with these directions of the County Official Plan. Township of South Frontenac Official Plan, 2003 The subject lands are designated Rural in the Official Plan on Schedule A. The type and amount of development on Rural lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The Official Plan permits limited service residential development in the form of single detached dwellings and seasonal dwellings adjacent to waterbodies where the primary means of access is from a private road or a navigable waterway (section 5.7.7). Residential land uses may include accessory buildings and structures.
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REPORT TO COUNCIL DEVELOPMENT SERVICES The new zoning would bring the severed parcel and the retained parcel into conformity with the Official Plan and Zoning By-law. The intent of the RLSW zone is to recognize residential development on a waterfront property that is accessed by a private lane. This allows building permits to be issued for buildings and structures. Section 6.12 of the Official Plan allows the issuance of a building permit on vacant lots that are in a Limited Service Residential zone. Similarly, section 5.25 of the Zoning By-law indicates that building permits may be issued on a lot with frontage on a private lane and/or a navigable waterway if the lands are zoned RLSW. Section 5.2.7(b)(ii)(1) of the Official Plan intends that newly created lots which have a steep slope, minimal woody vegetation cover, thin soils and/or soils with poor phosphorus retention, may require a setback of up to 90 metres from the highwater mark. The applicant retained Ecological Services to perform an analysis using the Assessment of Municipal Site Evaluation Guidelines for Waterfront Development in Eastern Ontario’s Lake Country (Hutchinson Environmental Ltd., 2014). Site characteristics including soil texture and depth, slope and vegetation were taken into consideration to determine an appropriate horizontal setback between development and the shoreline of lakes on the Precambrian Shield. As indicated previously, there is one suitable location for a sewage system on the severed parcel and on the retained parcel. Ecological Services (March 18, 2021) determined that a minimum 30 metre setback from the highwater mark should be applied to sewage systems on the severed parcel and the retained parcel. This was based on the site characteristics in these suitable locations (e.g. there is deep soil, vegetation and minimal slope). The General Provisions of the Zoning By-law require sewage system to be set back a minimum 30 metres from the highwater mark of a waterbody. Ecological Services (March 18, 2021) determined that a minimum 40 metre setback from the highwater mark of the northern shoreline should be applied to buildings on the severed parcel, and that a minimum 30 metre setback from the highwater mark of the southern shoreline should be applied to buildings on both the severed and retained parcels. This was based on site characteristics in the proposed building locations (e.g. there is little soil and vegetation, steep slopes), and the demonstration that the topography of the site allows runoff to be directed in such a way to have a long circuitous route to the lake. The 40 metre setback for buildings and structures is reflected in the draft by-law. All other provisions of the Zoning By-law would apply to the parcels, including minimum setbacks from property lines and top of bank, and maximum lot coverage. Site Plan Control Condition 9 of the provisional approval of the consent application requires the applicant to apply for, and enter into, a site plan agreement with the Township. Township of South Frontenac Site Plan Control By-law No. 2003-25 may be applied to the subject property, as it contains lands within 90 metres of a waterbody. Site plan control is required to address the development of the lot and environmental standards of the
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REPORT TO COUNCIL DEVELOPMENT SERVICES Township, including reserving areas for sewage systems, identifying building envelopes, controlling runoff, and maintaining natural vegetation buffers. The site plan control application will be brought forward to Council for a decision once it has been submitted. Summary This rezoning application is consistent with the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the Township of South Frontenac Official Plan. It also represents appropriate planning for the subject lands. A report with a recommendation will be brought to a future Council meeting. Prepared by: Christine Woods, MCIP, RPP, Senior Planner Submitted/approved: Claire Dodds, MCIP, RPP, Director of Development Services Approved by: Neil Carbone, CAO Date of Site Visit: October 20, 2020 Attachments:
- Location Map
- Site Sketch
- Draft By-law 2021-XX
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Public Meeting Z-21-10 Applicant: Property:
2290998 Ontario Inc. Christel Lane, Storrington District Tuesday, July 13, 2021 7:00 p.m. Virtual Public Meeting Page 37 of 163
South Frontenac Council
Public Meeting Statement • The purpose of this public meeting is to hear comments on Zoning By-Law Amendment application Z-21-10. • If a person or public body does not make oral or written submissions at a public meeting, or make written submissions to South Frontenac Township before the by-law is passed, the person or public body may not be added to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. • If you wish to be notified of the decision of Council in respect to the application, you must submit a written request to the Clerk via email at amaddocks@southfrontenac.net. This will also entitle you to be advised of a possible Ontario Land Tribunal. • Anyone may appeal the decision to the Ontario Land Tribunal by filing with the Clerk within 20 days of the notice of decision.
2021-07-13
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• An appeal to the Ontario Land Tribunal may be filed with the Clerk of the Township not later than 20 days after the day that the notice of decision was given. The notice of appeal must set out the objection to the by-law and the reasons in support of the objection, accompanied by the required fee.
Agenda for Public Meeting • Planner reviews proposal and delivers report • Questions from Council • Comments from Applicant/Owner, Agent and the Public • Comments/Questions from Council • Close Public Meeting
Public Meeting Z-21-10
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Proposal • Rezone retained parcel from RU to RLSW
Insert new schedule when available
• Recognize waterfront property with frontage on private lane
• Rezone severed parcel from RU to RLSW-XX
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• Recognize waterfront property with frontage on private lane • Prohibit development within 40m of northern shoreline
Location
Public Meeting Z-21-10
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Location Retained parcel
S
Severed parcel
S
H
H
Public Meeting Z-21-10
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North end of property – Approximate sewage system locations
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Shared driveway to building envelopes Public Meeting Z-21-10
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North shoreline
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Public Meeting Z-21-10
Retained parcel building location 9
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Severed parcel building location at top of hill – southern shoreline to left, northern shoreline to right
Department and Public Comments • Building Department (Sewage System Review) • •
no objection to consent application there is one suitable location for a sewage system on each parcel
• Cataraqui Conservation • •
•
no objection to consent application future development must setback per Ecological Services report
Bob Volpe and Sue Keefe (131 Christel Lane) • •
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Public Meeting Z-21-10
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expressed concerns about the aggressive development plans for the area urged Council to limit development of additional lakefront properties through regulations that minimize environmental burdens on the water and natural shore areas
Policy Framework Provincial Policy Statement
Locally appropriate rural lot creation and residential development Lake water quality Erosion hazards
Frontenac County Official Plan Township of South Frontenac Official Plan
Site Plan Control
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Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting
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Questions and Comments • Questions from Council • Comments from Applicant/Owner, Agent and the Public • Comments/Questions from Council
Public Meeting Z-21-10
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Attachment 1: Location Map
Legend Road Highway Major Road Secondary Road Ferry Route
Assessment Parcels Settlement Area Citations
1.8
0
0.92
WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
1.8 Kilometers
Notes Z-21-10
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
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1: 36,112
Severed Parcel Retained Parcel
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-## BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO LIMITED SERVICE RESIDENTIAL – WATERFRONT (RLSW) AND LIMITED SERVICE RESIDENTIAL – WATERFRONT – SPECIAL PROVISION (RLSW-XX) ON LANDS DESCRIBED AS PARTS 4 TO 14 ON PLAN 13R22179, PART OF LOT 20, CONCESSION 9, GEOGRAPHIC TOWNSHIP OF PITTSBURGH, DISTRICT OF STORRINGTON: 2290998 ONTARIO INC. 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” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Limited Service Residential – Waterfront (RLSW) on the Severed Parcel in Consent Application S-02-20-S and to Limited Service Residential – Waterfront – Special Provision (RLSW-XX) on the Retained Parcel in Consent Application S-02-02-S as shown on Schedule “1”.
THAT Zoning By-law number 2003-75 as amended is hereby further amended by adding a new section RLSW-XX (Severed Parcel in Consent Application S02-20-S, Parts 4 to 14 on Plan 13R22179, Part of Lot 9, Concession 9, Geographic Township of Pittsburgh, District of Storrington – 2290998 Ontario Inc.) immediately after the last Limited Service Residential – Waterfront – Special Provision section to read as follows: RLSW-XX (Parts 4 to 14 on Plan 13R22179, Part of Lot 9, Concession 9, Geographic Township of Pittsburgh, District of Storrington – 2290998 Ontario Inc.) Notwithstanding the provisions of Section 10 or any other provision of this Bylaw to the contrary, on the lands zoned Special Limited Service Residential – Waterfront (RLSW-XX), the following provisions apply: The Principal Building and Accessory Buildings and Structures shall be: • •
Setback from highwater mark of northern shoreline (Minimum) Setback from highwater mark of southern shoreline (Minimum)
40 Metres (131.2 ft.) 30 Metres (98.4 ft.)
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 ##th day of MONTH, 2021. Read a first and second time this ##th day of MONTH, 2021.
Page 53 of 163 Read a third time and finally passed this ##th day of MONTH, 2021. 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. 2021- XX.
Passed this ##th day of MONTH, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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July 6, 2021 Ms. Claire Dodds, Director of Development Services and Members of Council Township of South Frontenac Box 100 4432 George St Sydenham, ON K0H 2T0 Re: Application #S02-20-S by for parcel rezoning by 2290998 Ontario Inc. (Gary Beach) Dear Ms. Dodds: We are writing to express our considerable concern about the aggressive development plans for our area. Between the late 1930s and 1950s, seven properties were developed from designated farmland along Christel Lane and on the point at the end of the Lane. Two newer sites have been approved in the past few years, but construction has not yet occurred there. The seven original properties were created in locations where conditions were hospitable to the key elements of development: easy water access, vehicle accessibility, level ground for building construction, access to potable water, and soil conducive to septic systems. The location of the two proposed lots was not previously developed because the sites didn’t meet the reasonable criteria to which the earlier properties were held by geological and topographical conditions. Recent development has involved blasting significant amounts of rock in the lots of this application and another lot near the “Warwick Camp” which is located off Christel Lane near the hairpin turn that have resulted in dramatic visual and environmental scarring of property that has long been a naturally inaccessible development area. In the foreseeable future, we hope that extreme steps like the massive rock blasting used to carve out these lots will be prohibited. The new Ecosystem Advisory Committee should henceforth review the commonsense viability of proposed development. Finally, we urge the Council to limit development of additional lakefront properties through regulations that minimize environmental burdens on the water and natural shore areas of all our Township’s 75 lakes. Other Townships in Ontario are beginning to consider limiting development because of the burden of environmental pressures caused by the impact of projects. Ontario has begun to develop limits in its “Lakeshore Capacity Assessment Handbook: Protecting Water Quality in Inland Lakes.” While this handbook focuses on Trout lakes, the difference between the water quality measures for Trout, Bass, Pike, and other prominent Dog Lake fish and animal species cannot be vastly different. We respectfully request that Council and other Town officials begin to take a different view of the characteristics of new development proposals and the long-term impacts on the water and shorelines as well as aesthetics of lakefront properties. Development pressures need to be countered by fresh responses to projects that are beginning to press the limits of environmental and human cultural impacts. Best Regards, Sue Keefe and Bob Volpe 131 Christel Ln. Battersea
Page 56 of 163 Michelle Hannah From: Sent: To: Cc: Subject:
Julian Barron July-09-21 8:52 AM Claire Dodds; Angela Maddocks; planning Barron, Keith; Pat Barron File # Z-21-10: Application #S02-20-S by 2290998 Ontario Inc. (Gary Beach)
Importance:
High
Hi Claire / Angela, Hope all is well. We’re writing to express our strong concern over the recent commercial / residential development on Christel Lane led by Gary Beach. My family has owned 135 Christel Lane since 1946 and we have personally witnessed the negative impacts to Dog lake and the surrounding watershed zones resulting from Gary’s commercial and residential development. The quality of the water has significantly degraded over the past several decades, due mainly to the many cottages developed along Dog & Cranberry Lake’s shorelines (e.g., sewage run-off, gray water, eutrophication, etc.). Gary in recent years has taken this too far, having conducted significant dynamite rock blasting which irreparably scar our land’s natural beauty. Furthermore, he has created a series of new roads and pathways, all of which disturb the delicate balance of our lakes and watershed zones and infringe on South Frontenac’s wildlife. He has done this without any communication to our family or our surrounding neighbors, many of which have owned cottages for decades. I find this conduct to be in direct opposition to the intent of our township to create a natural, vibrant, and growing community. We cannot grow at the expense of what makes South Frontenac a special place to live and visit. I respectfully ask that the council reconsider approving any parcels of land for rezoning until additional broader environmental impacts can be assessed by qualified subject matter experts. I look forward to participating in the July 13th virtual council meeting. Please let me know if you have any questions or concerns regarding my comments above. Thank you, Julian Julian Barron
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Page 57 of 163 Michelle Hannah From: Sent: To: Cc: Subject: Attachments:
Julian Barron < July-12-21 11:48 AM Claire Dodds; Angela Maddocks; planning; Michelle Hannah Pat Barron; Barron, Keith RE: File # Z-21-10: Application #S02-20-S by 2290998 Ontario Inc. (Gary Beach) Common five-lined Skink 1.jpg; Common five-lined Skink 2.jpg
Importance:
High
Hi Claire & Team, I’d like to formally submit the following evidence to the official record for tomorrow’s council meeting. I have attached two pictures I personally took of a critically endangered reptile in Ontario, the common five-lined skink. More information on this species can be found via the link below. https://www.ontario.ca/page/common-five-lined-skink I took these pictures within 50 yards of the property that is being considered for rezoning. The presence of a critically endangered reptile in the immediate area demonstrates that more environmental considerations should be assessed before any rezoning or development is to be considered. I look forward to participating in tomorrow’s Zoom. Thank you, Julian
From: Julian Barron Sent: Friday, July 9, 2021 1:19 PM To: Claire Dodds cdodds@southfrontenac.net Subject: RE: File # Z-21-10: Application #S02-20-S by 2290998 Ontario Inc. (Gary Beach) Thank you, Claire. Have a nice weekend! Julian Barron
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Page 60 of 163 Minutes of Council June, 1, 2021 Time: 7:00 PM Location: Electronic Participation/Council Chambers
Meeting # 20 Present (in Council Chambers): Mayor Ron Vandewal, Pat Barr, Ray Leonard, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff (Present in Council Chambers) : Neil Carbone - Chief Administrative Officer, Angela Maddocks - Clerk, Louise Fragnito - Director of Corporate Services and Treasurer Staff (Present via Electronic Participation): Claire Dodds - Director of Development Services, Anna Geladi - Planner, Christine Woods - Senior Planner 1.
Call to Order and Roll Call
a)
The Clerk conducted the roll call as outlined in the attendance noted above.
b)
Resolution Resolution No. 2021-20-01 Moved by Councillor Ruttan Seconded by Councillor Revill That the Council meeting of June 1, 2021 be called to order at 7:00 pm. Carried
Declaration of Office - Deputy Mayor
a)
Councillor Barr took the “Declaration of Office” starting her term as Deputy Mayor from June 1, 2021 to May 31, 2022.
Declaration of pecuniary interest and the general nature thereof
a)
There were no declarations.
Approval of Agenda
a)
Resolution Resolution No. 2021-20-02 Moved by Councillor Sutherland Seconded by Deputy Mayor Barr That the agenda for the June 1, 2021 Council meeting be approved. Carried
Scheduled Closed Session (at end of meeting)
Delegations - not applicable
Public Meeting
a)
Resolution - Open Public Meeting
Page 61 of 163 Minutes of Council June, 1, 2021 The Clerk provided an overview to the public outlining the process to be notified of the decision on the zoning by-law amendments and the process for filing an appeal to the Local Planning Appeal Tribunal. Resolution No. 2021-20-03 Moved by Councillor Sleeth Seconded by Councillor Morey That a public meeting be held to allow for input on planning matters related to: • Z-20-16 - Zoning By-law Amendment - 1712 Hitchcock Drive • Z-21-03 - Zoning By-law Amendment - 4826 North Shore Road • RC-21-04 Road Closing Application - Concession 13 between Lots 5 and 6 Carried b)
Z-21-03 - Zoning By-law Amendment - 4826 North Shore Rd - Kapler Anna Geladi presented the report on this amendment. An application has been submitted to amend Zoning By-law No. 2003-75 to rezone the subject lands from Limited Service Residential - Waterfront (RLSW) to Limited Service Residential - Waterfront - Special Provision (RLSW-59) and Residential Waterfront (RW). The subject property has frontage on North Shore Road and Loughborough Lake. The upland areas of the property are separated by the Loughborough Lake provincially significant wetland. The lands are developed with a single detached dwelling near North Shore Road. The property is subject to consent application S-03-21-L for a lot addition to a property municipally known as 1036 Brittara Lane. Provisional approval of this application was granted subject to conditions on April 9, 2021. Condition 9 requires the severed parcel to be rezoned so that the lands will have the same zone as the parcel receiving the subject lands. The severed parcel is a peninsula located on the south side of the wetland, and beside 1036 Brittara Lane. The RLSW zone is applicable to residential properties that have frontage on a private lane, or are accessed via a private lane, and have frontage on a navigable waterway. In the case of a lot addition severance, it is good planning practice to ensure the enlarged parcel has one consistent zone that applies to the whole property. The RLSW-59 zone applies to the lot that is being enlarged. The lands that are being added through the lot addition severance are also proposed to be zoned RLSW-59 to have one consistent zone on the enlarged parcel once the severance is finalized. Through the review of the consent application, staff determined that the retained parcel should also be rezoned. The retained parcel is zoned RLSW. However, it should be zoned Waterfront Residential (RW) since the property has frontage on, and is accessed from, a public road. This rezoning proposes to change the zoning on both the severed and retained parcels relating to consent application S-03-21-L. Ms. Geladi explained that this application is consistent with the Provincial Policy Statement 2020, the County of Frontenac Official Plan and the South Frontenac Official Plan, and it represents appropriate planning for the subject lands. There were no questions from Council or the public on this application.
c)
Z-20-16 - Zoning By-law Amendment - 1712 Hitchcock Drive (Ed Zimolag) Anna Geladi, Planner presented the report associated with this file. She noted that the subject property has frontage on Hitchcock Drive, but is accessed by Cardinal Lane, which runs through the property. The property abuts Stone Point Road, an assumed public road in a plan of subdivision. The lands are developed with a single detached dwelling located near Hitchcock Drive. The property is subject to consent application S-52-20-S to create one new residential lot with frontage on Stone Point Road. Provisional approval of this
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Page 62 of 163 Minutes of Council June, 1, 2021 application was granted subject to conditions on April 9, 2021. Condition 13 requires the severed parcel to be rezoned to Rural (RU) to recognize that this new lot is accessed from a public road. The severed parcel is located on the North West portion of the subject property between Stone Point Road and Cardinal Lane. Staff identified a 0.3 metre reserve along Stone Point Road as part of the review of the consent application. A 0.3 metre reserve means that the subject property does not have frontage on Stone Point Road. Staff sought direction from Council on this matter and on March 9, 2021, Council, sitting as the Committee of the Whole, directed staff to prepare a by-law dedicating and assuming a portion of the 0.3 metre reserve along Stone Point Road to provide the proposed lot frontage onto this public road. This by-law would provide the subject property frontage on Stone Point Road, thereby facilitating the creation of a new residential lot through the consent application. In preparing to fulfill the conditions of consent approval, the applicant’s lawyer identified that there are title issues that had not been identified as part of the original consent application. These title issues further impact access of the severed parcel to Stone Point Road. The applicant and their lawyer are working to resolve these issues. The by-law for the release of the 0.3 metre reserve will be brought back to Council for passing together with the by-law for this rezoning only after the title issues impacting the severed parcel have been resolved. Public Services and the Building Department (Sewage System Review) were not circulated the rezoning application. These departments had no objection to the approval of Consent Application S-52-20-S and to the release of the 0.3 metre reserve of Stone Point Road. At the time of writing there were no comments on this rezoning application received from the public. This application is consistent with the Provincial Policy Statement 2020, the County of Frontenac Official Plan and the South Frontenac Official Plan, and it represents appropriate planning for the subject lands. However, there were title issues identified that impact access of the severed parcel to Stone Point Road. Staff will await direction from Council to prepare a by-law to bring back to Council after the identified title issues are resolved to rezone the subject lands from Limited Service Residential (RLS) to Rural (RU) in order to enable development on a property that is accessed by a public road. Councillor Morey asked if the applicant is proposing to direct their driveway out to the public road instead of coming from the lane side. Anna Geladi confirmed that the parcel does not have frontage or does not touch the lane so the only access would be form the public road. The applicant, Ed Zimalog inquired about the time frame associated in completing the applicant process and rezoning as well as the release of the 0.3 metre reserve. He confirmed that his lawyer is looking into the title issue and there is not any anticipated delay because of this. Ms. Geladi indicated that staff proposes to bring back to Council for approval two by-laws, one to address the release of the reserve of Stone Point Road and the other to address the rezoning. Both of these are proposed to be brought back to Council when the title issue is resolved, the earliest date being June 15, 2021 pending the 20 day appeal period. There are other conditions of the consent application that also need to be completed. Christine Woods reiterated that the title issue needs to be resolved prior to coming back to Council for approval.
