Body: Council Type: Agenda Meeting: Regular Date: March 19, 2024 Collection: Council Agendas Municipality: South Frontenac
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Township of South Frontenac Council Meeting Agenda
TIME: DATE: PLACE:
7:00 PM, Tuesday, March 19, 2024 Council Chambers/Virtual Via Zoom .
Call to Order
a)
Resolution
That the Council meeting of March 19, 2024 be called to order at ___ p.m. 2.
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
That the agenda be approved, as presented.
Scheduled Closed Session
Recess
Public Meeting
a)
Resolution - Public Meeting to Order
b)
Notice of Collection and Public Meeting Statement
6 - 32
c)
Zoning By-law Amendment Application PL-ZBA-2024-0003, K. Mulrooney Trucking Limited, Battersea Road at Frontenac Road, 102906003011315 This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2024-0003 for a property at the southeast corner of Battersea Road and Frontenac Road with roll number 102906003011315. If approved the zone on the property would be changed from Rural (RU) and Rural Industrial (RI) to a Rural Industrial Special Provision zone (RI-XX).
33 - 40
d)
Zoning By-law Amendment Application PL-ZBA-2024-0009, Ruddock, 2124 Charlie Green Road, Loughborough District This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2024-0009 for a property civically addressed as 2124 Charlie Green Road. If approved, the zone on the subject lands would be changed from Waterfront Residential (RW) to Rural (RU). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by Bylaw 2023-44, as the planning matter is technical in nature (i.e. it fulfills a condition of consent approval)
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e)
Resolution - Close Public Meeting
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Delegations
a)
Mr. Pedersen will be present to speak to Council regarding traffic calming and wildlife concerns.
Briefings
Approval of Minutes
a)
Resolution
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That the Minutes of the March 5, 2024 Council meeting be approved. 10.
Reports Requiring Action
a)
Verona Housing Consultant
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That Council support the award of the Verona Housing consultant support contract under sole sourcing to 2B Developments. b)
Application to Enter into a Licence Agreement LA-2024-001 (Roney)
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That Council deny the request to enter into a Licence Agreement for the alteration and use of two unopened road allowances shown as Subject Road Allowance ‘A’ and Subject Road Allowance ‘B’ on the Location Map, attached to the Report as Exhibit A. c)
Noise By-Law Exemption Request
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That Jansen Adriano be granted an exemption from Section 4, (Schedule 1, Clause 7.) of By-law Number 2015-41, As Amended, “A By-Law to Prohibit and Regulate Noise Within The Township of South Frontenac”, to permit the discharge of consumer fireworks at 86 Palmer Lane, Tichborne (Burridge Lake) on August 31, 2024 between 9:00 p.m. and 10:00 p.m.; it being understood that the exemption to discharge consumer fireworks does not permit the discharge of fireworks should the discharge of consumer fireworks be prohibited by other Township of South Frontenac By-Laws including but not limited to By-Law 2004-107, as amended, Ontario Regulations or Provincial Legislation. d)
Unopened Road Allowance Closure Request RC-24-02 (Fleming)
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That Council direct staff to proceed with the process of closing, selling, and transferring the unopened road allowance shown as Part 1 Plan 13R22980; and That Council waive the normal process to consider an unopened road allowance closure application to allow the by-law to be considered on the same agenda as the public meeting. e)
2024 Frontenac Farmers Market Special Events & Initiatives
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That Council designate the Frontenac Farmers Market event dates listed in the revised Exhibit A of Report 2024-054 hosted in Centennial Park, Harrowsmith from 3:00pm – 7:00pm as Municipally Significant as required by the Alcohol & Gaming Commission of Ontario (AGCO) for a Special Occasion Permit for the sale and service of alcohol at the events; and That Council approve the sale and service of alcohol through Endorsement Licences at the Frontenac Farmers Market on the dates listed in Exhibit A from 3:00pm to 7:00pm as per By-law 2003-90; and
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That Council approvals be contingent on receiving approval from the Alcohol & Gaming Commission of Ontario (AGCO). 11.
Advisory Committee Reports or Minutes
a)
Recreation and Leisure Advisory Committee Recommendation “June is Recreation & Parks Month”
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That the Recreation and Leisure Services Advisory Committee recommends that Council consider declaring June “Recreation and Parks Month (JRPM)”. 12.
Reports Requiring Approval of By-laws
a)
Dedication and Assumption of 0.3 metre reserve, Eel Bay Road, Plan 1540
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That By-law 2024-23 being a By-law to dedicate and assume as a part of a highway for public use in accordance with the Municipal Act, 2001, be given first and second reading; and That By-law 2024-23 be given third reading, signed and sealed. b)
Zoning By-law Amendment Application PL-ZBA-2024-0009, Ruddock, 2124 Charlie Green Road, Loughborough District
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That By-law 2024-24 being a By-law to amend By-law 2003-75, as amended, to rezone lands from the Waterfront Residential (RW) zone to Rural (RU) on lands civically addressed as 2124 Charlie Green Road, be given first and second reading; and That By-law 2024-24 be given third reading, signed and sealed. c)
Zoning By-law Amendment Application PL-ZBA-2023-0134, Harmsen Construction Inc. (The Boulevard Group), Rutledge Road, 102904001010120
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That By-law 2024-25 being a By-law to amend the zoning on lands described as Part Block I, Plan 50, Part 2, Reference Plan 13R3750, Part Lot 4, Concession 4, District of Loughborough, Township of South Frontenac, be given first and second reading; and That By-law 2024-25 be given third reading, signed and sealed. d)
Deeming By-law Application PL-LC-2024-0021 (Hunter), Lot 4, Plan 1828
96 100
That By-law 2024-26 deem the property described as Lot 4, Plan 1828, District of Bedford, Township of South Frontenac as not being in a plan of subdivision, be given first and second reading; and That By-law 2024-26 be given third reading, signed and sealed. 13.
Reports for Information
a)
2023 Development Charges Reporting
101 103
b)
Investment Update to December 31, 2023
104 106
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c)
Award of Tender # PS-2024-04 – 2024 Micro Surfacing Program
107 111
d)
Award of Tender # PS-2024-05 – 2024 Surface Treatment Program
112 117
Committee of the Whole
Information Items
Notice of Motions
Rise and Report regarding County Council and External Boards
a)
County Council
b)
Police Services Board
c)
Cataraqui Conservation
d)
Quinte Conservation
e)
Rideau Valley Conservation Authority
f)
Frontenac Community Arena Board
Announcements/Statements by Councillors
Closed Session (if requested)
a)
Resolution
That Council resolve itself into the Committee of the Whole “Closed Meeting” to consider the following items: a) Approval of the February 20, 2024Committee of the Whole “Closed Meeting” minutes; and b) A proposed or pending acquisition or disposition of land by the municipality or local board - Loughborough District.
b)
Approval of the February 20, 2024Committee of the Whole “Closed Meeting” minutes
c)
A proposed or pending acquisition or disposition of land by the municipality or local board - Loughborough District
d)
Resolution
That Council rise from the Committee of the Whole “Closed Meeting”. 20.
Confirmatory By-law
a)
Resolution
118
That By-Law 2024-27, being a By-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac, be given first and second reading; and That By-Law 2024-27 be given third reading, signed and sealed. 21.
Adjournment
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a)
Resolution
That the Council meeting of March 19, 2024 adjourn at ___ p.m. South Frontenac is a welcoming and thriving rural community
Public Meeting under the Planning Act
Applications for Zoning By-law Amendment PL-ZBA-2024-0003, PL-ZBA-2024-0009 Tuesday, March 19, 2024 Page 6 of 118
7:00 p.m. Council Meeting
Notice of Collection • Personal information, as defined by the Municipal Freedom of Information and protection of Privacy Act (MFIPPA), including (but not limited to names, addresses, opinions and comments, is collected under the authority of the Municipal Act, 2001, Planning Act and in accordance with MFIPPA. • All personal information may form part of the meeting agendas and minutes, and therefore will be made available to members of the public at the meetings, through requests, and through the website of the Corporation of the Township of South Frontenac. • Questions regarding the collection, use and disclosure of this personal information may be directed to the Township Clerk. Page 7 of 118
Public Meeting Statement • The purpose of this public meeting is to hear comments on Zoning By-Law Amendment Application PL-ZBA-2024-0003. • If a person or public body does not make oral or written submissions at this public meeting, or make written submissions to South Frontenac Township before any by-law is passed, the person or public body may not be added to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. • If you wish to be notified of the decision of Council in respect to the application, you must submit a written request to the Clerk by email care of planning@southfrontenac.net. This will also entitle you to be advised of an Ontario Land Tribunal appeal.
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• Anyone may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the Clerk within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal.
Meeting Format • Planner reviews proposal and delivers report • Public questions and comments • Council questions and comments • Close public meeting
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PL-ZBA-2024-0003
Applicant: K. Mulrooney Trucking Limited Agent: Gary Beach and Lindsay Mills Property: Southeast corner of Battersea Road and Frontenac Road (Roll Number 102906003011315) Page 10 of 118
Location
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Location
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Neighbourhood Zoning
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Proposal • Designation – Rural • Existing Zone – RU and RI • Proposed Zone – RI-XX • Permit light industrial uses • Future lot creation
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Extract from Pinchin, December 2023
Proposed Uses • • • • • •
• • • • • • • • •
seed and feed mill merchandising service shop machine shop assembly operation retail and/or wholesale building supply outlet factory outlet accessory dwelling or dwelling unit for a caretaker or security guard research facility accessory buildings or uses to the above uses including a bank, a cafeteria and a retail outlet for the purpose of selling goods manufactured, stored and/or assembled on the premises
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• • • •
manufacturing, processing, or warehousing undertaking including storage warehousing cartage, express or truck terminal workshop for the repair, processing, or treatment of small goods and wares, and any other service industries yard for the open or concealed storage of goods or materials business or professional office accessory to a permitted industrial use, including a union hall agricultural equipment supply and repair outlet contractor’s yard welding shop bulk storage yard motor vehicle repair garage
Supporting Documents • Planning Justification Report
• Mills Planning Consultants, January 12, 2024 • Assessed the appropriateness of the proposed zoning by-law amendment in the context of the surrounding area as well as its conformity with the applicable policy and regulatory framework
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View of property from Mount Chesney Road
View of current business site
View of Frontenac Road frontage looking south Page 18 of 118
Existing building along Battersea Road frontage
View of Battersea Road frontage looking west Page 19 of 118
Department and Public Comments • Any comments received will be shared at the Public Meeting
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Policy Framework Provincial Policy Statement Frontenac County Official Plan Township of South Frontenac Official Plan
• Promote diversification of economic base and employment opportunities • Compatibility with rural landscape • Land use compatibility
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Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting
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Open Discussion 1. 2. 3. 4.
Applicant/Agent Remarks Council Questions Public Questions and Comments Council Comments
If you are joining virtually and would like to speak:
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• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
PL-ZBA-2024-0009 Property Owner: Kevin Vallier Applicant/Agent: Darren Ruddock Property: 2124 Charlie Green Road
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Location
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Neighborhood Zoning
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Proposal • Lot addition severance approved on October 10, 2023 • Designation - Rural • Existing Zone – RW • Proposed Zone – RU
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Department and Public Comments • Public Services & Building Services - were not circulated on the consent or zoning by-law amendment application due to the nature of the proposal • Cataraqui Conservation – No objection to the consent application or Zoning Amendment Application • Public – none received
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Planning Analysis
• Provincial Policy Statement, County Official Plan and Township Official Plan allow rural lot creation • Director of Development Services granted provisional approval with consideration for the relevant policies • Zone of severed parcel needs to be changed to acknowledge that the parcel would not have frontage on a waterbody • No anticipated impacts or conflicts with surrounding area • The proposal maintains the general intent of the Official Plan Page 29 of 118
Next Steps • South Frontenac Council should receive comments from the public • Staff recommendation to pass a by-law tonight
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Open Discussion 1. 2. 3. 4.
Applicant/Agent Comments Council Questions Public Questions and Comments Council Comments
If you are joining virtually and would like to speak:
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• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Adjourn Public Meeting
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To:
Council
From:
Director, Development Services
Date of Meeting:
March 19, 2024
Subject:
Zoning By-law Amendment Application PL-ZBA-2024-0003, K. Mulrooney Trucking Limited, Battersea Road at Frontenac Road, 102906003011315
Report Number:
2024-047
Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2024-0003 for a property at the southeast corner of Battersea Road and Frontenac Road with roll number 102906003011315. If approved the zone on the property would be changed from Rural (RU) and Rural Industrial (RI) to a Rural Industrial Special Provision zone (RI-XX). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application through the public meeting. Staff will bring a more detailed report considering applicable policy and public comments, as well as providing a recommendation to Council on this application at a future meeting. Recommendation This report is for information only. Background The purpose of the application is to change the zone on the property from Rural (RU) and Rural Industrial (RI) to a Rural Industrial Special Provision zone (RI-XX). The effect would be to permit a variety of light industrial uses (e.g. manufacturing, processing, or warehousing; workshop; assembly operation; contractor’s yard). The draft by-law (Exhibit A) includes a complete list of permitted uses proposed by the applicant. The property is also subject to two consent applications for residential lots (Application Numbers S-09-20-S and S-15-20-S). The owner intends to amend these consent applications for industrial lots if the zone on the property is changed to a Rural Industrial Special Provision zone. Another consent application may also be submitted, such that there could eventually be four rural industrial lots ranging in size from 2.7 to 6.7 acres. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-047
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The subject property is located at the southeast corner of Battersea Road and Frontenac Road. The subject property is in a neighbourhood with industrial uses to the west, mineral aggregate quarries to the east, and residential uses to the south and north. There are also agricultural lands in immediate area. The subject property is approximately 7.6 hectares (19 acres) in size. It has 260 metres of frontage on Battersea Road and 320 metres of frontage on Frontenac Road. The lands are generally level, with a gentle slope from north to south. A hydro corridor runs on a diagonal through the property. Five acres of the property accessed from Frontenac Road is currently leased to a business, Nidus 3D. There are two storage buildings on the property. Application and Supporting Documents
The application and supporting documents can be accessed through the Township’s CivicWeb Document Center, https://southfrontenac.civicweb.net/filepro/documents/90083/ Planning Justification Report A Planning Justification Report (Mills Planning Consultants, January 12, 2024) was submitted in support of the application. The report assessed the appropriateness of the proposed zoning by-law amendment in the context of the surrounding area as well as its conformity with the applicable policy and regulatory framework. Department and Agency Comments
No comments were received at the time this report was written. Public Comments
No comments were received at the time this report was written. Preliminary Planning Analysis The proposed zoning by-law amendment will need to be assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The Provincial Policy Statement 2020 (PPS) states that healthy, integrated and viable rural areas should be supported by promoting diversification of the economic base and employment opportunities through goods and services, including value-added products (section 1.1.4). At the same time development needs to be compatible with the rural landscape as well as with surrounding sensitive land uses, such as residential properties. Development must also be sustainable on rural service levels (section 1.1.5.4).
