REGULAR SESSION COUNCIL - August 16, 2016 Agenda

TOWN OF GREATER NAPANEE REGULAR SESSION OF COUNCIL

A G E N D A

AUGUST 16, 2016 at 7:00 p.m. Council Chambers, Town Hall - 124 John St., Napanee

Page

1. CALL TO ORDER

2. ADOPTION OF AGENDA

2.1 Adopt Agenda Recommendation: That the Agenda of the Regular Session of Council dated August 16, 2016 be adopted as presented.

3. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF

4. PUBLIC MEETING UNDER THE PLANNING ACT

4.1 Resolution to Convene Public Meeting under The Planning Act Recommendation: That the Public Meeting under the Planning Act is hereby convened.

7 - 33 4.2 Application: PLZACO 2016 008 - Zoning By-law Amendment to By-law No. 02-22 Applicant: Theo Nibourg on behalf of 1923731 Ontario Ltd. Location of Property: 824 Palace Road, south side of Palace Road immediately south of Highway 401. and described as Lots 24, 25 and 26, Concession 7, geographic Township of North Fredericksburgh, now in the Town of Greater Napanee Effect of the Zoning By-law Request: To allow that portion of the property in the C2-7 (Arterial Commercial Exception Seven) zone to be used for a fitness centre, assembly hall, medical or dental clinic and business, professional or administrative offices.

34 - 52 4.3 Application: PLOPMA 2016 009 and PLZACO 2016 010 - Official Plan and Zoning By-law Amendments to By-law No. 02-22 Applicant: Robert Paul and Bob Vrooman on behalf of the Lennox and Addington County General Hospital Foundation Location of Property: 310 Bridge Street West, being Part of Lots 17 and 18, Concession 1, geographic Lands throughout the Town of Greater Napanee Effect of the Zoning By-law Request:The Official Plan Amendment and Zoning By-law Amendment would permit additional uses on the site including business, professional and administrative offices, eating

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establishments and other commercial uses.

53 - 66 4.4 Application: Zoning By-law Amendment to By-law No. 02-22 Applicant: Town of Greater Napanee Location of Property: Lands throughout the Town of Greater Napanee Effect of the Zoning By-law Request: The rezoning will result in a number of updates to the Zoning By-law to implement Official Plan Amendment No. 27, being the 5 year Official Plan Update, as well as some administrative changes, primarily clarifying the language and purpose, amending certain zoning provisions to clear up inconsistencies and to address errors in the zoning maps.

4.5 Resolution to Adjourn Public Meeting Recommendation: That the Public Meeting under the Planning Act is hereby adjourned.

5. DEPUTATIONS

67 - 79 5.1 Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation Project FIT Application at Gibbard's

5.2 John Sonneveld Re: Request to Connect to Raw Water System

5.3 Council Resolution to Accept Additional Deputations with No Notice, if required.

6. ADOPTION OF MINUTES

80 - 83 6.1 Special Session of Council - July 19, 2016 Recommendation: That the minutes of the Special Session of Council dated July 19, 2016 be adopted as presented.

7. CORRESPONDENCE

7.1. Correspondence for Information

84 - 85 7.1.1 Correspondence for Information Items - August 16, 2016 Recommendation: That the Correspondence for Information items dated August 16, 2016 be received.

7.2. Correspondence for Action

86 - 87 7.2.1 TransCanada's Eastern Mainline Project - Regulatory Update - July 26, 2016 Recommendation: That Council receive for information TransCanada's Eastern Mainline Project Regulatory Update dated July 26, 2016.

88 7.2.2 CN - Information on the Movement of Dangerous Goods - July 27, 2016 Recommendation: That Council receive for information the

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correspondence from CN dated July 27, 2016 providing information regarding the movement of dangerous goods.

89 7.2.3 Canada Post Re: Proposed Change of Business Hours - Napanee Post Office - July 22, 2016 Recommendation: That Council receive for information the correspondence from Canada Post dated July 22, 2016 advising of a proposed change in business hours for the Napanee Post Office.

90 - 93 7.2.4 Annual Terry Fox Run - Parade Route and Certificate of Insurance - July 25, 2016 Recommendation: That Council receive and approve the route for the 2016 Terry Fox Run as presented.

94 - 95 7.2.5 Dennis Mills - Asphalt Sidewalk at the Community Health Centre - August 4, 2016 Recommendation: That Council receive for information the correspondence from Dennis Mills dated August 4, ,2016 regarding the asphalt sidewalk at the Community Health Centre.

96 - 97 7.2.6 Quinte Conservation - Level 3 Low Water Condition - August 11, 2016 Recommendation: That Council receive for information the correspondence from Quinte Conservation dated August 11, 2016 declaring a Level 3 Lower Water Condition and requesting that all municipalities in the Quinte Conservation watersheds ask their residents and businesses to reduce water use by 50%.

8. UNFINISHED BUSINESS

9. COMMITTEE REPORTS

98 - 101 9.1 BIA Board of Management - June 15, 2016 Recommendation: That Council receive and adopt the minutes of the Napanee BIA meeting dated June 15, 2016.

102 - 104 9.2 Municipal Arts & Culture Advisory Committee - June 21, 2016 Recommendation: That Council receive and adopt the minutes of the Municipal Arts & Culture Advisory Committee meeting dated June 21, 2016 as presented.

105 - 110 9.3 Municipal Heritage Committee Minutes - July 7, 2016 and July 21, 2016 Recommendation: That Council receive and adopt the minutes of the Municipal Heritage Committee meetings dated July 7, 2016 and July 21, 2016 as presented.

111 - 114 9.4 Municipal Heritage Committee - Proposed Amendment to Township of South Fredericksburgh Heritage Designation By-law No. 83-80 for

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Crowle Barn - 9190 Loyalist Parkway Recommendation: That the Council of the Town of Greater Napanee receive and approve the Municipal Heritage Committee’s recommendation to amend Township of South Fredericksburgh By-law No. 83-80, being a by-law to designate the property known municipally as the Crowle Barn at Lot 7, Concession 1 Additional, R.R.#1 Bath, as being of architectural and historical value and interest under Part IV of the Ontario Heritage Act; And further that Council instruct the Clerk to proceed with the required public notice, following which the by-law amendment shall be brought forward to Council for consideration.

115 - 117 9.5 Municipal Heritage Committee - Heritage Designation: What does it mean for you? Recommendation: That Council receive and approve the document drafted by the Municipal Heritage Committee, "Heritage Designation - What does it mean for you?" for distribution to all heritage designated property owners.

10. STAFF REPORTS

118 - 128 10.1 Planning Report - 824 Palace Road Zoning By-law Amendment Application PLZACO 2016 008 Staff Recommendation: That Council receive for information the Planning Report from IBI Group for Zoning By-law Amendment Application PLZACO 2016 008 for 824 Palace Road; And further that Council approve the Zoning By-law Amendment, subject to the following conditions: 1. That Council consider and decide on the merits of written and verbal submissions received up to and including the Council meeting; 2. That should new information be received, or further input received raise points for further consideration, this report and opinion herein be revisited as needed.

129 - 140 10.2 Planning Report - 310 Bridge Street West Official Plan Amendment Application PLOPMA 2016 009 and Zoning By-law Amendment Application PLZACO 2016 010 Staff Recommendation: That Council receive for information the Planning Report from IBI Group for Official Plan Amendment Application PLOPMA 2016 009 and Zoning By-law Amendment Application PLZACO 2016 010 for 310 Bridge Street West; And further that Council not approve the Official Plan and Zoning By-law Amendments; And further that should Council choose to approve the applications, the additional permitted uses should be approved with a Holding ‘H’ symbol applied until studies supporting any additional traffic or noise impacts

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are considered and addressed.

141 - 149 10.3 Infrastructure Services - Town of Greater Napanee Response to Level 3 Low Water Condition as declared by Local Conservation Authorities Staff Recommendation: That Council receive for information the Staff Report: Town of Greater Napanee Response to Level 3 Low Water Condition as declared by Local Conservation Authorities; And further that Council approve the creation of a water restriction by- law which shall be implemented to be in effect during the declaration of a Level 3 Low Water Condition by the Conservation Authorities; And further that no restrictions be implemented to the Town’s potable water filling stations; And further that all residents within the Town of Greater Napanee (municipal water supply or private well systems) be encouraged to exercise reasonable water conservation initiatives during Level 3 Low Water Conditions; And further that Staff continue to work closely with local Conservation Authorities and adjust to changing conditions as required.

150 10.4 Infrastructure Services (Public Works) - Sandhurst Shores Paving Staff Recommendation: That Council receive for information the Infrastructure Services (Public Works) - Sandhurst Shores Paving Report; And further that Council award the Sandhurst Shores Paving to Coco Paving Inc. for the sum of $296,922.50 plus HST; And further that the Mayor and Clerk be authorized to execute an agreement on behalf of the Town.

151 - 154 10.5 CAO - 2016 Riverfront Festival Staff Recommendation: That Council receive for information the CAO - 2016 Riverfront Festival report; And further that Council determine the level of expenditure for 2017 during budget deliberations.

155 - 156 10.6 CAO - Special Meeting of Council for Taxation Policy Staff Recommendation: That Council receive for information the Special Meeting of Council - Taxation Policy report; And further that Council confirm the date of Monday, August 22, 2016 at 7:00 p.m. at the Strathcona Paper Centre for a Special Session of Council for the purpose of the discussion of taxation policy.

157 - 158 10.7 Community & Corporate Services - Dog Control Service Request for Proposals #2016-C01 Staff Recommendation: That Council receive the Community & Corporate Services – Dog Control Service Request for Proposals #2016-C01; And further that The Corporation of the Town of Greater Napanee

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accept the proposal from Frontenac Municipal Law Enforcement Inc. for the provision of dog control service at an annual cost of $59,877.00 plus HST; And further that the Mayor and Clerk be authorized to execute a five year contract with Frontenac Municipal Law Enforcement Inc. on behalf of the Town.

11. BY-LAWS

159 - 161 11.1 By-law No. 2016-0040 - To Remove Part Lot Control on Lots 19 and 21, Registered Plan 29M-6

162 - 164 11.2 By-law No. 2016-0041 - Official Plan Amendment No. 34 - 310 Bridge Street West

165 - 170 11.3 By-law No. 2016-0042 - To Amend Zoning By-law No. 02-22 as amended - 310 Bridge Street West

171 - 175 11.4 By-law No. 2016-0043 - To Amend Zoning By-law No. 02-22 as amended - 824 Palace Road

12. NEW BUSINESS

13. NOTICE OF MOTIONS

14. STATEMENTS BY MEMBERS

15. CLOSED SESSION

15.1 Adjourn to closed session pursuant to Section 239 of the Municipal Act in order to discuss: 1. a personnel matter about an identifiable individual; 2. a matter regarding current litigation; and 3. a matter of solicitor-client privilege.

15.2 Rise and Report from Closed Session

16. CONFIRM PROCEEDINGS

176 16.1 By-law No. 2016-0044 - A By-law to Confirm the Proceedings of the Council of The Corporation of the Town of Greater Napanee on August 16, 2016

17. ADJOURNMENT

Page 6 of 176 Town of Greater Napanee / l24John Street P.O. BoxS7 -

-“ Napanee, Ontario K7R 3L4 Application for an Amendment to the Zoning By-law of the Town of Greater Napanee

Foi7effr%sflmpjjr fl i)SL.r.ii.I V L._Ld Date Complete File No(s) Fee(s) Paid JUN Ii B 7fl16 ftziAaO-2ou. cciE?

1.0 APPLICANT INFORMATION

I I Complete the inlorination below and indicate which contact is the Prime Contact (to whom all comm un i cat ions ill be directed).

Name Addrem PhoneFFax/E-mail

Registered Owiie,;s) - Business rzL\ ifs I aQacc cctc( t,3-3S9-5!5, (121 - Fax x-iq Ur 613-3s4-c?

&1ft12Z.CL C .- . 0 nome/celI >‘ti1at0 K7&@ of3-3z-fi’ E-mad ptCfr.3 aa cLcyieftc c%.cáz. C. b Applicanl(s) Business

Fax

tome/Cell

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Ageiit ii any teg Planning Consultanil Business

Fax /;IKc2_t I tJ F tionie/Cell

E-mail

Solicitor Business Cr JIIia tIfrt 3-c4 -oqv C i CvvnctC

E-mail

Ira company, please give name and phone number(s) ol’pr;ncipal o’wier (or president)

2.0 PROPURTY INFORMATION

[sit(s)/Block(s) Concession Registered Plan No Lq1 2- 2-5 - zci Reference Plan No Iart(s) Parcel No

Fonner Municipal;:’ Mpt.Adss kCS j{ niCi K?& Assessment Roll # ii I_o old çpp lown olGrceier Napanee Zoning By-lass Amneodnieni Application Page I

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 7 of 176 ear ______

2.1 Parfetih:rs ol the Subject [and ([be nietne units):

I: ron tune Average Depth A tea SzcFf j Current Ot’IiciuII’lanl)esrenation — — Current Lot, inn Designation 2 7 R u P

2.2 Pros ide the tames and addresses of the holders of an’ monguges. charges or tither encumbrances in respect of the sub eel I and. P

2.3 Dale the suhicet land t us acqtiired h the eurreot O’ ncr:

3.0 EXISTING ANT) PREVIOUS USES OF TIlE SUBJECT LANDS

fl E’dsling 3,1 use(s) and

dt_ — I.. I rc 1o,s usL5 3.2 (il’knti’an)

L Ltion -_____ -

3.3 list alt> existing Buildings or Structures (In the Pmpen

Yard Setbacks . N timber . - Ground BtnldinuSlrueture . Huildintt . -- . ol . I-hour Built I leiaht ors .ZzL. Rear Side ide

3.4 Is the subject land or buildings) subject to a demolition control b> —lass or is it designated or dentil:cd Ilir possible designation under the Ontario I leritane Act’!

D YF.S Dxc DON’T KNOW

3.0 PROPOSED 1SF OF TIlE SUBJECT LANDS

4.1 What is he proposed use of the subject lands?

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Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 8 of 176 4,2 List any Proposed Buildings and Structures (attach a scparate page if necessary)

Yard Setbacks Number of Building Ground B iii Idi nWstructure Storcy s I leight Floor Area Front Rear Side Side

4.3 Attach a sketch showing (in metric units): a) The boundaries and dimensions of (he subject land; b) The location. siy.e and type of all existing and proposed buildings and structures on the subject land, indicating their distance from the lot lines: c) The approximate location of all natural and artificial features located on the subject land or adjacent land that might atleet that application; d) The current uses of land that is adjacent to the subject land; e) [he location, width, name and type of any roads within or abutting the subject land: I) Ihe location of parking and docking facilities if access is to be by water only; and g) The location and nature of any casements affecting the subject land.

5.0 NATURE OF PROPOSED REZONINC

5.1 Describe the nature and extent of the rezoning requested.

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5.2 State the reason(s) why the rezoning is requested. y a ñ-C0cv4 PnD A-

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5.3 Does the requested rezoning cunform to the Official Plan? YES NO If yes, explain how it conforms. /3 —$%7/ CLIXP

If no. has an application for an Official Plan amendment been completed? D YES NO

6.0 STATUS OF OTHER PLANNING APPLICATIONS

6.1 Have there been any previous applications made under the Planning Act for a consent, approval of a plan of subdivision or an amendment to the zoning by-law or has the subject land ever been the subject ofa Minister’s Zoning Order? D YES NO

Town of Greater Napanee Zoning Bylaw Amendment Application Page 3

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 9 of 176 ______

6.2 iIYi•:s to 6.]. and if known. list below or attach on a separate page:

7.0 SERVICING

7.1 Indicate the exkiing and proposed ser’ icing t’ pe br the subject land. \rSrip11I’ Exisiiiie pjsed aucj2iseosa! Existing Proposed

Public piped w tier s> stein Public piped Sc” age system 7 D i’ri v ate con, mu ml -eI Ii s) Private com nit, ml septic s> stem D D Privatc nd p. dual wel Ii Si D D I tdi dual septic System (s) D D lake or other water both Priv> D D Other nictimis -other means U U

Storm Drainage Exisi np ,i,sed Access {istin £aosed Sewers Provincial hi gliway U Ditches or s ales U U Count> Road U Oilier omei:tms U Municipal road U U Water U U - Oilier means U

8.0 PLANNING JUSTIFICATION

8.1 Indieaie how the proposed use(s) will he compatible with thc surrounding land uses. t4cLn’ c aMrCL u f

8.2 Indicate how the proposed amendment relates to the overall goals and objectives of the Provincial Polje> Statement issued under the Planning Act.

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tonn ciGreater \ap.anw ioiiiiu, R—ign ..\iiie,:ilmcn: ..\ppicaiion 3

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 10 of 176 ______

9.0 DECLARATION 1’ IVLQç-ØQ Ai oLihL1@cht in the (mini e ol appl leant) (name oh municipal fly/tow ship)

County . of — solemnly declare that all the information contained in this appecanon and any supporting documents is true.

Declared heibre me at the lown of Greater Napanee in the County of Lennox and Addington [his

day of - lanuce orthe tc.. P cp crtli T :::3c0mmt55b0 of dus

10.0 OWNER’S AUTHORIZATION (iIthe applicant is not the owner)

(1 i’YI1C . of the _L1 li2/’i t_OQE&’tiin the name of owner) { name oh municipalityito nship)

County - of — am the o’vner ot the lund that is the suhect of this application for a zoning In-law amendment and I hereby authorize to act as nv agent in this application.

i natu(e ni Owner

11.0 ACKNOWLEDGEIENT

In accordance with the pros isions of the Planning Act, it is the policy of the To n of (ireaier Napanee to pro’ ide public access to all development applications and supporting documentation.

I. iU / t , agree and acknowledge that this application and tow supporting lame of applicant)

material. incituding studies and dras ings. flied ith the application is public information, and forms part of the public record. As public information. I hereb’ consent to the Town photocopying and releasing

the appi cation and supporting materials fr either its own use in the processing of the application or at the request of any third party.

/ /

ci Orcaer \apallce Zoning By-tao ;:end:r::: .-\nm,Icaeon Pagc 6

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 11 of 176 SChEDULE “B” TO PLANNING FEES BY-LAW

AGREEMENT TO INDEMNIFY

The applicant hereby agrees to indemnify and save harmless The Corporation of the Town of Greater Napanee (“the Municipality”) from all costs and expenses that the Municipality may incur in connection with the processing of the applicant’s application for approval under the Planning Act.

Without limiting the foregoing, such costs and expenses will include all legal, engineering, planning, advertising and consulting fees and charges incurred or payable by the Municipality to process the application together with all costs and expenses arising from or incurred in connection with the Municipality being required, or requested by the applicant, to appear at the hearing of any appeal to the Ontario Municipal Board from any decision of the Council or Committee of Adjustment, as the case may be, approving the applicant’s application.

The applicant acknowledges and agrees that if any amount owing to the Municipality in respect of the application is not paid when due, the Municipality will not be required to process or to continue processing the application, or to appear before the Ontario Municipal Board in support of a dccision approving the application until the amount has been paid in fuLl.

The applicant Thither acknowledges and agrees that any amount owing by the applicant to the Municipality is, when due, a debt of the applicant and the Municipality may, in addition to any other remedies available to it at law, recover the amount owing together with interest from the applicant by action.

AppI nt’ (

Witness Applicant

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 12 of 176 ______, ______

ZONING AMENDMENT APPLICATION FEES

The municipality requires an applicant to submit a $500.00 application fee when applying for a zoning amendment and a $1,500.00 deposit to cover all costs associated with processing the application. Any costs above the $1,500.00 deposit will be invoiced to the owner/applicant who has submitted the application. These costs include consultant fees and advertising costs.

The municipality has found, on average, a zoning amendment application will cost an owner/applicant approximately $5,000.00 to process. The owner/applicant is responsible for all fees related to process the zoning application.

I, /2 Ou( have read the above and agree to reimburse the Town of (name of applicant) Greater Napanee for all costs related to my zoning amendment application, once invoiced by

the Town.

Dated this day of 20

Jt V1 utt Name of Applicant Municipal Staff

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 13 of 176 Gib Garrett

From: [email protected] on behalf of [email protected] Sent: July-11-16 10:16 AM To: Gib Garrett Subject: Zoning for the Palace Ballroom

Dear Gibb:

Please accept this letter as our request to add to our zoning change for the Palace Village for assembly for "Banquet Hall facilities". This then would allow us to hold functions in our ballroom setting.

We did not realize that this use was not available to us, so we have ceased any further rentals until after our zoning has been reviewed and approved.

We appreciate your bringing this matter to our attention.

Regards, Dave Silvester (613) 849-7507

------Origin: http://www.greaternapanee.com/en/contacts/search.aspx?s=mLF114FrgMKSas7eQ7kGLweQuAleQuAl ------

This email was sent to you by Dave Silvester< [email protected] > through http://www.greaternapanee.com/ .

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 14 of 176

TOWN OF GREATER NAPANEE

ZONING BY-LAW AMENDMENT

NOTICE OF PUBLIC MEETING

PURPOSE

An application was received from Theo Nibourg on behalf of 1923731 Ontario Limited to amend Zoning By-law 02-22 for a parcel of land at 824 Palace Road. The proposal is to amend the zoning to permit additional commercial uses in the existing building including a fitness centre, assembly hall, medical or dental clinic, and business, professional or administrative offices.

The site is designated Arterial Commercial in the Town of Greater Napanee Official Plan and is zoned Arterial Commercial Exception Seven (C2-7), Rural (RU) and Environmental Protection (EP) in Zoning By-law 02-22. The permitted uses in the Arterial Commercial designation relate to the buying and selling of goods and services, such as retail facilities, eating establishments, studios, among others, and the location of offices. The C2-7 zone restricts uses to: antique sales establishment, eating establishment, garden centre, hotel, motor hotel, museum, outdoor café, petting zoo, parking lot, and retail uses. The rezoning application would amend the existing site- specific C2-7 zone to permit the additional commercial uses. No changes to the Rural and Environmental Protection zones are proposed.

EFFECT OF THE ZONING BY-LAW REQUEST

The Zoning By-law Amendment will allow that portion of the property in the C2-7 zone to be used for a fitness centre, assembly hall, medical or dental clinic, and business, professional or administrative offices.

LOCATION OF PROPERTY

The property is located on the south side of Palace Road immediately south of Highway 401. The lands are municipally recognized as 824 Palace Road and described as Lots 24, 25, and 26, Concession 7, in the geographic Township of North Fredericksburgh in the Town of Greater Napanee (see key map).

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 15 of 176 OTHER APPLICATIONS

The lands are not subject to other applications.

NOTICE OF APPEAL

If a person or public body does not make oral submission at a public meeting or make written submission to the Town of Greater Napanee before the Zoning By-law Amendment is passed, the person or public body is not entitled to appeal the decision of the Council for the Town of Greater Napanee to the Ontario Municipal Board.

If a person or public body does not make oral submissions at a public meeting, or make written submission to the Town of Greater Napanee before the Zoning By-law Amendment is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so.

PUBLIC MEETING PLACE

The public meeting will be held at the Council Chamber of the Town Hall, Greater Napanee, August 16, 2016 at 7:00 p.m.

For further information contact:

Gib Garrett, Planning Clerk Town of Greater Napanee 45 Commercial Court Napanee, ON K7R 4A2

Or phone (613) 354-5931 (Extension 2114) during regular business hours.

Susan Beckel (Clerk)

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4Z2 2, IBI GROUP 650 Dalton Avenue Kingston ON K7M 8N7 Canada tel 613 531 4440 fax 613 531 7789 ibigroup.com

MEMO

To: Mayor and Members of Council

Date: August 16, 2016

From: Mark Touw, IBI Group

Cc: Susan Beckel, Clerk Gib Garrett, Planning Clerk

Subject: 824 Palace Road, Zoning By-law Amendment (PLZACO-2016-008) – Revised amending by-law to reflect comments received from Ontario Ministry of Transportation (MTO)

This memo is accompanied by a revised amending by-law for the subject property of zoning by-law amendment application PLZACO-2016-008, being 824 Palace Road. The revised amending by-law is contained in Appendix 1 to this memo. The comments provided by the Ontario Ministry of Transportation (MTO) that triggered the need to revise the amending by-law are contained in Appendix 2.

Comments on the application from MTO were received by the Town on August 15, 2016. In their letter, MTO advises (in brief) the following with respect to the requested amendments:

• Property falls within the permit control area of MTO due to its proximity to HWY401, meaning a MTO Entrance Permit is required for the change of use and any new entrances or alterations to existing entrances; • MTO requires that a Holding ‘H’ provision be applied to the subject lands such that a traffic analysis is provided to their satisfaction before any of the new uses are permitted on the property; and • The existing entrance closest to the HWY401 ramp terminal will be required to be closed as a condition of the MTO Entrance Permit for the change of use.

The above requirements are addressed through the revised amending by-law through the addition of the proposed new uses to the list of permitted uses subject to a Holding ‘-H’ symbol. The amending by-law identifies that these proposed new uses will be permitted once certain requirements have been met, including any necessary studies, revisions to site plan agreement, etc., to the satisfaction of the Town and the relevant approval authority.

Sincerely, IBI Group

______Mark Touw MCIP, RPP Associate, Office Lead

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 23 of 176

APPENDIX 1 ZONING BY-LAW AMENDMENT - REVISED

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 24 of 176

BY-LAW NO.___ BEING A ZONING BY-LAW AMENDMENT TO BY-LAW NO. 02-22

824 Palace Road Lots 24, 25, and 26, Concession 7 Geographic Township of North Fredericksburgh Town of Greater Napanee

Prepared by:

IBI GROUP

650 Dalton Avenue Kingston, Ontario K7M 8N7

Project No.101859

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 25 of 176 TOWN OF GREATER NAPANEE

EXPLANATORY NOTE

TO BY-LAW NUMBER ______

PURPOSE OF THE ZONING BY-LAW AMENDMENT

The site is designated ‘Arterial Commercial’, ‘Fringe Area’ and ‘Environmentally Sensitive’ in the Town of Greater Napanee Official Plan and is zoned Arterial Commercial Exception Seven (C2-7-H), Rural (RU) and Environmental Protection (EP) in Zoning By-law 02-22. The permitted uses in the Arterial Commercial designation relate to the buying and selling of goods and services, such as retail facilities, eating establishments, studios, among others, and the location of offices. No changes to the lands designated ‘Fringe Area’ and ‘Environmentally Sensitive’ are proposed. The C2-7 zone restricts uses to: antique sales establishment, eating establishment, garden centre, hotel, motor hotel, museum, outdoor café, petting zoo, parking lot, and retail uses. The rezoning application would amend the existing site-specific C2-7 zone to permit the requested additional commercial uses. The holding symbol on the subject lands permits development without the need to remove the ‘H’ for uses listed in the C2-7 zone except for: a hotel or motor hotel; a garden centre; and a museum. This list of uses subject to a Holding would be expanded to include the additional proposed uses. No changes to the Rural and Environmental Protection zones are proposed.

EFFECT OF THE BY-LAW REQUEST

LOCATION OF PROPERTY

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 26 of 176 TOWN OF GREATER NAPANEE

BY-LAW NUMBER ______

BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER 02-22

WHEREAS the Council of the Corporation of the Town of Greater Napanee received a request to amend Zoning By-law 02-22 to rezone certain lands to permit a fitness centre, assembly hall, medical or dental clinic, and business, professional or administrative offices uses on site;

AND WHEREAS the Council of the Corporation of the Town of Greater Napanee deems it advisable to amend Zoning By-law No. 02-22, as amended;

AND WHEREAS it is necessary to amend By-law 02-22 by amending the site-specific Arterial Commercial (C2-7-H) Zone;

NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows:

1. Section 5.21.7.7 Arterial Commercial Exception Seven (C2-7) Zone is hereby amended to read as follows:

Notwithstanding the Provisions of Section 4 and 5 to the contrary, within the C2-7 zone the following provisions apply:

a) Uses Permitted: • Antique sales establishment • Eating establishment • Garden centre • Hotel, motor hotel • Museum • Petting zoo • Parking lot • Retail uses • Fitness centre • Assembly hall • Medical or dental clinic • Business, professional or administrative offices

b) Provisions i) Retail establishments’ gross leasable area, inclusive of the garden centre and antique sale establishment (maximum)………………………...2050 square metres

c) ‘-H’ Holding Zone Provisions:

a. The ‘H’ Holding provision applies to the following uses:

i) A hotel or motor hotel ii) A garden centre

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 27 of 176 iii) A museum iv) Fitness centre v) Assembly hall vi) Medical or dental clinic vii) Business, professional or administrative offices

b. The ‘H’ Holding provision may be removed to permit any one or combination of the above uses once the required supporting studies have been provided, a suitable site plan agreement is enacted or amended, and/or confirmation that sufficient services are available is provided, all to the satisfaction of the Town and/or the relevant approval authority; and

2. This By-law shall come into force and take effect on its date of passing, subject to the provisions of subsections 34(30) and (31) of the Planning Act, R.S.O. 1990, c.P.13, as amended, in the event a notice of appeal of this by-law is filed in accordance with subsection 34(19) of the Act.