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Page 63 of 163 Minutes of Council June, 1, 2021 d)
RC-21-04 - Closing Application - Between Lots 5 and 6 Concession 13 Bedford
- Cook Claire Dodds, Director of Development Services presented the application. The road allowance is aligned east to west, running from Perth Road (across from MacComish Lane), to Devil Lake. The road allowance begins as a steep embankment at Perth Road, runs across the wetlands before it ends at Devil Lake. The owner of the lands municipally known as 38 Coronation Lane, Lelah Cook and her son, Timothy Cook acting as her agent, have filed a road closing application requesting Council stop up, close and transfer approximately 20 metres by 270 metres of unopened road allowance being part of the unopened road allowance between Lots 5 & 6, Concession 13, District of Bedford. 38 Coronation Lane is a waterfront parcel of land located southwest of the unopened road allowance. The lands are developed with a cottage and outbuildings, including a boat house. The parcel to be enlarged is approximately 0.25 acres in size, being an undersized, legal non-complying parcel. By adding the road allowance to this property, the parcel would be closer to conforming to the current Comprehensive Zoning By-Law 2003-75 provisions and will enable the applicants to restore the boathouse that is currently located on the unopened road allowance. The applicant had originally submitted a request to purchase the full width of the road allowance 270 metres by 20 metres that would be parallel to the applicants existing property. Planning staff and public services staff visited the site on October 28, 2020. Public Services staff advised that they have no issues with selling the road allowance as it runs through a wetland that would be negatively impacted if a road or public access of any nature were to be constructed over the road allowance. There is also a steep embankment where the road allowance meets Perth Road that would pose challenges for access and sightlines. Ms. Dodds reported that Planning Staff have received two replies to the Public Notice from adjacent land owners. Both adjacent land owners advised that they were concerned that the portion of road allowance that encompassed the wetlands may be sold to individual property owners because there may be potential for buildings within the wetlands. Planning staff have advised that a minimum 30 metre setback for any new structures would be required in accordance with Zoning By-law 2003-75. If any structure were proposed at a reduced distance, permission through a minor variance would be required and it would be up to the Committee of Adjustment to make a decision on any applications. The Committee would take into consideration Planning Staff and Conservation Authority staff reports and comments before making a decision. The abutting property owners were satisfied that the wetlands would be sufficiently protected in this regard. The southerly adjacent land owner was also concerned about the boathouse and the demolition and re-construction in a safe and environmentally friendly manner. Planning staff advised that any demolition and reconstruction of the boathouse will require demolition permits and building permits to be obtained through the building department, permits will also be required through the Cataraqui Conservation Authority for the re-construction. The property owner advised that they were pleased to hear this and that they may consider purchasing a portion of the southeasterly side of the road allowance that abuts their property. No application has been made for any portion of the road allowance to date. Concerns in relation to the property fabric shown in the Frontenac Maps illustration as well in the historical surveys were also discussed with both adjacent neighbours. Planning staff advised that while Frontenac Maps is a great tool utilized by Township Staff and members of the public, it is not a formal survey and only a qualified Ontario Land Surveyor is
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Page 64 of 163 Minutes of Council June, 1, 2021 able to produce exact measurements and lot line placement. A formal survey will be required to be completed and registered prior to the by-law being drafted and Council approving the transfer of the lands. The area around the boat house is recognized as a significant wetland and would be required to be maintained in the environmental protection area and the applicant could not construct anything within this defined area. Ms. Dodds noted that written concerns were received just prior to the business day from John and Marjorie Burke and Shane and Liz White. In response to these concerns, she clarified that with the replacement of the boat house it could be reconstructed back to its original dimensions, however anything larger would require additional planning applications for which adjacent property owners would be notified of. She clarified that boat houses are not permitted as of right in the current Zoning By-law and they are essentially only permitted when its to be replaced or repaired if it is an existing boat house. There is a swimming area utilized by the public and neighbours in close proximity to the boat house and the piece of road allowance. The concern is whether this access to the road allowance and the swimming area be maintained. She confirmed that the applicant is aware that Devil Lake is one of the lake trout sensitive lake. With respect to the concerns from adjacent property owners about what the applicant could do with the acquired road allowance, Ms. Dodds indicated that subject zoning setbacks and the wetland features essentially the applicants could reconstruct the boat house and the ands that would be added to their property would enlarge it and subject to the appropriate setbacks for zoning from environmental features and the highwater mark they could use it as an enlargement of their existing property. Councillor Revill met with some residents on site and the concern about swimming in this area with a sandy beach. He was concerned about closing this road allowance as it does not meet with the township policy where we do not close off road allowances leading to water. He felt the boat house would be more of a “dry boat house” and suggested that the building could be reconstructed back on the owner’s property away from the road allowance. He questioned whether the owners of the boat house may have acquired some “possessory title” of township land since it’s been there since 1954, or whether in fact it is a moot point that we are closing the road allowance or not. He also questioned the closing of the road allowance as it is being used to access the beach area as pointed out by the neighbours. Mayor Vandewal felt these were questions that require a legal opinion instead of responding. Claire Dodds agreed that it would be a struggle for the township to require them to remove the boat house. A final report will encompass these questions and concerns. Councillor Sutherland was concerned about going against the township policy on closing road allowances leading to water. This area clearly provides a sandy beach area that provides public access. He understood the grandfather policy about the boat house, nonetheless he felt it was quite possible put on public property originally and this should not be rewarded. He recognized that obtaining a portion of the road allowance will improve the lot in terms of size it would also dramatically improve the value of the applicants lot. He felt the maximum rate per acre for this property should be applied to the sale if it is approved. If as the initial survey shows that only half of the road allowance is part of the property, the survey only dealt with half of the road allowance. He felt it was reasonable to to compromise and that the township keep a portion to maintain the beach area. He felt there is no evidence to indicate the boat house was constructed there legally or otherwise and we have to go against
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Page 65 of 163 Minutes of Council June, 1, 2021 township policies with respect to lake trout sensitivity on this lake and closure of a portion of road allowance leading to water. Councillor Ruttan echoed Councillor Sutherland and Revill’s comments. He felt that if the owners were serious about maintaining the property that the boat house would have been kept in better shape that what photos indicate, it does not look like it is usable at all. He felt they had allowed it to go to a derelict state. Deputy Mayor Barr cautioned that the survey supplied by the owner was correct at the time and that the boat house was built to the standards of the day. She felt the applicant is entitled to rebuild the boat house within the 30 metre setback and should be entitled to rebuild within the same footprint. She felt the township should obtain a legal opinion about the survey and the lot lines. It has been used in the same manner for a number of years she felt the township would not be able to dispute that. Councillor Revill noted the location the boat house abuts the wetland to the north and if the boat house could be rebuilt in an area closer to the south he didn’t see any particular value in keeping the boat house in the existing area. If it could be relocated /moved moved 20 to the south, the concerns from other residents about use of the beach area where swimming could still occur might be addressed. He noted an updated survey would be helpful to determine the property lines are would be most helpful. Mayor Vandewal noted that Council has looked at and considered closing unopened road allowances from a cliff due to accessibility to the water however this area while not necessarily known to all the public, he didn’t support closing this portion. Tim Cook, the applicant/agent, confirmed the intent was just to fix the boathouse. He confirmed that they would be interested in only half of the road allowance. Laura Burke, on behalf of John and Marjorie Burke and Shane and Liz White and they are mostly concerned about their right-of-way to use the road to go down to the water without remove existing cedar hedges. If the road allowance was closed and sold, they would have to cross his property to get to the water. They have enjoyed this property since 1954. Her parents are elderly and its difficult to for them to access without the use of a vehicle. She wanted assurance that they will be continues to use the right of way despite the closure of road allowance. She understood the discrepancy of the surveys. Liz White, speaking on behalf of her mother- in-law Diana White, confirmed that they do use the road allowance regularly as well as the public and young children in the area. They have no assurances from the Cooks’ that they will continue to be able to access the road allowance and public beach. She speculated that the boat house most likely contains asbestos and was concerned about the demolition of it being done safely. Councillor Sutherland sought clarity on where the White’s accessed the road allowance. Liz White suggested that over the years the road allowance has been filled in, there are three cottages up on Coronation Lane that utilize the road allowance to get to the beach. A satellite version of the property was displayed that provided clearer definition of accessing the road allowance. Claire Dodds encouraged the property owners to engage in conversation about possible options that would be of mutual benefit to all. Any demolition would require a permit and this would regulate the safety removal of the boat house.
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Page 66 of 163 Minutes of Council June, 1, 2021 Planning staff are willing to continue the conversation to arrive at an agreement but acknowledged that it will take some time for these items to be resolved as there is already a back log of existing applications in the que. Chris Stethem, owner of the property to the north, pointed out that the survey is incorrect as it relates to their property. A survey from 1990 that is reflected on their deed shows the road allowance going in a straight line. He agreed that a further survey will assist in providing clarity on property liens. Council encouraged all property owners in the area to work together for a resolution. Councillor Revill felt it was more important to have a survey of the area only around the boat house and existing rights of ways. e)
Resolution - Close Public Meeting Resolution No. 2021-20-04 Moved by Councillor Roberts Seconded by Councillor Leonard That having provided an opportunity for input, the public meeting be closed. Carried
Approval of Minutes
a)
May 18, 2021 Council Meeting Resolution No. 2021-20-05 Moved by Councillor Ruttan Seconded by Councillor Roberts That the minutes of the May 18, 2021 Council meeting be approved as presented. Carried
Business Arising from the Minutes
a)
Notice of Motion - Source Water Protection Resolution No. 2021-20-06 Moved by Councillor Sutherland Seconded by Councillor Ruttan That Council endorse the resolution passed by the Town of Fort Erie regarding legislative changes to ensure that those in our community who rely on wells and other private servicing for clean drinking water are afforded the same source water protection as municipal drinking water systems. And that this resolution be circulated to the Honourable Doug Ford, Premier of Ontario, the Honourable Jeff Yurek Minister of the Environment, Conservation and Parks, Andrea Howarth, Leader of the Opposition, all Conservation Authorities and and the Association of Municipalities off Ontario. Carried
Reports Requiring Action
a)
Updated OPP Detachment Board Composition Resolution No. 2021-20-07 Moved by Councillor Sleeth Seconded by Councillor Morey
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Page 67 of 163 Minutes of Council June, 1, 2021 That South Frontenac Council supports the updated recommendation from the Chief Administrative Officers of the Frontenac townships regarding the structure of a new Detachment Board for the Frontenac OPP, involving a nine (9) votingmember board as outlined in the report dated June 1, 2021. Carried b)
2021 Community Grant Recommendations Resolution No. 2021-20-08 Moved by Councillor Sutherland Seconded by Deputy Mayor Barr That Council receive and approve the listing of staff recommended Community Grants included as Attachment 2 to the report prepared and dated June 1, 2021 from Louise Fragnito, Director of Corporate Services and Treasurer; and, That any remaining funds be allocated to a second intake to be issued in the summer of 2021. Carried
c)
2021 COVID-19 Community Grants Recommendations Resolution No. 2021-20-09 Moved by Councillor Sleeth Seconded by Councillor Morey That Council receive and approve the listing of staff recommended COVID-19 Community Grants included as Attachment 2 to he report dated June 1, 2021 and prepared by Louise Fragnito, Director of Corporate Services and Treasurer; and, That any remaining funds be allocated to a second intake to be issued in the summer of 2021. Carried
d)
Road Closing Applications - RC-20-03 and RC-21-02 - 30 Rideau Crescent Lane and 5508 Rideau Road See By-laws 2021-29 and 2021-30
Committee Meeting Minutes - none
By-laws
a)
By-law 2021-29 - Stop up, close and sell road allowance - Rideau Crescent (Cunningham & King) Resolution No. 2021-20-10 Moved by Councillor Roberts Seconded by Councillor Leonard That the following by-laws be given first and second reading: • By-law 2021-29 • By-law 2021-30 Carried Resolution No. 2021-20-11 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2021-29, being a by-law to stop up, close and sell a portion of an unopened road allowance being Part 2 on Plan 13R22405, Part of Rideau Crescent, be given third reading, signed and sealed. Carried
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Page 68 of 163 Minutes of Council June, 1, 2021 b)
By-law 2021-30 - Stop up, close and sell road allowance - Part of Rideau Crescent (Prunster) Resolution No. 2021-20-12 Moved by Councillor Morey Seconded by Councillor Sleeth That By-law 2021-30, being a by-law to stop up, close and sell a portion of an unopened road allowance, being Part 1 on Plan 13R22405, Part of Rideau Crescent, be given third reading, signed and sealed. Carried
Reports for Information
a)
Open Farms 2021
Information Items
a)
County of Frontenac - Notice of Public Meeting - Draft Plan of Subdivision (Willowbrook Estates)
Notice of Motions - none
Announcements/Statements by Councillors
a)
Councillor Sleeth inquired about the recruitment status related to the Director of Public Services position and outlined some concerns he had about work to be done. The CAO confirmed that the posting will be out next week for this position.
b)
Councillor Revill suggested that once there is capacity in Public Services, there may be some dollars found to secure/improve Petworth Mill. There was a brief discussion about short and long term plans for properties such as the Petworth Mill and the Battersea dock. Councillor Ruttan suggested that consideration for the 2022 budget needs to acknowledge these projects and how to move forward with improvements. Councillor Leonard agreed with Councillor Sleeth about securing the walls at Petworth Mill for safety and liability reasons.
c)
Mayor Vandewal complimented staff on preparing for the Vaccination Clinic at Keeley Road. This was a great community event.
d)
The CAO reminded Council about the June 17, 2021 Strategic Plan Review meeting at 9:00 am.
Question of Clarity (from the public on outcome of agenda items)
a)
There were no questions.
Closed Session
a)
Pending Acquisition of Land - Bellrock Mill In accordance with the Municipal Act, Section 239.2 (c) Council will move into a closed session to discuss a proposed or pending acquisition or disposition of land by the municipality or local board; with regard to the Bellrock Mill. Resolution No. 2021-20-13
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Page 69 of 163 Minutes of Council June, 1, 2021 Moved by Councillor Morey Seconded by Councillor Ruttan That in accordance with the Municipal Act, Section 239.2 (c) Council move into a closed session to discuss a proposed or pending acquisition or disposition of land by the municipality or local board with regard to the Bellrock Mill property. Carried b)
Pending Land Acquisition - Bellrock Mill
c)
Resolution - Move out of closed session Resolution No. 2021-20-14 Moved by Councillor Sleeth Seconded by Councillor Morey That Council move out of closed session and rise and report in open session. Carried
Rise and Report from Closed Session
a)
By-law 2021-31 - Purchase Bellrock Mill Resolution No. 2021-20-15 Moved by Councillor Leonard Seconded by Councillor Morey That By-law 2021-31, being a by-law to purchase property knows as the Bellrock Mill, described as Concession 11, Part Lot 19, Plan 31, Lot 18, 6024 Main St, Bellrock, be given first and second reading this 1 day of June 2021. Carried Resolution No. 2021-20-16 Moved by Councillor Revill Seconded by Councillor Sutherland That By-law 2021-31, being a by-law to authorize the purchase of the Bellrock Mill property be given third and final reading this 1 day of June 2021. Carried
Confirmatory By-law
a)
By-law 2021-32 Resolution No. 2021-20-17 Moved by Councillor Leonard Seconded by Councillor Roberts That By-law 2021-32, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given first and second reading this 1 day of June 2021. Carried Resolution No. 2021-20-18 Moved by Councillor Revill Seconded by Councillor Sutherland That By-law 2021-32, being the confirmatory by-law, be given third and final reading this 1 day of June 2021. Carried
Adjournment
a)
Resolution
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Page 70 of 163 Minutes of Council June, 1, 2021 Resolution No. 2021-20-19 Moved by Councillor Leonard Seconded by Councillor Roberts That the Council meeting of June 1, 2021 be adjourned at 9:05 p.m. Carried
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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Page 71 of 163
Minutes of Committee of the Whole June 8, 2021
Time: 7:00 pm Location: Council Chambers/Electronic Participation Meeting # 21 Council (Present in Council Chambers): Mayor Ron Vandewal, Pat Barr, Ray Leonard, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff (Present in Council Chambers): Neil Carbone - Chief Administrative Officer, Angela Maddocks - Clerk, Darcy Knott - Director of Fire and Emergency Services Staff (Present via Electronic Participation): Claire Dodds - Director of Development Services, Christine Woods - Senior Planner 1.
Call to Order and Roll Call
a)
The Clerk conducted the roll call as outlined in the attendance noted above.
b)
Motion Moved by Councillor Morey Seconded by Councillor Sleeth That the June 8, 2021 Committee of the Whole meeting be called to order at 7:02 pm. Carried
Declaration of pecuniary interest and the general nature thereof
a)
There were no declarations reported.
Approval of Agenda
a)
Motion Moved by Councillor Revill Seconded by Councillor Ruttan That the agenda for the June 8, 2021 Committee of the Whole meeting be approved as presented. Carried
Scheduled Closed Session - not applicable
Public Meeting
a)
Motion Moved by Deputy Mayor Barr Seconded by Councillor Sutherland That a public meeting be held to allow for input on planning matters related to: • Z-21-08 - Zoning By-law Amendment - 2623 Green Bay Road • Township Initiated Administrative Amendments to By-law 2003-75
Page 72 of 163 Committee of the Whole June 8, 2021 Carried b)
Public Meeting Statement The Clerk provided direction about oral or written submissions with respect to the Zoning By-law amendments being heard and the appeal process to the Local Planning Appeals Tribunal once a decision has been made on these applications.
c)
Z-21-08 - Zoning By-law Amendment - 2623 Green Bay Road - Powis Christine Woods, Senior Planner presented this application. She noted that the subject property is 70 hectares (173 acres) in area. The lands consist of forest and open fields. The property surrounds a non-operating (closed) Township landfill on Green Bay Road. The property is developed with a single detached dwelling, an accessory detached garage and an accessory storage building. She clarified that the application is to change the RU Rural zoning to Rural Special Provision (RU-XX) to permit an additional dwelling unit in an ancillary building. She apologized that the notice that was circulated identified this building as a mobile home, however this is an error and a prefabricated home is what is being proposed. She indicated where the existing structure is located and where the proposed structures are to be located if approved. The Building Department has no objection to this application. Public Services staff comments on the proximity of the proposed additional dwelling were not received at the time of writing the report. however since then it has been determined that the applicant will be required to undertake a study with regard to ground water issues due to close proximity to an existing landfill. Michael Dobmeier, 61 Buckert Lane, had inquired about the site specific zone covering the entire property and whether the zone would allow a third dwelling in the future although he had no objection to the proposal. Ms. Woods explained that the planning framework and this zoning would not allow additional dwellings. In terms of the policy framework, the Planning Act, the Provincial Policy Statement and the County of Frontenac Official Plan encourage additional residential units. The Township Official Plan states no development shall be permitted within 500 metres of the fill area of a sanitary landfill unless a study has been completed to the satisfaction of the Township indicating that the landfill operation, including any groundwater contamination, will not have an adverse impact on the proposed development. The proposed additional dwelling unit would be more than 60 metres to the shared property line with a landfill. In her opinion conditions can be met for the additional dwelling maintain rural character and support housing goals. The applicant will be required to undertake a study that shows the landfill will not have an adverse affect on the proposed development such as groundwater contamination and methane gases, this will need to be peer reviewed as well. Public Services staff in consultation with the Ministry of the Environment Conservation and Parks has indicated that this study should be done in order to support the second dwelling unit as it will be located within 500 metres of the landfill. Mayor Vandewal asked if this creates the potential in the future to sever since there is a potential for two stand alone dwellings. Ms. Woods clarified that there is a shared driveway and a well and hydro connection. A sewage system will not be shared due to the topography of the land. In theory they could apply in the future but the township would consider it on it’s own merits at that time but they would need to ensure adequate water.
