Town of South Bruce Peninsula Tuesday, February 2, 2021 9:00 AM Municipal Council Chambers
Agenda
Page
1 Call to Order
2 Attendance and Regrets
3 Declaration of Pecuniary Interest and General Nature Thereof
4 Public Notice/General Announcements
5 Adoption of Minutes
6 - 7 5.1 Special Council-January 13, 2021
8 - 9 5.2 Special Council-January 18, 2021
10 - 21 5.3 Regular Council-January 19, 2021
22 - 23 5.4 Special Council-January 20, 2021
24 - 26 5.5 Special Council-January 26, 2021
27 - 35 5.6 Committee of Adjustment-December 16, 2020
6 Public Meetings
36 - 44 6.1 Planning Public Meeting - Zoning By-Law Amendment File Z-2020-076 Kurtz, 622 Mallory Beach Road
7 Delegations
Page 1 of 252
45 - 48 7.1 Joe Vanderzand, Royal Canadian Legion Wiarton Branch #208 - Cenotaph Issues/Resolutions (10 min)
49 7.2 11:00 am Marianne Love, ML Consulting - Pay Equity (1.5 hrs) Delegation to be heard in Closed Session
8 Reports (New Business)
Administration
8.1 None
Emergency Services
8.2 None
Financial Services
50 - 55 8.3 FIN02-2021 Investment Performance 2020
56 - 58 8.4 FIN03-2021 Statement of Council Remuneration and Expenses for 2020
Legislative Services
59 - 60 8.5 LS14-2021 COVID Discussion
61 - 65 8.6 LS15-2021 Integrity Commissioner 2020 Annual Report
66 - 75 8.7 LS16-2021 Deeming By-Law Request, 109 Symon Ave, Greene
76 - 85 8.8 LS17-2021 Consent B-2020-125, 885 Bayview Street, Baumgarten
86 - 93 8.9 LS18-2021 Consent B-2020-081, 423 Lakeshore Blvd N, Whiting
94 - 129 8.10 LS19-2021 Quarry Application, 180 Fieldside Road, Crigger
130 - 139 8.11 LS20-2021 Twining and Lemon Sand Beach Lease Agreement for 2021
140 - 167 8.12 LS22-2021 Site Plan Control Agreement, Korpikoski
168 - 209 8.13 LS23-2021 Sauble Speedway By-Law
Public Works
210 - 240 8.14 PW05-2021 Amabel Water Master Servicing Study Update
Committees of Council and Local Boards
8.15 None
9 Departmental Updates
Page 2 of 252
10 Correspondence
10.1 None
11 By-Laws
241 - 242 11.1 By-Law 16-2021 Being a By-Law to Authorize the Mayor and Clerk to Sign Land Transfer Deeds and Other Documentation for the Purchase of Property known as Part of Park Lot B Plan Wiarton Part 2 3R884; T/W R359769; South Bruce Peninsula
243 - 244 11.2 By-Law 17-2021 A By-Law to Designate Lt 9 Pl 3M123 Town of South Bruce Peninsula PIN 33155-0092 (LT) and Pcl 10-1 Sec 3M123; Lt 10 Pl 3M123; South Bruce Peninsula PIN 33155-0093 (LT) Not to Be Part of the Respective Plan of Subdivision, Pursuant to the Provisions of the Planning Act, R.S.O. 1990, c.P.13 as Amended
245 - 247 11.3 By-Law 18-2021 Being a By-Law to Amend By-Law Number 122-2009, as Amended, Being the Comprehensive Zoning By-Law for the Town of South Bruce Peninsula for Plan 439 Lot 89, Albemarle (622 Mallory Beach Road)
12 Matters of Urgency
13 Notice of Motion
14 Reports from Council Members
15 Upcoming Meetings
15.1 February 3, 2021 Wiarton BIA 6:00 pm February 16, 2021 Council 9:00 am February 24, 2021 Committee of Adjustment 10:00 am (if applications are received) March 2, 2021 Council 9:00 am March 3, 2021 Wiarton BIA 6:00 pm March 16, 2021 Council 9:00 am March 24, 2021 Committee of Adjustment 10:00 am (if applications are received)
Page 3 of 252
16 Unfinished Business
248 - 251 16.1 Unfinished Business Tracking Chart-February 2, 2021
17 Closed Session
17.1 Formal resolution to authorize closed session
17.2 Verbal resolution to move into closed session (as and when required)
17.3 Attendance
17.4 Ask if members are taping, streaming or otherwise recording (each time Council proceeds into closed session)
17.5 Closed session minutes-January 13, 2021
17.6 Closed session minutes-January 18, 2021
17.7 Closed session minutes-January 19, 2021
17.8 Closed session minutes-January 20, 2021
17.9 Closed session minutes-January 26, 2021
17.10 Personal matters about an identifiable individual including municipal or local board employees and Labour relations or employee negotiations and A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (FIN05-2021 Pay Equity and Compensation Review)
17.11 Personal matters about an identifiable individual including municipal or local board employees and Labour relations or employee negotiations and A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Delegation - Marianne Love, ML Consulting-Pay Equity)
17.12 A proposed or pending acquisition or disposition of land by the municipality or local board and A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (LS21-2021 Potential Property Purchase)
17.13 Reporting from closed session (in open session)
18 Confirmatory By-Law
252 18.1 By-Law 19-2021 Being a By-Law to Confirm the Proceedings of the Council
Page 4 of 252
of the Corporation of the Town of South Bruce Peninsula
19 Adjournment
Page 5 of 252 The Corporation of the Town of South Bruce Peninsula Special Council Meeting January 13, 2021
The Council of the Corporation of the Town of South Bruce Peninsula met on Monday January 13, 2021 in the Municipal Council Chambers.
1. Call to Order
Mayor Jackson called the meeting to order. Time 9:01 am
It was noted that all members of Council were present.
2. Declaration of Pecuniary Interest and General Nature Thereof
No interests were declared at this point.
3. Public Notice – Special Meeting January 13, 2021
The public notice was read.
4. Authorize Closed Session
R-019-2021
It was Moved by K. Durst, Seconded by J. Kirkland and Carried
That the Council of the Town of South Bruce Peninsula be authorized to proceed into “Closed Session on January 13, 2021 in order to address a matter pertaining to:
• Personal matters about an identifiable individual, including municipal or local board employees; Labour relations or employee negotiations; (Delegation - Waterhouse Executive Search re CAO Search and Recruitment and Interviews)
5. Proceed into Closed Session
R-020-2021
It was Moved by T. Bell, Seconded by K. Durst and Carried
That Council proceeds into closed session. Time 9:04 am
6. Reconvene into Open Session
1 Regular Council - 02 Feb 2021 Page 6 of 252 R-021-2021
It was Moved by P. McKenzie, Seconded by J. Kirkland and Carried
That the Council reconvenes to open session. Time 12:01 pm
7. Direction from Closed Session-Delegation Waterhouse Executive Search and Recruitment and Interviews
The consultant was provided with direction in closed session.
8. Confirmatory By-Law
R-022-2021
It was Moved by P. McKenzie, Seconded by J. Kirkland and Carried
That By-Law 3-2021 Being a By-Law to Confirm the Proceedings of the Council of the Corporation of the Town of South Bruce Peninsula be read a first, second, third time and finally passed.
9. Adjourn
R-23-2021
It was Moved by K. Durst, Seconded by J. Kirkland and Carried
That the meeting adjourn. Time 12:02 pm
______Mayor
______Clerk
2 Regular Council - 02 Feb 2021 Page 7 of 252 The Corporation of the Town of South Bruce Peninsula Special Council Meeting January 18, 2021
The Council of the Corporation of the Town of South Bruce Peninsula met on Monday January 18, 2021 in the Municipal Council Chambers.
1. Call to Order
Mayor Jackson called the meeting to order. Time 8:06 am
It was noted that all members of Council were present.
2. Declaration of Pecuniary Interest and General Nature Thereof
No interests were declared at this point.
3. Public Notice – Special Meeting January 18, 2021
The public notice was read.
4. Authorize Closed Session
R-024-2021
It was Moved by K. Durst, Seconded by T. Bell and Carried
That the Council of the Town of South Bruce Peninsula be authorized to proceed into “Closed Session on January 18, 2021 in order to address a matter pertaining to:
• Personal matters about an identifiable individual, including municipal or local board employees; Labour relations or employee negotiations; (Delegation - Waterhouse Executive Search re CAO Search and Recruitment and Interviews)
5. Proceed into Closed Session
R-025-2021
It was Moved by T. Bell, Seconded by K. Durst and Carried
That Council proceeds into closed session. Time 8:08 am
6. Reconvene into Open Session
1 Regular Council - 02 Feb 2021 Page 8 of 252 R-026-2021
It was Moved by K. Durst, Seconded by P. McKenzie and Carried
That the Council reconvenes to open session. Time 11:50 pm
7. Direction from Closed Session-Delegation Waterhouse Executive Search and Recruitment and Interviews
Council interviewed candidates for the position of CAO. Nothing else was discussed and no decisions were made.
8. Confirmatory By-Law
R-027-2021
It was Moved by K. Durst, Seconded by T. Bell and Carried
That By-Law 4-2021 Being a By-Law to Confirm the Proceedings of the Council of the Corporation of the Town of South Bruce Peninsula be read a first, second, third time and finally passed.
9. Adjourn
R-028-2021
It was Moved by K. Durst, Seconded by T. Bell and Carried
That the meeting adjourn. Time 11:52 pm
______Mayor
______Clerk
2 Regular Council - 02 Feb 2021 Page 9 of 252 The Corporation of the Town of South Bruce Peninsula January 19, 2021
The Council of the Corporation of the Town of South Bruce Peninsula met on Tuesday January 19, 2021 in the Municipal Council Chambers.
1. Call to Order
Mayor Jackson called the meeting to order. Time 9:00 am
2. Attendance and Regrets
Councillor Durst and Councillor McKenzie present electronically. Mayor Jackson, Deputy Mayor Kirkland and Councillor Bell present in person.
3. Declaration of Pecuniary Interest and General Nature Thereof
None.
4. Public Notice/General-Special Meetings January 2021
Noted
5. Adoption of Minutes – Regular Council-January 5, 2021
R-29-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That the minutes of the January 5, 2021 regular meeting of Council be adopted as received.
6. Public Meeting – Zoning By-Law Amendment File Z-2020-076 Kurtz, 622 Mallory Beach Road
6.1 Presentation of Planning Report – Bruce County Planning
Planner VanDorp indicated that a decision on this file be made at the February 2 meeting because there was a notice issue and notice time must be given to agencies.
Planner VanDorp explained that the application is to construct a detached garage with a 32.92 m2 guest cabin on the second floor. The Zoning By-Law does not permit guest
1 Regular Council - 02 Feb 2021 Page 10 of 252 cabins in the R2 zone and where a guest cabin is permitted, the Zoning By-Law defines a guest cabin as being for non-paying guests, must have no plumbing, have a maximum ground floor area of 23.2 m2 and they are to be single storey. An exterior side yard setback of 3.048m to 14th Avenue and a front yard setback of 4m to Mallory Beach Road are requested. The potential for wastewater will increase and the applicant must construct a new septic system. To do this they have to move a shed on the property and are seeking a setback relief of 1.22m to 14th Avenue versus the required 7.5m.
The Planning Department has concerns about the height being proposed. There is a cliff at the waterside of the property and this alters the building envelope.
Through conversation with the applicant, a 4m front yard setback is being requested which addresses Public Works concerns about the proximity to Mallory Beach Road, it has been confirmed that there would not be plumbing fixtures on the second storey which will eliminate the cabin from becoming a separate dwelling. The applicant has need for an additional living space. The Zoning By-Law defines the guest cabin as being for non-paying guests which the applicant understands and says it will be for their family when they visit.
Height is established in the Zoning By-Law as 5m for accessory buildings which is half the height of the primary use. This is intended to give flexibility for location of accessory buildings and to ensure that they remain secondary uses. The height is measured from the mid-point between the peak of the roof and the eaves of the structure. When roofs are different heights, the highest eave that occupies 50% or more is used by the Building Division to measure height. Regulating height is to address the visual mass of the building. Planning staff recommends that the request for height is not approved as it is felt that not allowing the additional height would keep the building consistent with the other detached accessory use buildings along Mallory Beach Road.
Planning staff recommends passing the by-law as presented, not approving the height request, subject to public comments.
6.2 Declare the Public Meeting Open to Consider Public Comments With Regard to File Z-2020-076 Kurtz, 622 Mallory Beach Road
Mayor Jackson declared the public meeting to be open. Time 9:11 am
6.3 Comments from Members of Council
A member of Council asked about the enforcement of the non-rental provisions. Staff confirmed that this would be enforced through the Zoning By-Law. New owners would know about the requirement upon seeking information from the Town and usually when a property changes hands, the solicitor requests a zoning certificate.
A member of Council asked about the notice requirement and the second public meeting. Planner VanDorp indicated that the agencies didn’t receive the formal public
2 Regular Council - 02 Feb 2021 Page 11 of 252 notice at the same time that the public received the notice. Staff confirmed that a second public meeting would take place and the by-law considered at the same meeting, subject to public comments.
A member of Council asked about the height concerns and Town staff’s comments regarding height. Staff confirmed that the Building Division did not take any issue with the height being requested by the applicant. It is not known how the other accessory buildings in the area came to be constructed at their apparent heights. The member of Council discussed the photos included with the planning report and indicated that there appears to be other accessory buildings which are a full two storeys and one looks like it is three storeys.
6.4 Comments from Members of the Public
Ryan Greig – Indicated that he is working with the applicant on the design of the building. He explained that the applicants are a brother and sister looking for more space for their family. They have made concessions and have taken out the plumbing they originally requested. The first storey is to have a laundry sink and no toilets. Mr. Greig handed out plans for the proposed accessory building. He explained that changing the length of the shed dormers would change the amount of space they would have. Shortening the shed dormer won’t change the look of the building. The way the building is to be situated, it won’t affect the neighbourhood. He has driven up and down Mallory Beach Road and he doesn’t feel that this building would be outside of the character of the neighbourhood. He is a Councillor in a neighbouring municipality and understands the effects of planning. With regard to the use, he has experience with homeowners signing affidavits which can be incorporated into a sale to ensure that the space isn’t rented.
A member of Council asked about public comments. Planner VanDorp explained that they are attached to the planning report.
A member of Council asked if this is a three bedroom unit. Planner VanDorp explained that his understanding from the applicant is that this will be three bedrooms and there will be one bedroom in the main house.
A member of Council asked why an upgraded septic system is required. Planner VanDorp indicated that it is calculated based on the occupancy load (bedrooms) and plumbing fixtures. They will need to upgrade the system.
Ryan Greig – Explained that this is the Kurtz family working in good faith by indicating the number of bedrooms and agreeing to the upgrade to the septic system.
6.5 Read Written Submissions Received
Written submission were presented with the planning report. Planner VanDorp read the public comment from Mr. Turk who was concerned about the view being blocked, the
3 Regular Council - 02 Feb 2021 Page 12 of 252 additional septic requirements and the potential of another rental property on Mallory Beach Road.
6.6 Declare the Public Meeting to be Closed
Mayor Jackson declared the public meeting to be closed. Time 9:26 am
6.7 Consideration of Resolution
A member of Council asked about the driveway and how it will affect the tile bed. Planner VanDorp indicated that there is ample room for the septic system and parking for the additional vehicles.
Discussion included the height of buildings in the area, the additional three foot height request and understanding the Planner’s position on height.
R-30-2021
It was Moved by T. Bell, Seconded by J. Kirkland and Carried
That Council receives the planning report for application Z-2020-076 Kurtz, 622 Mallory Beach Road, Town of South Bruce Peninsula;
And that Council has carefully considered all public, agency and staff comments included in the planning report and at the public meeting and asserts that public, agency and staff comments led to the decision to allow the height requested, and to prohibit plumbing fixtures on the second storey of the accessory detached garage containing the guest cabin;
And that the amendment will permit a front yard setback for the accessory detached garage of 4m, the maximum length of the garage along the Mallory Beach Road frontage will be 9.8m, the minimum exterior side yard setback for the accessory detached garage is 3m, the guest cabin will only be permitted on the second storey of the detached garage, the doors for the accessory detached garage must not face Mallory Beach Road and the maximum floor area of the guest cabin is 33 m2;
And that the detached shed and wooden platform existing at the date of the application will have a minimum exterior side yard setback of 1.22m;
And further that the necessary by-law be placed on the agenda of an upcoming Council meeting, to be considered for readings after the second public meeting which is required to meet the statutory agency notice requirements.
7. LS08-2021 Deeming By-Law Request, 29 and 33 Riverside Place
4 Regular Council - 02 Feb 2021 Page 13 of 252 Discussion included surveys being requested when building in a plan of subdivision, the loss of a building lot which means less tax dollars, the lack of building lots available and other remedies under the Planning Act to address the lot encroachment.
R-31-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That the necessary by-law to deem Lot 9 and Lot 10 Plan 3M123 not to be lots in a plan of subdivision be placed on an upcoming Council agenda for consideration.