Read a first time this _____day of______, 2016

Read a second time and passed this ______day of ______2016

Gordon Schermerhorn (Mayor)

______Susan Beckel (Clerk)

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 28 of 176

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 29 of 176

APPENDIX 2 ONTARIO MINISTRY OF TRANSPORTATION (MTO) COMMENTS ON APPLICATION TO AMEND THE ZONING BY-LAW FOR 824 PALACE ROAD, NAPANEE (DATED AUGUST 11, 2016, RECEIVED AUGUST 15, 2016)

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 30 of 176

Ministry of Transportation Ministère des Transports

Corridor Management Section Section de gestion des couloirs routiers 1355 John Counter Boulevard 1355, boulevard John Counter Postal Bag 4000 CP/Service de sacs 4000 Kingston, Ontario K7L 5A3 Kingston (Ontario) K7L 5A3 Tel.: 613 545-4865 Tél.: 613 544-2220 Fax: 613-540-5106 Téléc. 613 540-5106 [email protected]

Aug 11, 2016 Town of Greater Napanee 45 Commercial Court Napanee, Ontario K7R 4A2

Attention: Gib Garrett, Planning Clerk

Dear Mr. Garrett,

Re: Application to Amend the Zoning By-Law for 824 Palace Road, Napanee (Lots 24,25,26, Concession 7, Geographic Township of Richmond)

The Ministry acknowledges the application to amend the zoning by-law Arterial Commercial Exception Seven (C7), Rural (RU) and Environmental Protection (EP) in Zoning By-Law 02-22, to permit the additional commercial uses in the existing building including a fitness centre, assembly hall, medical or dental clinic, and business, professional or administrative offices.

The applicant should be aware that under the authority of the Public Transportation of Highway Improvement Act R.S.O. 1990 (P.T.H.I.A) the Ministry through the issuance of permits controls all land use within 45m of the Ministry’s future property limit and within 395m of the centre point of an interchange with Highway 401. MTO permit control also extends to 800m from any limit of the highway for land uses that generate large number of vehicles. An MTO Entrance permit will be required for the change of use.

The developer should note that the Ministry of Transportation has started a preliminary design study for the interchange of Palace Road and Highway 401. Unfortunately this is coming in at the initial stages of the project. Attached for your records is a copy of the PIC notice.

The Ministry of Transportation will require a holding provision for the MTO Entrance Permit and a Traffic Impact Statement for the proposed changes of additional use. The Traffic Impact Brief is to identify if there will be any impacts to Highway 401 Interchange. After review of the Traffic Impact Statement, the Ministry may request that a Traffic Impact Study be completed should MTO have further concerns. The Traffic Impact Statement should clarify:

• The expected peak hour of number of vehicles entering and leaving • The number of days per week and the specific days of the week this is expected to be open • The time(s) of the peak hour(s)

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 31 of 176 -2 -

With regards to the MTO Entrance Permit for the change of use. The Ministry only allows one entrance per lot of record. The proponent will be required to remove the entrance closest to the ramp terminal and reconfigure the entrance furthest from the ramp terminal into a single entrance.

Please note that any future development plans or expansion to existing buildings will be subject to MTO Building and Land Use Permit. An MTO Sign Permit may be required if visible from the Highway 401.

I thank you for the opportunity to provide comment.

Sincerely,

Lloyd Pacheco Corridor Management Planner Eastern Region, MTO

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 32 of 176 ONTARIO GOVERNMENT NOTICE NOTICE OF PUBLIC INFORMATION CENTRE #1

Preliminary Design and Class Environmental Assessment Studies Highway 401 Interchange Improvements at County Road 41 (G.W.P. 4459-04-00) and at Palace Road (G.W.P. 4197-13-00)

THE PROJECTS The Ontario Ministry of Transportation (MTO) has retained AECOM to undertake two separate Preliminary Design and Class Environmental Assessment Studies for improvements to the Highway 401 / County Road 41 interchange (G.W.P. 4459-04-00) and the Highway 401 / Palace Road interchange (G.W.P. 4197-13-00). Both projects are located in the Town of Greater Napanee within the County of Lennox and Addington.

THE PROCESS Both studies are following the approved planning process for a Group ‘B’ project under the MTO Class Environmental Assessment for Provincial Transportation Facilities (2000). Two Public Information Centres (PICs) will be held for each study to provide interested parties with the opportunity to discuss the projects and provide input to the Project Team. A Transportation Environmental Study Report (TESR) will be prepared for each study and made available for public review at the completion of each study.

PUBLIC INFORMATION CENTRE #1 The first of two PICs has been arranged for each study to introduce the studies and present the following for comment: existing conditions, need for improvements, alternatives being considered, criteria proposed to evaluate the alternatives, and next steps. The second PIC for each project will occur early 2017 and will present the evaluation of the alternatives, the Technically Preferred Plan, potential environmental impacts and proposed mitigation measures. Members of the public, residents and stakeholders are invited to attend the first PIC as follows:

County Road 41 (G.W.P. 4459-04-00) Palace Road (G.W.P. 4197-13-00) Wednesday July 27, 2016 Thursday July 28, 2016 4:00 p.m. to 8:00 p.m. 4:00 p.m. to 8:00 p.m. Strathcona Paper Centre, Lafarge Banquet Hall Strathcona Paper Centre, Lafarge Banquet Hall 16 McPherson Drive, Greater Napanee 16 McPherson Drive, Greater Napanee

The PIC will be an informal drop-in centre and representatives from the MTO and the Consultant Team will be available to answer questions and discuss the studies.

COMMENTS To obtain additional information, provide comments, or to be placed on the mailing list for either of these studies, please contact the Project Team as follows:

Tina White Tim Sorochinsky, P.Eng. Fred Leech Senior Project Manager Consultant Project Manager Consultant Environmental Planner Ministry of Transportation, Eastern Region AECOM AECOM 1355 John Counter Boulevard, Postal Bag 4000 4th Floor, 30 Leek Crescent 201-45 Goderich Road Kingston, ON K7L 5A3 Richmond Hill, ON L4B 4N4 Hamilton, ON L8E 4W8 Tel: 613-545-4871, Toll Free: 1-800-267-0295 Tel: 905-882-3522 Tel. 905.578.3040 Fax: 613-540-5106 Fax: 905-882-4399 Fax: 905.578.4129 Email: [email protected] E-mail: [email protected] Email: [email protected]

If you have any accessibility requirements in order to participate in these projects, please contact one of the Project Team members listed above.

Comments are being collected to assist MTO in meeting the requirements of the Environmental Assessment Act. This material will be maintained on file for use during the study and may be included in project documentation. Information collected will be used in accordance with the Freedom of Information and Protection of Privacy Act. With the exception of personal information, all comments will become part of the public record.

Application : PLZACO 2016 008 - Zoning By-law Amendment to B... Page 33 of 176 Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario K7R 3L4 Application for an Amendment to the Official Plan of the Town of Greater Napanee

For office use only Data Rectivcd Date Complete File No(s) Fee(s) Paid 2.od4, 0o9

1.0 APPLiCANT INFORMATION

1.1 Complete the information below and indicate which contact is the Prime Contact (to whom all communications will be directed).

Name Address Phon&EaxfE-mail RcgistccedOwnerfl) t,L Business Lc (cu\j lVt rQA, (_,en€rol 4shx Fax I/fl & 1ç1) U.t’A cii i Cfl HomefCell

E.malI ,d icke ro t6 0/ ,cc’ l t.c3 - Applicant(a) BI.I,aeSS Dc -3o’C%) PCLCJ (JCçCcn-C.(, C Fax ‘jrooa-’on 14—mt az’ HomeJCdfl

n_p,cictro 9 WfkJopct rfl. CA tc% Agent (eg. Piaaxilng Conwltfl) Batnas

Fax m:&erson C&3

E-mail

Soitcilor c- t-.)t.(. I ?x4rrvsk-a-s t o\;cJva Fax S.-’&y- s-.A 6c&HV) Cel)3NE’efl llomeJCe]l t’JCcç{Dec cS-cC t \t-9/l L% &majl brutct nC.a net- IQ.UL.f(ñ C If a company, please give name and phone nwnber(s) of principal owner (or president).

2.0 LOCATION OF PROPERTY

LoXsYBlock(s) Concession I Registered Plan No. PTLt \1-V I pt Referetwe Plan No. Pan(s) Parcel No.

Fonner MunicipaiiLy Municipal Address — 1I1L ‘A4 tcLtP%stroe Rckrnmc 3w SN. udtsF MctyanUpL) Assessment Rofi lIZ’ @60 ozo

Town of Ginter Napanee Official Plan Amendment Application Pagc I

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 34 of 176 2.1 Particulars of the Subject Land (use metric units):

Frontage Average Depth Area n\,o9 Current Official Plan Designation Current Zoning Design ation

3.0 EXISTING AND PREVIOUS USES OF THE SUBJECT LANDS

Existing 4s-’-a nS, dcvJccl)hecur9 “-frs CL—i CS j tLL-J 3.1 use(s) c—Sas cs-\mt PckenY -e us c*ccc skop. Previous uses 3.2 k) L&rsLn5 o,nc. I (if known)

3.3 List any existing Buildings or Structures on the Property

Yard Setbacks Number of Building Ground Building/Structure Storeys Height Floor Area Front Rear Side Side

(, c Cc ‘-ta. ,7 1-7 5 , 3a (O.93 59 lSa-e

3.4 Is the subject land (or buildings) subject to a demolition control by-law or is it designated or identified for possible designation under the Ontario Heritage Act? LI YES LI NO

4.0 PROPOSED USE OF THE SUBJECF LANDS (attach any additional information on a separate page)

4.1 What is the proposed use ofthe subject Lands?

Re—ts spctcc. t-*tu cictsRrcj 4coh1Qc-nt.

4.2 List any Proposed Buildings and Structures

Yard Setbacks Number of Building Ground BuildingfStmcture Storeys Height Floor Area Front Rear Side Side

4.3 Indicate Land Uses on Abutting Properties North South

East I West

Town of Greaftr Napanee Official Plan Aneadmani Application Page 2

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 35 of 176 ñ3 a cusS Uk Pt0[Xr\ n I jI

5.0 NATURE OF PROPOSED AMENDMENT

5.1 Describethepurposeofthe proposed amendment To cad chon *S

5.2 Does the requested amendment change, replace or delete a policy in the Official Plan? If yes, idenli’ the policy to be changed, replaced or deleted. []Ys [JNO

5.3 Does the requested amendment add a new policy to the Official Plan? []YES NO

5.4 Does the requested amendment propose to change or replace the current Official Plan’s land use designation for the subject iand? If yes, identify the new designation. DYES [NO

5.5 What land uses are permitted by the curmut official plan designation on the subject land? eàccc1 ax4L,. v0j-a Oryru-nto8\c.

5.6 What land uses would be pennitted by the proposed official plan amendment on the subject land? coQcqct OnOJ CcdnvfrLSbc&k\t çc ec.k Cs bJ sk-rtn+5 — ott-1r Ce •v’a CC LCCL LL&C

5.7 If the requested amendment changes, replaces, deletes or adds a policy to the Official Plan, provide the text of the proposed amendment.

Cçg .L’pct\A tk’rres ‘ 9rntr+tj 40 rre-tcc

flO r-E rV’a*jjt ci1o

6.0 STATUS OF OTHER PLANNING APPLICATIONS

6.1 Are there any existing or have there been previous applications made under the Planning Act for a minor variance or a consent, an amendment to an official plan or zoning by-law or a Minister’s zoning order, or approval of a plan of subdivision or a site plan that involves:

a) The subject land? EJYES []No b) Land within 120 metres ofthe subject land? LYES NO

Town of Gremcr Wapinec Offici& Plan Amcnd.nmt Application pa8,3

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 36 of 176 6.1 c) If YES to (a) or (b) above, and if known, list below or attach on a separate page:

Effect on the Address of Type of Application File Number Proposed Status Property Amendment

7.0 SERVICING

7.1 Indicate the existing and proposed servicing type for the subject land.

Water Suocly E,cistin Proposed Sewage Disposal Existi Proposed Public piped water system Li Public piped sewage system Li Private communal well(s) fl Private communal septic system Li Private individual well(s) [J Individual septic system(s) [] Li Lake or other water body [J Li Privy Li Li Other means Li Li Other means fl Li

Storm Drainage jflg Proposed Road Access Ecising Proposed Sewers Li Provincial highway Li Li Thtchesorswales [] County/regional road Li Li Other meins Li Li Municipal mad E’ Li Private road or other means [J fl

8.0 PLANNING JUSTIFICATION

8.1 Indicate how the proposed amendment complies with the relevant portions of the Official Plan.

8.2 Indicate how the proposed use(s) will he compatible with the surrounding land uses. dLrj Ut-’ tt SouJt, Wss c-# c i\Ca&J. vs .i.1)& S i)c,•L *c . 4 bts’s Co’ € Ut-e L\nSv k-c ij- Cc.r-€ ore c—r-C c Vtc’(. c Sc€ c- huLsi’r&Si nz c0nLe-a,-J -1-ti±a CLr-cccAj €tsR-j.

Town ofGrcattr Nap.nee OtUcial Plan Aineadmeal Application

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 37 of 176 ______

8.3 Indicate how the proposed amendment relates to the overall goals and objectives of the Provincial Policy Statement issued under the Planning Act. SQruLt. ui4kR n n’-

cr•j- -t eslsLc -,- cok. -k

cLZ Ct C v aeop1 c C 4-’ utjn rvcxnj LcL-L1

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9.0 DECLARATION e’%-1 fl.C02C4 - (-,--ecOe r C’&N J , ofthe in the (name of applicant) (name of municipality/township)

- L h,n County of X. solemnly declare that all the infommtion contained in this application and any supporting documents is true.

Declared before me at the Town of Greater Napanee in the County of Lennox and Addington this

dayof .aQik0. /

Commissioner of Oaths Applicant j’

10.0 OWNER’S AUTHORIZATION (if the applicant is not the owner) P3,_b ‘J- ntCfl Ltk I, (Gv’ L4\C6t) ,ofthe (Oa)r o Crcal-cr inthe (name of owner) (name of municipality/township) County of LerAo& dè am the owner of the land that is the subject of this application for an Official Plan Amendment and I hereby authorize k to act as my agent in this application.

-< - Signature of Owner

11.0 ACKNOWLEDGEMENT

In accordance with the provisions ofthe Planning Act, it is the policy of the Town of Greater Napanee to provide public access to all development applications and supporting documentation. r 4 I, , agree and acknowledge that this application and any supporting (name of applicant) material, including studies and drawings, filed with the application is public information, and forms part ofthe public record. As public information, I hereby consent to the Town photocopying and releasing the application and supporting materials for either its own use in the processing of the application or at the rcqucst of any third party.

2 Signature Date

Town of Gresrer NApsnee Official Plan Amendment Application Ptge

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 38 of 176 SCHEDULE “B” TO PLANNING FEES BY-LAW

AGREEMENT TO INDEMNIFY

Without limiting the foregoing, such costs and expenses will include all legal, engineering, planning, advertising and consulting fees and charges incurred or payable by the Municipality to process the application together with all costs and expenses arising from or incurred in connection with the Municipality being required, or requested by the applicant, to appear at the hearing of any appeal to the Ontario Municipal Board from any decision of the Council or Committee of Adjustment as the case may be, approving the applicant’s application.

The applicant acknowledges and agrees that if any amount owing to the Municipality in respect of the application is not paid when due, the Municipality will not be required to process or to continue processing the application, or to appear before the Ontario Municipal Board in support of a decision approving the application until the amount has been paid in frill.

The applicant frillier acknowledges and agrees that any amount owing by the applicant to the Municipality is, when due, a debt of the applicant and the Municipality may, in addition to any other remedies available to it at law, recover the amount owing together with interest from the applicant by action.

1 - 1./a’ %.J Witness Applicant t€,-* P.

AppLicant Witness \3 coo r.-an

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 39 of 176

j Page 40 of 176 I s( 17 Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... 2016 Application : PLOPMA Application : PLOPMA 2016 009 and PLZACO 010 - Official... 45

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Works Greater objections contact the and Any Plan have of GNU Zoning GREATER for Infrastructure Construction the required and jPubt reviewed the your Sewer owner, with FOR undersigned. Zoning By-law Wafts) current

MANY Napanee this changes Services Use the and TELS13-354-9338 REASONS amendment, for By-law submitted By-law. needs. must 310 for be Bridge additional If approved (Utiies) you request though Street require FAX water for would 613-354-2835 by File West. the any GNU. Page 41 of 176 meters, No. like further 6239 All to w&w.greatemopcnee.com or

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Emergency Services msAd vonce Ave. Nclponee, ON K7R 3Y6 IEL M3-354 3415 FAX 613-354-0277 www.greoternoponee.com

August 2, 2016

Gib Garrett Information Services] Planning. Cler Town of Greater Napanee 45 Commercial Court Napanee, Ontario K7R4A2

Re: 310 Bridge Street — PLOPMA2016 009 & PLZACO2016 010 824 Palace Road — PLZACO2016 008

Following review of the proposed zoning and of?cial plan amendments, we discovered no issues or concerns from an emergency services perspective.

Thank you for the opportunity to comment on these proposals. .

Kevin Duncan,

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 43 of 176 Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario K7R 3L4 Application for an Amendment to the Zoning By-law of the Town of Greater Napanee

For office use unk Date Received Date Complete File No(s) Fee(s) Paid

! LLACU %oiOIt3

1.0 APPLICANT INFORMATION

1.1 Complete the information below and indicate which contact is the Prime Conrad (to whom all communications will be directed).

Name Address PhoneiFax/E-,nail

Regis:cred Oxvnerfr - Business 8 Richmond Park Drive (613)354-330] (100) I he L&A County General - Napanee. ON Fax P Hospilal Foundalion K7R 2Z4 n/ a Home/Cell

E-mail mdi ckerson(ei I acgl I.na Applicantts) Btisiness 8 Richmond Park Drive (613)354-3301 (400) Robert Paul Napanee. ON Fax Bob Vrooman K7R 2Z4 nla Home/Cell

E-mail mdickersonlacgh.na Agent. ifany (eg. Planning Consultant) Business

- as above Mtchelle- Dickerson as above Fax

Home/Cell

E-mail as above Solicitor Business

- Madden. Simian & Cowle (6l3)354-2I6I Bruce C owle - - - Barrtsters & SolicItors Fax

- (613)354-5027 i Bridge STreet Last Home Cell K7R3L8P.O. box 37. Napance. ON

E-matl brueenapanee la’vyer * If a companY, please give name and phone number(s) of principal owner (or president).

2.0 PROPERTY INFORMATION

LolIs)/Block(s) Coneessitw - Rethstered Plan No. PTLT 17-18 One P11.2 29R8626 Relèrence Plan No Pan(s) Parcel \ss.

Fonner Municipality Municipal Address Township of Richmond 310 Bridge Str. West. Napance. ON. K7R 0A4 Assessment Roll #: 112- oco o2n ‘]_3(0oO

Town offlmater Napanee Zoning By-law Atnettd toetst Application Page I

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 44 of 176 2.1 Particulars of the Subject Land (use metric units):

Frontage Average Depth Area 149.254 171,409 27898.047 Current Oflicia] Plan Designation Current Zoning Designation

2.2 Provide the names and addresses of the holders of any mortgages, charges or other encumbrances in respect of thc subject land. n/a

Apt-il 2, 2015 2.3 Date thc subject land was acquired by the current owncr:

3.0 EXISTING AND PREVIOUS USES OF THE SUBJECT LANDS

Existing Phsicians, dental office, hearing & physiotherapy clinics, laboratory &

3.1 use(s) and . pharmacy. fitness center, patient services and collee shop. duration Previous uses 3.2 (if known) Nursing Home. and duration

3.3 List any existing Buildings or Structures on the Property

Yard Setbacks Number . . Ground . . Year Building Building/Structure . of . Floor Built Height Front Rear Side Side Storeys Area

Complex 42.7 736 5.83 32.6 7 I 6.73 5918.28

3.4 Is the subject land (or buildings) subject to a demolition control by-law or is it designated or identified for possible designation under the Ontario Heritage Act? D YES NO D DONT KNOW

4.0 PROPOSED USE OF THE SUBJECT LANDS

4.1 What is the proposed use of the subject lands?

Rental space within existing footprint.

Town of Greater Napanec Zoning By-law Amendment Application Page 2

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 45 of 176 4.2 List any Proposed Buildings and Structures (attach a separate page if necessary)

Yard Setbacks Number of Building Ground Building/Structure Storeys Height Floor Area Front Rear Side Side

4.3 Attach a sketch showing (in metric units): a) The boundaries and dimensions of the subject land; b) The location, size and type of all existing and proposed buildings and structures on the subject land, indicating their distance from the lot lines; c) The approximate location of all natural and artificial features located on the subject land or adjacent land that might affect that application; d) The current uses of land that is adjacent to the subject land; e) The location, width, name and type of any roads within or abutting the subject land; 1) The location of parking and docking facilities if access is to he by water only; and g) The location and nature of any easements affecting the subject land.

5.0 NATURE OF PROPOSED REZONING

5.1 Describe the nature and extent of the rezoning requested.

To add: Additional types of organizations such as business, professional, administrative offices,

eating establishments and other commercial businesses to existing uses.

5.2 State the reason(s) why the rezoning is requested. To utilize existing space to house businesses and services that complement those already in house and meet the more varied needs of the general public in that sector of the community and those

citizens already using the services of one or more of the facilities businesses.

5.3 Does the requested rezoning conform to the Official Plan? YES NO If yes, explain how it conforms.

If no, has an application for an Official Plan amendment been completed? YES ENO

6.0 STATUS OF OTHER PLANNING APPLICATIONS

Town ofGrealer Napance Zoning By-law Amendment Applicalion Page 3

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 46 of 176 6.2 If YES to 6.1. and if known. list below or attach on a separate page:

File Type of Application Number/Ontario Details Status Regulation Number

7.0 SERVICING 7.1 Indicate the existing and proposed servicing type for the subject land. Water Supply Existing Proposed Sewage Disposal Existing Proposed Public pipcd water system Public piped sewage system D Private communal well(s) Private communal septic system D D Private individual well(s) Individual seplic system(s) D D Lake or other water body D D Privy D D Other means Other means D D Storm Drainage Exisling Proposed Access Existing Proposed Sewers Provincial highway D D Diiches or swales County Road D D Other means D Municipal road D Water D D Other means D IEI

8.0 PLANNING JUSTIFICATION

8.1 Indicate how the proposed use(s) will he compatible with the surrounding land uses. The complex and area surrounding the complex houses a hospital, health care related

businesses,facilitics for the elderly and the physically challenged and will shortly house a facility

for acquired brain injury patients. Additionally the South West of Napanee is expanding in

population away from where the added businesses we wish to house are presently concentrated.

Providing a convenient, safe, indoor selection of businesses to compliment those already existing.

8.2 Indicate how the proposed amendment relates to the overall goals and objectives of the Provincial Policy Statement issued under the Planning Act. Adding services within an existing structure and established footprint contributes to the growth and

development of services to an expanding population of the town, many with special needs and

restricted mobility, while maintaining the present character of that area of town,

Tow” of Greater N apaaaee Zo titig By—law Aieii drnent Applicaiton Page 4

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 47 of 176 ______

9.0 DECLARATION

I. Robert Paul of the Town of Greater Napanee in the (name of applicant) (name of municipality/township) County of Lennox & Addingston solemnly declare that all the information contained in this application and any supporting documents is true.

Declared before me at the Town of Greater Napanee in the County of Lennox and Addington this 15 dayof June 2016

Commissioner of Oaths

10.0 OWNER’S AUTHORIZATION (if the applicant is not the owner)

Bob Vrooman (for LACGI IF) lown of Greater Napanee I. . of the in the (name of owner) (name of municipality/township) County of Lennox & Addington am the owner of the land that is the subject of this application for a zoning by-law amendment and I hereby authorize Robert Paul to act as my agent in this application.

Signature of Owner

11.0 ACKNOWLEDGEMENT

In accordance with the provisions of the Planning Act. it is the policy of the Town of Greater Napanee to provide public access to all development applications and supporting documentation.

Robert Paul I. - agree and acknowledge that this application and any supporting (name of applicant) material, including studies and drawings. filed with the application is public information, and forms part of the public record. As public information. I hereby consent to the Town photocopying and releasing the application and supporting materials for either its own use in the processing of the application or at the request of any third party.

Sianaturc Date

TowEl of Greawr Napwiee Zoning By-law Amendment Appticalion Page 6

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 48 of 176 __

ZONING AMENDMENT Greater Napanee APPLICATION FEES GREATER FOR MANY REASONS

c\ocR ° have read the above and agree to reimburse the Town of (name of applicant) Greater Napanee for all costs related to my zoning amendment application, once invoiced by

the Town.

Dated this 5 day of JLkYt , 20’?

Name of Applicant Municipal Staff

LC6 br\nJion

LftC6k urao-Ron

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 49 of 176 .4 G. 7

4t - 7’ Page 50 of 176

1. A

Pt Si’ V Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... 2016 Application : PLOPMA Secretary or Chainnan that notice has been given pursuant to this by-law shall be sufficient and conclusive evidence of the giving of such notice. The Board may appoint a day or days in any month or months for regular meetings at an hour to be named and of such regular meeting no notice need be sent. A Director’s meeting may also be held, without notice, immediately following the annual meeting of the Foundation. The Directors may consider or transact any business either special or general at any meeting of the Board.

7. ERRORS IN NOTICE, BOARD OF DIRECTORS No error or omission in giving such notice for a meeting of Directors shall invalidate such meeting or invalidate or make void any proceedings taken or had at such meeting and any Director may at any time waive notice of any such meeting and may ratify and approve of any or all proceedings taken or had thereat.

8. VOTING, BOARD OF DIRECTORS Questions arising at any meeting of Directors shall be decided by a majority of votes. In case of an equality of votes, the Chairman, in addition to his original vote, shall have a second or casting vote. All votes at any such meeting shall be taken by ballot if so demanded by any Director present, but if no demand be made, the vote shall be taken in the usual way by assent or dissent. A declaration by the Chairman that a resolution has been carried and an entry to that effect in the minutes shall be admissible in evidence as prima facie proof of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. In the absence of the Chairman his duties may be performed by the Vice-Chairman or such other Director as the Board may from time to time appoint for the purpose.

9. POWERS The Directors of the Foundation may administer the affairs of the Foundation in all things and make or cause to be made for the Foundation, in its name, any kind of contract which the Foundation may lawfully enter into and, save as hereinafter provided, generally. may exercise all such other powers and do all such other acts and things as the Foundation is by its charter or otherwise authorized to exercise and do.

Without in any way derogating from the foregoing, the Directors are expressly empowered, from time to time, to purchase, lease or otherwise acquire, alienate, sell, exchange or otherwise dispose of shares, stocks, rights, warrants, options and other securities, lands, buildings and other property. movable or immovable, real or personal, or any right or interest therein owned by the Foundation, for such consideration and upon such terms and conditions as they’ may deem advisable.

10. REMUNERATION OF DIRECTORS The Directors shall receive no remuneration for acting as such.

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 51 of 176 14. DUTIES OF THE TREASURER The Treasurer, or person performing the usual duties of a Treasurer, shall keep frill and accurate accounts of all receipts and disbursements of the Foundation in proper books of account and shall deposit all moneys or other valuable effects in the name and to the credit of the Foundation in such bank or banks as may from time to lime be designated by the Board of Directors. The Treasurer shall disburse the finds of the Foundation under the direction of the Board of Directors, taking proper vouchers therefore and shall render to the Board of Directors at the regular meetings thereof or whenever required of him, an account of all his transactions as Treasurer, and of the financial position of the Foundation. The Treasurer will also perform such duties as may from time to time be determined by the Board of Directors.