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Page 73 of 163 Committee of the Whole June 8, 2021 The Clerk confirmed a number of people had registered to attend this meeting virtually. Gilbert Boehm did not have any comment. Mr. Dobemeier thanked the Senior Planner for providing clarity on his previous concerns but had not further comments. Sandra Frost had no comments. Jonathan Price had no comments on this application. d)
Z-21-06 Township Initiated Administrative Amendments to By-law 2003-75 Christine Woods, Senior Planner presented her report on this township initiated amendment to consider emerging issues and specific situations, general and/or technical changes to clarify by-law requirements. The proposed amendments are expected to clarify by-law requirements for staff and applicants and will streamline the development process. The existing zone RLS- 2 zone applies to properties with frontage on public roads that are not winter maintained and restricts residential development to seasonal dwellings. Roads that have been updated in the winter maintenance program include Hanna Road, Steele Road, Lake Road, James Wilson Road and Timmerman Road, however there are zones on some of these properties that are restricted and are accessed year round but the development is restricted. The proposal is to change 36 properties to RU, RW, RLS or RLSW. Supportive comments have been received from landowners however there was concern about potential change to assessment and taxes. These properties are typically used in a residential manner and it is not anticipated that this will change. Ms. Woods noted that the change to a year round road access may have an impact on the assessment. The second amendment is to correct site specific zone errors for 12 properties, to clean up the text where there are duplicate zones or incorrect references and expansion of zone to reflect approval or use. The third amendment is to update the minimum distance separation (MDS) for livestock facilities to be consistent with the provincial guidelines. Ms. Woods explained that he MDS 1 setback will not be applied to new development within settlement areas, and the MDS II setback will not be reduced except in limited site specific circumstances. The amendment could clarify that the seven cemeteries in South Frontenac are Type A land uses for calculating MDS II setbacks. The fourth amendment is to remove the requirement for site-specific zoning for group homes as it is currently not in keeping with the Ontario Human Rights Code. Group Homes would be removed from the “Community Facility” zone and be listed as a permitted use in all residential zones on public roads. There will be parking requirements added to the general provisions. Supportive comments have been received on this change. Councillor Revill questioned the MDS II calculation that it is still to be applied in settlement areas and he felt this was contradictory, was this a provincially mandated change or just the township. Ms. Woods clarified that neither should be applied and these are not to be applied in settlement areas as per provincial guidelines. MDS I and II are not to be applied to settlement areas as this is the area where growth is directed. Jonathan Price indicated that a section of his property is on a road that is not currently maintained and he questioned then whether only a portion of his
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Page 74 of 163 Committee of the Whole June 8, 2021 property would be rezoned or the entire parcel. Ms. Woods indicated that without knowing specifically where Mr. Price’s property is located that generally the zone would be changed to the entire property, either a Rural Zone or a Waterfront Residential Zone Gilbert Boehm asked about the changes in zoning regarding the winter maintenance and the possibility of MPAC reassessing the value of his property; is this simply because of the zoning change or is the zone change a basis for some of the properties to sell for higher amounts. Ms. Woods interpreted that the change in assessment would be based on the zone change but the fact that the road is now year round maintained which can create a higher value to those properties located on the road. Mr. Boehm asked if MPAC would be notified of the zoning change and would they then reassess all properties based on the zoning change to acknowledge that it is on a year round maintained road. He suspected that they would experience an increase in the current value assessment. Ms. Woods reported that MPAC zoning is not advised of zoning changes. Ms. Dodds clarified that MPAC may become aware of the change in the year round maintenance but she did not believe that this type of zone change would trigger an increase or reassessment from MPAC. Cyrus Mavalwala has an active farm on more than half of his property and he asked if the changes would affect what their property is currently zoned to permit and if a future opportunity such as a hotel would be affected by this change. Will this keep all existing opportunities within his existing zoning, or is this changing things? He anticipates the reassessment by MPAC next year. Ms. Woods confirmed a previous conversation with Mr. Mavalwala who owns property on Hanna Road which is one of those that most of the property is actively farmed and most of the surrounding houses and cottages are along the shoreline of Wolfe Lake. The RLS2 zone allows a seasonal dwelling, agriculture uses and conservation uses, as generally there isn’t as much activity happening in the winter months. Changing the zone to RSLW does not permit agriculture as a use however this particular property would be allowed to continue as an agriculture use. She interpreted that this zoning change would not affect the agriculture operation however she confirmed that it is not zoned to permit a hotel. Mr. Mavalwala was concerned about the possible short term interruption of his farming operation and what effect there might be. Christine Woods confirmed that it is an actively farmed area and it is best practice to allow land to remain fallow for a few years, it would still continues to be agriculture. Mr. Mavalwala asked about property close to his at the end of Hanna Road currently RLS and it has waterfront, he wondered why this parcel was not begin zoned the same as the rest. Ms. Woods clarified that this zone is intended to be within the Rural zone to recognize the size of the lot and that the majority of it has an agricultural use. e)
Motion - Close public meeting Moved by Deputy Mayor Barr Seconded by Councillor Sutherland That having provided an opportunity for input on planning matters, the public meeting be closed. Carried
Delegations - none
Reports Requiring Direction
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Page 75 of 163 Committee of the Whole June 8, 2021 a)
•
Open Air Burning Permit System and By-law
Council had several concerns about implementing a new system and the proposed changes to the burning by-law. These concerns included the following:
- Data and statistics regarding how this system ensures compliance
- statistics and data from similar sized municipalities would be helpful
- What is the actual cost of the proposed Open Air Burning Permit System? What is the annual cost based on notifications?
- Initially should there be no fee to obtain a burning permit to encourage buy in
- will there be a way in which individuals who have been incorrectly fines/penalized be provided details on how to appeal?
- assumptions that all residents have access to internet to purchase, how and where will they obtain permits in person
- How will camp fires be addressed? Will a burning permit be required for them and won’t be this be difficult to regulate
- could the use of mobile signage work better than the proposed new system? sharing information with lake associations, on the website and social media can be utilized more
- public consultation is important, lots of seasonal residents that need to have input on proposed changes
- the township telephone greeting isn’t being kept accurate
- information could also be included in tax bill inserts
- the more “buy-in” you have for the permitting system, the more expensive it is to operate
- cautious approach, make sure there is evidence that this system works and compliance is achieved
- there’s already many several updates to the fire ban status in 2021 that would have been expensive if this program was in place.
- are there other permit systems on the market?
- input on the public engagement/consultation portion is requested
- this is an educational program, no proof of cost savings The Director confirmed that the intent of the program is to achieve a net zero; the initial cost of $15,000 included an expected 1000 users with notifications built into that cost. Answers to Council’s questions and the data and information from public consultation will come back to a Committee of the Whole meeting. An amendment was proposed to the motion by Councillor Revill and seconded By Councillor Ruttan to remove the last paragraph of the original motion and to provide more context to Council’s expectations. Moved by Councillor Ruttan Seconded by Councillor Revill That Committee of the Whole provides feedback to staff regarding the original burn permit proposal and amended Burning By-law 2020-54; and That Committee of the Whole supports moving ahead with community consultation on the proposed Open Air Burning Permit System; and, That based on the community consultation, Committee of the Whole supports staff bringing forward an amended Open Air Burning By-law for consideration by Council.
Moved by Councillor Revill Seconded by Councillor Ruttan Amendment:
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Page 76 of 163 Committee of the Whole June 8, 2021 That Committee of the Whole provides feedback to staff regarding the original burn permit proposal and amended Burning By-law 2020-54; and That the Committee of the Whole supports moving ahead with community consultation on the proposed Open Air Burning Permit System including statistical information on costs after the public consultation is completed. Carried - as amended b)
Council & Committee Procedures Review This is one of the CAO’s objectives for 2021. Comments about the review include:
- Strong support to maintain the standing committee structure that currently exists although there was support to consider other options.
- Only the Public Services Committee has conducted regularly scheduled meetings - this is worth maintaining
- There should be more Committee of the Whole meetings to allow for more productive conversation.
- Accountability and transparency needs to be considered, decisions are being made without opportunity for detailed discussions
- Efficiencies for productivity at the committee level could be looked at Moved by Councillor Roberts Seconded by Councillor Leonard That Committee of the Whole supports a review of the Township’s Council, COTW and Standing Committee Structures to be brought forward to Council along with recommendations for possible changes. Carried
Reports for Information
a)
Building Department Stats - May 2021 A request to separate the Part 8 statistics from other building/construction statistics.
b)
Planning Department Stats - May 2021 Mayor Vandewal felt the data collected for phone and email inquiries did not need to be included. Updates on the status of subdivision/plan of condominium applications would be helpful.
Rise & Report from Committees of Council
a)
Frontenac County Council Councillor Revill reported that the June 16, 2021 meeting will be in person. The County has received approval for infrastructure funding for the K & P Trail.
b)
Frontenac Community Arena Board Councillor Roberts reported that the floor has been poured and that officially it can be shared that a grant has been received for this project. The next board meeting is scheduled for June 16. Arena staff are looking forward to the fall when the facility can be enjoyed by the public again.
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Page 77 of 163 Committee of the Whole June 8, 2021 Councillor Leonard reported that the boards have gone up around the floor area. c)
Police Services Board Councillor Sleeth reported that recruitment will be underway for a new Detachment Commander as Sharron Brown is retiring. He noted that a new structure for Police Services Board composition has been approved recently. Mayor Vandewal indicated that someone at the local detachment has been appointed as “Acting Detachment Commander” in the interim and an introductory meeting is scheduled for next week.
d)
South Frontenac Museum Committee Councillor Leonard reported that the flower bed has been planted at the museum. There has been discussion about further clean up of the Petworth Mill.
Information Items - none
Notice of Motions - none
Announcements/Statements by Councillors
a)
Councillor Sleeth expressed his disappointment about the delay in roadside mowing this year. He suggested that every other municipality has already done all of their roads and South Frontenac has only just started the main roads. He felt this didn’t look good to visitors in the area.
b)
Mayor Vandewal clarified that this portion of the agenda is sometimes misused. Some of the items can as easily be addressed through reaching out to staff directly.
Question of Clarity (from the public on outcome of agenda items)
a)
There were no questions of clarity.
Closed Session - not applicable
Adjournment
a)
Motion Moved by Councillor Leonard Seconded by Councillor Roberts That the Committee of the Whole meeting of June 8, 2021 be adjourned at 8:48 p.m. Carried
Page 7 of 7
Page 78 of 163
REPORT TO COUNCIL CLERKS DEPARTMENT
AGENDA DATE: July 13, 2021 SUBJECT: Notice of Motion: Wilton and Yarker Road Intersection RECOMMENDATION Whereas the intersection of Yarker Road and Wilton Road has been identified as a higher risk intersection: and, Whereas the municipality intendeds to explore realignment options on this intersection, Be it resolved that Council request a report from staff outlining the process and options to improve the safety of this intersection, including how options such as a four way stop, round-about or other alternatives will be assessed.
BACKGROUND Council’s Procedural By-law 2017-76 establishes the process for Notice of Motion. At the Committee of the Whole Meeting on June 15, 2021 Mayor Vandewal served a notice of motion requesting that staff provide an update on the process to determine the best approach to improve the intersection of Yarker and Wilton Roads and recommendations about safety as this intersection has been identified as a higher risk. A notice of motion requires a seconder at the next regular Council meeting. If seconded, the motion is debated and voted on.
ATTACHMENTS None Prepared by: Angela Maddocks Clerk Submitted/approved by: Neil Carbone Chief Administrative Officer
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 79 of 163
REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
AGENDA DATE: July 13, 2021 SUBJECT:
2021 Private Lane Upgrade Assistance Program
RECOMMENDATION: That Council approve the grant subsidies for the 2021 Private Lane Upgrade Assistance Program as outlined in Option 3 totalling $107,098.01. BACKGROUND: In January of this year Council approved its 2021 Operating and Capital budgets which included an allocation of $100,000 to the Private Lane Upgrade Assistance Program. The purpose of this annual program is to offer grant incentives for private lane associations that carry out construction improvements that offer improved access for emergency vehicles. On June 4th, 2021, the application deadline for the 2021 program closed with a total of 30 grant applications. Out of the 30 applications received, only one (1) application was deemed incomplete after several attempts to obtain supporting materials. The details of the complete applications are listed alphabetically below: Lane
Eligible Expenses (Inc. HST)
Alamo Lane
$21,470.00
Barr Lane Belknap Lane Burns Lane Deer Park Lane Dow Lane Fairhaven Lane Garter Lake Lane Gold Dust Lane Gossage Lane Hambly Lane Hiawatha Lane Howes Lake Lane Lost Hills Lane Memory Lane Meredith Lane Miner Lake Lane Oakshores Lane/Oakshores Cres/Acorn Lane
$5,553.95 $3,000.00 $5,141.50 $11,040.10 $10,763.25 $10,735.00 $3,444.80 $10,537.25 $7,006.00 $9,028.70 $3,811.00 $5,028.00 $7,910.00 $2,248.70 $19,153.00 $17,274.34 $3,277.00
Lane (continued)
Eligible Expenses (Inc. HST)
Old Fourteen Island & New Island View Lane
$9,853.60
Old Thirteen Island Lake Lane Osbourne Lane Otter Point Lane
$4,288.35 $16,608.97 $3,500.00
Natural, Vibrant and Growing – a Progressive Rural Leader
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REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
Lane Rainbow Lane Red Maple Lane Silver Rock Lane/Morning Glory Lane/Rocky Shores Ln Stafford Lane Sunset Shores Lane Tims Lane West Devil Lake Lane Total Eligible Investments
Eligible Expenses (Inc. HST) $9,944.00 $46,775.00 $5,424.00 $14,000.00 $11,045.75 $3,401.30 $20,453.00 $301,716.56
ANAYLSIS AND OPTIONS: The total subsidies offered under the private lane upgrade program are limited to 50% of eligible expenses to a maximum of $7,000 per application. The award of grants, in all cases will recognize the availability of approved funding. Only one application per lane association is to be considered annually. When reviewing the applications under the 2021 program it is apparent that the interest in this year’s program has exceeded the value of funds available. For this reason, staff has presented three funding options for Council to consider. Option 1 – Maximum Grant Subsidy for All Users / Increased Budget – Under this Option all applicants would receive the maximum funding allowable under the current program and the budget shortfall of $14,810.36 would be funded from available reserves. Option 2 – Reduced Subsidy for Frequent Users (40%) / Increased Budget – Under this Option all applicants that have received three (3) or more grants in the previous five (5) years would see their grant subsidy reduced from 50% to 40%. A similar approach to the program was applied in 2019 when program funding was exceeded. Under this Option a shortfall of $6,971.51 would be funded from available reserves. Option 3 (Recommended) – Reduced Subsidy for Frequent Users (31%) / within Budget – Under this Option all applicants that have received three (3) or more grants in the previous five (5) years would see their grant subsidy reduced from 50% to 31% in order to keep the program within the 2021 budget. Under this option a modest surplus of $83.13 would be carried over to 2022. Staff is recommending Option 3 for the 2021 program year in keeping with the approved budget and grant policy; however, Council may wish to increase the budget for 2021 in response to the program interest (Option 1 or 2). Once the maximum grant subsidy amounts have been approved, lane associations will be required to submit all receipts and invoices for work performed in accordance with the approved application on or before the first Friday in November this year. FINANCIAL/STAFFING IMPLICATIONS:
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 81 of 163
REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
The 2021 Budget allowance for the overall project is $100,000. An additional $7,181.14 is available from the prior year carry forward. The total available budget for the 2021 program is therefore $107,181.14. Three (3) funding Options have been presented to Council with respect to the project funding as the grant requests are currently in excess of the available funds. Staff are recommending that the 2021 program follow the outline of Option 3 which employs a reduced subsidy at 31% for frequent program users. Under this Option the total funding commitment would be $107,098.01. This approach leaves a modest surplus of $83.13 in the 2021 budget to be carried over to 2022. ATTACHMENTS:
- ATTACHMENT 1 - Funding Alternatives Prepared by: W. Troy Dunlop, C.E.T. Manager of Technical Services and Infrastructure Approved by: Neil Carbone Chief Administrative Officer
Natural, Vibrant and Growing – a Progressive Rural Leader
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REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
ATTACHMENT 1 – FUNDING ALTERNATIVES OPTION 1 – Maximum Grant Subsidy All Users – Increased Budget
Alamo Lane
$21,470.00
Option # 1 Maximum Subsidy All Users $7,000.00
Barr Lane Belknap Lane Burns Lane Deer Park Lane Dow Lane Fairhaven Lane Garter Lake Lane Gold Dust Lane Gossage Lane Hambly Lane Hiawatha Lane Howes Lake Lane Lost Hills Lane Memory Lane Meredith Lane Miner Lake Lane Oakshores Lane/Oakshores Cres/Acorn Lane Old Fourteen Island & New Island View Lane Old Thirteen Island Lake Lane Osbourne Lane Otter Point Lane Rainbow Lane Red Maple Lane Silver Rock Lane/Morning Glory Lane/Rocky Shores Ln Stafford Lane Sunset Shores Lane Tims Lane West Devil Lake Lane TOTAL
$5,553.95 $3,000.00 $5,141.50 $11,040.10 $10,763.25 $10,735.00 $3,444.80 $10,537.25 $7,006.00 $9,028.70 $3,811.00 $5,028.00 $7,910.00 $2,248.70 $19,153.00 $17,274.34 $3,277.00 $9,853.60 $4,288.35 $16,608.97 $3,500.00 $9,944.00 $46,775.00
$2,776.98 $1,500.00 $2,570.75 $5,520.05 $5,381.63 $5,367.50 $1,722.40 $5,268.63 $3,503.00 $4,514.35 $1,905.50 $2,514.00 $3,955.00 $1,124.35 $7,000.00 $7,000.00 $1,638.50 $4,926.80 $2,144.18 $7,000.00 $1,750.00 $4,972.00 $7,000.00
$5,424.00
$2,712.00
$14,000.00 $11,045.75 $3,401.30 $20,453.00
$7,000.00 $5,522.88 $1,700.65 $7,000.00 $121,991.50
Eligible Expenses (Inc. HST)
Lane
OPTION 2 – Reduced Subsidy (40%) for Frequent Users & Increased Budget
Lane
Alamo Lane
Eligible Expenses (Inc. HST) $21,470.00
Frequent User*
Option # 2 Reduced Subsidy Frequent Users Only $7,000.00