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-047
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The County of Frontenac Official Plan, consistent with the PPS, promotes ways to enhance local employment opportunities in strategic locations such as settlement areas and along major transportation routes (section 3.1.1). The Township of South Frontenac Official Plan permits industrial uses which pose no threat of pollution to air, land or water, and which will not have a deleterious impact on adjacent land uses (section 5.7.6). The Official Plan encourages industrial uses to be located on arterial roads, such as Battersea Road. Appropriate buffering or screening is required where these uses are adjacent to residential development. Industrial uses must be zoned in a separate category (e.g. Rural Industrial). As indicated above, the subject property is in a neighbourhood with industrial uses to the west, mineral aggregate quarries to the east, and residential uses to the south and north. Approximately one hectare (15%) of the property is currently zoned for Rural Industrial uses. The Rural Industrial (RI) zone permits a wide range of industrial uses. The draft by-law proposed by the applicant includes a refined list of permitted uses that they think would be compatible with nearby residential uses. It appears that the majority of the proposed uses may be considered Class I industrial facilities under the Provincial D-Series Guidelines. Class I industrial facilities are “a place of business for a small scale, self contained plant or building which produces/stores a product which is contained in a package and has low probability of fugitive emissions. Outputs are infrequent, and could be point source or fugitive emissions for any of the following: noise, odour, dust and/or vibration. There are daytime operations only, with infrequent movement of products and/or heavy trucks and no outside storage.” (Guideline D-6 Compatibility Between Industrial Facilities and Sensitive Land Uses). The Provincial D-Series Guidelines require a minimum 20 metre setback between Class I industrial facilities and sensitive uses. In accordance with this guideline for Class I industrial facilities, the RI zone requires a minimum 22 metre interior side yard setback and/or rear yard setback abutting a residential zone or use. This 22 metre area must be maintained in an open space condition with no open storage of goods or materials. The RI zone also requires buffer planting strips. Site plan control would apply to any development proposed on the property per By-law 2022-58. An application for site plan control would need to be informed and supported by technical studies such as a D-6 assessment (land use compatibility report), traffic impact study, stormwater management report, and hydrogeological assessment and terrain analysis. These studies would be required at the site plan control stage rather than the rezoning stage because the intended use of the property must first be known to adequately assess impact. Such technical studies are required to demonstrate compliance with the Official Plan and Zoning By-law, including that the proposed use will not create a traffic hazard, that the public road is of suitable quality to accept traffic generated by the new industrial www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-047
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development, that adjacent land uses will not be adversely affected by any emissions, that groundwater and surface water will not be impacted, etc. A detailed policy analysis will be provided in a subsequent report to Council following the public meeting. The report may include a by-law for consideration by Council. The content of a proposed by-law may be refined based on the detailed policy analysis and consideration for comments received at the public meeting. Financial Implications Not applicable. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Choose an item. Action Item (If Applicable): Insert Text
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies
Attachments Exhibit A – Draft By-law Approvals Prepared By: Christine Woods, RPP, MCIP, Senior Planner Submitted By:
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-047
Brad Wright, Director of Development Services Approved By:
Lousie Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Page 38 of 118 Township of South Frontenac By-Law Number 2024-XX Page 1 of 3 By-Law Number 2024-XX A By-Law to amend By-law 2003-75, as amended, to rezone land from Rural (RU) and Rural Industrial (RI) to Rural Industrial – Special Provision (RI-XX) on lands described as Part of Lot 38, Concession 7, District of Storrington Whereas pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; and Whereas By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; and Whereas the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; and Whereas there be no further notice pursuant to Section 34 (17) of the Planning Act; Therefore be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- That Schedule “C” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) and Rural Industrial (RI) to Rural Industrial – Special Provision (RI-XX) 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 RI-XX (Part Lot 38, Concession 7, District of Storrington) immediately after the last Rural Industrial – Special Provision section to read as follows:
RI-XX (Part Lot 38, Concession 7, District of Storrington) Notwithstanding the provisions of Section 20 or any other provision of this By-law to the contrary, the lands zoned Special Rural Industrial (RI-XX) shall be used in accordance with the following: •
Permitted Uses • any manufacturing, processing, or warehousing undertaking including storage warehousing, • any cartage, express or truck terminal, • any workshop for the repair, processing, or treatment of small goods and wares, and any other service industries, • any yard for the open or concealed storage of goods or materials, • any business or professional office accessory to a permitted industrial use, including a union hall, • an agricultural equipment supply and repair outlet, • a contractor’s yard, • a welding shop, • a bulk storage yard,
Page 39 of 118 Township of South Frontenac By-Law Number 2024-XX Page 2 of 3 • • • • • • • • • •
a motor vehicle repair garage, a seed and feed mill, a merchandising service shop, a machine shop, an assembly operation, a retail and/or wholesale building supply outlet, a factory outlet, an accessory dwelling or dwelling unit for a caretaker or security guard, in accordance with the provisions of Section 5.19, a research facility, accessory buildings or uses to the above uses including a bank, a cafeteria and a retail outlet for the purpose of selling goods manufactured, stored and/or assembled on the premises, provided such outlet is part of the principal building, and occupies not more than five (5) percent of the gross floor area of the principal building.
All other provisions of this by-law shall apply. 2. This By-law shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Given First and Second Readings: Click or tap to enter a date. Given Third Reading and Passed: Click or tap to enter a date.
James Thompson, Clerk
Ron Vandewal, Mayor
Page 40 of 118 Township of South Frontenac By-Law Number 2024-XX Page 3 of 3 Schedule 1 of By-law 2024-XX
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To:
Council
From:
Director, Development Services
Date of Meeting:
March 19, 2024
Subject:
Zoning By-law Amendment Application PL-ZBA-2024-0009, Ruddock, 2124 Charlie Green Road, Loughborough District
Report Number:
2024-048
Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2024-0009 for a property civically addressed as 2124 Charlie Green Road. If approved, the zone on the subject lands would be changed from Waterfront Residential (RW) to Rural (RU). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature (i.e. it fulfills a condition of consent approval) Recommendation That By-law 2024-24 being a By-law to amend By-law 2003-75, as amended, to rezone lands from the Waterfront Residential (RW) zone to Rural (RU) on lands civically addressed as 2124 Charlie Green Road, be given first and second reading; and That By-law 2024-24 be given third reading, signed and sealed. Background The subject application is related to consent application PL-BDJ-2023-0070 for the creation of one new lot addition. The consent application was provisionally approved by the Director of Development Services on October 10, 2023. The purpose of the rezoning application is to implement a condition that requires the retained parcel to be rezoned. This change would permit the retained parcel to no longer have frontage on a waterbody. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. Property Description The subject property (2124 Charlie Green Road) is a 7.29Ac parcel with frontage on Mica Lake, Little Long Lake Road, and Charlie Green Road. The southern portion of the subject www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-48
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property is developed with a mobile home and detached accessory structures. North of the developed area, the subject property is densely covered in mature tree growth until it reaches Mica Lake. The shoreline area on the north portion is primarily low-lying wetland. Regarding topography, there is a valley running through the subject property between the retained lot and the benefitting lands, with slopes reaching a height of approximately 20m on either side. As a result of this landform, drainage on the subject property is split, with the southern portion draining into Sydenham Lake and the northern portion draining into Mica Lake. The surrounding area is characterized by similar style rural residential and waterfront residential development. Department and Agency Comments Building Services and Public Services were not circulated on the original consent application or the zoning amendment application due to the nature of the proposal. Cataraqui Conservation had no objection to the consent application or the Zoning Amendment Application. Public Comments No comments were received from the public at the time of writing this report. Discussion/Analysis The proposed zoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The Director of Development Services had consideration for these planning documents in the decision to grant provisional approval to the consent application. The Provincial Policy Statement (Section 1.1.5) and the County of Frontenac Official Plan (Section 3.3) permit residential development, including lot additions, which are locally appropriate, in rural lands. The County Official Plan and the Township Official Plan also permit residential development in the Rural Designation. The retained parcel from consent application PL-BDJ-2023-0070 would no longer have frontage on a waterbody. For this reason, the retained parcel would need to be rezoned Rural (RU) to comply with the Zoning By-law. The retained parcel would comply with the minimum frontage and area requirements of the Rural Zone. The existing mobile home was placed on the subject property in approximately 1974, prior to the adoption of the Zoning By-law for the former Township of Loughborough in 1982. Therefore, the existing mobile home is a legal non-conforming use. Any future development on the subject property would need to be in compliance with Zoning By-law 2003-75 and conform to Official Plan policies. All remaining waterfrontage on the subject property would be conveyed to the benefitting lands, leaving the retained parcel with frontage on a public roadway. The severed (lot addition) parcel does not require a rezoning and will continue to function as a waterfront residential property. The surrounding area is characterized by similar styles of waterfront residential and rural residential development. The impact associated with the creation of a www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-48
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larger waterfront residential property and a smaller rural residential property are anticipated to be minimal and would not conflict with the character of the area. The retained parcel is presently developed, and the enlarged benefitting lands are to be developed with a single dwelling. Therefore, the proposal would not facilitate an increase in density or use along the waterfront. The severed parcel is in compliance with the land division policies (Section 7.1) of the Township Official Plan. Conclusion It is the opinion of Township Planning Staff that the proposed zoning by-law amendment is consistent with the Provincial Policy Statement 2020, in conformity with the Frontenac County Official Plan and Township of South Frontenac Official Plan and represents good planning for the subject lands. Staff recommend that Council pass a by-law during the Council meeting in which the public meeting is held, per procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature. Specifically, the Director of Development Services had consideration for all applicable policy in the decision to grant provisional approval to the consent application, and the by-law will fulfill one of their conditions. Financial Implications Not applicable. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Choose an item. Action Item (If Applicable): N/A
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-48
Attachments Exhibit A – By-law 2024-24 Approvals Prepared By: Noah Perron, Planner Submitted By:
Brad Wright, Director of Development Services Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 44 of 118
Page 45 of 118 Township of South Frontenac By-Law Number 2024-24 Page 1 of 2 By-Law Number 2024-24 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LANDS FROM WATERFRONT RESIDENTIAL (RW) TO RURAL (RU) ON LANDS CIVICALLY ADDRESSED AS 2124 CHARLIE GREEN ROAD, PART 1 ON PLAN 13R15501, PART LOT 11, CONCESSION 8, MICA LAKE, DISTRICT OF LOUGHBOROUGH Whereas pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the council of a Municipality may enact by-laws regulating the use of land and the erection, location and used of buildings and structures thereon; Whereas By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; Whereas the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; And that there be no further notice pursuant to Section 34 (17) of the Planning Act; Therefore be It Resolved That the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- That Schedule “B” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing zoning from Waterfront Residential (RW) to Rural (RU) for the lands shown on Schedule “1”.
- This By-law shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, and take effect either upon the date of passage or as otherwise provided by said Section 34. Given First and Second Readings: Tuesday, March 19, 2024 Given Third Reading and Passed: Tuesday, March 19, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 46 of 118 Township of South Frontenac By-Law Number 2024-24 Page 2 of 2 Schedule 1 of By-law 2024-24
Page 47 of 118 Minutes of Council March, 5, 2024
Township of South Frontenac Council Meeting Minutes
Meeting # 05 Time: 7:00 p.m. Location: Council Chambers / virtual via Zoom Present: Ray Leonard, Doug Morey, Steve Pegrum, Norm Roberts, Randy Ruttan, Ron Sleeth, Scott Trueman, Adam Turcotte, Mayor Ron Vandewal Staff: Louise Fragnito - Chief Administrative Officer, James Thompson - Clerk, Michelle Hannah - Deputy Clerk, Brad Wright - Director of Development Services, Kyle Bolton Director of Public Services, Delbert Blakney - Director of Fire and Emergency Services, Arundhati Mohile - Director of Corporate Services and Treasurer, Troy Dunlop Manager of Engineering and Capital Projects, Noah Perron - Planner
1
Call to Order
a)
Resolution Resolution No. 2024:05:01 Moved by Councillor Pegrum Seconded by Councillor Roberts That the Council meeting of March 5, 2024 be called to order at 7:00 p.m. Carried
2 a)
Declaration of pecuniary interest and the general nature thereof There were none.