15. DUTIES OF OTHER OFFICERS The duties of all other officers of the Foundation shall be such as the terms of their engagement call for or the Board of Directors requires of them.

I & EXECUTION OF DOCUMENTS Deeds, transfers, licenses, contracts and engagements on behalf of the Foundation shall he signed by either the Chairman or Vice-Chairman and by the Secretary, and the Secretary shall affix the seal of the Foundation to such instruments as require the same. Contracts in the ordinary course of the Foundation’s operations may be entered into on behalf of the Foundation by the Chairman, Vice-Chairman, Treasurer or by any person authorized by the Board.

The Chairman. Vice-Chairman, the Directors, Secretary or Treasurer, or two persons from time to time designated by the Board of Directors may transfer any and all shares, bonds or other securities from time to time standing in the name of the Foundation in its individual or any other capacity or as trustee or otherwise and may accept in the name and on behalf of the Foundation transfers of shares, bonds or other securities from time to time transferred to the Foundation, and may affix the corporate seal to any such transfers or acceptances of transfers, and may make, execute and deliver under the corporate seal any and all instruments in writing necessary or proper for such purposes, including the appointment of an attorney or attorneys to make or accept transfers of shares, bonds or other securities on the books of any company or corporation.

Notwithstanding any provisions to the contrary contained in the By-laws of the Foundation, the Board of Directors may at any time by resolution direct the named in which, and the person or persons by whom, any particular instrument, contract or obligations of the Foundation may or shall be executed.

17. BOOKS AND RECORDS The Directors shall see that all necessary books and records of the Foundation required by the By-laws of the Foundation or by any applicable statute or law are regularly and properly kept. 7

Application : PLOPMA 2016 009 and PLZACO 2016 010 - Official... Page 52 of 176

TOWN OF GREATER NAPANEE ZONING BY-LAW AMENDMENT NOTICE OF PUBLIC MEETING

The Council of the Corporation of the Town of Greater Napanee intends to consider a Zoning By-law Amendment to Zoning By-law 02-22 of the Town of Greater Napanee. Pursuant to Section 34(12) of the Planning Act (R.S.O. 1990), Council will hold a public meeting on August 16, 2016, to outline the content and effect of the Zoning By-law amendment, as well as showing the lands affected. All those interested are hereby invited to attend the public meeting and express their view on the Zoning By- law amendment. PURPOSE The Town wishes to consider a number of changes to the zoning by-law to implement Official Plan Amendment No. 27, being the 5-Year Official Plan Update. The proposed changes will ensure that Zoning By-law No. 02-22 conforms with the Official Plan. Administrative changes, primarily clarifying the language and purpose, updating terminology and provisions to reflect current planning practice, amending certain provisions to clear-up inconsistencies, and addressing errors in the zoning maps, are also being considered.

Some of the proposed changes to the Zoning By-law include: • New, deleted and amended definitions of terms used in the by-law; • New general provisions relating to bicycle parking, special care facilities and secondary suites; • Modifications to the general provisions relating to accessory building height, amenity area, dwelling unit locations, non-complying buildings, and environmental features; • New minimum lot size requirements for residential uses in open space, prime agriculture, restricted agriculture, rural, shoreline residential, and hamlet residential zones; • Updated use permissions in a variety of zones; • New administrative provisions to permit immaterial changes to the by-law; and • Updated zoning maps to reflect site-specific changes and more current Environmental Protection lands mapping.

EFFECT OF THE ZONING BY-LAW REQUEST The rezoning will result in a number of updates to the Zoning By-law to implement Official Plan Amendment No. 27, being the 5 year OP Update as well as some administrative changes, primarily clarifying the language and purpose, amending certain zoning provisions to clear-up inconsistencies, and to address errors in the zoning maps. LOCATION OF PROPERTY This update to the Zoning By-law will affect lands throughout the Town of Greater Napanee. No key map is provided because the amendment affects lands throughout the municipality. OTHER APPLICATIONS The lands are not subject to other applications related to this amendment. NOTICE OF APPEAL If a person or public body does not make oral submission at a public meeting or make written submission to the Town of Greater Napanee before the Zoning By-law Amendment is passed, the person or public body is not entitled to appeal the decision of the Council for the Town of Greater Napanee to the Ontario Municipal Board.

Application : Zoning By-law Amendment to By-law No. 02-22 A... Page 53 of 176 If a person or public body does not make oral submissions at a public meeting, or make written submission to the Town of Greater Napanee before the Zoning By-law Amendment is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. PUBLIC MEETING PLACE The public meeting will be held at the Council Chamber of the Town Hall, Greater Napanee, August 16, 2016 at 7:00 p.m. For further information contact:

Gib Garrett, Planning Clerk Town of Greater Napanee 45 Commercial Court Napanee, ON K7R 4A2

Or phone (613) 354-5931 (Extension 2114) during regular business hours.

Susan Beckel (Clerk)

Application : Zoning By-law Amendment to By-law No. 02-22 A... Page 54 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

1: Update to Zoning By-law No. 02-22: Statutory Public Meeting

Welcome to the Statutory Public Meeting for the update to Zoning By-law No. 02-22 (ZBL).

PURPOSE: - provide information on proposed update to zoning by-law - Obtain feedback from the public Page 55 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

2: Update to Zoning By-Law 02-22: What is a Zoning By-law?

What is a Zoning By-law? A zoning by-law controls the use of land in the community. It states exactly: how land may be used; where buildings and other structures can be located; the types of buildings that Zoning are permitted and how they may be used; the lot sizes and By-law dimensions, parking requirements, building heights, and setbacks from the street. The zoning by-law implements the Municipal Official Plan and provides for its day-to-day administration Official Plan What is an Official Plan? An Official Plan sets out the municipality’s general policies County Official for future land use. Plan

Why Do We Need an Update to the Zoning By-law? The Planning Act requires that municipal councils update their Official Plan at least every five years. The Town recently Provincial Policy updated the Official Plan in 2014. As one of the tools used by Statement (2014) the municipality to implement the Official Plan policies, the Zoning By-law now needs to be updated to reflect and implement changes made through the 5-year Official Plan update. Page 56 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

3: Zoning By-Law 02-22 Update: What Changed in the OP? The updates to the Official Plan (OP) made in 2014 were required to make the OP consistent with the Provincial Policy Statement, to address policies derived from Provincial Bill 51, and to address local initiatives and issues. Some of the changes included: Sustainability: A new section was added to the OP to support sustainability initiatives and to increase the Town’s eligibility for funding for infrastructure projects and services. Secondary Suites: The urban and rural residential policies were amended to provide direction on intensification and secondary residential units. Natural Heritage: The environmental objectives, principles and policies of the OP were amended to include recommendations from the Town of Greater Napanee Phase 1: Natural Heritage Report (2008) Housing for Social Needs: New policies and definitions were added related to Special Care Facilities and Group Homes. Ground Water and Sourcewater Protection: New policies were added to protect drinking water sources. The Zoning By-law now needs to be updated to reflect these and other changes. Page 57 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

4: Zoning By-law 02-22 Update: Schedule

We Are Here Page 58 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

5: Zoning By-law 02-22: Summary of Changes

The Zoning By-law is proposed to be updated to reflect these and other changes. Page 59 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

Zoning By-law 02-22: Schedules 1-4 Page 60 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

Zoning By-law 02-22: Schedules 5-8 Page 61 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

Zoning By-law 02-22: Schedules 9-12 Page 62 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

Zoning By-law 02-22: Schedules 13-16 Page 63 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

Zoning By-law 02-22: Schedules 17-20 Page 64 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

Zoning By-law 02-22: Schedules 21-24 Page 65 of 176 A... Application : Zoning By-law Amendment to By-law No. 02-22

Zoning By-law 02-22: Schedules 25-27 Page 66 of 176

Aug 16, 2016

ABNA Investments Ltd.

Gibbards Furniture Factory FIT Application

[COUNCIL RESOLUTION REQUEST, FIT 5 APPLICATION SUPPORT]

The following document is a request to the Town of Greater Napanee Council to support ABNA Investments Ltd. FIT application for the installation of a 500 KW water turbine generator as part of the Gibbards Furniture Factory redevelopment.

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 67 of 176

The Gibbards Furniture Factory redevelopment and the ABNA Investment teams want to bring an environmental aspect to our final product. The Gibbards redevelopment site along with the Napanee River elevation change at Springside Park is considered the second best catchment area of untapped water power resources by the Ministry of Natural Resources in all of Ontario. Our ownership team is proposing the construction and installation of a 500KW water turbine generator which would tap into the existing furniture factory water supply channel and supply power into the Napanee area grid using the Ontario government FIT program. Our ownership team will be only considering the construction of a 500KW water generating station if a FIT contract is received otherwise this green power would go untapped. Construction of a 500 KW water turbine generator at a later date would not be feasible based on astronomical economic impact and difficulty of constructability. The surrounding area Hydro infrastructure with limited changes would virtually be ‘plug and play’ from the next door Hydro Transfer Station (beside Pumping Station) to our water turbine generator (this has been confirmed by Hydro One). The construction plan would include installing a new water pipe from the existing factory water inlet to our small generator station 16 m2 in the lower bank of the Gibbards Property. Our site would allow for an 11 m elevation drop capable of driving a 500 KW generator. Figure 1.1 Pipe Layout below, shows the approximant location of the existing and new water pipe.

Figure 1.1 – Water Pipe Layout and Generator House.

The generator house will be a 16m2 pre-engineered building built into the bank. Figure 1.2 Generator House Rendering shows view from south side of property. The water turbine will be located inside the generator house with power lines connected to Transfer Station next door. Attached in Appendix 1 – Water Turbine Design the basic layout and dimensions of the turbine and generator house layout.

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 68 of 176

Figure 1.2 Generator House Rendering.

Water power generation is the most efficient use of natural resources, most efficient use of land area relative to power generated and the most consistent power generation of all the green energy sources. There has been a misconception of “water power generation requires a BIG generating station”. This is simply not the case. There are hundreds of small water power possibilities which could add up to a large KW input into our Hydro systems. These small systems like the FIT Gibbards opportunity can be quiet, environmentally friendly and economically constructed to help our Province continually push to create a greener environment for the future.

We are asking the Town of Greater Napanee consider supporting our FIT application for a new 500 KW water generating station at the new redeveloped Gibbards Furniture Factory site.

Sincerely

Ben Doornekamp, P. Eng. Abna Investments Ltd.

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 69 of 176 Appendix 1 – Water Turbine Design

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 70 of 176 ______

120AdmIaldiStrnt Weit, SuIt.iax Toronto.OntarioMSH ITt & I%..J%J;ncn FEED-IN TARIFF WRITABLEFORM - W PROGRAM T41656?-7374 connectingtoday. F 416-96?-t947 werlng Tomorrow INSTRUCtIONS:MUNICIPAl.COUNCILRESOLUTIONCONFIRMATION Section3.8(g)and S.1(gfll) of the FITRules, Version 5.0 I I I Page of I Jun2016 I 1ESOMRD/f.FIT-012r1

Capitalizedterms not defined herein have the meanings ascribed to them in the FIT Rules,Version5.0.

INSTRUCtIONSAPPUCABLETOALLPRESCRIBEDFORMS

1. The instruction page is not required to be submitted with the hard copy Applicationmaterials.

2. Where the Prescribed Formhas multiple pages, the Prescribed Form should be stapled.

3. The first page of the Prescribed Formmust be marked with the FITReference Number associated with the Application.

4. Information provided in the Prescribed Form must be consistent with the information provided in the electronic Application Form.

5. Where a blank field for a section/page reference is provided in a Prescribed Form,enter the section/page reference of the Applicationwhere the substantiating evidence for that particular item can be found.

6. Apart from the completion of any blanks, bullets or similaruncompleted information in the Prescribed Form,no amendments may be made to the wording of this Prescribed Form.

7. EachPrescribed Formmust be completed in its entirety. Fieldsmarked ‘ifapplicable’must be completed ifapplicable to the Application.Ifnot applicable, they should be marked “not applicable”.

8. Ifthe signature of the Applicantis required for a Prescribed Form,the Prescribed Formmust be signed by a person with authority to bind the Applicant

9. Withthe exception of this instruction page, instructions within the Prescribed Formwillbe enclosed in brackets and italicized.

INSTRUCTIONSSPECIFICTOTHISPRESCRIBEDFORM

10. The Prescribed Form: MunicipalCouncilResolutionConfirmation may not be used as a substitute for a MunicipalCouncil Support Resolution or a LandUseRestriction ExemptionResolutionwhere no MunicipalCouncilSupport Resolutionor Land Use Restriction ExemptionResolutionwere previouslyissued for the Project.

11. Apre-existing FIT4,0.1 MunicipalCouncilSupport Resolution(that was not a blanket resolution) and a pre-existing FIT4.0.1 LandUse Restriction ExemptionResolution may be provided to the IESOby an Applicantas Exhibit“A’,so long as the resolutions were issued by the Municipalityand are stillin effect in relation to the Applicantand the Project.

12. The FIT5.0 Template: MunicipalCouncilSupport Resolutionand the FIT5.0 Template: LandUse RestrictionExemption Resolutionmust be attached as Exhibit ‘A”,ifapplicable.

13. The Prescribed Form: MunicipalCouncilResolution Confirmationis not required to be used for a Template: MunicipalCouncil BlanketSupport Resolution.

14. The Prescribed Form:MunicipalCouncilResolutionConfirmation must be completed by an authorized representative of a Local Municipality.

15. Where no resolution number exists, insert “N/A”into the appropriate field.

16. Allfields in item 3 of the Prescribed Form must contain the same information as stated in any MunicipalCouncilSupport Resolutionor LandUseRestriction ExemptionResolution provided, and which is attached.

17 The Applicantlegal name, Project address, PIN(or legal description) and Renewable Fueltype 17jg match the information provided in the electronic Application.

18. IfProject details have changed from the previouslygranted FIT4.0.1 MunicipalCouncilSupport Resolution,a new FIT5.0 MunicipalCouncilSupport Resolution Is required.

19. The originalink signature must be provided on the Prescribed Form included with the hard copy Applicationmaterials.

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 71 of 176 ______

- l2OAdeIaIdeStrntWut,SuItal6GO j c FEED-IN TARIFF WRITABLEFORM Toronto. Ontario MSH IT1 —P” PROGRAM T416-967-7474 ConnectingToday. F 616-967-1947 PtwaringThmorro’it www em Ca PRESCRIBEDFORM:MUNICIPALCOUNCILRESOLUTIONCONFIRMATION Section3.84g)and 5.1(gfll) ofthe FITRules, Version S.D PageSof2 I Jun2016 p IESOMRD/f-FIT.012r1 IT FITReference Number: Resolutionnumber:

(The FITReference Number must be inserted by the Applicant Date resolution(s) was passed: in order for the resolution to comply with the FITRules.)

!i Capitalizedterms not defined herein have the meanings ascribed to them in the FITRules,Version5.0.

Iam the / an Clerk of the Townof Greater Napanee (the “Municipality”),and have the delegated authority to provide this confirmation on behalf of the Municipalityand without personal liability.

?J ASNAInvestments Ltd. (the ‘Applicant’)proposes to construct and operate a

(Thismust be the same Applicant(Ic., same name) as stated in the MunicipalCouncilSupport Resolutionor LandUseRestrictionExemptionResolutionprovided,as attached)

hydra generation project (the ‘Project”)on

(Thismust be the some descriptionas stoted Inthe MunicipalCouncilsupport Resolutionor Land use RestrictionExemptionResolutionprovided,os ottoched)

Part of Lot 23, Concession 2,88 DundasStreet East (the “Lands”) (Thismust be the same descriptionas the wads in the MunicipalCounciiSupport Resolutionor LandUseRestrictionExemptionResolutionprovided, as ottached)

in the Municipalityunder the province’sFITProgram.

-±J The resolution(s) provided with this Confirmation is (check one or both as opplicoble):

a) 5 A MunicipalCouncilSupport Resolution (ifselected, check either 1) ar2) as applicable):

1) fl Anew FIT5.0 MunicipalCouncilSupport Resolution. (If selected the resolution must be attached as Exhibit“A”)

2) Apre-existing FIT4.0.1 MunicipalCouncilSupport Resolutionwhich has not been rescinded, (ifselected the resolution must be

‘ attached as Exhibit “A”)

i) I have confirmed that the Project being proposed by the Applicantunder the Province’sFITProgram is the same Project on the same Landsas the Project that was the subject of the MunicipalCouncilSupport Resolutionattached as Exhibit“A”.

b) j A LandUse Restriction ExemptionResolution(ifselected, checkeither 1) or 2) as applicable):

1) Anew FITS.DLandUse Restriction ExemptionResolution. (ifselected the resolution must be attached as Exhibit“A”)

2) A pre-existing FIT4.0.1 LandUse RestrictionExemption Resolutionwhich has not been rescinded. (,fselected the resolution rI must be attached as Exhibit “A”)

i) Ihave confirmed that the Project being proposed by the Applicantunder the Province’sFITProgram is the same Project on the same Landsas the Project that was the subject of the LandUse RestrictionExemptionResolutionattached as Exhibit ‘A”.

L Name: Signed:

Title: Date:

(Signature blockfor authorized signee. Must bean original inksignature)

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 72 of 176 ______

120AdelaideStreetWelt Suite16CC leso FEED-IN TARIFF WRITABLEFOR Toronto Ontano MSHiT! F416961-194] \ ConnectingToday. • www eno.ca werIng Tomorrow. PRESCRIBEDFORM: MUNICIPALCOUNCIl.RESOLUTIONCONFIRMATION Section 3.8(g) and S.1(g)(I)of the FITRules,Version 5.0 Page 2 of 2 Jun 2016 IESOMRD/f-F1T-012r1 I I [ EXHIBIT“A’ RESOLUTION(S)

(Attach one or more of the FIT40.1 Municipal Council Support Resolution previously passed in support of the Project, the new FIT5.0 Municipal Council Support Resolution, the FIT4.0.1 Land Use Restriction Exemption Resolution previously passed in support of the Project, or the new FIT5.0 Land Use Restriction Exemption Resolution, as applicable,)

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 73 of 176 Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... INSTRUCTIONS Section Capitalized INSTRUCTIONS

Instructions:

L ‘ 9. 10. 7. 5. 6. 4. 3. 2. 8. 1. 5.1(g)(i) The Municipal The councils authority

Support to System on ieso Points. individual(s) Independent separate Apart Application A Words in Where brackets with The resolution) may The Project. received Information pre-existing paragraph be the terms Template: entirety first instruction be the considered of Operator from Municipal Council in the SPECIFIC Priority the APPLICABLE modified In Resolution of Application. page must a Prescribed to between Electricity Council not this FIT FIT resolution Local that the Form staff provided in of 6 defined Rules, of Rules, Municipal not Municipal or case order the below, completion Points page was TO the Municipalities for complete. to equivalent in Resolution Council be square resolution Version must the follow order THE Form; issued TO additional Version resolution for is changed FEED-IN has in herein will may not Applicant ALL the the Council RESOLUTION Council be multiple for 4.0 brackets not standard Municipal be Support required of by the resolution Application RESOLUTIONS governing 3.0 Confirmation have the (all any made the be in approvals. have must same Support Municipal Support order awarded blanks) Application must blanks Municipality the RAM TARIFF pages, (i.e. procedure to to Resolution the be Council as meanings for the must be body attach “[“ marked, to shown option in must Resolution Resolution the submitted the if be wording as and Council the the be letterhead. Resolution to resolution Exhibit awarded the Application be of and template fl]fl) consistent in of be resolution ascribed by the completed the pre-existing drafting Support awarded that are of the may must with “A”. issuing template this immaterial Priority Applicant, The is Confirmation should resolution, be to the still to be with form. the includes Resolution them provided Priority language body. and be attached hard in Municipal Template: Points, the be in awarded effect it in order with ______to stapled. copy Wording must information Page additional no the Points. the to as of and to (that in the amendments, I for Application the FIT the Exhibit Council be of intent the relation Priority Municipal all i FIT the signed Rules, was not IESO Template: separate Prescribed conditions Reference Applicant Apr of provided “A”. contained not Support Points. by to the Version by 2015 Council materials. the the a other Page 74 of 176 an template blanket Prescribed Municipal 120 Applicant Applicant Forms appropriate Resolution in to or Number 4.0, AdetaIde within IESOMRD/f-FIT-010r2 the Support than delegation obtain support electronic Toronto, must resolution those Street square Council Form: that and associated Priority to Resolution be We3t, OntarioMSH the had T416967-7474 the outlined F of signed 416967.1947 Suite and 1600 ITI ______

110AdeLaideStreet West. SuIte 1600 eso FEED-IN TARIFF Toronto, Ontar,oM5H ITI PROGRAM T416967-7474 ‘ Electricity Independent F416967I947 System Operator ‘Nq’w.ie.ca

Instructions: Municipal Council Support Resolution Section 5.1(g)(i) of the FITRules, Version 4.0 Page i of i Apr 2015 PESOMRD/f-FIT-010r2

11. The Prescribed Form: MunicipalCouncilResolutionConfirmation may not be used as a substitute for a MunicipalCouncilSupport Resolution where no MunicipalCouncilSupport Resolution was previously issued for the Project.

12.Where no resolution number exists, insert ‘N/A”into the appropriate field.

13. ApplicantLegalName, Project Address and Renewable Fueltype must be the match the information provided in the electronic application,

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 75 of 176 ______

• 120AdelaIdeStreetWest,SuIte1600 ieso FEED-IN TARIFF Toronlo, Ontario M5HITI Independent Electricity 1416.967-7474 F 416967.1947 Syslem Operator ww.9.ieso.ca

Template: Municipal Council Support Resolution Section 5.1(g)(i) of the FITRules, Version 4.0 Page 1 of 1 Apr 2015 IESOMRD/f-FIT-010r2 1

Resolution Number: FITReference Number______

(The FITReference Number must be inserted by the Applicant Date Resolution was passed: in order for the resolution to comply with the FITRules, even where LocalMunicipality letterhead is used. Thisis not to be inserted by The LocalMunicipality.)

[WHEREAS]capitalized terms not defined herein have the meanings ascribed to them in the FITRules, Version 4.0.

[ANDWHEREAS]Abna Investments Ltd (the “Applicant”) proposes to construct and operate a Hydro Generation Project (the “Project”) on Part of Lot 23, concession 2,88 Dundas Street East (the “Lands”) in Town of Greater Napanee under the Province’s FIT Program;

[AND WHEREAS]the Applicant has requested that Council of Town of Greater Napanee indicate by resolution Council’s support for the construction and operation of the Project on the Property.

[AND WHEREAS]pursuant to the FITRules, Version 4.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FITContract prior to other Persons applying for FITContracts;

[NOW THEREFOREBE IT RESOLVEDTHAT]:

Council of the Town of Greater Napanee supports the construction and operation of Project on the Lands.

This resolution’s sole purpose is to enable the Applicant to receive Priority Points under the FITProgram and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose.

Signed: Signed:

Title: Title:

Date: Date:

(Signature linesfor elected representatives. At least one signature is required.)

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 76 of 176 ______

120 Adelaide Street West! Suite 1600 • — Toronto! Ontario M5H IT1 4 T 416-967-7474 ConnectingToday. F 4169671947 PoweringTomorrow. Www.Ieso.ca

Instructions: Land Use Restriction Exemption Resolution

Section 3.8(g) of the FITRules, Version 5.0 Page i of’ Jun 2016 IESOMRD/f-FIT-021r1

Capitalizedterms not defined herein have the meanings ascribed to them in the FITRules,Version 5.0.

INSTRUCTIONSAPPLICABLETOALLRESOLUTIONS

1. The instruction page is not required to be submitted with the hard copy Applicationmaterials.

2. Where the resolution has multiple pages, the resolution should be stapled.

3. The first page of the resolution must be marked, by the Applicant,with the FITReference Number associated with the Application.

4. Information provided in the resolution must be consistent with the information provided in the electronic Application Form in order for the resolution to be considered eligible.

5. Apart from the completion of any blanks in the template resolution, no amendments, other than those outlined in instruction 6 below, may be made to the wording of this form.

6. Words in between square brackets (i.e. “[“ and “]“) are immaterial to the intent of the template resolution and may be modified to followstandard procedure of the issuingbody. Wording not contained within square brackets must not be changed in order for the resolution to be considered eligible.

7. The entirety of the resolution (all blanks)must be completed and it must be signed by an appropriate individual(s)in order for the resolution to be considered eligible.

INSTRUCTIONSSPECIFICTOTHISRESOLUTION

8. Councilsof LocalMunicipalitieshave the option of drafting the Template: LandUse Restriction Exemption Resolution on the Councilor equivalent governing body letterhead-The language of the Template: Land Use Restriction Exemption Resolution must be the same as shown in the template in order for the Applicantto obtain exemption from the residential, commercial or industrial land-use restrictions under the FITProgram. The exemption willnot be accepted ifthe resolution includes additional conditions or delegation of authority to staff for additional approvals.

9. The Template: LandUse Restriction Exemption Resolution must be attached to the separate Prescribed Form: MunicipalCouncilResolutionConfirmation as Exhibit“A”.

10. The Prescribed Form:MunicipalCouncilResolution Confirmation may not be used as a substitute for a Land Use Restriction Exemption Resolution where no LandUse Restriction Exemption Resolution was previouslyissued for the Project.

11. Apre-existing FIT4.0.1 LandUse Restriction Exemption Resolution may be provided to the IESOby an Applicant as Exhibit“A”,so long as the resolution was issued by the Municipalityand is still in effect in relation to the

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 77 of 176 ______

120Adelaide Street West. Suite 1600 FEED—INTARIFF Toronto, Ontario MSHITI PROGRAM ,eSoI T416967-7474 ConnectingToday. F 416-967-1947 PoweringTomorrow. VA,w.,eso.ca

Instructions: Land Use Restriction Exemption Resolution

Section 3.8(g) of the FITRules, Version 5.0 Page i of i Jun 2016 IESOMRD/f-FIT-021r1

Applicantand the Project. Inthis case the Applicant must attach the pre-existing LandUse Restriction Exemption Resolutionto the separate Prescribed Form:Municipal CouncilResolution Confirmation as Exhibit“A”.

12. Where no resolution number exists, insert “N/A”into the appropriate field.

13. The Applicantlegal name and Project PIN(or legal description) must match the information provided in the electronic Application.

14. ALandUse Restriction Exemption Resolutionallows for an Applicant’sProject to have its Site located, in whole or in part, on one or more Properties that would otherwise be restricted from use or require compliance with VisualScreening Requirements and Setback Requirements pursuant to Sections 2.3(e), 2.3(f), 2.3(g),and 2.3(h) of the FITRules.The LandUse Restriction Exemption Resolutiondoes not exempt a Non-RooftopSolar Project from the agricultural land use restrictions found in Section 2.3, includingthe requirements in 2.3(c)(v).

15. AnApplicantwho submits a Template: LandUse Restriction Exemption Resolution is not required to submit a Prescribed Form:ZoningCertificate for Non-Rooftop Solar Project.

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 78 of 176 ______

120 Adelaide Street West, Suite 1600 • — Toronto. Ontario M5H1T1

T416-967-7474 CcnnectingToday. F 4l6-967l947 ftwering Tomorrow. VAW’.Ieso.ca

Template: Land Use Restriction Exemption Resolution Section 3.8(g) of the FITRules, Version 5.0 Page 1 of 1 Jun 2015 IESOMRD/f-FIT-021r1

Resolution Number: N/A FITReference Number:______

(The FITReference Number must be inserted by the Applicant Date Resolution passed: was in order for the resolution to comply with the FITRules,even where LocalMunicipality letterhead is used. Thisis not to be inserted by TheLocalMunicipality.)

[WHEREASJCapitalizedterms not defined herein have the meanings ascribed to them in the FITRules,Version5.0.

[ANDWHEREASIABNAInvestments Ltd.(the “Applicant”)proposes to construct and operate a Non-RooftopSolar Project (the “Project”) on Part of Lot 23, concession2,88 Dundas Street East (the “Lands”)in Town of Greater Napanee under the Province’sFITProgram;

(ANDWHEREASJ,the Applicant has requested that the Councilof Town of Greater Napanee indicate by resolution that the Project has an exemption from any or all of the residential, commercial and industrial land-use restrictions as identified in Sections 2.3(e), 2.3(f),2.3(g)and 2.3(h) of the FITRules,Version5.0.