Natural, Vibrant and Growing – a Progressive Rural Leader
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REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
Barr Lane $5,553.95 $2,776.98 Belknap Lane $3,000.00 $1,500.00 Burns Lane $5,141.50 $2,570.75 Deer Park Lane $11,040.10 Yes $4,416.04 Dow Lane $10,763.25 $5,381.63 Fairhaven Lane $10,735.00 $5,367.50 Garter Lake Lane $3,444.80 Yes $1,377.92 Gold Dust Lane $10,537.25 $5,268.63 Gossage Lane $7,006.00 $3,503.00 Hambly Lane $9,028.70 $4,514.35 Hiawatha Lane $3,811.00 Yes $1,524.40 Howes Lake Lane $5,028.00 $2,514.00 Lost Hills Lane $7,910.00 $3,955.00 Memory Lane $2,248.70 $1,124.35 Meredith Lane $19,153.00 Yes $5,600.00 Miner Lake Lane $17,274.34 $7,000.00 Oakshores Lane/Oakshores $3,277.00 $1,638.50 Cres/Acorn Lane Old Fourteen Island & New Island $9,853.60 Yes $3,941.44 View Lane Old Thirteen Island Lake Lane $4,288.35 Yes $1,715.34 Osbourne Lane $16,608.97 $7,000.00 Otter Point Lane $3,500.00 Yes $1,400.00 Rainbow Lane $9,944.00 $4,972.00 Red Maple Lane $46,775.00 $7,000.00 Silver Rock Lane/Morning Glory $5,424.00 $2,712.00 Lane/Rocky Shores Ln Stafford Lane $14,000.00 Yes $5,600.00 Sunset Shores Lane $11,045.75 Yes $4,418.30 Tims Lane $3,401.30 Yes $1,360.52 West Devil Lake Lane $20,453.00 $7,000.00 TOTAL $114,152.65 *Accessed program funding 3 or more times in previous 5 years (2016 to 2020)
Natural, Vibrant and Growing – a Progressive Rural Leader
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REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
OPTION 3 – Reduced Subsidy (31%) for Frequent Users & Within Budget
Lane
Alamo Lane
Eligible Expenses (Inc. HST) $21,470.00
Frequent User*
Option # 3 Reduced Subsidy Frequent Users Only $7,000.00
Barr Lane $5,553.95 $2,776.98 Belknap Lane $3,000.00 $1,500.00 Burns Lane $5,141.50 $2,570.75 Deer Park Lane $11,040.10 Yes $3,422.43 Dow Lane $10,763.25 $5,381.63 Fairhaven Lane $10,735.00 $5,367.50 Garter Lake Lane $3,444.80 Yes $1,067.89 Gold Dust Lane $10,537.25 $5,268.63 Gossage Lane $7,006.00 $3,503.00 Hambly Lane $9,028.70 $4,514.35 Hiawatha Lane $3,811.00 Yes $1,181.41 Howes Lake Lane $5,028.00 $2,514.00 Lost Hills Lane $7,910.00 $3,955.00 Memory Lane $2,248.70 $1,124.35 Meredith Lane $19,153.00 Yes $4,340.00 Miner Lake Lane $17,274.34 $7,000.00 Oakshores Lane/Oakshores $3,277.00 $1,638.50 Cres/Acorn Lane Old Fourteen Island & New Island $9,853.60 Yes $3,054.62 View Lane Old Thirteen Island Lake Lane $4,288.35 Yes $1,329.39 Osbourne Lane $16,608.97 $7,000.00 Otter Point Lane $3,500.00 Yes $1,085.00 Rainbow Lane $9,944.00 $4,972.00 Red Maple Lane $46,775.00 $7,000.00 Silver Rock Lane/Morning Glory $5,424.00 $2,712.00 Lane/Rocky Shores Ln Stafford Lane $14,000.00 Yes $4,340.00 Sunset Shores Lane $11,045.75 Yes $3,424.18 Tims Lane $3,401.30 Yes $1,054.40 West Devil Lake Lane $20,453.00 $7,000.00 Total $107,098.01 *Accessed program funding 3 or more times in previous 5 years (2016 to 2020)
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 85 of 163
REPORT TO COUNCIL PUBLIC WORKS
AGENDA DATE:
July 13, 2021
SUBJECT: PS-2021-11 – Paint Booth Exhaust & Radio Tower Removal RECOMMENDATION That Council approve the tendered bid from Tolles Ltd., in the amount of $147,500.00 plus HST, for the removal of the Paint Booth Exhaust System & Radio Tower at the Keeley Road Patrol Yard. BACKGROUND Capital project 19-29, initially approved in 2019, consisted of the relocation of the Keeley Radio Tower at an estimated cost of $50,000. An additional $200,000 was approved in the 2021 capital budget for the removal of the garage paint booth exhaust fan and supporting infrastructure ($100,000) as well as emergency repair requirements to pillars within the garage which had been identified in December of 2020 ($100,000) and completed earlier this year. ANALYSIS/DSICUSSION: By removing the exhaust system in the old paint booth area along with the existing interior block wall between the overhead crane bay and paint booth bay, Township mechanics will have a larger open concept work space for truck maintenance. A dedicated elevated mezzanine storage space for miscellaneous parts and accessories is also included in the renovation. A Tender was issued on June 16, 2021 for the removal of the existing paint booth exhaust system and radio tower. The Tender closed on July 7th with one bid being received from Tolles Ltd. In the amount of $147,500.00 excluding HST. Public Services staff have worked with this Contractor during the recent emergency repairs made to the support columns in the Keeley garage over this past winter. The contractor has proven his ability to do the required work. FINANCIAL IMPLICATIONS The total spent to date on the project is $58,781.46, which consists mostly of the emergency repair costs. This leaves sufficient funds in the amount of $190,000 to cover the balance of the project. ATTACHMENTS: Capital Detail Sheet – 19-29 Keeley Road Tower & Emergency Repairs Prepared by: Jamie Brash Manager, Facilities/Solid Waste Submitted/approved by: Neil Carbone Chief Administrative Officer
Natural, Vibrant and Growing – a Progressive Rural Leader
SOUTH
FRONTENAC
Page 86 of 163
Page 87 of 163
REPORT TO COUNCIL DEVELOPMENT SERVICES
AGENDA DATE:
July 13, 2021
REPORT DATE:
July 8, 2021
SUBJECT:
Application for Draft Plan of Subdivision Approval 10T-2020/002 (Willowbrook Estates Phase 2)
LOCATION:
Inverary, Storrington District, Township of South Frontenac, County of Frontenac
RECOMMENDATION THAT South Frontenac Council recommend the County of Frontenac approve plan of subdivision application 10T-2020/002 with the conditions outlined in the Planning Report prepared by the Senior Planner and dated July 8, 2021. BACKGROUND An application for draft plan of subdivision (10T-2020/002), known as Willowbrook Estates Phase 2, was submitted to Frontenac County in late 2020. An open house for this application was held on December 16, 2020. The County of Frontenac held a statutory public meeting for this application on June 9, 2021. There were no concerns raised by members of the public at these meetings. The current plan of subdivision is a re-submission of a plan of subdivision was granted draft plan approval subject to conditions in October 2014. Draft approval lapsed in 2018 prior to issuance of final approval for Phase 2. The proposed subdivision is generally consistent with the plan that was granted draft approval in 2014. The proposed plan of subdivision is located within the settlement area of Inverary, on Summerside Drive. It is the second phase of an existing, developed subdivision. Attachment 1 to this report shows the location of the subdivision relative to local landmarks. The proposed subdivision contains nine lots which are proposed to be developed with single-detached dwellings to be serviced by individual on-site wells and sewage systems. The lots range in area from 0.6 to 1.2 hectares, with road frontage on Summerside Drive ranging from 52 to 113 metres. The proposed subdivision also includes two blocks. One is an environmental protection area (part of a wetland) to the rear of Lots 1 to 4. The other is a walkway block between Summerside Drive and Perth Road. The lands included in Phase 2 were rezoned for the proposed residential development in 2014. The Special Residential (R-28) zone applies a minimum 0.6 hectare lot area, a minimum 52 metre lot frontage, and a minimum 5 metre setback from the 1:100 year floodplain. APPLICATION The final version of the draft plan of subdivision is dated July 7, 2021 and is Attachment 2 to this report. The following study reports and corresponding addendums were received by the Township for review:
Natural, Vibrant and Growing – a Progressive Rural Leader 1
Page 88 of 163
REPORT TO COUNCIL DEVELOPMENT SERVICES
Planning Rationale Report, October 10, 2013, and Addendum October 2020, McIntosh Perry Consulting Engineers Ltd.
Hydrogeology, Terrain Analysis, and Soil Stockpile Sampling, October 10, 2013, technical responses July 23, 2014 and August 28, 2014, XCG Environmental Engineers & Scientists
Hydrogeological and Terrain Analysis Update, January 24, 2020, Cambium
Environmental Impact Assessment, September 18, 2013, addendum February 15, 2020, Ecological Services
Eastern Meadowlark Survey, May 26, 2021, Ecological Services
Traffic Impact Assessment Report, July 29, 2013, updated January 25, 2020, Josselyn Engineering Inc.
Stormwater Management Report, April 17, 2015, updated January 25, 2020 and May 4, 2021, Josselyn Engineering Inc.
PEER REVIEW AND AGENCY COMMENTS The study reports dated 2013 and 2014 that are listed above were reviewed and accepted prior to the County granting the original draft plan approval subject to conditions in October 2014. The study reports were updated for the current application to address changes in provincial and county policy and to reflect current surrounding land uses. The County retained Malroz Engineering to review the updates to the hydrogeological and terrain analysis. Malroz had no new comments on the analysis. The draft plan conditions in Attachment 3 to this report include conditions to implement recommendations of the study reports. The study recommendations include well construction methods, lot grading, and a requirement for water treatment (i.e. filtration and disinfection, aesthetic parameters). The Township retained Groundwork Engineering Limited to review the updates to the terrain analysis. Groundwork Engineering has provided peer review analysis for sewage systems to the Township on plans of subdivision and condominiums since the Township took over authority for Part 8 – Sewage System approvals under the Ontario Building Code. Groundwork Engineering concluded that the analysis provides an adequate summary of soil suitability for individual private residential sewage effluent dispersal for the proposed development. They noted that a limitation of the terrain analysis is the maximum 3000 square foot dwelling size and maximum 3-bedroom occupancy. The draft plan conditions in Attachment 3 include conditions to recognize this limitation and to outline considerations for larger dwellings and/or more bedrooms (e.g. additional terrain analysis, the use of alternate sewage treatment technologies). The original stormwater management report (2015) was prepared for both Phase 1 and 2 of the subdivision. The Township retained Ainley Group to review updates to the stormwater management report. No concerns were raised. The draft plan conditions in Attachment 3 include conditions requiring detailed engineering plans that implement the stormwater management report (e.g. grading and drainage plan).
Natural, Vibrant and Growing – a Progressive Rural Leader 2
Page 89 of 163
REPORT TO COUNCIL DEVELOPMENT SERVICES
Cataraqui Conservation reviewed the EIA and EIA Addendum. They recommended that the wetland be excluded from Lots 1 to 4. The draft plan was revised to place the wetland in a separate block. The draft plan conditions in Attachment 3 include conditions requiring implementation of recommendations of the EIA and EIA Addendum. Cataraqui Conservation also reviewed the updates to the stormwater management report. Their comments are also encompassed in the recommended draft plan conditions. PLANNING ANALYSIS There are three main policy themes that apply to the proposed plan of subdivision. These are rural settlement areas, development in an Environmentally Sensitive Area, and the avoidance of flooding hazards. The proposed development is consistent with the direction of the Planning Act, Provincial Policy Statement, the County of Frontenac Official Plan, and the Township of South Frontenac Official Plan on these matters. Section 51(24) of the Planning Act The Planning Act includes a list of technical items that need to be addressed with any plan of subdivision (Section 51(24)). This list includes conformity with the Official Plan and adjacent plans of subdivision, suitability of the land for residential development, adequacy of internal streets and connections to public roads, dimensions and shapes of lots, conservation of natural resources and flood control, as well as adequacy of utilities and municipal services. The subdivision complies with Section 51(24) of the Planning Act. Rural Settlement Areas The Provincial Policy Statement, 2020 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 3 of the Planning Act requires that Council decisions be “consistent with” PPS 2020. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. Section 1.1.4 of the PPS states that rural settlement areas shall be the focus of growth and development. It also specifies that planning authorities shall give consideration to rural characteristics, the scale of development and the provision of appropriate service levels when directing development to rural settlement areas. The County of Frontenac Official Plan sets outs policies intended to help guide new development across the County as well as manage change at a regional level. They provide the Township with the ability to develop its communities based on local characteristics and needs, as well as fiscal capacity. The Settlement Area policies in section 3 note that efficient development patterns and road connections will be encouraged in Settlement Areas to optimize public services and to make the most efficient use of land and resources. The subject property is located in Inverary, which is a designated Settlement Area in the Township of South Frontenac Official Plan. Similar to the Provincial Policy Statement 2020 and the County of Frontenac Official Plan, the Township of South Frontenac Official Plan intends for a majority of new growth to be directed to existing settlement areas where it can be supported by appropriate servicing. Natural, Vibrant and Growing – a Progressive Rural Leader 3
Page 90 of 163
REPORT TO COUNCIL DEVELOPMENT SERVICES
This proposed development will create new residential housing within the settlement area of Inverary and will complete the Willowbrook Estates subdivision. This housing will be in proximity to the services being offered in the settlement area. The proposed development takes into consideration servicing requirements, including water and sewage, stormwater management and increased traffic. Environmentally Sensitive Areas Section 2.1 of the PPS indicates that the diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, or improved. This is echoed in the County Official Plan and the Township Official Plan. The EIA, EIA Addendum, and the Eastern Meadowlark Survey demonstrate that the proposed development would not have a negative impact on natural heritage features and areas. The wetland on the subject property is zoned Environmental Protection (EP). This wetland is proposed to be maintained by placing the wetland in a separate block that would be conveyed to the adjacent landowner of a larger portion of the wetland. In addition, all buildings and structures on Lots 1 to 4 will need to be setback a minimum of 30 metres from the wetland. Flooding Hazards Development is to be directed away from areas which are impacted by flooding hazards, in conformity to the PPS and County Official Plan. The Township Official Plan and Zoning By-law do not permit development in a floodplain. A floodplain analysis of the wetland was conducted in support of the original subdivision. The analysis demonstrated that the 1:100 year floodplain coincides with the wetland boundary. The draft plan shows that there are sufficient building envelopes on Lots 1 to 4 for buildings and structures beyond the minimum 5 metre setback from the floodplain required by the R-28 zone. Discussion – Draft Plan Conditions The proposed draft plan conditions listed in Attachment 3 reflect comments from Township staff, peer review consultants, Cataraqui Conservation, as well as recommendations from the study reports. The subdivision agreement will be the main document to implement these conditions. Most of the conditions are standard draft plan of subdivision conditions. These conditions were shared with the agent for review. The agent was generally agreeable to the conditions. The conditions listed in Attachment 3 incorporate the comments received from the agent. CONCLUSION The proposed plan of subdivision and related draft plan conditions are 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.
Natural, Vibrant and Growing – a Progressive Rural Leader 4
Page 91 of 163
REPORT TO COUNCIL DEVELOPMENT SERVICES
FINANCIAL AND STAFFING CONSIDERATIONS All financial implications of this development will be borne by the developer through the draft plan conditions and the subdivision agreement. The creation of additional housing generates additional assessment which results in financial benefits to the Township and its residents. ATTACHMENTS
- Location Map of Subject Lands
- Draft Plan of Subdivision (dated July 7, 2021)
- Recommended Draft Plan Conditions for 10T-2020/002
Prepared by: Christine Woods, MCIP, RPP, Senior Planner Submitted/approved: Claire Dodds, MCIP, RPP, Director of Development Services Approved by: Neil Carbone, CAO
Natural, Vibrant and Growing – a Progressive Rural Leader 5
Attachment 1. Location Map - Willowbrook Estates Phase 2
Legend Assessment Parcels Settlement Area Citations
1.8
0
0.92
WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
1.8 Kilometers
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
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1: 36,112
Page 93 of 163
99999..25755050 9
EX. GRAVEL DRIVEWAY
EX elliptical CULV 1.7m wide x 1m high W. INV 98.16 E. INV 98.01 UNDER GROUND BELL CABLES
UNDER GROUND BELL CABLES
99
/cu
lv-o m
cu .22/ 99
.50
sc
EX 450mm CULVERT N INV 98.77 S INV 98.83
99 8/cu
lv-4 50
99.2
EX PAVEMENT
MORELAND DIXON ROAD
EX PAVEMENT
T N E D DS I S N E R LA
.50
99
99 .75
EX 900mm CULV E INV 98.28 W INV 98.24
0 0.0 10 0.25 10 0 0.5 10
5 0.2 10
100.00
75 0. 10
LANDS OWNED BY APPLICANT
WATER LEVEL DEC 14, 2009 ELEV. 98.94
99.50
TWO#2 OBSERVATION WELL
NOT TO SCALE
EX PAVEMENT
EX PAVEMENT EX PAVEMENT
0 EX PAVEMENT
99.50
99.25
0 99.
X
99.25
TWO#1 OBSERVATION WELL
X
X
99.2 100.50
5 38.6
NT
X
69.69
TWO#4 OBSERVATION WELL
94.21
.75
0
66.13m FRONTAGE
100
X
60.00m FRONT AGE
X
BL
X
OC
X X
155.92
LOT 7
LOT 2
X
X
77
94.22
x x
X
LOT 8
x
X
60.00m FRONTA GE
X
65.47m FRONTA GE
R
x
0.70
8.31%
ROAD
1
0.85
10.05%
8.45
100%
x x EX SHLDR
OF SHLD
x
x
EX EDGE
x
R
x
65.05 FRONT m AGE
x x
x
R OF SHLD EX EDGE
x
x HP
94.20
LOT 7
EX CURB
1
AS BUILT EPA WOOD BOLLARD LOCATION
x
BLOCK 11
x6 EASEME .0m NT
0.41%
x
0.03
x
1
101.00 101.25 101.50 3.0m
BLOCK 10
30m SETBACK FROM WETLAND BOUNDARY
5
81.23%
100.7
6.86
100.50
9
5
7.27%
0
0.61
0.2
LOT 9 RESIDENTIAL LOTS (Lots 1 to 9)
10
7.56%
0
0.64
0.0
LOT 8
10
7.91%
LOT 1
.86
0.67
100
LOT 7
AS BUILT EPA WOOD BOLLARD LOCATION
100.25
7.12%
94.20
100.00
0.60
PART 2 13R-21 308
LOT 6
60.00m FRONT AGE
7.78%
99.75
0.66
39.8 2
LOT 5
26.00
5
10.27%
.2
0.87
1 10
LOT 4
5
10.17%
LOT 9
0
0.86
1.0
LOT 3
172.15
0.7
8.97%
10
0.76
10
LOT 2
LOT 4
0.5
14.19%
10
1.20
X
LOT 1
X
Percent (%)
X
Area (ha.)
Number of lots
94.20
GRA D/W VEL
X
SITE DATA
EX EDGE
x
X
LOT 3
OF SHLD
X
30m SETBACK FROM WETLAND BOUNDARY
164.14
ON THE DRAFT PLAN
LOT 6
25 101.
132.35
K1
X
AL R DS RU N LA
TWO#3 OBSERVATION WELL
101.0
1
X
A
EP
75 FRO .22m NTA GE
10
.87 180
X
5m SETBACK FROM FLOODPLAIN
.25
1 10
10 100. 0.5 25 0 100 .75 101.0 0
.75
X
99.50
X
99.50
X
99
X
00
X
LOT 1
25
X
EXISTING FLOODPLAIN ELEVATION 100.00
EX SHLDR
5.00
0 0.0 5 0 1 0.2 10 0.50 10 .75 0 10
BLOCK 8
BLOCK 10 (WALKWAY)
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E) EXISTING USES OF ADJACENT LANDS AS SHOWN ON DRAFT PLAN F) APPROXIMATE DIMENSIONS AND LAYOUT OF LOTS AS SHOWN ON DRAFT PLAN G) NATURAL AND ARTIFICIAL FEATURES AS SHOWN ON DRAFT PLAN H) PRIVATE WATER WELLS TO BE PROVIDED I) SOIL IS 0-2m OVERBURDEN OF CLAY, SAND, AND GRAVEL TILL OVER BEDROCK J) CONTOURS FROM NOVEMBER 2008 TOPOGRAPHIC SURVEY BY JOSSELYN ENGINEERING SHOWN ON DRAFT PLAN K) SERVICES AVAILABLE INCLUDE HYDRO AND BELL L) RESTRICTIONS AFFECTING THE LAND ARE SHOWN
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101.25
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HCS JE Josselyn Engineering Inc. 1225 GARDINERS ROAD, #105 KINGSTON, ONTARIO K7P 0G3 TEL : 613-634-9278 FAX : 613-634-9138 E-MAIL : mjosselyn@josselyn.ca
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Page 94 of 163 July 8, 2021 Planning Report to Council Attachment 3. Recommended Draft Plan Conditions for 10T-2020/002 (Willowbrook Estates Phase 2) The recommended conditions of approval for the draft plan of subdivision are as follows: Approved Draft Plan
- That this conditional approval applies to the Draft Plan of Subdivision, dated July 7, 2021 prepared and certified by Hopkins Chitty Land Surveyors Inc OLS, which shows the following: • 9 units for single detached dwellings (Lots 1-9); • One (1) environmental protection block (Block 11) • One walkway block (Block 10) • One street Subdivision Agreement
- That the Owner shall agree to enter into a subdivision agreement with the Township of South Frontenac, prepared to the satisfaction of the Township, to be registered on title of the subject land.
- That the Subdivision Agreement and all Agreements of Purchase and Sale shall include provisions stipulating that on Lots 5 to 9, there must be consistent materials used to façade all four sides of the dwellings to ensure the same facading materials are seen from Perth Road as is seen on the internal street. Financial Requirements
- That the Owner shall reimburse the Township of South Frontenac and County of Frontenac for all legal, engineering, planning, administrative expenses and permit fees including the cost of any peer review that the Township of South Frontenac or County of Frontenac may require in relation to the development and the fulfillment of conditions.
