The Corporation of the City of Kawartha Lakes AGENDA PLANNING

Transcription

The Corporation of the City of Kawartha Lakes
AGENDA
____________________________________________________________
PLANNING COMMITTEE
DATE: WEDNESDAY, DECEMBER 02, 2015
OPEN SESSION COMMENCING AT 1:00 P.M.
COUNCIL CHAMBERS
CITY HALL
26 FRANCIS STREET, LINDSAY, ONTARIO, K9V 5R8
MEMBERS
Mayor
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor
Andy Letham
Isaac Breadner
Brian S. Junkin
Gord Miller
Patrick O'Reilly
Heather Stauble
Emmett Yeo
MEETING # PC2015-13
1
1.0
CALL TO ORDER AND ADOPTION OF AGENDA
2.0
DECLARATIONS OF PECUNIARY INTEREST
3.0
PUBLIC MEETING
3.1
PLAN2015-098
4 - 13
Ian Walker, Planner II
An application to amend the Township of Fenelon Zoning By-law 12-95 to rezone a
portion of the land from Environmental Protection (EP) Zone to Agricultural Exception **
(A1-**) Zone on a vacant lot described as Part of Lot 21, Concession 7, Geographic
Township of Fenelon, City of Kawartha Lakes, Country Lane (MITOV - Planning File
D06-15-021)
4.0
BUSINESS ARISING FROM PUBLIC MEETING
5.0
DEPUTATIONS
6.0
CORRESPONDENCE
7.0
CITY OF KAWARTHA LAKES REPORTS
7.1
PLAN2015-070
14 - 42
Sherry L. Rea, Planning Coordinator
Application for Draft Plan of Vacant Land Condominium (16CD-09505) to permit a plan
of vacant land condominium subdivision consisting of 16 residential units together with a
common element area for passive recreation/parkland and environmental protection
being vacant land on Sturgeon Point Road, City of Kawartha Lakes (2185396 ONTARIO
INC./STURGEON LAKE CLUB)
7.2
ENG2015-015
43 - 51
Christina Sisson, Supervisor, Development Engineering
Assumption of Churchdown Gardens Subdivision, City of Kawartha Lakes
2
7.3
PC2015-13.7.3
52 - 52
Juan Rojas, Acting Director of Development Services
Verbal Report
Valdor Engineering Inc. Request on Behalf of Bromont Homes Regarding Proposed
Subdivision Agreement - 90 Logie Street, Lindsay
8.0
ADJOURNMENT
3
The Gorporation of the Gity of Kawartha Lakes
Planning Gommittee Report
Report Number PLAN2Oí 5-098
Date: December 2,2015
Time:
1:00 p.m.
Place: Council Chamber
Ward Community
Subject:
ldentifier:
Ward 6 - Fenelon
An application to amend the Township of Fenelon Zoning By-law 1295 to rezone a portion of the land from Environmental Protection
(EP) Zone to Agricultural Exception ** (41-..¡ Zone on a vacant lot
described as Part of Lot 21, Conc. 7, geographic Township of
Fenelon, City of Kawartha Lakes, Country Lane (MITOV - Planning
File D06-15-021).
Author/Title: Ian Walker, Planner
ll
S
nature:
Recommendations:
RESOLVED THAT Report PLAN2015-098, respecting "MITOV
D06-1 5-021", be received;
- Application
THAT the application respecting Application D06-15-021 be referred back to staff
for further review and processing until such time that all comments have been
received from all circulated Agencies and City Departments and that any
comments and concerns have been addressed.
Department Head:
Gorporate Services Director / Other:
Chief Administrative Officer:
4
Report #PLAN-2O15-098
D06-15-021 (MTTOV)
Page 2 of 6
Background:
The applicant has submitted an application to rezone a portion of the vacant lot in
order to allow a detached dwelling. Approximately 5 ha. of the southeast corner
of the property is zoned Agricultural (41) Zone, but does not have access to an
improved public street. As such, the owners are seeking to permit the use at an
alternate site on the lot.
Owners:
Valeri and Roumiana Mitov
Applicant:
EcoVue Consulting Services lnc., Kent Randall
Legal Description:
Part of Lot21, Conc. 7, geographic Township of Fenelon
Designation:
Prime Agricultural and Environmental Protection, City of
Kawartha Lakes Official Plan
Zone:'
Agricultural (41)Zone and Environmental Protection (EP)
Zone on Schedule 'A', Township of Fenelon Zoning By-law
No. 12-95
Lot Area:
Site Servicing:
43 ha. [100.0 ac.
Unserviced
Existing Uses:
Vacant Land
Adjacent Uses
East:
South:
West:
- MPAC]
North,
Forest/Wetland, Agricultural
ForesUWetland
Country Lane, ForesUWetland
Rationale:
The lot is located on the east side of Country Lane, to the northeast of Cameron.
The applicant proposes to rezone a portion of the lot to allow a detached dwelling
and accessory uses. While the Prime Agricultural designation in the Official Plan
(OP) permits single detached dwellings, the portion of the lot identified for the
proposed residential use is zoned Environmental Protection (EP) Zone, which
does not permit residential uses. A Zoning By-law amendment is necessary to
permit the use on this portion of the lot.
The applicant has submitted the following reports and plans in support of the
application, which have been circulated to various City Departments and
commenting Agencies for review.
1.
Planning Justification Report prepared by EcoVue Consulting lnc.,
dated September 17,2015. The report discusses and assesses the
proposal in context of the 2014 Provincial Policy Statement, Growth
Plan, and the Council adopted City of Kawartha Lakes Official Plan.
2.
Scoped Environmental lmpact Study Report prepared by Snider's
Ecological Services, dated June 2015.
5
*"ïiJi$);1il,?3i3
Page 3
3.
of6
ConceptualPlanlZoning Sketch prepared by EcoVue Consulting
Services lnc., dated October 7,2015.
The Environmental Protection (EP) Zone must be amended to an Agricultural
Exception (41-**) Zone to allow a dwelling as a permitted use. Refer to Appendix
'B'.
Staff has reviewed the Planning Justification Report filed in support of the
proposed zoning by-law amendment. Staff cannot determine the
appropríateness of the proposal at this time as responses from other City
Departments and commenting Agencies have not been received. Staff
recommend that the application be referred back to staff until such time as
commenting Agencies and/or City Departments have submitted comments, and
any concerns have been addressed, and to permit discussions with the applicant
respecting conformity to applicable policies.
Provincial Policies:
Growth Plan for the Greater Golden Horseshoe, 2006:
This application conforms to the Growth Plan (GP). Section 2.2.9.2 allows that
development may be permitted in rural areas in accordance with Section
2.2.2.1(i), which directs development to settlement areas, except where related
to the management or use of resources, resource-based recreational activities,
and rural land uses that cannot be located in settlement areas. This is an
existing lot of record located in the rural area, which cannot be located in the
settlement area.
The proposed use is a dwelling, therefore, this application does not conflict with
the GP.
Provincial Policy Statement,
201 4 (PPS):
Section 1.1.5.2 provides that in rural areas, permitted uses and activities shall
relate to the management or use of resources, resource-based recreational uses,
limited residential development, and other rural land uses. Section 1.1.5.4
provides that development that is compatible with the rural landscape, and can
be sustained by rural service levels should be promoted. Section 1.1.5.7
provides that agricultural and other resource-related uses should be promoted
and protected, and non-related development should be directed to areas where it
will minimize constraints on these uses.
A Scoped Environmental lmpact Study (ElS) has been submitted. This report is
currently being reviewed by Kawartha Region Conservation Authority (KRCA), ín
accordance with the Wise Use and Mangement of Resources - Section 2; and
Protecting Public Health and Safety - Section 3 policies of the PPS. KRCA
comments have yet to be received by the Planning Division.
6
Report #PLAN-2015-098
D06-15-021 (MTTOV)
Page 4 of 6
Official Plan Gonformity:
The lot is designated Prime Agricultural and Environmental Protection in the
City's Official Plan (OP). Section 15.1 of the Official Plan provides that
agricultural land that is primarily Class 1-3 shall be protected from fragmentation,
development and land uses unrelated to agriculture. The establishment of an
area outside of the Provincially Significant Wetland (PSW) protects the potential
for agricultural use. This application proposes no change to the existing
agricultural land uses or to the existing Environmental Protection designated
areas.
The applicant has stated that there had previously been a dwelling on this lot.
Further, the proposed dwelling will meet the Minimim Distance Separation (MDS)
criteria from the Ontario Ministry of Agriculture, Food and Rural Affairs
(oMAFRA).
Therefore, thís application conforms to the policies of the Official Plan.
Zoning By-Law Compliance:
The lot is zoned Agricultural (41) Zone and Environmental Protection (EP) Zone
in the Township of Fenelon Zoning By-law 12-95. The portion of the lot identified
to be rezoned is zoned EP. The EP Zone does not permit residential uses. The
applicant has submitted a Scoped EIS to confirm that the proposed residential
use will not negatively impact the natural heritage features and functions which
are protected by the EP Zone.
The minimum lot area required for the Agricultural (41) Zone is 25 ha. The
portion(s) of the property to be rezoned are approximately 2.32 ha. The
applicant proposes a site specific Agricultural Exception (41-**) Zone to
recognize the deficient minimum lot area.
As noted above, the Scoped EIS has been submitted and is currently being
reviewed by KRCA, in accordance with the Natural Heritage (Section 2) and
Hazard (Section 3) policies of the PPS. The Scoped EIS has delineated the
wetland boundaries and other natural heritage features, based on field
verification, and recommends that the rezoning of the areas from the EP Zone to
an A1 Zone will not result in a negative impact to the natural features. lf the
KRCA agrees with this recommendation, the application will comply with all other
relevant provisions of the Zoning By-law.
Other Alternatives Gonsidered
:
No other alternatives have been considered
7
Report #PLAN-2O15-098
D06-15-021 (MlrOV)
Page 5 of 6
Fi
nancial Considerations
:
There are no financial cons¡derations unless council's decision to adopt or its
refusal to adopt the requested amendment is appealed to the Ontario Municipal
Board. ln the event of an appeal, there would be costs, some of which may be
recovered from the applicant.
