Body: Council Type: Minutes Meeting: Regular Date: November 6, 2012 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council
November 6th, 2012 Meeting No. 36
Time: 7:00p.m. Location: Sydenham Present:
Mayor
Deputy Mayor Councillors,
Gary Davison John McDougall AUan McPhaII Cam Naish
Bill Robinson Ron Vandewal
Larry York Del Stowe Mark Tinlin
Staff:
Wayne Orr, CAO, Lindsay Mills, Planner, Mark Segsworth, Public Works Manager,JudyHerrington, ExecutiveAssistant CaU to Order Resolution No. 2012-36-01
Moved by Councillor Robinson
Secondedby Councillor Vandewal
THAT the Council meeting ofNovember 6 , 2012 be convened at 7:00 p.m. Carried.
Declarations of Pecuniary Interest
Councillor Robinson declared a pecuniary interest with respect to the Accounts Payable.
MayorDavisondeclared a conflict ofinterest with respect to item 8(c). Scheduled Closed Session - nil Recess
Public Meeting Resolution No. 2012-36-02
Moved by Councillor Vandewal
Seconded by Councillor Robinson
THAT a public meeting be held to discuss planning matters related to:
.
Review ofApplication for Zoning By-law Amendment in Part ofLot 24,
.
Concession IV, Storrington District, Township of South Frontenac: 1073650 Ontario Inc. (Beach) Review of Application for Zoning By-law Amendment in Part of Lots 23 &
24, Concession VI & VII, Loughborough District, Township ofSouth Frontenac: 1073650Ontario Inc. (Beach) Carried.
(a)
Review of Application for Zoning By-law Amendment in Part of Lot 24, Concession TV, Storrington District, TownsMp of South Frontenac: 1073650 Ontario Inc. (Beach) LlndsayMills, Planner, explainedthat the recommendation is that Council approve a zoning by-law amendment that would rezone a portion of land
from Rural Zone (RU) to Limited Service Residential Zone (RLS). The rezoning is a condition of approval of three consent applications to create
Minutes of Council
November 61h,2012 three new residential lots and it would recognize that, even though the lots front on a public road, they would be accessed by a private lane. The proposed new lots were given provisional consent approval by the Committee of Adjustment and would be 5.9 acres, 6.2 acres and 7.2 acres respectively. The reason the lots require access from a private lane is that the topography of the land does not permit a building envelope at the public road. A very steep embankment exists near the road requiring any dwellings to be located near the rear of the properties down the embankment necessitating access here by way of a private lane. The proposal appears to meet the intent of the Official Plan only in terms of the use, minimum size and frontage standards for lot creation. He said that the attached zoning amending By-law No. 2012-64 would rezone the area of the proposed new lots from Rural (RU) Zone to Limited Service Residential (RLS) Zone. There were no comments from Council.
Comments from the public are as follows: Mike Voith asked where the houses would be located. Lindsay Mills responded that houses would be located at the rear of the lots. Mike Voith asked what the distance of the houses from the lake would be.
Lindsay Mills responded houses would be 339 metres from the lake. Mike Voith asked what does “limited service lane” mean. Lindsay Mills responded that the term means that the Township does not service the lane.
Mike Voith asked if more lots could be divided on the southern portion and
be servicedby the private lane. LindsayMills respondedno and explained that no more severances would be allowed under this Official Plan as the maximum number of severances has been reached. Mike Voith asked if more lots could be divided under a future Official
Plan. Lindsay Mills responded yes.
JeffPeters commented that backfillingwould not be allowednext to a lake. Lindsay Mills responded that the Official Plan does not allow back lot development. Jeff Peters asked what the difference is in this situation and
wouldthe same rules not apply? LindsayMills respondedthat it does not apply in this situation because these are not waterfront lots and not back
lots.
JeffPeters asked if you can’t develop on one side of the lot, then why not on the other. Mayor Davison responded that is because these are not waterfront lots. They are lots that do not lead to water.