8. LS10-2021 COVID Discussion
Discussion included the lockdown, the cases in the Grey Bruce Health Unit area, the signage which has been changed to “stay home” messaging, the Provincial Order which includes the short term rental accommodations, use of secondary residences, who enforces the Provincial Orders, assurances that our tickets will be prosecuted, complaints about tourists coming to our area, National Parks and people gathering, self isolating and following the rules imposed in the Order, emergency services being taxed, the roll out of the vaccine in phases and people choosing not to be vaccinated.
R-32-2021
It was Moved by T. Bell, Seconded by J. Kirkland and Carried
That Council receives report LS10-2021 COVID Discussion, dated January 19, 2021 for information.
9. LS11-2021 Proxy Voting
Discussion included the quorum requirements, electronic participation, conflict of interest declarations and provisions already contained in the Procedural By-Law.
R-33-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That Council will not implement proxy voting as a method of permitting a member of Council to vote on agenda items, when not present at a meeting.
10. LS12-2021 Purchase of Part of Park Lot B Plan Wiarton Part 2 3R884 T/W R359769 Jenny Street
Discussion included the value of the purchase being public, the proceeds of the airport and having all proceeds being held in the same reserve.
5 Regular Council - 02 Feb 2021 Page 14 of 252 Councillor McKenzie left the meeting. Time 9:59 am
R-34-2021
It was Moved by T. Bell, Seconded by J. Kirkland and Carried
That the necessary by-law to permit the Mayor and Clerk to sign the closing documents for the purchase of Part of Park Lot B Plan Wiarton Part 2 3R884 T/W R359769 is placed on the agenda of an upcoming Council meeting for consideration.
And further that the purchase of the property is funded from the proceeds of the sale of the Wiarton Airport, currently held in the Working Capital Reserve and earmarked for special projects.
Councillor McKenzie returned to the meeting. Time 10:01 am
R-35-2021
It was Moved by T. Bell, Seconded by J. Kirkland and Carried
That the Treasurer is directed to place the proceeds of the airport sale which are being held in the Wiarton Water Reserve Fund (approximately $70,000) into the Working Capital Reserve;
And further that the funds are earmarked for special projects.
11. PW04-2021 Tender Award for Articulating Sidewalk Tractor & Attachments
Discussion included having a longer shoot which would blow the snow into a dump truck and Public Works being able to upgrade the unit if it isn’t outfitted with this type of shoot.
R-36-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That Council supports the award of Tender 20-33 for the supply of one (1) new articulating sidewalk tractor with attachments to Work Equipment Ltd. for the bid price of one hundred and twenty-six thousand dollars ($126,000) excluding HST.
12. Departmental Updates
Updates were provided by the Director of Financial Services, the Director of Public Works, the Director of Emergency Services, the Director of Legislative Services and the Economic Development Officer.
Deputy Mayor Kirkland left the meeting. Time 10:25 am
6 Regular Council - 02 Feb 2021 Page 15 of 252 Deputy Mayor Kirkland returned to the meeting. Time 10:26 am
13. Correspondence
None.
14. By-Laws – First and Second Reading
R-37-2021
It was Moved by T. Bell, Seconded by J. Kirkland and Carried
That the following by-law be read a first and second time:
By-Law 7-2021 Being a By-Law Respecting the Removal of Snow and Ice from Sidewalks in the Town of South Bruce Peninsula
By-Law 8-2021 Being a By-Law to Establish and Impose Prices and Time of Payment for the Use of Municipal Water and/or Sanitary Sewer Services
By-Law 9-2021 A By-Law to Amend By-Law 122-2009, as Amended Being the Comprehensive Zoning By-Law for the Town of South Bruce Peninsula (Pcl 45 Lt 39 Plan 278)
By-Law 10-2021 Being a By-Law to Authorize the Mayor and Clerk to Sign a Site Plan Control Agreement with Rodney Joseph Holmes Owner of Pt Lt 40 Con D Amabel as in R406587; Town of South Bruce Peninsula PIN 33146-0557 (LT)
By-Law 11-2021 Being a By-Law to Amend By-Law Number 44-2009 Being a By-Law to Adopt the Manual Governing the Policies and Procedures for the Corporation of the Town of South Bruce Peninsula (Winter Maintenance Policy)
By-Law 12-2021 Being a By-Law to Amend By-Law Number 44-2009 Being a By-Law to Adopt the Manual Governing the Policies and Procedures for the Corporation of the Town of South Bruce Peninsula (Social Media Strategy)
By-Law 13-2021 Being a By-Law to Amend By-Law Number 44-2009 Being a By-Law to Adopt the Manual Governing the Policies and Procedures for the Corporation of the Town of South Bruce Peninsula (Hiring Procedure for Volunteer Firefighters)
By-Law 14-2021 Being a By-Law to License and Regulate Mobile Restaurants in the Town of South Bruce Peninsula
15. By-Laws – Third Reading
Deputy Mayor Kirkland requested that By-Law 14-2021 be pulled for separate reading.
7 Regular Council - 02 Feb 2021 Page 16 of 252
R-38-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That By-Law 7-2021, By-Law 8-2021, By-Law 9-2021, By-Law 10-2021, By-Law 11- 2021, By-Law 12-2021 and By-Law 13-2021 read a third time and finally passed.
16. By-Law 14-2021 – Third Reading
It was Moved by T. Bell, Seconded by J. Jackson and Defeated
That By-Law 14-2021 be read a third time and finally passed.
McKenzie No Kirkland No Durst No Bell No Jackson Yes
Recorded vote requested – Deputy Mayor Kirkland Reverse order requested – Mayor Jackson
17. Request to Reconsider Defeated Motion
Councillor Durst, being on the prevailing side, requested reconsideration indicating that the members believed they were voting on a different by-law number.
R-39-2021
It was Moved by K. Durst, Seconded by J. Jackson and Carried
That the defeated motion is reconsidered.
18. By-Law 14-2021 – Reconsider Third Reading
Discussion included the Licensing By-Law and the Zoning By-Law provisions regarding food trucks.
R-40-2021
It was Moved by T. Bell, Seconded by J. Jackson and Carried
That By-Law 14-2021 be read a third time and finally passed.
McKenzie Yes
8 Regular Council - 02 Feb 2021 Page 17 of 252 Kirkland No Durst Yes Bell Yes Jackson Yes
Recorded vote requested – Deputy Mayor Kirkland Reverse order requested – Mayor Jackson
19. Matters of Urgency - ESD01-2021 Addition to Sauble Beach Fire Station- Ambulance Bay
On a show of hands and roll call for those participating electronically, the item will be heard as a matter of urgency.
Discussion included the proposed project and actions to date of the Director of Emergency Services, the size of the building being requested being very large, readjusting the size when it is being designed and the long-term lease required with the County to cover the cost of construction.
R-41-2021
It was Moved by T. Bell, Seconded by J. Kirkland and Carried
That Council receives the preliminary financial business plan as prepared by staff to support the addition of an ambulance bay;
And that the RFP for architectural and engineering services issued by the Fire Chief be used to verify the rough construction cost estimates of saff before proceeding,
And that a final business plan be approved by Council once all design, engineering and construction costs have been confirmed to ensure project viability,
And further that Council then negotiates a lease agreement with the County of Bruce for the use of the ambulance bay for a 20-year period by Bruce County Paramedics Services at a lease fee of $2,900.00 per month with an annual indexation increase.
Break 10:43 am Reconvene 10:55 am
20. Matters of Urgency - LS13-2021 Council Meeting Electronic Participation Considerations
On a show of hands and roll call for those participating electronically, the item will be heard as a matter of urgency.
9 Regular Council - 02 Feb 2021 Page 18 of 252 Discussion included public participation, closed session confidentiality, the number of people who don’t reside here, access for the residents to our meetings and a future report to Council.
R-42-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That Council considers the options presented regarding enhanced electronic participation and directs staff to further investigate options.
21. Notice of Motion
None.
22. Reports from Council Members
None.
23. Upcoming Meetings
Noted.
24. Unfinished Business Tracking Chart – January 19, 2021
R-43-2021
It was Moved by T. Bell, Seconded by J. Kirkland and Carried
That Council notes the contents of the unfinished business tracking chart as included in the January 19, 2021 agenda.
25. Authorize Closed Session
R-44-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That the Council of the Town of South Bruce Peninsula be authorized to proceed into “Closed Session on January 19, 2021 in order to address a matter pertaining to:
• A proposed or pending acquisition or disposition of land by the municipality or local board and Advice that is subject to solicitor client privilege including communications necessary for that purpose and A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried
10 Regular Council - 02 Feb 2021 Page 19 of 252 on by or on behalf of the municipality or local board (LS09-2021 Potential Property Purchase) • Personal matters about an identifiable individual including municipal or local board employees (FIN01-2021 Cheque Register for Q4 2020)
26. Proceed into Closed Session
R-45-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That Council proceeds into closed session. Time 11:05 am
27. Reconvene into Open Session
R-46-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That the Council reconvenes to open session. Time 11:39 am
28. Reporting from Closed – LS09-2021 Potential Property Purchase
Direction was given to staff.
29. Reporting from Closed – FIN01-2021 Cheque Register for Q4 2020
Council noted the contents of the report.
30. Reporting from Closed-General Statement
Mayor Jackson reported that in Closed Session, nothing was discussed outside of the agenda items nor decisions made outside of the agenda items.
31. Confirmatory By-Law
R-47-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That By-Law 15-2021 Being a By-Law to Confirm the Proceedings of the Council of the Corporation of the Town of South Bruce Peninsula be read a first, second, third time and finally passed.
32. Adjournment
11 Regular Council - 02 Feb 2021 Page 20 of 252 R-48-2021
It was Moved by J. Kirkland, Seconded by T. Bell and Carried
That the meeting adjourn. Time 11:41 am
______Mayor
______Clerk
12 Regular Council - 02 Feb 2021 Page 21 of 252 The Corporation of the Town of South Bruce Peninsula Special Council Meeting January 20, 2021
The Council of the Corporation of the Town of South Bruce Peninsula met on Wednesday January 20, 2021 in the Municipal Council Chambers.
1. Call to Order
Mayor Jackson called the meeting to order. Time 8:00 am
It was noted that all members of Council were present.
2. Declaration of Pecuniary Interest and General Nature Thereof
No interests were declared at this point.
3. Public Notice – Special Meeting January 20, 2021
The public notice was read.
4. Authorize Closed Session
R-049-2021
It was Moved by K. Durst, Seconded by J. Kirkland and Carried
That the Council of the Town of South Bruce Peninsula be authorized to proceed into “Closed Session on January 20, 2021 in order to address a matter pertaining to:
• Personal matters about an identifiable individual, including municipal or local board employees; Labour relations or employee negotiations; (Delegation - Waterhouse Executive Search re CAO Search and Recruitment and Interviews)
5. Proceed into Closed Session
R-050-2021
It was Moved by K. Durst, Seconded by J. Kirkland and Carried
That Council proceeds into closed session. Time 8:02 am
6. Reconvene into Open Session
1 Regular Council - 02 Feb 2021 Page 22 of 252
R-051-2021
It was Moved by K. Durst, Seconded by T. Bell and Carried
That the Council reconvenes to open session. Time 12:55 pm
7. Direction from Closed Session-Delegation Waterhouse Executive Search and Recruitment and Interviews
Council conducted the final first round of CAO interviews. There was no discussion of any other issues outside of CAO recruitment.
8. Confirmatory By-Law
R-052-2021
It was Moved by K. Durst, Seconded by J. Kirkland and Carried
That By-Law 5-2021 Being a By-Law to Confirm the Proceedings of the Council of the Corporation of the Town of South Bruce Peninsula be read a first, second, third time and finally passed.
9. Adjourn
R-53-2021
It was Moved by T. Bell, Seconded by J. Kirkland and Carried
That the meeting adjourn. Time 12:56 pm
______Mayor
______Clerk
2 Regular Council - 02 Feb 2021 Page 23 of 252 The Corporation of the Town of South Bruce Peninsula Special Council Meeting January 26, 2021
The Council of the Corporation of the Town of South Bruce Peninsula met on Tuesday January 26, 2021 in the Municipal Council Chambers.
1. Call to Order
Mayor Jackson called the meeting to order. Time 8:00 am
It was noted that all members of Council were present. Councillor Bell in person and all other members electronically.
2. Declaration of Pecuniary Interest and General Nature Thereof
No interests were declared at this point.
3. Public Notice of Special Meeting Scheduled for January 26, 2021
The public notice was read with the curfew being noted as 12:00 pm.
4. Delegation – Waterhouse Executive Search – CAO Search and Recruitment
Delegation will be heard in Closed Session.
5. Delegation – Names Withheld to Protect Confidentiality – CAO Interviews
Delegation(s) will be heard in Closed Session.
6. Authorize Closed Session
R-54-2021
It was Moved by T. Bell, Seconded by J. Kirkland and Carried
That the Council of the Town of South Bruce Peninsula be authorized to proceed into “Closed Session on January 26, 2021 in order to address a matter pertaining to:
• Personal matters about an identifiable individual, including municipal or local board employees and Labour relations or employee negotiations (Delegation - Waterhouse Executive Search re CAO Search and Recruitment and
1 Regular Council - 02 Feb 2021 Page 24 of 252 Interviews)(Delegation-Names Withheld to Protect Confidentiality-CAO Interviews)
7. Proceed into Closed Session
R-55-2021
It was Moved by J. Kirkland, Seconded by P. McKenzie and Carried
That Council proceeds into closed session. Time 8:03 am
8. Reconvene into Open Session
R-56-2021
It was Moved by K. Durst, Seconded by J. Kirkland and Carried
That the Council reconvenes to open session. Time 8:18 am
9. Reporting from Closed Session-Delegation-Waterhouse Executive Search re CAO Search and Recruitment and Interviews and Delegation-Names Withheld to Protect Confidentiality-CAO Interviews
Mayor Jackson indicated that conversations were held with the recruiter and direction was given to staff.
Mayor Jackson reported that there were no delegations heard with respect to the agenda item Delegation-Names Withheld to Protect Confidentiality-CAO Interviews.
Mayor Jackson reported that there was no discussion of any other issues outside of CAO recruitment.
10. Confirmatory By-Law
R-57-2021
It was Moved by P. McKenzie, Seconded by T. Bell and Carried
That By-Law 6-2021 Being a By-Law to Confirm the Proceedings of the Council of the Corporation of the Town of South Bruce Peninsula be read a first, second, third time and finally passed.
11. Adjourn
R-58-2021
2 Regular Council - 02 Feb 2021 Page 25 of 252 It was Moved by K. Durst, Seconded by P McKenzie and Carried
That the meeting adjourn. Time 8:19 am
______Mayor
______Clerk
3 Regular Council - 02 Feb 2021 Page 26 of 252 Committee of Adjustment December 16, 2020
Minutes
The Committee of Adjustment for the Town of South Bruce Peninsula met on Wednesday December 16, 2020 in the Municipal Council Chambers.
1. Call to Order
The meeting was called to order by Chair Harron. Time 9:00 am
2. Attendance and Regrets
Voting Members in Attendance, Councillor Terry Bell, Jim Martell (Deputy Chair), Gary Harron (Chair) and Rick Dean
Non-Voting Staff Resources Persons Jack VanDorp-Bruce County Planning (alternate secretary-treasurer), Eric Steele - Bruce County Planning - Bruce County Planning (All by Electronic Participation)
Angie Cathrae (recording secretary) (In Person Participation)
Absent Deputy Mayor Jay Kirkland
3. Declaration of Pecuniary Interest and General Nature Thereof
Chair Harron asked the Committee to declare any pecuniary interest at this point in the meeting or whenever required. None were noted at this point.
4. Public Notice/General Announcements
No public notices or general announcements were made.
5. Adoption of Minutes
R-27-2020
It was Moved by R. Dean, Seconded by J. Martell and Carried
That the minutes of the regular meeting of the Committee of Adjustment of November 25, 2020 be adopted as circulated.
I Regular Council - 02 Feb 2021 Page 27 of 252 6. Delegations
No delegations were scheduled.
7. File A-2020-062 Sanci - Planning Report Presentation, Public Meeting and Consideration of Decision
7 .1 Presentation of Planning Report for File A-2020-062 Sanci
Planner Eric Steele explained that the application is for an accessory structure which has already been built however the application must be considered as if no structure was built. The variance would permit an increase in the size of an accessory structure from 5 meters to 6 meters. The applicant has asked for a deferral of the decision because staff have requested a survey be commissioned to be able to confirm whether or not the accessory structure meets the setback requirements. Bruce County Planning recommends that the Committee defer its decision. Public and agency comments have been received regarding the application. Members of the Committee have the report which outlines the application and how it applies to the four tests for a minor variance.
7.2 Comments from members of the Committee
Chair Harron asked for comments from members of the Committee. Members had no comment.