[NOWTHEREFOREBEITRESOLVEDTHATI:

Councilof the Town of Greater Napanee exempts the Project on the Landsas described above from any or all of the residential, commercial and industrial land-use restrictions as identified in Sections 2.3(e), 2.3(f),2.3(g) and 2.3(h) of the FITRules,Version5.0.

This resolution’s sole purpose is to provide municipal exemption from the above noted specificresidential, commercial and industrial land-use restrictions under the FITProgram and may not be used for the purpose of any other form of municipal approval in relation to the Applicationor Project, or for any other purpose.

Signed: Signed:

Title: Title:

Date: Date:

(Signature lines for elected representatives. At least one signature is required.)

Ben Doornekamp, ABNA Investments Inc. Re: Hydro Generation P... Page 79 of 176 TOWN OF GREATER NAPANEE SPECIAL SESSION OF COUNCIL Minutes of Meeting Held July 19, 2016 at 7:00 PM Council Chambers, Town Hall - 124 John St., Napanee PRESENT: Mayor Gordon Schermerhorn in the Chair, Deputy Mayor Marg Isbester, Councillor Ward 2 Max Kaiser, Councillor Ward 3 Roger Cole, Councillor Ward 4 Carol Harvey, Councillor Ward 5 Shaune Lucas

ABSENT: Councillor Ward 1 Michael Schenk CALL TO ORDER Mayor Schermerhorn called the meeting to order at 7:00 p.m.

Mayor Schermerhorn thanked the Greater Napanee Firefighters for providing their assistance to Loyalist Township on the weekend with an apartment fire in Amherstview. Council held a moment of silence for the Loyalist Township Firefighter, Patrick Pidgeon, who lost his life in that fire. ADOPTION OF AGENDA RESOLUTION #311/16: Kaiser & Harvey That the Agenda of the Special Session of Council dated July 19, 2016 be adopted as presented. CARRIED. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest. ADOPTION OF MINUTES Regular Session of Council - June 28, 2016 RESOLUTION #312/16: Isbester & Kaiser That the minutes of the Regular Session of Council dated June 28, 2016 be adopted as presented. CARRIED.

DEPUTATIONS Meaghan Davey Re: Temporary Trailer Agreement Ms. Davey was in attendance to request that Council review the Town’s policy that requires people, such as her family, who want to temporarily live in a trailer on their property while their home is being built or renovated, to enter into an Agreement, pay a deposit of $1,000 which is refundable upon removal of the trailer and to pay the legal fees associated with drafting the Agreement. Ms. Davey advised that she is not contesting that Council and staff need to control who lives in a trailer, but is requesting this review of the policy to ensure that: (i) the process makes sense; (ii) rules are accessible to residents in writing and posted on the Town’s web site; (iii) unnecessary fees are eliminated; and (iv) residents are encouraged to build in the municipality. Ms. Davey confirmed that she is also requesting that she not be required to pay the legal fees of $452.00 associated with drafting the Agreement.

Page 1 of 4

Special Session of Council - July 19, 2016 Page 80 of 176 SPECIAL SESSION OF COUNCIL - July 19, 2016 Minutes

Ms. Davey advised that Loyalist Township permits living temporarily in a trailer while a home is being built or renovated, if the owner obtains an authorization letter from the township and no fees are charged for such a letter. Ms. Davey advised that she is not aware of any other area municipalities that have an official process.

RESOLUTION #313/16: Lucas & Cole That Council instruct staff to review the policy to address persons living in a trailer temporarily on their property while their home is being built and bring forward a report to the next Council meeting; And further that Council authorize that the Town assume the legal fees associated with drafting such an agreement and not charge this applicant, Meaghan Davey, for such legal fees. TABLED.

Council Resolution to accept Additional Deputations with No Notice, if required RESOLUTION #314/16: Cole & Kaiser That Council accept additional Deputations with no notice. CARRIED.

John Wilson advised that three friends who dock their boats regularly at Conservation Park have questioned why there is no receipt issued for payment of the docking fees and who checks the money box to ensure fees have been paid. Mr. Wilson inquired as to the status of the reflective painting of the buoys in the Napanee River so they can be seen at night time. Mr. Wilson also inquired if a 360 degree camera had been installed at Springside Park.

ITEMS FOR DISCUSSION BIA Minutes - May 18, 2016 RESOLUTION #315/16: Lucas & Harvey That Council receive and adopt the minutes from the BIA meeting held May 18, 2016. CARRIED. Municipal Heritage Committee (Joint Heritage Partners) Minutes - June 2, 2016 RESOLUTION #316/16: Isbester & Kaiser That Council receive and adopt the minutes of the Municipal Heritage Committee (Joint Heritage Partners) meeting held on June 2, 2016. CARRIED.

Volunteer Services to Lennox & Addington County General Hospital - June 8, 2016 Patient and Family Advisory Council Lennox & Addington County General Hospital - June 20, 2016 Re: Request for Sidewalks on Richmond Park Drive RESOLUTION #317/16: Isbester & Cole That Council receive for information the correspondence from the Volunteer Services to Lennox & Addington County General Hospital dated June 8, 2016 and Patient and Family Advisory Council Lennox & Addington County General Hospital dated June 20, 2016 requesting that sidewalks be installed along Richmond Park Drive; And further that Council refer these requests for consideration as part of the Dundas Street reconstruction project planning which has just begun. CARRIED.

Page 2 of 4

Special Session of Council - July 19, 2016 Page 81 of 176 SPECIAL SESSION OF COUNCIL - July 19, 2016 Minutes

K. Mulrooney Trucking Ltd. Re: Request for Noise By-law Exemption for Bridge Street Reconstruction Project - July 25, 2016 for 5 Nights RESOLUTION #318/16: Isbester & Kaiser That Council receive the request from Mulrooney Trucking dated July 15, 2016 for an exemption to the Town's noise by-law; And further that Council grant an exemption to Section 4(k) of the Town's Noise By-law No. 04-60, as amended, to permit Mulrooney Trucking to perform night construction work on the Bridge Street reconstruction project from 7:00 p.m. to 7:00 a.m. from Monday, July 25, 2016 for a duration of 5 nights, in order to replace the underground services in the intersection of Bridge and Centre Streets and limit the traffic impacts on Centre Street. CARRIED.

16-06-30 Stewardship Ontario Re: Industry Funding for Municipal Blue Box Recycling for the First Quarter of the 2016 Program Year RESOLUTION #319/16: Isbester & Cole That Council receive for information the correspondence from Stewardship Ontario dated June 30, 2016 regarding industry funding for municipal blue box recycling for the first quarter of the 2016 program year. CARRIED.

MPAC Memo to Municipalities - Landfill Assessment Methodology Review RESOLUTION #320/16: Isbester & Kaiser That Council receive for information the Memo from MPAC dated July 12, 2016 regarding the landfill assessment methodology review. CARRIED.

Infrastructure Services - Amendment No. 2 to the Grant Funding Agreement under the 2013-14 Source Protection Municipal Implementation Fund RESOLUTION #321/16: Isbester & Kaiser That Council receives for information the Infrastructure Services - Amendment No. 2 to the Grant Funding Agreement under the 2013-14 Source Protection Municipal Implementation Fund; And further that Council endorses the Amendment No. 2 to the Grant Funding Agreement under the 2013-14 Source Protection Municipal Implementation Fund and authorizes the Mayor and Clerk to execute the said Agreement on behalf of the Town. CARRIED. Infrastructure Services - Waste Disposal Site Textile Diversion - Canadian Diabetes Association RESOLUTION #322/16: Isbester & Kaiser That Council receive for information, the letter re: Proposal to place a Canadian Diabetes Association ‘Red Bin’ at landfill/recycling site; And further that Council approve the Canadian Diabetes Association to place a ‘Red Bin’ at both the South Fredericksburgh and Roblin Waste Disposal Sites for a six month trial for textile diversion. CARRIED.

Page 3 of 4

Special Session of Council - July 19, 2016 Page 82 of 176 SPECIAL SESSION OF COUNCIL - July 19, 2016 Minutes

BY-LAWS By-law No. 2016-0037 - To Amend Fees for Service By-law No. 2016-0010 RESOLUTION #323/16: Kaiser & Harvey That By-law No. 2016-0037, being a by-law to amend By-law No. 2016-0010 (a by-law to impose fees or charges for services provided, costs payable or use of property by the Town of Greater Napanee) be read a first time and brought to the floor for discussion. CARRIED.

RESOLUTION #324/16: Kaiser & Harvey That By-law No. 2016-0037 be read a second time and finally passed and that the Mayor and Clerk sign the same and affix thereto the seal of the corporation. CARRIED.

By-law No. 2016-0038 - To Amend By-law No. 01-56 (To Designate the Martin & Empey Hill Cemetery to be of historic value or interest) RESOLUTION #325/16: Isbester & Cole That By-law No. 2016-0038, being a by-law to amend By-law No. 01-56 (a by-law to designate the Martin and Empey Hill Cemetery to be of historic value or interest), be read a first time and brought to the floor for discussion. CARRIED.

RESOLUTION #326/16: Isbester & Cole That By-law No. 2016-0038 be read a second time and finally passed and that the Mayor and Clerk sign the same and affix thereto the seal of the corporation. CARRIED. CLOSED SESSION RESOLUTION #327/16: Cole & Kaiser That Council resolve itself into Closed Session at 7:34 p.m. in order to adopt Closed Session minutes. CARRIED.

RESOLUTION #328/16: Isbester & Cole That Council rise and report from closed session; and further that all recommendations made within closed session be hereby adopted. CARRIED. CONFIRM PROCEEDINGS RESOLUTION #329/16: Kaiser & Isbester That By-law No. 2016-0039 being a by-law to confirm the proceedings of Council at its Special Session held July 19, 2016 be read a first and second time and finally passed and that the Mayor and the Clerk sign the same and affix thereto the seal of the Corporation. CARRIED. ADJOURNMENT RESOLUTION #330/16: Cole & Harvey That the meeting does hereby adjourn at 7:37 p.m. CARRIED.

Gordon Schermerhorn, Mayor Susan Beckel, Clerk

Page 4 of 4

Special Session of Council - July 19, 2016 Page 83 of 176 Summary of Correspondence for Information Items August 16, 2016

This summary contains correspondence that was received by the municipality from outside organizations, which were broadcast to all municipalities, or which were addressed generally to the Town. This includes requests for support for resolutions.

All correspondence addressed to an individual member of council or to the whole council from a resident are placed in the appropriate council mailbox. These items of correspondence are not added to the agenda unless requested by a member of council.

Correspondence for Action items are pieces of correspondence that were received by Town staff that require further Council attention or action. Members of Council may request items be added to the agenda for consideration.

1. Media Release June 20, 2016 - BioBlitz of Kingston Field Naturalists

nd 2. Napanee & District Chamber of Commerce - 2 Annual Community Business Showcase to be held on Thursday, October 13, 2016

3. Association Of Municipalities of Ontario • Policy Update - Highlights of the June 2016 Board Meeting • MEPCO Update – New Federal/Provincial CPP Enhancement Agreement to replace the ORPP • Watch File - June 30, 2016 • Report of the Secretary-Treasurer on Nominations to the 2016-2018 AMO Board of Directors • Watch File - July 7, 2016 • Member’s Update - Infrastructure Canada - Phase 1 Infrastructure Funding Agreements • Watch File - July 14, 2016 • Watch File - July 21, 2016 • Policy Update - Infrastructure Canada - Phase 1 Infrastructure Funding Agreement - Updated Cross Country Status • AMO Annual Report 2015 • Watch File - July 28, 2016 • Watch File - August 4, 2016 • Watch File - August 11, 2016

4. The Ontario Aggregate Resources Corp. (TOARC) 2015 Annual Report- June 30, 2016

5. The College of Physicians and Surgeons of Ontario - Call for Nominations for Outstanding Ontario Physician in Your Community; Deadline October 3, 2016

Correspondence for Information Items - August 16, 2016 Page 84 of 176 6. Eastern Loggerhead Shrike Recovery - Home on the Range, Issue 24 Spring/Summer 2016

7. ROMA Speaks - 2017 Conference information

8. City of Quinte West - Re: Taxation Impact on Campgrounds - July 14, 2016

9. Ministry of Agriculture, Food & Rural Affairs - OCIF Announcing Funding July 13, 2016

10. Ontario Good Roads Assoc. - Government of Canada Launches Consultation for Infrastructure Plan - July 26, 2016

11. Perth County Council - Resolution requesting province consult with rural Ontario municipalities, residents and businesses regarding the Climate Change Action Plan - July 7, 2016

12. City of Orillia - Resolution supporting Private Member’s Bill 158 on Human Trafficking in Ontario and renamed “Saving the Person Next Door Act, 2016” – July 22, 2016

13. County of Lennox & Addington - County Council endorsement of Town Resolution Re: Input on the RFP Process for Renewable Energy Contracts – August 2, 2016

14. Quinte Conservation - Level 3 Low Water Condition - August 4, 2016

15. Quinte Conservation Media Release - New Road Signs Help To Protect Municipal Drinking Water Sources - August 9, 2016

16. Cataraqui Region Conservation Authority News Release - CRCA Water Response Team Declares Severe Drought Conditions in Cataraqui Region - August 10, 2016.

Correspondence for Information Items - August 16, 2016 Page 85 of 176 ------Forwarded message ------From: "Sara Beasley" Date: Tue, Jul 26, 2016 at 1:49 PM -0400 Subject: TransCanada's Eastern Mainline Project - Regulatory Update To: "Raymond Callery" Cc: "Michelle King" , "Charles McDonald" , "Mark Day"

Good afternoon Ray,

As communicated earlier this month, on June 16, 2016, the National Energy Board (NEB) determined TransCanada’s Eastern Mainline Project Application to be complete, signaling the beginning of the formal 21 month regulatory review period.

On July 20, 2016 the NEB issued the Hearing Order for the Eastern Mainline Project (the Project). The Hearing Order provides information related to the steps and timelines that will be followed throughout the assessment of the Project’s application and public hearing process. The Hearing Order can be viewed on the NEB’s website here, and can also be accessed on the Project website here. Although the Eastern Mainline Project and the Energy East Project are separate applications, they will be assessed in a single hearing process.

Below are some key dates in the process. A comprehensive regulatory review schedule is available in Appendix V of the Hearing Order.  August 2016 – 2018: Oral and written hearings

 December 12 – 16, 2016: NEB Community Panel Session in Kingston, Ontario for the Eastern Mainline Project. For further information about the upcoming Panel Sessions, please see the Q&A document here.

 2018 (anticipated): NEB final report and recommendation submitted to the Federal Government

 2019 (anticipated): Construction commencement, pending approval

 2020 (anticipated): Project in –service, pending review period

The NEB will also facilitate opportunities for the general public to provide input on the Project outside of the hearing process. The feedback received will be considered by the Hearing Panel. The NEB’s project page will be updated with more information about this process as the review period proceeds. As a reminder, the Project Application is available in a number of libraries across the route. A full listing of libraries is available on the Project website here.

To receive Project notifications from the NEB, including information on the hearing process, send your email address to the NEB at [email protected] and request to be added to the distribution list.

TransCanada's Eastern Mainline Project - Regulatory Update -... Page 86 of 176 TransCanada will continue to provide information and updates about the Project and the regulatory process. Should you have any questions about the information provided in this email, or about the Project, please contact me at 416-869-2123 or [email protected].

Best regards, Sara

Sara Beasley | Advisor, Community Relations TransCanada | Canada & U.S. Projects 200 Bay Street, 24th Floor, South Tower Toronto, ON M5J 2J1 O: 416.869.2123 | C: 416.453.0951 www.transcanada.com

About the Eastern Mainline Project EMP is a natural gas pipeline project proposed in four sections between the City of Markham and the Township of Edwardsburgh/Cardinal. TransCanada currently operates two existing natural gas pipelines in this area, and EMP is required to meet existing and new contracted requirements for natural gas transportation. Pending approval, EMP will be in service in order to facilitate the transfer of a portion of pipeline on the Canadian Mainline system to TransCanada’s Energy East Pipeline Project. Additional project information is available at www.easternmainline.com.

TransCanada's Eastern Mainline Project - Regulatory Update -... Page 87 of 176 r 1%.I This report of dangerous goods transported by CN through the province is provided pursuant to Transport Canada Protective Direction 36.

CN Rail Shipments All Dangerous Goods transported by CN Rail in Canada 2015 in Canada in 2015

• Oihers • PETROLEUMCRUDEOIL 74% • LIQUEFIEDPETROLEUM GASES 199% DIESELFUEL • SULFURICACID

• HYDROCARBONS,LIQUIDN Os

• COMBUSTIBLELIQUID,N OS SULFUR MOLTEN • SODIUV HYDROx:DE SOLUTION • GASOLINE • EThANOLANDGASOLINE MIXTURE

• Dangerous GDDdS • Non-Regulaled

2015 Dangerous Goods Shipments in: Ontario

These top 10 products comprise 74% of the dangerous goods shipments in this Province. The remaining 26% are many different products, each comprising less than 2% of the total.

Dangerous Goods shipments account for 10% of the total shipments in this Province.

% of DG Shipment Proper Shipping Name Locally

1 PETROLEUMCRUDEOIL 28%

2 LIQUEFIEDPETROLEUMGASES 19%

3 SULFURICACID 7%

4 COMBUSTIBLELIQUID,NO.5. 4%

5 SULFUR,MOLTEN 4%

6 HYDROCARBONS,LIQUID.N0.S 3%

7 FUEL,AVIATION,TURBINEENGINE 3%

8 ETHANOLANDGASOLINEMIXTURE 2%

9 GASOLINE 2%

10 DIESELFUEL 2%

11 Others 26%

Date Modified: 2016-07-22

CN - Information on the Movement of Dangerous Goods - July 2... Page 88 of 176 CANADAPOST POSTES CANADA CANADA POSTES GSADAVYRD eSACH DAVY POST CANADA BELLEVILLEON K8P5J0 BELLEVILLEON K8P5J0 cANADAP0ST.cA POSTESCANADA.CA 2 6 16 RECE1ED JUL

July 22, 2016

Mayor Gordon Schermerhorn Greater Napanee P0 Box 97 124 John St Napanee ON K7R 3L4

Re: Change of business hours —Napanee Post Office

Dear Mayor Schermerhorn,

Our extended retail network is not only important to the communities we serve, but also to Canada Post. It’s a competitive advantage that will help us to Compete in growing markets such as e-commerce.

However, with mail volumes declining, we need to make smart choices to maintain local service without becoming a burden on Canadian taxpayers. We stand by our mandate of serving Canadians while remaining profitable, understanding that our costs continue to rise while mail volumes decline.

We intend to focus on serving the people in your community when they use the post office most. A careful review has determined that we have a very small number of local customers between the hours of 8am and 9am, and 5pm and 5:30pm Monday to Friday. Canada Post is therefore considering modifying the hours of operation.

We will be holding discussions with the local representative of the Canadian Union of Postal Workers and will communicate with you once these discussions have occurred.

Rest assured that these potential changes willtake our customers and your constituents’ postal needs into consideration.

Please do not hesitate to contact me at the above address or at (613) 968-8509 ext 2000, if you require further information or assistance.

Yours truly,

Tracy Wins(anley Local Area Manager Belleville/Napanee Area

Canada Post Re: Proposed Change of Business Hours - Napanee ... Page 89 of 176

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5 2D16 177,Naponee REDM9UT CLIENI FOCUSED INSUNANCE SOLUIIONS It!. titJc— II•) CERTIFICATEOF INSURANCE

THIS CERTIFICATEIS ISSUEDASA MATTEROF INFORMATIONONLYAND CONFERSNO RIGHTSUPON THE CERTIFICATEHOLDER.THISCERTIFICATE DOES NOT AMEND, EXTENDORALTERTHE COVERAGEAFFORDEDBYTHE POUCIESLISTEDBELOW.

NAMED INSURED CERTIFICATE HOLDER The Terry Fox Foundation The Town of Greater Napanee #150—8960 University High Street, Box 97 Bumaby, British Columbia VSA4Y6 124 John Street Napanee, ON,K7R3M RE: Evidence of Insurance —Terry Fox Run - September 18,2016

THISISTOCERTIFYTHATPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEANDAREINFORCEATTHLSTIME. NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDiTIONOFANYCONTRACtOROTHERDOCUMENTWrrHRE5PECTTOWHICHTHISCERTIFICATE MAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMSANDCONOmONS OFSUCHPOLICIES.

WPE OF INSURANCE COMPANY& PERIOD COMBINEDBODILYINJURY& POLICYNO. 1OLICY PROPERTYDAMAGE

Commercial General Liability Northbrldge October 31, 2015 to $15,000,000 each occurrence including: BodilyInjuryand Property Damage, Insurance october 31, 2016 Products &Completed Operations, Personal Company $25,000,000 general aggregate Injury&AdvertisingInjury,NonOwned PolicyNumber Automobile,CrossLiability&Severabilityof C8C06567071 Interest

Description of Operations: Alloperations, special events and locations of the Insured.

Additional Insured: It is hereby understood and agreed that the followingis added as additional insured but only with respect to the above and arising out of the Named Insured’s Operations. The policylimitsare not increased bythe addition of such AdditionalInsured and remain as stated in this Certificate. The Town of Greater Napanee Cancellation: Shouldany of the above described policiesbe cancelled or materiallychanged before the expiration date thereof, the issuingcompany willendeavor to mail thirty (30)days written notice to the above named certificate holder, but assumes no responsibility for failure to do so.

Broker: Purves Redmond Limited Date: March 1, 2016 155 UnIversity Avenue, Suite 1500 Toronto, Ontario MSH3B7 Tel: 4163624246 Fax: 4163637351

Authorized Representative: PURVESREDM0 IMITED PER/

Annual Terry Fox Run - Parade Route and Certificate of Insur... Page 91 of 176 15.4g14km r

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Annual Terry Fox Run - Parade Route and Certificate of Insur... Page 92 of 176

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1% route. Susan Beckel

From: d.smills d.smills Sent: August-04-16 12:47 PM To: Susan Seckel; Carol Harvey; d.smills Subject: Asphalt Sidewalk at the Community Health Centre

To: Members of Greater Napanee Council

I noted with concern that the sidewalk in front of the new Community Health Centre has been paved with black asphalt. I expressed concern to my council rep,, Carol Harvey, that it was inappropriate.

I now understand that the work is temporary before major reconstruction on Dundas Street but several concerns remain.

ECOLOGICALLY a natural green space should be left along the curb to allow for the runoff of rain water. Other municipalities have developed remedial plans to address the inevitable effects of global warming. Long periods of droughi are often followed by flash flooding. Just this week media reports highlighted record rainfall and damage in Fort McMurray, Maryland, China, and India. Perhaps you saw the feature article in “The Whig Standard” about new flood prevention planning currently undertaken in Kingston to reduce the impact of anticipated flooding. It includes increased greenspaces in urban areas including street fronts, swales, etc..

The current situation is designed to kill the one remaining tree along the front of the property. The new asphalt has been placed right up to the base of the tree leaving no space or opportunity for the tree to receive water or soil nutrients, I hope this is not a conscious plan to remove the tree which will be dead within weeks if a setback at the tree base is not created quickly by removing a perimeter of the asphalt. I hope the town will assume some custodial responsibility our natural assets (trees etc.). I hope the permanent plan (to replace the temporary) includes the planting of several new trees and creation of greenspaces.

ECONOMICALLY sound practices should be used when creating and replacing town sidewalks. The recent “Report From the Tax Review Committee” provides expert analysis of costs based on data provided by town staff. One section dealing with infrastructure, and especially sidewalks, was the assessment of cost and longevity. While asphalt and concrete are similar in cost, the concrete lasts twice as long. Clearly this is compelling enough based on the data, that asphalt sidewalks have no place in the town if Council is to be fiscally responsible.

AESTHETICALLY this large asphalt sidewalk is a complete failure. This prominent new building. the first public structure that residents and visitors will see when they arrive in downtown Napanee from the west, is evidence of a missed opportunity and lack of civic pride. Even if it is deemed a temporary solution for a year or more, why can’t some green space be left along the street front for a few shrubs or temporary seasonal flowers? Perhaps some large planters or ideas from the Communities In Bloom Committee will help.

COMMUNICATIONS concerning this initiative have been poor. \Vhen I contacted my council rep she had no knowledge of the planned sidewalk (even within her own ward/district). Only later after investigating, was she able to communicate with me about the temporary nature of this plan. I know that several other residents have also expressed concern to her. Would it not serve the best interest of residents and members of council to report on these issues and include a brief summary of planned infrastructure projects in the local

Dennis Mills - Asphalt Sidewalk at the Community Health Cent... Page 94 of 176 newspaper? This is an opportunity for the counciLto review this and the recent issues regarding the clear cutting of the mature trees along Bridge Street, to develop clearLydefined polices and practices for communications. It will surely assist the council, staff and citizens alike.

Thank you for your attention and your continuing efforts to make Greater Napanee even greater.

Dennis Mills

133 Bridge Street W.

Dennis Mills - Asphalt Sidewalk at the Community Health Cent... Page 95 of 176 Qu Inte 613-968-3434 BelIeville 613-354-33l2Napanee 3)CONSERVATION RR2,2061Old Hwy2, clean world, safe homes. healthy life. Belleville,ON.KBN4Z2

Gordon Schermerhorn Town of Greater Napanee 124 John Street P.O. Box 97 NapaneeON K7R3L4 11 ‘RECEiVEOMIC August 5, 2016

Dear Gordon Schermerhorn,

On August 4, 2016 the LowWater Response Team met at Quinte Conservation and declared a Level 3 LowWater Condition. Quinte Conservation is the lead for the local Water Response Team (WRT) for all of Prince Edward County and the watersheds of the Moira,Napanee and Salmon Rivers. The team includes representation from municipalities, Ministryof the Environment and Climate Change, Ministryof Natural Resources and Forestry, Ministryof Agriculture Food and Rural Affairs, First Nations and local industry. The WRT is formed when the watershed is in a Level 1 condition. Water Response Teams monitor local conditions carefully and workwith local water users to reduce demand and mitigate the effects of water shortages. There were 55 people in attendance at the August 4 meeting representing municipalities and business sectors.

The LowWater Response Team was presented with the facts of the current situation. The Quinte Region received 50% of normal rainfallfor the months of April,May, and June and only 35% of normal rainfallfor July. Flows in local rivers, streams, and creeks are at 11% of the average for August, which is typicallythe month withthe lowest flow rates. Water under the ground that supplies wells has been declining since April. Based on all of this Hita, it means that the area is in a Level 3 LowWater Condition.

Further information received today shows that the supply of water to Lake Ontario was the third lowest on record last month and the driest on record for the last three month.

The Water Response Team passed the followingmotion:

MOTION WRT THAT,based on current conditions a Level 3 LowWater Condition be declared, 11/16: and further,

THAT,all municipalities in the Quinte Conservation watersheds ask their residents and businesses to reduce water use by 50%.

Moved by: JohnWise

Seconded by: Henry Hogg

CARRIED QuinteConservation.co QuinteSourceWater.ca You I fs,

Quinte Conservation - Level 3 Low Water Condition - August 1... Page 96 of 176 Quinte Conservation is asking all municipalities to support the above motion and encourage residents and businesses to reduce water usage by 50%, and ifnecessary, consider imposing water use restrictions.

For municipalitiesthat rely on wells for water Quinte Conservation is recommending that they consider imposing water use restrictions.

Ifyour municipalitywould like a Quinte Conservation staff member to attend a council meeting to discuss the current lowwater situation, we willmake someone available to you.