Relationship of Recommendations To Strategy Map:
The City's Strategy Map outlines Council's Visíon of a Community Pursuing
Prosperity, Quality of Life and a Healthy Environment. This application aligns
with all three (3) priorities: it attracts new residents, provides recreational
opportunities, and provides for balanced and healthy natural systems.
Review of Accessibility lmplications of Any Development or
Policy:
There are no accessibility implications for the City.
Servicing Gomments:
The lot is unserviced. The proposed single detached dwelling will be serviced by
a private sanitary sewage disposal system and individual well. ln accordance
with Section 1.6.6.4 of the PPS, individual services may be used provided that
site conditions are suitable for the long-term provision of such services with no
negative impact.
Consultations:
Notice of this application was circulated to landowners within a 500 metre radius,
plan-review agencies, and City Departments which may have an interest in the
application. To date we have received the following comments:
Aoencv Review Comments:
The Building Division provided on November 9, 2015 that it has no concerns with
respect to the application.
Development Services
- Planning Division Gomments:
The appropriate background studies in support of the application have been
submitted and circulated to the appropriate Agencies and City Departments for
review and comment. At this time, comments have not been received from all
circulated Agencies and City Departments. Staff recommend that the application
be referred back to staff until such time as comments have been received from
8
*"03å'Jl$);1i1,?3i3
Page 6 of 6
all circulated Agencies and City Departments, and that any comments and
concerns have been addressed.
Conclusion:
ln consideration of the comments and issues contained in this report, Staff
respectfully recommends that the proposed Zoning By-law Amendment
application be referred back to staff for further review and processing until such
time as comments have been received from all circulated Agencies and City
Departments, and that any comments and concerns have been addressed.
Attachments:
Appendix'A'
El-
- Location Map
Þ
Appendix A, pdf
Appendix 'B'
El-
-
Sketch for Zoning Amendment
-
dated October 7,2015
Þ
AppendÍx B.pdf
Appendix'C'
@l'l
- Aerial
Photo
Þ
Appendix C.pdf
Appendix'D'- Aerial Photo with PSW - Official Plan Schedule'B'
ElÞ
Appendix
D.
pdf
Phone:
705-324-9411 ext.1368 or 1-888-822-2225 ext. 1368
E-Mail:
iwal ker@city. kawa rtha lakes. on. ca
Department Head:
Juan Rojas, Acting Director
Department File:
D06-15-021
9
Geographic Township of Fenelon
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13
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The Corporation of the City of Kawartha Lakes
Planning Report
Report Number PLAN2015·070
Date: December 2, 2015
Time: 1:00 p.m.
Place: Council Chambers
Ward Community Identifier: Ward 6
Subject:
Application for Draft Plan of Vacant Land Condominium (16CD09505) to permit a plan of vacant land condominium subdivision
consisting of 16 residential units together with a common element
area for passive recreation/parkland and environmental protection
being vacant land on Sturgeon Point Road, City of Kawartha Lakes.
(2185396 ONTARIO INC./STURGEON LAKE CLUB)
Author: Sherry L. Rea, Planning Coordinator Signature:
9Qeny L'"({:,e8
Recommendations:
RESOLVED THAT Report PLAN20 15-070, respecting Applications D04-29-002
and 006-29-052, being Part of Lots 17 and 18, Concession 10 and Part of Lot
17, Concession 11, geographic Township of Fenelon, now City of Kawartha
Lakes and being vacant land on Sturgeon Lake, be received;
THAT Zoning By-law Amendment, Application 006-29-052, substantially in the
form attached as Appendix "F" to Report PLAN2015-070 be approved and
adopted by Council;
THAT the Draft Plan of Vacant Land Condominium (16CD-09505), Application
004-29-002, as shown on Appendix "B" and the conditions substantially in the
form attached as Appendix "G" to Report Plan 2015-070, be approved and
adopted by Council;
THAT pursuant to Section 34( 17) of the Planning Act, Council deems the change
to the proposed By-law to be minor and no further public notice is necessary; and
Department Head:
Corporate Services Director I Other:
Chief Administrative Officer:
14
Report PLAN2015-070
2185396 ONTARIO INC./
STURGEON LAKE CLUB,
004-29-002 & 006-29-052
Page 2 of 10
THAT the Mayor and Clerk be authorized to execute any documents and
agreements required by the approval of this application.
Background:
The statutory public meeting was held by the Planning Committee on April14,
2010 and following resolution was passed:
Moved by Councillor Luff, seconded by Councillor McGregor,
RECOMMEND THAT Report OEV2010-027, "2185396 Ontario
Inc./Marmora Mortgage Corporation- OPA, ZBA and Draft Plans of
Subdivisions and Common Element Condominium, respecting Files 00116-181, 004-29-002, 005-29-027 and 006-29-052", be received;
THAT the applications respecting the proposed official plan amendment to
the Victoria County Official Plan, zoning by-law amendments to the
Township of Fenelon Zoning By-law, draft plan of subdivision 16T-05504
and draft plan of common element condominium 16CD-09505 be referred
back to staff until such time that the draft plans of subdivision and
condominium have been revised to reflect:
a. the 248.4 mASL floodplain line for Sturgeon Lake, which
demonstrates that the proposed lots will not extend into the
floodplain;
b. the 15 metre natural vegetative buffer on either side of the
watercourse which KRCA has identified as a warm water fish
habitat;
THAT the Owner has addressed the engineering concerns raised by KRCA
being:
c. The 100-year flood elevation at this location is 248.4 mASL.
KRCA requires a freeboard of 0.3 above this elevation, for
248.7 mASL. The consultant is incorrectly basing the design on
a flood elevation of 248.7 mASL and adding the 0.3 freeboard
to this.
d. Figure 3 of the Niblett report should show the proposed draft
plan. This would provide greater clarity of the limits of the
environmentally sensitive vegetation communities within the
proposed development.
e. According to the hydrogeological report, the groundwater
elevations on Lots 1 and 3 will not accommodate the proposed
finished floor elevations. It is understood that Lot 13 will have
no basement, but it may be that the high groundwater elevation
may require a different finished floor elevation for the slab-ongrade foundation.
15
Report PLAN2015-070
STURGEON LAKE CLUB,
004-29-002 & 006-29-052
Page 3 of 10
THAT the Owner has addressed the concerns raised by Engineering
regarding stormwater management, grading and drainage, and reflect the
correct floodplain elevation for Sturgeon Lake.
THAT the Municipality is in receipt of the completed peer review of the
Updated Hydrogeological Assessment Report and it be demonstrated by
the Owner that the shallow aquifer which is to supply the proposed
development can be adequately protected.
THAT Planning staff be part of the meeting between the applicant and the
Kawartha Region Conservation Authority.
CARRIED PC2010·014
Owner:
2185396 ONTARIO INC. c/o Paul Durst
Applicant:
TO Consulting c/o Tom de Boer
Legal
Description:
Part of Lots 17 and 18, Concession 10 and Part of Lot 17,
Concession 11, geographic Township of Fenelon, now City of
Kawartha Lakes.
Official Plan:
Designated Shoreline and Rural on Schedule "A" of the Victoria
County Official Plan and identified as containing a Sensitive Area
on Schedule "B"- Sensitive Area Mapping.
Zone:
Agricultural (A 1) in The Town ship of Fenelon Zoning By-law
No.12-95.
Total Area:
Approximately 40.24 ha.
Site Servicing: Proposed servicing is individual wells and private sewage
disposal systems. Condominium roadway is proposed.
Existing Use:
Vacant Land
Adjacent Uses: North:
West:
South:
East:
Undeveloped bush/scrub and agricultural lands.
Sturgeon Lake and additional undeveloped land
owned by 2185396 Ontario Inc.
Undeveloped bush/scrub and agricultural lands.
Shoreline residential development along Sturgeon
Lake. (Blythe Shore Road, Gold, Bronze, Crystal and
Silver Streets)
Rural residential, undeveloped bush/scrub and
agricultural lands
16
Report PLAN2015-070
STURGEON LAKE CLUB,
004-29-002 & 006-29-052
Page 4 of 10
Rationale:
The subject land consists of 40.24 ha. and is located on the west side of
Sturgeon Point Road and adjacent to Sturgeon Lake. See Appendix "A" attached.
Applications for zoning by-law amendment and draft plan of subdivision were
originally filed in August of 2005 byE-Landmark Corporation to permit a
residential plan of subdivision consisting of 33 residential lots with a minimum lot
area of 0.4 ha. together with parkland and environmental protection blocks. A
public meeting was held October 18, 2005 and the matter was referred back to
staff to address agency concerns regarding proposed lots in the floodplain of
Sturgeon Lake, recognition of wetland areas, stormwater management issues,
and water quality and quantity issues.
In February of 2009, IBI Group on behalf of the current owner, 2185396 Ontario
Inc. /Sturgeon Lake Club, submitted a revised draft plan of subdivision consisting
of 16 residential lots with a minimum lot area of 0.9 ha. The revised plan of
subdivision contained a 25 ha. parkland/environmental protection block and a
road widening block along Sturgeon Point Road. Access to the lots was
proposed via a common element condominium road from Sturgeon Point Road
with the maintenance to be the responsibility of the property owners within the
plan of subdivision.
The revised applications were considered by the Planning Committee on June
10, 2009 wherein they were referred back to staff as preliminary comments
identified the requirement for an official plan amendment to the Victoria County
Official Plan (VCOP) to permit the creation of 16 contiguous residential lots that
each had waterfront (Section 6.7.2). The applicant submitted an official plan
amendment for a special policy area together with a planning justification report
that supported the request. The applications were further revised and returned to
Planning Committee on April 14, 2010. Kawartha Conservation did not support
lot creation in the floodplain of Sturgeon Lake and requested that the plan be
revised to remove development from the floodplain. As a result of a subsequent
revision andre-submission, it was determined that an official plan amendment
was no longer required, as the development would be considered cluster
development in accordance with the VCOP. In addition, the following issues were
to be addressed:
1. A Lake Capacity Study be undertaken with respect to the development and
reported back to Committee. This request is no longer required as the
environmental evaluation undertaken in support of the application concluded that
the revised development would have no significant impact on the lake, sensitive
areas or the locally significant Sturgeon Lake #14 Wetland.