- That the Subdivision Agreement will require the Owner to satisfy all the requirements, financial and otherwise, of the municipality concerning the provision/upgrading of roads, installation of services, drainage works, utilities and all other required works in accordance with Township standards. Further, that the development, construction and use of the lands in this subdivision shall be in accordance with the following reports submitted with the application for draft approval, unless otherwise amended, modified, or directed in writing by the Township and as secured in the subdivision agreement. •
Planning Rationale Report, October 10, 2013, and Addendum October 2020, McIntosh Perry Consulting Engineers Ltd.;
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• • • • • •
Hydrogeology, Terrain Analysis, and Soil Stockpile Sampling, October 10, 2013, technical responses July 23, 2014 and August 28, 2014, XCG Environmental Engineers & Scientists; Hydrogeological and Terrain Analysis Update, January 24, 2020, Cambium; Environmental Impact Assessment, September 18, 2013, addendum February 15, 2020, Ecological Services; Eastern Meadowlark Survey, May 26, 2021, Ecological Services; Traffic Impact Assessment Report, July 29, 2013, updated January 25, 2020, Josselyn Engineering Inc.; and Stormwater Management Report, April 17, 2015, updated January 25, 2020 and May 4, 2021, Josselyn Engineering Inc.
- That the Subdivision Agreement will require the Owner to deposit with the Township, securities in the form of a letter of credit, representing 100% of the estimated cost of the works to be provided with respect to the subdivision. The letter of credit shall be reduced, in accordance with the terms and conditions of the Subdivision Agreement.
- That the Subdivision Agreement shall contain a provision requiring the Owner to pay development charges, in place at the time of the issuance of the building permit, prior to the issuance of the building permit and to acknowledge and agree that the Township will not issue any building permit until the development charges have been paid in full. Access
- That the road allowances within the Plan shall be designed in accordance with the Township’s engineering standards and shall be dedicated to the Township free of all charge and encumbrances.
- That the new internal road identified shall be named to the satisfaction of the Township of South Frontenac.
- That the Owner shall agree to make a financial contribution to the Township of South Frontenac for the construction of a southbound right taper on Perth Road and a sidewalk along the west side of the road allowance of Perth Road from Willowbrook Drive to the northern boundary of the plan of subdivision. The amount of the financial contribution would be determined based on a cost estimate provided by the Owner prior to final plan approval, to the satisfaction of the Township. The amount will be paid at registration, or incorporated into the subdivision agreement and provided following plan registration within a reasonable period of time, as agreed upon by the Owner and the Township.
- That 0.3 metre reserves be established along Lots 5 to 9 where the lots abut the Perth Road road allowance to the satisfaction of the Township. The 0.3 metre reserves shall be deeded to the Township for the purpose of controlling additional access to the plan of subdivision.
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Utilities and On-Site Works 12. That the Subdivision Agreement shall require the Owner to design, construct and commission a street lighting system in accordance with the Township’s engineering standards and specifications. That the Subdivision Agreement shall require the Owner to supply and install street name signage and traffic control signage to the satisfaction of the Township. 13. That the Subdivision Agreement shall require the Owner to install a Canada Post Centralized Community Mail Box at a location on the road allowance of Willowbrook Drive near the entrance to the development at Perth Road, or at an alternative location, if deemed necessary by Canada Post, to the satisfaction of Canada Post and the Township. 14. The Owner shall satisfy the Township that public utilities, including without limitation Bell Canada, Hydro One, etc., are adequate to service the proposed development. 15. That all servicing including Bell, Hydro, etc. be installed underground. 16. The Owner shall submit a Landscape Plan to the satisfaction of the Township, which provides for: a. One tree to be planted by the Owner in the front yard of each of Lots 1 to 9. b. A planting area or screening buffer along the rear lot line for the residential lots abutting Perth Road (Lots 5-9) by the Owner. This planting area/buffer may include additional trees for each lot, berms, vegetation, and other measures to the satisfaction of the Township. c. All trees shall be all of a type and size to the Township’s satisfaction. 17. That the Subdivision Agreement shall require the Owner to agree to obtain permits or approvals as may be required from any federal, provincial, municipal or local authority and to file copies thereof with the Township. Parkland Dedication 18. That the Subdivision Agreement shall require the Owner to pay cash-in-lieu of parkland in accordance with approved Township policies. On-site Sewage Disposal and Water Systems 19. That the following conditions related to sewage systems, be addressed to the satisfaction of the Township:
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a. A site servicing plan showing the location of the house, well, primary and alternate sewage system locations is to be prepared and provided to all future purchasers through Agreements of Purchase and Sale; b. Primary and alternate sewage system locations are to be reserved and maintained solely for that purpose. No constructions of wells, homes, driveways, pools, garages or other structures is to take place in the primary or alternate area. c. Existing soil conditions will necessitate the importation of suitable fill for the installation of sewage systems, resulting in fully raised sewage systems. d. As the sewage systems are raised, pumps may be required. e. Deviations from the locations on the site servicing plan with respect to sewage system location may require the submission of an engineering report/design and terrain analysis supporting the proposed changes (including potential impact on adjoining properties). f. The Subdivision Agreement and all Agreements of Purchase and Sale shall include provisions recognizing that the Terrain Analysis assumed a maximum 3000 square foot dwelling size and maximum 3-bedroom occupancy, and outlining the required considerations for larger dwellings and/or more bedrooms (e.g. additional terrain analysis, the use of alternate sewage treatment technologies capable of reducing nutrients and requiring smaller loading areas). 20. That all requirements and recommendations specified in the Hydrogeology, Terrain Analysis and Soil Stockpile Sampling Report, dated October 10, 2013, from XCG Environmental Engineers and Scientists, and technical responses to peer review dated July 23, 2014 and August 28, 2014, and updated in the letter from Cambium Inc. dated January 24, 2020 and all associated drawings, shall be addressed to the satisfaction of the Township. Recommendations include the following: a. Each well shall be fully grouted to a minimum 8 metre depth to provide a seal in the soils and upper fractured limestone bedrock. b. Finished grading shall be such that surface runoff in general and specifically in the vicinity of the septic beds is directed away from wellheads. c. Geothermal systems (i.e. heat pumps) are not permitted in the plan of subdivision. d. Water supply wells require filtration and UV disinfection.
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e. Water treatment may be required for aesthetic parameters. Recommended treatment include a water softener, reverse osmosis system, and/or a hydrogen peroxide, air or sodium hypochlorite drip system. f. Each well should be assessed by a qualified hydrogeologist for water quantity and quality. g. Each well, including the existing five test wells, be properly developed and upgraded to include a vermin proof cap. h. The hydrogeologist should at a minimum provide an opinion on the suitability of the well to be used for domestic purposes and any compensatory water flow and/or any water treatment measures. 21. That any existing wells and or septic systems that may be present on the site and which are not planned to be used as part of the plan of subdivision shall be decommissioned as per applicable regulations. Natural Environment 22. That the recommendations of the Environmental Impact Assessment, dated September 18, 2013, and the addendum dated February 15, 2020, prepared by Ecological Services be addressed to the satisfaction of the Township and Cataraqui Region Conservation Authority. The recommendations include: a. Site clearing should take place outside of the bird breeding and nesting seasons (mid-April to mid-August) to avoid contravening the Migratory Birds Convention Act. b. On Lot 1, the dwelling should be located in the southeast corner of the lot, off the western downward sloping portion of the lot based on the existing grading. 23. That the Owner shall deed the lands described as Block 11 (Environmental Protection Area) to the abutting property described as Block 8 on Plan 13M105. The Owner agrees to ensure that title to Block 11 and the abutting lands are in the same names, with the intent that both parcels will be merged in title. The Owner shall consent to the Township passing a part lot control by-law to effect the merger of title of Block 11 of this Plan and Block 8 on Plan 13M105. 24. That the lot grading and drainage plan submitted for approval shall provide for permanent markers and signage to be installed by the Owner along the rear lot lines at the rear lot corner of Lots 1 to 4, inclusive, to identify the boundary of the EPA block (Block 11). Stormwater
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- That a lot grading and drainage plan and a sediment and erosion control plan be completed and approved to the satisfaction of the Township and the Cataraqui Region Conservation Authority (‘CRCA’), and be included in the Subdivision Agreement between the Owner and the Township.
- That a final stormwater management plan be prepared by a qualified Professional Engineer and approved to the satisfaction of the Township and the CRCA, and that appropriate text to implement its findings be included in the Subdivision Agreement.
- That the Subdivision Agreement shall contain a provision notifying the Owner that prior written authorization from CRCA will be required under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses for rough grading, stockpiling, road construction, etc. within 30 metres of the wetland, and within 15 m of the 100.00 m GSC flood elevation on the subject property.
- That the Subdivision Agreement shall include a provision providing that any purchaser of Lots 1 to 4 (inclusive) and Block 11 (based on July 7, 2021 Draft Plan) be advised, and also that a notice be placed in the purchase and sale agreement alerting any prospective purchasers, that prior written authorization from CRCA may be required under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses for site alteration and construction (including but not limited to buildings, structures, filling and grading). Walkway
- A walkway shall be provided in the location and width as shown on the approved draft plan. It shall be ensured that any relocation of a walkway is to the satisfaction of the Township.
- That the Subdivision Agreement shall stipulate that an entrance permit shall be obtained from Public Services for the walkway connection to Perth Road prior to the construction of the walkway. Human Remains and Archaeological Resources
- That the Subdivision Agreement shall contain a clause providing that any purchaser be advised, and also that a notice be placed in the purchase and sale agreement alerting any prospective purchasers: a. That in the event that deeply buried archaeological remains are discovered during construction or site development of a lot, that the property owner shall immediately contact the Ministry of Tourism, Culture and Sport, and b. That in the event that human remains are discovered during construction or site development of a lot, that the property owner shall immediately contact the OPP,
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the Ministry of Tourism, Culture and Sport and the Registrar or Deputy Registrar of the Cemeteries Unit of the Ministry of Consumer Services (or the applicable agencies at the time of final approval). c. That if during the process of development any archaeological resources or human remains of Aboriginal interest are encountered, the Algonquins of Ontario Consultation Office will be contacted immediately at: Algonquins of Ontario Consultation Office 31 Riverside Drive, Suite 101 Pembroke, Ontario K8A 8R6 Telephone: (613) 735-3759 Fax: (613) 735-6307 email: algonquins@tanakiwin.com Revisions to Draft Plan 32. That where final engineering design(s) result in minor variations to the Plan (e.g., in the configuration of lots, etc.), these may be reflected in the Final Plan subject to the satisfaction of the Township of South Frontenac and the County of Frontenac. General Conditions 33. That when requesting final Approval from the County of Frontenac, the Owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a surveyor’s certificate stating that the lots/blocks thereon conform to the frontage and area requirements of the Zoning By-Law. 34. That prior to final approval, the County of Frontenac is to be advised by the municipality that this proposed subdivision conforms to the Zoning By-law in effect in the Township of South Frontenac. Model Homes 35. That where the Owner proposes to proceed with the construction of a model homes(s) prior to registration of the Plan, the Owner shall enter into an Agreement with the Township, setting out the conditions for model homes, and shall fulfill all relevant conditions of that Agreement prior to issuance of a building permit. Clearance Letters 36. That Prior to Final Subdivision Approval, the County of Frontenac shall be advised that all Conditions of Draft Plan Approval have been satisfied; the clearance memorandum shall include a brief statement detailing how each Condition has been met.
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- That Prior to Final Subdivision Approval, the County is to be advised in writing by the Township of South Frontenac the method by which conditions have been addressed.
- That Prior to Final Subdivision Approval, the County is to be advised in writing by the Cataraqui Region Conservation Authority the method by which its conditions have been addressed. Lapsing Provisions
- That pursuant to Section 51(32) of the Planning Act, this Draft Plan Approval is granted for three years from the decision date. The Owner may request the County issue an extension of Draft Plan Approval should that be needed. The County shall notify the Township of any request to extend Draft Plan Approval.
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Report to Council Development Services - Planning
Deeming By-law Report Date:
July 5, 2021
Application No:
D-02-21-S
Owner:
Robert McGillivray
Location of Property:
Lot 18 & 19, Plan 1315, Ridge Lane, Seeley’s Bay, Cranberry Lake
Purpose of Application: Deem Lots 18 & 19 on Plan 1315 not to be a lot in a plan of subdivision for the purpose of applying 50(3) of the Planning Act.
Recommendation It is recommended that the by-law deeming the property described as Lots 18 & 19, Plan 1315, District of Storrington, Cranberry Lake, Township of South Frontenac not to be a lot in a plan of subdivision, be passed.
Proposal The property owners are requesting Council pass a by-law to deem the parcels that are currently known as Lots 18 & 19 on Plan 1315. The result of the deeming will allow Lots 18 & 19 to be merged with each other to become one parcel. Currently, because the parcels are lots in a plan of subdivision, part lot control (Section 50(3) of the Planning Act) prevents these parcels from merging, even when they are held in the same ownership. Passing a deeming by-law and registering it on the title of the parcel that is Lots 18 & 19, means that they will no longer be treated as a lot in a plan of subdivision and when registered in the same name, they will merge into one property.
Background The subject properties known as Lots 18 &19 on Plan 1315, Ridge Lane, Cranberry Lake, are shown on the attached location map. Both Lot 18 & 19, Plan 1315, Ridge Lane, Cranberry Lake are vacant waterfront properties. Lot 18 is 0.48 acres in size and Lot 19 is 0.50 acres in size. Both are significantly undersized by today’s development standards. They are both located in the same plan of subdivision and are accessed by Ridge Lane The parcels of land to be deemed were created by a plan of subdivision, Plan 1315 was a plan of subdivision that was created in the Township of Storrington, prior to amalgamation. Merging the two parcels of land will create one larger parcel that will be more suitable to accommodate a dwelling and sewage system and will be closer to conforming to today’s standard lot sizes and will be better able to accommodate development in accordance with the Township of South Frontenac Comprehensive Zoning By-Law 2003-75.
Authority to Pass Deeming By-law Unlike many types of planning applications, the Planning Act gives Council the authority to pass a deeming by-law without the requirement to notify neighbours or to hold a public meeting. There is no appeal period that applies to a deeming by-law. “Natural, Vibrant and Growing – a Progressive Rural Leader” 1
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Report to Council Development Services - Planning
Summary Passing a by-law to deem Lots 18 & 19 not to be part of a plan of subdivision effectively will allow the two portions of the property to merge following registration of the by-law and a consolidation of the parcels. Once the property has been deemed, it can be treated as one property for the issuance of a building permit.
Prepared and submitted by: Michelle Hannah, Planning Assistant Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Neil Carbone, CAO
Attachments:
- Deeming By-law – 2021-36
- Location Map – Lots 18 & 19, Plan 1315
“Natural, Vibrant and Growing – a Progressive Rural Leader” 2
Lots 18 & 19, Plan 1315, Deeming By-Law
Legend Road Highway Major Road Secondary Road Ferry Route
Assessment Parcels Crown Land
0.1
0
0.03
WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
0.1 Kilometers
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
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1: 1,128
Lots 18 & 19, Plan 1315, Deeming By-Law
Legend Road Highway Major Road Secondary Road Ferry Route
Assessment Parcels Crown Land Citations
0.5
0
0.23
WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
0.5 Kilometers
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
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1: 9,028
Lots 18 & 19, Plan 1315, Deeming By-Law
Legend Assessment Parcels Location Labels Citations
0.1
0
0.03
WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
0.1 Kilometers
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
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1: 1,128
Page 107 of 163
REPORT TO COUNCIL DEVELOPMENT SERVICES
Zoning By-law Amendment Report Date:
July 5, 2021
Application No: Owner: Agent: Location of Property: Purpose of Application:
Z-21-05 Catherine Reynolds Gary Beach 5056 Battersea Road, Battersea, Storrington District Rezone from Urban Residential First Density (UR1) to Urban Residential First Density – Special Provision (UR1-20 and UR1-21-H) Date of Public Meeting: June 15, 2021 (Virtual Public Meeting)
Recommendation THAT By-law 2021-37 to amend the zoning on 5056 Battersea Road, Part of Lot 9, Concession 9, District of Storrington, District of Loughborough, Township of South Frontenac be passed.
Proposal An application was submitted to amend Zoning By-law No. 2003-75 to rezone the subject property from Urban Residential First Density (UR1) to Urban Residential First Density – Special Provision (UR1-20 and UR1-21-H). By-law 2021-37 is listed on the Council agenda under By-laws.
Background The subject property is located within the Battersea Settlement Area, and has frontage on Battersea Road. The lands are developed with a single detached dwelling and a barn. The lands are currently zoned Urban Residential First Density (UR1). The subject lands are subject to consent application S-08-20-S to create one residential lot. Provisional approval of the consent application was granted subject to conditions by the Committee of Adjustment on November 12, 2020. Conditions 9 and 10 require these lands to be rezoned. The new residential lot (severed parcel) consists of approximately 0.8 hectares (2 acres) of land with 61 metres of frontage on Battersea Road. The dwelling and barn are located on the severed parcel. The zone on the severed parcel needs to be changed to a UR1 Special Provision (UR1-20) to recognize that the parcel would have less than the required minimum 76 metres of frontage on Battersea Road. The retained parcel consists of approximately 12.7 hectares (31.5 acres) of vacant land with 20 metres of frontage on Battersea Road. The lands consist primarily of farmland and forest. The retained parcel is intended to be used to assemble lands for future development. The zone on the retained parcel needs to be changed to UR1 Special Provision (UR1-21-H) to recognize that the parcel would have less than the required minimum 76 metres of frontage on Battersea Road. The frontage of the retained parcel is sufficient to accommodate a future road that can provide access to the retained lands and has the potential to connect to other lands proposed for development in this area of Natural, Vibrant and Growing – a Progressive Rural Leader 1
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Battersea. A future road would be required to be established via a plan of subdivision. A holding symbol must be placed on the zone in order to prohibit any building or development until such time as a subdivision agreement is entered between the owner of the lands and South Frontenac Council.
Department and Agency Comments Public Services, Building Services and Cataraqui Conservation were not circulated the rezoning application, as they had no objection to the approval of consent application S08-20-S when they reviewed it in 2020.
Public Comments A virtual public meeting was held under the Planning Act on June 15, 2021. No comments were received from members of the public at the meeting. Chris Chesbro (5088 Battersea Road) provided a verbal indication to Planning staff prior to the public meeting that he has no objection to this application. However, he does not support the potential development of a subdivision on the retained parcel. Councillor Sutherland asked for clarity whether there were any buildings on the retained parcel. He also asked if the holding symbol would not allow any buildings unless there is a subdivision plan. Staff confirmed that the retained parcel does not contain any buildings, and that the holding symbol specifies a prohibition on the construction of any buildings or development on the parcel until such time as a plan of subdivision agreement is entered into between the property owner and the Township. Councillor Morey asked whether the property extends to Sands Road, and if all the lands to Sands Road are zoned UR1. Staff confirmed that the property does not extend to Sands Road, but does touch properties on Sands Road, including the property of the Ouellette Subdivision. Also, all these properties are zoned UR1.
Planning Analysis Provincial Policy Statement, 2020 The Provincial Policy Statement, 2020 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 3 of the Planning Act requires that Council decisions be “consistent with” the PPS. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. The Committee of Adjustment had consideration for the 2020 PPS in its decision to approve consent application S-08-20-S. The proposal is consistent with the 2020 PPS. Specifically, section 1.1.3 which indicates that appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form in settlement areas, while avoiding or mitigating risks to public health and safety. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan sets out the general direction for planning and development by defining strategic goals, broad objectives and policies. Section 3 – Growth Management sets outs policies intended to help guide new development across the County as well as manage change at a regional level. The Settlement Area policies Natural, Vibrant and Growing – a Progressive Rural Leader 2
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REPORT TO COUNCIL DEVELOPMENT SERVICES
note that efficient development patterns and road connections will be encouraged in Settlement Areas to optimize public services and to make the most efficient use of land and resources. The proposal is consistent with the direction of the County Official Plan. Township of South Frontenac Official Plan, 2003 The subject property is located in Battersea, which is a designated Settlement Area. In the Official Plan on Schedule A. In accordance with the Provincial Policy Statement 2020 and the County of Frontenac Official Plan, the Township of South Frontenac Official Plan intends for a majority of new growth to be directed to existing settlement areas where it can be supported by appropriate servicing. The reduced road frontage for the severed parcel is appropriate as the parcel is located in a settlement area where growth is encouraged, and is in-keeping with the character of Battersea. A 20 metre road frontage is appropriate for the retained parcel given the intent for this frontage to be developed as a public road that would be created through a future plan of subdivision. The Township requires a standard 20 metre wide road allowance, as per the Road and Lane Standard Cross-Section Policy. Any future lot creation from the retained parcel must occur by plan of subdivision to ensure the orderly development of the land. The purpose of the Holding (-H) symbol is to prohibit building or development on the retained parcel until such time as a subdivision agreement between the property owner and the Township has been executed and registered on title. To date, a plan of subdivision application has not been submitted and there are no immediate plans to develop the retained parcel. Should a plan of subdivision application be submitted, numerous studies including a hydrogeological assessment, terrain analysis, environmental impact assessment, species at risk assessment and traffic impact study would be required. The concerns raised by the public through the consent and rezoning application processes would be considered and addressed through the plan of subdivision process. Landowners within 120 metres of the plan of subdivision would be notified of any future plan of subdivision application. A decision on a future plan of subdivision would be made by the County of Frontenac with input from South Frontenac Council and would go through a fulsome public consultation process. Comments and concerns raised by the public would be addressed through the plan of subdivision process.
