Planning and Development

THE CORPORATION OF THE COUNTY OF HASTINGS Planning and Development

AGENDA

9:30 AM, Tuesday, September 15, 2020

Council Chambers & Zoom

The Minutes as prepared by the Clerk will be the official record of the meeting HASTINGS COUNTY VISION STATEMENT People and businesses thrive in Hastings County because of its support for individuals and families, strong communities, its natural beauty, and respect for its history and traditions.

Page

. Call to Order . Disclosure of Interest . (a) Disclosure of Interest at the September 15, 2020 meeting . Land Division Business . (a) Correspondence for the September 15, 2020 meeting - none . 3 - 16 (b) Hearing List for the September 15, 2020 meeting

. 17 (c) Uncontested Items Provisionally Approved by the Director of Planning for the September 15, 2020 meeting.

. Petitions & Delegations . Review of Minutes . 19 - 23 (a) Review of the Minutes of the August 25, 2020 meeting

. Business Arising from the Minutes . Account Vouchers and Year to Date Expenditure Report . 25 - 31 (a) Review of the Year to Date Expenditure Report dated to July 31, 2020 and Cheque Register dated from August 14 to August 19, 2020

. Communications . 1. Information Correspondence . 33 - 34 (a) Acknowledgement Letter for LPAT (Local Planning Appeal Tribunal) file PL200267 (126 Cooper Rd) – letter dated August 13, 2020

Page 1 of 79 35 - 40 (b) Resuming aggregate application timelines and public consultation under the Aggregate Resources Act (ARA) – letter dated August 19, 2020 and Ministry of Natural Resources and Forestry Bulletin received August 19, 2020

. 41 - 48 (c) Bay of Quinte Remedial Action Plan “WaterLogs” – August 2020

. 49 (d) Proposed Updates to Technical Rules for Source Protection under the Clean Water Act

. 2. Action Correspondence and Recommendation to County Council . Economic Development Business . Planning/E9-1-1 Business . 51 - 56 (a) Access Agreement - Hastings Heritage Trail

. 57 - 62 (b) Plan of Subdivision File No. 12T-2006-01 (Danford) - Final Approval of Phase 1

. 63 - 78 (c) Draft Official Plan Amendment No. 2

. Notice of Zoning By-Laws . 79 (a) Zoning By-Laws for the September 15, 2020 meeting

. Health and Safety . Other Business . Next Meeting . (a) Date of next meeting - October 20, 2020 . Adjournment . (a) Adjournment of the September 15, 2020 meeting

Page 2 of 79 Hearing List for the September 15, 2020 meeting

TO BE HEARD September 15, 2020

APPLICATIONS SCHEDULED TO BE HEARD BY THE HASTINGS COUNTY PLANNING ADVISORY AND LAND DIVISION COMMITTEE

Plan or Proposed Use File No. Applicant Lot Concession Municipality

B37/20 KEELER, Jesse 26 & 27 4 Marmora & Lake Residential (Marmora)

Page 3 of 79 Page 4 of 79 File Nos.: B37/20

HASTINGS COUNTY CONSENT STAFF REPORT

Owner/Agent: KEELER, Jesse (Owner), PARSONS, Julie (Agent) Civic Address: 588 Twin Sister Lakes Road Legal Description: Part of Lot 26, Concession 4, Municipality of Marmora & Lake (Marmora) Severed Lot Frontage: 441.3m (1448.0ft) Twin Sister Lakes Road Area: 8.1ha (20.0ac) Retained Lot Frontage: 283.4m(929.8ft) Twin Sister Lakes Road Area: 27.4ha (67.8ac) Official Plan Rural, Environmental Protection, & Deer Wintering Area (Stratum II) Existing Zoning Marginal Agriculture (MA) Zone, Environmental Protection (EP) Zone Previous Consents 192/94 (New Lot) Type of Consent New Lot (X) Lot Addition ( ) Other:

PART I - Preliminary Staff Recommendation (Prior to receiving Public Meeting input):

THAT subject to the conditions outlined below, Consent File No. B37/20 (KEELER, Jesse (Owner), PARSONS, Julie (Agent)) for lands located Part of Lot 26, Concession 4, Municipality of Marmora & Lake (Marmora), BE APPROVED.

PART II - Recommended Consent Conditions for File No. B37/20 (if approved):

(1) In accordance with Section 53(42) of the Planning Act, 1990, a paper copy of the registered Reference Plan (survey), current Parcel Register(s) for the subject lands, and signed Acknowledgment and Direction with the Transfer (Deed) and Schedule page attached be presented to the Land Division Office in order that the consent stamp of approval of the Committee may be affixed thereto.

(2) An Ontario Land Surveyor shall submit a digital copy of the registered Reference Plan (survey) in both PDF and AutoCAD format by email to the County of Hasting’s Land Division Secretary, Liz Westerhof ([email protected]). Please quote the Land Division File Number (B37/20) and Reference Plan (survey) registration number upon submission.

(3) An Ontario Land Surveyor shall submit a paper copy, and a digital copy of the registered Reference Plan (survey) in PDF format to the Municipality of Marmora and Lake. Please quote the Land Division File Number (B37/20) and Reference Plan (survey) registration number upon submission.

(4) Confirmation be received from the Municipality of Marmora and Lake that all realty taxes have been paid in full.

(5) Proof be lodged with the Land Division Office from the Municipality of Marmora and Lake that a safe site entrance can be or has been established for each severed and retained parcel to the satisfaction of the Public Works Superintendent.

Note: The landowner is advised of the applicability of Ontario Regulation 159/06 – Crowe Valley Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shoreline and Watercourses. At the time of development, the CVCA will require: 1) That all-new development be located a minimum of 30 metres from the boundary of the wetlands; 2) Access to the interior of the proposed retained lot (Lot 98) will be restricted due to the identified EP lands; 3) That no new access routes are proposed within the wetlands; 4) That a site review demonstrates: a. The hydrologic function of the wetland will not be negatively impacted.

Hearing List for the September 15, 2020 meeting Page 5 of 79 File Nos.: B37/20

b. Impervious areas are minimized. 5) Demonstration that the overall existing drainage patterns for the lot will be maintained; 6) Disturbed areas and soil compaction are minimized; 7) That development be located above the high water table; 8) Natural features and/or ecological functions associated with the conservation of land are protected; 9) Best Management Practices are used to: a. Maintain water balance. b. Control erosion and sediment. c. Maintain the vegetative buffer surrounding the wetlands and, 10) The plan has been carried out by a qualified professional with recognized expertise in the appropriate discipline.

Note: In the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alterations, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism, Culture and Sport must be immediately contacted. In the event that human remains are encountered, all work must immediately cease and the site must be secured. The Ontario Provincial Policy, the Registrar of Cemeteries Regulation Section of the Ontario Ministry of Consumer Business Services, and the Cultural Program Branch of the Ministry of Tourism, Culture and Sport must be immediately contacted.

PART III - Agency & Public Comments Received: Municipality of Marmora & Lake: Recommended approval subject to condition nos. 4 & 5.

Crowe Valley Conservation Authority: Crowe Valley Conservation confirmed no concerns via letter dated July 13, 2020 (see Notes).

Public Comments: One letter of concern was received that is addressed below (see Other).

PART IV Planning Review:

Purpose/Description of Application: This application is a resubmission of lapsed Consent File no. B30/18, which lapsed due to Condition nos. 4, 6, & 7 being unfulfilled. Condition no. 4 required that all reality taxes were to be paid in full. Conditions nos. 6 & 7 required that a Site Assessment for Species at Risk be completed and that all approvals from the Ministry of Natural Resources and Forestry be received if at risk species or their habitat was found. The previous Condition no. 4 has been requested for this application whereas previous Condition nos. 6 & 7 were not requested based on updated comments received from the Ministry of Environment, Conservation and Parks (see Other).