2. A Hydrogeological Study be conducted, at the expense of the applicant. At the
time, an Updated Hydrogeological Assessment Report was forwarded to Malroz
Engineering for peer review as they were the City's peer reviewers for the
original proposal. Comments regarding servicing are addressed later in the
report.
17
Report PLAN2015-070
STURGEON LAKE CLUB.
004-29-002 & 006-29-052
Page 5 of 10
3. Fish spawning areas at this location be reviewed. The applications were
circulated to the Department of Fisheries and at the time of drafting of the
previous report, no comments had been received. The development proposal
has been revised to ensure that the shoreline and floodplain area will now be in
common ownership under the Condominium Corporation.
4. Kawartha Conservation advised that the floodplain elevation for Sturgeon Lake
is 248.4 mASL and requested a revised site plan illustrating that the proposed
lots will not extend into the floodplain.
5. Kawartha Conservation identified engineering concerns regarding the flood
elevation, the limits of the environmentally sensitive vegetation communities
within the proposed development, and groundwater elevations with respect to
Lots 1, 3 and 13.
6. Kawartha Conservation recommended that the 30 m. wetland buffer, the
floodplain, and the watercourse buffer (i.e. 15m. from either side of the
watercourse) be zoned Environmental Protection (EP).
Since 2010, the applicant has been working to achieve a satisfactory
hydrogeological assessment for the development of the land. The City's peer
reviewer continues to be Malroz Engineering. In addition, through further
investigation of the comments and concerns raised by KRCA, it was determined
that the lots were still proposed within the floodplain and within environmentally
sensitive areas. A wetland compensation plan was submitted to KRCA and
received Board approval in late 2014. Further, the applicant introduced the
development concept of a vacant land condominium as being an alternative
development process for the property.
In May of 2015, the applications for Official Plan Amendment and Draft Plan of
Subdivision were withdrawn and the applicant is now requesting approvals of a
Zoning By-law Amendment and Draft Plan of Vacant Land Condominium (VLC).
Section 34(17) of the Planning Act permits Council to consider changes made to
a proposed zoning by-law after the holding of a public meeting and determine
whether any further notice is to be given. The applicant submitted a solicitor's
opinion that no further public meeting under the Planning Act is required. The
development proposal of creating 16 residential lots has not changed, just the
mechanism to create the lots.
As a result of the change in the development concept, the applicant took a
comprehensive approach to the resubmission and updated all the background
reports. The resubmission included the following:
1. Draft Plan of Vacant Land Condominium (VLC) prepared by TD Consulting
and dated February, 2015. The draft Plan illustrates the proposed 16 residential
units on the condominium plan. See Appendix "B" attached.
2. Draft Reference Plan prepared by Ivan B. Wallace and dated September 16,
2015. The draft Reference Plan illustrates the common elements to the VLC
which include the road, wetland blocks, passive recreation area, drainage
18
Report PLAN2015-070
STURGEON LAKE CLUB,
004-29-002 & 006-29-052
Page 6 of 10
easement and trails for controlled access to the shoreline through the sensitive
floodplain area. See Appendix "C" attached.
3. Planning Justification Report (PJR) prepared by Josh Morgan of Morgan
Planning & Development Inc. and dated March 31, 2015. The report provides the
planning justification for the development proposal in the context of provincial
legislation and the municipal framework.
4. Environmental Evaluation prepared by Niblett Environmental Associates Inc.
and dated January, 2015. The purpose of the evaluation is to assess the
potential impacts of the development on Sturgeon Lake and the locally significant
Sturgeon Lake #14 Wetland.
5. Wetland Compensation Plan prepared by TD Consulting and dated July, 2014.
The Plan received KRCA Board approval late 2014 and illustrates the wetland
area to be compensated and the wetland area to be created (within the proposed
passive recreation area). See Appendix "D" attached.
6. Updated Hydrogeological Assessment Report 2 prepared by GHD. The report
concludes that provided the sewage disposal systems are properly constructed,
the proposed residential development is expected to have a negligible impact of
the existing base-flow conditions and on the water quality of the principal aquifer
system. Further, the report concludes that the use of properly drilled wells that
are certified should be sufficient to provide ample potable groundwater while
preserving the water quality of the aquifer complex.
7. Preliminary Site Plan prepared by TO Consulting and dated December, 2014.
The Site Plan illustrates the location of building envelopes, septic systems, drilled
wells together with preliminary road and drainage channel cross sections and
preliminary grading for the wetland compensation area. See Appendix "E"
attached.
Applicable Provincial Policies:
Staff reviewed the Planning Report submitted in support of the applications and
accepts the planning rationale contained in the report with respect to the Growth
Plan for the Greater Golden Horseshoe (Growth Plan) and the 2014 Provincial
Policy Statement (PPS). The applications serve to permit residential
development that is recreational and resource based. The owners of the units will
have controlled access to the shoreline area through a trail network that will be
constructed and maintained by the Condominium Corporation in accordance with
the recommendations agreed to by the City, KRCA and the TSW and these
recommendations will form part of the Site Plan Agreement and/or Condominium
Agreement.
City of Kawartha Lakes Official Plan:
The City of Kawartha Lakes Official Plan was adopted by Council on September
19
Report PLAN2015-070
STURGEON LAKE CLUB,
004-29-002 & 006-29-052
Page 7 of 10
2 1, 201 0 and approved by MMAH on June 8, 2012. The applications were
submitted prior to the adoption of City of Kawartha Lakes Official Plan therefore.
the policies of the Victoria County Official Plan prevail.
Official Plan Conformity:
The land is designated Shoreline and Rural on Schedule "A" of the Victoria
County Official Plan and identified as containing a Sensitive Area on Schedule
"B" - Sensitive Area Mapping. Residential development is proposed within the
Shoreline designation while the passive recreation and wetland compensation
area are located within the Rural designation. The land identified as being within
the Sensitive Area of the Official Plan will be zoned Environmental Protection
(EP) to protect the sensitive features. The applicant has submitted the
appropriate background studies to demonstrate conformity with the Victoria
County Official Plan.
Zoning By-law Compliance:
The land is zoned Agricultural {A 1) on Schedule "A" of the Township of Fenelon
Zoning By-law. The applicant has requested a zoning amendment to Rural
Res idential Type One (RR1) to permit the residentia l use. The proposed lot area
and frontage maintain the development standards of the RR1 Zone. In addition ,
two Environmental Protection Exception (EP**) Zones are requested to identify
the passive recreation area which includes the wetland compensation area and
permits the private condominium road . The second EP** Zone will encompass
the entire western area adjacent to the proposed residential units. This EP**
Zone will incorporate the floodplain area, the buffer area for the Sturgeon Lake
#14 Wetland and the drainage/watercourse area between units 12 and 13 and
will permit the access trails to the shoreline. The access trails are identified as
Parts 10, 14, 16 and 18 on the draft reference plan attached as Appendix "C".
Staff also recommends that a Holding {H) provision be applied to the land until
such time that the required Site Plan Agreement and Condominium Agreement
are executed and registered on title to the property. The applicant can then apply
to have the H provision removed .
Other Alternatives Considered:
No other alternatives were considered at this time.
Financial Considerations:
There are no financial considerations unless Council's decision respecting the
approval or refusal of the zoning amendment or draft approval request of the plan
of condominium is appealed to the Ontario Municipal Board . In the event of an
appeal, there would be costs, some of which may be recovered from the
applicant.
20
Report PLAN2015-070
STURGEON LAKE CLUB,
004-29-002 & 006-29-052
Page 8 of 10
Relationship of Recommendation(s) To Strategy Map:
The City's Strategy Map outlines Council's Vision of a Community Pursuing
Prosperity, Quality of Life and a Healthy Environment. These applications align
with the Prosperity and Quality of Life priorities in that new residents will be
attracted to the City with the creation of a rural residential development that will
have access to passive recreational areas and the shoreline of Sturgeon Lake.
Review of Accessibility Implications of Any Development or
Policy:
The accessibility standards established in the Building Code will be shown on the
subsequent construction drawings, which must be approved by the City prior to
the issuance of a building permit.
Servicing Comments:
As previously noted, the applicant has been working to achieve a satisfactory
hydrogeological assessment for the development of the land. At issue, is water
quality and the requirement for water treatment, water quantity in seasonal dry
years and the water source which is from a shallow aquifer that is not well
protected (i.e. external factors such as road salt and other de-icing materials and
spills may affect groundwater). Both the applicant's Hydrogeologist and the City's
peer reviewer acknowledge the risk and advise that the risk can be mitigated
through draft plan conditions which will be incorporated into the Site Plan
Agreement and/or Condominium Agreement between the owner and the City.
Staff is recommending that Offers of Purchase and Sale include the
recommendations of the Hydrogeologist. These recommendations/conditions
include no heating oil or geothermal systems, no bulk storage or application of
herbicide/pesticide, no bulk storage of fuel, fully raised septic beds installed down
gradient of any wells, well installation by licensed well contractors and each well
to be pump tested by qualified hydrogeological personnel prior to the issuance of
a building permit and water treatment equipment on a lot by lot basis. See
Appendix "G". It is also recommended that the implementing Zoning By-law apply
a Holding provision to the property until such time that the necessary agreements
are registered on title to the property.
Development Services - Planning Division Comments:
The applications for Zoning By-law Amendment and Draft Plan of Vacant Land
Condominium conform to the Growth Plan and are consistent with the 2014
Provincial Policy Statement. Conformity with the Victoria County Official Plan has
been demonstrated. Staff respectfully requests that the applications for Zoning
By-law Amendment and Draft Plan of Vacant Land Condominium together with
21
Report PLAN2015-070
STURGEON LAKE CLUB,
004-29-002 & 006-29-052
Page 9 of 10
recommended conditions of draft plan approval be referred to Council approval
and adoption.