JeffPeters saidthat we are still operating under the old OfficialPlan 2005 and askedwhenthe 2010 OfficialPlanwill be finalized. Mayor Davison saidthat a revised OfficialPlanhas been finalized and sent in, but hasnot yet been approved by MMAH due to some recommended changes. Jeff Peters said that the topography of the lots is very steep in most places and the lake is utrophic with an average depth of less than 10 feet. Every time the soil surface is disturbed, sediment carrying phosphorus is depositedin the lake. The 1991 WatershedStudy saidthat this lake is
Minutes of Council
November 6th, 2012
loaded with phosphorus and that It is prudent to be careful of the cumulative affect of development on the lake. Lindsay Mills said that our
OfficialPlan addressescumulative affects. Mayor Davisonsaidthat the development will be set back from the lake more than 1,000 feet and complies with our Official Plan and government regulations.
JeffPeters saidthat regardless, sediment containingphosphorus ends up in the lake every time it rains and he is concerned about this. Some lakes are better suited to development than others. This lake is not suited to development.
Councillor Stowe askedif the CataraquiConservation Authority was contacted for their input. LindsayMills respondedthat they were not contacted because these are not wateriront lots.
Calvin Blackshaw lives across the street from the lots. He asked if he
would be able to use the private lane to access the lake. Lindsay Mills responded that he could not because it is private land. There were no more comments.
(b)
Review ofApplication for ZoningBy-lawAmendmentin Part ofLots 23 & 24, Concession VI & VII, Loughborough District, Township of South Frontenac: 1073650 Ontario Inc. (Beach) Llndsay Mills, Planner, explained that the recommendation is that Council
defer decision on a zoning by-law amendment that would rezone a portion of land from Rural Zone (RU) to a Special Limited Service ResidentialWaterfront Zone (RLSW). The rezoning is a condition of approval of three consent applications to create three new waterfront residential lots
with a special setback from the hlgh-water mark of Loughborough Lake. Deferral is recommended because one of the lots must be surveyed to ensure that a proper buildingenvelope exists. Lindsay Mills explained that he was seeking comments only tonight and that the matter would be brought back to Council for final approval. The lots would be accessed by a new lane constructed from North Shore
Road through the property. The lane is already substantially completed and appears to be constructed to a high standard (minimum Township lane standards).
The land is designated Rural in the Official Plan with many wetland Intrusions some of which are designated Provincially Significant Wetland (PSW). The Official Plan specifies that any proposed development within
120 metres of any PSWmust be supported by an environmental study that proves there will beno negativeimpacts on the natural features or ecological functions of the wetland. The applicant submitted a report from Rob Snetsinger of Ecological Services. The report dated December 2011, concludes that the three lots can be created and would have no negative impacts. The report also lists recommendations and mitigation measures that shouldbe followed including a 40 metre minimum setbackfrom LoughboroughLakefor any development. The proposal appears to generally meet the intent ofthe OfficialPlanin terms of the use, minimum size and frontage standards for lot creation. However, a buildingenvelope must beproven on the westernmost proposed lot and, accordingly, the by-law should not be passed at this time. By deferring the decision on the by-law, the applicant will have an
opportunity to Identifya buildingenvelope as required andperhaps adjust the area of the Iot(s) to accommodate the building location. If the lot lines
Minutes of Council
November 6th,2012
need to be adjusted then the zoning cannot be applied until the boundaries are known.
Mayor Davison asked how wet Is the property. Lindsay Mills said that we are currently experiencing dry conditions and the property is still wet. He showeda photographtaken that day that showedwater on the land. Lindsay read the Official Plan’s definition of a wetland. He said that if the
areais categorizedas a wetland, development has to be 30 metres back
from the wetland. Lindsay said hethought there is a building envelope somewhere on the subject lot, however, the lot lines may need to be changed.
Mayor Davison said a designation could be made similar to Valleyvlew Estates.
Llndsay Mills said that the Official Plan states that the lot should always respect the setback otherwise the lot should not be created.
Councillor York said that it was a very dry summer and the water levels
will likely be more normal next year and at that time, the property could be looked at again.