The subject lands are located east of Twin Sister Lakes Road and are characterized by a mix of open fields, forested areas, and wetlands. The applicant proposes a new irregularly shaped lot that would have an area of approximately 8.1 hectares (20.0 acres) with an approximate frontage of 441.3 metres (1448.0 feet) on Twin Sister Lakes Road. The proposed retained lands are proposed to have an area of approximately 27.4 hectares (67.8 acres) with approximately 283.4 metres (959.8 feet) frontage on Twin Sister Lakes Road. The proposed severed and retained lands are both vacant. The owner of the subject lands also owns the lot adjacent to the north, which may have merged on title with the subject lands to form one property. If the properties have merged into one single property, the proposed severance will not be impacted.

Planning Act: The application for consent is complete. The proposed application satisfies the criteria of Section 53 of the Planning Act. Specifically, regard has been given for provisions outlined in Section 51 (24) of the Planning Act.

Hastings County–16 September 2020 2 Hearing List for the September 15, 2020 meeting Page 6 of 79 File Nos.: B37/20

Provincial Policy Statement, 2020: The subject lands are located in a Rural Area as defined in Section 1.1.4 in the Provincial Policy Statement, 2020 (PPS). Sections 1.1.4 Rural Areas in Municipalities and 1.1.5 Rural Lands in Municipalities guide rural development. Specially, Policy 1.1.5.1 c) supports locally appropriate development in rural areas if it can be supported by appropriate infrastructure; one lot may be considered locally appropriate.

It appears based upon review that this application is consistent with the Provincial Policy Statement (PPS) subject to the conditions outlined in this report.

Official Plan Conformity: The subject lands are designated Rural/Waterfront, Environmental Protection, and Deer Wintering Area (Stratum II) in the Hastings County Official Plan.

The consent policies under the Rural/Waterfront designation permit a maximum of two severances from a parcel that existed as of December 31, 1998. Once built out, the same parcel can permit one additional severance. This application appears to conform to Section 6.3.1.4 of the Official Plan in terms of the maximum number of severances allowed from an original land holding.

Development within the Rural/Waterfront designation must comply with the Minimum Distance Separation I (MDS1) Formulae. There appears to be a livestock facility on the lot adjacent to the subject lands. The MDS1 calculation was performed and the proposed severed lot appears to be outside of the required estimated setback.

The subject lands are identified as Deer Wintering Area (Stratum II) on Schedule OP-B of the Official Plan, which is considered Significant Wildlife Habitat (Section 4.3.3.10). According to the Significant Wildlife Habitat Technical Guide, deer wintering areas contain “…a core area of mainly coniferous trees (pines, hemlock, cedar, spruce) with a canopy cover of more than 60%” (Ministry of Natural Resources and Forestry, 2000). Staff have conducted a site visit to the subject lands and there appears to be an area adjacent to the road that is currently an open field, although it does appear that majority of the area of the rear of the retained lands is densely forested, partially with coniferous species. Based on comments received from the Crowe Valley Conservation Authority, the development area is limited to the area closest to the road due to the presence of wetlands on the remainder of the property. As such, negative impacts to the any Deer Wintering Area would be mitigated.

The application appears to conform to the Hastings County Official Plan, subject to the conditions outlined in this report.

Zoning Conformity & Compliance: The subject lands are zoned the Marginal Agriculture (MA) Zone and the Environmental Protection (EP) Zone. The proposed severed and retained lands will continue to comply with the requirements of the Marginal Agriculture (MA) Zone and thus rezoning is not required.

Other: One letter of concern from Ms. Bonnie Danes, the owner of 390 Twin Sister Lakes Road, was received on June 28th, 2020. The letter highlighted three concerns being the number of severances that have occurred on an adjacent property, the effect of agricultural uses on the proposed severed lot upon the natural environment, and the effect of the proposed severance on species at risk, notably the Blanding’s Turtle, which the objector has observed on the lot.

Based on County of Hasting’s records dating to 1970, the subject lands have been subject to one completed consent application (B192/94) and one lapsed consent application (B30/18). As such, the original land holding will not be fragmented as a result of this application. Furthermore, the proposed lot is approximately 8.1

Hastings County–16 September 2020 3 Hearing List for the September 15, 2020 meeting Page 7 of 79 File Nos.: B37/20

hectares (20 acres) in size and will not contribute to expanding the existing small residential cluster of lots within the area.

In regards to concerns that agricultural uses on the proposed severed lot will have a negative effect upon the natural environment, planning staff suggest that the potential exists presently, given that the current zoning of the subject lands will remain in place and the potential for agricultural uses will not be exacerbated the proposed severance. Furthermore, if agricultural uses were to substantially increase in scale, such uses may be subject to requirements under the Nutrient Management Act, which seeks to reduce the impact of agricultural nutrient sources upon the natural environment.

Issues related to species at risk were addressed through the previous consent application, however, planning staff consulted with the Ministry of Environment, Conservation and Parks regarding the proposed severance’s impact on species at risk, such as the Blanding’s Turtle. In an email dated August 18th, Ministry staff confirmed that the existing development agreement that is registered on title, which was completed as of Condition no. 8 of Lapsed Consent File no. B30/18, was sufficient to ensure that species at risk will be protected during the development of the proposed severed lands and that further habitat assessment is not required.

Having considered the concerns put forth by the concerned party, planning staff believe the concerns have been adequately addressed and planning staff maintain the opinion that the proposed development is appropriate.

Summary: Subject to the recommended conditions, this application for a new lot is considered to be consistent with the PPS, is in conformity with the County of Hastings Official Plan, and represents good land use planning.

Respectfully Submitted by:

______Emily Galloway, Planner Date: 16 September 2020

Director’s Concurrence:

______Justin Harrow, Director of Planning and Development

Attached: 1. Severance Sketch 2. Letter of concern from Ms. Bonnie Danes 3. Correspondence with Ministry of Environment, Conservation and Parks

Hastings County–16 September 2020 4 Hearing List for the September 15, 2020 meeting Page 8 of 79 Hearing List for the September 15, 2020 meeting Page 9 of 79 Page 10 of 79 Hearing List for the September 15, 2020 meeting Page 11 of 79 Hearing List for the September 15, 2020 meeting Page 12 of 79 <

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UNCONTESTED CONSENTS PROVISIONALLY APPROVED BY DIRECTOR OF PLANNING FROM August 14/20 – September 3/20 ______

Approval Lot Plan or Municipality Proposed Use File No. Applicant Date Concession

B39/20 Hospice North Hastings August 17/20 LT 28, 21; PLAN 411 Bancroft Residential/ No Change PT LT 27

B123/19 LEONARD, Gerald & Valerie August 31/20 PT LTS 17 CON 10 Tweed (Elzevir) Residential & 18

B124/19 LEONARD, Gerald & Valerie August 31/20 PT LTS 17 CON 10 Tweed (Elzevir) Residential & 18

Page 17 of 79

Page 18 of 79 THE CORPORATION OF THE COUNTY OF HASTINGS PLANNING AND DEVELOPMENT COMMITTEE County Administration Building Belleville, Ontario, August 25, 2020

A meeting of the Hastings County Planning & Development Committee was held with the following members present: Warden Rick Phillips, Councillors Paul Jenkins, Bonnie Adams, Tom Deline, Dan Johnston, Dennis Purcell, Vic Bodnar, Carl Stefanski, Loyde Blackburn, Jan O'Neill, Bob Mullin, Libby Clarke, Jo-Anne Albert and Barbara Shaw. Also in attendance were Justin Harrow, Director of Planning, Jason Budd, Senior Planner, Emily Galloway, Planner, Gib Garrett, Planner, Andrew Redden, Economic Development Manager, Kasey Rogerson, Tourism Development Coordinator, Liz Westerhof, Land Division Secretary, Sue Bell, Deputy Treasurer, Jim Pine, CAO, Jim Duffin, Director of Facilities and Capital Infrastructure, Cathy Bradley, Clerk and Corporate Communications Officer, Allison Goodwin, Records Management Coordinator/Deputy Clerk and Sharon Christopher, Administrative Assistant.