3
Approval of Agenda
a)
Resolution Resolution No. 2024:05:02 Moved by Councillor Sleeth Seconded by Councillor Morey That the agenda be amended to include item 12. c) being a by-law to appoint a Director of Corporate Services and Treasurer, and as amended, be approved. Carried
4 a)
5 a)
Scheduled Closed Session There was none. Recess There was none.
6
Public Meeting
a)
Resolution - Public Meeting to Order
Page 48 of 118 Minutes of Council March, 5, 2024 Resolution No. 2024:05:03 Moved by Councillor Ruttan Seconded by Councillor Trueman The the Public Meeting be called to order. Carried b)
Notice of Collection The Deputy Clerk delivered the Notice of Collection, Public Meeting Statement and reviewed the format of the Public Meeting.
c)
Zoning By-law Amendment Application PL-ZBA-2024-0006, Tasneem (ZanderPlan), Roll Number 102904005001800, Loughborough District This report provided Council with information about Zoning By-law Amendment Application PL-ZBA-2024-0006 for a property on Holleford Road with Assessment Roll Number 102904005001800. If approved, the zone on the subject lands would be changed from Rural (RU) to Limited Service Residential Waterfront – Special Provision (RLSW-140). Council will review the proposal and invite public input at the statutory public meeting. Staff are recommending that Council pass a by-law during the Council meeting in which the public meeting is held, per Procedural By-law as Amended by By-law 2023-44, as the planning matter is technical in nature (i.e. it fulfills a condition of consent approval). Noah Perron, Planner delivered the planning report to Council. There were no public comments received.
d)
Resolution - Close Public Meeting Resolution No. 2024:05:04 Moved by Councillor Turcotte Seconded by Deputy Mayor Leonard That the Public Meeting be closed. Carried
7 a)
Delegations There were none.
8
Briefings
a)
Kyle Bolton, Director, Public Services provided a Briefing regarding 2024 Public Services Department Priorities prior to consideration of Business Item 13. b.
9
Approval of Minutes
a)
Resolution Resolution No. 2024:05:05 Moved by Councillor Trueman Seconded by Councillor Pegrum That the Minutes of the February 20, 2024 Council meeting be approved. Carried
Page 2 of 6
Page 49 of 118 Minutes of Council March, 5, 2024 10
Reports Requiring Action
a)
Request for Lane Name Change – Neill Lane to James Thomas Lane Resolution No. 2024:05:06 Moved by Councillor Roberts Seconded by Councillor Morey That the application submitted by Mr. Bilkovski to change the name of Neill Lane to James Thomas Lane be denied. Defeated Resolution No. 2024:05:07 Moved by Councillor Sleeth Seconded by Councillor Pegrum That By-law 2024-23 being a By-law to approve the naming of an existing private lane to James Thomas Lane be given first and second reading. Carried Resolution No. 2024:05:08 Moved by Councillor Pegrum Seconded by Deputy Mayor Leonard That By-law 2024-23 be given third reading, signed and sealed. Carried
b)
2023 Capital Budget Summary & Cancellation of Projects Resolution No. 2024:05:09 Moved by Deputy Mayor Leonard Seconded by Councillor Sleeth That Council approve the cancellation/closure of projects as listed in the staff report. Carried
c)
Blue Box Transition Update Resolution No. 2024:05:10 Moved by Councillor Turcotte Seconded by Councillor Morey That delegated authority be given to the Chief Administrative Officer and Director of Public Services to make decisions and enter into contracts or agreements on behalf of the Township related to the Blue Box Transition; That the Township Opt-Out of curbside collection for the transition period of July 1, 2025 to December 31, 2025; and That the Township Alternate Opt-In for depot collection at the landfills for the transition period of July 1, 2025 to December 31, 2025. Carried
11 a)
Advisory Committee Reports or Minutes There were none.
12
Reports Requiring Approval of By-laws
a)
Noise By-law Amendment regarding Section 7. Enforcement Resolution No. 2024:05:11
Page 3 of 6
Page 50 of 118 Minutes of Council March, 5, 2024 Moved by Councillor Roberts Seconded by Councillor Ruttan That By-law 2024-19, attached as Exhibit A being a By-law to “A By-Law to Amend By-Law 2015-41, As Amended, ‘A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac’”, be given first and second reading. Carried Resolution No. 2024:05:12 Moved by Councillor Pegrum Seconded by Deputy Mayor Leonard That By-law 2024-19 be given third reading, signed and sealed. Carried b)
Zoning By-law Amendment Application PL-ZBA-2024-0006, Tasneem (ZanderPlan), Roll Number 102904005001800, Loughborough District Resolution No. 2024:05:13 Moved by Councillor Trueman Seconded by Councillor Sleeth That By-law 2024-20 being a By-law to amend By-law 2003-75, as amended, to rezone land from the Rural (RU) zone to Limited Service Residential Waterfront – Special Provision (RLSW-140) on lands described as a Portion of Part Lots 2-4, Concession 12, District of Loughborough, be given first and second reading. Carried Resolution No. 2024:05:14 Moved by Councillor Ruttan Seconded by Councillor Pegrum That By-law 2024-20 be given third reading, signed and sealed. Carried
c)
Appointment of Director of Corporate Services & Treasurer Resolution No. 2024:05:15 Moved by Councillor Morey Seconded by Councillor Roberts That By-law 2024-22 being a By-law to appoint Arundhati Mohile as Director of Corporate Services and Treasurer be given first and second reading. Carried Resolution No. 2024:05:16 Moved by Councillor Turcotte Seconded by Deputy Mayor Leonard That By-law 2024-22 be given third reading, signed and sealed. Carried
13
Reports for Information
a)
2023 Statement of Remuneration and Expenses paid to Council Members
b)
2024 Department Priorities
c)
Delegated Authority for Fleet Procurements
d)
Public Services Department Quarterly Update
14
Committee of the Whole
a)
Page 4 of 6
Page 51 of 118 Minutes of Council March, 5, 2024 There was none. 15
Information Items
a)
Correspondence received from Rachael Mather, Public Health Dietitian regarding Information on the Cost of Eating Healthy in KFL&A.
16
Notice of Motions
a)
There were none.
17
Rise and Report regarding County Council and External Boards
a)
County Council Deputy Mayor Leonard shared that the County is hopeful that the next meeting of County Council will be held in their new building. Mayor Vandewal shared that most staff are now moved into the new building.
b)
Cataraqui Conservation Councillor Sleeth advised that the new General Manager starts on April 25th. He noted that they are in their busy season with Maple Madness. He stated that all office staff have moved into the new shared office at the new County building.
c)
Quinte Conservation Councillor Robert noted that the next meeting is scheduled for March 24, 2024.
d)
Rideau Valley Conservation Authority Councillor Turcotte shared that he attended his first meeting since appointment. He explained that the meeting was the AGM and members were appointed to various committees. He noted that a budget of $12.5 million was approved. He mentioned that the RVCA will be hosting its annual watershed tour on June 21, 2024 for members of council and staff who are interested.
18 a)
19 a)
Announcements/Statements by Councillors There were none. Closed Session (if requested) There was none.
20
Confirmatory By-law
a)
Resolution Resolution No. 2024:05:17 Moved by Councillor Pegrum Seconded by Councillor Sleeth That By-Law 2024-21, being a By-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac, be given first and second reading.
Page 5 of 6
Page 52 of 118 Minutes of Council March, 5, 2024 Carried Resolution No. 2024:05:18 Moved by Councillor Trueman Seconded by Councillor Roberts That By-Law 2024-21 be given third reading, signed and sealed. Carried 21
Adjournment
a)
Resolution Resolution No. 2024:05:19 Moved by Councillor Ruttan Seconded by Councillor Trueman That the Council meeting of March 5, 2024 adjourn at 8:11 p.m. Carried
Ron Vandewal, Mayor James Thompson, Clerk South Frontenac is a welcoming and thriving rural community
Page 6 of 6
Page 53 of 118
To:
Council
From:
Office of the Chief Administrative Officer
Date of Meeting:
March 19, 2024
Subject:
Verona Housing Consultant
Report Number:
2024-057
Summary This report seeks approval of the award of consulting services to support the Verona Housing project. Recommendation That Council support the award of the Verona Housing consultant support contract under sole sourcing to 2B Developments. Background The Verona Housing project began with the purchase of land in 2020 followed by the development of the Verona Master Plan in 2021/2022. Information on the project is available at EngageFrontenac. Currently, the Township is undertaking a servicing study on the property. This is one of the many steps that are required to better inform the development of the project. Discussion/Analysis While the servicing study is under way, many other steps can be taken in tandem to streamline the timelines on bringing the project to construction. This includes the creation of the municipal service corporation, reviewing and applying for available grants, assessing the housing unit mix of the project based on the outcomes of the servicing study while also considering other parameters such as the provincial affordability criteria, development of proformas to ensure financial sustainability, various design stages for the property, issuance of tender documents and project management. In assessing the procurement of a consultant to support the project along with the existing exposure and awareness of our Verona Housing project, 2B developments has already been involved through EORN in reviewing our project and supporting EORN on the use and implementation of communal services. Further, 2B development specializes on rural developments and has experience with projects in Perth, Lanark County along with other projects in the Ottawa area. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-057
Page 54 of 118
The CAO has had many preliminary discussions with the consultant and feels that the existing knowledge of the project combined with support provided, from their recommendation, to apply for a CMHC grant and FCM grant for the project as well as their existing experience has demonstrated the understanding of the Township’s goals with the project. Further, in these discussions, the consultant has prepared a preliminary timeline itemizing the necessary steps in the project and aligning to the timing of the servicing study clearly identifying their experience and understanding from many perspective such as funding, consultation, design and construction. For this reason, it is recommended that the contract for consultant support on the project be awarded to 2B Developments under sole sourcing. Financial Implications The budget includes a 2022 carryover in the amount of $175,000 for project design and management consultant. The scope of work estimates 10-15 hours per week between the executive director ($195.00/hour) and project manager ($150/hour) for 2024 which will convert to a fixed fee contract in 2025 (or sooner if desired) for 1 to 2% of the total project cost (to be negotiated). Relationship to Strategic Plan ☐ Not applicable to this report. ☒ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. •
Pillar: Sustainable Long-Term Prosperity
Climate Considerations ☐ Not applicable to this report. ☒ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. The project will have consideration for energy efficient throughout all units built. Approvals Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 55 of 118
To:
Council
From:
Office of the Clerk
Date of Meeting:
March 19, 2024
Subject:
Application to Enter into a Licence Agreement LA-2024-001 (Roney)
Report Number:
2024-042
Summary An application has been received by the Clerk’s Department requesting the use of two unopened road allowances in the Township. The applicant is requesting permission to alter the road allowance to build a trail to access a parcel of landlocked property by ATV, snowmobile and horseback. Recommendation That Council deny the request to enter into a Licence Agreement for the alteration and use of two unopened road allowances shown as Subject Road Allowance ‘A’ and Subject Road Allowance ‘B’ on the Location Map, attached to the Report as Exhibit A. Background Section 28 (2) (a) of the Municipal Act, 2001 gives the local municipality jurisdiction over all road allowances located in the municipality. Council is authorized to licence the use of untravelled portions of highways under its jurisdiction. Discussion/Analysis Staff have received an application requesting that the Township enter into a Licence Agreement for a non-exclusive use for the purpose of upgrading the unopened road allowance to allow for vehicular (ATV and snowmobile) access and access by horseback to and from the Licensee’s property. The unopened road allowances run between Concessions 8 and 9 and are located to the north of the end of Quarry Road for approximately 100 metres “Subject Road Allowance ‘B’” and to the west approximately 900 metres “Subject Road Allowance ‘A’” to the benefitting lands as shown on the Location Map attached to this report as Exhibit A. The unopened road allowance is densely vegetated with mature trees, seedlings, shrubs and grasses. The entirety of the road allowance and the benefitting lands lie within the Cameron Swamp Provincially Significant Wetland. The area also has the potential for karst topography and is identified as an Area of Natural and Scientific Interest (ANSI). www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-042
Page 56 of 118
To facilitate a path navigable by ATV, snowmobile and horse significant vegetation would be required to be removed along the unopened road allowance. Similarly, it is reasonable to believe that additional aggregate would need to be introduced to the area. During a desktop review, site visit and through consultations with Quinte Conservation Authority, Planning Services staff and Public Services staff it was determined that any alterations to the unopened road allowance, mainly the road allowance running east to west would be deemed as interference within a wetland. This development would be prohibited by Ontario Regulation #319/09 Regulation of Development, Interference within Wetlands and Alterations to Shorelines and Watercourses. Quinte Conservation staff also advised that if there is karst present, Quinte Conservation regulations and policies do not permit development within the extent of identified karst. Planning Services staff have advised that they do not support a licence agreement for these unopened road allowance as it may encourage possible future development proposals on the subject property. Public Services staff has concerns with the alterations of a Provincially Significant Wetland and lands having an ANSI designation. Staff are unable to support the request for an unopened road allowance as Quite Conservation would not be able to issue a permit to alter the wetlands as it would be a violation of their Regulation 319/09. Financial Implications There are none. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillar: Choose an item. Action Item (If Applicable): Insert Text
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation None.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-042
Attachments Exhibit A – Location Map Approvals Prepared By: Michelle Hannah, Deputy Clerk Submitted By:
James Thompson, Clerk Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 57 of 118
Page 58 of 118
Page 59 of 118
To:
Council
From:
Office of the Clerk
Date of Meeting:
March 19, 2024
Subject:
Noise By-Law Exemption Request
Report Number:
2024-046