Summary As this rezoning 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, it is recommended Council approve this application by passing By-law 2021-37. Prepared by: Christine Woods, MCIP, RPP, Senior Planner Submitted/approved: Claire Dodds, MCIP, RPP, Director of Development Services Approved by: Neil Carbone, CAO Date of Site Visit: May 25, 2021 Natural, Vibrant and Growing – a Progressive Rural Leader 3
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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT
Zoning By-law Amendment Report Date:
July 5, 2021
Application No: Z-21-06 Purpose of Application: Township-initiated Administrative Amendments to the Text and Schedules of Zoning By-law No. 2003-75 Date of Public Meeting: June 8, 2021 (Virtual Public Meeting)
Recommendation THAT Council pass a resolution that there be no further notice of any changes made to By-law 2021-38 since the public meeting, pursuant to Section 34 (17) of the Planning Act; and THAT By-law 2021-38, to effect a number of changes to correct mapping and text errors that have been identified, to reflect the Township’s public road winter maintenance program and to ensure current provincial policy and guidance on minimum distance separation for livestock facilities as well as on group homes are appropriately reflected, be passed.
Background The Township of South Frontenac Council passed Zoning By-law No. 2003-75 in 2003. There is a need to periodically to review the Zoning By-law to consider emerging issues and specific situations that arise through use and implementation of the by-law. Changes are then made to the Zoning By-law through an amending bylaw that addresses each proposed change. When these types of amendments are initiated by the Township, they are often informally called a “housekeeping” amendment. These amendments are often general and/or technical changes made to the zoning by-law. The Zoning By-law was revised through Township-initiated amendments in 2007, 2012 and 2016. A comprehensive staff report on proposed general amendments to Zoning By-law No. 2003-75 was discussed at the February 9, 2021 meeting of the Committee of the Whole. Council, at its April 20, 2021 meeting, directed staff to prepare a public notice to be advertised on the Township website and in Frontenac News and to be sent directly to impacted property owners of the holding of a statutory public meeting for proposed general amendments to Zoning By-law 2003-75. These amendments relate to the Township’s public road winter maintenance program, property-specific zone errors, provisions on minimum distance separation between livestock facilities and sensitive uses, and group homes. The proposed amendments are expected to clarify by-law requirements for staff and applicants, result in fewer Planning Act applications, and streamline the development approval process.
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Council held a virtual public meeting on June 8, 2021, on proposed Townshipinitiated general amendments to Zoning By-law 2003-75. There were 15 registered participants at the meeting.
Discussion The proposed general and technical amendments involve correcting the zoning bylaw schedules, and ensuring current provincial policy and guidance on specific topics are appropriately reflected in the Zoning By-law. Township Official Plan policies are in place to support the proposed amendments. By-law 2021-38 is listed on the Council agenda under By-laws. The following items are addressed through the amendment. Zoning that reflects public road winter maintenance program a. Purpose and Effect – The zone on multiple properties that front onto public roads that are maintained year-round will be changed to a zone that permits a single detached (year-round) dwelling to reflect the Township’s updated winter maintenance program for Hanna Road, Steele Road, Lake Road, James Wilson Road and Timmerman Road. b. Background – Historically, the above noted public roads were seasonally maintained (e.g. no snow plowing). The Limited Service Residential RLS-2 zone applies to all lands with frontage on these roads. The purpose of the RLS-2 zone is to restrict residential development to seasonal dwellings (i.e. for summer use). Year-round residences are not permitted in this zone as the properties could not be accessed during the winter. Increasingly these properties with seasonal dwellings are being purchased and occupied as year-round homes. The Public Services Department updated its winter maintenance program such that all or portions of a number of these public roads are now maintained year-round. As such, the zoning on multiple properties should be changed to reflect changes to the public road winter maintenance program. Changing the zoning on these properties would allow for the issuance of a building permit for a single detached dwelling that would be constructed to allow it to be occupied as the owner’s principal dwelling that can be accessed year-round. c. Councillor Comments – At the April 20, 2021 Council meeting, Councillor Revill raised concerns that two provisions related to the RLS-2 zone are not enforceable. Namely, that property owners in the RLS-2 zone must demonstrate that they have a principal residence elsewhere when they apply for permission to construct a seasonal dwelling, and that the seasonal dwelling must be constructed to at least one of the seasonal dwelling standards of the Ontario Building Code (e.g. no insulation or no plumbing). He is concerned that there may be financial risk to the Township in the event
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that a permit was issued under the second point, and the owner later renovates the dwelling for year-round occupancy. Staff note that the “seasonal dwelling” definition in the Zoning By-law is a carryover of an historic approach to waterfront development. Decades ago, plans of subdivision for summer cottages (i.e. seasonal dwelling) on private lanes was commonplace. This seasonal use was reflected in the zoning bylaws for the former Townships. Bedford Township and Storrington Township also made this differentiation of seasonal use on public roads that were seasonally maintained (e.g. no snow plowing) as the properties were not accessible during the winter. Today, it is not typically common practice to regulate the seasonality of a use, similar to how municipalities no longer regulate occupancy of houses (e.g. family versus roommates). The focus of the proposed amendment is to correct errors in areas where the Township road maintenance practice does not align with current zoning provisions. The matter of seasonal dwellings, including their definition and where they are permitted uses, should be further reviewed following the adoption of a new Official Plan since the current Official Plan policies do not support a general amendment on the matter. It is anticipated that the new Official Plan could also include a strategy to address all properties on seasonal public roads. d. Public Comments – The Township received inquiries from several landowners whose properties are proposed to be rezoned from RLS-2 to a different zone at the June 8th public meeting and prior to the meeting. The inquiries can be categorized in two ways: First, what this means for their property. There is no anticipated impact to properties that are currently developed. Landowners of vacant properties will be able to apply for and receive a building permit for a single detached dwelling without the need to demonstrate that they have a principal dwelling on a separate property. Second, what impact this will have on the tax rate. The zoning alone would not trigger a reassessment; however, property taxes may be assessed higher now that the road is maintained year-round, or could be assessed differently in the future based on new development along the road and its effect on market values. Staff clarified at the public meeting that MPAC is not notified of zone changes. MPAC reassesses properties every four years based on changes (e.g. road maintenance) and comparable value of sales in neighbourhoods. Cyrus Mavalwala and Ernesta Rossi, owners of 48 Dairy Lane, are concerned that the RLSW zone would prohibit or restrict the agricultural use of their property. They requested the Township consider a zone that would continue to recognize the residential and the agricultural uses of the property. Staff have reviewed this request, and recommend that Council change the zone on this property to Rural (RU). They are satisfied with this
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approach. It is also recommended that the zone on 341 Hanna Road, which is similar in size and use, be changed to RU. The RU zone is appropriate to ensure the existing residential and agricultural uses of these two large, waterfront properties are able to legally continue. It is recommended that Council pass a section 34(17) resolution stating that there is no need for further public consultation on these changes.
- Property-specific zone errors a. Purpose and Effect – Zone errors on specific properties that have been identified through implementation of the Zoning By-law will be corrected. The effect will be to accurately reflect the zoning on properties and/or to legally recognize existing, longstanding uses on properties. b. Background – Errors related to property-specific zones were identified for several properties as a result of conversations with landowners and members of the public. c. Public Comments – Wayne Rogers, owner of 4918 North Shore Crescent, requested that the UC-10 zone remain on the property. However, he withdrew the request after staff provided a Township record that confirmed Mr. Roger’s application for rezoning was withdrawn in 2002 before a by-law could be brought to Council for a decision (i.e. a by-law was not passed for this property). The property was and should be zoned Rural. Tim Upton, owner of Michaels Olde Frontenac Landing on Devil Lake Road, requested the RRC-50 zone be further expanded to include the entire area used by the business. Staff do not recommend that Council expand the RRC-50 zone beyond what was shown in the original zoning by-law that applied to these lands, as is identified in By-law 2021-38. The additional area requested to be included by the owner, including the campsites, were not contemplated by the original RRC-50 zone. Staff did confirm for Mr. Upton that the RRC-50 zone will encompass all of the buildings and sites that are permitted in the RRC-50 zone. d. Zone Corrections Identified Following Public Meeting Since the public notice was given on this proposed amendment and the public meeting was held, and as a result of the notice, staff became aware of several other properties that require zone corrections based on discussion with landowners. Staff determined that zone corrections are warranted on these properties. It is recommended that Council pass a section 34(17) resolution stating that there is no need for further public consultation, and that the amendments be incorporated into the final by-law. The following additional properties require zone corrections. i.
The properties with addresses 1039 and 1056 Buffy Lake Lane were intended to be “bush” lots in the Buffy Lake subdivision. These lots
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were placed in zones that do not allow residential development when the subdivision was created in 1987. Building permits were inadvertently issued for houses on both of these lots since 2003. It is recommended to change the zones on these properties to legally permit the residential uses. The zone on 1039 Buffy Lake Lane would be changed from Environmental Protection – Special Provision (EP-1) to Limited Service Residential (RLS). The zone on 1056 Buffy Lake Lane would be changed from Open Space – Private (OSP) to Limited Service Residential – Waterfront (RLSW). The owner of 1056 Buffy Lake Lane is supportive of this change. ii.
A property in Part Lots 17 and 18, Concession XIII, Portland District is subject to both the Rural (RU) and Open Space – Public (OS) zones. The owners requested the OS zone be removed to minimize the potential for trespassers because of confusion caused by this zone (i.e. assumption that the property is open to the public). Quinte Conservation owns land surrounding this property that is zoned OS. Quinte Conservation staff suggested that when the OS zoning was established, the Township may have believed that Quinte Conservation owned Lot 18, Concession XIII in its entirety, whereas they do not own the lands east of Depot Creek. It is recommended to zone the property in its entirety RU. The owner is supportive of this change.
iii.
In review of a grant application for the Harrowsmith and District Social and Athletic Club (4041 Colebrook Road), it was identified that an incorrect zone was applied to the property. Staff recommend the zone on the property be changed from Urban Residential First Density (UR1) to Community Facility (CF) to facilitate future improvements to the property.
e. Table of Property-Specific Zone Corrections The following table lists the final property-specific zone corrections that are recommended. The table excludes the RLS-2 zone properties (see bullet 1 for discussion), as well as properties that were identified as part of the review of group homes and the Community Facility zone (see bullet 4 for discussion). Property 3329 Murton Road 3981 Harrowsmith Road 1039 Buffy Lake Lane 1056 Buffy Lake Lane Part Lots 17 and 18, Concession XIII, Portland 4041 Colebrook Road 4918 North Shore Crescent
Current Zone RU UC EP-1 OSP OS
New Zone CF UR1 RLS RLSW RU
UR1 UC-10
CF RU
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Property Part Lot 5, Concession 5, Storrington Part Lot 8, Concession 9, Bedford
Current Zone RU
New Zone CF
RRC-50
RRC-50 expanded
- Agriculture - Minimum Distance Separation a. Purpose and Effect – The provisions on minimum distance separation (MDS) for livestock facilities and sensitive uses will be updated so that they are consistent with provincial MDS guidelines. b. Background – The provisions on minimum distance separation in section 5.35 were compared to The Minimum Distance Separation (MDS) Document (OMAFRA, 2017) following comments received from members of the public on planning applications near livestock facilities in settlement areas. Based on the current provisions in the Zoning By-law, MDS I calculations may be completed between existing livestock operations and new residential lots within settlement areas at the discretion of Council, and MDS II distances may be reduced from listed cemeteries. The provisions also limit the circumstances in which a variance could be requested to the expansion of an existing livestock facility. These provisions contradict the MDS Document issued by the Province and need to be updated to be consistent with the provincial MDS guidelines. c. Councillor Comments – At the public meeting, Councillor Revill requested clarification on whether MDS II distances are applied in settlement areas. Staff clarified that MDS I and MDS II distances are not to be applied in settlement areas, per the MDS Document, as it is generally understood that the long-term use of the land in settlement areas is intended to be for nonagricultural purposes. In addition, the MDS Document indicates that municipalities may choose to establish local approaches governing urban agriculture. Staff have reviewed the existing zones and land uses within the Township’s settlement areas. There are large rural properties and existing livestock facilities (barns) in each of the settlement areas. These properties are zoned to permit agricultural uses. The Official Plan update will include a review of the settlement area boundaries and the permitted uses in the settlement areas. A comprehensive review of the Zoning By-law would follow. In the meantime, the amendment to Section 5.35(b) of the Zoning By-law will not permit reductions to MDS II distances except in limited specific circumstances. It is expected that this amendment will restrict the ability to erect or expand livestock facilities in settlement areas.
- Group homes a. Purpose and Effect – A group home will be listed as a permitted use in all zones that permit residential uses on public roads and removed from
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permitted uses of the Community Facility zone. Minimum parking requirements for groups homes will be added to the general provisions, and the requirement for a site-specific zoning by-law amendment will be removed. The effect will be to permit group homes as-of-right in all zones that permit residential uses on public roads. b. Background – A group home is a single housekeeping unit in a residential dwelling where individuals live under responsible supervision consistent with the individuals’ requirements. These individuals may, for example, be foster children, elderly persons, persons with developmental or physical disabilities, or people who are convalescing after medical treatment. The Ontario Human Rights Code says that “every person has a right to equal treatment with respect to occupancy of accommodation without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age marital status, family status, disability or the receipt of public assistance.” Municipalities have a responsibility to promote housing that is free from discrimination. Group homes are residential uses. Zoning by-laws cannot subject the people who live in this housing to higher levels of scrutiny and expectations than other forms of residential housing. The Township Official Plan permits group homes in all designations that allow residential uses, but not to be located on a private road. The Zoning By-law, however, only lists a group home as a permitted use in the Community Facility (CF) zone. Group homes are permitted subject to a site specific zoning by-law amendment and to requirements. These include minimum parking requirements, compliance with zone provisions, and location on public roads. The restriction to location on a public road would need to be revisited following the adoption of a new Official Plan. Staff identified five properties in the CF zone that appear to contain residential land uses. The landowners were asked to confirm how the properties are used in order to determine if the proposed change to the CF zone would impact the properties, and if a different zone should apply to the properties. No responses were received. It is recommended that 4361 William Street, 4035 Colebrook Road, 4097 Colebrook Road, 6022 Main Street and 5573 Road 38 be rezoned from CF to UR1 to legally permit residential uses, including group homes, on these properties.
Department and Agency Comments Public Services staff have indicated support to align zoning with winter maintenance programs on Township roads. The Chief Building Official also indicated support for the proposed amendments. Correcting errors in the Zoning By-law will help the Building Department provide accurate information to landowners.
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Summary As this rezoning 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, it is recommended Council approve this Townshipinitiated amendment by passing By-law 2021-38. Prepared by: Christine Woods, MCIP, RPP, Senior Planner Submitted by: Claire Dodds, MCIP, RPP, Director of Development Services Approved by: Neil Carbone, CAO
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-36
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BEING A BY-LAW TO DEEM PART OF PLAN OF SUBDIVISION NO. 1315 NOT TO BE A REGISTERED PLAN OF SUBDIVISION: LOT 18 & 19, PLAN 1315, DISTRICT OF STORRINGTON WHEREAS, section 50(4) of the Planning Act R.S.O. 1990, c. P.13, authorizes Council to pass a by-law to designate any plan of subdivision, or part thereof that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for purposes of the part lot control provisions of section 50(3) of the Planning Act. AND WHEREAS Plan of Subdivision 1315 has been registered for more than eight (8) years; AND WHEREAS Council considers it appropriate and necessary that those parts of Plan 1315 described in this by-law be deemed not to be a registered plan of subdivision to facilitate the merging of lands that will be utilized as one property and is developed as a single property for a period greater than eight years. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC HEREBY ENACTS AS FOLLOWS: 1.
THAT Lots 18 and 19, Plan of Subdivision 1315, District of Storrington is hereby deemed not to be a registered plan of subdivision for purposes of the part lot control provisions of subsection (3) of the Planning Act.
That the Owner(s) of the lands as of the date of by-law passage shall pay all costs associated with the development, passage and registration of this By-law.
That this By-law shall be registered in the proper Land Registry Office and the Municipality shall be provided with appropriate documentation that the registration has been completed within ten (10) business days of the date of registration;
That passage of this By-law shall be deemed to include authorization to legal counsel to register same in the appropriate Land Registry Office without further written authorization;
That this By-law shall come into effect when registered in the proper Land Registry Office.
Read this 13th day of July, 2021. Read a first and second time this 13th day of July, 2021. Read a third time and finally passed this 13th day of July, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-37 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM URBAN RESIDENTIAL FIRST DENSITY (UR1) TO URBAN RESIDENTIAL FIRST DENSITY – SPECIAL PROVISION (UR1-20 AND UR1-21-H) ON LANDS DESCRIBED AS 5056 BATTERSEA ROAD, PART OF LOT 9, CONCESSION 9, DISTRICT OF STORRINGTON: REYNOLDS 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 “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 Residential First Density – Special Provision (UR1-20 and UR1-21-H) 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 UR1-20 (5056 Battersea Road, Part of Lot 9, Concession 9, District of Storrington – Reynolds) immediately after the last Urban Residential First Density – Special Provision section to read as follows: UR1-20 (5056 Battersea Road, Part of Lot 9, Concession 9, District of Storrington – Reynolds) Notwithstanding the provisions of Section 14 or any other provision of this Bylaw to the contrary, on the lands zoned Special Urban Residential First Density (UR1-20), the following provisions apply: •
Lot Frontage (Minimum)
60 Metres (196.8 ft.)
All other provisions of this by-law shall apply. 3.
AND THAT Zoning By-law number 2003-75 as amended is hereby further amended by adding a new section UR1-21-H (Part of Lot 9, Concession 9, District of Storrington – Reynolds) immediately after UR1-20 (5056 Battersea Road, Part of Lot 9, Concession 9, District of Storrington – Reynolds) to read as follows: UR1-21-H (Part of Lot 9, Concession 9, District of Storrington – Reynolds) Notwithstanding the provisions of Section 14 or any other provision of this Bylaw to the contrary, on the lands zoned Special Urban Residential First Density (UR1-21-H), the following provisions apply: •
Lot Frontage (Minimum)
20 Metres (66 ft.)
The holding (“H”) symbol shall prohibit the construction of any buildings or development on the parcel until such time as a plan of subdivision agreement is entered into between the property owner and the Township to ensure the orderly development of the lands zoned UR1-21-H. Upon entering into a plan of
Page 120 of 163 subdivision agreement – a by-law may be passed in order to remove the holding (“H”) symbol. All other provisions of this by-law shall apply. 4.