Call to Order Disclosure of Interest (a) Disclosure of Interest at the August 25, 2020 meeting There was no disclosure of interest at the August 25, 2020 meeting.

Land Division Business (a) Correspondence for the August 25, 2020 meeting - none

(b) Hearing List for the August 25, 2020 meeting Public Hearing List for the August 25, 2020 meeting File No. B6/20 - Zhenkai Zhang (Narisu Huhe, Agent) Emily Galloway, Planner, reviewed the file for Committee advising of details of the Consent Application noting concerns had been received. Ms. Galloway advised that upon review of the Application concerns, and in consultation with other agencies, she has recommended the Application for approval.

Agent for the Applicant, Narisu Huhe spoke to concerns of the entrance location and advised that the owner will seek a safe entrance location.

Ms. Debbie Bailey spoke to concern with the entrance placement and of the loss of agricultural lands.

Mr. & Mrs. Jeffrey & Krista Thompson detailed their concern around the rural waterfront designation under the Official Plan versus the Zoning By-law on file at the local municipal level. Mr. Thompson also advised that he will follow up with the Ministry of Agriculture and stated his concern for the placement of the entrance. Mr. Thompson stressed his concern and opposition of the development of agricultural land.

Review of the Minutes of the August 25, 2020 meeting Page 19 of 79 Ms. Cheryl Fagg spoke to her concern around placement of the driveway and her support of the agricultural community. Ms. Fagg also expressed her concern for the affect of the development would have on local water supply.

Moved by Councillor Jan O'Neill; Seconded by Warden Phillips; THAT subject to the conditions outlined below, Consent File No. B6/20 (ZHANG, Zhenkai (owner), HUHE, Narisu (agent) for lands legally described as Part of Lot 12, Concession 3, Municipality of Centre Hastings (Huntingdon), BE APPROVED. CARRIED

Moved by Councillor Paul Jenkins; Seconded by Councillor Jo-Anne Albert; THAT the Uncontested Items Provisionally Approved by the Director of Planning for the August 25, 2020 meeting be approved. CARRIED

Review of Minutes (a) Review of the Minutes of the June 16, 2020 meeting

Moved by Councillor Paul Jenkins; Seconded by Councillor Bob Mullin; THAT the Minutes of the June 16, 2020 meeting be approved. CARRIED

Business Arising from the Minutes Account Vouchers and Year to Date Expenditure Report (a) Review of the Year to Date Expenditure Report dated to July 30, 2020 and Cheque Register dated from June 11 to July 31, 2020

Moved by Councillor Loyde Blackburn; Seconded by Councillor Carl Stefanski; THAT the Year to Date Expenditure Report dated to July 30, 2020 and Cheque Register dated from June 11 to July 31, 2020 be approved. CARRIED

Communications 1. Information Correspondence (a) Eastern Ontario Trails Alliance Board Meetings – Minutes from Thursday May 14th, 2020 and Thursday June 11th, 2020

(b) Notice of Extension to Draft Approval of Plan of Subdivision Hastings County File No.

Review of the Minutes of the August 25, 2020 meeting Page 20 of 79 12T10-001 “Wells Ryell Homes” Township of Stirling-Rawdon – Director of Planning and Development’s letter dated June 26, 2020

(c) Moving Towards a More digital-focused Service Model for Land Registration Services – Director of Titles for the Province of Ontario’s letter dated July 6, 2020

(d) Local Planning Appeal Tribunal - Fee Increases on July 1, 2020 - news article dated June 22, 2020

(e) Local Planning Appeal Tribunal – Case No. PL190351 “Tannahill v. Marmora and Lake” - Proceedings and Decision dated July 10, 2020

(f) Highway Traffic Act Amendments Related to Off Road Vehicles – Additional Off-road Vehicles Allowed On-road – Ministry of Transportation Safety Program Development Branch’s letter dated July 10, 2020

(g) Review of Long-Term Management Direction Algonquin Park Forest 2021 – 2031 Forest Management Plan – received July 30, 2020

(h) The Intelligencer “Feds hope to get more glasses clinking with investment” – article dated August 7, 2020

(i) Bay of Quinte Remedial Action Plan “WaterLogs” – June 2020 and July 2020

Moved by Councillor Jo-Anne Albert; Seconded by Councillor Paul Jenkins; THAT information correspondence items (a) through (i) be received. CARRIED

2. Action Correspondence and Recommendation to County Council (a) Township of Limerick Resolution regarding Septic Re-inspection Program

Moved by Councillor Bob Mullin; Seconded by Councillor Loyde Blackburn; THAT the Director of Planning and Development's staff report dated August 25, 2020 regarding the Township of Limerick's resolution regarding the Re-inspection programs for septic systems be received; and

THAT the Planning & Development Committee recommends to County Council that Resolution from the Township of Limerick be received. CARRIED

Economic Development Business (a) Funding Application of the Accommodation Audit

Review of the Minutes of the August 25, 2020 meeting Page 21 of 79 Moved by Councillor Barb Shaw; Seconded by Councillor Libby Clarke; THAT the Tourism Development Coordinator’s staff report dated August 25 2020 regarding an Agreement with Ontario’s Highlands Tourism Organization to provide funding to help complete a formal audit of roofed accommodations be received; and, THAT the Planning & Development Committee recommend to County Council that the Warden and Clerk be authorized to sign the attached Agreement with Ontario’s Highlands Tourism Organization to obtain partnership funding in the amount of $10,600 to help complete the accommodation audit. CARRIED

(b) Request for Letters of Support for Potter Settlement Winery

Moved by Councillor Vic Bodnar; Seconded by Councillor Carl Stefanski; THAT the Planning and Development Committee recommend County Council confirm the actions of the Warden in signing of the letters of support for Potter Settlement Wines. CARRIED

Planning/E9-1-1 Business (a) Part Lot Control By-law – Blk A Plan 270 – Municipality of Centre Hastings

Moved by Councillor Loyde Blackburn; Seconded by Councillor Bonnie Adams; THAT the Staff Report dated August 12, 2020 regarding an application for Exemption from Part Lot Control, legally described as Part of Block A on Plan 270 and Part of Park Street Plan 270 being Part 1 on Plan 21R-25185, BE RECEIVED; and THAT the Planning and Development Committee recommend to County Council that Part Lot Control By-law No. 2020-35, BE APPROVED pursuant to Section 50 (7.1) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended provided the Municipality of Centre Hastings has approved Part Lot Control By-law No. 2020-35. CARRIED

(b) Correction of Transfer for Road Widening

Moved by Councillor Jo-Anne Albert; Seconded by Councillor Dennis Purcell; THAT the Director of Planning and Development’s staff report dated August 25, 2020 regarding a correcting transfer for a road widening be received; and THAT the Planning & Development Committee recommend to County Council that it ratify the Warden and Clerk signing the transfer.

Review of the Minutes of the August 25, 2020 meeting Page 22 of 79 CARRIED

Moved by Councillor Bonnie Adams; Seconded by Councillor Dennis Purcell; THAT the Director of Planning and Development’s staff report dated August 25, 2020 regarding Cannabis production, be received; CARRIED

Notice of Zoning By-Laws (a) Zoning By-Laws for the August 25, 2020 meeting

Moved by Warden Phillips; Seconded by Councillor Loyde Blackburn; THAT the Zoning By-laws for the August 25, 2020 meeting be approved. CARRIED

Health and Safety Other Business Next Meeting (a) Date of next meeting - September 15, 2020

Adjournment (a) Adjournment of the August 25, 2020 meeting

Moved by Councillor Vic Bodnar; Seconded by Councillor Barb Shaw; THAT the August 25, 2020 meeting be adjourned. CARRIED

Chair Date

Review of the Minutes of the August 25, 2020 meeting Page 23 of 79 Page 24 of 79 Review of the Year to Date Expenditure Report dated to July 31, 2020 and... Page 25 of 79 Review of the Year to Date Expenditure Report dated to July 31, 2020 and... Page 26 of 79 Review of the Year to Date Expenditure Report dated to July 31, 2020 and... Page 27 of 79 Page 28 of 79 Review of the Year to Date Expenditure Report dated to July 31, 2020 and... Page 29 of 79 Review of the Year to Date Expenditure Report dated to July 31, 2020 and... Page 30 of 79 Review of the Year to Date Expenditure Report dated July 31, 2020 and...