Summary The purpose of the Report is to provide Council with background information necessary for consideration of a Noise By-law exemption request related to 86 Palmer Lane, Tichborne. Recommendation That Jansen Adriano be granted an exemption from Section 4, (Schedule 1, Clause 7.) of By-law Number 2015-41, As Amended, “A By-Law to Prohibit and Regulate Noise Within The Township of South Frontenac”, to permit the discharge of consumer fireworks at 86 Palmer Lane, Tichborne (Burridge Lake) on August 31, 2024 between 9:00 p.m. and 10:00 p.m.; it being understood that the exemption to discharge consumer fireworks does not permit the discharge of fireworks should the discharge of consumer fireworks be prohibited by other Township of South Frontenac By-Laws including but not limited to By-Law 2004107, as amended, Ontario Regulations or Provincial Legislation. Background On April 11, 2023, Council approved By-law 2023-29 which amended the Noise By-law to permit any person to submit a Noise By-law Exemption Request Application up to four weeks in advance of the event to the Clerk’s Department requesting an exemption from any of the prohibitions described in the General Prohibitions Section of the By-law. Furthermore, By-law 2023-29 outlines that a Council approved exemption will be in effect for the dates and times specified, and Council may impose any conditions that it considers appropriate. A Council approved exemption shall be invalid if the conditions are contravened. Discussion/Analysis Staff received a Noise By-Law exemption request from Jansen Adriano, 86 Palmer Lane, Tichborne. The application is seeking exemption from Section 4, and more specifically Schedule 1, Clause 7 of the Noise By-law to permit the discharge of fireworks on August 31, 2024 from 9:00 p.m. to 10:00 p.m. Although the Township of South Frontenac may grant an exemption from By-law 2015-41 to permit the discharge of consumer fireworks as they relate to sound, all other laws, by-laws www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-046
Page 60 of 118
and acts must be adhered to, including but not limited to; the Township of South Frontenac Open Air Burning By-Law 2012-68, the Forest Fires Prevention Act and O. Reg 207/96: Outdoor Fires. The following provides as summary of Section 4., Schedule 1, Clause 7 of By-Law 2015-41: “Section 4: No person shall emit, cause or permit the emission of noise resulting from any act listed in Schedule 1 – Prohibitions by Time and Place if clearly audible at a point of reception located in an area of the Municipality specified in Schedule 1 within a prohibited time show for such an area.” “Schedule 1, Clause 7: The discharge of fireworks (except as permitted by the Municipality) in Residential Areas and other Areas as defined by the Prohibited Periods of Time “G” in By-Law 2015-41: Prohibited Periods of Time as defined by Schedule 1 “G”: Any time from January 1st to the Friday of the Victoria Day weekend, and from the Tuesday following the Victoria Day holiday to June 30 and from July 5 to December 31.” Financial Implications None. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillar: Choose an item. Action Item (If Applicable): Insert Text
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation Director of Emergency Services / Fire Chief Attachments None. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-046
Approvals Prepared By: Michelle Hannah, Deputy Clerk Submitted By:
James Thompson, Clerk Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 61 of 118
Page 62 of 118
To:
Council
From:
Office of the Clerk
Date of Meeting:
March 19, 2024
Subject:
Unopened Road Allowance Closure Request RC-24-02 (Fleming)
Report Number:
2024-034
Summary Clerk’s Department Staff have received an application requesting to close, sell and transfer an unopened road allowance located between Concessions 1 and 2, Lot 21, District of Storrington shown as Part 1 on Plan 13R22980. Recommendation That Council direct staff to proceed with the process of closing, selling, and transferring the unopened road allowance shown as Part 1 Plan 13R22980; and That Council waive the normal process to consider an unopened road allowance closure application to allow the by-law to be considered on the same agenda as the public meeting. Background The Municipal Act, 2001, allows Council to consider the stopping up, closing and transferring of lands that are surplus to the needs of the municipality. The Township Notice By-Law, 2016-73 prescribes the manner in which notice is provided for applications requesting to stop up, close and transfer an unopened road allowance. Discussion/Analysis Staff have received an application requesting the closing of an unopened road allowance lying between Concessions 1 and 2, District of Storrington. The benefitting lands is a whole lot in a plan of subdivision located on the northwest shore of Collins Lake and is addressed as 3945 Middle Woodland Drive. The unopened road allowance is aligned from east to west between Concessions 1 and 2, District of Storrington. The easterly portion of the unopened road allowance begins at Perth Road. A portion of Davidson Road travels along the road allowance before Davidson Road turns and runs southerly. The remainder of the road allowance between Davidson Road and Collins Lake is unopened. The specific portion of unopened road allowance that is proposed to be purchased is separated from the aforementioned road allowance by Collins Lake as illustrated in the Location Map attached to this report as Exhibit A. The mainland www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-034
Page 63 of 118
unopened road allowance (to the west) and the subject lands road allowance (shown in red on the Location Map) are separated by Collins Lake and are technically separate due to a natural severance. Therefore, the road allowance abutting 3945 and 3941 Middle Woodland Drive are effectively separate and orphaned from the mainland unopened road allowance between Davidson Road and Collins Lake. This application seeks to merge a portion of the separate/orphaned lands with a large, developed subdivision lot. The applicants have pre-emptively had the lands surveyed, R-Plan 13R22980 is attached to this report as Exhibit B. The portion of unopened road allowance proposed to be closed, purchased and transferred is Part 1 on Plan 13R2980. The surveyor has advised that the lands are 587 square metres in size. Based on the surveyor’s measurements and the current practice of the Township, the lands would have a purchase price of $2.41 per square foot. The purchase price total would be $15,227.39 plus HST of $1,979.56 for a total of $17,206.95. The portion of unopened road allowance consists of mostly wetlands and shoreline with trees and natural vegetation. There is also a dock on the lands as shown on R-Plan 13R22980 and in the areal photograph attached to this report as Exhibit C. The benefitting lands are developed with a single detached home, a driveway, some landscaping, a walking path to the water and a dock. A large portion of the property is naturally vegetated. It was recently brought to the applicant’s attention, after nearly 25 years of ownership, that they do not own a portion of their waterfrontage and specifically the portion over which their dock has been built. Frontenac Maps does not show the unopened road allowance extended out in front of 3945 or 3941 Middle Woodland Drive. Similarly, the general plan for Rockwood Subdivision does not show the unopened road allowance running over part of the lands in front of these two lots. It is the applicants wish to purchase the small portion of unopened road allowance to ensure their use of their lands as a walkway and dock is not encroaching on Township property. There are no future development plans for the area. It is position of staff that the lands have always been used as part of lot 9. The application will be circulated to the Cataraqui Conservation and Public Services if Council is amenable to moving forward to the public meeting stage. As the applicants already have a survey prepared and deposited with the Land Registry Office for the parcel of unopened road allowance, staff suggest that pending comments received through the notice process, that the by-law to stop up, close and transfer the lands be scheduled on the same Council agenda as the public meeting. Financial Implications The applicants have paid the application fee and a deposit for legal costs incurred. The survey costs are borne by the applicant. Relationship to Strategic Plan ☒ Not applicable to this report. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-034
Page 64 of 118
☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillar: Choose an item. Action Item (If Applicable): Insert Text
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation Notice will take occur in accordance with By-law 2016-73. Attachments Exhibit A – Location Map. Exhibit B – R-Plan 13R22980. Exhibit C – Aerial photograph from Frontenac Maps. Approvals Prepared By: Michelle Hannah, Deputy Clerk Submitted By:
James Thompson, Clerk Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 65 of 118
PLAN 13R-22980 Received and deposited September 14th, 2023 Lucy Wang Representative for the Land Registrar for the Land Titles Division of Frontenac (No.13)
Page 66 of 118
Page 67 of 118
Page 68 of 118
To:
Council
From:
Director, Public Services
Date of Meeting:
March 19th, 2024
Subject:
2024 Frontenac Farmers Market Special Events & Initiatives
Report Number:
2024-054
Summary This report recommends that Council designate the Frontenac Farmers Markets 2024 special events as municipally significant in support of their AGCO special occasion permit (SOP) application. This report also recommends that Council approve the sale and consumption of alcohol through the Kick & Push Brewery Catering Endorsement licence at the Frontenac Farmers Markets for a total of eight additional ‘pop-up’ style special events throughout the market operating season. Finally, this report is intended to inform Council of the Farmers Market’s intentions to host vendors that sell locally made craft beer throughout the season under the manufacturers Temporary Extension Endorsement. Recommendation That Council designate the Frontenac Farmers Market event dates listed in Exhibit A of Report 2024-054 hosted in Centennial Park, Harrowsmith from 3:00pm – 7:00pm as Municipally Significant as required by the Alcohol & Gaming Commission of Ontario (AGCO) for a Special Occasion Permit for the sale and service of alcohol at the events; and That Council approve the sale and service of alcohol through the Kick & Push Brewery Catering Endorsement licence at the Frontenac Farmers Market on the dates listed in Exhibit A from 3:00pm to 7:00pm as per By-law 2003-90; and That Council approvals be contingent on receiving approval from the Alcohol & Gaming Commission of Ontario (AGCO). Background The Frontenac Farmers Market is gearing up for their 2024 season which will once again take place at Centennial Park under the Grand Pavillion. The season is scheduled to start on May 17th and will wrap up on October 25th. The market will run weekly on Friday afternoons from 3:00 pm – 7:00 pm. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report - Error! No text of specified style in document.
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The Frontenac Farmers Market hosted several successful AGCO-licenced events in 2023. As such, organizers are working to plan several licenced special events featuring beer gardens for the 2024 season under two different formats – A Special Occasion Permit and a Catering Endorsement. As these events will have both the sale and service of alcohol, they will require Councils approval as per bylaw 2003-90. AGCO special event permits require a municipally significant event designation through Council, but the events using the Catering Endorsement do not. Throughout the entire market season, eligible vendors selling craft beer will be permitted to sell their products at the market through a Temporary Extension Endorsement. Of note, the sale of Ontario-made alcohol at farmers market’s does not need formal approval from the municipality under the current provincial framework, but the municipality can choose to not allow it or to further limit the hours of sale when the farmers market is located on municipal property. Discussion/Analysis Relevant AGCO Rules and Regulations A Special Occasion Permit allows for the sale and service of liquor on special occasions and is required by law anytime liquor is offered for sale and service anywhere other than in a liquor licenced establishment, except when a caterers or temporary extension endorsement is permitted. An SOP is intended for one-off, special events and can feature vendors that hold their Smart Serve Certification but are not manufacturers. A Caterer’s Endorsement allows breweries that hold a By-the-Glass Endorsement to sell and serve their products at catered events at locations away from the manufacturer’s licensed premises. The sale and service of liquor under a Caterer’s Endorsement must be primarily aimed at promoting the licensee’s product and either providing an enhanced tourist experience or fulfilling an educational purpose. A Caterer’s Endorsement is limited to 10 days per event, but the days can be non-consecutive. Breweries must apply for a caterer’s endorsement though the AGCO and provide the AGCO Registrar with the location and times of the events. A Temporary Extension Endorsement allows licensed manufacturers to sell their eligible 100% Ontario wine, spirits or beer as a temporary extension of their retail store within a farmers’ market. The manufacturers must apply for a temporary extension through the AGCO and provide the AGCO Registrar with advance notice of the location and dates of the sale of liquor at farmers markets. Intent of the Farmers Market’s Special Events The special events and pop-up events will aim to promote the market as a destination for residents and visitors of South Frontenac. The goal of the beer garden is to create an atmosphere for networking and community connection, encouraging market attendees to stay for a longer period and engage with the vendors and activities, thereby increasing attendee spending and bolstering the economic benefits of the market. The events will also feature additional added-value elements such as face painting, fire pits, food vendors, live music, yard games, and more. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Organizers are working towards contracting local and regional based craft beer businesses to join the events, giving first right of refusal to Frontenac based businesses. The events will be an important cultural and economic development endeavor as it supports the hyperlocal food supply system and other small businesses. The special events that will secure a SOP will be larger in scale and hosts vendors that do not necessarily have a catering or temporary extension endorsement. These events coincide with special themes and larger events: • • • •
May 17th – The Market Opening Event August 30th – Open Farm Days Event September 13th – Open Farm Days Event September 27th – Open Farm Days Event
The pop-up style events that will use the Caterer’s Endorsement will feature Kick & Push Brewery. The Kick & Push Brewery is a regular market vendor and hold the By-the-Glass Endorsement needed for a Catering Endorsement. These smaller-scale events will also coincide with special themes, long weekends, and/or fundraisers: • • • • • • • •
May 31st – Pickleball Tournament June 21st – Summer Solstice Party June 28th – Long Weekend Kickoff Party July 19th – Dog Days of Summer August 2nd – Long Weekend Kickoff October 4th – Oktoberfest October 18th – Pickleball Tournament October 25th – Season End Celebration
Risk Mitigation The Frontenac Farmers Market has indicated the following measures to mitigate potential risks for the beer garden: • • •
At least one designated security person on shift during the event. A menu of local, craft beer will be served. No hard liquor will be permitted. No outside alcohol will be permitted on-site.