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 13th day of July, 2021. Read a first and second time this 13th day of July, 2021. Read a third time and finally passed this 13th day of July, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 121 of 163 Schedule 1 This is Schedule “1” to By-law No. 2021- 37.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-38 BEING A TOWNSHIP-INITIATED BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO EFFECT A NUMBER OF CHANGES TO CORRECT MAPPING AND TEXT ERRORS THAT HAVE BEEN IDENTIFIED, TO REFLECT THE TOWNSHIP’S PUBLIC ROAD WINTER MAINTENANCE PROGRAM AND TO ENSURE CURRENT PROVINCIAL POLICY AND GUIDANCE ON MINIMUM DISTANCE SEPARATION FOR LIVESTOCK FACILITIES AS WELL AS ON GROUP HOMES ARE APPROPRIATELY REFLECTED. 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 Zoning By-law No. 2003-75 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 deems it expedient to amend By-law No. 2003-75 as amended, to undertake general amendments to reflect the Township’s public road winter maintenance program, correct site-specific zone mapping errors, clarify provisions on minimum distance separation for livestock facilities and sensitive uses, and update provisions relating to group homes; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received, 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 “A”, to Zoning By-law Number 2003-75 as amended, is hereby amended by changing the zoning in Part Lot 1, Concession 1, Portland District, specifically on 3329 Murton Road, from Rural (RU) to Community Facility (CF) as shown on Schedule “1”;
THAT Schedule “A” and Schedule “E”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning on Part Lots 1 to 4 and Block A on Plan 57, in Part Lot 6, Concession 5, Portland District, specifically on 3981 Harrowsmith Road, from Urban Commercial (UC) to Urban Residential First Density (UR1) as shown on Schedule “2”;
THAT Schedule “A” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning in Part Lots 1, 2 and 3, Concession XIII, Portland District, specifically on 1039 Buffy Lake Lane, from Environmental Protection – Special Provision (EP-1) to Limited Service Residential (RLS), and specifically on 1056 Buffy Lake Lane, from Open Space – Private (OSP) to Limited Service Residential – Waterfront (RLSW), as shown on Schedule “3”;
THAT Schedule “A” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning in Part Lots 17 and 18, Concession XIII, Portland District, from Open Space – Public (OS) to Rural (RU) as shown on Schedule “4”;
THAT Schedule “A” and Schedule “E”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning on Lot 8, Lot C and Block C on Plan 74, in Part Lot 6, Concession 5, Portland District, specifically 4361 William Street, from Community Facility (CF) to Urban Residential First Density (UR1) as shown on Schedule “5”;
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THAT Schedule “A” and Schedule “E”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning in Parts of Lots 7 and 8, Concession 4, Portland District, specifically 4035 and 4097 Colebrook Road, from Community Facility (CF) to Urban Residential First Density (UR1), and specifically 4041 Colebrook Road Urban Residential First Density (UR1) to Community Facility (CF), as shown on Schedule “6”;
THAT Schedule “A” and Schedule “E”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning in Part Lot 19, Concession 11, Portland District, specifically 6022 Main Street, Bellrock, from Community Facility (CF) to Urban Residential First Density (UR1) as shown on Schedule “7”;
THAT Schedule “A” and Schedule “E”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning in Part Lot 7, Concession 7, Portland District, specifically 5573 Road 38, from Community Facility (CF) to Urban Residential First Density (UR1) as shown on Schedule “8”;
THAT Schedule “B”, to Zoning By-law Number 2003-75 as amended, is hereby amended by changing the zoning in Lot 19, Concession VI, Loughborough District, specifically 4918 North Shore Crescent, from Urban Commercial – Special Provision (UC-10) to Rural (RU) as shown on Schedule “9”, to reflect that the associated application was withdrawn by the applicant and Council did not pass a by-law for this zone;
THAT Zoning By-law Number 2003-75 as amended, is hereby amended by deleting section UC-10 (Lot 19, Concession VI, Loughborough District – Rogers) and specifying that UC-10 was deleted by By-law 2021-38;
THAT Schedule “C”, to Zoning By-law Number 2003-75 as amended, is hereby amended by changing the zoning in Part Lot 5, Concession 8; Storrington District, from Rural (RU) to Community Facility (CF) as shown on Schedule “10”;
THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby amended by expanding the area subject to the Recreational Resort Commercial – Special Provision (RRC-50) zone to reflect the area shown on Schedule “A” of By-law 1997-16 as shown on Schedule “11”;
THAT Schedule “B”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning on properties with frontage on Lake Road and Jones Lane in Part Lot 25, Concession 5 and Part Lot 25, Concession 6; Loughborough District, from Limited Service Residential – Special Provision (RLS-2) to Waterfront Residential (RW) or Limited Service Residential – Waterfront (RLSW) as shown on Schedule “12”;
THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning on a property with frontage on Steele Road in Part Lot 23, Concession 2; Bedford District, from Limited Service Residential – Special Provision (RLS-2) to Rural (RU) as shown on Schedule “13”;
THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning on properties with frontage on Timmerman Road in Part Lot 4, Concession 4 and Part Lot 5, Concession 4; Bedford District, from Limited Service Residential – Special Provision (RLS-2) to Waterfront Residential (RW) or Limited Service Residential – Waterfront (RLSW) or Rural (RU) as shown on Schedule “14”;
THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning on properties with frontage on James Wilson Road in Part Lot 3, Concession 4, and Part Lots 2 to 6, Concession 5; Bedford District, from Limited Service Residential – Special Provision (RLS-2) to
Page 124 of 163 Waterfront Residential (RW) or Limited Service Residential – Waterfront (RLSW) or Rural (RU) as shown on Schedule “15”; 17.
THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning on properties with frontage on Hanna Road in Part Lots 23 and 24, Concession 11, and Part Lots 23 and 24, Concession 12; Bedford District, from Limited Service Residential – Special Provision (RLS-2) or Limited Service Residential (RLS) to Waterfront Residential (RW) or Limited Service Residential – Waterfront (RLSW) or Rural (RU) as shown on Schedule “16”;
THAT Section 5 – General Provisions, Subsection 5.35 Agriculture – Minimum Distance Separation, is hereby amended by deleting bullets a. and b., and replacing them with the following text: a. Notwithstanding any other yard or setback provisions of this By-Law to the contrary, no residential, institutional, commercial, industrial or recreational use, located on a separate lot, outside of the boundaries of a “Settlement Area” and permitted in the Zone in which the lot is situated, shall be erected or altered unless it complies with the Minimum Distance Separation (MDS I) calculated using the Ministry of Agriculture, Food and Rural Affairs, Publication 853 “The Minimum Distance Separation (MDS) Document”, as amended. Despite the aforementioned, existing vacant lots which cannot be developed as a result of MDS I may be developed subject to the approval of the Committee of Adjustment. Within “Settlement Area” boundaries, MDS I will not be applied to proposed new development. b. Notwithstanding any other yard or setback provisions of this By-Law to the contrary, no livestock facility, shall be erected or expanded except in compliance with the Minimum Distance Separation (MDS II) calculated using the Ministry of Agriculture, Food and Rural Affairs, “MDS Implementation Formulae and Guidelines”, as amended (Appendix 1) Minimum Distance Separation (MDS II) calculated using the Ministry of Agriculture, Food and Rural Affairs Publication 853 “The Minimum Distance Separation (MDS) Document”, as amended. Despite the aforementioned, MDS II setback will not be reduced except in limited site specific circumstances that meet the intent of The MDS Document (e.g. circumstances that mitigate environmental or public health or safety impacts, or avoid natural or human made hazards), subject to the approval of the Committee of Adjustment.
THAT Section 5 – General Provisions, Subsection 5.35 Agriculture – Minimum Distance Separation, is hereby further amended by deleting the Note and adding the following text as bullet f.: f. For the purpose of calculating MDS II setbacks, the cemeteries listed in Appendix 4 of this By-law are Type A land uses, as described in Publication 853 “The Minimum Distance Separation (MDS) Document”, as amended.
THAT Section 3 – Definitions is hereby amended by deleting the definition for the term “Group Home”, and adding the following definition: “Group Home” shall mean a premise used to provide supervised living accommodation, licensed or funded under Province of Ontario or Government of Canada legislation, for up to ten persons, exclusive of staff, living together in a single housekeeping unit because they require a supervised group living arrangement.
THAT Section 5.30.1 Minimum Parking Space Requirements is hereby amended by adding the following text: 5.30.1.25 Group Home – Two (2) spaces per dwelling unit plus one (1) space per four residents;
Page 125 of 163 22.
THAT Section 5.32 Group Homes is hereby deleted, and specifying that it was deleted by By-law 2021-38;
THAT “Group Home” is hereby added to the list of Permitted Uses in the following zones: Section 6 – A – Agricultural Zone Section 7 – RU – Rural Zone Section 8 – RW – Waterfront Residential Zone Section 12 – R – Residential Zone Section 14 – UR1 – Urban Residential – First Density Zone Section 15 – UR2 – Urban Residential – Second Density Zone Section 16 – UMR – Urban Multiple Residential Zone
THAT “Group Home” is hereby deleted from the list of Permitted Uses in Section 29 – CF – Community Facility Zone;
THAT Section RU-28 (Lot 13, Concession III, Portland District – Selle) is hereby amended by replacing Lot 13 with Lot 1 to provide the correct reference to the property to which RU-28 applies;
THAT Section RW-37 (Part Lot 15, Concession IX, Storrington District, B. Campbell) is hereby amended by adding a reference to By-law 2016-08 in order to differentiate between it and a separate RW-37 zone that applies to a different property;
THAT Section RW-37 (Part Lot 16, Concession IX, Storrington District, Ormsbee) is hereby amended by adding a reference to By-law 2015-63 in order to differentiate between it and a separate RW-37 zone that applies to a different property;
THAT Section RLSW-96 (Part Lot 23, Concession III, Storrington District – 1324789 Ontario Inc.) is hereby amended by deleting the incorrect reference to RLSW-96 and replacing it with the correct reference to RLSW-94, and by adding a reference to By-law 2014-49 in order to differentiate between it and a separate RLSW-94 zone that applies to a different property;
THAT Section R-28 (Part Lot 19, Concession II, Storrington District – Willowbrook Estates) is hereby amended by deleting the incorrect reference to R-28 and replacing it with the correct reference to R-27, and by adding a reference to By-law 2014-66 to differentiate between it and separate R-27 zones that apply to different properties;
THAT Section UR1-12 is hereby amended by replacing the minimum 64 metres of lot frontage with a minimum of 62 metres of lot frontage, and by replacing the minimum 0.57 hectare lot area with a minimum 0.34 hectare lot area, as per Reference Plan 13R20485 (Leslie M. Higginson Surveying Ltd., August 30, 2012) that was prepared to clear a condition of approval of a 2012 consent application, and an Area Certificate (Leslie M. Higginson Surveying Ltd., November 3, 2020);
THAT Section RRC-53 is hereby amended by replacing the incorrect reference to the Special Rural (RU-46) Zone with Special Recreational Resort Commercial (RRC-53) Zone;
THAT Section 21 – UI – Urban Industrial Zone, Section 21.3.3, is hereby amended by deleting the incorrect reference to subsection 20.3 and replacing it with the correct reference to subsection 21.3; and
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said section 34.
Page 126 of 163
Dated at the Township of South Frontenac this 13th day of July, 2021. Read a first and second time this 13th day of July, 2021. Read a third time and finally passed this 13th day of July, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 127 of 163 Schedule 1 This is Schedule “1” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 128 of 163 Schedule 2 This is Schedule “2” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 129 of 163 Schedule 3 This is Schedule “3” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 130 of 163 Schedule 4 This is Schedule “4” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 131 of 163 Schedule 5 This is Schedule “5” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 132 of 163 Schedule 6 This is Schedule “6” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 133 of 163 Schedule 7 This is Schedule “7” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 134 of 163 Schedule 8 This is Schedule “8” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 135 of 163 Schedule 9 This is Schedule “9” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 136 of 163 Schedule 10 This is Schedule “10” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 137 of 163 Schedule 11 This is Schedule “11” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 138 of 163 Schedule 12 This is Schedule “12” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 139 of 163
Schedule 13 This is Schedule “13” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 140 of 163 Schedule 14 This is Schedule “14” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 141 of 163 Schedule 15 This is Schedule “15” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 142 of 163 Schedule 16 This is Schedule “16” to By-law No. 2021-38.
Passed this 13th day of July, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 143 of 163
REPORT TO COUNCIL
DEVELOPMENT SERVICES DEPARTMENT
BUILDING
AGENDA DATE:
July 13th, 2021
SUBJECT:
2nd Quarter Building Activity Report for 2021
Summary of Report: The following report provides Quarterly Construction Values from 2018 to present, as well as types of construction that have occurred, Building Permits that have been issued and closed, and Part 8 services that were delivered in 2021. Year to date for 2021 (Q1 & Q2), Building Services has processed a total of 557 applications. These applications include South Frontenac building permits and delivery of Part 8 Sewage System permits under the Building Code, as well as other types of applications related to the delivery of Part 8 Services in South Frontenac and the other three Frontenac Townships. For comparison purposes, over the past three years, prior to the addition of Part 8 services, the Township has processed approximately 400 building permits annually. A breakdown of Part 8-related applications is provided at the end of the report.
Total Applications Processed by South Frontenac Building Services in 2021 - Q1 & Q2 600 500 400
390
300 200 135 100 0
166
50 42
81
16 Building Permits (SF) Part 8 Sewage Permits Part 8 Review of Other Part 8 Services (SF & Frontenac Twps) Planning Applications (SF & Frontenac Twps) (SF & Frontenac Twps) Q1
167
39 28
Q1 & 2 Total Applications
Q2
Quarterly Construction Values for all projects:
Construction Values - All Projects 40,000,000
2018
2019
2020
2021
35,000,000 30,000,000
7,112,000 5,501,998 9,442,065
25,000,000 20,000,000 15,000,000
10,174,862 13,050,757
11,678,813 17,287,756 10,938,758
14,794,702
10,000,000
8,141,000
5,000,000 0
2,990,962
2,211,814 1st Q
2nd Q
2,130,500 3rd Q
4th Q
Natural, Vibrant and Growing – a Progressive Rural Leader
5,322,701
Page 144 of 163
REPORT TO COUNCIL
DEVELOPMENT SERVICES DEPARTMENT
BUILDING
Quarterly Construction Values continued from previous page, with permit numbers: 2018 2019 2020 2021 CONSTRUCTION PERMITS CONSTRUCTION PERMITS CONSTRUCTION PERMITS CONSTRUCTION PERMITS VALUE ISSUED ISSUED VALUE ISSUED VALUE ISSUED VALUE January-March
$2,990,962.00
57
$2,211,814.00
44
$2,130,500.00
38
$5,322,701.00
86
April-June
$13,050,757.00
146
$14,794,702.00
142
$8,141,000.00
103
$17,287,756.00
201
July-September
$10,174,862.00
126
$11,678,813.00
134
$10,938,758.00
146
October-December
$5,501,998.00
77
$7,112,000.00
67
$9,442,065.00
86
Totals
$31,718,579.00
406
$35,797,329.00
387
$30,652,323.00
373
$22,610,457.00
287
Quarterly Construction Values for Single Family Dwellings:
Construction Values - Single Family Dwellings 30,000,000 25,000,000
4,405,000
20,000,000 3,787,000
6,621,000
8,042,000
15,000,000 7,027,500
6,720,000
10,000,000
12,003,350
11,770,355
5,000,000
7,844,000
0
900,000
1,283,000
1,392,000
2,595,000
2018
2019
2020
2021
6,884,000
1st Q
2nd Q
3rd Q
4th Q
2018 2019 2020 2021 CONSTRUCTION PERMITS CONSTRUCTION PERMITS CONSTRUCTION PERMITS CONSTRUCTION PERMITS ISSUED VALUE ISSUED VALUE ISSUED VALUE VALUE ISSUED January-March
$900,000.00
2
$1,283,000.00
3
$1,392,000.00
4
$2,595,000.00
7
April-June
$7,844,000.00
24
$11,770,355.00
39
$6,884,000.00
20
$12,003,350.00
30
July-September
$7,027,500.00
26
$8,042,000.00
23
$6,720,000.00
23
October-December
$3,787,000.00
14
$4,405,000.00
13
$6,621,000.00
18
Totals
$19,558,500.00
66
$25,500,355.00
78
$21,617,000.00
65
$14,598,350.00
37
Building Permits Issued: Type of Construction
JAN-MAR
Single Family Dwellings
7
30
37
Seasonal Dwellings
3
3
6
Additions & Renovations
12
23
35
Garage, Accessory Bldgs, Decks
18
36
54
Sewage Systems
7
66
73
Woodstove/Pellet/Chimney
8
5
13
Agricultural Buildings
2
3
5
New ICI/Multi-Res Bldgs.
0
0
0
Reno/Additions to ICI/Multi-Res Bldgs.
7
7
14
Demolitions
10
18
28
Pool enclosure
7
6
13
Other (Signs, Solar Panels, Investigations)
5
4
9
86
201
TOTAL PERMITS
APR-JUNE JULY-SEPT OCT-DEC
0
Natural, Vibrant and Growing – a Progressive Rural Leader
0
YTD
287
Page 145 of 163
REPORT TO COUNCIL
DEVELOPMENT SERVICES DEPARTMENT
BUILDING
Building Permits Closed:
JUL-SEP
OCT-DEC
YTD
Type of Construction
JAN-MAR
APR-JUN
Single Family Dwellings
3
11
14
Seasonal Dwellings
0
2
2
Additions & Renovations
12
11
23
Garage, Accessory Bldgs, Decks
16
18
34
Sewage Systems
3
2
5
Woodstove/Pellet/Chimney
6
2
8
Agricultural Buildings
0
0
0
New ICI/Multi-Res Bldgs.
0
1
1
Reno/Additions to ICI/Multi-Res Bldgs.
7
0
7
Demolitions
5
11
16
Pool enclosure
1
8
9
Other (Signs, Solar Panels, Investigations)
1
3
4
TOTALS
54
69
0
0
123
Delivery of Part 8 Services for Frontenac County: The chart below shows the breakdown of Part 8 Services delivered by Building staff in 2021 relative to other Building Code activities:
Sewage System Permits
North Frontenac Total Fee 36 $34,789.00
Central Frontenac
Total Fee 48 $46,738.00
Frontenac Islands
Total Fee 18 $17,179.00
South Frontenac
Total Fee 66 $62,832.00
Performance Reviews
3
$1,545.00
3
$1,750.00
2
$1,030.00
5
$2,575.00
Septic Review - Consents
2
$1,030.00
13
$8,755.00
1
$515.00
19
$9,755.00
Septic Review - Minor Variances
0
$0.00
2
$926.00
0
$0.00
13
$12,123.00
Part 8 Services
Sewage System Record Search
5
$515.00
5
$515.00
3
$309.00
13
$1,339.00
TOTALS
46
$37,879.00
71
$58,684.00
24
$19,033.00
116
$88,624.00
Between April and June 2021, South Frontenac Building Services processed a total of 257 applications under Part 8 of the Ontario Building Code and commented on Planning applications from a Part 8 perspective across Frontenac County. The total revenue that was collected in fees for these services was $195,422.00. Part 8 2021 YTD revenues total $282,254.00.
Prepared by: Peggy Spafford Permit Intake Coordinator
Submitted/Approved by: Claire Dodds Director of Development Services
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 146 of 163
REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT
- PLANNING AGENDA DATE:
July 13, 2021
REPORT DATE:
July 7, 2021
SUBJECT:
2nd Quarter – 2021 Planning Services Activity Report
The below tables reports on the delivery of Planning Services within the Development Services Department between April 1, 2021 and June 30, 2021. 2nd Quarter Activity Summary This section of the report summarizes the activities that occurred in the 2nd Quarter (Q2 = April - June 2021) in Planning Services. Staff worked remotely through April, May and a portion of June due to COVID 19 restrictions. 50 new lots were created in the Township in the first half of 2021: • •
28 new residential units have been created through approval of Cranberry Cove and Johnston Point Plans of Subdivision. 22 lots have been created by consent in 2021.
In Q2 of 2021 – Consents, Minor Variances and Zoning By-law Amendments continue to be the most frequently submitted planning applications. The number of consent and zoning by-law amendment applications submitted in the first half of 2021 (Q1 & Q2) are nearing the annual total of applications for 2020 and are exceeding the 2019 (Q1-4) totals.