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Environment and Land Tribunals Tribunaux de l’environnement et de Ontario l'aménagement du territoire Ontario Local Planning Appeal Tribunal Tribunal d’appel de l’aménagement local

655 Bay Street, Suite 1500 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Téléphone: (416) 212-6349 Toll Free: 1-866-448-2248 Sans Frais: 1-866-448-2248 Website: www.elto.gov.on.ca Site Web: www.elto.gov.on.ca

August 13, 2020

Via Email: [email protected]

Liz Westerholf Land Division Secretary Planning & Development County of Hastings 235 Pinnacle Street Postal Bag 4400, Belleville Hastings, ON K8N 3A9

Subject: Case Number: PL200267 File Number: PL200267 Related File Number(s): PL200268 Municipality: Township of Madoc Municipal Number: B17/20 & B18/20 Property Location: 126 Cooper Road Applicant/Appellant(s): Gerrard Forestell

The Local Planning Appeal Tribunal acknowledges receipt of the above referenced file. When communicating with the Tribunal please quote the Tribunal’s case and/or file number.

This file has been assigned to Brandon Stevens, Case Coordinator, Planner. For specific questions about this case, you may contact the Case Coordinator, Planner at (437) 223-7454 or [email protected].

According to the Local Planning Appeal Tribunal Rules of Practice and Procedure (“Rules”), the Tribunal has completed an administrative screening of the appeal(s).

A hearing event will be scheduled according to the next available date on the Tribunal’s calendar. Parties should be prepared to proceed at any time. For more information on

Assessment Review Board - Board of Negotiation - Conservation Review Board - Environmental Review Tribunal - Local Planning Appeal Tribunal Mining and Lands Tribunal - Niagara Escarpment Hearing Office - Office of Consolidated Hearings

Acknowledgement Letter for LPAT (Local Planning Appeal Tribunal) file PL... Page 33 of 79 the general conduct of the Tribunal, please see the LPAT Rules of Practice and procedure (https://elto.gov.on.ca/tribunals/lpat/legislation-and-rules/).

Once hearing event dates are set, adjournments are not granted except where compelling circumstances exist and with the consent of all parties and/or the approval of the Tribunal. Please see Rule 17 of the Rules with respect to adjournments.

We are committed to providing accessible services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have any accessibility needs, please contact our Accessibility Coordinator as soon as possible by emailing [email protected]. If you require documents in formats other than conventional print, or if you have specific accommodation needs, please let us know so we can make arrangements in advance.

For general information concerning the Tribunal, visit our website at www.elto.gov.on.ca or you may contact the Tribunal’s offices at (416) 212-6349. You may wish to obtain a copy of the Local Planning Appeal Tribunal appeal guide relevant to your situation. The guides will assist in the understanding of Tribunal matters and its processes. Publications are available on the Tribunal’s website or by calling the Tribunal’s offices.

Yours truly,

George Rayner Case Management Administrative Assistant

c.c. Justin Harrow, Director of Planning & Development, County of Hastings, Via Email Gerrard Forestell, Via Email

1.03 Acknowledgement Letter for LPAT (Local Planning Appeal Tribunal) file PL... Page 34 of 79 Resuming aggregate application timelines and public consultation under t... Page 35 of 79 Resuming aggregate application timelines and public consultation under t... Page 36 of 79 M of Natural Resources and Forestry Aggregate Resources Program Bulletin:

Resuming aggregate application timelines and public consultation under the Aggregate Resources Act (Post COVID-19)

Date Issued: August 2020

Last Date Reviewed: New Document

Applicable Policies, Procedures or Directives: Aggregate Resources of Ontario: Provincial Standards, Version 1.0

Purpose:

This document advises aggregate applicants, municipalities, Ministries, agencies, Indigenous communities, key stakeholders and the public that aggregate application and consultation processes will resume on September 12, 2020.

It also provides consistent direction about how timelines will resume and how consultation can be undertaken given any restrictions on public gatherings that were put in place to contain the spread of the COVID‑19 outbreak.

The Ministry is committed to resuming the timelines for applications in the notification and consultation stage so the process can continue.

Context:

• The time periods related to applications for new pits and quarries and for major site plan amendments are currently suspended between March 16, 2020 and September 11, 2020 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

• This direction to resume the aggregate application processes and associated consultation with the public modifies any existing ministry policy/procedure that deals with the same subject matter, e.g., public information sessions, wording on Form 1 (Notice of Application for a Licence) and Form 2 (Notice of Public Information Session) for any application that has been affected by the suspension of timelines.

Resuming aggregate application timelines and public consultation under t... Page 37 of 79

Prescribed time periods under the Aggregate Resources Act will resume on September 12th, 2020.

The following periods will resume, extended by the amount of time left in the prescribed time period prior to March 16th, 2020:

• Overall 2-year (licences) or 6-month (permits) period for new aggregate applications.

• 45-day (licences) or 20/30-day (permits) notification/consultation period. - It is within this phase applicants provide public notice, hold information sessions for licences and permits (if applicable) and provide the public, agencies and other stakeholders an opportunity to submit written notice of objections/concerns.

• 20-day (licences only) notice of objector response period, required to inquire whether objections have been resolved, and if not obtain objectors recommendations for resolution.

Example Scenarios:

• If the 45-day notification/consultation period for a new licence application was paused on day 20, there will be 25 days remaining when the time periods resume on September 12th. The resumed 45-day period would end on October 6th (calculated counting September 12, 2020 as day one of the remaining 25 days).

• Applications in which the overall notification/consultation period was originally scheduled to end post September 11, 2020 will have 180 days added to the original date. • If the overall two-year notification and consultation period for licence application was originally scheduled to end November 1, 2020, the revised date will be April 30, 2021 (calculated counting November 2, 2020 as day 1 of the 180 days).

If the end of a specific timeline listed above ends on a Saturday, Sunday or Holiday, the timeline will be extended until the next business day.

For Aggregate Licence/Permit Applications in process prior to March 16, 2020:

If a phase of the application was paused on March 16th, e.g., 45-day notification/consultation stage or 20-day notice of objector response period, all applicable:

• Correspondence and/or objections/concerns received during the pause (March 16 – September 11) are to be accepted by the applicant.

• Correspondence and/or objections/concerns received before March 16th and in the time remaining in the applicable phase when resumed post September 11th are to be accepted by the applicant.

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For Aggregate Applications that were deemed complete by MNRF prior to March 16, 2020 but have not proceeded to the notification/consultation stage:

If an application was deemed complete prior to March 16th but the notification/consultation stage had not yet been initiated (e.g., newspaper notice, circulation to landowners within 120 metres, signage on proposed site) the application may proceed as early as September 12, 2020.

For example: The earliest date that the notice of a new licence application can be posted in the newspaper and shared with landowners within 120 metres is September 12, 2020. This would be the first day of the 45-day notification and consultation stage.

An application that proceeds to the notification/consultation stage on or after September 12, 2020 will proceed under the normal timelines associated with the application process.

Public Information Sessions for New Applications and Major Site Plan Amendments

Applicants for a new licence, and if applicable, permits and some major site plan amendments, are required to hold an information session to share information with the public about the application. The format of these sessions is not specified in regulation, and the practice has been to hold these sessions in person.

Information sessions can be undertaken virtually while restrictions on public gatherings continue to apply. Approaches to a virtual session may include:

• Video and/or telephone conferencing.