Councillor McPhailaskedif the road allowance on North ShoreRoad still exists. LindsayMills respondedthat yes it still exists.
Councillor McPhailaskedif there is an agreement to cross that road allowance. Lindsay Mills responded that he thinks there is an agreement. CouncUlor McPhaflsaidthat none ofthe report or attachments shows a
road allowanceandthatthisinformationwouldbeniceto knowup front. Lindsay MUIs said there are lots of conditions govenung the creation of the lots.
Councillor Vandewalsaidthat there are conditions, but the road hasbeen built and if Council says no to the by-law amendment, then there is a beautifulroad built goingto nowhere. The applicantmust havefelt that conditionswere attainable otherwisehewouldn’t have built the road.
LindsayMills reada letter from a neighbour.MattRainey,who saidthat this is a shallow water development and setbacks must be respected. Councillor Vandewalsaidthis was discussed at the Committee of
Adjustment meeting where concern was expressed regarding the creation of the road. The road has been buUt to specific guidelines. Shallow water development was also addressed and It was determined that this is not a shallow water issue.
Mayor Davison said that the building site may not encroach on the wetland.
NonaMariotti, BatterseaLakeAssociationhasexpressedherconcerns previously regardingprotection ofwetlands. She said as stewards ofthe
lake, it Isimportant to be informed about development that will impact wetlands. IfLindsayMMs saysMr. Beachisnotinfringingonthe wetlands, then he deserves an opportunity to speak. She said, we as the public, also deserve a chance to speak. She has not measured the distance
ofthe setbackfrom the wetlands; however, shehas walked outside the property boundaries. She said these are designated wetlands, and there are strict guidelines on whereyou are allowed to build. She saidthat if Mr.
Beach needs these 3 lots, maybe he will have to go to the other side to have
a look. Shereiterated we have to be stewards ofthe lake and ensure people
Minutes of Council
November 6th,2012 follow the guidelines. She said if Lindsay Mills says it is okay, then we need to see what is the next step.
Gary Beach addressedCouncil. He saidwe did a finejob regarding creating the access. The Cataraqui Conservation Authority said it was poor drainage and that it was fine to develop as long as he was 15 metres back which is the required setback. He said the minimum setback for a home is 40 metres from the lake for the septic system. He said if there are new standards, he has not seen them yet. He is trying to ensure they do not negatively impact the lake.
JeffPeters saidthat research showsthat any septic system that is less than 300 metres from a lake wMl have a negative impact on a lake. He said statistics showthat 8 kilograms ofphosphorousper person gets into the lake through septic systems.
JeffPeters also noted that you don’t need a permit to build a road and building a roadbefore approval is provided is like putting the cart before the horse. He wonderswhy the hugehurry. He said sooner or later someone will be “burned” if their lots do not meet the conditions of the
Official Plan. He said that roads built too close to lakes are not good for lakes.
Llndsay Mills noted that our Official Plan states 30 metres minimum. Jeff Peters asked if you can build a road next to a wetland.
Lindsay Mills said this road is built according to the specifications of the OfficialPlan andwiU not impact the lake. He saidthere is a rise ofland
along one sideofthe road and a great distance on the other sidefrom any wetland so there will be no effect from the road.
Resolution No. 2012-36-03
Moved by Councillor Vandewal
Seconded by Councillor Robinson
THAT an opportunity having been provided to discuss planning matters, that the public meeting be closed. Carried.
Approval of Minutes Resolution No. 2012-36-04
Moved by Councillor Tinlln
Seconded Councillor Vandewal
THAT Council approve the following minutes:
. Minutes oftheOctober 9th,2012Committee oftheWholemeeting .
Minutes ofthe October 16 , 2012 Council meeting Minutes of the October 23T, 2012 Committee of the Whole meeting
Carried.
Business Arising from the Minutes - nU
Reports RequiringAction
(a)
Accounts Resolution No. 2012-36-05 Moved by Councillor McPhaU
Secondedby Councillor Tinlin
Minutes of Council
November 61h,2012 THAT Council receive for information the listing of the Accounts Payable ’th and PayroU dated November 6m, 2012 in the amount of $854, 614. 51. Carried.