Attachments:
Appendix "A" - Location Map
Appendix 'A' Locatlon Map. pdf
Appendix "B"- Draft Plan of Vacant Land Condominium dated February, 2015
Appendix 'B'- Draft
Plan of vacant L:tnd <
Appendix "C"- Draft Reference Plan dated September 16, 2015
Appendix 'C' - Draft
Reference Plan. pdf
Appendix "D"- Wetland Compensation Plan dated July, 2014
Appendix 'D' •
Wetland Cornpensatie
Appendix "E"- Preliminary Site Plan dated December, 2014
Appendix 'E' Prelirrinary Site Plan.,
Appendix "F11 - Draft Zoning By-law
Appendix 'F' - Draft
ZOning By-law. pdf
22
Report PLAN2015-070
STURGEON LAKE CLUB,
004-29-002 & 006-29-052
Page 10 of10
Appendix "G" - Proposed Draft Plan Conditions
Appendix 'G' Proposed Draft Plan<
Phone: 705-324-9411 ext. 1331 or 1-888-822-2225 ext. 1331
E-Mail: [email protected]
Department Head: Acting Director of Development Services, Juan Rojas
Department Files: 004-29-002 and 006-29-052
23
APPENDIX "
A
"
to
Location Map
'GEOGRAPHIC
TOWNSHIP OF
VERULAM'
Other land
owned by
applicant
t .
Sturgeon
Lake
N
+
24
0
125
250
500 MeteB
~
Q
z
w
0...
CL
c(
BLOCK 1
RECEIVED
~
0
0
cc
0
a:
r
STURGEON LAKE CLV8
PART" OF lOlS tl ~ 1a_
COf~CESSICtt tO, AND PART Of \.OT 17,
z
AUG 2 4 2015
Ll
City of Kawattlla La~es
Developm~nt Services
Planning Division
w
_J
CL
UJ
0.184hQ.
CITY OF KAWARTHA I..AJ<ES
DRAFT PLAN OF VACANT
LAND CONDOMINIUM
CONCE.SSI:IH 11
G'EOG=tAoPHIC TOWJ'~$HIP OF FENE1.0/Il
<:r"'Of.KAWARJ'lol.A.l.A'<iS
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28
APPENDIX II
to
-----•
THE CORPORATION OF THE CITY OF KAWART~Ai.AKES I} ... 1 ~A
t.PORT ..fLII"~oolfj - Cf]p
•
BY-LAW 2015-
tj. 9 ~ O?Q
t;
IL
- ~~o~
A BY-LAW TO AMEND THE TOWNSHIP OF FENELON ZONING BY·LAW NO. l"2:g
TO REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File 006-29-052, Reports PLAN2005-167, DEV2009-047, DEV2010-027 and
Pl.AN2015-070 respecting Part Lo1s 17 and 18, Concession 10 and Part Lot 17,
Concession 11, geographic Township of Fenelon, and being vacant land on Sturgeon
Point Road- 2185396 ONTARIO INC.ISTURGEON LAKE CLUB]
Recitals:
1.
Section 34 of the Pfenning Act authorizes Council to determine the appropriate
zoning categories and provisions assigned to land.
2.
Council has received an application to amend the categories and provisions
relating to a specific parcel of land to permit a 16 unit residential plan of vacant
land condominium together with common element areas for passive
recreation/par1dand and environmental protection.
3.
A public meeting to solicit public input has been held.
4.
Council deems It appropriate to rezone the Property.
Accordingly, the Council of The Corporation of the Clly of Kawartha Lakes
enacts this By-law 2015·_.
ISection 1:00 Zoning Details
1 .01
Property Affected: The Property affected by this by-law is described as the
Part of Lots 17 and 18, Concession 10 and Part of Lot 17, Concession 11 ,
geographic Township of Fenelon, now City of Kawartha lakes, being vacant
land on Sturgeon Point Road.
1.02
Textual Amendment: By-law No. 12-95 of the Township of Fenelon is further
amended by adding the following sections to Section 5.3:
5.3.6
ENVIRONMENTAL PROTECTION EXCEPTION SIX HOLDING
(EP-6(H) Zone
Notwithstanding the permitted uses in Section 5.1 , on land zoned EP-6(H)
no boat ramps, boathouses or dredging is pennitted although the EP-6(H)
Zone shall permit recreational trails.
On land zoned EP·6(H), the removal of the {H) shall be in accordance with
the following:
a) The owner shall enter into a site plan agreement and a
condominium agreement with the City for any development on the
land.
5.3.6
ENVIRONMENTAL PROTECTION
HOLDING (EP-7(H) Zone
EXCEPTION
SEVEN
Notwithstanding the permitted uses in Section 5.1, land zoned EP-7(H) shall
permit a private condominium road and include a KRCA approved wetland
compensation area.
On land zoned EP-7(H), the removal of the (H) shall be in accordance with
the following:
29
·
b) The owner shall enter into a site plan agreement and a
land.
On land zoned RR1(H), the removal of the (H) shall be In accoo:lance with
the following:
c) The owner shall enter into a site plan agreement and a
land .
1.03
Schedule Amendment:
Schedule 'A' to the Township of Fenelon
Zoning By-law No. 12·95 is further amended to change the zone category
from the Agricultural (A1) Zone to Rural Residential Type One Holding
(RR1(H), Environmental Protection (EP), Environmental Protection Exception
Six Holding (EP·6(H) and Environmental Protection Exception Seven Holding
(EP-7(H) Zones, for the land referred to as 'RR1(H)', 'EP', 'EP-6(H)', and 'EP·
7(H)'.
I Section 2:00 Effective Date
2.01
Effective Date: This By-law shall come into force and take effect on the date it
is finally passed, subject to the provisions of Section 34 of the Planning Act.
By-la w read a first, second and third time, and finally passed, this •• day of December,
2015.
Andy Letham, Mayor
Judy Cunins, City Clerk
30
THE CORPORATION OF THE CITY OF
KAWARTHA LAKES
THIS IS SCHEDULE 'A' TO BY-LAW _
THIS _
MAYOR _ _ __
_
DAY OF -
____
_
_ _ PASSED
- - - - 2015.
CITY CLERK - - - - - - -
Geographic Township
of Fenelon
Con. 11
Lot18
E
C\l
3
L..
Q)
>
LO
~
0
.Q-
"C
EP-7(H)
ro
0
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c
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Iu
·-c.
Lot 17
~
~
C'l
0
Q)
C)
EP-7(H)
...
'U
0::
c::
·o
Sturgeon
Lake
0..
c
0
(1)
~
Lot 16
31
::J
.....
(j)
Draft Plan o1 Vacant Land Conditions
2185396 Ontario Inc./Sturgeon Lake Club
1scoogsos.A~~~j5(.oo2
/"::.'
t..1
•
CONDITIONS OF DRAFT PlAN APPROVAL· 2185396 ONTARICiaNC.
GENERAL CONDITIONS
1. This approval applies to the draft plan of vacant land condorl)lr.t)4fi116CD- l\ot.f
09505 for Part of lots 17 and 18, Concession 10 and Part of'll0tl:4f;JO.
f:::0lp
Concession 11, in the geographic Township of Fenelon, now in the City of
Kawartha Lakes, prepared by TD Consulting, Drawing Number DP-1, dated
February. 2015, which shows 16 units to be registered as a vacant land
condominium corporation owning and sharing the use of the roadway, a
passive recreation area, a wetland compensation area, and environmentally
protected areas which include trails to the shoreline of Sturgeon Lake on the
adjacent balance of the 32.73 ha. of land owned by the owner and described
as Parts 2 to 20 both inclusive on a draft reference plan prepared by Ivan B.
Wallace. OLS and dated September 16,2015.
2. All conditions shall be fulfilled and satisfied, and final approval shall be given
or this draft plan approval shall lapse after three (3) years from the date the
Notice of Decision is sent out with respect to this draft approval.
3. The City reviews the vacant land condominium description plan for final
approval before it is registered.
4. Prior to the signing of the final plan by the Director, a Site Plan Agreement
shall be entered into and executed by the owner and the City to satisfy all
financial, legal, and engineering matters, including the design, provision and
installation of roads, illumination, tree plantings, walkways, daylight triangles.
road signs, stonnwater management facilities and drainage works, and all
recommendations contained in related technical reports approved by the City.
5. Prior to the signing of the final plan by the Director, a Condominium
Agreement shall be entered Into and executed by the owner and the City to
satisfy all conditions, financial and otherwise of the City of Kawartha Lakes.
6. The owner agrees, in wnting, to the registration of the Condominium
Agreement against the land to which it applies once the plan of vacant land
condominium has been registered.
7. All Agreements of Purchase and Sale shall contain those provisions identified
in the Condominium and/or Site Plan Agreement.
8. The vacant land condominium corporation's Declaration and Rules shall
contain those prohibitions and provisions identified in the Site Plan
Agreement.
9. The roadway shall be named to the satisfaction of the City.
1o. Civic addressing shall be assigned on the basis of units being registered in
the future, to the satisfaction of the City, and that the assignment of civic
addressing be included in the Site Plan Agreement.
ZONING
11. Prior to the signing of the final plan by the Director. the Planning Division shall
confirm that any amendment to the Zoning By-law necessary to implement
this plan has been approved and is in effect.
12.An Ontario Land Surveyor shall confirm that the proposed lot frontages and
areas appealing on the final plan confonn to the requirements of the
Township of Fenelon Zoning By-law.
SITE SERVICING
13. The Condominium Agreement contain wording acceptable to the City,
wherein the owner agrees that any abandoned wells shall be
decommissioned in accordance with the MOECC regulations and the
requirements of the Ontario Water Resources Act under Ontario Regulation
903.