Sincerely

Terry Murphy General Manager Quinte Conservation

tmurphyquinteconservation. ca (613) 968-3434 ext. 103 (613) 354-3312 ext. 103

QuinfeConservation.ca QuinteSourceWater.ca f ,

Quinte Conservation - Level 3 Low Water Condition - August 1... Page 97 of 176 NAPANEEWA MINUTESOF JUN 15, 2016 BOARDOF MANAGEMENTMEETING NAPANEEBUSINESSCENTRE

Present: Sondra Elliott Shaune Lucas Carol Harvey Doris Lucas Rennie Hutzler Kathy Medd

Guests: Tom Derreck

1. Meeting called to order by Vice-Chair Sondra at 6:30pm.

2. Information presentation by NDCFExecutive Director Tom Derreck highlighting the organization’s plan to become a catalyst for philanthropy in Lennox & Addington County. Vice-chair Sondra thanked Tom for his presentation

3. Disclosure of conflict of interest: No Disclosure.

4. MOTION by Carol to approve the agenda. Seconded by Rennie. Carried.

5. MOTION by Rennie to approve the May 18, 2016 board minutes. Seconded by Shaune. Carried.

6. Action Item Review of previous board meeting minutes: a. Establish an inventory of downtown lighting by Sep 1,2016 Shaune I noted he would like to assist in developing the inventory. b. Create an email template to advise members when lights are not working No update. I c. Update member contact list by Sep 1, 2016 Ongoing. I

d. Contact the town to inquire about brochure racks Approximate cost of a small rack @ $200 to $300 each. Have not yet contacted town. e. Clarify wage information on monthly summary. ICpmpleted (Explanation presented to board).

7. COMMITTEEREPORTS

a. BEAUTIFICATION: i. Doris reported hanging planters (10) and bridge planters have been installed. Town staff will assist with watering. Plantings completed at Town Hallgardens and east end of Dundas St.

TI WAMinutes -June 15, 2016

BIA Board of Management - June 15, 2016 Page 98 of 176

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BUSINESS 8. BIA Board of Management - June 15, 2016 BIA c. Economic development discussion deferred to September board meeting.

9. REPORTS

a. CHAIR: No report.

b. COUNCIL: Further discussion of 18 Water St. East building. MOTION by Carol to liaise with other community organizations to discuss development of the Water St. lot. Seconded by Doris. Carried

Some discussion of the parking report presented to Council. Agreement to approach the town to establish an ad hoc committee to continue discussions on parking. Shaune and Rennie volunteered to participate on the proposed committee.

c. TREASURER: The board voted amongst themselves to fill the vacancy left when Terry John5on resigned in April.Shaune Lucas was confirmed as the new Treasurer. i. Action: Send Board of Management update to Council

d. MANAGER: Reminder of the PELACFDCACM invite

Sponsorship opportunity forwarded by organizers of the 2016 Napanee Country Jamboree. Direction to forward a copy of the BIASponsorship Policy to the organizers with a request for more advance notice in the future.

New business update: John St. Bistro grand opening on June 18 at 111 John St. The Harvest Brinery now open at 125 John St. Gino’s Pizza at 29 Dundas St. West opening in early July

10. NEWBUSINESS:

a. Request to invite PELACFDCto a special board meeting to outline funding opportunities. i. Action: Arrange meeting with PEM CFDC b. Request to improve social media efforts. Discussion. It was agreed seminars and workshops will assist both businesses and the BIA. i. Action: Confirm details on upcoming social media seminars/workshops c. Some discussion of tourism efforts in the community. d. Request to provide more information on details of vacancies and opportunities in the downtown. It was noted updated opportunities are highlighted on the County of L&A website. Vacancy reports are available through the BIA. i. Action: Add Vacancy Report to monthly board package e. Request for New/Outgoing business updates. It was noted new business reports are provided through the manager’s report. Outgoing business reports will be added i. Action: Add outgoing business info to manager’s report f. Discussion on engagement of membership.

BIAMinutes -June 15, 2016

BIA Board of Management - June 15, 2016 Page 100 of 176 ______

g. Discussion of Santa’s Workshop event. i. Action: Additional details for Julyboard meeting CarolV

11. MOTIONby Doris to receive all reports. Seconded by Carol. Carried.

12. MOTIONby Rennie to adjourn the meeting. Seconded by Doris. Carried.

13. Meeting adjourned at 8:15pm.

14. Next Board Meeting: July 20, 2016 @ 6:30pm I Deputation: Digital Hub Marketing j eting Chai>SKndraI Elliott Minutes Prepared By: Kathy Medd

BIAMinutes-June 15, 2016

BIA Board of Management - June 15, 2016 Page 101 of 176 TOWN OF GREATER NAPANEE MUNICIPALARTS & CULTURE ADVISORYCOMMITTEE

Minutes of Meeting Held June 21, 2016 at 5:00 PM Committee Room, Town HaIl, 124 John St., Napanee

PRESENT: Jim Barber - Chair, Steven Medd, Krysta-Lee Woodcock, Charlie King,Tim Nimigan, Linda Warner, Donna McHaIe, KellySchermerhorn and Deputy Mayor Marg Isbeste r

OTHERS PRESENT: Eliza Zatterberg, Arts & Culture Summer Student, James Timlin, General Manager Community & Corporate Services

CALL TO ORDER Jim Barber, Chair called the meeting to order at 5:00 p.m. ADOPTION OF AGENDA COMMITTEERECOMMENDATION:McHale & Nimigan That the Agenda of the MunicipalArts &Culture Advisory Committee meeting dated June 21, 2016 be hereby adopted.

ADOPTION OF MINUTES COMMITTEERECOMMENDATION:Isbester &Warner That the minutes of the MunicipalArts &Culture Advisory Committee meeting dated May 17, 2016 are hereby approved.

ITEMS FOR DISCUSSION

Culture Days Report from June 15th Meeting - KellySchermerhorn, Jim Barber and EIIena Fleury We are ahead of last year at this time with 33 events posted on the Culture Days website. Mike Bossio M.P., the Lennox &Addington Theatre and the 4 H Club are interested in participating in Culture Days.

GNAAmembers willbe creating a “hub”at Home Hardware. They willalso be participating downtown.

Scarecrow Festival willalso be participating in Culture Days.

Museum wiflbe doing an Antique Road Show.

Action Items: • Jim Barber is to meet with the Historical Society. • Tim Nimigan and Linda Wamer are to look into creating a hub at the golf course. 2016 Riverfront Festival Recap Overall the booth was a success. 30 people registered for the 1,001 Strings and it was well received. The only negative was that itwas over too soon.

Page1 of3

Municipal Arts & Culture Advisory Committee - June 21, 2016 Page 102 of 176 MUNICIPAL ARTS & CULTURE ADVISORY COMMITTEE -June 21, 2016 Minutes

Ads &Culture Social - Marg Isbester &Jim Barber Postponement until the Fall. Lyndsay Tee returns to work on August 2, 2016.

Lorraine Creighton Re: Request to be a MunicipalAds & Culture Advisory Committee Member COMMITTEERECOMMENDATION:Isbester & Medd That Lorraine Creighton be appointed to the MunicipalAds & Culture Advisory Committee. Email Template - Krysta-Lee Woodcock and Eliza Zatterberg Discussed Constant Contact Software and the County of Lennox &Addington IT suggested using a PDF with a link.

Action Item: • Eliza to contact the Adolphustown Fredericksburgh, Heritage Committee regarding their email software. Krysta-Lee Woodcock to review templates.

Ads & Culture Stakeholder Meeting Mike Bossio, MP - Jim Barber There was discussion on invitingother Arts &Culture groups to the meeting. Action Items:

• Jim Barber to contact Mike’soffice for meeting dates in August. An email is to be sent out to Committee members regarding the meeting. • At the July meeting, Committee members are to bring their ideas and topics for discussion with Mike Bossio. • The Committee to formalize the Agenda for the meeting.

Quinte Arts Council Re: Letter Thanking the Greater Napanee MunicipalAds &Culture Advisory Committee for its Support The Committee received the correspondence.

SUB-COMMITTEEUPDATES Music by the River - Stephen Medd Stephen Medd updated the Committee on the four concerts which willbe happening on Sundays from 2:00 to 4:00 p.m. at Conservation Park in the Pavilion. The followingare the dates and musical guests: • July 17th -The Reasons, • July 31st - Local songwriters • August 7 - Jennifer Brant and Mustangs 28th • August - CliffTrott and Rideau River Big Band

Action Item: • Jim Barber to create event pages and craft a press release.

Page 2 of 3

Municipal Arts & Culture Advisory Committee - June 21, 2016 Page 103 of 176

Municipal Arts & Culture Advisory Committee - June 21, 2016

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Page 104 of 176

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Page

of 3 TOWN OF GREATER NAPANEE MUNICIPAL HERITAGE COMMITrEE

Minutes of Meeting Held July 7, 2016 at 4:00 PM Committee Room, Town HaIl, 124 John St., Napanee

PRESENT: Jane Lovellin the Chair, Eileen Ronald, Dennis Mills,Peter Rustige, Fran Goring-Kochand Ron Gillespie

ABSENT: Raymond Karu, Councillor Michael Schenk, MikeNormile, Shirley Boston

OTHERS PRESENT: Susan Beckel, Clerk

CALL TO ORDER Jane Lovell,Chair called the meeting to order at 4:00 p.m. ADOPTION OF AGENDA COMMITTEERECOMMENDATION:Mills&Gillespie That the Agenda of the MunicipalHeritage Committee dated July 7, 2016 be hereby adopted as amended to add: Shaune Lucas Re: 131 John Street Update at 5:30 p.m.

ADOPTIONOF MINUTES COMMITTEERECOMMENDATION:Ronald &Mills That the minutes of the MunicipalHeritage Committee Joint Heritage Partners’ meeting dated June 2, 2016 are hereby approved as amended. ITEMSFOR DISCUSSION

(i) HERITAGEDESIGNATIONS Insurance on Designated Properties InformationUpdate Ron Gillespie provided the followinginformation: • He had contacted the Insurance Bureau of Canada (IBC)and Bert Duclos, Heritage Outreach Consultant - Ministryof Tourism, Culture and Sport and obtained more information regarding this matter, includinga contact at the IBC who is willingto speak directly with Mr.Morrison.

• He advised of a 2013 study by Carleton Universitystudents, the intent of which was to better understand of the different perceptions and interpretations held by heritage homeowners and insurance brokers; and to identifyand analyze the challenges experienced in the provision of insurance for heritage designated properties. The study identifiedthat a reasonable percentage of respondents surveyed had experienced problems with insuring a heritage property. Mr. Gillespie spoke withthe consultant.

Municipal Heritage Committee Minutes - July 7, 2016 and July... Page 105 of 176 MUNICIPALHERITAGECOMMITTEE- July 7, 2016 Minutes

He referenced the City of Cornwall regarding a heritage designation process of a house during which the owner requested that the city not proceed withthe designation because she was having challenges with insurance. The city did not designate the property. The insurance company advised that its issue was that this homeowner had no experience with an old home. As followup, Ron Gillespie will:

• contact the Cityof Kingston Heritage Committee to inquire ifthis issue regarding insurance on designated properties has come up in their municipality; • obtain more feedback from property owners regarding any insurance issues; • provide Kenn Morrisonwiththe list of 10 insurance agents and companies, circulated by the Insurance Bureau of Canada and several municipalities, that do offer coverage on designated properties; and • research whether ‘damage’ to a heritage buildingis considered ‘altering’it as per the Ontario Heritage Act. Dennis Millsadvised that there is an option to involvethe Conservation Review Board on this matter. Ron Gillespie willinquire ifthe other municipalities that he has previously contacted have contacted that board for a rulingon the insurance issue.

InformationSheet - ‘Heritage Designation - What does it mean for you?’ Draft3 On Page 2, last paragraph, second last sentence - change “is not”to “should not be”.

COMMITTEERECOMMENDATION:Mills& Ronald That the MunicipalHeritage Committee proceed withforwarding the draft document, “Heritage Designation: What does it mean for you?” to Council for feedback and approval; And further that this document has been prepared to informand guide and willbe included withthe invitationto the designated property owners for the vintage home symposium being held in September.

220 Dundas Street West - Ron Gillespie and Fran Koch The committee reviewed Draft2 as circulated and recommended the following amendments:

• Schedule “A”:add “knownmunicipallyas 220 Dundas Street West” • Schedule “B”: • Add: “south side of Dundas Street West, Napanee” • Delete: “Townof Greater Napanee • delete town of greater Napanee - in the town of Napanee • Add quotation marks after “Lennox and Addington” • Change ‘wo story” to “two-storey” • Last sentence — change “reflection”to “characteristic” • First bullet — add: “witha cresting of wrought iron” • Add bullet — centrally located 3 storey square tower • Last bullet — delete “random”so states “rubblestone foundation” Ron Gillespie willmake the above-noted amendments and Draft 3 of the by-law amendment willbe reviewed at a future meeting.

Municipal Heritage Committee Minutes - July 7, 2016 and July... Page 106 of 176 MUNICIPALHERITAGECOMMITTEE- July 7, 2016 Minutes

Crowle Barn -9190 LoyalistParkway By-lawAmendment COMMITTEERECOMMENDATION:Mills& Ronald That the proposed by-law amendment to the Township of South Fredericksburgh By law No. 83-80 for Crowle Barn at 9190 Loyalist Parkway (Highway33) be accepted and presented to Council for approval.

(ii) MUNICIPALHERITAGECOMMITTEESTRATEGIC PRIORITIES Plaguing Program and Request for Plague for Former Red Tavern COMMITTEERECOMMENDATION:Mills&Gillespie That the request to provide a heritage plaque for former Red Tavern be deferred. Review of Strategic Priorities This item was deferred to a special meeting.

S.W.O.T Analysis - Heritage Committee Component - Eileen Ronald This item was deferred to a special meeting.

Shaune Lucas - 131 John Street Update Shaune Lucas provided the committee withan update on the renovation project at his property at 131 John Street, highlighting: • corner stones and limestone have been exposed and cleaned • working on the stucco with wire mess stapled to the stone • header across the top at roof line is limestone and in 3 pieces willbe cleaned up • currently getting quotes for aluminum clad windows with similar lookto existing • similar bottom to October’s clothing with awning • considering gooseneck exterior lighting • exterior colours and façade may be similar to October’s on Dundas Street • new evestroughing

(iii) HERITAGEAWARENESS ANDEDUCATION Vintage Home Owners’ Symposium - Saturday, September 17. 2016- Promotion Committee members provided the followingsuggestions for promotion of the symposium: lefferto the owners of designated properties; flyers; interview withthe local newspaper or submit an article to the newspaper; Town’s Guide to Community Services; and Town web site. The promotion plan willbe finalized at the August meeting.

(iv) COMMUNITYRECOGNITION 2016 Lieutenant Governor’s Ontario Heritage Award for LifetimeAchievement Nominee This item was deferred to the August meeting. NEXTMEETING • Special Meeting to Review Strategic Initiatives:Thursday, July 21, 2016 at 4:00 p.m. • Regular Committee Meeting: Thursday, August 11, 2016 at 4:00 p.m.

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ADJOURNMENT COMMITTEERECOMMENDATION:Gillespie & Rustige That the Committee does hereby adjourn at 6:05 p.m.

Jane LoveIl,Zhairt—/si

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Minutes of Meeting Held July 21, 2016 at 4:00 PM Committee Room, Town Hall, 124 John St., Napanee

PRESENT: Jane Lovellin the Chair, Eileen Ronald, Dennis Mills,Peter Rustige, Fran Goring-Koch, Shirley Boston and Ron Gillespie

ABSENT: CouncillorMichael Schenk, Raymond Karu and MikeNormile

OTHERS PRESENT: Susan Beckel, Clerk

CALLTO ORDER Jane Lovell,Chair called the meeting to order at 4:00 p.m. ADOPTIONOF AGENDA COMMITTEERECOMMENDATION:Boston &Gillespie That the agenda of the MunicipalHeritage Committee dated July21, 2016 be hereby adopted.

ITEMSFOR DISCUSSION

(i) REVIEWOF MUNICIPALHERITAGECOMMITTEE’SSTRATEGIC PRIORITIES MunicipalHeritage Committee Strategic Planning, Priorities and Timelines MunicipalHeritage Committee’s part in the Town’s Strategic Plan Re: Riverfront Development The committee reviewed By-lawNo. 03-55 as amended, which details its mandate: Section 4.1(b) - Making recommendations to Council and establishing criteria for the evaluation of properties of cultural heritage value or interest. Strategic Priority#1: To identifyat-risk properties. For the September meeting, each member of the committee is asked to bring a list of at-risk properties for consideration; provide photographs ifpossible and brief descriptions. The committee willthen evaluate each candidate property for either listingor designation, and determine how to bring final recommendations forward to Council. This work willbe scheduled through to the end of 2016. Section 4.1(e) - Encouraging and promoting heritage awareness and conservation and preservation withinthe Town. The Vintage Home Symposium and the photo project fall in this area. The committee acknowledges the work of Fran Koch and the photographers on this photo project.

Section 4.1(f) - Assisting and educating the public in the undertaking of appropriate conservation, preservation and maintenance practices. The Vintage Home Symposium being held in September would fall under this category. A questionnaire to attendees as to how the MunicipalHeritage Committee can assist heritage property owners.

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Section 4.1(j) - Encouraging, recognizing and rewarding initiativeand excellence in heritage pursuits in matters including, but not limitedto, volunteerism, or public conservation projects. Ontario Heritage Trust award planned for 2016 and Town heritage awards planned for 2017.

Section 4.1(p) - Markingor supervising the marking of properties considered to be of historical, architectural, archaeological, cultural or aesthetic significance as designated by Council. For the plaquing program request for the Red LionTavern, which is not a designated property, Dennis Millswillask Geoff Webster ifhe would be willingto provide the camera ready work and Jane Foster has researched the property. This request willbe discussed further at the August 11th meeting.

Section 4.1(s) - Developing an annual budget for Council approval along with well- defined goals and objectives for the upcoming year.

S.W.O.T Analysis - MunicipalHeritage Committee Component - Eileen Ronald Eileen Ronald brieflyreviewed the documents. The committee willconduct the S.W.O.T (Strengths, Weaknesses, Opportunities and Threats) analysis workingwitha facilitator, Arthur Ronald, at the August committee meeting.

NEXTMEETING Thursday, August 11,2016 at 4:00 p.m. ADJOURNMENT COMMITTEERECOMMENDATION:Gillespie &Mills That the committee does hereby adjourn at 5:40 p.m.

Jane Love , Chaif

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To: Mayor Schermerhorn and Members of Council Date: August 16, 2016 Subject: Proposed Amendment to Township of South Fredericksburgh By-law No. 83-80 - Designating the Crowle Barn under Part IV of the Ontario Heritage Act Prepared by: Jane Lovell, Chair – Municipal Heritage Committee Presented by: Jane Lovell, Chair - Municipal Heritage Committee

Committee Recommendation: That the Council of the Town of Greater Napanee receive and approve the Municipal Heritage Committee’s recommendation to amend Township of South Fredericksburgh By-law No. 83-80, being a by-law to designate the property known municipally as the Crowle Barn at Lot 7, Concession 1 Additional, R.R.#1 Bath, as being of architectural and historical value and interest under Part IV of the Ontario Heritage Act; And further that Council instruct the Clerk to proceed with the required public notice, following which the by-law amendment shall be brought forward to Council for consideration.

Background: At the meeting held on July 7, 2016, the Municipal Heritage Committee adopted a recommendation that Council amend Township of South Fredericksburgh By-law No. 83-80, being a by-law to designate the property known municipally as the Crowle Barn at Lot 7, Concession 1 Additional, R.R.#1 Bath, as being of architectural and historical value and interest under Part IV of the Ontario Heritage Act. The proposed amendment would satisfy the Ontario Heritage Act that now requires designation by-laws to contain more specific descriptions of the heritage value and the heritage attributes of the property.

By-law No. 83-80 is attached to this report for Council’s reference.

The proposed amendments as Schedules “A” and “B” are as follows:

Schedule “A” to Township of South Fredericksburgh By-law No. 83-80, as amended

LEGAL DESCRIPTION

Property Roll Number: 1121-180-010-02401-0000 Concession 1, Additional, Part Lot 7, being Part 1 on Reference Plan 29R-8076, Adolphus Reach, known municipally as 9190 Highway 33 (Loyalist Parkway), Geographic Township of South Fredericksburgh, in the Town of Greater Napanee.

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Schedule “B” to Township of South Fredericksburgh By-law No. 83-80, as amended

DESCRIPTION OF PROPERTY The Chamberlain Cruciform Barn (previously designated as the Crowle Barn) is situated between the communities of Adolphustown and Conway on the south side of the road at 9190 Highway 33 (Loyalist Parkway).

STATEMENT OF CULTURAL HERITAGE VALUE The Chamberlain Cruciform Barn is a rare architectural and historical example of an agricultural building of the early Loyalist settlement along the Adolphus Reach.

(i) Design and Physical Value The barn's structure exhibits a refined architectural style known as domestic Italianate. The architectural form of construction is a symmetrically balanced cruciform design with decorative features consistent with the Italianate style of the third quarter of the nineteenth century. The drop finial at the roof peaks, the prominent ventilator in cupola form at the central crossing and the decorative wooden caps above the peaked casement windows are all significant features. The centrally placed metal weathervane and the arrow-shaped lightning rods add both decorative and practical value. The original board and batten wooden cladding has been replaced but is consistent with the original construction techniques.

(ii) Historical and Associative Value The barn was constructed on the original 200 acre land grant deeded to Charles Keller in 1784. Research suggests that a subsequent owner John C. Chamberlain built the barn about 1862. Chamberlain was the manufacturer and promoter of a bottled tonic known as “The Great Shoshonee’s Remedy”, which was advertised and distributed far and wide through the local Conway Post Office. The business appears in Meacham’s Illustrated Historical Atlas of the Counties of Frontenac, Lennox & Addington, 1878, where the property is identified as “Shoshonee’s Factory”. The property was sold to Simon Wright in 1878 and the family used the barn to house their driving horses during the late nineteenth and early twentieth centuries. In the late twentieth century, it became known as Crowle’s Barn when it was used as an antique shop.

(iii) Contextual Value The property remains as an exceptional example of agricultural and historical importance and was previously designated by the former Township of South Fredericksburgh Council in 1983.

The Chamberlain Cruciform Barn continues to be regarded as an important local landmark on the south side of the Loyalist Parkway along the Adolphus Reach.

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Schedule “B” to Township of South Fredericksburgh By-law No. 83-80, as amended (continued)

DESCRIPTION OF HERITAGE ATTRIBUTES The Chamberlain Cruciform Barn is an important example of rural agricultural form and function, designed in an Italianate style of the third quarter of the nineteenth century. Its key exterior attributes include:  the symmetrically balanced form in a cruciform architectural plan  an east-west orientation with large doors at each end  a centrally placed ventilator in a cupola form, at the crossing of the peaks  decorative wooden finials placed at each of the gable-end peaks, projecting both above and below the eaves  a metal arrow-shaped weathervane placed above the ventilator and similar lightning rods situated prominently at each gable-end peak  symmetrically placed casement windows with central peaks and complementary decorative wooden caps above  board and batten cladding applied to the exterior enhancing the verticality of all facades.

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What is Heritage Designation?

Under the Ontario Heritage Act municipalities can pass by-laws to designate properties of cultural heritage value or interest as a way of recognizing a property’s value to the community. Designation provides a framework for managing changes appropriately to ensure the long- term protection of significant cultural heritage resources.

What is the Municipal Heritage Register?

All designated properties within the Town of Greater Napanee appear on the Municipal Heritage Register. The register identifies each of the properties by its legal description and by the by-law under which the property was designated. A statement of the property's heritage value and the description of its heritage attributes are also included. The register can also contain non-designated properties. These are called “listed” properties, and have been added to the register by Council because they are considered to have noteworthy cultural heritage value or interest. These properties do not have by-law protection.

What is the difference between “Designated” and “Listed” Properties?

 A designated property cannot be demolished or have its heritage attributes altered without approval of Council.  A listed property requires the owner to give the municipality 60 days’ notice of their intention to demolish the property.

What is a Heritage Attribute?

Heritage attributes are those features of the property that contribute to the property's heritage value.

Does designation mean I cannot change anything about my property?

No. The heritage designation by-law for your property identifies its heritage attributes so that everyone knows what features should be given special consideration if an alteration is proposed. There are no restrictions on making changes to your property if the changes do not impact the property's heritage attributes. Only in instances where you want to make alterations that will modify, obscure, or remove heritage attributes must you seek approval from Council.

Designation does not prevent you from keeping your property efficient and viable. It is not intended to be a barrier to the introduction of modern conveniences, or to preclude alternate or expanded uses of the property. Designation is generally not about “if” a change can be made; it is about “how” or “how best” to achieve the desired modification.

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No. Designation does not require you to obtain Council’s approval for regular maintenance or periodic tasks required to use and enjoy your property. Approval from Council is also not required for additions or renovations to your property that do not impact its heritage attributes.

Only work involving the alteration of your property's heritage attributes requires Council's approval before the work can begin.

Does Council have a say in the colour I paint my house?

No. Unless colour is called out as a heritage attribute, designation does not restrict the choice of paint colours.

Does designation include interior spaces?

Not usually. Interior spaces are only covered by designation if they are are especially significant or rare. In that case, they must be specifically cited in the designation by-law. If a building's interior elements are not included in the designation by-law, the interior can be altered or completely modernized without a heritage review of any kind.

Will I be required to upgrade or repair my property if it is newly designated?

No. As with all other property owners, owners of designated properties need not maintain their property at a level beyond what is required by the municipal Property Standards by-law.

How does designation affect the value of my property?

Comprehensive long-term studies in Ontario and in other parts of Canada and the United States confirm that designation either has no negative impact on market value or results in an increase in the value of the property. These studies suggest that people attracted to heritage homes are looking for properties with their original heritage features intact. These buyers may want a property with modern conveniences but not if genuine or vintage character is lost or has been eroded by years of minor renovations or upgrades. The designation status gives the property a cachet that sets it apart from other properties. Many buyers seek out the unique qualities and ambience of a property with heritage designation.

How does designation affect my insurance premiums?

A variety of factors, such as high replacement costs associated with building materials or techniques, or the presence of old ‘knob and tube’ wiring, may cause an insurance company to command higher premiums for older buildings. Heritage designation should not be one of these factors. Designation does not place additional requirements on the insurer and therefore should not affect your premiums.

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Do I need to restore or replicate heritage attributes if my property is destroyed or seriously damaged?

No. Designation does not oblige a property owner, or an insurance company, to restore or replicate heritage attributes if a property is destroyed or seriously damaged.

Do I need to restore my property to what it looked like when it was built?

No. There is no obligation to restore a property to its original condition or its appearance from an earlier period. The restoration of missing heritage features lost previously, or the removal of latter additions are not required.

Does designation restrict the use of my property?

No. Only a zoning by-law can do this.

Are there any restrictions on the redevelopment of my property?

No. If appropriate to local zoning, and if the property's current use is no longer viable, the reuse of the property for another purpose is fully encouraged.

Is my designated property protected forever?

Maybe. The designation of a property under the Ontario Heritage Act prohibits demolition of the property or alterations to its heritage attributes, unless approved by Council. The only exception is if Council repeals the designation by-law or if the building is completely destroyed by fire or other disaster. It is worth noting however, that protection only extends as far as the will of Council. For any number of reasons Council can decide to allow the property to be demolished or to be altered in ways that do not respect its heritage attributes.

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Town of Greater Napanee

PLANNING REPORT 824 PALACE ROAD LOTS 24, 35, AND 26, CONCESSION 7 GEOGRAPHIC TOWNSHIP OF NORTH FREDERICKSBURGH TOWN OF GREATER NAPANEE ZONING BY-LAW AMENDMENT (PLZACO 2016 008)

PLANNING REPORT AUGUST 2016

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1.0 INTRODUCTION ...... 1

2.0 SITE OVERVIEW & CONTEXT ...... 1 2.1 LOCATION ...... 1 2.2 EXISTING DEVELOPMENT ...... 2 2.3 SURROUNDING USES ...... 3

3.0 DEVELOPMENT CONCEPT ...... 3

4.0 PROVINCIAL POLICY STATEMENT, OFFICIAL PLAN, ZONING BY-LAW AND SITE PLAN CONTROL ...... 3 4.1 Provincial Policy Statement (PPS) ...... 3 4.2 Lennox and Addington Official Plan (OP) ...... 4 4.3 Town of Greater Napanee Official Plan (OP)...... 5 4.4 Zoning By-law ...... 6 4.5 Site Plan Control ...... 7

5.0 MUNICIPAL, PROVINCIAL, AND AGENCY COMMENTS ...... 7

6.0 PUBLIC COMMENTS & PUBLIC MEETING ...... 8

7.0 SUMMARY AND DISCUSSION ...... 8

8.0 CONCLUSION ...... 9

9.0 RECOMMENDATION AND CONDITIONS ...... 9

APPENDICES

Appendix 1 – Zoning By-law Amendment

IBI Project No.101859 AUGUST 2016 Page i

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1.0 INTRODUCTION

The site is designated ‘Arterial Commercial’, ‘Fringe Area’ and ‘Environmentally Sensitive’ in the Town of Greater Napanee Official Plan and is zoned Arterial Commercial Exception Seven (C2-7-H), Rural (RU) and Environmental Protection (EP) in Zoning By-law 02-22. The permitted uses in the Arterial Commercial designation relate to the buying and selling of goods and services, such as retail facilities, eating establishments, studios, among others, and the location of offices. No changes to the lands designated ‘Fringe Area’ and ‘Environmentally Sensitive’ are proposed as these portions of the property are located well away from the frontage on Palace Road. The C2-7 zone restricts uses to: antique sales establishment, eating establishment, garden centre, hotel, motor hotel, museum, outdoor café, petting zoo, parking lot, and retail uses. The rezoning application would amend the existing site-specific C2-7 zone to permit the additional commercial uses. The holding symbol on the subject lands permits development without the need to remove the ‘H’ for uses listed in the C2-7 zone except for: a hotel or motor hotel; a garden centre; and a museum. No changes to the Rural and Environmental Protection zones are proposed.