As a part of the AGCO SOP permitting process, the event host must notify all local emergency services of the event. They must also have security (paid or volunteer) at the event to mitigate risks associated with alcohol consumption. All vendors serving alcohol must have their Ontario Smart Serve License and follow the provincial and federal regulations. All other conditions set by the AGCO will also be followed by the event host and vendors. Financial Implications None.
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Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative adheres to the following guiding principle of the 2023-2026 Strategic Plan and Recreation, Parks, and Leisure Master Plan. • •
RPLMP PE.3 – Where possible, develop new and move existing programs and events outdoors, in all seasons. Strategic Plan Pillars: People and Partnerships
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation Frontenac Farmers Market Attachments Exhibit A – Frontenac Farmers Market Special Event Dates Approvals Prepared By: Amanda Pantrey, Recreation and Events Coordinator Submitted By:
Kyle Bolton, Director of Public Services Approved By:
Louise Fragnito, Chief Administrative Officer
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Public Services Department 2490 Keeley Road, Box 100 Sydenham ON, K0H 2T0 613-376-3027 Ext 4331 recsupport@southfrontenac.net
Recreation & Leisure Services Exhibit A - 2024 Frontenac Farmers Market Special Events (Revised March 18, 2024) Events Requiring Municipally Significant Event Designation for Special Occasion Permit Application • • • •
May 10th, 2024 from 3:00pm to 7:00pm August 30th, 2024 from 3:00pm to 7:00pm September 13th, 2024 from 3:00pm to 7:00pm September 27th, 2024 from 3:00pm to 7:00pm
Events Requiring Exemption to Bylaw 2003-90 to Permit Use of Catering Endorsement License for The Sale of Alcohol • • • • • • • • •
May 31st, 2024 from 3:00pm to 7:00pm Jule 14th, 2024 from 3:00pm to 7:00pm June 21st, 2024 from 3:00pm to 7:00pm June 28th, 2024 from 3:00pm to 7:00pm July 19th, 2024 from 3:00pm to 7:00pm August 2nd, 2024 from 3:00pm to 7:00pm October 4th, 2024 from 3:00pm to 7:00pm October 18th, 2024 from 3:00pm to 7:00pm October 25th, 2024 from 3:00pm to 7:00pm
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive Rural Leader.
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To:
Recreation & Leisure Services Advisory Committee
From:
Director, Public Services
Date of Meeting:
Thursday, February 29, 2024
Subject:
June is Recreation & Parks Month
Report Number:
2024-001
Summary June is Recreation and Park Month (JRPM) is a movement that promotes the benefits of recreation and parks for physical, social, and environmental health. Communities across Ontario have embraced JRPM as a way to promote local programs and events, parks and facilities that are available for all citizens to enjoy (Parks and Recreation Ontario). South Frontenac will be planning a ‘celebratory competition’ with our regional parks and recreation partners as a part of JRPM. Recommendation This Report is for information purposes only. Background Access to parks and recreation is a fundamental human need that helps foster personal health, strong communities, and social inclusion. JRPM celebrates Ontario’s spectacular parks and recreation services and raises awareness for the role they play as a pathway to individual, community, and environmental well-being (Parks and Recreation Ontario). South Frontenac Township has been working with a regional industry resource group, South Eastern Ontario Parks and Recreation Association (SEOPRA), for collaborative ideas to celebrate JRPM. Discussion/Analysis SEOPRA is organizing a regional disk golf celebratory competition between the municipal elected officials taking place throughout the month of June. South Frontenac’s event will coincide with the June Music in the Park event taking place on June 22nd, 2024, from 1:00 pm – 3:00 pm at McMullen Beach in Verona. More details will be communicated in the Q2 Recreation & Leisure Services Advisory Committee meeting on May 23rd. In addition to the disk golf tournament, staff are also considering requesting that Council make a municipal proclamation and designation for JRPM. There will also be a community
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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education/ social media campaign highlighting and celebrating South Frontenac’s parks and green spaces inventory throughout the month of June. Financial Implications None. Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following guiding principles of the 2023-2026 Strategic Plan.
Priority: Community
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation None. Attachments None. Approvals Prepared By: Amanda Pantrey, Recreation & Events Coordinator Submitted By:
Tim Laprade, Manager of Recreation & Facilities Approved By:
Kyle Bolton, Director of Public Services
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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To:
Council
From:
Office of the Clerk
Date of Meeting:
March 19, 2024
Subject:
Dedication and Assumption of 0.3 metre reserve, Eel Bay Road, Plan 1540.
Report Number:
2024-043
Summary Staff has discovered that a portion of 0.3 metre reserve lying along the southerly side of Eel Bay Road (formerly Long Street), Plan of Subdivision 1540, was not dedicated or assumed as a municipal highway in accordance with the Municipal Act. The Planning Department has received inquiries regarding development along this portion of Eel Bay Road, and it is a requirement of the lands to have road frontage to facilitate development. The 0.3 metre reserve separates Lot 10 and 11, Concession 8 from Eel Bay Road. Recommendation That By-law 2024-23 being a By-law to dedicate and assume as a part of a highway for public use in accordance with the Municipal Act, 2001, be given first and second reading; and That By-law 2024-23 be given third reading, signed and sealed. Background Section 25 and 26 of the Municipal Act, 2001 sets out what constitutes a highway. Plan of subdivision 1540 was registered in 1968. All new development within the Township must have frontage on a public road. Discussion/Analysis The Green Subdivision located along Eel Bay Road, District of Loughborough was created in 1967 by Ministry Approval, and subsequently Plan 1540 was registered on title. As a condition of the subdivision approval, the Ministry required that “any dead ends and open sides of road allowances created by the plan of subdivision to terminate in one-foot reserves to be conveyed to the Township of Loughborough and held by the municipality until required for future production of such road allowances or the future development of adjacent land.” In 1989, a 0.3 metre (one-foot) reserve was transferred to the Corporation of www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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the Township of Loughborough, however, a by-law was not registered on title to dedicate and assume the 0.3 metre (one-foot) reserve as part of the highway. Development Services staff have received inquiries with respect to the development of Eel Bay Road and have also recognized that development has historically been approved in this area in the absence of the dedication and assumption. Staff recommend that Council approve the by-law related to the 0.3 metre reserve separating Lot 10 and 11, Concession 8 from Eel Bay Road which will allow the Township to dedicate and assume the land in question as a part of a highway for public use in accordance with the Municipal Act, 2001 to resolve a historical oversight and permit future development of said lands. Financial Implications Costs of registration of the by-law on title to the lands will be at Township’s expense. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Choose an item. Action Item (If Applicable): Insert Text
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation • • •
Planning Staff Public Service Staff Municipal Lawyer
Attachments Exhibit A – By-law 2024-23 Approvals Prepared By: Michelle Hannah, Deputy Clerk
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-043
Submitted By:
James Thompson, Clerk Approved By:
Louise Fragnito, Chief Administrative Officer
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Page 78 of 118 Township of South Frontenac By-Law Number 2024-23 Page 1 of 1 By-Law Number 2024-23 A By-Law to assume part of a highway for public use, Eel Bay Road, Plan 1540 Whereas the Municipal Act, 2001, Section 26 sets out what constitutes a highway; and Whereas the Council of the Corporation of the Township of South Frontenac deems it appropriate to incorporate the 0.3 metre reserve as part of the municipal highway known as Eel Bay Road; and one Foot Reserve, Plan 1540 Lying Along the Southerly Side of Lone Street, Plan 1540; Loughborough; Therefore, Be It Resolved That the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- That the One Foot Reserve, Plan 1540 Lying Along the Southerly Side of Long Street, Plan 1540 shall be assumed as a municipal highway for public use to be adjoined with and named Eel Bay Road;
- That this By-law shall be registered in the proper Land Registry Office; and
- That this By-law shall come into force and take effect on the date of its passage. Given First and Second Readings: Tuesday, March 19, 2024 Given Third Reading and Passed: Tuesday, March 19, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
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Page 80 of 118 Township of South Frontenac By-Law Number 2024-24 Page 1 of 2 By-Law Number 2024-24 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LANDS FROM WATERFRONT RESIDENTIAL (RW) TO RURAL (RU) ON LANDS CIVICALLY ADDRESSED AS 2124 CHARLIE GREEN ROAD, PART 1 ON PLAN 13R15501, PART LOT 11, CONCESSION 8, MICA LAKE, DISTRICT OF LOUGHBOROUGH Whereas pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the council of a Municipality may enact by-laws regulating the use of land and the erection, location and used of buildings and structures thereon; Whereas By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; Whereas the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; And that there be no further notice pursuant to Section 34 (17) of the Planning Act; Therefore be It Resolved That the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- That Schedule “B” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing zoning from Waterfront Residential (RW) to Rural (RU) for the lands shown on Schedule “1”.
- This By-law shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, and take effect either upon the date of passage or as otherwise provided by said Section 34. Given First and Second Readings: Tuesday, March 19, 2024 Given Third Reading and Passed: Tuesday, March 19, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 81 of 118 Township of South Frontenac By-Law Number 2024-24 Page 2 of 2 Schedule 1 of By-law 2024-24
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To:
Council
From:
Director, Development Services
Date of Meeting:
March 19, 2024
Subject:
Zoning By-law Amendment Application PL-ZBA-2023-0134, Harmsen Construction Inc. (The Boulevard Group), Rutledge Road, 102904001010120
Report Number:
2024-049
Summary This report recommends that Council pass a by-law to change the zone of the property on Rutledge Road with roll number 102904001010120. If approved, the zone on the property would be changed from Urban Residential – First Density (UR1) to Urban Multiple Residential Special Provision (UMR-4). The UMR-4 zone would permit a multiple unit dwelling consisting of six units on an existing undersized lot. It would also require a maximum building height of 12 metres, and a minimum of 1.5 off-street parking spaces per unit. Recommendation That By-law 2024-25 being a By-law to amend the zoning on lands described as Part Block I, Plan 50, Part 2, Reference Plan 13R3750, Part Lot 4, Concession 4, District of Loughborough, Township of South Frontenac, be given first and second reading; and That By-law 2024-25 be given third reading, signed and sealed. Background The subject property is located in the Sydenham Settlement Area. It is on Rutledge Road south of Wheatley Street, across from Sydenham High School and Loughborough Public School. There is a combination of institutional, residential and commercial uses on along Rutledge Road. The property is approximately 3600 square metres in size and has 34 metres of frontage on Rutledge Road. It has deeded access over the driveway that abuts its western and southern property lines. The land rises from the road toward the south end of the property. The purpose of the application is to change the zone on the property from Urban Residential – First Density (UR1) to an Urban Multiple Residential Special Provision zone (UMR-4). The effect would be to permit a six-unit apartment building on the property with a www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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maximum building height of 12 metres and require a minimum of 1.5 off-street parking spaces per unit. The property is not subject to any other applications under the Planning Act. Application and Supporting Documents
The application and supporting documents can be accessed through the Township’s CivicWeb Document Center, https://southfrontenac.civicweb.net/filepro/documents/90083/ A planning justification report, site servicing brief and conceptual site plan were submitted in support of the application. Planning Justification Report A Planning Justification Report (The Boulevard Group, November 2023) was submitted in support of the application. The report assessed the appropriateness of the proposed zoning by-law amendment in the context of the surrounding area as well as its conformity with the applicable policy and regulatory framework. The report includes conceptual building elevation drawings. Site Servicing Brief A Site Servicing Brief (Groundwork Engineering Ltd., November 10, 2023) was submitted in support of the application. The report indicated that the proposed building will be connected to the municipal water system as there is a watermain in front of the property. The report demonstrated that the property has sufficient area and conditions for the required on-site sewage system. It also included a Grading Plan and Servicing Plan. Conceptual Site Plan A Conceptual Site Plan (The Boulevard Group, November 19, 2023) was submitted to demonstrate how the property would be developed, including building, sewage system, driveway, and parking locations. Department and Agency Comments
Public Services had no concerns with the proposal from a traffic and serviceability perspective. They noted that there may be significant off-site costs to the applicant for matters such as retrofitting the access lane and upgrading the water service. Any preexisting wells on the property will need to be decommissioned. The water service for 2851 Rutledge Road runs across the subject property, as does a portion of the driveway. This will need to be addressed. Public Services identified that development controls will need to be in place to ensure that stormwater will be managed on the property (e.g. holding symbol on the zone).
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Building Services indicated that the property is suitable for the installation of a sewage system, as identified on the Conceptual Site Plan and Site Servicing Brief. Public Comments
Council held a public meeting under the Planning Act on February 6, 2024. Oral and/or written comments were received from eleven members of the public. Council also spoke to the application. The meeting recording can be accessed through the Township’s Facebook page, https://www.facebook.com/SouthFrontenacTwp/videos/council-meeting/389291780377294 Written comments can be accessed through the Township’s CivicWeb Document Center, https://southfrontenac.civicweb.net/filepro/documents/90083/ The following is a high level summary of the comments received.
- Some individuals were supportive of the application, while many others were not. Most raised common concerns, particularly related to traffic and parking.
- The application is thought to not align with the Official Plan goals.
- Some individuals do not believe that there is a housing crisis in the Township, while others acknowledged that different types of housing are needed but that more thought needs to go into where it is located. The development would alter the character of the low-density single family residential area.
- There were questions raised about what affordable housing was, and whether this development would provide affordable housing.
- A traffic study should be conducted to assess the potential impact of increased traffic from the proposed development on traffic flow and safety at the Rutledge Road and Wheatley Street intersection.