7.3 Declare the Public Meeting Open to Consider A-2020-062 Sanci
Chair Harron declared the public meeting to be open. Time 9:06 am
7.4 Comments from Members of the Public
Gabriel Messina - Indicated that he lives at 85 Bunnyview Drive and the property is in his wife's name. He is here to speak for them. They purchased this property in 2018. They provided comments via email to Eric Steele. When they bought the property, the structure was not there. The construction of the structure began in the spring of 2020 and was quickly completed. Mr. Messina indicated that he follows the rules and they don't do anything sneaky or dishonest. They obtained their surveys and engineering reports but this person did not. The structure has a balcony and windows on the north and south. It is clear that this is not a shed and is for human habitation. Mr. Messina explained about the death in the bunkie in the summer in Sauble Beach and indicated that they don't want this type of tragedy here. There is a clear visibility from the structure window into his property as he is the neighbor to the south. The structure is closer to the to the property lines than what is permitted in the Town's by-laws. Mr. Messina has a survey that proves this. The applicant has posts from his fence on the adjacent neighbour's property. Mr. Messina indicated that he and his wife will be investing time and have chosen to invest in this Town and they don't like the tension that this has provided. The owner went and got the neighbours to sign a consent
2 Regular Council - 02 Feb 2021 Page 28 of 252 document and the engineer is a neighbor. He feels that things should be done with honesty. Based on the application, the person who built the structure is a home builder. Mr. Messina knows this because he googled the applicant. He asked if it would make sense that the applicant would know the rules because he is a builder. It is felt that he did and was caught. Mr. Messina drove here from Toronto this morning and he doesn't like sneaky people. With regard to human habitation, the property in question is deemed a party house in the neighbourhood. The way the structure is built, there is a concrete patio right beside. The inhabitants of this property use foul language and he has children around. It would be na"fve to believe that there would be no human habitation; why would there be windows, a balcony and a staircase leading up to the second floor. The structure has a 3 foot pitch he believes and there is room for a human to stand comfortably in the upstairs. He believes that the building was meant for partying. He likes the fact that the survey is being completed. He and his wife are struggling to understand how the structure was built. They would have changed their positioning of their home if the structure had been there before they built. Mr. Messina indicated that of course there were people who were in agreement with the build, you go to like-minded people to get like minded support.
A member of the Committee commented that the letters of support all appear to be identical and are form letters signed by people.
Mr. Messina indicated that this is the case. He believes that the applicant took these forms to the neighbours around Thanksgiving. He commented that he assumes that it is a friend of the applicant who did the engineering. The window that faces his property is the concern. It shows on the picture that there are four feet footings for the structure and he suspects that that may or may not be accurate. He is knowledgeable in this because he has spent the last year working with engineers and our building department and he wanted to speak knowledgeably to the Committee. His wife and he would have been fine with the structure if the individual had followed the rules. It will take Mr. Messina a year to build his structure because he is following the rules.
Chair Harron explained the four tests for a minor variance under the Planning Act and that building without a permit is to be taken up with the Town. He explained the limits of the responsibilities of the Committee of Adjustment.
Planner Van Dorp explained that the application came to the Committee of Adjustment because the Building Division were advised of the building and upon inspection, felt that it did not meet the zoning provisions. The applicant was advised to make the building conform or that he could apply for a minor variance. Director of Legislative Services/Clerk Cathrae confirmed that this was correct.
Mr. Messina explained that he wants the neighbor to meet the zoning provisions. The applicant is a builder and must know his craft. Another neighbor had applied for something like this 10 years ago and they were denied.
3 Regular Council - 02 Feb 2021 Page 29 of 252 A member of the Committee expressed concern that this was a local builder who circumvented the rules and this may create a precedent.
Planner VanDorp indicated that we haven't been able to properly evaluate the setbacks because they cannot be confirmed without obtaining a survey. As this is the advertised public meeting, we can hear from the members of the public and the recommendation is to defer the decision.
Sergio Valente - Explained that the property backs onto them. They are 81 Bunnyview Drive. He doesn't feel that this complies with the by-laws and the setbacks. It has a patio. They put up a privacy fence and the posts are on the Valente's property. The applicant has planted the support posts on their property. There has also been a lot of dumping on his property from this property. The building went up quickly. They don't want people partying in their backyard. Mr. Valente hopes that the by-laws are there for everyone. It is a bad example to go ahead and building something. The building should be shorter. They like to be good neighbours to all of their neighbours. The people who support this don't have this in their backyard.
Elena Valente - Indicated that her concern is how this had all come into fruition. This is a person who has been knowingly defiant. He works with a builder and should have known very well that he had to abide by the by-laws of the County and he did not. That is a strike against him. He didn't present a survey and she calls this a bunkie. The Town is being sidetracked because in the future it will be for human habitation. The way that he is not respecting the by-laws of Bruce County is not right.
Chair Harron clarified that this is South Bruce Peninsula and the by-laws are from the Town not Bruce County.
Mrs. Valente indicated that the by-laws were not abided by, for his own purpose. If he had abided by the by-law, it would have been different. He will do this again. This will set a precedent.
Chair Harron indicated that each application is looked at on their own merit and that one decision of the Committee does not set precedent for other decisions.
Mrs. Valente wanted to know why he is getting away with it and she wants people to abide by the by-laws. The people are throwing construction debris on her property - she doesn't have proof but every time she comes up there is more and more. This is a waste of time because this should have been done properly and this person was at fault and he needs to be put in place and corrected. It is hoped that this will be made to be legal and accurate.
7.5 Read Written Submissions Received
Written public submissions were included with the planning report. Agency comments were included in the report.
4 Regular Council - 02 Feb 2021 Page 30 of 252 Comments were received after the planning report was completed. The Director of Legislative Services/Clerk read the comments which are briefly summarized below.
Elena and Sergio Valente - provided photos of the structure which were circulated for the Committee to review.
Elena and Sergio Valente - in opposition to the variance. They feel that the structure is too high and too wide, is an eye sore, is higher visibly than the existing residential dwelling, there is evidence of construction debris on adjacent lots, the fencing support infringe on property lines and there are concerns about the safety of the structure considering it was built without permits.
Anita and Rainer Holz - in opposition to the variance. They wanted to build an accessory structure and were informed that a two storey building was not permitted so they changed their plans to one storey. They wondered why a stop work order was not placed on the building. They expressed concern with items in the planning report including the use of the abutting properties, the structure being identified as proposed and the reduction in the need for a larger footprint due to the height. They indicated that there is visual impact on their property, their privacy is impacted and that they do not want a two storey structure to become a precedent in the neighbourhood.
Gerry and Valerie Samson - in opposition to the variance. When they had a ten foot extension for their deck, they obtained a permit and had building inspections. They abided by the Town by-laws. If there was a permit, why did an inspector not stop the building process and now, months later, they are covering their tracks with this variance. This property is used for loud parties and there is yelling and foul language well into the night and more than the required number of guests during COVID. This has detracted from their enjoyment and set a precedence for future enjoyment.
7.6 Declare the Public Meeting to be Closed
Chair Harron declared the public meeting to be closed. Time 9:45 am
7.7 Consideration of Decision
Chair Harron indicated that the Committee would now consider a motion but were being asked for a deferral.
Director of Legislative Services/Clerk Cathrae explained the procedure indicating that this is the advertised public meeting where the public were permitted to speak to the application. If the decision is deferred, the same motion would be placed on the table at an upcoming meeting for consideration but there would be no further public meeting portion. The public would be permitted to be in attendance for the deliberation but would not be permitted to speak without leave from the Committee. It was explained
5 Regular Council - 02 Feb 2021 Page 31 of 252 that the recommendation is deferral however the Committee is permitted to make a decision as they see fit as the application is before the Committee for consideration.
It was Moved by R. Dean, Seconded by J. Martell
That the Committee of Adjustment has considered all comments which arose from the application circulation and public hearing and submits that the application satisfies the four tests for a minor variance;
And that the Committee of Adjustment approves the minor variance for application A- 2020-062 Sanci;
And that the minor variance permits the maximum building height of the accessory structure, constructed at 838 Sixth Street North to be 6m which is a 1m increase from the requirements of the Zoning By-Law;
And that the conditions are that the accessory structure shall not be used for human habitation and that the variance applies only to the development as indicated on Schedule A, to be attached to the decision;
And further that the members of the Committee of Adjustment in attendance will sign the Decision and permit the Secretary Treasurer to process the Decision in accordance with the provisions of the Planning Act.
Note: Both the mover and seconder withdrew their names from the motion; no other member would move or second the motion. Motion withdrawn from the table.
R-28-2020
It was Moved by G. Harron, Seconded by J. Martell and Carried
That the Committee of Adjustment has considered all comments which arose from the application circulation and public hearing and submits that the application does not satisfy the four tests of a minor variance;
And that the development is out of character with the existing pattern of development in the neighbourhood and therefore it does not meet the test of being appropriate and desirable development;
And further that the members of the Committee of Adjustment in attendance will sign the Decision to refuse the minor variance and permit the Secretary Treasurer to process the Decision in accordance with the provisions of the Planning Act.
8. File A-2020-055 Johnson- Planning Report Presentation, Public Meeting and Consideration of Decision
6 Regular Council - 02 Feb 2021 Page 32 of 252 8.1 Presentation of Planning Report for File A-2020-055 Johnson
Planner Steele explained that this application is to supplement a consent which would sever lands and facilitate a lot addition to correct encroachments on a neighbouring lot. The variance permits a reduced lot area from 5,000 sq m to 4,852 sq m. The application meets four tests for a minor variance.
8.2 Comments from members of the Committee
Chair Harron asked for comments from members of the Committee.
A member of the Committee asked if both properties are owned by the same individual. It was clarified that they are.
8.3 Declare the Public Meeting Open to Consider A-2020-055 Johnson
Chair Harron declared the public meeting to be open. Time 9:54am
8.4 Comments from Members of the Public
Dianna Johnson - Indicates that they own both properties and her daughter uses the one next door. They are just looking down the road to make it easier for it to be sold.
8.5 Read Written Submissions Received
No public written submissions received. Agency comments discussed with report.
8.6 Declare the Public Meeting to be Closed
Chair Harron declared the public meeting to be closed. Time 9:55 am
8.7 Consideration of Decision
R-29-2020
It was Moved by R. Dean, Seconded by J. Martell and Carried
That the Committee of Adjustment has considered all comments which arose from the application circulation and public hearing and submits that the application satisfies the four tests for a minor variance;
And that the Committee of Adjustment approves the minor variance for application A- 2020-055 Johnson;
7 Regular Council - 02 Feb 2021 Page 33 of 252 And that the minor variance permits the minimum lot area to be reduced from 5,000 sq m to 4,852 sq m;
And that the decision applies only to the retained lot as contemplated by consent application B-2020-100;
And further that the members of the Committee of Adjustment in attendance will sign the Decision and permit the Secretary Treasurer to process the Decision in accordance with the provisions of the Planning Act.
9. Review Terms of Reference
Director of Legislative Services/Clerk Cathrae indicated that if the meeting time is to be changed, the Committee Terms of Reference must be changed. While the Terms of Reference are open, it would be prudent to include the fact that both a Secretary Treasure and an Alternate Secretary Treasurer are appointed by the Committee. Members indicated that they preferred 1 0am for the meeting start.
No change to be processed to the Terms of Reference.
10. Secretary Treasurer/Alternate Secretary Treasurer Appointments
R-30-2020
It was Moved by R. Dean, Seconded by J. Martell and Carried
That Section 44(8) of the Planning Act requires the Committee of Adjustment to appoint a Secretary Treasurer;
And that the Committee of Adjustment deems it expedient to appoint both a Secretary Treasurer and an Alternate Secretary Treasurer in order to preserve continuity of business;
And that Angie Cathrae is appointed as Secretary Treasurer and Suzy Richardson is appointed as Alternate Secretary Treasurer;
And further that all previous appointments are hereby rescinded.
11. Correspondence
There was no correspondence to consider.
12. Matters of Urgency
No matters of urgency were presented.
8 Regular Council - 02 Feb 2021 Page 34 of 252 '
13. Reports from Committee or Local Board Members
No reports were received.
14. Upcoming Meetings
The next meeting date will be on January 27, 2021 at 10:00 am.
15. Unfinished Business
None.
16. Closed Session
Closed Session was not required.
17. Adjournment
R-31-2020
It was Moved by T. Bell, Seconded by R. Dean and Carried
That the meeting adjourn.
9 Regular Council - 02 Feb 2021 Page 35 of 252 Zoning By-Law Amendment 622 Mallory Beach Road Public Meeting
1. Presentation of Planning Report – Bruce County Planning
2. Declare the public meeting open to consider public comments with regard to file Z-2020-076 Kurtz, 622 Mallory Beach Road
3. Comments from members of Council
4. Comments from members of the Public
4.1 Each person: a) must state their full name b) will be allotted five (5) minutes c) may only speak once
5. Read written submissions received-subject to procedures
6. Declare the public meeting to be closed
7. Consideration of resolution
Regular Council - 02 Feb 2021 Page 36 of 252 County of Bruce Town of Planning & Development Department SOUTH BRUCE 268 Berford St PO Box 129 Wiarton ON NOH 2T0 BRUCE brucecounty.on.ca county 226-909-5515 E6 PENINSULA January 6, 2021 File Number(s): 2-2020-067 Public Meeting Notice You're invited February 2, 2021 at 9:00am South Bruce Peninsula Council Chambers 315 George St, Wiarton ON A change is proposed in your neighbourhood: The applicant proposes to construct a detached garage with a 32.92 square metre guest cabin located on the second floor. A zoning amendment is required to permit the use, to permit it on a second storey, and to permit greater than 23.2 square metres of floor area for the use. Zoning relief is also requested to permit the structure to have a height of 6.12 metres (20'1" ) vs. 5m permitted by the by-law, and exterior side yard setback and front yard setback of 3.048 metres to Mallory Beach Road/ 14th Avenue, vs 7.62 metres permitted by the by-law. The applicant proposes to relocate a shed within the property to have a reduced exterior side yard setback of 1.22 metres to 14th Avenue (vs 7.6 metres).
622 Mallory Beach Road Plan 439 Lot 89, Roll 410259000709700
Regular Council - 02 Feb 2021 Page 37 of 252 Learn more You can view more information about the application at https://brucecounty.on.ca/living/land use or in person at the County of Bruce Planning Office noted above, between 8:30 a.m. and 4:30 p.m. (Monday to Friday). Have your say Comments and opinions submitted on these matters, including the originator's name, address and other contact information provided, become part of the public record, may be viewed by the general public and may be published in a Planning Report and Council Agenda. 1. Please contact us by mail (address above) or [email protected] if you have any questions, concerns or objections about the application. Comments received after January 11, 2021 may not be included in the Planning reports, but will be forwarded to Council for consideration. 2. You can speak at the Public Meeting. The Planner on the file is: Jack Van Dorp. How to access the public meeting The number of people permitted in the Council chambers at any time will be limited to comply with Provincial regulations.
For further details regarding participation in the meeting please visit: https://www.south bru cepen ins ula.com/en/town-ha II/n ove I-co ron avirus-covid 19.aspx As an alternative to attending the public meeting, you are encouraged to submit written comments. Stay in the loop If you'd like to be notified of the decision of the approval authority on the proposed application(s), you must make a written request to the Bruce County Planning Department. Know your rights Section 34(11) of the Planning Act outlines rights of appeal for Zoning By-law Amendment applications. If a person or public body would otherwise have an ability to appeal the decision of the Council of South Bruce Peninsula to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to South Bruce Peninsula before the by-law is passed, the person or public body is not entitled to appeal the decision. If a person or public body does not make oral submissions at a public meeting or make written submissions to the South Bruce Peninsula before the by-law is passed, the person or public
Regular Council - 02 Feb 2021 Page 38 of 252 body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. For more information please visit the Local Planning Appeal Tribunal website at https:/ /elto.gov .on. ca/tribu nals/lpat Side Elevation showing height
4'-.nl\.11 N!N .l fA, ( f•r.l - CO"MU~",·IC'I b(Qr,1ftt.:, " -~l[JJ lil U==
~~::!~~;~~;!; ~
ofl• IISHt.b'M...... '()o ·'.,-,o SICf'til • C..'1¥ .U.HCNr~.) l~A!.-l)t'(;I co ,_,_~~ CO"t" ..Af PU"1"'t ~"!J hlHb -·· m'"' I I o•mru:11.:c.... 7Y..tr ,:;u..-... Tr."(·;oJ.L--•--1-- I c======3_......
Regular Council - 02 Feb 2021 Page 39 of 252 Site plan
_ _ J
Regular Council - 02 Feb 2021 Page 40 of 252 Corporation of the County of Bruce brucecounty.on.ca Planning and Development
Planning Report BRUCE To: Council of the Town of South Bruce Peninsula county From: Jakob Van Dorp, Senior Planner
Date: February 2, 2021
Re: Zoning By-law Amendment Z-2020-076 (Kurtz)
Recommendation: Subject to a review of submissions arising from the public meeting:
That Council consider passage of the zoning by-law amendment as attached.