Most Common Planning Applications 2021 (Q1 & 2) versus 2020 & 2019 Annual Totals 55
45
35
25
15
5
-5
Consents
2019 (Q1-4)
Minor Variances
2020 (Q1-4)
Zoning By-law Amendments
2021 (Q1 & Q2)
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 147 of 163
REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT
- PLANNING Below sections of this report break out planning activities by application type and compare the 2021 applications to the 2020 application numbers. Pre-consultation Meetings Number of Meetings this Quarter April 48 May 34 June 28 nd 2021 – 2 Quarter Total 110 2021 – Year to Date Total 214 2020 – 2nd Quarter Total 76 2020 – Annual Total 287
- Pre-consultation meetings occurred electronically during Q2-2021 due to COVID19 Consent Applications Complete Applications Submitted April May June 2021 – 2nd Quarter Total 2021– Year to Date Total 2020 – 2nd Quarter Total 2020 – Annual Total
9 11 12 32 48 12 52
Consent Applications – Approvals by Delegated Approval versus Applications Heard by Committee of Adjustment
April May June 2021 – 2nd Quarter Total 2021 – 1st Quarter Total 2020 –Total (May to Dec 2020)
Undisputed Consents Approved by Director of Development Services 6 7 4 17 6
Disputed Consents Heard by Committee of Adjustment
24
4
3 0 0 3 0
Minor Variance Applications
April May June 2021 – 2nd Quarter Total 2021 – Year to Date Total 2020 – 2nd Quarter Total 2020 – Annual Total
Complete Applications Submitted 8 6 4 18 29 12 52
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 148 of 163
REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT
- PLANNING Zoning By-law Amendment Applications
April May June 2021 – 2nd Quarter Total 2021 – Year to Date Total 2020 – 2nd Quarter Total 2020 – Annual Total
Complete Applications Submitted 2 5 5 12 16 3 17
Virtual Commissioning Appointments: • 45 electronic meetings were held with applicants to commission planning applications in Q2 of 2021. Site Plan Control Applications • 2 site plan control application were submitted in Q2 of 2021. • 3 site plan control applications have been received to date in 2021. • 10 site plan control applications were submitted in 2020. Development Agreements • 29 development agreements were prepared by Township Planning Staff in Q2 of 2021. • 55 development agreements have been prepared to date in 2021. • 53 development agreements were prepared in 2020. Certificates of Official Issued (Finalizing Consent Applications) • 12 consent applications were finalized in Q2 of 2021. • 22 consent applications were finalized to date in 2021. • 20 consent applications were finalized in 2020. License Agreements • 0 license agreements application were submitted in Q2 of 2021. • 1 license agreement application was submitted in Q1 of 2021. • 1 license agreement was processed in 2020. Road Closings • No road closing applications were received in Q2 of 2021. • 4 Road Closing applications were received in Q1 of 2021. • 3 Road closing applications were received in 2020. Plans of Subdivision & Condominiums • A 31-lot residential plan of subdivision in Sunbury was submitted to the County in April 2020. The County held a public open house in July 2020. A second round of technical comments were provided to the developer in June 2021. These comments have been reviewed with the developer and consultants and they will be preparing a third submission for staff review. •
A public meeting was held by the County on the Willowbrook Phase II Plan of Subdivision application (9 lots) in June 2021. A second technical submission was provided to Township staff. It is anticipated that staff will bring this draft plan forward for Council consideration in July 2021.
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 149 of 163
REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT
- PLANNING •
Johnston Point Plan of Condominium received Final Approval by the County of Frontenac on June 30, 2021. Township staff prepared a clearance letter t
•
Staff are reviewing the second technical engineering submission for the Hartington Plan of Subdivision. Inspection of the Pleasant Valley Drain was completed in April 2021.
•
Work is on-going with Ainley and Associates and the developer of the ValleyView to address outstanding re-grading work required within the plan of subdivision. Field work was undertaken in May 2021 to support re-grading of the developed hillside lots in the subdivision. This work is anticipated to be completed in summer/fall 2021.
•
Development Services & Public Services staff are working with the developers of Lyons Landing and Sandstone Shores subdivisions to ensure the terms of the subdivision agreement have been met in order to consider preliminary assumption of roads within these subdivisions.
Prepared by:
Michelle Hannah, Planning Assistant Anna Geladi, Planner Christine Woods, Senior Planner
Submitted/approved by: Claire Dodds, Director of Development Services Approved by:
Neil Carbone, CAO
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 150 of 163
INFORMATION REPORT TO COUNCIL FIRE DEPARTMENT
AGENDA DATE:
July 13, 2021
SUBJECT:
Surplus Sale of 2009 Fort Garry Kenworth Squad
RECOMMENDATION: This report is for information only. BACKGROUND: In September of 2020, SFFR Staff presented an updated Fleet and Asset Management Plan for fire department apparatus and large equipment. This plan has an emphasis on improving operational capacity and functionality, reducing vehicle carbon footprint, and producing savings over the 25 year span of the plan. The Fleet and Asset Management Plan included the surplus and sale of three (3) existing Squad Units and the purchase and implementation of 5 Rapid Response Unit Pickup Trucks over a period of two (2) years. This plan was endorsed by Council, with the purchase of an initial two (2) rapid response units being included in the 2021 budget. At the time of the presentation of the plan, Council inquired about the resale value of the three (3) existing squads. Based on comparable listings on Govdeals at the time of the report, SFFR staff estimated the total value of all three (3) units would be approximately $80,000. ANALYSIS/DISCUSSION: In April 2021, SFFR staff began the process of posting and selling the first of the three (3) Squads (2009 Fort Garry Kenworth Squad). A comprehensive specification package, along with detailed pictures of the apparatus was compiled. This package was posted on the Ontario Association of Fire Chiefs (OAFC) website in the used equipment for sale link. The package was also sent to several manufacturers of fire apparatus and various used fire department apparatus selling agents. The Town of Woodstock, New Brunswick expressed interest in the Squad through the OAFC website. They completed an in-person inspection of the vehicle and agreed to pay the full listed price of $110,000. The Bill of Sale Agreement was signed by both parties on June 26, 2021 and the purchaser agreed to arrange pickup of the vehicle. STRATEGIC PLAN ALIGNMENT: The sale of the surplus Squad aligns with our Strategic Priority #3 “Ensure the organizational capacity to deliver cost-effective services in a changing world”. This sale is part of the Fleet and Asset Management Plan for the fire department and will continue to improve our operational capacity based on the needs and circumstances of our community.
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 151 of 163
INFORMATION REPORT TO COUNCIL FIRE DEPARTMENT
FINANCIAL/STAFFING IMPLICATIONS: $110,000 from the sale will be transferred to the Fire Department Capital Reserve. ATTACHMENTS: Signed Bill of Sale for 2009 Squad Submitted by: Darcy W. Knott Director of Fire and Emergency Services Fire Chief / CEMC Approved by: Neil Carbone Chief Administrative Officer
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 152 of 163
MOTOR VEHICLE BILLOF SALE
INCONSIDERATIONofTheCorporationoffluTownofWoodstock(flu ‘Purchaser’) providingS110,000.«0CADtotalsalepriceincludingHST(the"PwvliaseAfce"),(he receiptandsuUciencyofwhichconsiderationisherebyacknowledgedtoTheCoiporationof
fluTownshipofSouthEnmtnucof4432GaugeStreet,Sydndunn,Ontario,KOH2TO(the .
Seller’), theSellerSELLSfluMotorVehicletothePurebaacr.
PAYMENT METHOD: TtcnireAawrwUlpaydienirchBeAtetothe<o-bybaik draftorcertified cheque. TheAinAiBu-iBnspoiuible foranymflucquent taxpayments requiredbyjurisdictionofprovincialorfederalrequirements.
MOTORVEHICLE:TheSeOerwillselltothePurchaserthefeUowingmotorvehicle(<he .
Motor Vehicle’) .
Make:Fin Department Squad
.
Model: 2009 Kenwmth Chassis
.
Manufactured:2010FortOanyFinTrudti
.
BodyType: CuatomBuilt FireTruck
. VeUcle Identification Number (VIN);2NKHHN7H89M942025 .
Odometer Reading: 23,514 kilometers
WARRANTIES!TheSdhr m . urantsthattheMotor CtftfcfeisftecofanyUenaand encumbrancesandthatthe&lbristhoIagdowneroftheAfotor^duae. TbeSdhrtbo wurantathat UuS’dfehudufullritfit andButhorilyto adldieJlfaftirCdW*andthatthe
S’dhrwUldefendthetideof(heJlfotwKriUefeagaiiutanyanddl cldmaanddunanda. .
ASIS’CONDmON: .n» Purchaseracknowledgesthat(heMotorVehicttismid “asIs’.
TlwSellerexpresslydisclaimsanyimpliedwarrantyastothefitnessfora particularpmpose andanyimpliedwarrantyastomerchantability. TheSellerexpresslydisclaimsany expressed orother implied .wairanties.
WORKINGORDER:AnywarrantyastotheconditionorworidagolderoftheMotor Vehicle iaexpressly disclaimed bythe SeSer.
MANUFACTURERSWARRANTY:AnydisclaimerofwaimtuibytheSellerinthisBill ofSdewfflnotinugrw^yaffectdietennsofanyapplicablewamnticaftomthe manufactuier ofthe Malar VeMde.
Page 1 of 30
Page 153 of 163 -. ’lut
.
MOTOR VEHICLE BILL OF SALE
INSPECTION; The Purchaser accepts the Motor Vehicle in Us existing couMtion given flat dieAinAiutr has either inspected tbBMotor Vdiicte or wa» given flu opportunity to inspecttheMotBT IKeUefebutchoeet» notiu^ect it. GOVERNINGLAW:This Bill ofSalewill beconstruedin accordancewithandgoverned by the lawsofthe PrminceofOntario. DELIVERY/FICKUPsThePurchaserwfll covet all costs associatedwithdeliveryor pickup of the MntorMdkicfe. OnceflieMatorfdUcfcilinthepoaseBaiBnoftheagaKaof Ba Purdiaser, all liabilities real with the Pinchaser.
SIGNED,SEALED,ANDDELIVERED
this2«udayofJune,2021.
Slanature: ^-
:
..
Seller: The Corponttoa ofthe Township ofSouth Fronlenac AddttU: 4432 GeorgeStreet, SydenharoOntario, KOBBTO ChiefAdministrative Officer (CAO), NeU Cubonr
Signature Purchaser: The CojtfnraUun «fThe Town ofWuodttnck Addreu; 824 Main Street, Waodatodt, New Bruuswick, E7M 2ES Chief Administrative Officer (CAO), Ken Aiifiony
Note: By signing above, both the Purchaser and Seller coafiim they have the authority to bind the municipality and the listed cotporation for file pmpoBes offllis transaction.
Page2 of 30
Page 154 of 163 ^-
MOTORVEHICLEBILLOFSALE weaas-.
OdometerDiacIonin! Shih.mont
I,TheCorporation oftheTownship ofSouthFrontenac of4432GeorgeStrett, Sydenliam, Ontario, KOH2TO (die . SeUer’), STATE AND DECLARE flat the odometer ofthe following vehicle (the Water (Wilde1) reads as follows: .
Make: Fire Department Squad Model: 2009 Knworth Chassis
ManufachireA2010PanOairyPinTrucks Body Type: Custom Built Fire Track
VehicleIdentificationNumber(VIN):2NKHHN7H89M942025 .
OdometerReading:23,514kilometers
I CERTIFYthatto dmbeatofmyknowledgetheodometornadmgu rtatedabovereflects theactual mileage oftheMotor Krttefc. I CERTIFY thattheodometer oftheAfiMor re no
knowledge of anyone else doing so.
SIGNED, SEALED, AND DELIVERED
ttiB2(u>dayofJune,2B21.
Signature; ^i^^f^
s-^.
Seller: The Corpomtton offlit Townthlp ofSouth Frontoaw Addnn: 4432 GeorgeStreet,SydenhamOntirio, KOH2TO ChiefAdiniaiatradveOfljcer(CAO), NeUCarbone
Signature
^Ift’jX^WS '
/
-'/
Purchaser; The Cwnyfirtton ofThe Town of Woadatock
Addreu: 824MajrfStreet, Woodttock, NewBrninwlck, E7M SES
ChiefAdmlnlitraUvcOflka-(CAO),KenAnthony
Note: Bysigningabaw,boththePurchaserand^dfcrconfinnfiieyluvetheauthorityto bindthemunicipalityandthelistedcmporattontarthepurposesofthistransaction. Page 3 of 30
Page 155 of 163
Page 156 of 163
June 24, 2021
File: AA-026-21
Liz Mikel Senior Policy and Program Advisor (Acting) Conservation and Source Protection Branch Ontario Ministry of Environment, Conservation and Parks 40 St. Clair Ave W, 14th Floor Toronto, Ontario, M4V 1M2 liz.mikel@ontario.ca
RE: Cataraqui Conservation Comments on Environmental Registry Posting 0192986 Regulatory Proposals (Phase 1) under the Conservation Authorities Act Dear Ms. Mikel, Cataraqui Region Conservation Authority (Cataraqui Conservation) staff are writing in response to the Ministry of Environment, Conservation and Park’s Phase 1 of 2 consultations regarding the above-noted Environmental Registry posting. These comments have been prepared in consultation with Cataraqui Conservation’s Board of Directors and Conservation Authority partners. Summary of Posting The Province of Ontario is in the process of developing and amending regulations to support the implementation of unproclaimed amendments within the Conservation Authorities Act. On May 13, 2021, a Regulatory Proposal Consultation Guide was released outlining mandatory and non-mandatory programs and services, proposed agreements that may be required from member municipalities, criteria for Transition Plans and Community Advisory Boards, and the Minister’s Section 29 regulation regarding management of own lands, after much discussion with the Conservation Authorities Working Group. Cataraqui Conservation Comments Cataraqui Conservation supports the general comments provided by Conservation Ontario regarding the posting.
Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca
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Below are Cataraqui Conservation’s comments, interpretation, and points of clarification to ensure successful implementation regarding the core mandate, governance, and accountability requirements for Conservation Authorities.
Natural Hazards o Clarification is required regarding whether conservation authorities are expected to deliver all mandatory programs and services within a given timeframe based on local capacity. Funding limitations are a significant barrier to completing requirements such as (1) delineating and mapping all hazard areas in their watershed, (2) operating, decommissioning, and maintaining water control infrastructure, and (3) providing ice management services. For example, Cataraqui Conservation completed a Floodplain Mapping Strategy for the jurisdiction. Based on the hundreds of lakes and watercourses within our region, the consultant report recommended a minimum of $5 million over the next 10-years was recommended to effectively complete all the required modelling and mapping. This is unrealistic for our area and staff are reviewing alternatives and partnership strategies to achieve the required information, as internal capacity cannot achieve this mandatory requirement due to funding pressures. o It is recommended that the study of “surface water flows” and “surface / groundwater interactions” include lakes. Within our region, understanding lake dynamics, sensitivities, and characteristics is fundamental to understanding the health of the watershed. As an example, the 2017 flooding elevated significant water levels within our inland lake communities impacting water control structure management and protection of people and property through regulating development activities along shorelines. The province in encouraged to include lakes in the definition. o Cataraqui Conservation looks forward to the release of the updated Provincial Flood Forecasting and Warning Guidelines currently under review and is strongly in support of Ontario’s Flooding Strategy which recognizes “the most cost-effective and sustainable way of reducing risks is to keep people and property out of high-risk areas”. The most critical priorities are provincial updates to floodplain mapping standards, existing technical guidelines, and the necessary tools to maintain wetlands and previous surfaces.
Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca
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o Cataraqui Conservation encourages the province to restore previously cut Section 39 funding, include low water response as an eligible activity, and provide rationale on the framework for funding apportionment across the various conservation authorities. In 2019, the funding was cut by 50% which results in staffing changes and reduced capacity to carry out these needed programs. Prior to 2019, there was no change in the funding model for over two decades. To successfully perform this mandatory program, municipalities need to understand how the funds are apportioned.
Conservation Lands o Clarification is required regarding whether providing recreational opportunities on properties still allows for mandatory land management and maintenance costs on the property to reduce potential liability and ensure safety of staff and users (e.g., hazard tree management). o Cataraqui Conservation strongly supports the ability to cover multiple lands under one management plan where applicable. This approach supports the efficient use of municipal levy. To complete the development of policies and management strategies for properties, Cataraqui Conservation encourages the province to maintain flexibility on deadlines for achieving these mandatory requirements. It is recommended that the Board of Directors establish reasonable timelines for completion or should the province wish to set deadlines that a phased-in approach similar to Accessibility for Ontarians with Disabilities Act (AODA) requirements be implemented. o Cataraqui Conservation strongly encourages that free passive recreational opportunities (e.g., walking or wilderness trails in rural communities) should be eligible as a mandatory activity on Conservation Authority lands. As seen in recent months, these properties provide sought after outdoor recreation for mental and physical health and are highly valued by the local watershed community. In some areas, recreational usage on properties jumped to 50% more than in previous years and in some cases having these amenities open support the Conservation Authority in reducing encroachment and illegal activities. o The model for cost-recovery on these properties is challenging for many of the rural communities and municipalities within our jurisdiction. It is important to consider the watershed-based approach to natural resource
Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca
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management and support all vulnerable populations in accessing natural spaces.
Drinking Water Source Protection o It is essential that the province continue to fully fund the Drinking Water Source Protection program as long as Conservation Authorities are required to exercise and perform the powers and duties of the Source Protection Authority and implement the eligible activities within those responsibilities. Municipalities have expressed they do not have the capacity to absorb these costs. o Cataraqui Conservation encourages the province to review reporting responsibility for this program. As many of the local Source Protection Plans are progressing well in terms of implementation and are under updates, bi-annual (every other year) reporting would significantly assist staff in providing meaningful comments and engaging partners. Municipalities struggle to provide valuable feedback on a yearly basis.
Core Watershed-based Resource Management Strategy o Cataraqui Conservation strongly supports the inclusion of integrated watershed management through the mandatory development of a Watershed-based Resource Management Strategy. This provides a framework for Conservation Authorities and our member municipalities to identify and prioritize the programs and services most needed in each watershed to protect people and property form natural hazards and conserve natural resources. o Clarification is requested to ensure that municipal agreements are listed as a potential funding mechanism for this initiative, as this option is unclear within the table noted on page 20 within the Consultation Guide. o It is recommended that the Board of Directors establish reasonable timelines for completion and scope of implementing this strategy as an outcome of 2023 budget development once all agreements are in place. Should the province wish to set deadlines, than a phased-in approach similar to AODA requirements is recommended for implementation.
Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca
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Provincial Water Quality and Quantity Monitoring o In addition to the PQWMN and PGMN programs, Cataraqui Conservation participates in Ontario Benthos Biomonitoring Network, Lake Partner Program, and hydrometric modelling to support the Provincial Watershed Report Card and support a better understanding of the state of the watershed for land acquisition strategies and valuable restoration initiatives. Clarification is requested regarding whether these initiatives are considered mandatory under these programs to support the monitoring of water quality and quantity.
Organizational Costs o Cataraqui Conservation strongly supports the inclusion of ongoing organizational costs under mandatory programs and services, as these are necessary line items to deliver all the programs and services and should therefore be apportioned to municipalities as part of levy discussions. It is unclear whether administrative costs will need to be split between mandatory and non-mandatory programs (e.g., General Manager’s Office, information technology, finance, communications, etc.,). Cataraqui Conservation strongly recommends that these costs remain whole to support the organization and staff capacity for implementing all programs and services at a high-quality service level. Being a smaller organization, staff take on many roles across different departments and projects and breaking this model will be very costly to the taxpayer. In addition, apportioning organizational costs based on a percentage minimum also proves to be a challenging model for smaller organizations. It is recommended that these costs be apportioned to member municipalities following the modified CVA formula as is currently implemented.
Transition Plans and Municipal Agreement o Cataraqui Conservation strongly supports the flexibility of creating agreement arrangements, as this supports efficiency and reduced administration, and the ability of the Minister to grant extensions for
Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca
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completing agreements with the support of one or more municipalities. There is a concern that the timing of establishing agreements will coincide with election season. Previous years’ arrangements have indicated agreements are often postponed until the new Councils are initiated. It is also recommended that multi-year agreements be part of the flexibility to reduce annual administrative overhead. o It will be difficult to finalize a Transition Plan and municipal agreements over the next year and a half without the final regulations (including Phase 2) in place and a substantial delay may make these timelines unachievable.
Community Advisory Boards o As written, the intent of Community Advisory Boards can be interpreted to duplicate the work of the Board of Directors and limits the capacity of administrative staff. If Conservation Authorities are required to form a Community Advisory Board, Cataraqui Conservation recommends that the Terms of Reference as determined by the Board of Directors clearly outlines the scope of work so to not duplicate efforts. To do this effectively, it is recommended that few requirements are prescribed to enable local flexibility and effectiveness based on watersheds needs and capacity. o Cataraqui Conservation intends to use existing community-based committees to fulfill the intent of the Advisory Board function so long as the current Terms of Reference meets any of the criteria laid out within regulation. The Administrative By-law and/or Terms of Reference will stipulate that this committee or working group fulfills the requirements of the regulation. Cataraqui Conservation’s current Administrative By-Law already enables the governance and established of Community Advisory Boards, therefore, no separate regulation is needed understanding periodic updates may occur to outline the details to meet the intent of the Province. o It is recommended that the maximum authority representation on Community Advisory Boards is increased to 20% if the province intends for at least one member of the Conservation Authority to be involved and that the minimum number of members be changed from 5 to 3 should there be less than 10 municipally appointed members on the Board of Directors.
Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-39 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON JULY 13, 2021 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 July 13, 2021 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 July 13, 2021 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 July 13, 2021 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 13 day of July, 2021. Read a third time and finally passed this 13 day of July, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