2.0 SITE OVERVIEW & CONTEXT

2.1 LOCATION

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Figure 1: Subject lands 2.2 EXISTING DEVELOPMENT

The site accommodates a large existing commercial building at the north end of the site abutting Palace Road. The building formerly accomodated a number of commercial uses including the Smiling Wilderness restaurant. The building has been listed for sale for a number of years and has largely been vacant during that time. The ground floor area of the existing building was not specified in the application and has not been indicated on the Site Plan submitted with the application (Figure 2). Parking is distributed throughout the site in areas around the buidling. The exact number of parking spaces was not provided, but comparing the original site plan with the existing conditions, it appears that there are approximately 54 marked spaces immediately in front of the building and a significant number of unmarked spaces in both paved and gravel lots elsewhere around the building. The site has two existing entrances from Palace Road (Figure 3). The south end of the property is largely undeveloped and heavily treed. No changes to the existing site are proposed as part of the subject applications.

Figure 2: Site Area (JL Richards, 2003)

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Figure 3: Aerial view of a portion of the subject lands.

2.3 SURROUNDING USES

The site is surrounded by the following:

 North – Highway 401, rural lands beyond  East – undeveloped rural lands  South – rural agricultural lands  West – low density residential development

3.0 DEVELOPMENT CONCEPT

The proposal is to amend the zoning to permit additional commercial uses in the existing building including a fitness centre, assembly hall, medical or dental clinic, and business, professional or administrative offices.

No changes to the existing site layout are proposed and no new buildings are proposed as part of the subject applications. The intent of the application is to expand the number of permitted uses to fill vacant rental space within the existing building footprint.

4.0 PROVINCIAL POLICY STATEMENT, OFFICIAL PLAN, ZONING BY-LAW AND SITE PLAN CONTROL

The applications were considered in light of the Provincial Policy Statement, Official Plan, and Zoning By-law.

4.1 Provincial Policy Statement (PPS)

Section 3 of the Planning Act requires that municipal planning decisions be consistent with the Provincial Policy Statement (PPS). The PPS provides direction on matters of provincial interest related to land use planning and development.

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The PPS encourages efficient, cost effective development and patterns of land use which stimulate economic growth and protect the environment and public health. It encourages redevelopment where this can be accommodated taking into account existing building stock or areas. It also encourages land use patterns that accommodate an appropriate range and mix of residential and commercial uses, and that development be directed outside areas of hazard such as flood prone lands. The PPS also ensures a co-ordinated comprehensive approach to arriving at land use decisions and that development is consistent with current and planned municipal services.

The proposed development is consistent with the intent of the PPS as:

 It repurposes a long existing vacant commercial building;  Is compatible with adjacent uses;  Site already has services;  Is outside areas of natural hazard;  Not anticipated to negatively impact public health and safety;  Provides an opportunity to redevelop a site by utilizing existing infrastructure; and  Contributes to the economic well-being of the Town.

In general, the requested Zoning By-law Amendment is consistent with the intent of the PPS.

4.2 Lennox and Addington Official Plan (OP)

The site is designated an ‘Urban Area’ in the County Official Plan. The Urban Areas in the County are settlement areas that have both water and wastewater services. Section C1 speaks to the general land use objectives as they relate to residential, commercial and employment areas. The Plan encourages “commercial development that will provide a full range of goods and services, at appropriate locations, to meet the needs of the County’s residents, employees and businesses”. The Plan also identifies that municipalities “provide for an appropriate mix and range of employment and institutional uses to meet long-term needs.

These objectives are reflected in the Town’s Official Plan and as such are discussed below in Section 4.3.

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4.3 Town of Greater Napanee Official Plan (OP)

Subject Lands

Figure 4: Schedule C – Land Use Plan

The site is designated ‘Arterial Commercial’, ‘Fringe Area’ and ‘Environmentally Sensitive’ on Schedule C of the Town of Greater Napanee Official Plan (Figure 4). The north end of the subject lands are designated ‘Arterial Commercial’. The permitted uses in the Arterial Commercial designation relate to the buying and selling of goods and services, such as retail facilities, eating establishments, studios, among others, and the location of offices. The ‘Fringe Area’ and ‘Environmentally Sensitive’ designations apply to the undeveloped lands at the south end of the property. These lands will be unaffected by the subject application.

The subject application proposes to amend the zoning to permit additional commercial uses in the existing building including a fitness centre, assembly hall, medical or dental clinic, and business, professional or administrative offices.

The proposed commercial uses are permitted in the Arterial Commercial designation of the Official Plan. As per Section 4.6.4.3.3.b,”the zoning by-law may recognize a range of uses at differing sites appropriate to the planned function of commercial service areas or specific commercial sites, having regard for their location, availability of municipal services and the nature of surrounding land uses”. The subject site is located immediately south of Highway 401 at the Palace Road exit, making the location highly accessible. The site is already developed on existing municipal services. The proposed uses are complementary to the existing commercial uses permitted on-site. The development is located on the fringe of an existing residential area west of the site.

The Plan requires that adequate off-street parking and loading shall be provided on site (4.6.4.3.3.e). The original Site Plan indicates the general location of parking. The exact number of parking spaces was not provided, but comparing the original site plan with the existing conditions, it appears that there are approximately 54 marked spaces immediately in front of the building and a significant number of unmarked spaces in both paved and gravel

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lots elsewhere around the building. Combined, there appears to be room for approximately 170 spaces, based on the original site plan drawing.

The site is located adjacent to residential development. Section 4.6.4.3.3.f. requires that “arterial uses located adjacent to sensitive land uses shall provide adequate buffering”. No changes to the existing site are proposed. The building is located on the east side of the subject parcel with the parking area providing a buffer between the building and the residential dwellings. The site has been landscaped to provide a visual buffer between the existing building and abutting development.

The proposed uses are appropriate in terms of scale for the subject site and will further enable the property to provide the type and range of uses anticipated under the Arterial Commercial designation of the Official Plan.

Based on the type and scale of use, the proposed expansion of permitted uses is suitable for the subject site and the requested amendment to permit these uses is appropriate.

4.4 Zoning By-law

The lands are zoned Arterial Commercial Exception Seven (C2-7-H), Rural (RU) and Environmental Protection (EP) in Zoning By-law 02-22 (Figure 5).

Subject Site

Figure 5: Town of Greater Napanee Zoning By-law 02-22 – Schedule 12.

Within the C2-7 Zone the following uses are permitted:

 Antique sales establishment  Eating establishment  Garden centre  Hotel, motor hotel  Museum  Outdoor café  Petting zoo

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 Parking lot  Retail uses

Within the CF-2 Zone, retail establishments are limited to a gross leasable area (inclusive of the garden centre and antique sales establishment) of 2050 square metres.

There is a holding symbol on the subject lands that applies to a limited number of the permitted uses of the C2-7 Zone, including:

i) A hotel or motor hotel ii) A garden centre iii) A museum

The proposed fitness centre, assembly hall, medical or dental clinic, and business, professional or administrative offices are not currently permitted in the existing C2-7 Zone. The rezoning application would amend the existing site-specific C2-7 zone to permit the additional commercial uses. No changes to those portions of the property in the Rural and Environmental Protection zones are proposed.

Given the size and layout of the existing facility, the number of permitted uses is limited and includes a number of abstract uses that are not conducive to the marketability of the building.

A detailed Site Plan was not provided with the subject application. It would appear the site can accommodate the required parking for the proposed uses, however this will need to be confirmed by the applicant at the time any new uses are proposed to occupy the premises.

4.5 Site Plan Control

The property is subject to site plan control. Any required changes to the property or building to implement requirements resulting from a request to lift the Holding may be addressed through an amendment to the existing agreement. Any changes to the building may also be subject to an amendment.

5.0 MUNICIPAL, PROVINCIAL, AND AGENCY COMMENTS

County of Lennox & Addington At the time of writing this Report, no comments have been received from the County.

Greater Napanee Utilities (GNU) Upon review, GNU have no objections with this amendment, though would like to provide the following comments. Any required changes for additional water meters, or change in size is the responsibility of the owner and must be approved by GNU. All sanitary discharges must meet the GNU Sewer Use By-law.

Greater Napanee Fire Emergency Services No issues or concerns from an emergency services perspective.

Kingston, Frontenac, Lennox and Addington Public Health At the time of writing this Report, no comments have been received from Public Health.

Quinte Conservation

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No objection to the application as presented.

Ministry of Transportation At the time of writing this Report, no comments have been received from MTO.

6.0 PUBLIC COMMENTS & PUBLIC MEETING

At the time of writing this Report, no comments have been received from the public.

A public meeting is scheduled for August 16th, 2016.

7.0 SUMMARY AND DISCUSSION

An application was received from Theo Nibourg on behalf of 1923731 Ontario Limited to amend Zoning By-law 02-22 for a parcel of land at 824 Palace Road. The proposal is to amend the existing C-7 zoning to permit additional commercial uses in the existing building including a fitness centre, assembly hall, medical or dental clinic, and business, professional or administrative offices. The site accommodates a large existing commercial building at the north of the site abutting Palace Road. The building formerly accomodated a number of commercial uses including the Smiling Wilderness restaurant. The building has been listed for sale for a number of years and has largely been vacant during that time. The intent of the application is to expand the number of permitted uses to fill vacant rental space within the existing building footprint.

The subject lands are located within the urban boundary in an area that is already serviced and developed. Adjacent uses include low density residential and rural land uses. The lands are located immediately south of Highway 401 at the Palace Road/HWY 401 interchange.

The PPS encourages efficient, cost effective development and patterns of land use which stimulate economic growth and protect the environment and public health. It encourages redevelopment where this can be accommodated taking into account existing building stock or area. It also encourages land use patterns that accommodate an appropriate range and mix of residential uses and that development is directed outside areas of hazard such as flood prone lands. The proposed development is consistent with the intent of the PPS as it proposes to expand the number of permitted commercial uses to encourage development of underutilized commercially-designated lands.

The site is designated Arterial Commercial in the Town of Greater Napanee Official Plan. The permitted uses in the Arterial Commercial designation relate to the buying and selling of goods and services, such as retail facilities, eating establishments, studios, among others, and the location of offices. The proposed uses are permitted in the Arterial Commercial designation. Additionally, the proposed uses will provide a service need to the residents of Napanee.

The lands are zoned Arterial Commercial Exception Seven (C2-7), Rural (RU) and Environmental Protection (EP) in Zoning By-law 02-22 (Figure 4). There is a holding symbol on the C2-7 zone that applies to a limited number of the permitted uses. Permitted uses in the C2-7 zone include: Antique sales establishment, eating establishment, garden centre, hotel or motor hotel, museum, outdoor café, petting zoo, parking lot, retail uses.

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The rezoning application would amend the existing site-specific C2-7 zone to permit a fitness centre, assembly hall, medical or dental clinic, and business, professional or administrative offices. No changes to the Rural and Environmental Protection zones are proposed.

In summary, the proposal to expand the number of permitted commercial uses is consistent with the Arterial Commercial designation and the uses contemplated for the site. There appears to be adequate parking and services to accommodate the proposed additional uses, and the site plan control process provides the Town to address specific implementation requirements for certain uses, as warranted.

8.0 CONCLUSION

The applications for Official Plan and Zoning By-law amendments were reviewed in light of the existing policy environment and the appropriateness of the use at the proposed location.

The proposals are consistent with the intent of the PPS and the policies of the Official Plan, and the use is seen as compatible with existing uses in the area.

9.0 RECOMMENDATION AND CONDITIONS

Subject to the conditions below, it is recommended that the Zoning By-law Amendment attached hereto as Appendix 1 be approved subject to the following conditions:

1. That Council consider and decide on the merits of written and verbal submissions received up to and including the Council meeting;

2. That should new information be received, or further input received raise points for further consideration, this report and opinion herein be revisited as needed.

______

Mark Touw, MCIP, RPP Nancy Cornish, M.PL., BComm Associate, Office Lead Planner

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Town of Greater Napanee

PLANNING REPORT 310 BRIDGE STREET WEST PART OF LOTS 17 AND 18, CONCESSION 1 GEOGRAPHIC TOWNSHIP OF RICHMOND TOWN OF GREATER NAPANEE OFFICIAL PLAN AMENDMENT (PLOPMA 2016 009) ZONING BY-LAW AMENDMENT (PLZACO 2016 010)

PLANNING REPORT AUGUST 2016

Planning Report - 310 Bridge Street West Official Plan Amend... Page 129 of 176 IBI GROUP Planning Report Official Plan Amendment and Rezoning 310 Bridge Street West Town of Greater Napanee TABLE OF CONTENTS

1.0 INTRODUCTION ...... 1

2.0 SITE OVERVIEW & CONTEXT ...... 1 2.1 LOCATION AND SIZE ...... 1 2.2 EXISTING DEVELOPMENT ...... 2 2.3 SURROUNDING USES ...... 2

3.0 PROPOSAL ...... 3

4.0 PROVINCIAL POLICY STATEMENT, OFFICIAL PLAN, ZONING BY-LAW AND SITE PLAN CONTROL ...... 3 4.1 Provincial Policy Statement (PPS) ...... 3 4.2 County of Lennox and Addington Official Plan ...... 4 4.3 Town of Greater Napanee Official Plan (OP)...... 5 4.4 Zoning By-law ...... 6 4.5 Site Plan Control ...... 8

5.0 MUNICIPAL, PROVINCIAL, AND AGENCY COMMENTS ...... 8

6.0 PUBLIC COMMENTS & PUBLIC MEETING ...... 8

7.0 SUMMARY AND DISCUSSION ...... 8

8.0 CONCLUSION ...... 9

9.0 RECOMMENDATION AND CONDITIONS ...... 10

APPENDICES

Appendix 1 – Official Plan Amendment Appendix 2 – Zoning By-law Amendment

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1.0 INTRODUCTION

Applications were received from Robert Paul and Bob Vrooman on behalf of the Lennox and Addington County General Hospital Foundation to amend the designation and zoning of the property at 310 Bridge Street West. The applications seek to expand the permitted uses to include business, professional, and administrative offices, eating establishments, and a wide variety of other commercial uses.

The site is designated ‘Major Institutional Specific Policy Area One (1)’ as per Official Plan Amendment No. 12 of the Town of Greater Napanee Official Plan. This designation permits major institutional uses as outlined in Section 4.6.2.2 of the Official Plan, as well as a senior’s residential complex, medical offices, fitness centre and accessory uses such as a coffee shop, a pharmacy, and a personal service shop. The site is in the Community Facility Exception Two (CF-2) Zone in Zoning By-law 02-22, which permits the following uses: those uses permitted in the Community Facility (CF) Zone, fitness centre, medical office, retirement home, senior citizen housing complex, residential care facility and accessory uses such as a coffee shop, a pharmacy, and personal service shop. The re-designation and rezoning would permit the additional requested uses.

2.0 SITE OVERVIEW & CONTEXT

2.1 LOCATION AND SIZE

The 2.79 hectare (6.9 acre) subject lands are located in Part of Lots 17 and 18, Concession 1, geographic Township of Richmond, more particularly described as Parts 1 and 2 on Reference Plan No. 29R-8626 (Figure 1). The property is municipally recognized as 310 Bridge Street West (Figure 2).

Figure 1: Subject lands

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Figure 2: Site Context – subject property outlined in red (Source: Google, 2016).

2.2 EXISTING DEVELOPMENT

The former Lenadco building located on the subject lands previously accommodated a long term care facility. Since that time, the building has been repurposed to accommodate a number of health related services and institutional uses such as a medical and dental clinic, medical lab, physiotherpy clinic, and L&A Seniors Outreach Services among other uses. A limited number of complementary commercial uses are also on-site including a coffee shop and gym. The Napanee Acquired Brain Injury and Rehabilitation Home occupies a significant portion of the existing building.

The existing building has a ground floor area of 5,918 square metres (63,701 sq. ft.). Parking is provided on-site. The site has two existing entrances from Bridge Street West.

2.3 SURROUNDING USES

The site is surrounded by the following uses:

 North – John M. Parrott Centre (care facility), residential, former Westdale Public School (now being repurposed), and the Richmond Medical Centre;  East – Lennox and Addington General Hospital  South – medium density residential development

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 West – Evangel Temple

3.0 PROPOSAL

Applications for Official Plan and Zoning By-law amendment were submitted to expand the permitted uses to include the following:

 Bakery  Eating establishment  Place of Entertainment  Bank or Financial  Eating establishment  Retail Institution (drive-through) establishment  Brewers’ Retail Outlet  Fire hall, police station,  Travel plaza ambulance depot  Brewing/winemaking  LCBO  Accessory establishment dwelling unit  Business, professional  Liquor licensed  Apartment or administrative office premise dwelling house  Day nursery  Medical/dental clinic  Dwelling unit(s)  Drug store  Outdoor cafe  Retirement Home  Senior’s housing  Assembly hall  Auditorium  Day Nursery  Group Home  Tavern  Mixed Use  Personal Service Shop

A Site Plan detailing the existing and proposed parking requirements was not provided. A Planning Rationale in support of the applications was not provided.

4.0 PROVINCIAL POLICY STATEMENT, OFFICIAL PLAN, ZONING BY-LAW AND SITE PLAN CONTROL

The applications were considered in light of the 2014 Provincial Policy Statement, Official Plan, and Zoning By-law.

4.1 Provincial Policy Statement (PPS)

The 2014 PPS encourages efficient, cost effective development and patterns of land use which stimulate economic growth and protect the environment and public health. It encourages redevelopment where this can be accommodated taking into account existing building stock or areas. It also encourages land use patterns that accommodate an appropriate range and mix of residential and commercial uses, and that development be directed outside areas of hazard such as flood prone lands. The PPS also ensures a co- ordinated comprehensive approach to arriving at land use decisions and that development is consistent with current and planned municipal services.

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The proposed development is consistent with the general intent of the PPS in a number of ways as:

 It expands the number of uses permitted in a partially vacant institutional building;  Site already has services;  Is outside areas of natural hazard;  Not anticipated to negatively impact public health and safety;  Provides an opportunity to redevelop a site by utilizing existing infrastructure; and  Contributes to the economic well-being of the Town.

Although the proposed development is consistent with the general intent of the PPS in a number of ways, we have some concerns about whether the proposed development meets the intent of the PPS in other ways.

Section 1.1.1. (b) states that “healthy, liveable, and safe communities are sustained by accommodating an appropriate range and mix of residential, employment (including industrial and commercial), institutional, recreation, park and open space, and other uses to meet long- term needs. Section 1.3.1. (a) also states that “planning authorities shall promote economic development and competitiveness by providing for an appropriate mix and range of employment and institutional uses to meet long-term needs”. We note that there is a limited number of institutional lands and buildings within the urban area of the Town. We are concerned the subject applications would dilute that supply, particularly when there appears to be a sufficient supply of commercially designated and zoned lands that would already permit the proposed uses (i.e. Arterial Commercial and General Commercial zoned lands).

With respect to land use compatibility, Section 1.3.1(c) “encourages compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities”. We note that the Napanee Acquired Brain Injury and Rehabilitation Home occupies a significant portion of the existing building on the site and a number of other residential type uses are permitted under the current zoning (i.e. senior’s housing, retirement home, etc.). We have concerns about potential negative impacts from some of the proposed commercial uses on these residents. Planning applications and approvals granted in the past for the site have been consistent in that they have sought to permit a range of uses that support the primary institutional and medical nature of the site, with some allowance for limited complementary uses. The proposed commercial uses are a marked departure from this approach.

In general, given the above noted concerns and given no planning rationale was submitted in support of the subject application, it is unclear if the requested Official Plan and Zoning By- law amendments are consistent with the intent of the Provincial Policy Statement.

4.2 County of Lennox and Addington Official Plan

The site is designated an ‘Urban Area’ in the County Official Plan. The Urban Areas in the County are settlement areas that have both water and wastewater services. Section C1 of the Plan speaks to the general land use objectives as they relate to residential, commercial and employment areas. The Plan encourages “commercial development that will provide a full range of goods and services, at appropriate locations, to meet the needs of the County’s residents, employees and businesses”. The Plan also identifies that municipalities “provide for an appropriate mix and range of employment and institutional uses to meet long-term needs.

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These objectives are reflected in the Town’s Official Plan and as such are discussed below in Section 4.3.

4.3 Town of Greater Napanee Official Plan (OP)

Subject Lands

Figure 3: Schedule C – Land Use Plan

The site is designated ‘Major Institutional Specific Policy Area One (1)’ as per Official Plan Amendment No. 12 of the Town of Greater Napanee Official Plan. This designation permits major institutional uses as outlined in Section 4.6.2.2 which includes uses such as hospitals, chronic care facilities, nursing homes, medical care facilities, recreational facilities, police stations, and firehalls. The site-specific amendment expanded the permitted uses to also include a seniors residential complex, medical offices, fitness centre and accessory uses such as a coffee shop, a pharmacy, and a personal service shop.

The subject applications request to amend the designation and zoning of the property at 310 Bridge Street West to further expand the permitted uses to include business, professional, and administrative offices, eating establishments, and other commercial uses as listed above in Section 3 of this Report.

As per Section 9.17(a), when considering a specific request for amendment, Council will have regard to:

i) The need for the use; ii) Alternative locations for the proposed use; iii) Compatibility of the use with surrounding uses; iv) Impact on resources; v) Impact on natural heritage features; vi) The adequacy of water supply and sewage disposal services required by the proposed use; vii) Vehicular and pedestrian access; and viii) Financial impact on the municipality.

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One of the main goals of land use planning is to ensure that land uses are properly located and suitably distributed. As mentioned above with respect to the PPS, there is a limited number of institutional lands and buildings within the urban area of the Town. The subject application would dilute the municipality’s urban supply of designated institutional lands, meaning that future Institutional land uses complementary to the existing uses in the building may have to seek other accommodations. Similarly, there appears to be a sufficient supply of commercially designated and zoned lands within the urban area of the Town that would already permit the proposed uses (i.e. Arterial Commercial and General Commercial zoned lands).

As was discussed with the applicant, the idea of permitting a limited number of “complementary” uses based on a percentage of the total floor area of the building has been supported – the idea being that the primary uses still define the nature of the site as they would occupy the majority of the building. The existing site specific policies, as amended by the property owner in 2009, implement this approach as they permit “accessory uses such as a coffee shop, a pharmacy, and a personal service shop.” These uses are clearly supportive of the primary uses on the site in that they are either medical in nature or they can reasonably be supported by the users of the primary uses on the site.

With respect to compatibility, we note that the Napanee Acquired Brain Injury and Rehabilitation Home occupies a significant portion of the existing building on the site. The facility has some of the characteristics of a residential use. A number of other residential type uses are also permitted under the existing designation and zoning (i.e. senior’s housing, retirement home, etc.). We have concerns about potential negative impacts (i.e. noise, traffic, etc.) from the proposed commercial uses on these existing and permitted residential uses by a further expansion of the permitted uses on site. Planning applications and approvals granted in the past for the site have been consistent in that they have sought to permit a range of uses that support the primary institutional and medical nature of the site, with some allowance for limited complementary uses. The proposed commercial uses are a marked departure from this approach.

In terms of the other criteria identified in Section 9.17(a), no resources or natural heritage features will be negatively impacted by the proposed development. It is understood the site is adequately serviced and existing servicing can accommodate additional uses. No changes to the existing site layout are proposed. Two vehicular access points serve the site. It is not anticipated that the proposed expansion of permitted uses will have a negative financial impact on the municipality as it is an existing building within the urban area.

Based on the above, we are of the opinion the proposed expansion of permitted uses to include a range of commercial uses is not suitable for the subject site and the requested Official Plan Amendment (OPA) to permit this use is not appropriate.

4.4 Zoning By-law

The lands are zoned site-specific Community Facility ‘CF-2’ Zone in the Town of Greater Napanee Zoning By-law No. 02-22 (Figure 4).

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Subject Site

Figure 4: Town of Greater Napanee Zoning By-law 02-22 – Schedule 12.

Within the CF-2 Zone the following uses are permitted:

 Uses permitted in the Community Facility (CF) zone  Fitness Centre  Medical Office  Retirement Home  Senior Citizen’s Housing Complex

The following accessory uses are also permitted:

 Coffee shop  Personal service shop  Pharmacy

Within the CF-2 Zone, the total gross floor area of all accessory uses shall be restricted to a maximum of 10% of the built gross floor area and the total gross floor area of a coffee shop shall not exceed 2500 square feet.

Site-specific provisions are also provided for dwelling unit size and minimum yards.

As no specific uses are being proposed to occupy the building as part of the application, we cannot comment on the adequacy of the existing parking supply to accommodate each proposed use. Depending on the mix of uses that ultimately, in theory, occupies the building, it may be that relief is required from the parking requirements for certain uses if there is insufficient supply once the building is more fully occupied. As such, the uses would be added to the list of permitted uses in the zone, but would still have to comply with the general provisions of the zoning by-law before they could occupy the property.

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The zoning amendment would amend the CF-2 Zone to permit the requested commercial uses identified in Section 3.0 of this report and remove the existing restrictions on accessory uses and gross floor area requirements. As noted above in the discussion on the Official Plan policies, the proposed rezoning would allow a mix of uses on the property that are not viewed as being compatible. The application essentially seeks to blend two very distinct zones, being institutional and commercial, with no supporting evidence provided as to how these types of uses are compatible or why it is appropriate in the subject location.

We also note that no consideration has been given by the applicant as to impacts from additional traffic or noise impacts on the existing residential-type uses from proposed commercial uses such as restaurants, places of entertainment, auditoriums, travel plazas, and the like. If Council were to approve the applications, the zoning should only be approved with a holding ‘H’ symbol applied for certain additional uses to ensure that any potential negative impacts due to traffic, noise, etc. are adequately addressed. The draft amending by-law included with this report identifies those uses which should be subject to a holding ‘H’.

4.5 Site Plan Control

The property is subject to site plan control. Any required changes to the property or building to implement parking, traffic, or noise studies in support of new uses would be implemented through amendments to the existing agreement.

5.0 MUNICIPAL, PROVINCIAL, AND AGENCY COMMENTS

County of Lennox & Addington At the time of writing this Report, no comments have been received from the County.

Greater Napanee Utilities No objections with the amendment. Any required changes for additional water metres, or change in size is the responsibility of the owner, and must be approved by GNU. All sanitary discharges must meet the GNU Sewer Use By-law.

Quinte Conservation No objection to the application as presented.

Greater Napanee Fire Emergency Services No issues or concerns from an emergency services perspective.

Kingston, Frontenac, Lennox and Addington Public Health At the time of writing this Report, no comments have been received from Public Health

6.0 PUBLIC COMMENTS & PUBLIC MEETING

At the time of writing this Report, no comments have been received from the public.

A public meeting is scheduled for August 16th, 2016.

7.0 SUMMARY AND DISCUSSION

Applications were received on behalf of the Lennox and Addington County General Hospital Foundation to amend the designation and zoning of the property at 310 Bridge Street West to expand the permitted uses to include business, professional, and administrative offices, eating

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establishments, and a wide variety of other commercial uses. The former Lenadco building located on the subject lands was once used as a nursing home but now accommodates a number of related medical and institutional uses as well as a limited number of complementary convenience commercial uses. No changes to the existing building or site are proposed as part of the subject applications.