Summary: The application was subject of a Public Meeting on January 19, 2021 . Due to an agency notice issue, a second public meeting was recommended for February 2nd to ensure statutory Planning Act Notice requirements were met. No further agency or public comments were received at the time of writing this report. The attached bylaw includes the height requested by the applicant and discussed at the previous public hearing. Staff has also added 6 cm to the maximum building length facing Mallory Beach Road to provide greater flexibility for building coverings. Staff recommends this be considered a minor change to the amendment.
Regular Council - 02 Feb 2021 Page 41 of 252 The Corporation of the Town of South Bruce Peninsula
By-Law Number XX-2021
Being a By-Law to Amend By-Law Number 122- 2009, as Amended, Being the Comprehensive Zoning By-Law for the Town of South Bruce Peninsula for Plan 439 Lot 89, Albemarle (622 Mallory Beach Road)
Whereas the Planning Act, RSO 1990 Section 34 provides for the passing of Zoning By-Laws;
And whereas in accordance with the Planning Act, application has been received to change the zoning provisions for the subject lands.
Now therefore the Corporation of the Town of South Bruce Peninsula enacts as follows:
1. That Schedule 'A' to the Town of South Bruce Peninsula Comprehensive Zoning By law Number 122-2009 as amended, is hereby further amended by changing the zoning of the subject lands from "R2 Resort Residential" to "R2-xx-2021 - Resort Residential Special" as shown on the Schedule 'A' attached hereto and forming a part of this by-law.
2. That By-Law 122-2009, as amended, being the Zoning By-Law for the Town of South Bruce Peninsula, is further amended by adding the following to Section 12.5 Special Provisions - Resort Residential Zone:
R2-xx-2021 - Resort Residential Special
• Minimum Front Yard Setback for an accessory detached garage is 4 metres. • Maximum Length of proposed garage along the Mallory Beach Road frontage is 9.86 metres. • Minimum Exterior Side Yard Setback for accessory detached garage is 3 metres. • Doors for the accessory detached garage must not face Mallory Beach Road • A guest cabin is permitted on the second storey of the detached garage • The maximum floor area of the guest cabin use is 33 square metres. • No plumbing fixtures are permitted on the second storey of the accessory building containing the guest cabin. • Maximum height for the accessory detached garage is 6.12 metres • Minimum exterior side yard setback for a 3.26 metre by 4.73 metre detached shed and a 4.1 metre by 4.27 metre wooden platform existing as of the date of passage of this by-law is is 1.22 metres
Regular Council - 02 Feb 2021 Page 42 of 252 3. That this by-law shall come into force and effect on the final passing thereof by the Council of the Town of South Bruce Peninsula, subject to compliance with the provisions of the Planning Act, R.S.O. 1990, as amended.
Read a first and second time this_ day of _____, 2021.
______Mayor
------Clerk
Read a third time and finally passed this _ day of ______, 2021.
______Mayor
------Clerk
Regular Council - 02 Feb 2021 Page 43 of 252 Schedule 'A' 622 Mallory Beach Road - Plan 439 Lot 89 - Roll 410259000709700 Town of South Bruce Peninsula (geographic Township of Albemarle)
N A
Colpoys Bay
0 30 60 I I I I I I I Metres
: _____• • • • ••.. Subject Property
™J Lands to be zoned R2--2021 - Resort Residential Special
This is Schedule 'A' to the zoning by-law amendment number _____ passed this ___ day of ______
Mayor______Clerk
File: Z-2020-076 Applicant: Carrie Kurtz Date: January, 202 1 Regular Council - 02 Feb 2021 Page 44 of 252 Appendix A to By-Law 105-2020 Delegation Request Form
The Town of South Bruce Peninsula and its Committees and Local Boards reseTVe the right to refuse or defer any delegation at any time. Delegations appear strictly for information purposes only. Any discussion or decision will be at the discretion of Council. This completed form and supplementary material provided will be uploaded to the public agenda subject to rules of procedure. ---- I I am requesting delegation to speak: a) rn-'on my own behalf;.eF-- tJ.A}L} b) [von behalf of a group/ organization/ association, if b), please state name of group/ organization/association below. Ro Y/fL U/1.JA ();17& lk&/J/1J Nfune t) of Grou /Organization/Association (please print) '/) .,.. Name(s) of Speaker(s) (please print and include the names of all spokespeople) {2&;v0 T tt/?J-1 L';;,$ VE> /£E,.c:e,1.. 0176/4.l.9, Subject/Title of Presentation (please print) l-
Please describe below, the subject matter of the delegation. Full text of the presentation and all documents to be provided during the presentation must be attached to this document and provided in the electronic format requested by the Clerk.
..,JAN/,'? ) 2<12 !2 I
P~inted Name of Del~gation Represe~tati?"y~~~
Signature of Delegation Representat1ve:,_~-f-'l!~l!,((j~S,,--1,,~.A<=='---,=~--"'~""''------'----4,,=------
Address:_ -/ Telephone:--~~------
Fax: __-=====---Email: _
Confirmation of Mayor _.:✓:._ __ Yes _____,No Delegation Date fe..b 2 1"°2.02.. \ Prescribed Time (if permitted) Duration \ a C'Q \ II Completed and signed requests and all presentation documentation must be delivered to the Clerk by 12:00 noon on the Wednesday preceding the meeting of Council for which your delegation is scheduled. Delegations may be tentatively booked by the Clerk however will be confirmed by the Mayor. The delegation representative provides a signature on behalf of all spokespeople. The number of spokespeople will not be limited however all spokespeople will share the delegation duration. Additional or substitute spokespeople may be permitted upon approval by the Mayor; said approval must be sought and given prior to the beginning of the meeting when the delegation will be heard. By signing this request form, the signatory hereby agrees on behalf of all spokespeople to the public display of all information provided and the public recording of any delegation proceedings. Unless otherwise approved, all delegations must attend the meeting and be heard when Council reaches the title Delegations on the agenda. Failure to appear during that agenda item will result in the delegation not being heard.
Regular Council - 02 Feb 2021 Page 45 of 252 From:'Josephus Vanderzand · Sent: Wednesday, January 13, 2021 8:18 AM To: Angie Cathrae
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Presentation material for council delegation
Joe Vanderzand
Begin forwarded message:
From: Josephus Vanderzand Date: January 12, 2021 at 8:43:14 PM EST To: Subject: Delegation/Cenotaph
Joe Vanderzand/Royal Canadian Legion branch 208 delegation re; Cenotaph
Issues regarding Cenotaph
1. THE MONUMENT, the monument itself is suffering from a freeze thaw cycle and the space between the marble/stone section are getting greater. Directly on either side of the monument there are two planters that have a deteriorated foundation causing the stone work to crumble. This was first brought to Andrew Sprunts attention in the spring of 2016 2. WATERING OF FLOWERS, Wiarton Legion branch 208 has a long history of caring for the flower beds. This includes the hardscape building of the current beds in 2013, deciding what to plant, purchasing of plants ($500 covered by the BIA), caring, weeding and watering, as well as cleanup. The biggest issue in all of this has been the watering. The outdoor water setup is an issue as the meter needs to be removed in the fall and reinstalled every spring. This is creating issues, since my purchase of 583 in 2014 the meter has frozen 3 times which when it thaws has caused water to be spraying upon my building as well as water getting into the basement. In spring time the legion has to request the water to be turned on, this has at times taken two weeks to happen which then results in water needing to be carried from someone's home. (Nothing that seniors should be doing) It certainly makes me wonder what the costs are relating to minimum of two trips to install/remove meter, replace 3 meters, plumbers to fix burst pipes. 3. MURAL, The Mural that depicts our contributions to Wiartons involvement in the war has reached the end of its life. The plywood it is painted on is absorbing water as well as the paint is fading. This Mural is mounted on the brick wall of my building, when I purchased the building the legion asked for permission to be able to keep it there, which I granted. When it's deteriating state was brought to towns attention a few years ago I was informed that it hangs on my building and therefore it is my responsibility. Hmmmm! !!! !! 4. SEWAGE, In 2018 I started experiencing sewage backup issues at my lawn bowling building. After some dirty investigative work it turns out that the sewage pipe had collapsed. This collapsed pipe was not on my property and therefore I thought it was towns responsibility to repair it. But it was not on towns property either so town washed their hands of it as they only
3 Regular Council - 02 Feb 2021 Page 46 of 252 assume that responsibility on municipal property. I now had to acquire permission from RBC to be able to work on their property. To all of our surprise when the contractor did the repair he found that the pipe runs into a septic tank. Hmmm, and all these years I've been paying town for sewage charges. 5. RETAINING WALL, the retaining wall located behind the cenotaph monument is deteriating. This has been taking place for some time now. In 2015 when I purchased the lawn bowling building this retaining wall had pushed and caused a shift of 6 to 8 inches on my block lOxl0 building situated directly to the east. The damage caused made it beyond repair. The cause is likely from improper installation of the retaining wall, such as no drainage or the drainage has plugged up over the years
The possible Solutions
1. the monument would [jkely need to be assessed by a stone mason, possibly disassembled, all the old caulking removed and rebuilt. The planters on either side could very well be removed entirely as they have a boxwood plant in them that could be part of the problem as well they are of a maturity that they are covering up the inscriptions on the monument itself. Perhaps they could be turned into flower beds. 2. My solution to watering has been suggested to staff before but let's try with council. Locate the water meter within the mechanical room of my building and put a frost free tap through the wall. Other than initial cost of install there would be no further charges. As for the water entering my basement, I'd like to install a waterproofing membrane as well as a big "O" drainage pipe. 3. I will be removing the mural from my wall. My recommendation is to put in two foundation posts a foot or two lrom the wall. Two posts and framing would support a new mural. I'm currently discussing with some of our veterans as to what a new mural should look like, are we missing any content that should be portrayed. The cost of replacement will likely be in the $12- 15K range as the current one was lOK in 2006. Through Deep Water Gallery, our art program at the high school and local artists it is hoped that this can be brought to fruition. I chair the Cenotaph Committee at the legion and discussion is underway to get a fund raising campaign in gear. It is our intent to raise additional funds, if all of the things in discussion come to be it was recommended that we alter our flower beds and raise them using armor stone. The height of that would be seating height which would achieve two things, make it easier for our seniors to tend the beds and allow for people to sit making it somewhat more interactive. Our Cenotaph account at the legion is currently at $680, of which $500 has already been donated by the Vanderzand clan. I hope there is an appetite for this council to contribute to the fundraising initiative, it checks a few boxes. Arts and culture as well as beautification of municipal property, a BIA mandate. 4. As for a sewage issue, I have been at loss for quite some time as to overcome this problem. To date I have been working on trying to put a new sewage line through the Cenotaph property which could tie in to the new sewer line that is being installed due to the big dig. This has been a frustration as I feel town should bear some responsibility, but what I get back from town is that you want me to pay for a survey and registering an easement document. At no point has any kind of solution been presented to me from town. So I don't think that remaining on a septic system is an answer either. So the solution that I will likely move forward on is to put in a sewage lift pump and tie it into my sewage line of 583. However what I would like to see from town is a credit, this credit represents the sewage portion of my utility bill and moving forward I
4 Regular Council - 02 Feb 2021 Page 47 of 252 no longer receive a utility bill for the bowling green building as I've already put a water line in to service it from 583. 5. I propose the following, town removes the existing block wall retaining wall and I will replace it with an armour stone wall that complements the stone work of the planters. This agreement would in turn resolve a five year dispute over the ownership of a 22' parcel of land that I hold adverse possession over.
Joe Vanderzand Please note my new email address and adjust your contact list. Thanks
5 Regular Council - 02 Feb 2021 Page 48 of 252 Appendix A to By-Law 105-2020 Delegation Request Form
The Town of South Bruce Peninsula and its Committees and Local Boards reserve the right to refuse or defer any delegation at any time. Delegations appear strictly for information purposes only. Any discussion or decision will be at the discretion of Council. This completed form and supplementary material provided will be uploaded to the public agenda subject to rules of procedure. · IRequest for Delegation ··,: I am requesting delegation to speak: a) □ on my own behalf; or b) I!!! on behalf of a group/ organization/ association, if b), please state name of group/ organization/association below. ML Cor"'2.u\--\--\ n Name(s) of Group/Organization sociation (please print) Mar-, arw,e., Lo'-1.e... Name(s) of Speaker(s) (please print and include the names of all spokespeople)
please print)
Please describe below, the subject matter of the delegation. Full text of the presentation and all documents to be provided during the presentation must be attached to this document and provided in the electronic format requested by the Clerk. \ ~cr\--c_.~r'ld ft'es:::n-b--hon ~ ,e'-J·tew ( d ed Se-e,5'1 O\\ ddec5a:b 01, J ~ Printed Name of Delegation Representativy~~~bRnckw0 Signature of Delegation Representative: b------:; ~_c:::J Address: ______.....:=:.... ______
Telephone:------Fax: ______Email: ______
ii•ii•hh44 ■ if.i•ffitff ______,No Confirmation of Mayor Delegation Date. £-e~b *1'2.0"2...I Prescribed Time (if permitted) Duration \ • 5 "OU.V'S Completed and signed requests and all presentation documentation must be delivered to the Clerk by 12:00 noon on the Wednesday preceding the meeting of Council for which your delegation is scheduled. Delegations may be tentatively booked by the Clerk however will be confirmed by the Mayor. The delegation representative provides a signature on behalf of all spokespeople. The number of spokespeople will not be limited however all spokespeople will share the delegation duration. Additional or substitute spokespeople may be permitted upon approval by the Mayor; said approval must be sought and given prior to the beginning of the meeting when the delegation will be heard. By signing this request form, the signatory hereby agrees on behalf of all spokespeople to the public display of all information provided and the public recording of any delegation proceedings. Unless otheiwise approved, all delegations must attend the meeting and be heard when Council reaches the title Delegations on the agenda. Failure to appear during that agenda item will result in the delegation not being heard.
Regular Council - 02 Feb 2021 Page 49 of 252 luwn of SOUTH BRU([ The Corporation of the Town of South Bruce Peninsula P.O. Box 310, 315 George Street Mrnael Hume, CPA CG\ Wiarton, Ontario NOH 2T0 Diredorof Fnancial Servres Telephone: (519) 534-1400 ext. 106 ~ Fax: (519) 534-4862 rENINSULA Toll Free 1-877-534-1400 e-mail: [email protected]
Report To: Council 2nd February 2021
Report No: FIN-02-2021
Subject: Investment Performance 2020
Recommendation: THAT Finance report number FIN-05-2021 dated 22 January 2021 regarding municipal investment performance in 2020 be received,
AND THAT investment income on general funds earned in 2020 be allocated to eligible contributing reserve funds in accordance with section 7.e of the Town's Reserve and Reserve Fund policy.
Link to Strategic Planning: Goal 1: Supportive and Accountable Municipal Operations and Governance.
Background: The Municipality's financial investments are governed by the Investment Policy TR.19.1. The purpose of the policy is to invest all available funds of the Town in a prudent manner so as to maximize the rate of return while minimizing the degree of risk and ensuring an adequate level of liquidity. In accordance with the Reporting Section of our Investment Policy, the Treasurer shall report to Council the nature of investments held and returns generated each year.
Investments must also be made in accordance with Section 418 of the Municipal Act, 2001 as well as Ontario Regulation 438/97
Analysis:
Interest paid on Daily Closing Balances Funds on deposit at Royal Bank are for short term purposes and are regulated by our service agreement with them. The rate we earn on all overnight deposits is prime minus 1.75% and this serves as a benchmark by which to measure all other investment opportunities available to the Town.
Regular Council - 02 Feb 2021 Page 50 of 252 The negotiated rate at RBC does frequently exceed the rates offered by financial institutions on short term GIC's for less than one year duration.
RBC Prime rate began the 2020 fiscal year at 3.95% but was reduced by three consecutive 0.5% drops between 11 th March 2020 and 1st April 2020 as the effects of the covid pandemic made themselves felt on the financial markets and broader Canadian economy. By p t April 2020 prime rate had fallen to 2.45% and remained at that level to the present day.
Consequently, our investment returns were reduced as the effective rate earned was 0.70% throughout most of the 2020 fiscal year (prime 2.45% less 1.75%).
In early 2020, before the crisis hit, we had been earning 2.2% (prime 3.95% less 1.75%)
Guaranteed Investment Certificates We have historically been able to find best GIC rates at credit unions rather than Schedule 1 Canadian banks. To that end, we have held about $5.4 million with Meridian Credit Union in GIC's. We currently hold two GIC's with Meridian. One GIC maturing in 2021 bears an interest rate of 1.65% and one GIC maturing in 2022 bears an interest rate of 2.0%. Neither earth shattering rates by historical standards but quite competitive in today's financial market. A further GIC matured in September 2020 that earned 2.5%, but rates being offered for renewal were under-whelming and those funds are currently on hold pending reinvestment at acceptable GIC rates.
Investment Funds There was approximately $2.1?million on account with the ONE Funds program at the end of 2020. The portfolio includes investments in the Bond, Corporate Bond and Equity funds.