• Posting all documents to a public website and notifying the public and agencies of times the applicant will be available to answer questions about proposal, provided there is an opportunity for an active verbal exchange between parties.

• The format of any in-person public information sessions must adhere to all COVID-19 related restrictions or guidelines set by the province and the local Health Unit and municipality in which the session would be held.

Applicants who had to cancel public information sessions due to the COVID-19 emergency are required to notify the public and agencies of the new details pertaining to the re-scheduled information session by:

• Written notice to landowners within 120 metres of the proposed site and technical review agencies by courier/registered mail or personal delivery. Notice can be given prior to September 12, 2020, but the earliest the session could occur is September 12, 2020.

• The notice will contain a revised copy of Form 1 and Form 2. If a video or teleconference option is set up the location and address information on Form 2 may be substituted with the description of the format and the web address and/or teleconference number.

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• Re-advertising notice of the application and details of the updated information session, including details of the session (e.g., video conference) in the same newspaper the original notice was placed.

• Updating the notice of application signage at the site.

Public Access to Documents

Applications and supporting technical information that would have been made available for public viewing at a local ministry and/or municipal office may not be available due to office closures.

The ministry requests that applicants submit application documentation (including technical reports and site plans) to the ministry electronically.

Applicants are requested to make information available to the public by posting it on their website, or by providing an email address where the public can request copies.

Major Site Plan Amendments

Consultation on major site plan amendments, including the 30-day commenting period in Aggregate Resources Policies and Procedures Manual will recommence on September 12, 2020. If consultation with a municipality on a major site plan amendment was paused on March 16th then the remaining days left in the 30-day period will be added starting September 12, 2020.

If you have any questions please contact Jason Belleghem, Senior Program Advisor – Aggregates in the Integrated Aggregate Operations Section by email at [email protected].

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August 2020

Workshops that work for you

Greening Your Grounds - Free Webinar An introduction to building your own rain garden. Wednesday, October 7, 2020 6:30 p.m. - 8:00 p.m.

Learn how to build your own rain garden at this free webinar. The Bay of Quinte Remedial Action Plan, Lower Trent Conservation, and Quinte Conservation will walk you through the

Bay of Quinte Remedial Action Plan “WaterLogs” – August 2020 Page 41 of 79 process of building your own rain garden. Starting with choosing the correct site, and size of garden for your property, to the final stage of selecting native plants that will thrive in your rain garden. Beautiful photos and videos will provide you with inspiration as you go through the steps to creating a plan for your property.

Learn if you could be eligible for a grant of $500 for native plants, soil, compost, gravel, or mulch to establish a functioning rain garden.

Receive the Greening Your Grounds workbook for free when you register by Monday, September 28, 2020.

Bay of Quinte Remedial Action Plan “WaterLogs” – August 2020 Page 42 of 79

Understanding Your Soil Sample Results

Bay of Quinte Remedial Action Plan “WaterLogs” – August 2020 Page 43 of 79 Tuesday, September 15, 2020 7:30 p.m.- 9:00 p.m.

A free webinar for farmers hosted by Quinte Farm Research and Stewardship Collaborative.

Learn how to interpret your laboratory soil sample results and how field management can

affect them.

Featuring OMAFRA's Peter Doris, Environmental Specialist, and Christine Brown, Field and

Crop Sustainability Specialist.

To register or for more information contact Lindsay Nash at:

[email protected]

The webinar link is - QFRSCWebinar

Bay of Quinte Remedial Action Plan “WaterLogs” – August 2020 Page 44 of 79

One of the best things about summer

The Bay of Quinte is renowned as a world-class Walleye and Bass fishery. Bay of Quinte fish are healthy, abundant, and perfectly fine to eat. After spending an exciting day on the water, fishing, there is nothing better than a fresh fish supper. Here are a couple recipes.

Be sure to review the Guide to eating Ontario Fish -

Bay of Quinte Remedial Action Plan “WaterLogs” – August 2020 Page 45 of 79 https://www.ontario.ca/environment-and-energy/eating-ontario-fish

Remember, your Covid - 19 precautions by practicing social distancing and staying in your social groups.

Fried Bass with Cajun Option 1 1/2 lb fresh Bass fillets 1/2 cup Bisquick 1/4 cup Milk 1 Egg 1 cup Cornmeal 2 tsp. Cajun seasoning (optional) 1/4 tsp. Salt Olive oil for frying

Place fillets in salt water bath for 10 minutes. Wash fish in cold and pat dry with paper towels. Whisk together the Bisquick, milk and egg in a medium bowl. Mix the cornmeal, Cajun seasoning and salt in shallow dish. Dip the fillets into the wet batter first, then dredge in the cornmeal mixture. Fry the fillets in hot oil until golden-brown, turning once. Drain on paper towels and serve. http://www.lakefishingtechniques.com/great-largemouth-and-smallmouth-bass-recipes

Baked Bass 1 (4-pound) dressed freshwater bass 2 tablespoons vegetable oil 1/2 teaspoon salt 1/4 teaspoon pepper 1 small onion, finely chopped 2 teaspoons Worcestershire sauce 1/4 cup orange juice 1 tablespoon lemon juice 1/2 cup water Lemon slices

Rinse fish thoroughly, and pat dry. Rub inside and outside of fish with oil. Sprinkle fish with salt and pepper; place onion in cavity. Place fish in an aluminum foil-lined 13- x 9- x 2-inch baking pan. Pour Worcestershire sauce

Bay of Quinte Remedial Action Plan “WaterLogs” – August 2020 Page 46 of 79 and juices over fish. Add water to pan. Bake, uncovered, at 400° for 30 minutes or until fish flakes easily when tested with a fork. Baste fish frequently with pan drippings. Transfer fish to a warm serving platter. Garnish with lemon slices.

https://www.myrecipes.com/recipe/baked-bass

FREE Soil Testing We offer FREE agricultural soil testing, the program provides farmers with: 1. Agronomic soil testing with analysis being done by an OMAFRA accredited soil lab.

2. Detailed field maps showing contours (slopes) and areas within the field that

are more prone to erosion.

Cover Crop Grant Cover crops provide farmers with numerous benefits like erosion control, added organic matter, increased infiltration of water, weed suppression etc. If you are thinking of planting

a cover crop this season we have a grant that can help.

Our stewardship programs are up and running. We can, now, set up site visits. There will be Covid -19 precautions implemented for everyone’s safety.

Visit the Bay of Quinte Remedial Action Plan web site for program details www.bqrap.ca

Bay of Quinte Remedial Action Plan “WaterLogs” – August 2020 Page 47 of 79

Facebook Twitter BQRAP

Bay of Quinte Remedial Action Plan “WaterLogs” – August 2020 Page 48 of 79

Subject: Proposed Updates to Directors' Technical Rules for Source Protection under the Clean Water Act

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

SENT ON BEHALF OF KELEY KATONA, DIRECTOR, SOURCE PROTECTION PROGRAMS BRANCH, MINISTRY OF THE ENVIRONMENT, CONSERVATION AND PARKS

Good Day All,

I am writing to inform you that the Ministry of the Environment, Conservation and Parks is proposing to update the technical rules for assessing source water protection vulnerability and risk under the Clean Water Act, 2006. These proposed updates would help ensure that source water protection efforts are supported by current science and that the quality of Ontario’s drinking water continues to be protected, as committed to in the Made-in-Ontario Environment Plan.

Many of you had an opportunity to provide input on these proposed updates through working groups and interactive sessions in late 2019. I would like to thank you for your constructive feedback and contributions, which have been invaluable in developing and refining the proposed updates.

The proposed updates have been posted to the Environmental Registry of Ontario (English: https://ero.ontario.ca/notice/019-2219 ; French: https://ero.ontario.ca/fr/notice/019-2219) for a 90-day public consultation period, which will close at 11:59 P.M. on Monday November 9, 2020.

Attached to this email is a tracked-change version of the “2020 Proposed_Amendments to Technical Rules Assessment Report_trk”.