32
--~!:~2.2...
-, v;..~._
Draft Plan of Vacant Land Conditions
2185396 Ontario lrte./Sturgeon Lake Club
16CD09505, File No. 004-29-002
14. The Condominium Agreement contain wording acceptable to the City,
wherein the owner agrees to the following:
a} No heating oil and geothermal heating/cooling systems are permitted;
b) No bulk storage or application of herbicide/pesticide are permitted:
c) No bulk storage of fuel is permitted;
d) No bulk storage of road de-icing materials are permitted and application of
de-icing materials should be conducted with best management practices;
e) Fully raised septic system beds are to be installed a minimum of 30m.
down gradient of any wells with less than 6 m. of sealed casing and 15m.
down gradient of any wells with 6 m. or more of sealed casing. Down
gradient is located on the lake side {west side} of the Lots. Wells should
be installed on the east side of the Lots.
f) Decommissioning of wells due to poor water quality encountered in the
wens by a licenced well contractor In accordance with Ontario Regulation
903 of the Ontario Water Resources Act. This includes test wells TW-1
and TW-3 and piezometers that are to be abandoned when no longer
needed.
g) Wells are to be installed by a person under the employment of a licenced
wen contractor in accordance with Ontario Regulation 903 of the Ontario
Water Resources Act. Drilled wells into the underlying bedrock are
suitable for the water supply for the proposed residential dwellings.
Shallow (<3m.) wells in the overburden materials are not suitable. Wells
are to be at least six metres deep, unless the only useful aquifer available
necessitates a shallower well, in which case the person constructing the
well shall ensure that the well is at least three metres deep. The person
constructing the well shall ensure that any annular space, other than
annular space surrounding a well screen, is sealed to prevent any
movement of water, natural gas, contaminants or other material between
subsurface formations or between a subsurface formation and the ground
surface by means of the annular space.
h) Each constructed well should be pump tested by qualified hydrogeologic
personnel prior to issuance of a building permit. The following items
should be included in the pump test:
i} Each well must be developed by conventional techniques to obtain a
minimum of 70% efficiency.
ii) Before completion of the well test a water sample must be collected
and analysed by an accredited laboratory for a general water
chemistry package plus Total Coliform, E.Coli and Fecal Coliform
and UV Transmittance and compared to the O.D.W.S.
iii) During the pump tests water levels of surrounding wells should be
measured and an assessment of interference completed to assess
negative impacts to onsite and off-site wells.
iv) Recommend water treatment equipment on a lot by lot basis.
v) A summary letter report for each lot detailing the well construction,
pump test data, well interference assessment, water quality analysis,
an assessment of the potential for season water level fluctuations
and recommendations for water treatment.
15. The Site Plan Agreement and/or Condominium Agreement contain wording
acceptable to the City, wherein the owner acknowledges that all sewage
systems will be constructed as fully raised Class 4 sewage systems and in
accordance with the recommendations contained in the Updated
Hydrogeological Assessment Report prepared by Geologic and dated
February, 2015. The sewage systems will include but are not limited to the
following:
33
Draft Plan of Vacant Land Cood~ions
1
16CD09505, File No. 004-29-002
a) Organics are to be stripped from the entire sewage system
envelope
b) The exposed subgrades below the tile bed should be trimmed and
scarified, and provided with a 0.5% slope In the direction of the
mantle;
c) Sewage systems are to be installed as fully-raised type beds to a
minimum of 1m. above original grade;
d) Sewage systems are to be installed with a 15 m. mantle provided in
the direction of effluent flow horizontally;
e) The sewage system should be kept clear of surface drainage
swales. roof leader drains, and other sources of surface water; and
f) The sizing of the tile bed will allow for the construction of a single
family dwelling only.
g) Sand fill with a percolation rate of 10 minutes per em is to be
imported in the leaching bed area for construction of the sewage
systems; and
h) A constructed loading rate area with a minimum 15m. mantle in the
direction of effluent flow horizontally from the last pipe of the
leaching bed is to be provided on each property and must be
maintained clear of structures, driveways, etc.
16.The Site Plan Agreement and/or Condominium Agreement will include a lot
plan that defines the location of the dwelling, well and sewage system and the
area of the defined sewage system must allow for a minimum 3000Liday total
daily sewage flow.
17.An overall lot grading and drainage plan shall be prepared to the satisfaction
of the Engineering Department and shall be Incorporated Into the
Condominium Agreement, the plan shall also conform to the overall lot
grading and drainage plan prepared for the Condominium Agreement.
NEW AND EXPANDED PUBLIC ROADS
18.The owner shall convey to the City, at no cost, the land comprising daylighting triangles and a 3.05 metre widening, as shown on the draft plan
prepared by Ivan B. Wallace and dated September 16, 2015. Such land to be
free and clear of all encumbrances. These lands shall be dedicated as public
highways.
19. The owner shall provide for the design and construction of the proposed new
streets and any alterations required to existing streets, at no cost to the City.
20. The Site Plan Agreement and/or Condominium Agreement between the
owner and l.tle City contain a provision that the owner and future
Condominium Corporation will not request or expect that City resources will
be used to maintain the common element road and such maintenance of the
road is the responsibility of the owner and future Condominium Corporation.
21. The owner and the future Condominium Corporation shall enter into a license
agreement with the City over portions of the road allowance between
Concessions 10 and 11, in the geographic Township of Fenelon and adjacent
to Part Lots 17 and 18. for the sole purpose of foot traffic only to utilize the
trail network over a common area owned by the future Condominium
Corporation.
22. The license agreement will renewal annually and will require that the future
Condominium Corporation improve the designated areas only as outlined in
the agreement. That these areas will be maintained at the expense of the
future Condominium Corporation and that the corporation will provide a
Certificate of Insurance annually to the City for the utility of the road. Further,
this agreement does not allow exclusive use to the future Condominium
Corporation for the parts indicated in the agreement and there will be no
34
16CD09505, File No. 004-29-002
registration on title of the agreement as the future Condominium Corporation
will not be granted a registered interest In our property.
CONVEYANCE OF LANDS FOR MUNICIPAL PURPOSES
23. The owner shall convey Block 1 to the City free and clear of encumbrances
for a road widening.
PARKLAND
24. The owner agrees that the City, pursuant to subsection 51.1 {3) of the
Planning Act, ac~pts payment in lieu of the 5% conveyance of parkland. For
the purpose of determining the amount of any such payment, the value of the
land shall be determined by an accredited appraiser. The date of this
appraisal shall be no later than the day before the date of the notice of
decision to grant draft plan approval or the date of the most recent extension
pursuant to subsection 51(33) of the Planning Act, to the approval of the draft
plan of vacant land condominium. The City is not required to accept the
appraisal report and reserves the right to have the appraisal report peer
reviewed and to negotiate the cash-in-lleu payment.
ENVIRONMENTAL CONDITIONS AND STORMWATER MANAGEMENT
25. The Site Plan Agreement and/or Condominium Agreement between the
owner and the City contain the following provisions. in wording acceptable to
the City and Kawartha Conservation:
a) No development and/or site alteration take place within common element
areas along the shoreline (i.e., Parts 9, 11, 12, 13, 15, 17, 19, and 20 on
the draft reference plan prepared by Ivan B. Wallace and dated
September 16, 2015) with the exception of works required to establish a
water access trail network as illustrated on the same draft reference plan
(i.e .. Parts 10. 14, 16, and 18}.
b) Prior to any site alteration, construction, or final approval of the Plan. the
owner shall provide a plan for physical demarcation (e.g., fencing,
landscaping stone, etc.) of the common element areas that are to be
protected from development to the satisfaction of Kawartha Conservation.
c) Development adheres to all of the recommendations provided within the
Environmental Evaluation prepared by Niblett Environmental Associates
Inc. and dated January, 2015.
d) The Proposed Wetland Compensation Plan (2014) contained in Appendix
Ill of the Environmental Evaluation prepared by Niblett Environmental
Associates Inc. (2015) be implemented on-site by a qualified
Environmental Professional prior to any construction taking place on units
9 through 16 on the Draft Plan.
e) Prior to any site alteration, construction, or final approval of the Plan, the
owner shall provide a monitoring and maintenance plan for the wetland
compensation area (i.e., Part 3 on the draft reference plan) to Kawartha
Conservation for review and approval. This plan should: (1) be prepared
by a qualified professional; (2} demonstrate how the wetland will be
maintained and monitored following its construction to ensure
establishment; (3) include indicators of successful and unsuccessful
wetland establishment: and (4) include a plan for restoration and/or
enhancement measures to be applied in the event that the wetland
establishment is unsuccessful.
f) Prior to any site alteration, construction, or final approval of the Plan. the
owner shall provide a detailed design submission (report) for the proposed
stormwater management (SWM) strategy prepared by a qualified
Professional Engineer in accordance with the applicable standards and
guidelines to the satisfaction of the Kawartha Conservation.
35
16C009505, File No. 004·29-002
Note: Kawartha Conservation supports a LID (low impact development)
treatment train approach for SWM, in accordance with provincial policy
(i.e., Policy 1.6.6. 7 of the 2014 Provincial Policy Statement). As such, we
strongly encourage the implementation of source and conveyance controls
in the detailed SWM design.
The 2010 "Low Impact Development Stormwater Planning and Design
GuideH developed by Credit Valley Conservation and Toronto and Region
Conservation Authority is a useful resource when considering LIDs.
g) Prior to final approval, the owner shall submit a phosphorous assessment
prepared by a qualified professional identifying pre-development loadings.
anticipated post-development loadings, and opportunities for phosphorous
reduction (e.g., best management practices for stormwater management)
to Kawartha Conservation for review. This assessment should endeavour
to quantify best efforts in terms of striving to achieve no net increase from
pre-development levels and may form part of the detailed SWM report.