The ONE investment program has been designed for the municipal sector and has the advantage of offering more diversified medium and long-term investment opportunities that are designed for compliance with the Municipal Act restrictions on eligible investment vehicles.
Investment returns for the ONE Fund holdings of the Town were as follows:
Change In Market Annual Rate of Investment Type I Value 2020 ,,Return 2020
Short Term Bond 5.29% 2.98% Long Term Bond 7.54% 3.60% Equity 6.52% 4.28%
2 Regular Council - 02 Feb 2021 Page 51 of 252 Trust Fund Investments
A portion of the charge for every burial or cremation plot is set aside to be held "in trust" to generate income to cover cemetery maintenance in perpetuity.
During 2020 and prior years, the Town has held these perpetual care trust funds both in general bank accounts at RBC as well as GICs held by Scotiabank.
Historically, GIC trust investments have been laddered with varying long maturity dates to take advantage of higher long-term rates. This is made possible by the nature of perpetual care funds since the principle is not intended to be drawn down, but rather the income is to be used for the ongoing care and maintenance of the Cemetery.
At some point over the last few years this long-term approach was neglected and these GICs were combined into a solitary investment with a one-year maturity term. Our one-year GIC matured late November 2020 and reinvestment rates offered to us were equal to what we could earn in our general bank accounts at RBC (around 0.7%). The maturing funds were therefore transferred to RBC general bank accounts to be held for suitable reinvestment opportunities at attractive rates when market conditions improve.
Options: Council may accept the recommendation of this report or provide alternate direction.
Attachments: One: Investment Allocation as at 31 st December 2020 Two: Investment Listing as at 31 st December 2020
Inter-Departmental Impact The Treasurer is responsible for investing surplus funds of the Town and reporting to Council on an annual basis in accordance with the Investment Policy TR.19.1
Financial Implications: ~pproval of Director of Financial Services Cautious and prudent investment of available funds in accordance with the Investment Policy and provincial regulations will increase investment revenue earned for tax supported operations and enhance the funding capacity of reserve funds.
$4,578 was earned on Trust Fund investments during 2020 and transferred to Cemetery operations to assist with the cost of maintenance activities. This represents an investment return of 1.44%. The Treasurer will take action to reestablish a long-term investment plan for these funds during 2020 as opportunities arise because it has unfortunately become very short term in nature and out of line with the principle of matching investment duration to the timeframe for the expected use of funds.
3 Regular Council - 02 Feb 2021 Page 52 of 252 $388,878.95 was earned on General investments during 2020 which represents an overall rate of return of 1.66% on opening balances of $23,431,000.
Investment funds represent a combination of general operating funds (taxes levied, grants received and user fees) and monies put aside in reserve funds for future uses (capital replacement and deferred revenue accounts).
In anticipation of an operating surplus for the 2020 fiscal year, the Treasurer recommends that the ultimate full amount of general investment income earned during 2020 (at date of writing $388,878.95 be paid to eligible interest-bearing reserve funds in accordance with the Reserve and Reserve Fund policy. This action will • enhance the Town's capacity to fund capital projects in the future, • meet statutory obligations to pay interest on deferred revenue accounts, development charges and grant income received. It is not expected that any portion of 2020 general investment income will be needed to support of fund 2020 operational deficits.
Expected Date of Completion: Investment income allocation to eligible reserve funds is normally processed by 31 st March of the following year once all funding entries have been processed and the closing reserve fund balances is known.
Respectfully submitted,
Michael Humble, CPA, CGA Director of Financial Services
Date: 22nd January 2021
4 Regular Council - 02 Feb 2021 Page 53 of 252 Regular Council- 02Feb2021
Appendix One: FIN-02-2021
General Investment Allocation As At 31st December 2020
Investment Description Amount Invested % of Total Cash & Cash Equivalents s 18,216,338.21 77.96% Guaranteed Investment Certificates s 3,347,785.27 14.33% ONE Funds Bond Fund s 938,878.85 4.02% ONE Funds Universe Corporate Bond Fund s 238,001.57 1.02% ONE Funds Equity Fund s 625,654.29 2.68% TOTAL $ 23,366,658.19 100.00%
Trust Fund Investment Allocation As At 31st December 2020
Investment Description Amount Invested % of Total Cash & Cash Equivalents s 319,115.50 1.37% Guaranteed Investment Certificates s - 0.00% TOTAL $ 319,115.50 1.37% Page 54 of252 Regular Council- 02Feb2021
Appendix Two: FIN-02-2021 Investment Listing As At 31st December 2020
Principal Market Value of Institution Investment Type Use of Funds Interest Rate Maturity Date Investment Investments - ~- -- -~ ...... ,,,.,z::. - ,--:'.',-t;, ·- --:.• ~-_Jt "#"~ s lf"'f - _::3l --·-- · -•••b~~--" . . ·-=di.,,,,=~, - ~~ Royal Bank of Canada Cash General Bank Account $ 16,161,964.93 0.70% OPEN Royal Bank of Canada Cash Perpetual Care (Bayview) $ 175,372.71 0.70% OPEN Royal Bank of Canada Cash Perpetual Care (Albemarle) $ 143,742.79 0.70% OPEN Meridian Credit Union Cash General/ Reserve Funds $ 175.08 0.60% OPEN Meridian Credit Union Cash General/ Reserve Funds $ 2,054,198.20 0.60% OPEN ·":"':'-:;; _;_.;,_·.;.-:: ;,.;. ~ --" ... ..;;; -~;:-~-_:a_._ J: ''i.+...... _.~ 0cn,x~,w ~= ==7-~~==~ . -- \:t-.:" ,~- ¢;-t'iti,~~- ;.;:. ~= ·;,.,.,-..:::::. =·-:-=.~ Meridian Credit Union GICl0 General/ Reserve Funds $ 1,347,785.27 1.65% 3-Jun-21 Meridian Credit Union GICll General/ Reserve Funds 2,000,000.00 2.00% ___ .;;::__ $ 3-Jun-22 ~ w." -.. , .. , . ~?-~t::I - . ~ - - ~21 - ·--,-- ~ ONE Funds Bond Fund -- - ~ Bond General/ Reserve Funds $ 938,878.85 N/A OPEN $ 910,469.66 ONE Funds Universe Corporate Bond Fund Bond General/ Reserve Funds $ 238,001.57 N/A OPEN $ 251,125.61 ONE Funds Equity Fund Equity General/ Reserve Funds $ 625,654.29 N/A OPEN $ 1,010,289.89 Page 55 of252 li.Nmuf SOUTH BRUC[ The Corporation of the Town of South Bruce Peninsula P.O. Box 310, 315 George Street Michael Hurrble, CPA CG6. Wiarton, Ontario NOH 2T0 DiredorofFinancial Selvres Telephone: (519) 534-1400 ext. 106 ~ Fax: (519) 534-4862 PENINSULA Toll Free 1-877-534-1400 e-mail: [email protected]
Report To: Council 2nd February 2021
Report No: FIN-03-2021
Subject: Statement of Council Remuneration and Expenses for 2020
Recommendation: THAT Finance report number FIN-03-2021 dated 22 January 2021 regarding the Statement of Council Remuneration and Expenses for 2020 be received.
Link to Strategic Planning: Goal 1: Supportive and Accountable Municipal Operations and Governance.
Background: This report is being prepared in accordance with the Municipal Act, 2001 (s) 284 (1) Statement - The Treasurer of a municipality shall in each year on or before March 31 st provide to the Council of the municipality an itemized statement of remuneration and expenses paid in the previous year to,
a) each member of Council in respect of his or her services as a member of the Council or any other body, including a local board, to which the member has been appointed by Council or on which the member holds office by virtue of being a member of Council; b) each member of Council in respect of his or her services as an officer or employee of the municipality or other body described in clause (a); and c) each person, other than a member of Council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body.
Options: Prepared in accordance with the Municipal Act, 2001 (s) 284 (1)
Attachments: One: Statement of Council Remuneration and Expenses for 2020.
Inter-Departmental Impact: None
Regular Council - 02 Feb 2021 Page 56 of 252 Financial Implications: ~Approval of Director of Financial Services None. This is a compliance report based on the previous year's data.
Expected Date of Completion: Upon receipt of information report.
Respectfully submitted,
~ cS $S Sf:=:> Michael Humble, CPA, CGA Director of Financial Services
Date: 22nd January 2021
2 Regular Council - 02 Feb 2021 Page 57 of 252 Regular Council- 02Feb2021
2020 Statement of Council Remuneration and Expenses
Computer Conventions and and Remuneration Mileage Telephone Conferences Total Council
Mayor Janice Jackson $ 42,857.17 $ 2,292.54 $ 600.00 $ - $ 45,749.71 Deputy Mayor Jay Kirkland $ 31,035.11 $ 1,515.12 $ 600.00 $ - $ 33,150.23 Councillor Paul McKenzie $ 27,216.93 $ 317.42 $ 650.00 $ $ 28,184.35 Councillor Kathy Durst $ 25,123.32 $ 693.84 $ 600.00 $ 1,187.24 $ 27,604.40 Councillor Terry Bell $ 25,123.32 $ 138.65 $ 600.00 $ - $ 25,861.97
$ 151,355.85 $ 4,957.57 $ 3,050.00 $ 1,187.24 $ 160,550.66 Local Boards and Appointments
Police Services Board
Mayor Janice Jackson $ 636.72 $ 74.34 $ - $ - $ 711.06 Gary Wood $ 636.72 $ 108.56 $ - $ $ 745.28 David Sherlock Page 58 of252 $ 636.72 $ 56.64 $ - $ 693.36
$ 1,910.16 $ 239.54 $ - $ $ 2,149.70
$ 153,266.01 $ 5,197.11 $ 3,050.00 $ 1,187.24 $ 162,700.36 The Corporation of the Town of South Bruce Peninsula P.O. Box 310, 315 George Street Wiarton, ON AngieCathrae NOH 2TO DiR!Clorof l.egislative Telephone: (519) 534-1400 ext 122 Setvices,Clerk Fax: (519) 534-4862 Toll Free 1-877-534-1400 e-mail: [email protected]
Report Re: Council, February 2, 2021
Report No: LS14-2021
Subject: COVID Discussion
Recommendation: That Council receives report LS14-2021 COVID Discussion, dated February 2, 2021 for information.
Link to Strategic Planning: Goal 1: Transparent and Accountable Governance would be the general link to the Strategic Plan
Background: This report provides Council with the opportunity to discuss the pandemic and any concerns, questions or operational changes which Council feels are required as result of the COVID19 pandemic.
At the time of writing this report, there have been 657 confirmed cases in the Grey Bruce Health Unit area. 30 cases are active, 2 people are hospitalized and there have been no deaths. Of the 657 cases, South Bruce Peninsula has had 18 cases.
The Province declared an emergency on January 12, 2021; new restrictions came into effect on January 14, 2021. This included a stay at home order for all Ontarians.
Pfizer has halted shipment of its vaccine to Canada meaning that Canada will receive no vaccine from the company in the week of January 25, 2021. At the time of writing this report, little is known about the circumstances leading to this issue.
In South Bruce Peninsula, Town Hall remains open for curbside pick up and drop off only. Staff who are able are working from home. Staff hours have been adjusted, in keeping with the spirit of the stay at home order, meaning that Town Hall is closed on Wednesdays (the Financial Services Department is not working) and the Building Division is not working on Mondays. Facilities such as the Wiarton Arena and the Sauble Beach Community Centre remain closed to the public.
Options: No options are being presented as this is an information report, meant to begin open Council discussion.
Regular Council - 02 Feb 2021 Page 59 of 252 •
Attachments: None.
Inter-departmental Impact: All departments are impacted by the pandemic.
Financial Implications: ~Approval of Director of Financial Services
There are no specific financial implications with regard to the ongoing discussions. Any Council direction with regard to operational changes may have financial implications. Staff continues to track COVID related expenses.
Expected Date of Completion: Dependent upon the direction of Council.
Prepared by, Respectfully submitted,
e egislative Services/Clerk Chief Administrative Officer
Date: '.2..I l '2o2.l ✓Ctn~ Date: ------
Regular Council - 02 Feb 2021 Page 60 of 252 The Corporation of the Town of South Bruce Peninsula P.O. Box 310,315 George Street Wiarton, ON AngieCathrae NOH 2TO Direclor of Legislative Telephone: (519) 534-1400 ext 122 Setvices,Clerk Fax: (519) 534-4862 Toll Free 1-877-534-1400 e-mail: [email protected]
Report Re: Council, February 2, 2021
Report No: LS15-2021
Subject: Integrity Commissioner 2020 Annual Report
Recommendation: That Council receives the 2020 Annual Report submitted by the Integrity Commissioner;
And further that staff are directed to place the annual report on the Town website for public viewing.
Link to Strategic Planning: Goal 1: Transparent and Accountable Governance would be the general link to the Strategic Plan
Background: Mr. Robert Swayze is the Integrity Commissioner for the Town. Under the contract for the provision of services, Mr. Swayze is to provide an annual report to Council in either a written or in person format. Mr. Swayze has provided for Council consideration, a written report for his activities in 2020.
The report spans the period from January 1 to December 31, 2020. The Municipal Act, 2001, as amended, Section 223.5 (1) indicates that the Integrity Commissioner has a duty of confidentiality and preservation of secrecy and Section 223.6 (1) and (2) provides that when reporting on whether a member of Council has contravened the applicable code of conduct, he or she may disclose such matters as in the Commissioner's opinion are necessary for the purposes of the report. The Municipal Act, 2001, as amended, Section 223.6 (3) directs that the report received from the Integrity Commissioner must be made available to the public.
Options:
a) Receive the report, as presented, and place the report on the municipal website for public viewing.
b) Seek further clarification from the Integrity Commissioner regarding his activities in 2020, as they related to South Bruce Peninsula.
Regular Council - 02 Feb 2021 Page 61 of 252 Attachments:
One 2020 Annual Report of the Integrity Commissioner
Inter-departmental Impact: The Clerk's Department is the main point of contact with regard to the execution of the provisions contained in the contract with Mr. Swayze. Mr. Swayze interacts separately and independently as an Officer of the municipality, reporting directly to Council.
Financial Implications: ~ Approval of Director of Financial Services
The 2020 approved budget for Integrity Commissioner services was $20,000. The Town paid $7,770.39 for services provided in 2020.
$20,000 has been included in the 2021 budget for Integrity Commissioner services.
The Town paid $10,324.57 in 2019 for Integrity Commissioner services.
Expected Date of Completion: Once the report is received by Council, no further action is required in this regard.
Prepared by, Respectfully submitted,
thrae of Legislative Services Chief Administrative Officer
Date: ~ Qnuod 21 J '20£...-\ Date: ______
Regular Council - 02 Feb 2021 Page 62 of 252 2020 ANNUAL REPORT OF THE INTEGRITY COMMISSIONER
THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA
Robert J. Swayze Integrity Commissioner 20736 Mississauga Road Caledon, ON L?K 1M7
Regular Council - 02 Feb 2021 Page 63 of 252 Introduction
I was appointed as the Integrity Commissioner for the Town of South Bruce Peninsula by agreement pursuant to subsection 223.3(1) of the Municipal Act, 2001 on June 1, 2019 for a term of 1 year. A subsequent agreement executed in May of 2020 extended the term to May 31, 2024.
This is the second annual report that I have prepared and it covers the calendar year 2020.
Duties of the Integrity Commissioner
The functions of an Integrity Commissioner are set out in subsection 223.3(1) of the Municipal Act, 2001 which provides as follows:
223.3(1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the following:
1. The application of the code of conduct for members of council and the code of conduct for members of local boards.
2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards.
4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.
5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.
6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.
7. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality's codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act.
Complaints Received
During the year, I received only two complaints against a member of Council, both of which were summarily dismissed by me. It is my practice to provide comprehensive reasons when 2
Regular Council - 02 Feb 2021 Page 64 of 252 I dismiss a complaint which provides a full explanation to the complainant. I am required by the Municipal Act to anonymize complaints in annual reports and have done so below.
The first related to the alleged entry by a staff member into a residence without permission of the owner. As Integrity Commissioner, I have no jurisdiction over staff and when I advised the complainant accordingly, the complaint was expanded to include a heated phone call with a member of Council. I investigated and found that there was no improper entry of the residence and that the complainant caused the heated phone call.
The second complaint was in relation to the closed session procedure where a member has a conflict and does not attend the meeting. I found that the procedure adopted by the Clerk was completely in accordance with the Municipal Act and there was no contravention of the Code of Conduct by the respondent.
Advice Provided
I received only two requests for advice from a member of Council and one from a member of the public. The Act requires that all requests for advice be made in writing. It is my policy to accept telephone calls from members of Council requesting advice, but require an E-mail to be sent to me before expressing my opinion in writing. The advice I provided during the year will remain confidential.