The subject lands are located within the urban boundary in an area that is already serviced and developed. Adjacent uses include residential and institutional uses. The proposed expansion of commercial uses is intended to increase the marketability of vacant rental space on-site. We note that this is not a matter that is considered relevant in land use planning decisions under the Planning Act.

The PPS encourages efficient, cost effective development and patterns of land use which stimulate economic growth and protect the environment and public health. It encourages redevelopment where this can be accommodated taking into account existing building stock or area. It also encourages land use patterns that accommodate an appropriate range and mix of residential, commercial and employment uses. The proposed development is consistent with the intent of the PPS in some ways and inconsistent with the PPS in others.

The site is designated ‘Major Institutional Specific Policy Area One (1)’ as per Official Plan Amendment No. 12 of the Town of Greater Napanee Official Plan. This designation permits major institutional uses as outlined in Section 4.6.2.2 which include uses such as administration offices, hospitals, chronic care facilities, nursing homes, medical care facilities, recreational facilities, police stations, and firehalls. The site-specific amendment expanded the permitted uses to also include a seniors residential complex, medical offices, fitness centre and accessory uses such as a coffee shop, a pharmacy, and a personal service shop.

Planning applications and approvals granted in the past (including a 2009 OPA and ZBA and a 2014 ZBA) have been in support of efforts to increase the flexibility of how the site can be used and to allow it to gradually evolve and change so that it remains viable. However, these applications have been consistent in that they have sought to permit a range of uses that support the institutional and medical nature of the site, with some allowance for limited complementary uses. The proposed commercial uses are a marked departure from this approach.

We are of the opinion, the proposed commercial uses will dilute the supply of intuitional lands in the Town, particularly given there appears to be a sufficient supply of commercially designated and zoned lands that would permit the proposed commercial uses as of right. As per Section 9.17(a) of the Official Plan, it is not clear that there is a need for the proposed additional uses in this location. The compatibility of the proposed uses with the existing primary institutional and supported-living uses are also of concern. A large portion of the existing building in effect supports a residential use (i.e. Napanee Acquired Brain Injury and Rehabilitation Home) which may be negatively impacted by some of the proposed commercial uses that are better suited for an arterial commercial designation and zone.

8.0 CONCLUSION

The applications for Official Plan and Zoning By-law amendments were reviewed in light of the existing policy environment and the appropriateness of the use at the proposed location.

The proposals are not, in our opinion, consistent with the intent of the PPS and the policies of the Official Plan, and the wide variety of additional commercial uses proposed are not seen as being compatible with existing uses in the area. A much more limited list of additional

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permitted uses could potentially be accommodated, but we understand that this is not desired by the applicants.

9.0 RECOMMENDATION AND CONDITIONS

It is recommended that the Official Plan and Zoning By-law Amendments not be approved.

Should Council choose to approve the applications, the additional permitted uses should be approved with a Holding ‘H’ symbol applied until studies supporting any additional traffic or noise impacts are considered and addressed.

______

Mark Touw, MCIP, RPP Nancy Cornish, M.PL., BComm Associate, Office Lead Planner

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Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: August 16th, 2016

Prepared by: Peter Dafoe, General Manager of Infrastructure Services Kristie Kelly, Manager of Environmental Compliance

Presented by: Peter Dafoe, General Manager of Infrastructure Services

Re: Town of Greater Napanee Response to Level 3 Low Water Condition as declared by Local Conservation Authorities

Staff Recommends: That Council receive for information the Staff Report: Town of Greater Napanee Response to Level 3 Low Water Condition as declared by Local Conservation Authorities;

And further that Council approve the creation of a water restriction by-law which shall be implemented to be in effect during the declaration of a Level 3 Low Water Condition by the Conservation Authorities;

And further that no restrictions be implemented to the Town’s potable water filling stations;

And further that all residents within the Town of Greater Napanee (municipal water supply or private well systems) be encouraged to exercise reasonable water conservation initiatives during Level 3 Low Water Conditions;

And further that Staff continue to work closely with local Conservation Authorities and adjust to changing conditions as required.

Financial Implications: After review, it was determined that there would be an estimated $456,000 in loss revenue for the Utilities per billing cycle if a 50% reduction in water consumption was actually achieved. Based upon the best available weather information to date it is likely that this request from the Conservation Authority(s) would impact two billing cycles.

Accessibility Implications: After review, it was determined that there are no accessibility implications at this time. Information Technology Implications: After review, it was determined that there are no information technology implications at this time.

Infrastructure Services - Town of Greater Napanee Response t... Page 141 of 176 Energy Management Implications: After review, it would be anticipated that the Town of Greater Napanee would see reductions in billed water usage.

Background Information: On August 4th, 2016 a Level 3 Low Water Condition was declared by Quinte Conservation, and similarly on August 10th, 2016 the same condition was declared by the Cataraqui Region Conservation Authority. The Level 3 Low Water Condition’s were enacted due to lack of rainfall and low flows in local rivers and streams. As part of the Level 3 Low Water Condition declaration, the Conservation Authorities are requesting that all municipalities within their jurisdiction ask their residents and businesses to reduce water usage.

Discussion: The Town of Greater Napanee has taken the following initiatives to conserve treated municipal water:

General:  Water conservation tips were included in the last two Community Service Guides and are also available on the Town’s website as well as the Conservation Authority’s websites.  Vehicle washing only to take place when absolutely necessary  BIA has reduced watering plants to every other day. Certain gardens are being reduced further by preparing for the fall season.

Parks and Facilities:  Plant watering reduction to 2 days per week (originally ~6 days/week then reduced to 3 days/week at Level II declaration)  Reduction of young tree watering to 1 day per week from 3 days/week  Eliminate lawn watering at all soccer pitches  Halt watering the outfields at the Napanee Fairground Diamonds for a few weeks and assess. Further action will be determined depending on conditions.  Infield watering of ball diamonds will continue as needed for Health & Safety reasons, only using low volumes of water for tournaments  Staff will sweep vs. mop when appropriate  Half the volume of water will be used during ice resurfacing for ice rentals with younger children or small groups  Water usage is being closely monitored at the Splash Pad to determine usage trends. Upon further investigation, timers will be adjusted to reduce individual run time (currently ~3 minutes). Another option will include flow restrictions or selected features being taken off line. In addition, Splash Pad hours will be reduced by two hours per day (proposed11am-7pm, previously 10am-8pm).

Public Works:  Department has significantly reduced street sweeping and dust control initiatives, which uses notable volumes of water. Road conditions will be monitored with maintenance practices adjusted as necessary.  Modified maintenance and construction practices to reduce water use

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Utilities:  Annual hydrant flushing and maintenance program is complete for the season. During the 2016 season, revised hydrant maintenance procedures were in place in certain areas to reduce/minimize water usage.  Department has completed a full sound/leak detection program within the entire distribution system and water loss has been reduced.  Plans are in place to re-use effluent water at the WPCP for certain processes within the facility  Reuse of potable water that is used for construction purposes (e.g. watermain installation)

Corporate & Community Services:  Day camp staff have reviewed water usage and are being vigilant with water activities  Staff have adjusted toilet tank volume at the North Fred Hall to reduce usage  Water restriction bylaw for Council consideration

Emergency Services:  Department has reduced vehicle washing  Pump operations training will be completed at local quarries with all water recirculated and returned to its original source. Hydrant usage will be solely limited to emergency operations.  Other training efforts will use charged lines for practice rather than free flowing water

Treated Water Flows: The graph below shows that the volume of treated effluent water that is discharged into the Napanee River from the WPCP is significantly greater than the amount of potable water that is sent to our residents via the Napanee Water Distribution System.

Total Flows to the Napanee Distribution System vs. WPCP Effluent

3000000 2770401 2376569 2500000 2000000 1851160 1694422 1583993 1500000 1000000 939726 500000 0 2014 2015 2016 (to date)

WT Flows WPCP Effluent

Infrastructure Services - Town of Greater Napanee Response t... Page 143 of 176 Potable Water Filling Stations: The Town operates three potable water filling stations that are available to our residents. Reminders about the filling stations have been included in the past two Community Services Guides and are frequent in the local newspaper.

Small Fill Station Medium Fill Large Fill Station Summer Flows Station Summer Summer Flows 100 Flows 10,000 2000 5,000 50 0 0 0 May June July August

2014 2015 2016 2014 2015 2016 2014 2015 2016

Usage at all three of the filling stations has increased substantially during the summer months of 2016. It is presumed that a large volume of the users are rural residents who may be undergoing water hardships on their private well systems. During the month of July, 2016, the small filling station (free to residents, for containers 20L or less) dispensed 35 m³/7700 gallons more water when compared to the previous July. Also in July, the medium fill station ($2 for 1000L/220 gallons) had flows that were 1635 m³/359,700 gallons more than the previous year. Our bulk/large filling station, designed for large quantities of bulk water, distributed 3519 m³/774,180 gallons more potable water than the previous July. It is expected that usage at all three filling stations will continue to be significantly greater into August and September as rural residents rely on these services during this particularly dry season.

Financial: The financial impact to an actual 50% water reduction would be devastating to the Utilities 2016 Budget. Based upon average consumption trends shown below, the municipality has already significantly reduced (38%) average water usage since 2008. Current average usage is approximately .4m3 or 88 gallons per day.

Infrastructure Services - Town of Greater Napanee Response t... Page 144 of 176 Permit to Take Water: A Permit to Take Water is issued through the Ministry of Environment and Climate Change (MOECC) in order to regulate usage of surface and/or ground water. The permits are prescriptive and only authorize The Town of Greater Napanee to take water for municipal treatment purposes.

Please be advised that the Town of Greater Napanee is not permitted to allow connections to raw water hydrants from Lake Ontario for private consumption. In addition to legislative restrictions there are a number of operational issues associated with the use of raw water hydrants for uses other than municipal supply.

The MOECC issues permits to users that exceed 50,000 litres per day and have the sole authority to ammend these documents as required. The MOECC continues to monitor dry weather conditions but have indicated that no ammendments are currently being considered.

Summary: Staff do not recommend any restrictions to the small, medium or large potable water filling stations. These stations provide a critical supply of water to the rural community and are essential for day to day living. Municipal water is also being used to sustain livestock.

Staff recommend a water restriction bylaw be implemented to be in effect during the declaration of a Level 3 Low Water Condition by the Conservation Authorities. This should include lawn watering or other non essential uses where water doesn’t reach the sanitary or storm water systems.

Staff recommend that all residents within the Town of Greater Napanee (municipal water supply or private well systems) exercise reasonable water conservation initiatives during Level 3 Low Water Conditions.

Staff will continue to work closely with local Conservation Authorities and adjust to changing conditions as required.

For more information on low water conditions, please visit the following websites: Quinte Conservation Authority or Cataraqui Region Conservation Authority

Infrastructure Services - Town of Greater Napanee Response t... Page 145 of 176 A News Release NEWS from the Cataraqui Region Conservation Authority RELEASE August 10, 2016

CRCA Water Response Team Declares Severe Drought Conditions in Cataraqui Region

Kingston – The Cataraqui Region Water Response Team met yesterday afternoon, and agreed to move from a Moderate to a Severe drought condition declaration across the Cataraqui Region Conservation Authority (CRCA) watershed.

The last four months (April through July) were some of the driest ever recorded in the Kingston area. Only 10 mm of rain fell, on average, across the CRCA in the last 30 days (average is ~70 mm) and there has been essentially no rain yet in August, 1/3 of the way through the month. Stream flows are now exceptionally low, close to the lowest ever recorded, with some streams having dried up entirely.

Lake levels across the CRCA, and eastern Ontario, have been falling due to evaporation (as much as 2.5 cm each day), and are as much as 20 cm below normal for this time of year. These low levels will be potentially exposing hazards that are normally irrelevant. Recreational users (swimmers, boaters, etc.) should exercise caution. These low levels are expected to persist into winter conditions.

The long term forecast appears to predict a continuation of hot and dry conditions through the fall, meaning current conditions may continue for a number of months. Steady, sustained, significant rainfall for a number of days is needed to bring conditions back towards normal. Across the CRCA, watersheds are in a deficit of 110 mm or more over the last 3 months.

With the continued dry conditions, residents using shore wells, or private ground water wells, should be practicing water conservation, as they are likely the most vulnerable users across the jurisdiction, and there is already anecdotal evidence of wells going dry across the region.

The CRCA recommends water conservation for all residents, across the CRCA region and eastern Ontario as good practice, even in normal conditions. Typical residential indoor water use breakdown across the US and Canada is:

Toilet 24% Leaks 12% Shower 20% Other 4% Faucet 19% Bath 3% Clothes Washer 17% Dishwasher 1% * Source: Water Research Foundation, http://www.waterrf.org/PublicReportLibrary/4309A.pdf

This certainly leaves room for conservation, with wise water use in the home.

The dry conditions also mean high susceptibility for fire, and each of the municipalities of the CRCA has a fire ban in place. Extreme caution should be exercised with any open flames across the region, including cigarettes.

Low water conditions are determined by the Cataraqui Region Water Response Team (WRT) convened by the CRCA. Membership includes water managers, major water users, public health, agriculture, school boards, marina operators, golf courses, government agencies, dam operators and others

CATARAQUI REGION CONSERVATION AUTHORITY 1641 Perth Road, P.O. Box 160 Glenburnie, ON K0H 1S0 Phone: 613-546-4228 Toll-free: 1-877-956-CRCA (2722) Email: [email protected] Website: www.crca.ca

Infrastructure Services - Town of Greater Napanee Response t... Page 146 of 176 The Water Response Team recommends water conservation across the jurisdiction, for all water users, residential and commercial, especially those areas that are supplied by a ground water well or shore well. The team is asking residents and businesses of the region to be wary of water usage, and try to conserve water anywhere they can; this includes the outside watering of plants and lawns, and washing driveways, sidewalks, cars, etc. Permit To Take Water holders are also encouraged to reduce water takings during this exceptionally dry time. Those residents relying on wells and shore wells should be concerned that, as the drought continues, their water supply may run dry, and should plan for what to do when their primary source of water runs dry.

Lawns that have turned brown from the drought are not “dead”, the grass has just gone dormant from lack of water. When rainfall returns, the grass will come out of dormancy and perk back up. In addition, it should be noted that lawns only require about 25 mm of water per week, any more than that can weaken the root system, making grass more susceptible to adverse conditions. Similarly, trees need 4 to 5 gallons of water once a week, even in drought conditions.

It should be noted that taking water from streams in barrels or containers for watering gardens can impact other users, and the ecological function of streams. Caution should be exercised with any withdrawals from surface water. It is not recommended to fill dry wells with surface water, or treated water, better to fill cisterns or other storage units, where all the water can be used. Many of our area municipalities offer bulk water purchases from their water treatment plants.

Municipalities may invoke water use bylaws and residents should find out what bylaws are in effect in their municipalities regarding water use.

The CRCA WRT declared a Minor drought condition on May 26th, and upgraded that condition to Moderate on July 5th.

The CRCA has numerous water conservation web links on their website at http://crca.ca/education/publications-resources/resources-for-wise-water-use/.

The Ontario Ministry of Agriculture, Food and Rural Affairs has a helpful list of web links on their web site: http://www.omafra.gov.on.ca/english/crops/weather/adverseweather.html#dry

As does the Saskatchewan Watershed Authority: http://www.battleford.ca/mri_files/water_use_in_your_home.pdf

A “Minor” drought condition is the first of three levels and reflects concern. “Moderate” suggests a potentially serious problem. “Severe” indicates a failure of the water supply to meet demand.

The declaration of “Severe” conditions is not a declaration of an emergency, but an indicator of the severe dry conditions, and impacts being felt across the CRCA as a result. Any declarations of emergency are a municipal decision.

The CRCA will continue to monitor conditions, and will provide updates as conditions change.

In order that we can track impacts of the drought conditions in the watershed, we request that any individuals or businesses in the Cataraqui Region who may be experiencing difficulties with their wells (groundwater and shore), or are seeing other signs of watershed stress due to the dry conditions, please contact the Conservation Authority by calling 613-546-4228 or (in 613 area code), 1-877-956- CRCA(2722), ext. 241, or fill in the survey on our website www.crca.ca/drought

– 30 –

For more information call: Sean Watt, Water Resources Engineer (613) 546-4228 ext. 241 Toll-free 1-877-956-CRCA (2722) ext. 241

Infrastructure Services - Town of Greater Napanee Response t... Page 147 of 176 ______

LEVEL3 WATERCONDITION- QuinteConservation Watershed Nature EnvironmentalProtection August I 4,2016- Low I 8/1012016 I

4 Isearch... Quinte SERVATION CON Flood Information Low Water Information t CI Newsletter Signup

CONTACTUS CAMPING JOBS &TENDERS PROGRAMS&SERVICES PERMITS& PLANNING WATERMANACEMENT&LEVELS NEWS

CONSERVATIONAREAS ENVIROMINuTEP000AST ABOUTUS EVENTS VOLUNTEER DONATE SOURCE WATERPROTECTION

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ctI&z water Levels August 4, 2016 - LEVEL 3 LOW WATER CONDITION Flood Messages Flooding Information Most recent water levels • Low waler Messages S Water conservation tips Low Waler Information

Quinte Conservation and the Low Water Response Team have declared a Level 3 Low Water Conthtion due to Protecting Water lack of rainfall and law flows in local rivers and streams. This is the most severe low waler level. Ouinle Conservator, Water Resources Manager Christine McClure says. “We have received approximately 35% of Watershed Ropon Cards average rainfall across the watershed in July. This means that some lake and river levels are visibly lower than Watershed Documents & Studies they would normally be for this time of year. Flows in the Moira, Napanee and Salmon Rivers continue to be extremely low and we neeo a significant amount of rain to change that. The Waler Response Team met Dams Thursday morning and declared hal we are now in a Level 3 Low Water Condition.” Watershed Watch

A Level 3 Low Waler Condition indicales a failure of the water supply to meet demand. Restrictions on water use may be imposed by municipal:ties or under the provincial Water Resources Act. Low water conditions are ranked as Level 1, 2 or 3 based on a prolonged period of low flows or precipitation. A Level 1 is the least severe and Level 3 is the mast severe.

McClure explains, We confirm low water conditions using two criteria — precipitation and stream flow. Both critena are very law for this t;me of year and lower than we usually see at the end of summer or early fall. Same of our rivers are experiencing the lowest tlows we have ever recorded for July.”

As part of the Level 3 Low Water Condition declaration Ouinte Conservation willbe communicating with its 18 municipaKties and requesting [hat they ask their residents and Ousinesses to reduce water usage Dy o per cent.

Long range forecasts indicate that the hot, dry weather willcontinue into the fall, Ouinte Conservation says its now essential for residents, businesses and municipalities to conserve water. The environmental organization is asking residents and businesses in the region to reduce all water usage by 50 per cent until the supply is replenished. People on private wells should be especially careful of their water usage. Well owners should take steps to protect their well pump. A licensed contractor can be hired to check water levels and make sure the pump is working and protected against running dry.

Water levels are becoming dangerously Iowan the Skootamatta, Black. Salmon. and Napanee Rivers. This has prompted Quinte Conservation to operate dams in order to increase Flowsdownstream. McClure explains, “We are attempting to maintain a minimal flow in the rivers to support local ecosystems. These dams have been identified as low flow augmentation structures and are being operated according to their individual operation plans. Residents above the dams we are operating willnotice a decline in their water levels.

The following dams were recently operated:

G Linoham Lake Dam O DeerQck Lake Dam • Voper Arden Dam • Laraby Rapids Dam • Second Depot Lake Dam O Third Depot Lake Dam • Thirteen Island Lake Dam

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Infrastructure Services - Town of Greater Napanee Response t... Page 148 of 176 3 - Nature Environmental Protection August LEVEL CONDITION Quinte Conservation Watershed I I 8/1012016 4,2016- LOW WATER I

Operations may be conducted at Skootamatta Lake Dam ifconditions warrant,

Quinte Conservation has stopped generating hydroelectric power at the McLeod Dam due to low flows in the Moira River. Extremely dry conditions in the Salmon River means that the seasonal weir at Kingsford Conservation Area was not installed.

The environmental organization is encouraging any individuals or businesses in the Quinte watersheds who experience problems or hardships, such as wells going dry, to contact Quinte Conservation by calling 613-968- 3434 or 613-354-3312 and dialing extension 129. Reports can also be emailed to [email protected]. These reports willhelp the organization track the impacts of the Low Water Condition.

McClure says, Reducing water use by halt means that residents willhave to take a hard look at how they are using their water. Many local people have already stopped watering their lawns in an effort to conserve water. Other large uses of water in the average home are toilets, showers, and laundry. Drinking water and food preparation only make up about five per cent of the water used in an average home.”

Quinte Conservation issued the first low water warning this year on June 2. The local environmental agency willcontinue to monitor precipitation and stream flows and provide updates. Tips on water conservation can be found on the Quinte Conservation website at www.quinteconservation.ca.

Ouinte Conservation is the lead for the local Waler Response Team (WRT) for all of Prince Edward County and the watersheds of the Moira, Napanee and Salmon Rivers. The team includes representation from municipalities. Ministry of the Environment and Climate Change. Ministry of Natural Resources and Forestry, Ministry of Agriculture Food and Rural Affairs, and local industry. The WRY is formed when the watershed is In a Level I cond;tion. Water Response Teams monitor local conditions carefully and work with local water users to reduce demand and mitigate the effects of water shortages.

Ouinte Conservation is a community-based environmental protection agency. It serves 18 municipalities in the watersheds of the Moira, Napanee and Salmon Rivers and Prince Edward County. It provides cost-effecUve environmental expertise and leadership. Quinte Conservation’s main goal is to create a sustainabte ecosystem where people and nature live in harmony.

For more infonnation

thJennifer May-Anderson Communications Manager (613) 968-3434 ext. 125 (613) 354-3312 ext. 125

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Infrastructure Services - Town of Greater Napanee Response t... Page 149 of 176

Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: August 16, 2016

Prepared By: Jeff Cuthill, Director of Utilities and Public Works Construction

Presented By: Jeff Cuthill, Director of Utilities and Public Works Construction

Re: Infrastructure Services (Public Works) - Sandhurst Shores Paving

Staff Recommendation:

That Council receive for information the; Infrastructure Services (Public Works) - Sandhurst Shores Paving Report.

And further that Council award the Sandhurst Shores Paving to Coco Paving Inc. for the sum of $296,922.50 plus HST. Financial Implications: $296,922.50 for the pulverizing, fine grading and placement of 50mm HL3 paving falls within the approved 2016 capital budget amount of $314,100.00. This project was also accepted and granted approval through the OCIF Formula Based Funding Contribution Agreement for the sum of $167,260.00.

Accessibility Implications: This report may be available in alternate format upon request.

Information Technology Implications Upon review, there are no information technology implications.

Energy Management Implications Upon review, there are no energy management implications.

Background Information and Discussion Staff has received two competitive bids for the approximate 3.4km of pulverizing, fine grading and application of 50mm of HL3 paving for the entire hamlet of Sandhurst Shores and Apsley Road. Cruikshank’s bid was $332,070.00 plus HST and Coco’s bid was $296,922.50 plus HST. If approved by Council, Public Works staff would like to begin this work as soon as possible by completing all necessary preparation work in order to pave as soon as the first of September.

Infrastructure Services (Public Works) - Sandhurst Shores Pa... Page 150 of 176 Staff Report to Council Greater Napanee

To: Mayor Schermerhorn and Members of Council

Date: Julyl9,2016

Prepared By: Raymond Callery, CAO

Presented By: Raymond Callery, CÁO

Re: Riverfront Festival 2016

Staff Recommendation: That the Council Report be received as information and that Council determine the level of expenditure for 2017 during budget deliberations.

Financial Implications: The Town contribution toward the operating cost of the festival in 2016 was $11129.53. This was up from $7,500 in 2015 Accessibility Implications: Accessibility is given a high priority in planning the event. Children’s events and walkways for access to the stage require future consideration.

Energy Implications: Shuttles and wagon rides are used to reduce traffic and idling at the festival.

Information Technology Implications: Wi-H in park benefitted visitors and vendors. Additional app development should be investigated to reduce printing in future

Background Information:

On June 10-12, 2016 the Town of Greater Napanee held the 3 Annual Riverfront Festival. This year the Festival was partnered with the Napanee and District Multi Cultural Association and Art in the Park. The multicultural event budget for the second year was included in the overall festival budget. Art in the Park made no contribution to the festival budget but did run their event as a fundraiser for local charities.

The weather for the Friday school program was perfect this year and held for the evening events. Unfortunately, Saturday was very wet in the early morning and it caused some events to cancel and delayed attendance. By lOam Saturday the weather broke, it became a beautiful day and the attendance quickly returned. Sunday weather was cold and threatening which created a great deal of quick turnover. Attendance after 11am was very poor on Sunday. However, overall the organizing committee was very pleased with the attendance which is estimated at 3,000 over the three days.

For the second year, the Trent Severn Antique & Classic Boat Association was an invited guest to the festival. They placed the boats on display behind Town Hall on the Friday afternoon, in the park Friday night and some launched on Saturday and went for an afternoon run, while other boats remained on shore as a ground display. The Boats

CAO - 2016 Riverfront Festival Page 151 of 176 were back on display on the Sunday morning. The club does not feel attendance warrants trying to display boats on the Friday afternoon. Despite their feeling it was well organized, they felt the 3-5pm timing of the display might have been when people were more focused on getting home. The remainder of the festival schedule worked well for the Association and we have a full report from the club of small changes to consider for 2017. One of the benefits of having the group attend is that over the weekend their members contribute approximately $6,000 to the local economy. They also are great ambassadors for the community before and after the event. Their membership continues to tell us that this is one of the best run events they attend during a season. This is high praise for a festival still going through early growing pains.

Having Tim Nimigan, act as a Master of Ceremonies for the entire event for a second year was important to the success of the festival. For 2016, Tim was provided a dedicated assistant who could be one step ahead on material or run for anything that may be missing.

The elementary school program was well attended by all local schools and the feedback was very positive from the day’s events. The introduction of a miniature boat building project and planting a “school in bloom garden” were well received. It would be nice if we could expand the canoe lessons for all schools in 2017. As part of the wrap up meeting it was also suggested to have each school try to build a cardboard boat that someone could attempt to cross the river in. The SPC had been booked as a rain location, but thankfully it was not required.

Friday also saw the introduction of a “Night of 1000 Strings”. Officially it was 178 strings, as attendance was fairly light for the first time event. Organizers and participants were very happy with the turnout, remain committed to the event and think that it should be operated one more year to allow it time to grow. A few scheduled performances on the Friday night from local musicians were also felt to be a possible addition in future years.

This year to attract people to the park on Friday night, draws were held online to pick up free movie passes for two movies, “Teenage Mutant Ninja Turtles” and “Alice in Wonderland”. To reduce half the cost of the Friday movie night, the movie was moved from the park to the theatre. Tickets were given away on Facebook and winners were required to pick up tickets at the park. This was done to raise early awareness of the festival and attract people to the park. Unfortunately it was not as successful as hoped, and a movie night is not recommended to continue as part of the festival in 2017. This expenditure was $600.

The VIP Reception for sponsors and guests had a lighter attendance than in the first two years and it was felt that this event needs a few changes. A small change in the menu and in the timing of the event may be required. This event started at the same time the “1000 Strings” event took place.

Rain on Saturday morning did delay the setup in the park and lead to the cancellation of the VIP Boat Parade. No other changes were required in scheduling.

The introduction of paddle board demonstrations and free trials created very positive comments and the company was very pleased with the Festival and the location. It is strongly recommended to continue with this event.

CAO - 2016 Riverfront Festival Page 152 of 176 The Canoe Tug-of-War was also added this year. The thirty two foot traditional canoe was used again to provide family rides all afternoon. However, twice during the day a series of team challenges took place. The participants and spectators of these events really enjoyed themselves and this event should be expanded and become a focal point for next year. Additional family rides were provided this year on a navy vessel in the afternoon and this event could have used expanded hours. 165 people participated in short naval rides over a span of two and a half hours. Both the canoe and navy family rides should return for the 2017 festival.

For the third year in a row, kayak and canoe races were organized. These are very hard events to get preregistration for and without an active formal association in our community, these events are hard to market. We did get last minute entries and having the school board canoes available during the entire festival was very helpful. In 2016, we added a river based poker run event, organized by the local cadets. This had poor registration and the organizers felt that a land based poker run along the boardwalk and the park area might be better received if continued into the future.