(b)
Report from Lindsay Mills, Planner re:
Assumption of Road In
Silverbrook Estates Subdivision Plan 13M-42, Loughborough District, Township of South Frontenac, (See By-law No. 65)
(c)
Report from Anne Levac, Assistant Planner, re: Crossing of Unopened Road Allowance between Lots 6 and 7, Concession 14, District of Loughborough, (See By-law No. 66)
(d)
Report from Mark Segsworth, Public Works Manager, re: Waste Disposal Site Operation Review Recommendations Resolution No. 2012-36-06
Moved by Councillor McPhaiI
Seconded by Councillor Tinlin
THAT Council adopt the seven (7) recommendations in principle of the Public Services Committee as discussed at the Committee of the Whole
meeting on October 30, 2012 and presented in the report dated November 6, 2012, AND THAT a site be open for four hours on Sunday during the summer with no total increase in hours, June to Labour Day.
YES J. McDougaII
./
A. McPhaU
./
C. Nalah
^
B. Robmson
NO
ABSTAIN
^
D. Stowe
./
M. Tinlin
^
R. Vandewal
^
L. York
^
G. Davison
^
Carried.
(e)
Report from Mark Segsworth, Public Works Manager, re: Extended Hours
ofOperation for Household HazardousWasteDepot Resolution No. 2012-36-07
Moved by Councillor McPhail
Seconded by Councillor Tinlin
THAT Council accept the proposal of Brendar Environmental to provide Household Hazardous Waste Depot services for the period November 1 to March 31 on the second and fourth Thursday of the month at the current rate of $565 per event, plus all applicable taxes;
ANDTHAT this period ofcollection be evaluated and reported to Council. Carried.
(0
Report from Mark Segsworth,PublicWorks Manager, re: RFP#P06-2012 Engineering Services for Bedford Patrol Yard Improvements
Minutes of Council
November 6’",2012 Resolution No. 2012-36-08
Moved by Councillor Tinlin
Seconded by Councillor McPhaU
THAT Council approve the submission of Asterisk Engineering Corporation for RFP #P06-2012 Engineering Services for Bedford Patrol Yard Improvements, for a total of $71, 896. 25, including taxes. Carried.
(g)
Report from Wayne Orr, ChiefAdministrative Officer, re: Electoral Boundaries Reform Resolution No. 2012-36-09
Moved by Councillor Tinlin
Secondedby Councillor McPhail
THAT Council support County ofFrontenac Resolution 284-12. Carried.
(h)
Report from Wayne Orr, Chief Administrative OfBcer, re: Advances for Councillors
Resolution No. 2012-36-10
Moved by Councillor Vandewal
Seconded by Councillor Robinson
THAT Council adopt the recommendation from the Corporate Services Committee and no longer permit cash advances against either a CouncUIor’s per diem or honorarium entitlement. Carried.
Committee Meeting Minutes Resolution No. 2012-36-11
Moved by Councillor Naish
Seconded by Deputy Mayor McDougall
THAT Council approve the following committee minutes:
. .
SouthFrontenac Portland Recreation Committee Minutes, April 30th, 2012 South Frontenac Portland Recreation Committee Minutes, May 28 2012
.
Public Services Committee Minutes, September 18 , 2012
.
South Frontenac Portland Recreation Committee Minutes,
.
September24th,2012
Storrington District Recreation Committee Minutes, September 24 2012. Carried.
By-laws
(a)
Resolution No. 2012-36-12
Moved by DeputyMayor McDougall
Seconded by Councillor Naish
THAT By-law 2012-64, being a by-law to amend By-law Number 2003-75, as amended, to rezone lands from Rural Zone (RU) to Limited Service Residential Zone (RLS); Part Lot 24, Concession IV, District of Storrington: 1073650 Ontario Inc. Beach be given a first and second
reading this 6 day ofNovember 2012. Carried.