Closing Remarks
I commend Council for being one of my Ontario clients with the lowest complaint activity which speaks well for both members of Council and staff. I am grateful for the trust that Council and the Town have placed in me to be the Integrity Commissioner. I would like to particularly acknowledge the support and assistance that I have received this past year from Ms. Angie Cathrae, Director of Legislative Services.
Attachments
None.
Prepared by,
Robert Swayze, Integrity Commissioner Date: January 15, 2021
3
Regular Council - 02 Feb 2021 Page 65 of 252 Town of SOUTH BRUCE The Corporation of the Town of South Bruce Peninsula P.O. Box 310,315 George Street Wiarton, ON Angie Cathrae NOH 2TO Director of Legislative Telephone: (519) 534-1400 ext 122 Services,Cler1< Fax : (519) 534-4862 ..l'ENINSUlA Toll Free 1-877-534-1400 e-mail: [email protected]
Report Re: Council, February 2, 2021
Report No: LS16-2021
Subject: Deeming By-Law Request, 109 Symon Ave, Greene
Recommendation: That the necessary by-law to deem Lot 86, Lot 85 and Part Lot 84 Plan 320 not to be lots in a plan of subdivision be placed on an upcoming Council agenda for consideration.
Link to Strategic Planning: Goal 2: Sustainable Infrastructure would be the general link to the Strategic Plan.
Background: Frances Greene is the owner of 109 Symon Avenue and the vacant property beside 109 Symon Avenue. While the property contains two whole lots and one part lot in the plan of subdivision, legally, there are two properties: Lot 85 and Pt Lot 84 Plan 320 are one property and Lot 86 Plan 320 is the second property.
Ms. Greene has asked the Town to deem the properties together. She wishes to own one lot, receive one tax notice and formally have one address.
In reviewing the request, staff have determined that it is likely that the vacant lot contains the septic bed (determined based upon the photos taken during the 2014 septic system re inspection program). Staff do not have information regarding the location of the well and septic system on the neighbouring lot (107 Symon Ave) which would be required should the vacant parcel be developed. Reviewing the vacant lot size and the R2 zoning provisions, the vacant lot does not have adequate lot area or lot frontage. Meeting the required setbacks and locating a well and septic system on the property could potentially be challenging, if not impossible. The lots are not on municipal services so there is no concern with regard to the elimination of a water service.
Deeming a property means that the separate lots of record would no longer be recognized lots in the original plan of subdivision and as such, as long as they are registered on title in the same ownership name, the lots would be merged on title.
Attachments:
Regular Council - 02 Feb 2021 Page 66 of 252 One R2 Zoning Provisions Two Maps and Property Photos in Colour Three Proposed Deeming By-Law
Options:
a) Move the by-law forward for consideration.
b) Not move the by-law forward for consideration.
Inter-departmental Impact: The Clerk's Division processes the Deeming By-Laws and works with the solicitor regarding registration on title. The Building Division awaits the results of the Deeming By-Law prior to the issuance of any permits or determination of zoning compliance.
Financial Implications: mApproval of Director of Financial Services The processing of the Deeming By-Law is funded by a fee for the service ($500). This fee covers the solicitor costs for the title search and registration of the by-law on the title of the properties. It also covers the time required by staff and Council to process the application.
It is not known the impact on assessment and subsequently on taxation which will be realized by the deeming of the properties.
Expected Date of Completion: The by-law would be considered for readings at the next Council meeting and once adopted would be registered on the titles of the lots.
Prepared by, Respectfully submitted,
a rae of Legislative Services Chief Administrative Officer
Date: 0anua.d '2..\, -Z.0'2-l Date: ------
Regular Council - 02 Feb 2021 Page 67 of 252 Resort Residential R2 Section 12 Resort Residential Zone R2
12.1 Scope
No uses are permitted on lands zoned Resort Residential Zone R2 unless expressly permitted by this By-law.
12.2 Permitted Uses (Amended Child Care By-Law 42-2016)
• Single detached residential dwelling • Accessory uses, buildings and structures in accordance with Section 6.1 • Home Child Care • Unlicensed Child Care in a permitted dwelling
12.3 Zone Provisions
Minimum lot area 5000 m 2 (53,821 ft2) Minimum lot frontage 30.5 m (100.1ft) Minimum front yard 7.5 m (25 ft) 3 m (9.8 ft) - For existing lots with a frontage of Minimum interior side yard 60 ft. or less the minimum side yard requirement ( for one side yard may be reduced to 1.5 m (5 ft). Minimum exterior side yard 7.5 m (25 ft), Minimum rear yard 10 m (33 ft) 10.5 m (34.5 ft) or two and a half (2.5) stories Maximum building height whichever is lesser Maximum lot coverage 30 % 2 2 Minimum ground floor area 102.2 m (1,100.1 ft )
12.4 Island Development - Zone Provisions
Despite Section 14.3, no person shall erect and/or use any building or structure on an island except in accordance with the following provisions: 2 ha (4.94 ac) with at least 1 ha Minimum Lot Area (2.47ac) above the high water mark Minimum Building Setback from the High Water Mark 15 m (49 ft) Minimum Ground Floor Area 50 m2 (538 ft2) Maximum Building Height Main Building 10 m (32.8 ft) Maximum Building Height Accessory Building Sm (16ft) Maximum Number of Accessory Buildings 3 Maximum Lot Coverage 8 %
Town of South Bruce Peninsula Office Consolidation Zoning By-law 122-2009 106 January 2019
Regular Council - 02 Feb 2021 Page 68 of 252 ---..-- ·-~:--~ .'do~·.~·._:~~j-n ff--- 1t -· ...... ·- .. --····-· ..--· ·-··J------,.-- ·-··-··--·------.....,-. •·• ·-···· ·--- -- .. · -· I- f ~.. . :-~- (f j1- ~ ..~ ~r ·--··:--:o --3 '.2 . __ ·····-·--······ - : ~ ... ---·-··-· _ ,_., - . - t . . ·•--•..•.
~f :~ ...... :11: ..:. :( : . . . : . - 11~-.C . _! io (!:"'' I . j - \>d>·.. l~ p .J)t::: •-• ·-f+ i :.. ·. : : •~ . ~~-I···.· : ~ -.'--/ ---· J .... I . ... -·-- i---l-·· ·;·· .... - ··- ·-· - -···· •··•--··
i •. . . ------1---i.,-,~, •.- _-.,. ··• -- !.. _ ..--""!"~ ( -_ -- -"-,-- -.:.·-· ·-··--· ·--....-·------··-··-····--· -·•- ---·· ···-- -·; ·-1···-· - . ... '·-=2 \U (,) - -' ··-··· -______. _ --.. - . ., -----··· , .j"v; ~ ... . -. -·-···_:_- ·.. .. _. -·---i_ .. ·- ·l~1-· t -:~~ ·. . ··-- --·-:·· -·-·.••0\{} ---·- . . ---·-··-· ~· ·- ····--: ···-~-----·-.~-'~ dJ-...:.. ~ ...... --- .. -·~--.. f ··-·-··· ·---. -· ;}11-,·- ;.--:-.. -. ... - o . ~\ ~~: .J.: .--· ·- --.: --:--i--·-p~-;.. ~.;'.····-·-.-.-·-- -..·. ..l . ..i _._ _·· ·· • . -..~h ·.... ·- UJ (-J. ;ii. ' - --' .. ·-· -· -·ij-~--L - - ~- . ··- -· .. ··--···--•.-· ·m· - ·-;-:__ I ,:- -·~ ;-- ·:---.:.J··t : --·.-·· ···-: --\- - !· \ : ' -- --· -· ·· •··· ...... ·.. . .. ::=~·:·•-• .-- ~iJf:~~ ~fitC. -~:-··: I =:·•-=··•~• ... --. _::_·~·- --· =· : ..
... .- ·- .. ;. .,~- 1O-c - ·-- ·- :__ _(_._ r ·-_,:·_·~.--·i~J ; ---.~- -~-'-=~:~- ..... ----... ---- ·- ~ i ., . 1 --~ _·o______H ; ____ · _____ ._ h __ -______{ ··--•-·-- · - --· - -- ..; .! . ~ ·- . .,-.;... ~ . - . ·· -· ··-- ---··· ·-·· -- .
·· ·•-, ..... l ... _., ...... ···• ·· ·• ·· ·· ..... ~ .- - -·~ ----- ·••··· .., .. ' - ··.·· ··· ' --········•·- -·-···-.-··-·· • -·-·· -0 .;,. I .. . -_ _- ~t •.- --~ - ---=: ·•=:·: .. - -0 . . . ···-- . .. \fl ... --·- --- ••t -.- l.ll ---·-· --··-···•···--·-- ·· ----··· ·--···
- - ·-- _-t.• ··-·· ···--- .Ji ..__ :_. ... - ...... -·-- ---·--··----·-- - ·- - -...... /
. ------. ··-· --·- ' --· -- t . ------·-········------·-----
; '-',J ' --~ - · --· ~-- -•··
~ -·- -~ .. . ::, ·\--t+ .£- -... a O' )- · Regular Council - 02 Feb 2021 .·~ ·:;J ---Tl) . Page 69 of 252 Regular Council - 02 Feb 2021 Page 70 of 252 Regular Council - 02 Feb 2021 Page 71 of 252 I I / ./
Regular Council - 02 Feb 2021 Page 72 of 252 I C '1
i ~ .,' ! I < ,j' I I ,l ,l 'I ~ . ~
...... _ .. ...,. _..,,. ·•- . • · • - ;
0 \!}
0 ec:: ~- i .!!! (1) u ~ V, "' • Jll ---1 -~IJ--- T
Regular Council - 02 Feb 2021 Page 73 of 252 The Corporation of the Town of South Bruce Peninsula
By-Law Number XX-2021
A By-Law to Designate Lt 86 Pl 320; Town of South Bruce Peninsula PIN 33131-0117 (LT) and Lt 85 Pl 320; Pt Lt 84 Pl 320 as in AL 7112; South Bruce Peninsula PIN 33131-0116 (LT) Notto Be Part of the Respective Plan of Subdivision, Pursuant to the Provisions of the Planning Act, R.S.O. 1990, c.P .13 as Amended
Whereas Section 50, Subsection (4) of the Planning Act, R.S.O. 1990, authorizes a municipality to designate any registered plan of subdivision or part thereof that has been registered for eight years or more as not being a plan of subdivision for subdivision control purposes;
And whereas it is deemed expedient in order to control adequately the development of land in the municipality that a by-law be passed to designate those lands described as Lt 86 Pl 320; Town of South Bruce Peninsula PIN 33131 -0117 (LT) and Lt 85 Pl 320; Pt Lt 84 Pl 320 as in AL7112; South Bruce Peninsula PIN 33131-0116 (LT) not to be part of the respective plan of subdivision;
And whereas the properties described herein are municipally known as Lot 86 Plan 320 (no civic address assigned), Roll Number 410259000210150 and 109 Symon Ave, Roll Number 4102559000210100.
Now therefore the Council of the Town of South Bruce Peninsula enacts as follows:
1. That the Registered Plan of Subdivision or parts thereof described herein are hereby designated to be a Plan of Subdivision which shall be deemed not to be lots on a Registered Plan of Subdivision for the purposes of Subsection 3 of Section 50 of The Planning Act, R.S.O. 1990.
2. That the lands subject to this by-law are described as Lt 86 Pl 320; Town of South Bruce Peninsula PIN 33131 -0117 (LT) and Lt 85 Pl 320; Pt Lt 84 Pl 320 as in AL7112; South Bruce Peninsula PIN 33131-0116 (LT).
3. That this by-law shall come into full force and effect upon the final passing thereof.
Regular Council - 02 Feb 2021 Page 74 of 252 Read a first and second time this 16th day of February, 2021.
______Mayor
------Clerk Read a third time and finally passed this 16th day of February, 2021.
______Mayor
------Clerk
Regular Council - 02 Feb 2021 Page 75 of 252 Tuwnof SOUTH BRUCE The Corporation of the Town of South Bruce Peninsula P.O. Box 310,315 George Street Wiarton, ON Angie Cathrae NOH 2TO Director of Legislative Telephone: (519) 534-1400 ext 122 Selvice&Cler1< Fax: (519) 534-4862 ~PENINSUlA Toll Free 1-877-534-1400 e-mail: [email protected]
Report Re: Council, February 2, 2021
Report No: LS17-2021
Subject: Consent B-2020-125, 885 Bayview Street, Baumgarten
Recommendation: That the conditions for consent B-2020-125, 885 Bayview Street, Baumgarten shall be that applicant shall pay an administration fee of $350.00 to the Town and that the owner obtains an appraisal of the subject lands which shall be used as the basis for the calculation of a 5% cash in lieu of parkland contribution.
Link to Strategic Planning: Goal 2: Sustainable Infrastructure would be the general link to the Strategic Plan.
Background: The Town has received a request for comments from Bruce County with respect to an application for consent. This consent is to a 2.06 hectare property into a 0.191 hectare lot and a retained 1.869 hectare lot with an existing single detached dwelling. This unique lot is composed of both land and water. The proposed consent will include both land and water. The property is subject to a natural gas line easement along the road frontage. The lands are zoned R1 B which contains two separate and distinct set of zone provisions; one for full municipal services and one for partial municipal services.
Town staff will provide their comments separately to Bruce County Planning. Staff are seeking confirmation with regard to the limits of the easement and the water's edge notation on the site plan. Staff are also attempting to confirm that there will be an adequate building envelope considering the proximity to the water and the inclusion in the overall lot calculations of the water portion of the lot. Staff are also confirming that the property is serviced by full municipal services (water and sewer). Pending the satisfactory response to staffs questions, it is anticipated that there would not be concerns with the proposal.
The complete application may be viewed on the Bruce County website by following the link provided below, choosing Town of South Bruce Peninsula in the menu and clicking on the individual application in the listing.
http://www.brucecounty.on.ca/services-health/planning-services/planning applications.php
Regular Council - 02 Feb 2021 Page 76 of 252 The Town Fees By-Law provides that an administrative fee of $350 is charged for the creation of a new lot. The fee covers staff time to review the application, any site visits which are required, consultation with third parties and ministries, verification of Town conditions once proposed by the County and to receive, review and provide confirmation of the conditions as they relate to the Town. It would also cover Council time to consider the municipal requirements.
Consents are granted under the authority of the Planning Act (Section 53) and parkland dedication and cash in lieu of parkland is under the authority of the Planning Act (Section 42(1) and 53(13)). Cash in lieu of parkland is required for this application as this is creating a new lot and thus, there would be new demands for parks and greenspace as a result of this consent.
Standard Town conditions in every consent are as follows:
a) that the owner enter into an agreement with the Town if deemed necessary to satisfy all requirements including but not being limited to parkland dedication, cash-in-lieu of parkland, roads, installation of services, facilities, drainage and the payment of any development charges; b) that a survey be deposited in the registry office and filed with the Clerk if a survey is deemed to be required by the consent authority; c) that the owner pay the administration fee; and d) that the Town provides written confirmation of Town conditions being met.
Bruce County imposes other conditions which are under their jurisdiction. In this instance, Bruce County is requiring an archaeological assessment be undertaken and that the recommendations (if any) of the assessment are implemented.
The process of granting a consent to sever is undertaken by Bruce County Planning. Bruce County is the granting authority for consents.
Town Council receives notices of application for consents to sever for two purposes; to allow Council to be aware of applications and to permit Council to make any comments deemed necessary. Staff understands that the members of the public question Council about land use planning and providing Council with the opportunity to comment on consents assists Council in responding to resident queries.
Attachments:
One Request for Comments Document (includes map in colour) Two Zoning Provisions
Options:
a) Comment on the requirement for the administrative fee and cash in lieu of parkland dedication.
Regular Council - 02 Feb 2021 Page 77 of 252 b) Provide additional comments regarding the proposed consent which would be forwarded to Bruce County.
Inter-departmental Impact: The Legislative Services Department works with Bruce County Planning regarding the circulation and receipt of applications and comments. Town Hall staff have input with respect to consent applications with departmental comments being circulated to Bruce County Planning for consideration.
Financial Implications: ~ Approval of Director of Financial Services The Town will realize revenue with regard to the administration fee which will offset the time spent by staff and Council with respect to the review of the application.
The cash in lieu of parkland dedication revenue will be held in a reserve fund, to be used for park purposes.
The creation of a new lot sets the stage for the construction of a single detached dwelling at some future point which will mean building permit revenue, Development Charges revenue and increased assessment which will translate to increased taxation.
Expected Date of Completion: Upon adoption of a resolution outlining the Town conditions, this will be communicated to Bruce County. Comments are to be provided to Bruce County by February 12, 2021.