Consolidating the multicultural music in the afternoon on Saturday worked well but there are still a few scheduling issues to be ironed out. Having two dedicated volunteers, one introducing the performers and one lining up performers beside the stage are very important to making the event work effectively. The main event M!C cannot be dedicated to the stage introductions.

There was a nice mix of ethnic food, the chip truck and Spuds’ local cuisine, and all vendors did very well with the sale of their products. There was some confusion with the Lion’s Club over their traditional presence at the event and a number of other service clubs expressed an interest in having a presence, but timing did not allow for participation in 2016.

The Kid’s Zone had reduced traffic until about lunch time and then it became very busy. The climbing wall and face painting are two very popular aifractions at the event. There has not been anything identified as area for improvement other than some additional activities for those with reduced mobility. There may be cost savings in 2017 if the Rotary Park playground is developed prior to the festival. Rentals for a bouncy castle and other inflatable play structures would likely not be required.

The community booth and vendor area was very busy with 65 spaces used. Unfortunately with wet weather at the start of the day, Art in the Park postponed their event to Sunday. Some of the 29 Artists did show up on Saturday and were provided a complimentary spot in the vendors’ area. One conflict that did occur was that Art in the Park charged their vendors more than what the Town did to participate. Art in the Park, who did not contribute to the Riverfront Budget, ran their event as a fundraiser. Some artists not understanding the difference between the two vendor areas; expressed displeasure with the pricing difference.

Sunday’s OPP Pancake breakfast numbers doubled from 2015 at about 400 people served. This year, Tai Chi and music were added to the event on Sunday. The Concert Band was a big hit, but after the breakfast was complete the additional musical group had no spectators. Unfortunately with an unseasonable cold morning, there were very few visitors to the Art in the Park show and a greatly reduced number of artists actually participated.

CAO - 2016 Riverfront Festival Page 153 of 176 This is a busy weekend in Town. There is normally a major ball tournament, the Big Bike Ride for Heart and Stroke, and the Relay for Life Cancer fundraiser taking place. Our staff are spread very thin. Despite these challenges, I would not recommend changing weekends. All our reusable signage is printed with second weekend in June. Affer three years, vendors, performers and the community are starting to hold this date as a commitment. The move of Relay for Life from a Friday evening event to a Saturday daytime event, did affect some attendance. A follow up meeting with the Cancer Society will take place to discuss their plans for 2017.

Two major expenditure increases were encountered this year which lead to the increased contribution of the event to the Town. First, the cost of performers increased from $3,000 to $5,300. Part of the increase was for Sunday performances and the Town also covered the full cost of the performances uptown and downtown that were held offsite. In 2015, the offsite performance cost was paid by private business. The other major expense was in printing costs for advertising the event and brochures. These costs went from $1,500 to $2,700. The printing budget may be reduced substantially if we can develop a web based event brochure application that could be reused for all Town special events. With the availability of free public Wi-Fi in the park area, mobile phones could eliminate the need for most paper copies of the event.

Beyond the direct riverfront budget, a few other capital purchases were made. We now have permanent signage for all entrance points into the municipality to publicize the event and the Town installed a volleyball court in Kinsmen Park. The courts continue to be available to the public for ongoing use.

Attached to this report is a listing of sponsors and volunteers that has been included in the Town’s Fall Brochure being mailed to all households. We should also congratulate Grace Swinton who won the kayak that was donated again this year by Clearwater Design. The Kayak draw was a huge financial revenue source for the Napanee and District Multicultural Association which helped pay for a portion of the stage, sound system and increased band expense at the festival.

Respectfully Submitted,

Raymond D. Callery, BA, CMO, CMMIII-HR Professional

CAO - 2016 Riverfront Festival Page 154 of 176

Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: August 16, 2016

Prepared By: Raymond Callery, CAO

Presented By: Raymond Callery, CAO

Re: Special Meeting of Council - Taxation Policy

Staff Recommendation: That Council receive for information the Special Meeting of Council - Taxation Policy report; And further that Council confirm the date of Monday, August 22, 2016 at 7:00 p.m. at the Strathcona Paper Centre for a Special Session of Council for the purpose of the discussion of taxation policy.

Financial Implications: Staff awaits direction on future tax policy, and there will be costs incurred to set up a temporary sound system to have microphones for each member of council at the meeting.

Accessibility Implications: The facility is accessible

Energy Implications: The meeting should not substantially affect municipal energy. Information Technology Implications: No implications can be anticipated at this time.

Background Information: At the June 28, 2016 Regular Session, Council passed the following resolution:

RESOLUTION #294/16: Isbester & Kaiser That the Council of the Town of Greater Napanee receive for information the Watson & Associates Economists Ltd. - Town of Greater Napanee 2016 Taxation Policy Review Committee Final Report dated June 23, 2016; And further that Council defer a decision regarding the recommendations for tax policy to a special meeting of Council to be scheduled in August 2016 when all of Council can be present. Councillor Schenk requested a recorded vote. Yes: Councillors Schenk, Kaiser and Lucas, Deputy Mayor Isbester and Mayor Schermerhorn No: Councillor Harvey Absent: Councillor Cole

CAO - Special Meeting of Council for Taxation Policy Page 155 of 176 As a result of the recorded vote, the resolution was declared…………………CARRIED.

Based on the resolution that a special meeting be called and that Councillor Schenk was away from Council duties for health reasons in July; Mayor Schermerhorn requested Council be polled to attend a special meeting in August to be held at the Strathcona Paper Centre (SPC). Based on the scheduling availability of the Consultant, August 22, 2016 was his last day available before going away for three weeks.

All Council members were polled and all are available on this date.

This date also allowed for public notification to be placed in the newspaper, on the Town’s web site and for the public to be made aware of the date at the August 16, 2016 Council meeting. Notices have been placed at the Town Hall and at the SPC.

The Agenda for the special meeting will be restricted to the Council discussion of Taxation Policy and will contain the following headings:

1. Call to Order 2. Adoption of Agenda 3. Disclosure of Pecuniary Interest and the General Nature Thereof 4. Items for Discussion: 4.1 Motion to Open Council Discussion of the Taxation Policy Report 4.2 Direction to Staff on Taxation Policy 5. Confirm Proceedings 6. Adjournment

Special arrangements are being made to ensure that each Councillor has access to a microphone to assist the public in hearing the debate and direction to staff.

I trust this meets the requirements of Council Resolution 294/16

Respectfully Submitted,

Raymond D. Callery, BA, CMO, CMMIII-HR Professional CAO

CAO - Special Meeting of Council for Taxation Policy Page 156 of 176

Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: August 16, 2016

Prepared By: Susan Beckel, Clerk

Presented By: Susan Beckel, Clerk

Re: Community & Corporate Services – Dog Control Service Request for Proposals #2016-C01 ______

Staff Recommendation: That Council receive the Community & Corporate Services – Dog Control Service Request for Proposals #2016-C01; And further that The Corporation of the Town of Greater Napanee accept the proposal from Frontenac Municipal Law Enforcement Inc. for the provision of dog control service at an annual cost of $59,877.00 plus HST; And further that the Mayor and Clerk be authorized to execute a five year contract with Frontenac Municipal Law Enforcement Inc. on behalf of the Town.

Financial Implications The annual cost of the proposal for dog control service from Frontenac Municipal Law Enforcement Inc. (hereinafter “FMLE”) is $59,877.00 (excluding HST). This annual cost represents no increase to the current annual cost paid to FMLE from September 2011 - September 2016.

Accessibility Implications This report is available in an alternate format upon request.

Information Technology Implications Upon review, there are no Information Technology implications.

Energy Management Implications Upon review, there are no Energy Management implications.

Background Information Since September 2011, the Town of Greater Napanee has contracted its dog control service to FMLE. The current contract expires on September 11, 2016. The Request for Proposal (RFP) #2016-C01 was released on July 11, 2016. The purpose of the RFP was to select a contracted firm to provide dog control service. Public notice of the RFP was posted on the Town of Greater Napanee website and in the Town’s column in the

Community & Corporate Services - Dog Control Service Request... Page 157 of 176 newspaper. The RFP was also provided to the current contractor as well as a contractor providing service to municipalities in the Quinte region.

Discussion Prior to closing on July 29, 2016 at 4:00 p.m., four (4) submissions were received:

Name of Firm Total Annual Cost (excluding HST) Pierce Animal Control Ltd. $131,115.00 D&S Municipal Dog Control $ 81,600.00 MJA Enterprise $ 81,600.00 Frontenac Municipal Law Enforcement $ 59,877.00 Inc.

Submissions were opened by the General Manager-Community & Corporate Services and the By-law Enforcement Officer on July 29, 2016 after 4:00 p.m.

On August 8, 2016, the General Manager-Community & Corporate Services, By-law Enforcement Officer and the Clerk reviewed the proposals. Of the four submissions, two proposals were considered complete with respect to the terms of the RFP.

On August 9, 2016, the Clerk and By-law Enforcement Officer met with the President and the Senior Officer from Frontenac Municipal Law Enforcement to review their proposal. Given the price of the $131,115.00 quoted from Pierce Animal Control Ltd. be more than twice the Town’s budget for dog control service, the company was not invited for an interview.

Each submission was evaluated to determine the degree to which it responded to the requirements as set out in the RFP. Criteria Pierce Animal Control Ltd. Frontenac Municipal Law Enforcement Inc. Scope and 23 25 Approach (25) Ability, Knowledge 25 25 and Experience (25) Budget (20) 5 20 References (10) 10 10 Quality of Proposal 5 4 (5) TOTAL (85): 68 84

Overall, staff are satisfied with the service provided by FMLE. Reporting includes more detail and requests for patrols in problem areas have been responded to in a timely manner. Upon acceptance of the proposal, Town staff and FMLE will be meeting on a monthly basis to improve communication and to review monthly statistics. Staff are therefore recommending that Frontenac Municipal Law Enforcement Inc. be contracted by the Town for another five year term for the provision of dog control service.

Community & Corporate Services - Dog Control Service Request... Page 158 of 176 THE CORPORATION OF THE TOWN OF GREATER NAPANEE

BY-LAW NO. 2016-0040

A BY-LAW TO PROVIDE THAT SUBSECTION 50(5) OF THE PLANNING ACT, R.S.O. 1990, CHAPTER P.13 AS AMENDED DOES NOT APPLY TO CERTAIN LANDS WITHIN THE TOWN OF GREATER NAPANEE.

WHEREAS Section 50(5) of the Planning Act (R.S.O. 1990, c.P.13 as amended) provides that no owner shall convey part of any lot within a Plan of Subdivision registered before or after the coming into force of Section 50(5);

AND WHEREAS Section 50(7) of the Planning Act (R.S.O. 1990, c.P.13 as amended), provides that the Council of the Municipality may, by by-law, provide that Section 50(5) does not apply to the land that is within a registered plan or plans of subdivision or parts thereof;

AND WHEREAS TURGAL (1988) INC. has requested an exemption from Part Lot Control for Lots 19 and 21, Registered Plan 29M-6 being along Kanvers Way as shown on Registered Plan 29M-6;

AND WHEREAS approval of this by-law under Section 50(7.1) of the Planning Act is not required because Council is authorized to approve plans of subdivision under Section 51 of the Planning Act;

NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows:

1. That Subsection (5) of Section 50 of the Planning Act R.S.O. 1990, c.P.13 as amended, does not apply to Lots 19 and 21 of Registered Plan 29M-6, on the condition that no person shall convey a part of any such lot by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of a part of any such lot, or mortgage or charge a part of any such lot, or enter into an agreement of sale and purchase of a part of any such lot, or enter into any agreement that has the effect of granting the use of or right in a part of any such lot directly or by entitlement to renewal for a period of twenty-one years or more unless the description of the lands that includes such part in the conveyance, transfer, grant, assignment or exercise of power of appointment is the same as one of the approved descriptions set out in Schedule "A" to this by-law and which forms a part hereof.

2. That this by-law shall come into force and take effect when a certified copy has been registered at the Land Registry Office (No. 29) in the County of Lennox & Addington.

By-law No. 2016-0040 - To Remove Part Lot Control on Lots 19... Page 159 of 176

Town of Greater Napanee By-law No. 2016-0040 Page 2 of 3

3. That this by-law shall lapse on February 16, 2017.

Read a first time this 16th day of August, 2016.

Read a second time and finally passed this 16th day of August, 2016.

The Corporation of the Town of Greater Napanee

______Gordon Schermerhorn, Mayor

______Susan Beckel, Clerk

By-law No. 2016-0040 - To Remove Part Lot Control on Lots 19... Page 160 of 176

Town of Greater Napanee By-law No. 2016-0040 Page 3 of 3

SCHEDULE ‘A’

TO BY-LAW NO. 2016-0040

Legal Description

REGISTERED PLAN 29M-6 SURVEY PLAN AND APPROVED DESCRIPTION DESCRIPTION Part of Lot 19, of Parts 1 and 2, of 29R-10301 Registered Plan 29M-6

Part of Lot 19, of Part 3, of 29R-10301 Registered Plan 29M-6

Part of Lot 21, of Part 6, of 29R-10301 Registered Plan 29M-6

Part of Lot 21, of Parts 7 and 8, of 29R-10301 Registered Plan 29M-6

By-law No. 2016-0040 - To Remove Part Lot Control on Lots 19... Page 161 of 176

THE CORPORATION OF THE TOWN OF GREATER NAPANEE OFFICIAL PLAN AMENDMENT NO. 34

310 Bridge Street West Part of Lots 17 and 18, Concession 1 Geographic Township of Richmond Town of Greater Napanee

By-law No. 2016-0041 - Official Plan Amendment No. 34 - 310 ... Page 162 of 176 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NO. 2016-0041

The Council of the Corporation of the Town of Greater Napanee in accordance with provisions of the Planning Act (R.S.O. 1990, c.P.13) hereby enacts as follows:

1. Amendment Number 34 to the Official Plan for the Town of Greater Napanee, consisting of the attached explanatory text and Schedules are hereby adopted.

2. This by-law shall come into force and take effect on the day after the last day for filing a notice of appeal provided no notice of appeal is filed in accordance with the provisions of Section 17 of the Planning Act.

Read a first time this 16th day of August, 2016.

Read a second time and finally passed this 16th day of August, 2016.

______Gordon Schermerhorn, Mayor

______Susan Beckel, Clerk

By-law No. 2016-0041 - Official Plan Amendment No. 34 - 310 ... Page 163 of 176 AMENDMENT NUMBER 34 TO THE OFFICIAL PLAN OF THE TOWN OF GREATER NAPANEE

1. TITLE The following constitutes Amendment Number 34 to the Official Plan of the Town of Greater Napanee.

2. PURPOSE OF THE AMENDMENT The purpose of this amendment is to amend ‘Major Institutional Specific Policy Area 1’ to permit additional uses on the subject lands.

3. LOCATION OF THE LANDS AFFECTED The subject lands are located in Part of Lots 17 and 18, Concession 1, geographic Township of Richmond, more particularly described as Parts 1 and 2 on Reference Plan No. 29R-8626. The property is municipally recognized as 310 Bridge Street West

4. BASIS OF THE AMENDMENT Applications were received from Robert Paul and Bob Vrooman on behalf of the Lennox and Addington County General Hospital Foundation to amend the existing site-specific designation of the property at 310 Bridges Street West to expand the permitted uses to also include certain residential uses, as well as a variety of commercial uses, including business, professional, administrative offices, eating establishments, and other commercial uses.

The site is designated ‘Major Institutional Specific Policy Area One (1)’ in the Town of Greater Napanee Official Plan as per Official Plan Amendment No. 12, which permits major institutional uses as outlined in Section 4.6.2.2 of the Official Plan, as well as a seniors residential complex, medical offices, fitness centre and accessory uses such as a coffee shop, a pharmacy, and a personal service shop. An Official Plan Amendment is required in order to expand the permitted uses on the subject lands.

5. DETAILS OF THE AMENDMENT The Official Plan to the Town of Greater Napanee is hereby modified by amending the existing site-specific designation of the subject property, as found in 4.6.2.3.1 (‘Major Institutional Specific Policy Area One (1)’), to allow the following additional uses (indicated in bold text):

 “Seniors Residential Complex, medical offices, fitness centre and accessory uses such as a coffee shop, a pharmacy, and a personal service shop. Additional stand- alone commercial uses are also permitted, and will include uses such as offices, eating establishments, travel plazas, and a limited range of retail, all of which will be specifically identified through the implementing zoning. Residential uses, including accessory dwelling units, apartment dwelling units, and retirement homes, are also permitted.”

6. IMPLEMENTATION AND INTERPRETATION The changes to the Official Plan described in this Amendment shall be implemented and interpreted in accordance with the implementation and interpretation policies of the Official Plan as described in Part 9 thereof.

By-law No. 2016-0041 - Official Plan Amendment No. 34 - 310 ... Page 164 of 176

The Corporation of the Town of Greater Napanee By-Law No. 2016-0042 Being A Zoning By-Law Amendment To By-Law No. 02-22

310 Bridge Street West Part of Lots 17 and 18, Concession 1, Geographic Township of Richmond Town of Greater Napanee

Prepared by:

IBI GROUP

650 Dalton Avenue Kingston, Ontario K7M 8N7

Project No.101860

By-law No. 2016-0042 - To Amend Zoning By-law No. 02-22 as a... Page 165 of 176 THE CORPORATION OF THE TOWN OF GREATER NAPANEE

EXPLANATORY NOTE

TO BY-LAW NUMBER 2016-0042

PURPOSE OF THE ZONING BY-LAW AMENDMENT

Applications were received from Robert Paul and Bob Vrooman on behalf of the Lennox and Addington County General Hospital Foundation to amend the designation and zoning of the property at 310 Bridge Street West to expand the permitted uses to include business, professional, and administrative offices, eating establishments, and a variety of other commercial uses.

The site is designated ‘Major Institutional Specific Policy Area One (1)’ as per Official Plan Amendment No. 12 of the Town of Greater Napanee Official Plan. This designation permits major institutional uses as outlined in Section 4.6.2.2 of the Official Plan, as well as a seniors’ residential complex, medical offices, fitness centre and accessory uses such as a coffee shop, a pharmacy, and a personal service shop. The site is in the Community Facility Exception Two (CF-2) Zone in Zoning By-law 02-22, in which uses permitted include: uses permitted in the Community Facility (CF) Zone, fitness centre, medical office, retirement home, senior citizen housing complex, residential care facility and accessory uses such as a coffee shop, a pharmacy, and personal service shop. An Official Plan Amendment and Zoning By-law Amendment are required to allow the proposed additional uses on the subject lands.

EFFECT OF THE BY-LAW REQUEST

The Official Plan Amendment and Zoning By-law Amendment will permit additional uses on the site including certain residential uses and commercial uses such as business, professional, and administrative offices, eating establishments, and a variety of other commercial uses.

LOCATION OF PROPERTY

The subject lands are located in Part of Lots 17 and 18, Concession 1, geographic Township of Richmond, more particularly described as Parts 1 and 2 on Reference Plan No. 29R-8626. The property is municipally recognized as 310 Bridge Street West (see key map).

By-law No. 2016-0042 - To Amend Zoning By-law No. 02-22 as a... Page 166 of 176 THE CORPORATION OF THE TOWN OF GREATER NAPANEE

BY-LAW NUMBER 2016-0042

BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER 02-22

WHEREAS the Council of the Corporation of the Town of Greater Napanee received a request to amend Zoning By-law No. 02-22 to rezone certain lands to permit a number of commercial uses and residential uses in addition to the existing permitted uses;

AND WHEREAS the Council of the Corporation of the Town of Greater Napanee deems it advisable to amend Zoning By-law No. 02-22, as amended;

AND WHEREAS it is necessary to amend By-law 02-22 by further amending the site-specific Community Facility Exception Two (CF-2) Zone;

NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows:

1. Schedule 12, as amended, is hereby further amended by the application of a Holding ‘-H’ symbol to the lands zoned CF-2, as shown on Schedule ‘A’ attached hereto and forming part of this amending by-law;

2. Section 5.18.5.2 Community Facility Exception Two (CF-2) Zone is hereby amended to read as follows:

Notwithstanding the Provisions of Section 4 and 5 to the contrary, within the CF-2 zone the following provisions apply:

Uses Permitted: a) Residential Uses:  Uses permitted in the Community Facility (CF) Zone  Apartment dwelling unit(s)  Dwelling unit(s) not accessory to the non-residential use  Residential Care Facility  Group Home  Retirement Home  Senior Citizen’s Housing Complex

b) Non Residential Uses:  Uses permitted in the Community Facility (CF) Zone  Bakery or bake shop  Bank or financial establishment  Brewing and/or wine making establishment  Business, professional or administrative office  Coffee Shop  Dental Clinic  Drug Store  Eating Establishment  Eating Establishment, drive-through  Fitness Centre

By-law No. 2016-0042 - To Amend Zoning By-law No. 02-22 as a... Page 167 of 176  Liquor Control Board Outlet  Liquor Licensed premises  Medical office  Mixed commercial/residential development  Outdoor café  Personal service shop  Pharmacy  Place of entertainment  Retail establishment  Tavern  Travel plaza

c) Provisions The CF-2 uses are subject to the following provisions: i. Dwelling Unit Size – In accordance with Section 5.18.2.2 of the By-law ii. Yards (Minimum) Front……………………………………………………………….10 metres Interior Side………………………………………………………5.8 metres Rear Yard…………………………………………………………7.5 metres

d) ‘H’ Holding Zone Provisions:

i. The ‘H’ Holding provisions applies to the following uses:

 Bank or financial establishment  Brewing and/or wine making establishment  Drug Store  Eating Establishment  Eating Establishment, drive-through  Liquor Control Board Outlet  Liquor Licensed premises  Place of entertainment  Retail establishment  Tavern  Travel plaza

ii. The ‘H’ Holding provision may be removed to permit any one or combination of the above uses once a supportive noise analysis and/or traffic analysis examining the appropriateness of such uses on the subject property is provided, to the satisfaction of the Town; and

3. This By-law shall come into force and take effect on its date of passing, subject to  the provisions of subsections 34(30) and (31) of the Planning Act, R.S.O. 1990, c.P.13, as amended, in the event a notice of appeal of this by-law is filed in accordance with subsection 34(19) of the Act, and  not until Official Plan Amendment No. 34 to the Town of Greater Napanee Official Plan has come into effect.

By-law No. 2016-0042 - To Amend Zoning By-law No. 02-22 as a... Page 168 of 176 Read a first time this 16th day of August, 2016.

Read a second time and passed this 16th day of August, 2016.

Gordon Schermerhorn, Mayor

______Susan Beckel, Clerk

By-law No. 2016-0042 - To Amend Zoning By-law No. 02-22 as a... Page 169 of 176 TOWN OF GREATER NAPANEE

SCHEDULE ‘A’ BY-LAW NUMBER 2016-0042

BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER 02-22

By-law No. 2016-0042 - To Amend Zoning By-law No. 02-22 as a... Page 170 of 176

THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NO. 2016-0043 BEING A ZONING BY-LAW AMENDMENT TO BY-LAW NO. 02-22

824 Palace Road Lots 24, 25, and 26, Concession 7 Geographic Township of North Fredericksburgh Town of Greater Napanee

Prepared by:

IBI GROUP

650 Dalton Avenue Kingston, Ontario K7M 8N7

Project No.101859

By-law No. 2016-0043 - To Amend Zoning By-law No. 02-22 as a... Page 171 of 176 TOWN OF GREATER NAPANEE

EXPLANATORY NOTE

TO BY-LAW NUMBER 2016-0043

PURPOSE OF THE ZONING BY-LAW AMENDMENT

The site is designated ‘Arterial Commercial’, ‘Fringe Area’ and ‘Environmentally Sensitive’ in the Town of Greater Napanee Official Plan and is zoned Arterial Commercial Exception Seven (C2-7-H), Rural (RU) and Environmental Protection (EP) in Zoning By-law 02-22. The permitted uses in the Arterial Commercial designation relate to the buying and selling of goods and services, such as retail facilities, eating establishments, studios, among others, and the location of offices. No changes to the lands designated ‘Fringe Area’ and ‘Environmentally Sensitive’ are proposed. The C2-7 zone restricts uses to: antique sales establishment, eating establishment, garden centre, hotel, motor hotel, museum, outdoor café, petting zoo, parking lot, and retail uses. The rezoning application would amend the existing site-specific C2-7 zone to permit the requested additional commercial uses. The holding symbol on the subject lands permits development without the need to remove the ‘H’ for uses listed in the C2-7 zone except for: a hotel or motor hotel; a garden centre; and a museum. No changes to the Rural and Environmental Protection zones are proposed.

EFFECT OF THE BY-LAW REQUEST

LOCATION OF PROPERTY

By-law No. 2016-0043 - To Amend Zoning By-law No. 02-22 as a... Page 172 of 176 TOWN OF GREATER NAPANEE

BY-LAW NUMBER 2016-0043

BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER 02-22

AND WHEREAS the Council of the Corporation of the Town of Greater Napanee deems it advisable to amend Zoning By-law No. 02-22, as amended;

AND WHEREAS it is necessary to amend By-law 02-22 by amending the site-specific Arterial Commercial (C2-7) Zone;

NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows:

1. Section 5.21.7.7 Arterial Commercial Exception Seven (C2-7) Zone is hereby amended to read as follows:

Notwithstanding the Provisions of Section 4 and 5 to the contrary, within the C2-7 zone the following provisions apply:

a) Uses Permitted:  Antique sales establishment  Eating establishment  Garden centre  Hotel, motor hotel  Museum  Petting zoo  Parking lot  Retail uses  Fitness centre  Assembly hall  Medical or dental clinic  Business, professional or administrative offices

b) Provisions i) Retail establishments gross leasable area, inclusive of the garden centre and antique sale establishment (maximum)………………………...2050 square metres

c) Uses exempted from the ‘H’ Provisions: The following uses within the C2-7-H zone can be developed without the need to remove the ‘H’:

Uses listed in the C2-7 zone except for: i) A hotel or motor hotel ii) A garden centre iii) A museum

By-law No. 2016-0043 - To Amend Zoning By-law No. 02-22 as a... Page 173 of 176 Town of Greater Napanee By-law No. 2016-0043 Page 2 of 3 ______

2. This By-law shall come into force and take effect on its date of passing, subject to  the provisions of subsections 34(30) and (31) of the Planning Act, R.S.O. 1990, c.P.13, as amended, in the event a notice of appeal of this by-law is filed in accordance with subsection 34(19) of the Act.

Read a first time this 16th day of August, 2016.

Read a second time and passed this 16th day of August, 2016.

Gordon Schermerhorn, Mayor

______Susan Beckel, Clerk

By-law No. 2016-0043 - To Amend Zoning By-law No. 02-22 as a... Page 174 of 176 Town of Greater Napanee By-law No. 2016-0043 Page 2 of 3 ______

By-law No. 2016-0043 - To Amend Zoning By-law No. 02-22 as a... Page 175 of 176 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NO. 2016-0044

Being a By-Law to Confirm the Proceedings of the Council of The Corporation of the Town of Greater Napanee at its Regular Session held on August 16, 2016

WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the “Municipal Act, 2001”), gives Council the authority to exercise the powers of the municipal corporation and requires that the powers of every Council are to be exercised by by-law;

AND WHEREAS Council has passed By-law No. 08-01, being a By-law to Govern the Calling, Place and Proceedings of Council and Committees of Council and the Conduct of its Members;

AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Greater Napanee at this meeting be confirmed and adopted by by-law;

NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows:

1. That the actions of the Council of the Corporation of the Town of Greater Napanee, at its Regular Session held on August 16, 2016 in respect of each motion and resolution passed and other actions taken by the Council of the Town of Greater Napanee at this meeting, are hereby adopted and confirmed, as if all such proceedings were expressly embodied in this by-law.

2. That the proper officials of the Town of Greater Napanee are hereby authorized and directed to do all things necessary to give effect to the actions of the Council of the Town of Greater Napanee, referred to in the preceding section.

3. That the Mayor, or in the absence of the Mayor, the Deputy Mayor and the Clerk, or in the absence of the Clerk, the Deputy Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of the Town of Greater Napanee.

4. That this by-law shall come into force and take effect on the day of its final passing.

Read a first and second time and finally passed this 16th day of August, 2016.

______Gordon Schermerhorn, Mayor

Susan Beckel, Clerk

By-law No. 2016-0044 - A By-law to Confirm the Proceedings o... Page 176 of 176