Note: The Sturgeon Lake Management Plan, completed in 2014 by
Kawarlhe Conservation in partnership with the City of Kawarlha Lakes
speaks to reducing phosphorus loading to Sturgeon Lake by 23% to
achieve loads of approximately 8, 500 kg/year. New developments which
result in increased phosphorus loadings hinder the ability to accomplish
this goal. Thus it is important that every new development make eve!Y
effort to reduce phosphorus loading from pre-development levels, or at a
minimum, strive to achieve no net increase from pre-development levels to
post-development levels.
h) Prior to any site alteration, construction, or final approval of the Plan, the
owner shall provide a detailed channel realignment design for the
watercourse traversing through units 12 and 13 on the Draft Plan. This
design must be prepared by a qualified Professional Engineer to the
satisfaction of the Kawartha Conservation and include the following
components:
•
•
•
i)
sufficient hydraulic capacity (Including freeboard) to safely convey all
flows to the lake;
use of erosion protection, if required; and,
natural channel design elements.
Prior to any site alteration, construction, or final approval of the Plan, the
owner shall provide a sediment and erosion control plan prepared by a
qualified professional In accordance with the applicable standards and
guidelines to the satisfaction of the Kawartha Conservation. The plan
should detail the measures that will be implemented before, during and
after construction to minimize soil erosion and sedimentation. To reduce
potential post construction slope failures and/or erosion effects, the
sediment and erosion control plan should also include measures for re·
vegetation of disturbed soils immediately following site disturbance.
Note: Kawartha Conservation supports a proactive mulff·barrier approach
to erosion and sediment control, with emphasis on erosion control rather
than solely relying on sediment control measures (e.g., silt fence). For
detailed design submlss;on requirements, the owner should refer to the
Greater Golden Horseshoe (GGH) Area Conservation Authorities' 2006
"Erosion and Sed;ment Control Guideline for Urban Construction':
j)
The finished floor/lowest opening elevations of all buildings be elevated at
least 0.3 metres above the flood plain elevation of Sturgeon Lake of 248.4
metres above sea level (mASL).
k)
Prior to any site alteration. construction, or final approval of the Plan, the
owner shall provide detailed lot grading plans to the satisfaction of
Kawartha Conservation consistent with the proposals for SWM (including
phosphorous reduction measures), sediment and erosion control, channel
realignment, physical demarcation of the common element areas along
the shoreline, and wetland compensation. These plans will need to clearly
identify the volume and nature of any imported fill material.
36
Draft Plan of Vacant land Coodltions
16CD09505, File No. 004·29.002
I)
In the event that fill required for the development exceeds 500 cubic
metres within areas regulated pursuant to Ontario Regulation 182106
(Kawartha Conservation: Regulation of Development, Interference with
Wetlands and Alterations to Shorelines and WaterCOul'$eS) on the subject
property, the Owner shall provide a fill management plan to ensure
suitable quality of all imported fill material to the satisfaction of Kawartha
Conservation ptior to any site alteration, construction, or final approval of
the Plan.
m) The owner agrees to implement all measures identified in the
reports/plans referenced above. Once deemed satisfactory, these
reports/plans should be referenced in the agreements;
n) The owner agrees to implement all of the mitigation measures and
recommendations outlined in section 9.0 of the Environmental Evaluation
developed by Niblett Environmental Associates Inc. and dated January
2015;
o) The owner agrees to implement the Proposed Wetland Compensation
Plan (2014) contained in Appendix Ill of the Environmental Evaluation
prepared by Niblett Environmental Associates Inc. (2015}:
p) The owner agrees to employ all stormwater management. erosion and
sediment control structures in a functional manner prior to site disturbance
and maintain these structures operating in good repair during and after the
construction period, until such time as all disturbed soils surfaces have
become stabilized and/or revegetated.
OFFER OF PURCHASE AND SALE AGREEMENT CLAUSES
26. That the Site Plan Agreement and/or Condominium Agreement shall contain a
provision that states that the owner, agrees that each Offer of Purchase and
Sale Agreement shall contain the following clauses:
a) Sewage systems require a building permit prior to development and all
sewage systems must comply with the Ontario Building Coda.
b)AII sewage systems will be constructed as fully raised leaching beds with
the extended loading rate area and mantle provided in the direction of flow
horizontally across the natural slope.
c) The report prepared by Geo-logic Inc. entitled, Hydrogeologic Assessment
Report dated December 2008 and all supplementary addenda and updated
reports including the Updated Hydrogeologic Assessment dated February,
2015 will be made available to lot purchasers by the vendor/developer as a
guide to development.
d) Wells should be located and constructed in accordance with the
recommendations of the above noted hydrogeological reports and updates
and the approved site development plan.
e) Supervision of well construction by the proponent's hydrogeological
consultant is required to ensure that wells are constructed In accordance
with the recommendations of the hydrogeological report. Failure to
construct wells according to the hydrogeological report may result in
unacceptable water quality.
f) Each constructed well should be pump tested by qualified hydrogeologic
personnel prior to issuance of a building permit. The following items should
be included in the pump test:
i. Each well must be developed by conventional techniques to
obtain a minimum of 70% efficiency.
ii. Before completion of the well test a water sample must be
collected and analysed by an accredited laboratory for a
general water chemistry package plus Total Coliform. E.Coll
and Fecal Coliform and UV Transmittance and compared to
the O.D.W.S.
37
L;~ke Club
16CD09505, File No. 004-29-002
2185396 Ontario Inc./Sturgeon
iii. During the pump tests water levels of surrounding wells
should be measured and an assessment of interference
completed to assess negatiVe impacts to onsite and off-site
wells.
iv. Recommend water treatment equipment on a lot by lot basis.
v. A summary letter report for each lot detailing ltle well
construction, pump test data, well interference assessment,
water quality analysis, an assessment of the potential for
season water level fluctuations and recommendations for
water treatment.
g) Purchasers, builders and other persons with an interest in the property are
advised that the approved site development plan is to be followed in
locating buildings, wells and sewage systems. Conformity with this plan will
be required at the time of development.
h) Heating oil and geothennal cooling/heating systems are not permitted in this
Condominium development.
EASEMENTS AND AGENCY SPECIFIC CONDITIONS
27. That such easements as may be required for utility anci/or drainage purposes
shall be granted to the appropriate authority.
28. That satisfactory arrangements, financial and otherwise, shall be made with
Bell Canada for any Bell underground facilities serving the subdivision.
29. That the owner agrees in the Condominium Agreement with the City to grant
Bell Canada any easements that may be required for telecommunication
purposes.
30. That if there are any conflicts with existing Bell Canada facilities or
easements. the owner/developer shall be responsible for rearrangements or
relocation.
31. That owner shall agree in the Condominium Agreement. in words satisfactory
to Bell Canada, to grant to Bell Canada any easements that may be required
for telecommunication services. Easements may be required subject to final
servicing decisions. In the events of any conflict with existing Bell Canada
facilities or easements, the owner/developer shall be responsible for the
relocation of such facilities or easements.
32. The owner is hereby advised that prior to commencing any wort< within the
Plan, the owner must confirm that sufficient wire-line
communication/telecommunication Infrastructure is currently available within
the proposed development to provide communication/telecommunication
service to the proposed development. In the event that such Infrastructure is
not available, the owner is hereby advised that the owner may be required to
pay for the connection to and/or extension of the existing
communication/telecommunication infrastructure. If the owner elects not to
pay for such connection to and/or extension of the existing communication I
telecommunication infrastructure, the owner shall be required to demonstrate
to the municipality that sufficient alternative
communication/telecommunication facilities are available within the proposed
development to enable, at a minimum, the effective delivery of
communication/telecommunication services for emergency management
services (i.e., 911 Emergency Services).
33. That prior to the signing of the final plan by the Director, the owner shall
satisfy all requirements, financial and otherwise, of the Hydro One Networks
Inc.
34. That the owner enters into a Condominium Servicing Agreement for Electrical
Servicing with Hydro One Networks Inc. This Servicing Agreement will
specify all the terms, conditions, and financial obligations to facilitate the
extension of electrical servicing to these lands. Hydro One may as part of its
Electrical System Servicing Agreement, require a type of Development
38
16CD09505, File No. 004-29-002
Charge or Systems Capital Contribution Fee towards the provision of
system(s) capacities expansion outside of the development but necessary to
ensure the integrity of the Company's Power distribution grid.
35. The Owner will consult with Canada Post to determine suitable permanent
locations for the Community Mail Boxes. The Owner will then indicate these
locations on the appropriate seiVicing plans.
36. The Owner agrees, prior to offering any Blocks, Lots, dwellings, commercial
units for sale, to display a map on the wall of the sales office in a place readily
accessible to potential homeowners that indicates the location of all
Community Mail Boxes within the development, as approved by Canada Post.
37. The Owner agrees to include in all offers of purchase and sale a statement
which advises the purchaser that mall will be delivered via Community Mail
Box. The Owner also agrees to note the locations of all Community Mail
Boxes within the development /subdivision, and to notify affected
homeowners of any established easements granted to Canada Post to permit
access to the Community Mail Box.
38. The Owner will provide a suitable and safe temporary site for a Community
Mail Box until curbs, sidewalks and final grading are completed at the
permanent Community Mall Box locations. canada Post will provide mail
delivery to new residents as soon as the dwellings I units are occupied.
39. The OWner agrees to provide the following for each Community Mail Box site
and to include these requirements on the appropriate servicing plans:
a) any culvert and granular access subject to municipal requirements;
b) any required walkway across the boulevard, per municipal standards:
and
c) any required curb depressions for wheelchair access, with an opening
of at least two metres (consult Canada Post for detailed specifications).