We invite feedback and input from the public, Indigenous communities and stakeholders across the province on these proposed updates, so that we can continue to protect Ontario’s water resources for future generations.

Sincerely,

Keley

Keley Katona | Director (A) | Source Protection Programs Branch Ministry of the Environment, Conservation and Parks | 40 St. Clair Ave W, 14th Floor [email protected] | 416-625-6857

Proposed Updates to Technical Rules for Source Protection under the Clea... Page 49 of 79 Page 50 of 79

Date: September 15, 2020

Report to : Planning & Development Committee

Report from: Justin Harrow, Director of Planning and Development

Subject: Access Agreement – Hastings Heritage Trail

Recommendations:

1. THAT the Director of Planning and Development’s staff report dated August 25, 2020 regarding the access agreement for the Hastings Heritage Trail Be Received;

2. THAT the Planning & Development Committee recommend to County Council that it authorize the Warden and Clerk to sign the access agreement with Imperial Oil Limited and the Eastern Ontario Trails Alliance.

Financial Impact:

Does recommendation have a budgetary impact: Yes √ No Has Treasury Provided Analysis?: Yes √ No

Background:

Imperial Oil Limited, has requested that the County provide access to a portion of the Hastings Heritage Trail on the east side of Highway No. 62 immediately south of the York River in the Town of Bancroft. Imperial Oil is working with the Ministry of Environment and Climate Change at the Ministry’s request to undertake environmental investigative work in the vicinity of the Hastings Heritage Trail and Highway No. 62 in Bancroft (see attachment no. 1). As the County owns the trail jointly with the province and is managed by the Eastern Ontario Trails Alliance (EOTA), both of those parties require approval as well. The EOTA has been included in the agreement and has signed it. Imperial Oil is also in the process of obtaining the appropriate approvals from the province. Planning staff in consultation with our solicitor have reviewed the agreement and are satisfied any potential concerns have been addressed.

Attachments: 1) Location of where the agreement applies; and

2) Copy of the agreement

Access Agreement - Hastings Heritage Trail Page 51 of 79 Access Agreement - Hastings Heritage Trail Page 52 of 79 Access Agreement - Hastings Heritage Trail Page 53 of 79 Access Agreement - Hastings Heritage Trail Page 54 of 79 Access Agreement - Hastings Heritage Trail Page 55 of 79 Access Agreement - Hastings Heritage Trail Page 56 of 79

Date: September 15, 2020

Report to : Planning Committee

Report prepared by: Jason Budd, Senior Planner

Subject: Hastings County Plan of Subdivision File Number 12T- 2006-01

Recommendations:

1. THAT the Staff Report dated September 15, 2020 regarding Final Approval of Phase 1 of Draft Plan of Subdivision File Number 12T-2006-01 (Danford), Located in the Township of Centre Hastings and legally described as Plan 218 Blk 58 Pt Blk 56 south of Seymour Street in the former Village of Madoc, and Con 14 Pt Lot 11 Pl 225 Pt Jacob John William St RP21R5326 Pt. 12R18343 Pts 1 To 9 Pt Pts 10 12 Pt 18 in the former Township of Huntingdon, now in the Municipality of Centre Hastings, BE RECEIVED;

2. THAT the Planning Committee recommend to County Council that Final Approval be given to a PORTION of the draft Plan of Subdivision File No. 12T-2006-01 (Danford) Phase 1 and consisting of Lots 1 to 15, Both Inclusive and Residential Block 16, Storm Water Block 17, and the Reserves, Namely Blocks 18 and 19, Both Inclusive, and Two Roads of the draft plan, Municipality of Centre Hastings; County of Hastings, pursuant to Section 51(58) of the Planning Act;

3. THAT the Planning Committee recommend to County Council that the Director of Planning & Development be authorized to endorse the final plan(s) subject to the following:

i) receiving and being satisfied with the final plan(s) to be presented by the Surveyor (OLS) for intended registration, as determined to be consistent with the Council’s draft approval; ii) execution of the Subdivision Agreement by the Developer and the Municipality of Centre Hastings;

Plan of Subdivision File No. 12T-2006-01 (Danford) - Final Approval of P... Page 57 of 79 Financial Impact:

a) Does recommendation have a budgetary impact: Yes ☐ No ☒ b) If yes, what is the anticipated impact? N/A c) If yes, has it been budgeted for this year? N/A d) If no, provide an explanation as to how these costs would be accommodated in the current year’s budget: N/A e) Has Treasury provided analysis? Yes ☐ No ☒ Background:

On January 06, 2006 Jewell Engineering Inc., on behalf of Danford Construction submitted an application for Draft Plan of Subdivision to subdivide the properties legally described as Plan 218 Blk 58 Pt Blk 56 south of Seymour Street in the former Village of Madoc, and Con 14 Pt Lot 11 Pl 225 Pt Jacob John William St RP21R5326 Pt. 12R18343 Pts 1 To 9 Pt Pts 10 12 Pt 18 in the former Township of Huntingdon, now in the Municipality of Centre Hastings for the purpose of creating a residential subdivision consisting of 38 single detached dwelling lots, 1 townhouse block, a stormwater management facility, parkland, and a road.

The application received Draft Plan of Subdivision approval March 30, 2006. Following the Draft Plan of Subdivision approval the applicant received extensions to the draft approval in 2010, 2012, 2015, 2018 and 2020.

On November 28, 2018 a pre-servicing agreement was executed for registration. The applicant has been completing required infrastructure works for phase 1 of the development since the registration of the agreement and working to fulfill the remaining conditions of Draft Plan of Subdivision approval.

Analysis/Comment:

Planning Staff in consultation with the Municipal Staff of Centre Hastings and the applicant’s agent are in the process of ratifying and executing a Subdivision agreement for phase 1 of the subdivision. Staff are requesting that Council authorize the Director of Planning and Development to endorse final subdivision approval for the first phase of this development subject to the completion of the conditions outlined in section 3 of the recommendation.

On August 06, 2020 the Council of the municipality of Centre Hastings passed a by-law number 2020- 43 authorizing the mayor and clerk to execute an agreement with Danford Construction Ltd.

The delegating of authority to the Director of Planning and Development will enable the immediate registration of the agreement upon execution by the owner and municipality which will facilitate the timely closing of sales agreement on lots and subsequent development of those lots.

Plan of Subdivision File No. 12T-2006-01 (Danford) - Final Approval of P... Page 58 of 79 Conclusion:

Staff recommend that the following: 1) Final approval for registration of a portion of the Plan of Subdivision (Danford) file number 12T-2006-01 be given by County Council; and 2) Council authorize the Director of Planning and Development to endorse the final plan.

Prepared By: , Date: September 1, 2020

Jason Budd, Senior Planner

Respectfully Submitted By: Justin Harrow Date: September 2, 2020

Justin Harrow, Director of Planning & Development

Attachments:

1. Key Map

2. Draft 21M Plan

3. By-Law Number 2020-43

Plan of Subdivision File No. 12T-2006-01 (Danford) - Final Approval of P... Page 59 of 79 Plan of Subdivision File No. 12T-2006-01 (Danford) - Final Approval of P... Page 60 of 79 Plan of Subdivision File No. 12T-2006-01 (Danford) - Final Approval of P... Page 61 of 79 Plan of Subdivision File No. 12T-2006-01 (Danford) - Final Approval of P... Page 62 of 79 Date: September 15, 2020

Report to : Planning Committee

Report prepared by: Justin Harrow, Director of Planning and Development

Subject: Official Plan Amendment No. 2 (OPA No.2) to the Hastings County Official Plan

Recommendations:

1. THAT the County of Hastings Planning Staff Public Meeting Report dated September 15, 2020, regarding Draft Official Plan Amendment No. 2 (OPA No. 2) to the Hastings County Official Plan, BE RECEIVED; and

2. THAT County Council direct Planning Staff to finalize Draft Official Plan Amendment No. 2 (OPA No. 2) and initiate the notification and approval process under the Planning Act.