Prepared by, Respectfully submitted,
th ae Direct Legislative Services Chief Administrative Officer I 25 '2.c::f2-I Date: vc.nuod , Date: ------
Regular Council - 02 Feb 2021 Page 78 of 252 County of Bruce Planning & Development Department 268 Berford St, P.O Box 129 Wiarton ON NOH 2T0 brucecounty.on.ca BRUCE 226-909-5515 county
January 22, 2021 File Number(s): B-2020-125 Request for Agency Comments TO: Municipal Staff, Conservation Authority, Municipal Property Assessment Corporation, Niagara Escarpment Commission, First Nations, Ministry of Transportation (800 m buffer from Provincial Highways), Source Water Protection Risk Management Office A change is proposed, and we're asking for your input. The purpose of this application is to sever the subject property and create a new residential lot on municipal services in the Wiarton Primary Urban Community. Your comments and/or conditions of approval will be used to prepare a Planning Report. Please provide your feedback by emailing [email protected] by February 12, 2021. If you require more time to provide comments, please let us know.
Georgian Bay
885 Bayview Street Wiarton, ON WATER LOT 3PT DIV N BAY ST; RP 3R7000 PARTS 4 & 5 SUBJ TO UNION GAS EASEMENT FOR A PIPELINE 410258000122000 Learn more You can view more information about the application at https://brucecounty.on.ca/living/land use. Once our offices re-open , information about the application will be available in person at
COVID-19 Notice: All Bruce County and Municipal offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone. Regular Council - 02 Feb 2021 Page 79 of 252 the County of Bruce Planning Office noted above, between 8:30 a.m. and 4:30 p.m. (Monday to Friday). The Planner on the file is: Eric Steele The details Owner Estate of Heinz Baumgarten
Applicant Richard Baumgarten
Legal Description WATER LOT 3PT DIV N BAY ST; RP 3R7000 PARTS 4 & 5 SUBJ TO UNION GAS EASEMENT FOR A PIPELINE
Municipal Address 410258000122000
Lot Dimensions Entire Lot
Frontage +/- 251 .509 m ( ft)
Depth +/- 81.973 m - 72.439 m ( ft)
Area +/- 2.06 ha ( ac)
Lot Dimensions Severed Lot
Frontage +/- 21 .336 m ( ft)
Depth +/- 81.973 m - 77.451 m( ft)
2 Area +/- 0.191 ha (1909.867 m )
Uses Existing Residential
Uses Proposed Residential
Structures Existing N/A
Structures Proposed 1 - Single Detached Dwelling
Servicing Existing Municipal Water and Sewer
Servicing Proposed Municipal Water and Sewer
Lot Dimensions Retained Lot
Frontage +/- 230.1 73 m ( ft)
Depth +/- 77.451 m - 72.439 m ( ft)
COVID-19 Notice: All Bruce County and Municipal offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.
Regular Council - 02 Feb 2021 Page 80 of 252 2 Area +/- 1.869 ha (18,690.133 m )
Uses Existing Residential
Uses Proposed Residential
Structures Existing 1 - Single Detached Dwelling
Structures Proposed N/A
Servicing Existing Municipal Water and Sewer
Servicing Proposed Municipal Water and Sewer
Access Year Round Municipal Road
County Official Plan Primary Urban Ara (Wiarton)
Proposed Official N/A Plan
Local Official Plan Marine Commercial
Proposed Official N/A Plan
Zoning By-law Serviced Detached Residential (R1 B), Environmental Hazard (EH)
Proposed Zoning By- N/A law
Surrounding Land Residential, Marina, Colpoy's Bay Uses
File Numbers: B-2020-125
Title: ______Signature: ______No Comment: ----
Comments:
COVID-19 Notice: All Bruce County and Municipal offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.
Regular Council - 02 Feb 2021 Page 81 of 252 Preliminary Conditions of Approval The Planning Department has reviewed the application and makes the following preliminary conditions of approval: 1. That the owner enter into an Agreement with the Municipality, if deemed necessary by the Town of South Bruce Peninsula, to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge.
2. That a Reference Plan (survey that is registered) be completed and a copy filed with the Municipal Clerk and a digital copy and hard copy be filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority.
3. That the Municipality provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled.
4. That, pursuant to Section 53(42) of the Planning Act, the 'Certificate of Consent' be affixed to the deed within one year of the giving of the Notice of Decision. (Note: Section 53(43) of the Planning Act) requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate (ie. Stamping of the deed).
5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds.
6. That the owner provide written confirmation that:
a. An Archaeological Assessment by an archaeologist licensed in the province of Ontario has been completed and confirmed by the appropriate Ministry to have been accepted into the Ontario Public Register of Archaeological Reports; and
b. That the recommendations of the archaeological assessment (if any) have been implemented;
COVID-19 Notice: All Bruce County and Municipal offices are closed to the public until further notice . Our staff would be pleased to connect with you by email or phone.
Regular Council - 02 Feb 2021 Page 82 of 252 Site plan
C -)t.tll -rt ~ (0 ~ I 30N .;o 1L.,1.1ot_ ... / l/1 N - ~ t3· ~~i 3 • 1 QJ Ol ~~ I, ~ • IJ I z ·- ...
1 i• \ I
\\ '.J \ :
COVID-19 Notice: All Bruce County and Municipal offices are closed to the public until further notice . Our staff would be pleased to connect with you by email or phone.
Regular Council - 02 Feb 2021 Page 83 of 252 Serviced Detached Residential R1B
Section 11 Serviced Detached Residential Zone R1 B
11.1 Scope
No uses are permitted on lands zoned Serviced Detached Residential Zone R1 B unless expressly permitted by this By-law.
11.2 Permitted Uses (Amended Child Care By-Law 42-2016)
(By-law 67-2013, Z-07-2013.58) (amended by By-law 42-2016) • Single detached residential dwelling • Home Occupation • Boarding, lodging or rooming establishment not exceeding 5 rooms or dwelling units for let in accordance with Section 13.3.3 Low Density Multi Family Residential (R3) Zone Provisions (Duplex Residential Dwelling) • Conversion of a Residential Dwelling - Single Detached for one additional residential dwelling unit in accordance with Section 6.34 Residential Conversions • Group Home in accordance with Section 6.18 Group Homes and Section 13.3.3 Low Density Multi Family Residential (R3) Zone Provisions (Duplex Residential Dwelling) • Group Home • Retirement Home in accordance with Section 26.3 Institutional (I) Zone c. Provisions • Long Term Care Home in accordance with Section 26.3 Institutional (I) Zone Provisions • Child Care in accordance with Section 26.3 Institutional (I) Zone Provisions • Public Park • Accessory uses, buildings and structures in accordance with Section 6.1 • Bed and Breakfast Establishment in accordance with Section 6.3 Bed and Breakfast Establishment (B&B) Provisions
Town of South Bruce Peninsula Office Consolidation Zoning By-law 122-2009 102 January 2019
Regular Council - 02 Feb 2021 Page 84 of 252 Serviced Detached Residential R1 B
(-, 11.3 Zone Provisions
Partial Municipal Services Full Municipal Services (Water or Sewer) 2 2 Minimum lot area 465 m2 (5 000 ft2) 1 500 m ( 16 140 ft ) Minimum lot frontage 15 m (50 ft) 30 m (100 ft) Minimum front yard 6 m (20 ft) 9 m (29.5 ft) One Storey 1.2 m (3.9 ft) One Storey 1.2 m (3.9 ft) Minimum interior side More than one More than one yard 1.8 m (5.9 ft) 1.8 m (5.9 ft) Storey Storey Minimum exterior side 6 m (20 ft) 7.6 m (24.9 ft) yard Minimum rear yard 7.6 m (24.9 ft) 7.6 m (24.9 ft) Maximum building 10.5 m (34.5 ft) 10.5 m (34.5 ft) height Maximum lot coverage 40 % 40% Less than Less than 90 m2 (960 ft2) 90 m2 (960 ft2) two storey two storey Minimum floor area Two or more 139 m2 (1 496 Two or more 139 m2 (1496 2 ( storey ft2) storey ft )
11.4 Not In Use
11.5 Other Provisions
No new development shall be permitted unless such development is serviced by full municipal water supply and sanitary sewers.
Town of South Bruce Peninsula Office Consolidation Zoning By-law 122-2009 103 January 2019
Regular Council - 02 Feb 2021 Page 85 of 252 Tuw11 of SOUTH BRUC[ The Corporation of the Town of South Bruce Peninsula P.O. Box 310, 315 George Street Wiarton, ON Angie Cathrae NOH 2TO Director of Legislative Telephone: (519) 534-1400 ext 122 Setvices,Clerl<: Fax: (51 9) 534-4862 IC6rENrNSULA Toll Free 1-8 77 -534-1400 e-mail: [email protected]
Report Re: Council, February 2, 2021
Report No: LS18-2021
Subject: Consent B-2020-081, 423 Lakeshore Blvd N, Whiting
Recommendation: That the conditions for consent B-2020-081, 423 Lakeshore Blvd N, Whiting shall be that applicant shall pay an administration fee of $350.00 to the Town.
Link to Strategic Planning: Goal 2: Sustainable Infrastructure would be the general link to the Strategic Plan.
Background: The Town has received a request for comments from Bruce County with respect to an application for consent. This consent is to sever 423 Lakeshore Blvd N into two separate lots. The effect of this consent would be to return the current lot to its previous status of two separate and distinct properties which merged on title. The property currently contains two detached dwellings, each with their own septic system. The two dwellings share a well. Bruce County has indicated in their circulation that an easement is being considered to address the shared well and establish its future continued use by both properties.
A concurrent planning application is being processed by Bruce County Planning for a Zoning By-Law amendment to gain relief from the minimum lot area, the minimum exterior side yard set back, the minimum interior side yard set back, the minimum rear yard set back and to impose a holding symbol to address servicing impacts of future development. Council will receive this information for discussion with the presentation of a planning report at a future meeting.
Town staff will provide their comments separately to Bruce County Planning. It is not anticipated that staff will have concerns with the proposal.
The complete application may be viewed on the Bruce County website by following the link provided below, choosing Town of South Bruce Peninsula in the menu and clicking on the individual application in the listing.
http://www.brucecounty.on.ca/services-health/planning-services/planning applications.php
Regular Council - 02 Feb 2021 Page 86 of 252 The Town Fees By-Law provides that an administrative fee of $350 is charged for the creation of a new lot. The fee covers staff time to review the application, any site visits which are required, consultation with third parties and ministries, verification of Town conditions once proposed by the County and to receive, review and provide confirmation of the conditions as they relate to the Town. It would also cover Council time to consider the municipal requirements.
Consents are granted under the authority of the Planning Act (Section 53) and parkland dedication and cash in lieu of parkland is under the authority of the Planning Act (Section 42(1) and 53(13)). No parkland dedication nor cash in lieu is being requested for this application. Although the final effect is the creation of a new lot, the lots were previously legally established and the final effect of the consent will be that each lot will have an already developed dwelling. As such, there would be no new demands for parkland as a result of this consent.
Standard Town conditions in every consent are as follows:
a) that the owner enter into an agreement with the Town if deemed necessary to satisfy all requirements including but not being limited to parkland dedication, cash-in-lieu of parkland, roads, installation of services, facilities, drainage and the payment of any development charges; b) that a survey be deposited in the registry office and filed with the Clerk if a survey is deemed to be required by the consent authority; c) that the owner pay the administration fee; and d) that the Town provides written confirmation of Town conditions being met.
Bruce County imposes other conditions which are under their jurisdiction. In this instance, the conditions of the Zoning By-Law amendment being in full force and effect is required .
The process of granting a consent to sever is undertaken by Bruce County Planning. Bruce County is the granting authority for consents.
Town Council receives notices of application for consents to sever for two purposes; to allow Council to be aware of applications and to permit Council to make any comments deemed necessary. Staff understands that the members of the public question Council about land use planning and providing Council with the opportunity to comment on consents assists Council in responding to resident queries.
Attachments:
One Request for Comments Document (includes map in colour)
Options:
a) Comment on the requirement for the administrative fee.
Regular Council - 02 Feb 2021 Page 87 of 252 b) Provide additional comments regarding the proposed consent which would be forwarded to Bruce County.
Inter-departmental Impact: The Legislative Services Department works with Bruce County Planning regarding the circulation and receipt of applications and comments. Town Hall staff have input with respect to consent applications with departmental comments being circulated to Bruce County Planning for consideration.
Financial Implications: mApproval of Director of Financial Services The Town will realize revenue with regard to the administration fee which will offset the time spent by staff and Council with respect to the review of the application.
As the consent facilitates the splitting of previously separated lots, it is not known what the change in overall assessment will be. The effect of the severance will be to re-establish the two lots, both of which are already improved.
Expected Date of Completion: Upon adoption of a resolution outlining the Town conditions, this will be communicated to Bruce County. Comments are required by the County by February 12, 2021.
Respectfully submitted,
ae Legislative Services Chief Administrative Officer
Date: 0or.ua~ 25 J 2o-2J Date:
Regular Council - 02 Feb 2021 Page 88 of 252 County of Bruce Planning & Development Department 268 Berford St, P.O. Box 129 Wiarton ON NOH 2T0 brucecou nty .on .ca BRUCE 226-909-5515 county
January 22, 2021 File Number(s): Z-2020-081 Request for Agency Comments TO: Municipal Staff, Conservation Authority, Hydro One, First Nations, Municipal Property Assessment Corporation A change is proposed, and we're asking for your input. The purpose of th is application is to sever two residential lots which have merged on title, with separate individual septic systems and shared private water supply. A Zoning By-law Amendment is needed to provide relief from the minimum lot area, minimum exterior side yard, minimum interior side yard, minimum rear yard, and establish a holding provision to address servicing impacts of potential future expansion on each lot. The consent may include an easement with respect to the shared water supply. The related consent file is B-2020-126. Your comments and/or conditions of approval will be used to prepare a Planning Report. Please provide your feedback by emailing [email protected] by February 12, 2021. If you require more time to provide comments, please let us know. 111·. .. ,., &" • ..,. /;'! 4u tjls• •- S" it"' "17 •w·
Lak~ tturon
423 Lakeshore Boulevard North Sauble Beach, ON PLAN 408 North ½ Lot 5 410254001314400
COVID-19 Notice: All Bruce County and Municipal offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone. Regular Council - 02 Feb 2021 Page 89 of 252 Learn more You can view more information about the application at https://brucecounty.on.ca/living/land use. Once our offices re-open, information on the application will be available in person at the County of Bruce Planning Office noted above, between 8:30 a.m. and 4:30 p.m. (Monday to Friday). The Planner on the file is: Eric Steele The details Related Files B-2020-126
Owner Donna Whiting
Agent David Whiting
Legal Description PLAN 408 North ½ Lot 5
Municipal Address 410254001314400
Lot Dimensions Entire Lot
Frontage +/- 20.12 m
Depth +/- 75.59 m
Area +/- 1520.64 m2 (0.37 ac)
Lot Dimensions Severed Lot
Frontage +/- 20.12 m
Depth +/- 40.84 m
Area +/- 821.70 m2 (0.20 ac)
Uses Existing Residential
Uses Proposed Residential
Structures Existing 1 - Single Detached Dwelling
Structures Proposed N/A
Servicing Existing Private Water and Septic
Servicing Proposed Private Water and Septic
Lot Dimensions Retained Lot
COVID-19 Notice: All Bruce County and Municipal offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone. Regular Council - 02 Feb 2021 Page 90 of 252 Frontage +I- 20.12 m
Depth +I- 34.75 m
Area +I- 821.70 m 2 (0.20 ac)
Uses Existing Residential
Uses Proposed Residential
Structures Existing 1 - Single Detached Dwelling 1 - Storage Shed 1 - Child Playhouse
Structures Proposed NIA
Servicing Existing Private Water and Septic
Servicing Proposed Private Water and Septic
Access Year Round Municipal Road
County Official Plan Secondary Urban Area
Proposed Official NIA Plan
Local Official Plan Shoreline Development
Proposed Official NIA Plan
Zoning By-law Resort Residential (R2)
Proposed Zoning By- NIA law
Surrounding Land Residential, Lake Huron Uses
File Numbers: Z-2020-081, B-2020-126
No Comment: _ ___ Title: ______Signature:______
Comments:
COVID-19 Notice: All Bruce County and Municipal offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone. Regular Council - 02 Feb 2021 Page 91 of 252 Preliminary Conditions of Approval The Planning Department has reviewed the application and makes the following preliminary conditions of approval: 1. That the owner enter into an Agreement with the Municipality, if deemed necessary by the Town of South Bruce Peninsula, to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge.
2. That a Reference Plan (survey that is registered) be completed and a copy filed with the Municipal Clerk and a digital copy and hard copy be filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority.
3. That the Municipality provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled.
4. That, pursuant to Section 53(42) of the Planning Act, the 'Certificate of Consent' be affixed to the deed within one year of the giving of the Notice of Decision. (Note: Section 53(43) of the Planning Act) requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate (ie. Stamping of the deed).
5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds.
6. That the Clerk of the Municipality provide written confirmation to the Approval Authority that zoning amendment Z-xx-20xx.xx is in force and effect.