40. The Condominium Agreement between the owner and the City contain the
following provisions, in wording acceptable Trent Severn Waterway
a) A 30m. vegetative buffer zone shall be established and maintained
along the water and wetland boundaries. Within this zone, no
disturbance of soil mantle and vegetation is permitted. Application of
pesticides or fertilizers is not permitted within the 30 m. buffer zone.
b) Any trails through the floodplain to access the shoreline must be limited
to a width of no more than 2m. and surfaced with wood chips or other
permeable materials. Paths should not be linear and their creation
must not involve any removal of vegetation from the buffer area.
c) No storage of vehicles or stockpiling of materials Is permitted within 30
m. of the wetland and shoreline.
d) No removal of debris and vegetation, including fallen trees and stumps,
from the shoreline or the water is permitted.
a) All in-water and shoreline works require an approved wori< permit from
the Trent-Severn Waterway Office of Parks Canada before work can
commence. All proposed in-water and shoreline works must adhere to
Pari<s Canada's Policies for tn-Water and Shoreline Works and
Related Activities. Boathouses, boat ramps and dredging are not
permitted. Application for a dock or shoreline stabilization/alterations
will be reviewed to ensure protection of shoreline spawning areas for
walleye and smallmouth bass.
41. The owner shall carry out an Archeological Assessment of the subject
property and mitigate, through preseiVation or resource removal and
documentation, adverse impacts to any significant archeological resources
found. No grading, related to preparation of the site for the draft plan of
subdivision, shall take place on the subject property prior to the approval
authority and the Ministry of Culture confirming that all archeological resource
concerns have met licensing and resource conservation requirements.
39
16CD09505, File No. 004-29-002
SPECIAL CONDITIONS
42. Subsequent to the execution of the Condominium Agreement by the owner
and prior to the signing of the final plan by the Director, the City Treasurer
shall confirm in writing to the Director that all financial obligations and
payments to the City, as set out in the Condominium Agreement, in
accordance with condition 3, have been satisfied including. but not limited to:
a) all applicable Development Charge payments in accordance with the
requirements of all applicable Development Charge By-laws,
b) all applicable Capital Charge payments In accordance with the
requirements of all applicable Capital Charge By-laws,
c) all applicable Local Improvement payments in accordance with the
requirements of all applicable Local Improvement By-laws,
d) all applicable fees payable in accordance with the requirements of all
applicable municipal by-laws, including fee by-laws,
e) the form and amount of the securities that the owner is required to have
posted to secure its obligations under the Condominium Agreement,
including the identification of any reduction in such securities that has
already been incorporated into the Condominium Agreement,
f} where there has bean such a reduction in such securities, a Statutory
, Declaration submitted on behalf of the owner confirming payment of all
accounts for material. labour and equipment employed In the installation
of the services on whose completion such reduction has been computed
and applied, and
g) any financial obligations with which the owner's compliance has been
deferred or from which the owner has been exempted pursuant to the
terms of the Condominium Agreement.
It is acknowledged that prior to the signing of the final plan by the Director, a
copy of the Condominium Agreement will be forwarded to Planning
Committee for endorsement which will include a Planning Report along with
the financial reporting as outlined above.
CLEARANCE CONDITIONS
43. Prior to the signing of the final plan by the Director, the owner will ensure that
clearance letters from the appropriate authorities have been submitted to the
Planning Division so as to confirm how conditions 1 to 42 have been satisfied.
44. Prior to the signing of the final plan by the Director, the Development
Services Division shall confirm that conditions 1 to 16, 21, 22, 25 and 26
have been satisfied.
45. Prior to the signing of the final plan by the Director, the Engineering
Department shall confirm that conditions 17, 18, 19, 20, 23,25 and 27 have
been satisfied.
46. Prior to the signing of the final plan by the Director, the owner shall provide to
the Planning Division a clearance latter from the Taxation and Revenue
Division indicating how condition 42 has been satisfied.
47.Prior to the signing of the final plan by the Director. the owner shall provide to
the Planning Division a clearance letter from the Community Services
Division indicating how condition 24 has been satisfied.
the Planning Division a clearance letter from the Public Works Division
indicating how conditions 18. 19. 20 and 23 have been satisfied.
the Planning Division a clearance letter from the Kawartha Region
Conservation Authority indicating how condition 25 has been satisfied.
40
Draft Plan of Vacant Land Cooditions
16C009505, File No. 004-29..002
the Planning Division a clearance letter from the Trent-Severn Waterway
(Parks Canada) indicating how condition 40 has been satisfied.
51. Prio( to the signing of the final plan by the Director, the owner shall provide to
the Planning Division a clearance letter from the Ministry of Culture,
Tourism & Sport indicating how condition 41 has been satisfied.
the Planning Division a clearance letter from Bell Canada indicating how
conditions 28, 29, 30, 31, and 32 have been satisfied.
the Planning Division a clearance letter from the Canada Post Corporation
Indicating how conditions 35, 36, 37, 38, and 39 have been satisfied.
the Planning Division a clearance letter from Hydro One Networks Inc.
indicating how conditions 33 and 34 have been satisfied.
NOTES TO DRAFT PLAN APPROVAL of 16CD-09505 (004-29.002)
1.
Clearance Letters
It is the Owner/applicant's responsibility to fulfill the conditions of draft
approval and to ensure that the required clearance letters have been
forwarded by the appropriate agencies I utility companies to the City of
Kawartha Lakes to the attention of the Director of Development Services
quoting the above noted file. For your information the following are the
contacts:
Ron Taylor, Director
Development Services
City of Kawartha Lakes
180 Kent Street West,
Lindsay, ON K9V 2Y6
Tel: 705.324.9411 , ext. 1239
Fax: 705.324.4027
Juan Rojas
Manager of Engineering
Public Works Department
12 Peel Street,
Lindsay, ON K9V 3L8
Tel: 705.324.9411 ext.1151
fax: 705.328.3122
Brian Robinson, Director
Public Works Division
12 Peer Street,
Lindsay, ON K9V 3L8
Tel: 705.324.9411 ext. 1143
Fax: 705.324.3122
John Bellman, Manager
Bell Canada
Right Of Way Control Centre
100 Borough Drive, Floor 5
Scarborough, ON M1 P 4W2
41
Craig Shanks, Director
Community Services Department
50 Wolfe Street,
Lindsay, ON K9V 2J2
Tel: 705.324.9411 ext. 1307
Fax: 705.324.2051
Mark Pankhurst, Fire Chief
Kawartha lakes Fire Rescue
Service
9 Cambridge Street North,
Lindsay, K9V 4C4
Tel: 705.324.5731
Fax: 705.878.3463
Dan Bernie (Fenelon Falls)
Hydro One Networks Inc.
913 Crawford Drive,
Peterborough, ON K9J 3X1
Mark Majkrowski
Kawartha Region Conservation
Authority
277 Kenrei Road, R.R. #1
Lindsay, ON K9V 4R1
16CD09505, File No. 004-29..002
Diana (DeDe) Adamowicz
Delivery Planning Officer
Canada Post Corporation
41 Temperance Street, Suite 207
Bowmanville, ON L1C 3AO
2.
Conveyances and 0.3 m. Reserves
If land is to be conveyed to the City we suggest that the description ot such
parcels shall be by reference to either the Lot or Block on the Registered
Plan or by Part on a Reference Plan of survey.
We further require the owner give to the City an undertaking to deposit with
the Clerk a properly executed copy of the conveyance concurrent with the
registration of the final plan, as signed by the Director.
If a 0.3 m. reserve Is required along the side of either an existing or
proposed road allowance, the 0.3 m. reserve shall be placed inside the
public road allowance- eg. the final public road allowance would be 20.1
m. and be comprised of two (2) parts, the 19.8 m. wide road allowance and
the 0.3 m. reserve. The latter would be deeded to the City in trust.
3.
lands Required to be Registered under land Titles Act
We suggest that you make yourself aware of section 144 of the Land Titles
Act and subsection 78(10) of the Registry Act. Subsection 144(1) of the
land Titles Act requires that a plan of subdivision of land that is located In a
land titles division be registered under the land Titles Act. Exceptions to
this provision are set out in subsection 144(2). Subsection 78(10) of the
Registry Act requires that a plan of subdivision of land that Is located only in
a registry division cannot be registered under the Registry Act unless that
title of the owner of the land has been certified under the Certification of
Titles Act. Exceptions to this provision are set out in clauses (b) and (c) of
subsection 78(10).
4.
Sewage Works
Approvals for sewage systems are required under the Building Code Act,
1992 as amended and the Ontario Building Code 332/12.
5.
Water Works
Approvals for on site water are required under the Ontario Water Resources
Act.
6.
Clearance of Conditions
A copy of the Site Plan Agreement and Condominium Agreement should be
sent to public bodies with conditions covered under the Agreements. This
will expedite clearance of the final plan. Please do not send a copy to the
Min istry of Municipal Affairs and Housing.
42
THE CORPORATION OF THE CITY OF KAWARTHA LAKES
Planning Gommittee Report
Report Number ENG2Oí
5-01 5
Date:
Time:
December 2,2015
1:00 p.m.
PIace: Council Chambers
Ward Community ldentifier: 12
Subject:
Assumption of Churchdown Gardens: Gity of Kawartha Lakes
Development Engineering
Author/Title: Christina Sisson, Supe
s¡ nature:
Recommendation(s):
RESOLVED THAT Report ENG2015-015, "Assumption of Churchdown
Gardens Subdivision, Gity of Kawartha Lakes", be received;
THAT the Assumption of Churchdown Gardens Subdivision, City of Kawartha
Lakes, be approved;
THAT an Assumption By-Law, substantially in the form attached as Appendix
"A" to Report ENG2015-015 be approved and adopted by Council; and
THAT the Mayor and Clerk be authorized to execute any documents and
agreements required by the approval of this application.
Department Head:
Gorporate Services Director / Other:
Ghief Administrative Officer:
43
Repoñ ENG2015-015
Assumption of Churchdown Gardens Subdivision
Page 2 of 5
Backg rou nd:
a Subdivision Agreement with
Churchdown Gardens lnc. for the subdivision known as Churchdown Gardens in
the summer of 2006. The owner, Churchdown Gardens Inc. is seeking
assumption of the Subdivision.
The City of Kawartha Lakes entered into
The servicing and the final lift of asphalt for the development have now been
completed and inspected to the satisfaction of the Engineering Division. All
mandatory maintenance periods have lapsed and in accordance with the
Subdivision Agreement (registered August 16th, 2006), all public services are
eligible for assumption.