Financial Impact:

The Hastings County Official Plan (OP) was adopted by County Council on December 19, 2017 and was subsequently approved with a number of modification by the Ministry of Municipal Affairs and Housing on August 3, 2018. One of the modifications made by the Ministry, was to the severance policy that allowed two lots to be severed from an existing lot of record and once those lots were built out would allow for the potential of two more lots to be severed (‘2+2” policy). The modification reduced the number of potential severances from an existing lot of record to allow potential for only one new lot to be created once the original two lots are developed (‘2+1” policy). In May of 2020, Planning Committee directed Planning Staff to review and prepare a report on an Official Plan Amendment to consider amending the severance policy back to the “2+2” rule. 1

Draft Official Plan Amendment No. 2 Page 63 of 79 In addition to the severance policy, planning staff have also included other minor amendments that need to be addressed which include:

1. Technical/housekeeping amendments; 2. Updating the secondary dwelling policies to be consistent with changes to the Planning Act; 3. Updating a mapping error for the Hamlet of Birds Creek to be consistent with the Birds Creek Secondary Plan boundaries as originally approve by the County; 4. Updating schedules to reflect the changes to the Source water protection mapping for the Madoc Drinking water system.

Analysis/Comment:

Technical Amendments

Since the approval of the Official plan, two technical/housekeeping amendments have been identified. These amendments will continue to maintain the intent of Official Plan and are intended to clarify and ensure consistency in the Official plan policies.

Secondary Dwelling Unit Policies

The Hastings County Official Plan currently allows a second dwelling to be permitted within a detached house, semi detached house, rowhouse, or an accessory building or structure. However, on June 6, 2019 Bill 108, More Homes, More Choice Act, 2019 received royal assent and came into full force and effect. Among the many changes, Bill 108 amended Section 16(3) of the Planning Act to permit a second dwelling unit as of right within a detached house, semi detached house, rowhouse, and an additional dwelling unit in a building or structure ancillary to a house. As a result the Planning Act now requires that the Official Plan must contain policies to allow for a second dwelling unit in a principal dwelling and a dwelling unit in an accessory building on a property.

Hamlet of Birds Creek

At the request of the County, one of the Ministry’s modifications, returned all of the Hamlet designation boundaries to their original configurations in the previous Official Plan (1998). In error, the modification also changed the boundaries for the Hamlet of Birds Creek (see attachment no. 1). As a result the hamlet designation boundaries no longer coincide with the Birds Creek Secondary Plan boundary (Part C of the County of Hastings Official Plan). This is contrary to the intent of the Official Plan and also the Birds Creek Secondary Plan, which was prepared and approved by the Municipality of Hastings Highlands who then requested the County include the plan as part of the Official Plan. As a result, of the error the lands that are located within the Hamlet designation but are not within the Birds Creek Secondary Plan are effectively “frozen” for any potential development on 2

Draft Official Plan Amendment No. 2 Page 64 of 79 the lands, which is not desirable or the intent of the Official Plan. As the proposed adjustment to the secondary plan boundaries were already approved and adopted by County Council and the Municipality of Hastings Highlands, the proposed change does not impact the intent of the Official Plan and is considered minor in nature. The Schedule (map) has not been finalized to date; however, it will be finalized prior to circulation and will be in the same form as the map shown in attachment no. 1.

Source Water Protection – Madoc drinking water system

The Municipality of Centre Hastings, has decommissioned one of their wells (Whytock Well) and established a new well. As a result the Source Water Protection Areas/Zones for the Madoc drinking water system have changed (see attachment no. 2). On September 16, 2019, the resulting amendments to the Quinte Source Water Protection plans were approved by the Ministry of Environment and Climate Change. The County’s Official Plan is required to be updated to implement the changes in order to be consistent with the Quinte Source Water Protection Plan. The changes to the Quinte Source Water Protection Plan affects both the Municipality of Centre Hastings and the Township of Madoc. The Municipality of Centre Hastings has already updated their zoning by-law to implement these changes. Two Schedules (maps) will be required for the amendment. One will amendment Schedule OP-A to Part A of the Official Plan and the second will amend Schedule UCSP B.3 of Part B – Madoc Urban Community Secondary Plan. The Schedules (map) have not been finalized to date; however, it will be finalized prior to circulation and will be consistent with mapping shown with attachment no. 2.

Severance Policy

Section 1.1.5.2 c) of the Provincial Policy Statement is as follows:

“On rural lands located in municipalities, permitted uses are:

c) Residential development, including lot creation, that is locally appropriate.”

Since the approval of the County of Hastings Official Plan in August of 2018, the County has been monitoring the severances applications to determine the effect of the new “2+1” severance policy. From a qualitative review planning staff have noted that the number of severances applied for have slowed down, however part of this is likely due to outside factors. There have been requests for severances where staff have recommended applicants not submit applications or which applications have been denied because the severance potential for lots has already been reached. Further, as there continues to be demand for residential lots in the Rural Area there has been an increase in severance applications for lands that potentially have more constraints and/or are locating closer to conflicting land uses. The Official Plan has strong policies to ensure a severances is consistent with

Draft Official Plan Amendment No. 2 Page 65 of 79 the Provincial Policy Statement and is compatible and appropriate with surrounding land uses. To alleviate some of the pressure on these areas, in some cases it may be more appropriate to allow an additional severance on other lands that have has severances in the past and may be a more appropriate location provided it is consistent with the Provincial Policy Statement and still meets the intent and the policies of the Official Plan. In this regard, staff are recommending that Section 6.3.1.4 of Part A of the Hastings County Official Plan be amended to change the current “2+1” policy to the “2+2” policy.

The intent of this amendment is not to create a large number of news lots in the Rural Area, but rather to provide more options and flexibility for lot creation where the intent of the Official Plan is maintained. In support of this, staff have reviewed the number of applications that have reached their maximum potential under the 2+2 rule over the last 5 years (prior to the approval of the new Official Plan). The result of that review indicate that in general no more than 5 lots per year reached the maximum severance potential. Further, Section 6.3.1.3 of the Official Plan states:

“ In order to avoid creating a subdivision by the consent process, care shall be taken to not allow an original land holding or a general area to be fragmented over time. An original land holding is defined as any property that existed prior to December 31, 1998.”

For clarity this policy is not being recommended to be amended and will ensure that appropriate consideration will be given to any potential future severance applications with regards to the number of lots being created on rural lands.

In this regard Staff believe that the proposed amendment to reinstitute the “2+2” severance policy is consistent with Section 1.1.5.2 c) of the Provincial Policy Statement.

Section 1.1.5.4 of the PPS requires “Development that is compatible with the rural landscape and can be sustained by rural services levels should be promoted.” As noted above the Hastings County Official Plan is relatively new and has strong policy to ensure that development will be compatible with the rural landscape, which was reviewed and approved by the Province. It is important to note the proposed amendment does not guarantee that further severances will be permitted but rather that there is potential for an additional severance where all other policies of the official plan are met. This includes ensuring that any potential cumulative impact of development are being reviewed and considered for each application. The County will continue to review and assess severances and lot creation to ensure it is meeting intent of the amended policy.

Based on the above staff believe that Official Plan Amendment No. 2 is consistent with the Provincial Policy statement and meets the intent of the Hastings County Official Plan.

Attachments:

1. Hamlet of Birds Creek comparison map; and 2. Updated Source water protection mapping for the Madoc Drinking water System; and 4

Draft Official Plan Amendment No. 2 Page 66 of 79 3. Draft OPA No. 2

Draft Official Plan Amendment No. 2 Page 67 of 79 Page 68 of 79 Draft Official Plan Amendment No. 2

Current Boundary Proposed Boundary

Page 69 of 79 The Pink Area is the current Hamlet boundary for Birds Creek. This is the correct boundary which is proposed in the Official Plan Amendment No. 2. This This boundary was approved by error and is not consistent with the boundary is consistent with the Birds Creek Secondary Plan boundaries and is the mapping that was Birds Creek Secondary Plan Boundary. approved/adopted by County Council in December 2017.