Resolution No. 2012-36-13
Moved by Councillor Naish
Seconded by Deputy Mayor McDougall
Minutes of Council
November 6&, 2012
THAT By-law No. 2012-64,being a by-law to amend By-law Number 200375, as amended, to rezone lands from Rural Zone (RU) to Limited Service Residential Zone (RLS); Part Lot 24, Concession IV, District of Storrington: 1073650 Ontario Inc. Beach be given a third and final reading -th this 6’" day ofNovember 2012. Carried.
(b)
Resolution No. 2012-36-14 Moved by Deputy Mayor McDougall
Seconded by Councillor Naish
THAT By-law 2012-65, being a by-law to assume the public works in the Silverbrook Estates Subdivision; Plan 13M-42 and to transfer ownership of Lot #1 in Plan 13M-42 from the Township of South Frontenac to th SUverbrook Estates Inc. be given a first and second reading this 6 day of November 2012. Carried.
Resolution No. 2012-36-15
Moved by Councillor Naish
Seconded by Deputy Mayor McDougaIl
THAT By-law 2012-65, being a by-law to assume the public works in the Silverbrook Estates Subdivision; Plan 13M-42 and to transfer ownership of Lot #1 in Plan 13M-42 from the TownsMp of South Frontenac to th Silverbrook Estates Inc. be given a third and final reading this 6 day of November 2012. Carried.
(c)
Resolution No. 2012-36-16 Moved by Councillor York
Seconded by Councillor Stowe
THAT By-law No. 2012-66, being a by-law to permit use of Unopencd Road Allowance between Lot 6 and 7, Concession 14, District of Loughborough be
given a first andsecondreadingthis 6 dayofNovember2012. Carried.
Resolution No. 2012-36-17
Moved by Councillor Stowe
Seconded by Councillor York
THAT By-law No. 2012-66, being a by-law to permit use of Unopened Road Allowance between Lot 6 and 7, Concession 14, District of Loughborough be
given a third and final reading this 6 day of November 2012. Carried.
II.
Reports for Information
(a)
Report from Wayne Orr, Chief Administrative Officer, re 2013 Capital Budget compared to 2012
(b)
Report from Wayne Orr, Chief Administrative Officer, re: 2013 Capital
(c)
Budget - Fire Vehicle Replacement Plan Reserve PoUcy and Definitions
Information Items
(a) (b) (c)
Letter from Kathy Thomas, October 27, 2012 re Day Farm Letter from Fred Zettler, October 29, 2012 re Day Farm lUegal Activity Letter from Roxanne Wright, October 30, 2012 re Bill Day
Minutes of Council
November 61h,2012 13.
New Business
(a)
Councillor McPhail said that he feels that further discussion should occur
regarding crossing unopcncd road allowances. A proper procedure needs to be established. Wayne Orr said that this will be included on the Committee
of the Whole Agenda for the meeting on November 27 which will have a planning focus.
(b)
In conversation with the City, the CAO updated the City on work being done by the Township Public Works Managers as it relates to the potential for a Frontenac Corridor.
Closed Session Resolution No. : 2012-36-18
Moved by Councillor Naish
Seconded by Deputy Mayor McDougall
THAT an In-Camera meeting be held for personal matters about an Identifiable individual. Carried.
Resolution No. : 2012-36-19
Moved by Deputy Mayor McDougaIl
Seconded by Councillor Naish
THAT the meeting move out of In-Camera and return to Open Session. Carried.
Confirmatory By-law Resolution No: 2012-36-20 Moved by Councillor York
Seconded by Councillor Stowe
THAT By-law 2012-67, being a by-law to confirm generally previous
actions of the Council of the Township of South Frontenac, be given first th
and second reading this 6"’ day of November 2012. Carried.
Resolution No: 2012-36-21
Moved by Councillor Stowe
Seconded by Councillor Naish
THAT By-law 2012-67, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given a third
andfinalreadingthis 6 dayofNovember2012. Carried.
Adjournment Resolution No. 2012-36-22
Moved by Councillor Stowe
Seconded by Councillor York -th
THAT the Council meeting of November 6’", 2012 be adjourned at 9:07 p. m. Carried.
layor