- The developer should be required to upgrade the shared right-of-way, and there needs to be thought to who will maintain the right-of-way and liability.
- Sufficient parking needs to be provided so that tenants and visitors are not parking on the driveway or on the road, nor in the school parking lots.
- Access to private property cannot be blocked during construction.
- Adequate stormwater management should be provided to deal with drainage.
- Concerns were raised about potential trespassing on neighbouring properties.
- There will be exhaust, noise and light pollution. Garbage will attract rodents and predators. Neighbouring properties will lose privacy, particularly given all the trees would be removed from the property, the building would exceed the maximum height allowed, and there would be six families instead of one.
- It is thought that the development will negatively impact neighbouring property values.
- The Township needs to make sure that enough land is maintained to eventually extend Wheatley Street over the right-of-way.
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- One individual suggested that there is a shortage of rental options in the Township, and this would be a good development that would value to the village (e.g. schools, parks, clubs). Discussion/Planning Analysis The proposed zoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. Settlement Areas and Housing Options The Provincial Policy Statement 2020 (PPS) intends that healthy, liveable and safe communities are sustained by promoting efficient development and land use patterns, and by accommodating an appropriate affordable and market-based range and mix of residential types, employment, institutional, recreation, park and open space and other uses to meet long-term needs (Section 1.1.1). The PPS indicates that this is applicable not only the urban areas, but to rural areas as well, where rural settlement areas are to be the focus of growth and development and their vitality and regeneration promoted (Section 1.1.4). The County of Frontenac Official Plan allocates 70% of the projected growth of permanent population in the County to the Township because of the employment opportunities available in the neighbouring City of Kingston (Section 3.1(a)). The County Official Plan also directs the Township Official Plan to, where feasible, promote mixed use development in settlement areas including residential, commercial, institutional, parks, and employment areas (Section 3.2.2.1). Housing options refers to a range of housing types beyond single detached houses, including semi-detached houses, townhouses, additional dwelling units and multi-residential buildings. The PPS requires the Township to provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market area by permitting and facilitating all housing options required to meet the social, health, economic and well-being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities. The PPS also requires provision of all types of residential intensification, including additional residential units, and redevelopment (Section 1.4.3). New housing should be directed to locations where there are appropriate levels of infrastructure and public service facilities. The County of Frontenac is committed to providing a variety of housing types and social services to allow residents to enjoy a good quality of life. The County Official Plan promotes increasing housing stock, with a focus on providing more affordable housing for people to find housing within their budget, and seniors housing for those who wish to www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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remain in their community (Section 5.2 and 5.3). The Township is to enable a wide range of housing types to meet the projected demographic and market requirements of existing and future residents of the County, and to promote intensification in settlement areas where appropriate (Section 5.2.2). The Township is working on a new Official Plan. Through the public consultation process, the Township heard that there is a local need for different housing options besides single detached houses. More than 95% of the housing in the Township are single detached houses on large lots. Other types of housing such as apartments are needed so that residents can stay in the community. Examples of residents who need different types of housing include seniors and people with disabilities who can no longer care independently for their homes and properties, people who don’t want the responsibility of home and property maintenance, young people who no longer live with their parents, divorcees and single parents who want to provide stability to their children by keeping them in their school. Staff have also heard from people who own and manage rental properties in the Township that there are no vacancies. The Township’s current Official Plan indicates that it is Council’s intention that a majority of new growth in the municipality be directed to settlement areas where it can be supported by appropriate servicing (Section 5.6). A full range and mix of housing types and densities is to be promoted in the settlement areas. This is intended to achieve the housing goal of the Official Plan to encourage residential development which is affordable, of high quality and capable of meeting the changing and diverse needs of the rural community. Multiple Unit Dwellings The Official Plan permits residential land uses that are different from single detached houses on a site-specific basis through a zoning by-law amendment when Council is satisfied that the nature and scale of the proposed use is appropriate (Section 5.6). This means that there are no vacant properties in Sydenham that are “pre-zoned” for anything other than single detached houses. All existing properties in Sydenham that are in the Urban Multiple Residential (UMR) zone either pre-dated the current Official Plan or went through an application for zoning by-law amendment. Section 5.6.1 of the Official Plan specifies the development criteria for multiple unit dwellings. The criteria and how the proposal meets them are outlined below. a) Multiple unit dwellings shall be located so as to minimize their impact on adjacent lower density residential uses. Generally, multiple unit dwellings should be located on major roads or have access to major roads without the necessity of passing through areas of lower residential density. In considering development applications, Council shall ensure that the proposed multiple unit dwelling will not create a traffic hazard and that its impact on low density residential areas will be minimal. The subject property is located on Rutledge Road, which is a major road through Sydenham. A mix of uses front onto Rutledge Road including commercial, www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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institutional, residential and agricultural uses. The subject property is on the edge of a cluster of five residential properties that contain single detached houses and duplexes. The residential properties are in either a UR1, UR2 or UMR zone. All of these zones allow a maximum 30% lot coverage and a maximum 11 metre building height. The proposed building would have a 2800 square foot footprint. This footprint area would be similar to many of the newer homes constructed in the Sydenham area, such as those on Morgan Drive. The proposed building would result in 6.8% lot coverage, which is similar to the lot coverage on nearby residential properties (the range is 3% to 10%), and significantly less than the 30% permitted. The proposed building would have a reverse walkout layout, where there would be three storeys on the front of the building and two storeys on the rear of the building. The conceptual architectural drawings illustrate that the building would be 11.4 metres (37.25 feet) tall at its tallest point. The Zoning By-law definition of building height takes the vertical distances between the average established grade and the highest point of the building. Since the proposed building would be set into a hill, the actual building height is anticipated to be compliant with the maximum 11 metres permitted in the UMR zone. However, the applicant has requested an increase in the maximum permitted building height to 12 metres to allow for some minor flexibility in the overall build at time of construction and assurance that everyone’s interpretation of the building height is consistent. The houses at 2837 and 2851 Rutledge Road are located on a hill higher than the subject property. At 2837 Rutledge Road, the grade around the house is approximately 155 metres according to the elevation data on Frontenac Maps. The house itself is estimated to be approximately 8 metres (27 feet) tall, such that the peak of the roof would have an elevation of 163 metres. At 2851 Rutledge Road, the grade around the house is approximately 159 metres according to the elevation date on Frontenac Maps. The Grading Plan (Groundwork Engineering Ltd., November 10, 2023) indicates that the basement floor of the proposed building would be set at an elevation of 153.2 metres such that the peak of the roof would have an elevation of 164.4 metres. This means that the proposed building should not tower over the house at 2837 Rutledge Road, and that its roofline would be at a similar height as the house at 2851 Rutledge Road. It is the opinion of staff that the proposed six unit apartment building would be appropriately located on the edge of a cluster of lower density residential uses. The building design, in terms of footprint and height, would minimize the visual impact on the adjacent residential uses. In terms of traffic impact, the Township reserves the right through the Official Plan to request a traffic impact study for new planning applications, however the proposed www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-049
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scale and land uses are considered when evaluating if a report is necessary. A traffic impact study is generally focused on reviewing the impact of traffic changes proposed by new development on the adjacent public road network. These studies look at the location of new access points, peak traffic generation, storage lane requirements, and in some cases warrants for traffic signalization. Where appropriate, a development may be required to provide road network modifications to support capacity and/or safety. The proposed building on Rutledge Road takes access from a pre-existing entrance that has good sight lines within the current 40km/hr zone. The peak trip generation rates for this scale and type of development would otherwise be extremely low. The proposal would therefore have very minor impact during the peak hour operations of the adjacent roadway. A traffic impact study was therefore not requested by staff. The public raised concerns about existing traffic issues at the Rutledge Road and Wheatley Street intersection. These issues will be addressed separately from the subject application. Township staff met with the Limestone District School Board on February 22nd to discuss traffic conditions specifically during the school pick-up and drop-off periods. The Township has committed to develop an action plan for follow up once the Limestone District School Board provides additional details regarding parking, bussing details and specific areas of concern. The subject property has legal deeded access over the driveway of 2851 Rutledge Road. The former Loughborough Township required this right-of-way to be created to provide legal access to the subject property when the lot was created in the 1970s. The intent was for the subject property and 2851 Rutledge Road to have a common entrance off the Rutledge Road until such time that Wheatley Street would be extended south of Rutledge Road past the lots to open more land for development. The right-of-way is 10 metres wide, because it was intended to contribute to half of a future road allowance. The right-of-way land is not owned by the Township, and it is not a public street. If the Township ever decides to extend Wheatley Street south of Rutledge Road, the Township will need to acquire land that the right-of-way is on, as well as a 10-metre wide strip of land from the school parking lot property and from the farm property to the west. The applicant has provided staff with an acknowledgement letter signed by himself and the owner of the right-of-way. The letter outlines their respective responsibilities for the upgrade and maintenance of the right-of-way following development of the subject property. Of note, the applicant agrees to upgrade and maintain, at his expense, the right-of-way to the location of the ingress/egress to the proposed development, and also to maintain liability insurance for that section. Public concerns were raised about sightlines for a future extension of Wheatley Street. The Zoning By-law includes a provision for sight triangles. Within the sight www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-049
Page 89 of 118
triangle, no building or structure which would obstruct the vision of drivers of motor vehicles shall be erected and no trees, shrubs, hedges, fences or walls shall be planted, erected or maintained of greater height than 1 metre above the centre line of the adjacent road at the lowest point. The Grading Plan demonstrates that the highest point of the proposed sewage system would be approximately one metre above the existing grade, and that proposed grades would match existing grades along the property lines, thus satisfying the sight triangle requirements. b) Adequate off-street parking shall be provided. Access points to parking areas shall be designed in a manner that provides for the adequate and safe movement of vehicular and pedestrian traffic. The Zoning By-law requires a minimum of two off-street parking spaces for each dwelling unit on a property. Where it is not possible to provide the required number of parking spaces on a property, the spaces may be permitted on a lot within 60 metres of the property. Twelve parking spaces are required for the six proposed dwelling units. The applicant requested that the minimum number of spaces be reduced on the property to a minimum of 1.5 off-street parking spaces. They are proposing a minimum of ten parking spaces to the rear of the building (one per dwelling unit and four visitor parking spaces). It is their opinion that ten parking spaces is adequate for the development given the proximity of the property to nearby commercial, institutional and open space amenities. They also seek to reduce the amount of space dedicated to vehicles on site and reduce the amount of impervious surface area on the property. Staff are of the opinion that it is justifiable to reduce the required number of off-street parking spaces for this proposal as the subject property is within walking distance of many urban amenities including two schools, a public library, a park and a grocery store. The property is large enough to accommodate additional parking spaces if required for tenants in the future. The property will be accessed over a right-of-way that will be upgraded and maintained to provide for the adequate and safe movement of vehicular and pedestrian traffic. c) Adequate buffering shall be provided between the proposed use and adjacent uses, particularly adjacent single detached residential uses. Such buffering may include the provision of grass strips, screening and the planting of trees and shrubs and the location of a berm or fence. The building is proposed to be located in the middle of the property approximately 40 metres from the front lot line in order to provide sufficient area for the required sewage system to the front, and the required parking to the rear. The building will www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-049
Page 90 of 118
meet or exceed the minimum front yard, rear yard, and side yard setbacks required in the UMR zone. The Conceptual Site Plan shows the front of the building oriented parallel to the road. The conceptual floor plan drawings show that the living areas of each unit (e.g. kitchen, dining area and living room) will be at the front building oriented towards the road. The bedrooms will be at the rear of the building. This design should provide privacy for the tenants and for the occupants of the adjacent homes. The Zoning By-law’s off-street parking provisions (section 5.30.2.16 and 5.30.2.17) require the parking area to be at least 3 metres from the boundary of any Residential Zone, and that this strip be maintained in an open space condition. The Conceptual Site Plan shows a parking area more than 3 metres from the eastern property line. The provisions also require the erection and maintenance of a wooded fence at least 1.5 metres in height where parking abuts a residential Zone. The Grading Plan shows that the parking area would be at a lower elevation than the eastern property line due to the slope, and that there would be a retaining wall at least 1.5 metres high. The change in grade and the retaining wall would meet the intent of the fence provision. d) The servicing of new multiple unit residential development shall be permitted to occur on private water supply and sanitary sewage disposal systems subject to the approval of the appropriate authority, insofar as it relates, among other things, to the types of systems to be utilized and minimum lot size. A hydrogeological study shall be required where development is proposed on private services. Notwithstanding the results of the hydrogeological study, the minimum lot size for a multiple unit dwelling shall not be less than .8 hectares (2 acres). Where serviced by full municipal communal water and/or sanitary sewage disposal systems, consideration may be given to a higher residential density subject to the approval of the appropriate authority and Council. Council will not consider development on private communal sewer and/or water systems. The Official Plan and Zoning By-law require a minimum 0.8 hectare lot size for multiple unit residential development. This is the standard for most other uses, including single detached houses, in the Township. This lot size assumes that development will be serviced by a private well and sewage system, which was the only option before the municipal water system was installed in Sydenham. The large lot size ensures that the minimum separation distances required between wells and sewage systems can be achieved. The Official Plan allows Council to consider a higher residential density (i.e. development on smaller lots) where a property is serviced by a municipal water system. A hydrogeological study is not required when a property is serviced by a municipal water system. The proposed development would be on an undersized lot of record that would be connected to the municipal water system. The building is proposed to be serviced by a gravity-fed Ecoflo septic system. This type of system is different from a www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-049
Page 91 of 118
traditional septic system because it provides secondary treatment before effluent is discharged to the environment. The Grading Plan shows that the sewage system would be at a lower elevation than the property to the east, and so should not impact the functioning of the existing sewage system on that property since water travels downhill. Building Services was satisfied that the property contains a suitable location for a sewage system, and would review the details of the proposed system at the permit stage. Other Policy Considerations An environmental impact assessment was not required in support of the application because there are no natural heritage features on or adjacent to the subject property that warranted study. There is a livestock barn to the west of the subject property. Minimum Distance Separation (MDS I) setbacks are not applied to proposed development within Settlement Area boundaries, as it is generally understood that the long-term use of the land is intended to be for non-agricultural purposes. Surface runoff from the subject property, and the proposed driveway and parking lot in particular, drains to the Township storm sewer system on Rutledge Road. The existing catchbasin is within Sydenham Intake Protection Zone 2, however, the property itself is outside the IPZ. Although the proposed development is not restricted by the Cataraqui Source Protection Plan, stormwater management is critical in the area of the subject property. Therefore, increased runoff needs to be managed on-site. The Grading Plan that was submitted addresses part of the requirement. The proposed by-law would place a holding symbol on the property. The holding symbol could only be removed to permit development after stormwater management report and plan are prepared to the satisfaction of the Township, and an implementing Development Agreement is entered into between the Owner and the Township and is registered on the title of the property. This would provide the Township with the control required to ensure that stormwater management is adequately implemented on-site. Conclusion It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject property. Financial Implications Not applicable. Relationship to Strategic Plan ☒ Not applicable to this report. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-049
Page 92 of 118
☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Choose an item. Action Item (If Applicable): Insert Text
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation Council held a public meeting under the Planning Act on February 6, 2024. Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. Attachments Exhibit A – By-law 2024-XX Approvals Prepared By: Christine Woods, RPP, MCIP, Senior Planner Submitted By:
Brad Wright, Director of Development Services Approved By:
Lousie Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 93 of 118 Township of South Frontenac By-Law Number 2024-25 Page 1 of 3 By-Law Number 2024-25 A By-Law to amend By-law 2003-75, as amended, to rezone land from Urban Residential – First Density (UR1) to Urban Multiple Residential – Special Provision (UMR-4-H) on lands described as Part Block I, Plan 50, Part 2, Reference Plan 13R3750, Part Lot 4, Concession 4, District of Loughborough Whereas pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; and Whereas By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; and Whereas the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; and Whereas there be no further notice pursuant to Section 34 (17) of the Planning Act; Therefore be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- That Schedule “F” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Urban Residential – First Density (UR1) to Urban Multiple Residential – Special Provision (UMR-4-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 UMR-4 (Part Block I, Plan 50, Part 2, Reference Plan 13R3750, Part Lot 4, Concession 4, District of Loughborough) immediately after the last Urban Multiple Residential – Special Provision section to read as follows: UMR-4-H (Part Block I, Plan 50, Part 2, Reference Plan 13R3750, Part Lot 4, Concession 4, District of Loughborough) Notwithstanding the provisions of Section 16 or any other provision of this By-law to the contrary, the lands zoned Special Urban Multiple Residential (UMR-4) shall be used in accordance with the following: o Zone Provisions o Lot Area (Minimum) 3600 sq. metres (38,750 sq. ft.) o Lot Frontage (Minimum) 34 Metres (111.5 ft) o Number of Dwelling Units (Maximum) 6 o Building Height (Maximum) 12 Metres (39.4 ft) o Off-street Parking Spaces (Minimum) 1.5 per dwelling unit o The entrances and exits to the parking spaces may pass through a zone other than the UMR-4 zone. All other provisions of this by-law shall apply.