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p a RR # 2, 2061 Old Highway # 2, Belleville, Ontario, K8N 4Z2.

A \ Roads WHPA A WHPA C Issues Contributing Area 0 www.quinteconservation.ca, 613-968-3434

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DraftY Official Plan Amendment No. 2 Page 71 of 79 This map is for illustrative purposes only. QC makes no warranties and assumes no liability whatsoever regarding the truth, accuracy, currency, or completeness of this map or the associated data. Map 4-7 Madoc Wellhead Protection Area Page 72 of 79

OFFICIAL PLAN

AMENDMENT NO. 2

TO THE COUNTY OF HASTINGS OFFICIAL PLAN

1 Draft September, 2020 V1

Draft Official Plan Amendment No. 2 Page 73 of 79 Amendment No. 2 to the Official Plan of the County of Hastings

The attached explanatory text and map identified as Schedule “A”, constituting Amendment No. 2 to the Official Plan of the County of Hastings, was prepared by the Council of the Corporation of the County of Hastings under the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, and c.P.13, as amended.

The amendment was adopted by the Council of the Corporation of the County of Hastings by By- law No. 2020-00XX in accordance with Sections 17 and 21 of the Planning Act. R. S.O. 1990, c.P.13, as amended, on the XXth day of XXXXX, 2020.

Cathy Monzon-Bradley, Clerk

Rick Phillips, Warden

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Draft Official Plan Amendment No. 2 Page 74 of 79 The Corporation of the County of Hastings

BY-LAW NO. 2020-00XX

Being a By-law to adopt an Amendment to the Official Plan of the Corporation of the County of Hastings

WHEREAS the Council of the Corporation of the County of Hastings is desirous of amending By-law No.2017-0030, a By-law to adopt the Official Plan, for the future development of the County;

WHEREAS AMENDMENT NO. 2 to the Official Plan of the County of Hastings has been considered and recommended for adoption by the County of Hastings Planning/Land Division/9- 1-1 Committee;

AND WHEREAS a Public Meeting regarding the proposed amendment has been held pursuant to the requirements of Section 17 of the Planning Act, R.S.O. 1990, c.P.13, as amended;

NOW THEREFORE the Council of the Corporation of the County of Hastings in accordance with the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, c.P.13, as amended, hereby orders and enacts as follows:

1. THAT Amendment No. 2 to the Official Plan of the County of Hastings, consisting of the attached explanatory text and Schedule “I” is hereby adopted.

3. THAT Amendment No. 2 shall come into force and take effect in accordance with the provisions of Section 17 and 21 of the Planning Act, R.S.O. 1990, c.P.13, as amended.

THIS BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED IN OPEN COUNCIL THIS XXth DAY OF XXXXXX , 2020.

______Cathy Monzon-Bradley, Clerk Rick Phillips, Warden

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Draft Official Plan Amendment No. 2 Page 75 of 79 Amendment No. 11 to the Official Plan of the County of Hastings

1. Title and Contents:

The following text and maps identified as Schedules “1”, “2’ and “3”, constitutes Amendment No. 2 to the Official Plan of the Corporation of the County of Hastings. The Official Plan of the County of Hastings was approved by the Minister of Municipal Affairs and Housing, and took effect on August 3, 2018.

Also attached hereto but not forming a part of the amendment are:

i. Appendix “A”, certified statements and declaration that the Notice of Public Meeting and Notice of Adoption have been provided in accordance with the Planning Act and that OPA No. 2 is consistent with the Provincial Policy Statement, certified copies of the Notice, and copies of written comments received.

ii. Appendix “B” outlining the results of the Planning Committee public meetings held in regard to the amendment on XXXXXX XXth , 2020.

iii. Appendix “C”, Hastings County Planning Staff Report(s) dated September 15, 2020.

2. Purpose and Effect of the Amendment:

The purpose and effect of Amendment No. 2 to the Hastings County Official Plan is as follows:

1. To make a number of minor technical and administrative changes to the Official Plan; 2. To amend Part A Sections 2.8.1.1 e) and 2.8.2.1 c) of the Official Plan to bring the policies surrounding secondary dwellings into compliance with the changes to the Planning Act; 3. To amend Part A Section 6.3.1.4 of the Official Plan to change the maximum permitted severances from a lot of record to two lots and when they have been developed with habitable structures to allow for two more. 4. To correct a mapping area related to the Hamlet Boundary of Birds Creek on Schedule OP-A to the Official Plan in order to be consistent with and align with the boundary of the Birds Creek Secondary Plan (Schedule “1”).

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Draft Official Plan Amendment No. 2 Page 76 of 79 5. Update the Source Water Protection Zones for the Municipality of Centre Hastings Drinking Water System on Schedule OP-A of Part A - Official Plan and Schedule UCSP B.3 of Part B – Madoc Urban Community Secondary Plan to reflect up dates to the Quinte Region Source Protection Plan (Schedules “2” and “3”); and

3. Location of Lands Affected:

This general amendment generally applies to all lands subject to the County of Hastings Official Plan. The amendment also specifically applies to lands in and around the Hamlet of Birds Creek and lands associated with the Sourcewater Protection Areas for the Madoc drinking water system.

4. Basis of the Amendment:

See Planning Staff Report(s)

5. Details of the Amendment: 1. Part A – Section 5.5.2.2 of the Hastings County Official Plan is hereby amended, by adding the following wording at the beginning of the section:

“Notwithstanding Part A Section 4.2.3.12 to the contrary,”.

2. Part A – Section 6.3.6.1 b) of the Hastings County Official Plan is hereby amended, by deleting the words “4 hectares (10 acres)” and replacing it with the words “2.02 hectares (5 acres)”.

3. Part A – Section 2.8.1.1 e) of the Hastings County Official Plan is hereby amended, by deleting the word “or” after the word “rowhouse” in the first sentence and replacing it with the word “and”.

4. Part A – Section 2.8.2.1 c) of the Hastings County Official Plan is hereby amended, by deleting the word “or” after the word “rowhouse” in the first sentence and replacing it with the word “and”.

5. Part A - Section 6.3.1.4 of the Hastings County Official Plan is hereby amended, by deleting the second last sentence and replacing it with the following:

“When the original two lots are fully developed with a habitable structure, two (2) further lots may be considered by the County (a total of four (4) plus the retained parcel.)”

6. Schedule OP-A of Part A of the County of Hastings Official Plan, is hereby amended in accordance with Schedule “1” attached to and forming part of this amendment.

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Draft Official Plan Amendment No. 2 Page 77 of 79 7. Schedule OP-A of Part A of the County of Hastings Official Plan, is hereby amended by deleting all source water protection zones and areas associated with the Madoc drinking water system and replacing them in accordance with Schedule “2” attached to and forming part of this amendment. 8. Schedule UCSP B.3 to Part B – Madoc Urban Community Secondary Plan of the County of Hastings Official Plan, is hereby amended by deleting all source water protection zones and areas associated with the Madoc drinking water system and replacing them in accordance with Schedule “3” attached to and forming part of this amendment.

6. Implementation & Interpretation:

The provisions of the County Official Plan, as amended from time to time, regarding the implementation and interpretation of the Plan shall apply in regard to this amendment.

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Draft Official Plan Amendment No. 2 Page 78 of 79 NOTICE OF ZONING BY-LAWS FOR THE SEPTEMBER 2020 PLANNING COMMITTEE MEETING:

A. Cox, Clerk-Administrator By-Law 19-2020 (EP to RRC-2) Township of Carlow/Mayo (Carlow) Pt. Lot 25, Conc. 3

By-Law 20-2020 (RU to RR-11) & (I to RU) & (RU to I) (Mayo) Pt. Lots 27 & 28, Conc. 10

Zoning By-Laws for the September 15, 2020 meeting Page 79 of 79