The subdivision Churchdown Gardens included the construction of Ellis
Crescent to full urban standards with all urban services. ln addition, the
agreement identified upgrades at no expense to the City as follows:
To construct Brock Street to full urban standards
To construct a storm sewer on Parkside Drive, from Brock Street to the
west side of Logie Street
To construct a Storm Water Management Pond on the unopened road
allowance lying to the west of Logie Street
o
o
o
At this time, the storm water management pond is being used as a temporary
sediment and erosion control pond for the remaining phases of development
continuing and is not being assumed. The Owner has committed $25,000.00 of
the remaining security for the completion of the pond following completion of all
development (cleanout, revegetation, etc.).
Ellis Crescent and Brock Street, Registered Plan No. 8P, were conveyed and
dedicated to the City upon the registration of Plan 57M-770. The City, pursuant
to the Subdivision Agreement, is now obliged to assume the roads shown as
Ellis Crescent, Plan 57M-770 (PlN: 63232-0118(LT)) and Brock Street, from
south of Parkside Drive to the south limit of Ellis Crescent (240 metres as part of
this phase), (PlN: 63232-_(LT)). A copy of Plan 57M-770 has been
attached as Appendix'B'.
ln addition, the park was dedicated as Block 71, Plan 57M-770 (PlN: 632320116(LT)) and will be assumed.
Rationale:
The services in this development have been constructed and installed according
to the plans and specifícations as outlined in the Subdivision Agreement. Staff
most recently carried out an inspection of these subdivisions on Ñovember 10th,
2015 at the request of the Owner, in anticipation of the assumption (formal
request for assumption received October 2015). To date, all deficiencies have
44
Repoñ ENG2015-015
Page 3 of 5
been corrected and the roads are now in a condition to be assumed. The Owner
has provided all documentation required to proceed with assumption of the
roads. In addition, the park created through the subdivision will be assumed.
During previous inspections, damage to four bays of sidewalk has been
documented. Security is held by the municipality for this section of Brock Street
which was built upon by a separate builder and covered by a separate
agreement (Development Agreement with 2143372 Ontario lnc., 2007). lt is
recommended that the builder be contacted to confirm remediation of the
sidewalk. Alternatively, staff recommend using the security to rep¡ace the
sidewalk bays.
Other Alternatives Considered
:
Council could decide not to proceed with assumption of the roads identified;
however, this would not be consistent with our commitment through the
Subdivision Agreement previously supported and is therefore, not recommended
or supported by staff.
Financial Considerat¡ons
:
The costs of registering the release for each subdivision is the only cost
associated with this work and will be borne by Churchdown Gardens lnc.
The current letter of credit in the amount of $166,000.00 that remains for this
development shall be reduced by $141,000.00 following the passing of an
Assumption By-Law. A statutory declaration dated November 12th, 2015 has
been received confirming that all items in relation to the construction and
services provided for in the Subdivision have been paid for in full. A copy of the
statutory declaration is attached as Appendix "C".
The Owner has posted security for the completion of the pond. The City will hold
$25,000.00 until sufficient As Builts, certification, maintenance logbook, and
statutory declaration are received.
The separate agreement will be reviewed to ensure the replacement of the four
damaged bays of sidewalk by either the builder (person securing within the
agreement) or by the City.
Upon assumption of the Subdivision, the City will be responsible for the general
maintenance of the streets and services (in addition to services already
provided), and of the park, and associated funds will need to be allocated in
future budgets.
45
Assumptionorcnurcn¿o*rSpaorÍe:r!3::J:r,::"I
Page 4 of 5
Relationship of Recommendation(s) To Strategy Map:
The City's Strategy Map outlines Council's Vision of a Community Pursuing
Prosperity, Quality of Life and a Healthy Environment. This application aligns
with the prosperity priorities in that new residents will be attracted to the City with
the development of housing options that have connectivity to retail services and
parks and open space.
Review of Accessibility lmplications of Any Development or
Policy:
The Subdivision has been completed to the City's standards at the time of
execution of the Agreement.
Servicing Comments:
The Subdivision has been serviced in accordance with the approved design.
This Subdivision consists of approximately 829 metres of sanitary sewer, 823
metres of storm sewer, 819 metres of watermain, and 830 metres of road.
Consultations:
Planning Division
Finance Division
Parks, Recreation and Culture Division
Public Works Department
Attachments:
Appendix A - Draft Assumption By-Law
EJ
AppendixA Draft
By-Law to Assume
Ellir
Appendix B - Plan 57M-770
-
Plan of Subdivision, Churchdown Gardens
E!
L:
57M-770.pdf
46
Repoft ENG2015-015
Page 5 of 5
Appendix C - Statutory Declaration
Ër
)''
November 12,20L5
Sbt Dec,,pdf
Phone: (7051324-941 1 Ext. 1152, 1 -888-822-2225 ext. 1152
E-Mai I : csisson@citv. kawarthalakes.on.ca
Department Head: Juan Rojas, Acting Director of Development Services
Department File:
47
APPENDIX
to
REPORT
THE CORPORATTON OF THE C|TY OF KAWARTHA LAKFf,E
Í
Éuê-"
NO.
BY-LAW 2015 -
A BY-LAW TO ASSUME ELLIS CRESGENT PLAN 57M-770 (PlN: 63232-0118(LT)),
AND BROCK STREET PLAN (PlN: 63232-_(LT)), AND PARK BLOCK 71, PLAN
57M-770 (PlN: 63232-0013(LT)), GEOGRAPHIC TOWN OF LINDSAY, THE
CORPORATION OF THE CITY OF KAWARTHA LAKES.
Recitals
1
2
3
Subsection 31(4) of lhe Municipal Act,2001 authorizes Council to assume
unopened road allowances or road allowances shown on registered plans of
subdivision for public use, by by-law.
Council now deems it desirable to assume Ellis Crescent, Plan 57M-770, and
Brock Street, Registered Plan No. 8P, Geographic Town of Lindsay, the
Corporation of the City of Kawartha Lakes as public highways in the City of
Kawartha Lakes.
Council now deems it desirable to assume the Park, Plan 57M-770, in the City of
Kawartha Lakes.
Accordingly, the Council of The Gorporation of the City of Kawartha Lakes enacts
this By-law 2015--.
Section 1.00: Definitions and lnterpretation
1.01
Definitions: ln this by-law,
"Gity", "C¡ty of Kawartha Lakes" or "Kawartha Lakes" means The
Corporation of the City of Kawartha Lakes.
"Gity Clerk" means the person appointed by Council to carry out the duties of
the clerk described in section 228 of the Municipal Act, 2001;
"Council" or "City Council" means the municipal council for the City
1.02
lnterpretationRules:
(a)
The Schedules attached to this by-law form part of the by-law, and are
enforceable as such.
48
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(b)
The words "include" and "including" are not to be read as limiting the
meaning of a word or term to the phrases or descriptions that follow.
1.03 Statutes: References
to laws in this by-law are meant to refer to the statutes, as
amended from time to time, which are applicable within the Province of Ontario.
1.04
Severabilitv: lf a court or tribunal of competent jurisdiction declares any portion
of this by-law to be illegal or unenforceable, that portion of this by-law shall be
considered to be severed from the balance of the by-law, which shall continue to
operate in fullforce and effect.
Section 2.00: Assumption of Services
2.01
a)
Assumption: The following highways are assumed by the City
The roads known as Ellis Crescent, Plan 57M-770 and Brock Street, Geographic
Town of Lindsay, City of Kawartha Lakes.
b) The Park, Plan 57M-770, Geographic Town of Lindsay,
Section
3.00: Effective Date
3.01
Effective Date. This By-law shall come into force on the date it is finally passed
By-law read a first, second and third time, and finally passed, this
2015.
Andy Letham, Mayor
Judy Currins, Clerk
49
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APPENDIX
to
REPORT
STATUTORY DECLARATION
CANADA
PROVINCE OF ONTARIO
)
)
)
)
)
)
¡N THE MATTER
.lr.
FILE No.a Subdivision Agreement dated June 2, 2006 betureen Dunster lnvestments lnc.
and the Gorporation of the City of Kawartha
Lakes with respect to
Registered Plan 57M-770 CKL
l, Roger A. Cunnington, of the Town of Grimsby in the Province of Ontario
SOLEITINLY DECLARE THAT
I am President of Dunster lnvestments lnc. (hereinafter referred to as "the
Subdivide/') and as such have knowledge of the matters hereinafter deposed
to.
2.
All materials have been supplied and all services and works have
been.
completed upon the Lands described herein with respect to the installation of
the underground servicing, their appurtenances and connections;
3.
That all accounts for work or service performed or materials placed or furnished
upon or in respect of the said lands have been fully paid and satisfied and no
one is entitled to claim a lien under the Construction Lien Act against the said
lands or any part thereof;
4.
5.
That there are no judgements or executions filed against the Subdivider;
6.
That the Subdivider has not made any assignment for the benefit of creditors,
nor has any receiving order been made against it under The Bankruptcy &
lnsolvency Act, nor has any petition for such an order been served upon the
That nothing is owing by the subdivider or claimed against it for employment
insurance deductions, lncome tax deductions or by way of contribution or
assessment under the Workplace Safety & lnsurance Act;
Subdivider;
7.
That forty-five (45) days have passed since the completion of the construction
and installation of the Works.
AND I MAKE THIS SOLEMN DECLARATION conscientiousty betieving it to
be true and knowing that it is of the same force and effect as if made under oath.
DECLARED BEFORE ME
at the City of
Lakes
Y,IU# day of
Kawartha
)
)
in the Province of Ontario this
)
)
November,2015
)
RogerA. Cunnington
A Commissioner, etc.
Èäl¡r¡Cffiq¿Cøiùr,¡h,
fuin
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Þlùt¡lSú!.
dfiÈttqqAl!
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52

The Corporation of the City of Kawartha Lakes AGENDA PLANNING

Transcription

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