Page 94 of 118 Township of South Frontenac By-Law Number 2024-25 Page 2 of 3 Removal of the Holding (H) Symbol The Holding (H) Symbol shall be removed by by-law to permit development only after a stormwater management report and plan are prepared to the satisfaction of the Township, and when an implementing Development Agreement is entered into between the Owner and the Township and is registered on the title of the property. 3. This By-law shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Given First and Second Readings: Tuesday, March 19, 2024 Given Third Reading and Passed: Tuesday, March 19, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 95 of 118 Township of South Frontenac By-Law Number 2024-25 Page 3 of 3 Schedule 1 of By-law 2024-25
Page 96 of 118
To:
Council
From:
Director, Development Services
Date of Meeting:
March 19, 2024
Subject:
Deeming By-law Application PL-LC-2024-0021 (Hunter), Lot 4, Plan 1828
Report Number:
2024-050
Summary This report recommends that Council pass a by-law to deem Lot 4 on Plan 1828, District of Bedford, not to be a lot in a plan of subdivision for the purpose of applying 50(3) of the Planning Act. Recommendation That By-law 2024-26 deem the property described as Lot 4, Plan 1828, District of Bedford, Township of South Frontenac as not being in a plan of subdivision, be given first and second reading; and That By-law 2024-26 be given third reading, signed and sealed. Background The subject application relates to consent application PL-BDJ-2023-0095 for a lot addition to a property on Kelly Lane. Attachment 1 is a location map. This application took land from Lot 4 on Plan 1828 and added it to a property civically addressed as 14 Kelly Lane (PIN 36242-1271). Application PL-BDJ-2023-0095 was approved by the Director of Development Services on October 10, 2023. A condition of this approval was that a deeming by-law be passed to deem a portion of the lot to not be within a plan of subdivision. This will ensure that the existing lot and the lot addition land are able to merge and not be able to be sold separately in the future. The owner of Lot 4, Plan 1828 are requesting Council pass a deeming by-law to fulfill the condition of their consent application. Passing a deeming by-law will allow the following to take place: •
A portion of Lot 4, Plan 1828 (being parts 4 & 5 of Plan 13R19972) to be merged with all of 14 Kelly Lane (being parts 1, 2 & 3 of Plan 13R19972).
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-50
Page 97 of 118
Discussion/Analysis Under the Planning Act, whole lots in a plan of subdivision are always legally able to be sold separately. A deeming by-law must be passed by Council deeming a portion of the lot to not be in a plan of subdivision so that the lot addition can legally merge with the parcels upon registration of the consent (i.e., so they stick together). This will ensure that the lot addition cannot unintentionally become a new stand alone parcel of land. It will also ensure that the original lots and the lot addition can be described under one Parcel Identification Number (PIN) through the Land Registry Office. Financial Implications The application fees have been paid for. The cost of registration of the required documentation will be paid by the applicants. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Choose an item. Action Item (If Applicable): Insert Text
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation This application did not require notice and/or circulation. Attachments Exhibit A – Location Map Exhibit B - By-law 2024-26 Approvals Prepared By: Noah Perron, Planner
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-50
Submitted By:
Brad Wright, Director of Development Services Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 98 of 118
Page 99 of 118
Page 100 of 118 Township of South Frontenac By-Law Number 2024-26 Page 1 of 1 By-Law Number 2024-26 BEING A BY-LAW TO DEEM PART OF PLAN OF SUBDIVISION NO. 1828 NOT TO BE A REGISTERED PLAN OF SUBDIVISION: LOT 4, PLAN 1828, DISTRICT OF BEDFORFD 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. Whereas Plan of Subdivision 1828 has been registered for more than eight (8) years; and Whereas Council considers it appropriate and necessary that those parts of Plan 1828 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. Therefore be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- THAT Lot 4, Plan of Subdivision 1828, District of Bedford is hereby deemed not to be a registered plan of subdivision for purposes of the part lot control provisions of subsection 50(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. Given First and Second Readings: Tuesday, March 19, 2024 Given Third Reading and Passed: Tuesday, March 19, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
Page 101 of 118
To:
Council
From:
Director, Corporate Services & Treasurer
Date of Meeting:
Tuesday, March 19, 2024
Subject:
2023 Development Charges Reporting
Report Number:
2024-053
Summary This report provides a status update on the 2023 Development Charges Reserve. Recommendation This Report is for information only. Background Bill 73 (Smart Growth for our Communities Act, 2015) amendments to the Development Charges Act (DCA), 1997, came into force on January 1, 2016. The Ministry of Municipal Affairs and Housing (MMAH) states that the legislation aims to “help municipalities recover more costs for growth-related infrastructure and enhance transparency and accountability”. The changes include additional reporting to Council on the year-end development charges reserve. The attached 2023 Development Charges report meets all legislated reporting requirements. Discussion/Analysis The 2023 development charges reserve had an opening balance of $3,180,460.62 and closing balance of $2,135,722.73 after the transactions noted below. Development Charges revenue collected during the year were $736,697.18 (residential $734,301.02, and commercial/ industrial $2,396.16). Investment income was $247,788.29. The percentage allocation of these revenues is based on By-law 2019-48. The following projects had expenses using Development Charges Reserves: Project Development Charges 23-40 Sunbury Road $1,140,000.00 23-08 Townhall Expansion/Design $93,738.80 21-R01 Battersea Road $600,000.00 22.43 Consulting Fees – User Fee & Facility Allocation Policy $45,484.56 22-38 McMullen Courts - Verona $75,000.00 www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2023-053
22-39 Centennial Park – Multi-purpose Pad with roof Total
Page 102 of 118 $75,000.00 $2,029,223.36
Please refer to the attached chart for more information. Relationship to Strategic Plan ☐ Not applicable to this report. ☒ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. •
Pillars: Sustainable Long-Term Prosperity
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Attachments Exhibit A – Development Charges Reserve Fund Detail of Activities for 2023. Approvals Prepared By: Kyle Griese, Financial Analyst Submitted By:
Arundhati Mohile, Director of Corporate Services & Treasurer Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
SOUTH FRONTENAC TOWNSHIP DECEMBER 31 2023
Staff Report 2024-053 dated March 19, 2024
Development Charge Reserve Fund - 2023 Charges allocated per provisions of former & current by-laws Beginning Balance $
Developer Contributions Residential
Developer Contributions Commercial & Industrial
734,301.02
General Government Fire Services Recreation Engineering Services - Studies Community Based Studies Landfill Public Works-Roads, Bridges and Equipment Library Police Sub-total
Subtotal
2,396.16
$18,005.49 -$96,143.24 $297,086.93 $20,646.50 $10,026.84 $7,148.09
10.892% 10.562% 0.895% 2.334%
$0.00 $79,980.07 $77,556.87 $6,571.99 $17,138.59
2.28% 8.81%
$2,608,438.96 $90,645.19 $224,605.86 $3,180,460.62
73.068% 0.757% 1.492% 100.000%
$536,539.07 $5,558.66 $10,955.77 $734,301.02
83.55%
2023 Project Costs
Development Charges
Federal Gas Tax
$3,433,041 $93,739 $3,114,310
$1,140,000 $93,739 $600,000
5.36% 100.000%
$54.63 $211.10 $0.00
$2,002.00 $0.00 $128.43 $2,396.16
Interest
Transfers to Projects
Closing Balance $
247,788.29
$18,060.12 -$15,952.07 $374,643.80 $27,218.49 $27,165.43 $7,148.09
$1,142.43 -$1,009.08 $23,698.90 $1,721.76 $1,718.41 $452.17
$3,146,980.03 $96,203.85 $235,690.06 $3,917,157.80
$199,069.04 $6,085.58 $14,909.08 $247,788.29
-$195,484.56 -$93,738.80
-$1,740,000.00
-$2,029,223.36
$19,202.55 -$16,961.15 $202,858.14 $28,940.25 -$64,854.96 $7,600.26 $1,606,049.07 $102,289.43 $250,599.14 $2,135,722.73
Breakdown of asset(s) funded from Development Charges Project Sunbury Road (Battersea Rd to Factory Rd) Town Hall Expansion Design Battersea Road Consulting Fees - User Fee & Facility Allocation Policy McMullen Verona Court Centennial Multipurpose Facility Two Cover / Roof
Other Reserves $1,684,041
$1,115,795
Taxation $609,000
$1,398,515
$45,485
$45,485
$475,585
$75,000
$400,585
$310,947
$75,000
$235,947
Page 103 of 118
Page 104 of 118
To:
Council
From:
Director, Corporate Services & Treasurer
Date of Meeting:
Tuesday, March 19, 2024
Subject:
Investment Update to December 31, 2023
Report Number:
2024-056
Summary This Report provides a summary and update on Township Investments for 2023. Recommendation This Report is for information only. Background Legislative Requirements Ontario Regulation 373/11 requires a municipality to report to Council at least annually if it has invested in securities prescribed under the Regulation. The main requirements of the annual report are outlined below: • A statement of performance of the portfolio in the period covered in the report. • Details of the proportion of total investments held in the municipality’s own securities. • A statement by the Treasurer that investments made were consistent with the Township’s investment policy. Under the Township’s policy, we have established reporting to Council twice a year. Investment Policy The Township’s Investment Policy specifies the types of investments the Township can make to achieve the optimal utilization of cash resources while balancing the need to maintain liquidity and reduce risk. The basic objectives of the investment policy are, in order of priority, as follows: a) Security of principal; b) Liquidity requirements; c) Rate of return;
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2024-056
Page 105 of 118
Discussion/Analysis As at December 31st, the net change in investment value for 2023 only was $1,065,526.72. This compares favourably to an interest amount of $833,968.59 that would have been received if the funds had been in our RBC bank account. The 2023 year was a strong year with investments making a recovery from market losses of 2022. These investments are intended to and should be viewed with a long-term outlook, with each year’s results being taken into consideration. Our year-end reports from CIBC and ONE Investment confirm that our investments remain consistent with our investment policy and municipal investment regulations. Financial Implications None Relationship to Strategic Plan ☐ Not applicable to this report. ☒ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. •
Pillars: Sustainable Long-Term Prosperity
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Attachments Investment summary 2023
Approvals Prepared By: Kyle Griese, Financial Analyst Submitted By:
Arundhati Mohile, Director of Corporate Services & Treasurer Approved By:
Louise Fragnito, Chief Administrative Officer www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Year End Investment Report To December 31, 2023
Year 2023 only to Dec 31, 2023
Equity HISA CIBC Total
Deposit Amended May-20 893,750 0 14,044,700 14,938,450
Deposit Amended Jun-21 893,750 0 13,135,471 14,029,221
Deposit Amended Aug-22 893,750 0 13,127,906 14,021,656
Deposit Amended May-23 893,750 0 14,327,906 15,221,656
Interest 0.00 41.92 408,034.21 408,076.13
Market Value Adj 243,708.74 0.00 413,741.85 657,450.59
Redemption/ Purchase 0.00 0.00 1,192,869.94 1,192,869.94
Net of Deposit/Purchase
Net Balance Change Dec 31/2023 243,708.74 1,659,170.79 41.92 839.75 2,014,646.00 15,210,233.00 2,258,396.66 16,870,243.54
% 27.27% 0.00% 5.74% 7.00%
1,065,526.72
Royal Bank Interest Calculation (Est)
833,968.59
Life- to-date August 2016 to Dec 31, 2023
ONE Fund -Equity ONE Fund - HISA CIBC Melon Total
Deposit Amended May-20 893,750 0 14,044,700 14,938,450
Deposit Amended Jun-21 893,750 0 13,135,471 14,029,221
Deposit Amended Aug-22 893,750 0 13,127,906 14,021,656
Deposit Amended May-23 893,750 0 14,327,906 15,221,656
Interest 862.34 162,174.38 1,410,545.99 1,573,582.71
Market Value Adj 783,367.18 0.00 -130,855.15 652,512.03
Redemption/ Purchase -130,408.73 -161,334.63 13,930,542.16 13,638,798.80
Net Balance Change Dec 31/2023 653,820.79 1,659,170.79 839.75 839.75 15,210,233.00 15,210,233.00 15,864,893.54 16,870,243.54
Net of Deposit/Purchase
1,648,587.25
Royal Bank Interest Calculation (Est)
1,701,514.13
% 87.75% 0.00% 8.93% 14.62%
In 2023, our investments have had a net increase of $1,065,526.72 compared to interest that would have been earned in our bank account at $833,968.59. A difference of $231,558.13
Overall, to date our investments have had a net increase of $1,648,587.25 compared to interest that would have been earned in our bank account at $1,701,514.13. A difference of -52,926.88
Page 106 of 118
Page 107 of 118
To:
Council
From:
Director, Public Services
Date of Meeting:
March 19, 2024
Subject:
Award of Tender # PS-2024-04 – 2024 Micro Surfacing Program
Report Number:
2024-045
Summary The purpose of this report is to provide background on the budget and award of contract for the 2024 Micro Surfacing Program under Delegated Authority of the Procurement bylaw. Recommendation The report is for information only. Background In December of 2023, Council approved the 2024 Budget which included pavement preservation activities on approximately 5.3km of Bellrock Road (Exhibit A). Details of the project involve the placement of a double lift application of micro surfacing treatments (3/8” thick) on all paved sections of the roadway. Micro surfacing is a surface treatment designed to extend the service life of asphalt pavements by providing skid resistance, restricting moisture intrusion, protecting the structure from further oxidation and raveling, and restoring a uniform black appearance. It is also the most economical choice when minor levelling activities are required. Micro surfacing boasts quick construction times and minimal disruption to the travelling public compared to more traditional methods of hot mix overlays. Overall, these treatments add between 6 to 8 years of service life when applied for optimum preservation performance. Discussion/Analysis On January 17th, 2024, the Township released a tender for surface treatment on Biddingo and advertised on the Township’s website. On February 14, 2024, the tender closed with a total of two (2) tender submissions received.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-045
Page 108 of 118
The results of the tender bids (Part A – South Frontenac) were as follows: Total (Including Net HST Rebate) $598,045.56 $498,216.96
Supplier Duncor Enterprises Inc. Miller Paving Ltd.
All of the tenders were found to be complete and in compliance with the requirements of the procurement bylaw. Staff completed a detailed review of the Miller Paving Ltd. bid submission and found their tender bid to be balanced. Miller Paving Ltd. has successfully completed numerous micro surfacing contracts locally over the last several years and has also carried out warranty repairs when and where directed. It is currently recommended that the project be awarded to Miller Paving Ltd. under Delegated Authority of the Procurement bylaw.
Financial Implications The 2024 Budget allowance for the overall project is $495,000 based on the original scope (see attached capital detail sheet) and is fully funded by taxation. A detailed breakdown of the revised project budget is provided below:
ACTIVITY
COST ($)
Miller Paving Ltd. (low bid Net HST)
$498,216.96
Contingency
$20,000.00
Revised Project Cost (Including Non-Refundable HST)
$518,216.96
Approved Budget (2024)
$495,000.00
Estimated (Shortfall) 4.8%
($23,216.96)
Once the overall project costs are considered, the project is forecasted to have a net shortfall of $23,216.96 or 4.8% of the approved budget amount. This additional cost is less than 5% of the overall budget amount and therefore the project may be awarded under Delegated Authority of the Director of Public Services. Off setting cost savings for this project will be offered through the forecasted surplus of $25,590.40 reported for the award of the 2024 Surface Treatment Program (Report # 2024-44).
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-045
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Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillar: Choose an item. Action Item (If Applicable):
Climate Considerations ☐ Not applicable to this report. ☒ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. When you examine the full lifecycle of any asphalt pavement the reconstructive stage will require the greatest energy demand and will generate the greatest construction cost. The overall effort to strip or pulverize a paved roadway, import new raw aggregate materials, and place new hot mix asphalt products requires significant labour, equipment, and material resources. This activity also contributes to greenhouse gas emissions through heavy equipment use, aggregate extraction/production, oil demand/refinement and asphalt production. As part of any climate adaptation strategy the Township must access and utilize available tools to extend the service life of its’ roadway assets and therefore collectively reduce the impact of emissions generated by traditional reconstructions. Prior to the availability of micro surfacing treatments, the common rehabilitation approach was to mill road surfaces to correct surface irregularities and place a new surface lift of hot mix asphalt product. Based on the research work by the Pavement Preservation & Recycling Alliance (PPRA), micro surfacing offers the following environmental benefits over these traditional resurfacing methods: • • • •
reduces lifecycle costs by 25 to 45%. reduces greenhouse gases by 44% or more and reduces energy use by 54% or more. reduces raw materials by 35% or more; and materials are cold placed compared to traditional pavement overlays.
Overall, the commitment to timely preventative maintenance for roadways is one of the most significant strategies to manage the energy demands and emissions generated by conventional asphalt paving. The use of micro surfacing is therefore considered to be a cost effective and environmentally responsible tool to work towards these objectives. Notice/Consultation • Director of Corporate Services • Construction Technologist
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-045
Attachments Exhibit A – Budget Sheet Project # 24-32 Micro Surfacing Bellrock Road Approvals Prepared By: W. Troy Dunlop, C.E.T., Manager of Engineering and Capital Projects Submitted By:
Kyle Bolton, C.E.T., Director of Public Services Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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To:
Council
From:
Director, Public Services
Date of Meeting:
March 19, 2024
Subject:
Award of Tender # PS-2024-05 – 2024 Surface Treatment Program
Report Number:
2024-044
Summary The purpose of this report is to provide background on the budget and award of contract for the 2024 Surface Treatment Program under Delegated Authority of the procurement bylaw. Recommendation The report is for information only. Background In December of 2023, Council approved the 2024 Budget which included hard surfacing preservation activities on approximately 22km of existing surface treated roadways (Exhibit A). Details of the preservation project involve the placement of a single surface treatment to enhance the service life of existing roadways by an additional 5 to 7 years. The Township also tendered for the placement of new double surface treatments on inhouse road construction activities on an additional 4.6 km of roadways that include: Greenfield Road, Ormsbee Road, Kerr Road and Tom Watson Road. A chip seal is a roadway surface treatment that consists of a layer of asphalt binder (hot or emulsion) with a layer of embedded aggregate. Chip seals provide a new skid resistant wear surface, stop raveling, seal minor cracks and delay the further deterioration of the existing roadway. Chip seals extend the life of roadways up to 5 to 7 years. Discussion/Analysis On January 17th, 2024, the Township released a tender for surface treatment on Biddingo and advertised on the Township’s website. On February 14, 2024, the tender closed with a total of three (3) tender submissions received.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-044
Page 113 of 118
The results of the tender bids (Part A – South Frontenac) were as follows:
Supplier Duncor Enterprises Inc. Greenwood Paving (Pembroke) Ltd. Miller Paving Ltd.
Total (Including Net HST Rebate) $1,375,531.29 $1,203,226.52 $1,064,409.60
All three of the tenders were found to be complete and in compliance with the requirements of the procurement bylaw. Staff completed a detailed review of the Miller Paving Ltd. bid submission and found their tender bid to be balanced. Unit prices for this year’s program have stabilized over the 20% increases observed in both 2022 and 2023. Miller Paving Ltd. has successfully completed numerous surface treatment contracts locally over the last several years and has also carried out warranty repairs when and where directed. This bid submission is within the prescribed budget and has therefore been awarded to Miller Paving Ltd. under Delegated Authority of the procurement bylaw. Financial Implications The 2024 Budget allowance for the overall projects is $1,245,000 based on the surface treatment (LCB) preservation program and the funding commitments for double surface treatments on the in-house construction projects. A detailed breakdown of the revised project budget is provided below:
ACTIVITY
COST ($)
Miller Paving Ltd. (low bid Net HST) Single Surface Treatment - Patching, Edge Repairs and Prep Work (Town Forces) Contingency
$1,064,409.60
Revised Project Cost (Including Non-Refundable HST)
$1,219,409.60
Approved Budget Sources (2024) • Surface Treatment (LCB) Preservation - $900,000 • Various House Road Reconstruction - $345,000
$1,245,000.00
Estimated Surplus
$100,000.00 $55,000.00
$25,590.40
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-044
Page 114 of 118
Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillar: Choose an item. Action Item (If Applicable):
Climate Considerations ☐ Not applicable to this report. ☒ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. When you examine the full lifecycle of any hard surfaced roadways the reconstructive stage will require the greatest energy demand and will generate the greatest construction cost. The overall effort to strip or pulverize a hard surfaced roadway, import new raw aggregate materials, and place new emulsified asphalt products requires significant labour, equipment, and material resources. This activity also contributes to greenhouse gas emissions through heavy equipment use, aggregate extraction/production, oil demand/refinement and asphalt production. As part of any climate adaptation strategy the Township must access and utilize available tools to extend the service life of its’ roadway assets and therefore collectively reduce the impact of emissions generated by traditional reconstructions. Based on the research work by the Pavement Preservation & Recycling Alliance (PPRA), single chip seals offer the following environmental benefits over these traditional resurfacing methods: • • • •
reduces lifecycle costs by 48%. reduces greenhouse gases by 51% and reduces energy use by 51%. reduces raw materials by 49% or more; and extends the life of a roadway up to 5 – 7 years.
The 2024 single surface treatment program which includes over 22km of preservation work aligns with the principles of reducing overall greenhouse gas impacts. Notice/Consultation • Director of Corporate Services • Construction Technologist Attachments Exhibit A – Budget Sheet Project # 24-40 Surface Treatment (LCB) Preservation
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number – 2024-044
Approvals Prepared By: W. Troy Dunlop, C.E.T., Manager of Engineering and Capital Projects Submitted By:
Kyle Bolton, C.E.T., Director of Public Services Approved By:
Louise Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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TOWNSHIP OF SOUTH FRONTENAC - SURFACE TREATMENT PROGRAM SURFACE TREATEMENT - 2024 Preliminary Budget Overview Public Services Department
2024 Single Surface Treatment Program - Preliminary List Section ID 40810 50875 42010 40930 46750 44440 57785
Street Burnt Hills Road Battersea Road Duff Road Camden Portland Boundary Road Wolfe Swamp Road Morrison Road Westport Road
From Street Battersea Road Bradden Lane Greenfield Road Yarker Road Bradford Road Wilmer Road Buck Bay Road
To Street Osborne Lane East End of Road 4236 Duff Road Colebrook Road Petworth Road West End of Morrison Road New Road Total :
Length (Km)
AADT
PCI
1.8 6.1 1.0 2.9 1.2 1.2 7.7 21.9
556 173 281 711 422 221 606
71 62 63 79 58 60 62
- The above road list is preliminary. Each road section will undergo a final condition review in the spring
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Page 118 of 118 Township of South Frontenac By-Law Number 2024-27 Page 1 of 1 By-Law Number 2024-27 A By-Law to Confirm generally all actions and proceedings of the Council meeting of the corporation of the Township of South Frontenac on March 19, 2024 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2, subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and; Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; Therefore Be It Resolved That the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on March 19, 2024, be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
- That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held March 19, 2024, be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
- That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on March 19, 2024, except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
- Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.
- This By-law shall come into force and take effect on the date of its passage. Given First and Second Readings: Tuesday, March 19, 2024 Given Third Reading and Passed: Tuesday, March 19, 2024
James Thompson, Clerk
Ron Vandewal, Mayor