7. That the applicant pays an admirative fee of $150.00 to the Town.
COVID-19 Notice: All Bruce County and Municipal offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone. Regular Council - 02 Feb 2021 Page 92 of 252 Site plan
l.,~\l;ES~e~E' BL."vh tJ f ~r- H,--'l.0.,1.. ... ,;i ,-, ..q
I "<; ' tO ,1, \ l ' I
·.-. - -f - -
COVID-19 Notice: All Bruce County and Municipal offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone. Regular Council - 02 Feb 2021 Page 93 of 252 Tuwnof The Corporation of the Town of South Bruce Peninsula SOUTH BRUCl P.O. Box 310,315 George Street Wiarton, ON Angie Cathrae NOH 2TO Director of Legislative Telephone: (519) 534-1400 ext 122 Services.Clerk Fax: (519) 534-4862 tC6PEN[NSULA Toll Free 1-877-534-1400 e-mail: [email protected]
Report Re: Council, February 2, 2021
Report No: LS19-2021
Subject: Quarry Application, 180 Fieldside Road, Crigger
Recommendation: That Council receives report LS19-2021 Quarry Application, 180 Fieldside Road, Crigger for information as presented on February 2, 2021.
Link to Strategic Planning: Goal 1: Transparent and Accountable Governance would be the general link to the Strategic Plan.
Background: Staff have received notice of a quarry application circulated in accordance with the Aggregate Resources Act. The commenting period ends on March 10, 2021. A virtual public meeting will be held on February 16, 2021.
The quarry, proposed for property known as Part Lots 4 & 5 Concession 1, Amabel (1801 Fieldside Road) will licence a total of 1.52 hectares. This is as "above the water table" quarry proposal with an annual tonnage of 40,000. The property is currently licensed for aggregate extraction in two areas on the subject property. The currently licensed area represents 9.8 hectares.
The property is currently zoned RU1 (General Rural), M2 (Extractive Industrial) and Environmental Hazard (EH). The proposed area is physically located between the two currently licensed areas and is currently zoned RU1 . Planning applications will received at some point in the future. Maps and zone provisions have been provided to illustrate the zoning and uses of the surrounding lands.
The site access remains unchanged from the previously licensed areas; access is by dedicated entrance from Fieldside Road. The applicant does not expect any additional traffic beyond what is currently realized to the existing licensed areas.
The proposed area of extraction is set back a minimum of 150m from surrounding residential dwellings with the pit owner residing at the property.
Requisite studies to support the application have indicated that there would be no impact on the ground water or surface water features within the area, the surface water features and
Regular Council - 02 Feb 2021 Page 94 of 252 outlet elevations are not be adjusted, the surface water flows are to be directed to the same low-lying locations, sloping of the restored grades to maintain similar catchment areas are to be conducted, mitigative measures are required as they relate to the Barn Swallow and Bank Swallow in the area and if there is a discovery of deeply buried cultural material or features, legislation must be adhered to in that regard.
Extraction is proposed year-round however it is noted that the majority would take place between April and November. Excavation equipment is used for the extraction and no blasting is proposed. The new area is to have a lifespan of 3.9 years with a proposed extraction of 20,000 tonnes per year. The new area will be operated in three phases with rehabilitation of the previous phase being undertaken prior to a new phase being opened.
County Planning staff in collaboration with Town staff provided comments with regard to the proposed quarry. County staff are currently reviewing the proposal in detail and have secured an attendance link for the virtual public meeting. More information can be presented to Council at a later date should it be required.
Historically, staff have ensured that Council is aware of proposed new quarry operations. This permits Council to have discussion with any residents who have specific concerns.
Attachments:
One Letter, Application, Summary Statement Two Maps in Colour Three Zone Provisions
Options:
a) Receive the report for information.
b) Provide direction to staff regarding any concerns with the proposed plans which would be communicated to the consultant for the property owner.
Inter-departmental Impact: In general terms, the Legislative SeNices Department works with Bruce County Planning regarding any planning matters. The Public Works Department would work with any proponent with regard to haul routes, drainage and any required agreements.
Financial Implications: ~ Approval of Director of Financial Services There are no immediate financial implications of mention. Any change to property use has the possibility of adding to or reducing the assessment which in turn, affects the overall taxation collected.
Expected Date of Completion: Upon receipt of the report.
Regular Council - 02 Feb 2021 Page 95 of 252 Prepared by, Respectfully submitted,
rae Legislative Services Chief Administrative Officer I 0 c::: 2o-2-1 Date: '-JO nU0-0:j £-...) J Date: ------
Regular Council - 02 Feb 2021 Page 96 of 252 @ -- Plan PEOPLE I ENGi NEERING I ENVI RO NM ENTS
January 19, 2021 Our File: 219094 Town of South Bruce Peninsula 315 George Street P.O. Box 310 Wiarton, ON, NOH 2TO
Attention: Mr. Brad McRoberts Chief Administrative Officer
Re: Crigger Pit Part Loi 4, Concession 1 N Geographic Township of Amabel Town of South Bruce Peninsula Dear Brad:
On behalf of Mr. Brad Crigger, please find enclosed the supporting documents for an application of a Category 7, Class "B" Pit Above Water under the Aggregate Resources Act (ARA). It is noted that the application is for a relatively small (i.e. 2.0 ha) expansion of an area that connects two existing licenced pit areas on the same property. The supporting documents include:
• Summary Statement, • Set of Drawings, • Natural Environment Technical Report - Level I and 11, • Archaeological Assessment - Stages I and 11 , • Hydrogeological Study, • Form 1 and Form 2.
Form 1 and Form 2 are scheduled to appear in the Wiarton Echo and the Owen Sound Sun Times on January 21, 2021. A virtual Public Information Session will be held on February 16, 2021 at 2:00pm. If you or a representative from the Bruce County would like to attend, please contact [email protected] for a link to follow at the time of the virtual meeting. We have requested comments to be filed by March 10, 2021.
Please be advised that the zoning amendment application will be provided at a separate date and under separate cover.
Should you have any questions or require further information, please do not hesitate to contact me.
Yours truly,
GM BLUEPLAN ENGINEERING LIMITED, Per: ,_4..&'" '"' -/4v " -· - _....~~ Corbin Sweet, P. Geo. CJS Encl. cc: Matthew Nelson, GMBP: [email protected] Brad Crigger, [email protected] File No. 219094
GUELPH I OWEN SOUND I LISTOWEL I KITCHENER I LONDON I HAMIL TON I GTA 1260-2ND AV E. E. , UNIT 1, OWEN SOUND ON N4K 2J3 P: 519-376-1805 F: 519-376-8977 WWW.GMBLUEPLAN.CA
Regular Council - 02 Feb 2021 Page 97 of 252 Regular Council- 02Feb2021
-\"'-<--,,,------...__/ \ RV2 ------'\ AGR!Cu.T!JfV.L -,:\_t,_,_J ✓ ------LOT4 ~~·~ --~ - +m-/ I --. -I - '--. Q / CONC 1 N -- ~ \ - $- 4 (J ;--1:·~~ ....___ ,/ -- / \ -·--·--· - ----·--- ~~. - . ~ ™ - 1 TOW/10,SOUTHIIIUCfN' ~KEY PLAN_,. "'Al " ___, ...._ ...... ______.,. ...-...... ,.. __..._.,
APPLICANT: fJRAO CRICCCR la() 11f:LOSIOC ROAD A.UC!ffORO, ONTARIO NOH IAO
..,,_ l~-:,~.;"~ ,,1~~-z,;_ .:· AGmC"- TIJfW. ta.-;I' ... - ... - - - • • W M -
1NP.-RY LOT5 pRELI tSiR\JCi\ON CONC A ~01fOR Page 98 of252 \ r - - - ' ' ------/ '- REFERENCES: LOT$ @It~ i CONC 1 "1 / AGR1CUL""'TVAAl ~::::':r£r-7~:?::.:::,_ __.. .._ ,, ___, ..._ .., ' ._ "_,.,...... ,_ ,..,_.,. __ . ', , __ l 1 n(W ., ,._..,.,_. •., •...._ i ,__ --'1111/NS-• ,_"'___ ..,-'I•--·- .. ,..__ PROPOSED P!T EXPANSION i .. c='_.._....,..•1t1M«~ •nocw--rte• ------CRIGGER PIT .. .,.._.,, ....._. ,..,...... ii ______PART LOT 5, CONCESSION 1 N ...... _ .._ .._._,..,...... -..o,a ...... ,. •• _ ~! ::O:.,W:....'":t :':'."":.":-::.:i:.:.";..T'"""" .,.r,11 --~ __ __ TOWN OF SOUTH BRUCE PENINSULA i"i EX ISTING FEATURES PLAN GEOGRAPHIC TOWNSHIP OF AMABEL !! 1'1 · • ~ ~ - ~=+1 11 -;[I),: -~.....-" • I J. T, • DlClll,,O~~~-I-·lt • A&IOOf(O • 0141• Regular Council- 02Feb2021
" --..____,/' '\ F(V2 ' '\'(J ..- ~ ------...... _ , \ AGfUCULTUIW. +H- !. -+-- ,,,,,,,,.- --- LOT4 -,. ! ' \ '-\_ V / COHC1N '-...... _ /, \ - ._ 4 / ~J·;~
~-:::;; ,~ ,~ ™ ~ ::L~ i~ . KEY PLAN 0 " 1ul luKAI ___,..,,. __ '°""_ ..,._r_._ __ 1"oo;tou,o - •!«- •.. ~----,
APPLICANT: BRAD CRICCCR 180 nCJ..DSIDCROAD ALLCNl"ORO, ONfARIO NOH ,_.,o
Rll l•U ~_.,..~':-;;~;i€_'3¥_t::,:. ______. .._ _,., _ • ' A(;nlCt,l.Tt.lfW...... ·--·~·-·-- ·~----·-·--·----..- - \NP.-RY LOTS pRE.U ,s,.~uC"f\ON CONCs N01 f'0~ CI
.. __,_...., .,.. __ ....,.. .._. "'_ ..__ ..,_.....,._,..., __fl- - -°'• ...... _ .,...... - ..._...... __ ...... __ _ l ,... .,...... _ ._.. .. _ _ , ___ __ .,...., • ..,.. ____ o,n
Page 99 of252 ,... --·-.. ..- ,. .,,_.,.,_•-- -""- '...... _ -- --·--·· _·....-- ...... - ....••-ra,,.w. •-.------==~=:~="':i:~=~=-=:...... ,,· • ::::::-.=.:.. ..-.:.- .....=.::::::::":::- ':'::/-4.."" &a M K=:::.:.:~"'."'.r..-;::::.e.•• •1 .... --. ! ·•··~;i:.~·~~~~=M:.=~ NL~Uau-i...,...... _W, r lOP\ ,_Qo_W.•-· ;:;;,::~~;z..:-;::::.:: ______..___ _ I ':'4...=:r.•\.':..":..~"':."!!i"""..:.::."'.:..":.:: ::=.. RU2 LOTS / ...... 1,1,,-,·-·-•- 00·•~ _ _ _ a._, ______..u~-...-- @~
.....,.: ,,._ _... · . ' . --~·-· ,i ~J~;~~tt~-, ---::=_____ --~- ~ \!~~~~==~~~~-:~'.it~~I~ ~·=::.-- i! :;~':'.::;}:.=l-:-~::=:2~:ir:'.:!:~ - } =E-:~~= •:::.:=:.=:,:7.'.:.:...-• _ ~ -~~-:-:.;:==.::t=-:.:::-.::-:.:::.::~--::.:.:::: PARTLOTS,CONCESSION lN f~ :' !:"'°.:~..':.~ .:9~:'t.:'~---• " ( ~ .. ,., •.,_j ,. ~-;,.~;-~,:.';:,..:~~:::-...:=::::.7.,.7°'0:,:- - ==._-:...--••--~-•• ,a_,...,,_,._...,._.,__ TOIMIIOFSOUTHBRUCEPEN!NSULA !I OPERATIONS PLAN :F_'.?,.:::,~?..li::~.r.:.::::-;:;::•.:.:.:."::::.::n-: •:~ =.:i:,.•- • •w~•-•- •-kN•~ - • GEOG0RAP HICTOWNSHIPOF AMABEL I! ~ •.N=::.:-:.=::·:.~.::.::.:.:...:...,u-- ~:;:;..::__ ~----· -- -·-·- - ·· .·· "· I ..•.• I ...:::- I~ - !~ -.n•.-,,. "° - "'·:.-.·.~.:::=..~"'~ r'"- ...... ,_.,. .. °' ...... --~~~~~~!:.i:•,:r:.i.:=.:-.:i;:n~•~w;-:"'~-: ...... Dx,~· I °';,:,., . 1 ""-:;:,D12 of 41 Regular Council- 02Feb2021
LEGEND - ', ,... _ .. ..,. , ..._ RU2 - ' ..______\ AGAICULTU:W. -- ~]" . ~ ,,,,,,.--·------... ------\. C". _,,,,, ,or, - \ --•·- / CONC1 N ~ \-$-- ---.a:-,u,------... -- ....111--• "v \ _____,,,....,_ ...... ,....,._,,,_ . ------
~ '" -.S-.a.l---l.CICAMo 0 ,z H-.,:---,-nm •O,a- -
-_..·- __•O!ll(-1(I.CIC,,IIO,(I__..,_,...... ,. _ - • fDoU:.,.. ,...... ~
APPLICANT BRAD CRICCCR I/JO l"ICLOSICC ROAD AU (Nf"ORO, ONTA.Rt() NOH I AO -- - H
------
----- ~----- %\ "\ l\ ~
RU1-aa 11-CRICULTURAL 1-~~--~~r~•...~~•I \N,t,...RY LOTS pRELI 1siRUCilQN. CONCA NOifORC' Page 100 of252
~ r-- - ·-- ·,11oo, __ ... _.. NOTES: {\ / RU2 LOTS " '' AGR>CULTIJRAC CONC1 N / ~-- @-~ ! ! ---- l :l -----~} ~: {' .. -~.~. . j •I " REHABILITATION PLAN "ji 3~ D ,0 n xi -_r, ,·- 2~ Regular Council- 02Feb2021
i- -r·-
- ,,+tfii ; -1"_ 1 _ 2:111,)(1 ~t" ·~~ - 1!: . - ~ A' :::4 ,.,': ,~ ,» ,. --' . \ ,. - ' ..::..,'-:, -- ,. ,"'. "' ..,. .-~ ,o-o,K~pt\~- """ ,. "°""'~· '"m '" "' ,»'"» !:~,. ,.'" ,.m "' m '" 7, '" ~~ ; ,; ~ ' $ "I'=s i ~; i 'I' l i ' APPLICANT: BRAD CRfCCCR 18 0 FICLOSIOC' R()AI) ALLCNFORO, ONrARIO NOH fAO
B' ,~ ,.,~ ,. "' ,."' "' '"
,.!~ I ---U"••--···-····=· ·1 I >D .__,...,._ .. _____";:,""!,"':.;':;':":.t.-- ' i ~ i 1 p~~;~1!~~~'{ Page 101 of252
, E~ ~ @I ! ...._, __ ..., _,, _.... . _ ! PROPOSED PIT EXPANSION 1 CROSS SECTIONS CRIGGER PIT
~~ PART LDT 5. CONCESSION 1 N
TO'NN OF SOUTH BRUCE PENINSULA
GEOGRAPHIC TOWNSHIP OF AMABEL I!M :-.-:. D - I- ,:.· - :::.· -;,;: - -~ I !!I ~~~•H - ~ __ ., 1M,~ • • I ~~.. 14° 1 4 AppHcation for a Licence [f.>,Ontario Aggr.;g!3/e Re;.soar,~.;,s Act
• Applrcation r-cq1Jlrnmonts as. outllni:::!ct: In tt1c P.g9H.,;i.itc Rcsourc..::!S of Ontario Prnvlnck-11 S!an Typo ,of Application: D Clriss. ;11,• Licence 0 Class ·Er Licence ---=7_. __ C,ate!}Or:i 1,:. :w,coo LonM, P2f Y<:!il() l,1W.'!JIJ(I I.C•Oi1E'~ C C.ity .A.11,.inf.ord F•rov, OnF:mio Postal Code .::.t-"""rn""'l_,_l_,,1,...A ...o ____ _ Phone No. ( 5-19 } 37·1 -----.· ,. ______,. ____ ,..______.., ... ------.- . ·------. .. . ------·-- .·-----.------~-----.---- ..---- . ---- -· --. - .•. ----. ·- Locallon: U'uM Zan0: __,_1.,_7 ~.,_r __ LlfltUfrl '. _____ L.o:J!: Geographir. T'l,f.l, SouthBrueePen i11sul a B,u-c:i:i Countv •• ... ,..s, , a ...... ll I ...... II 4ll& • ...... ••m•• ...... •• • • ••• of II ...... ei- ■ ,a.a , •• • ••••••• • • • ·"····"·· ...... , ...... ■ Sl91,1alurn of App11cant: Name and Title of $1gn i ng OH ice r: Fc;r Offioe Us;,,, Only: Rr?.t.1:dpl No.: ______Dttt1£,: ______ . --· - ----a------·------=· -- - ·------"··------~------·------·------~------.. - - .a. ------~ n Regular Council - 02 Feb 2021 Page 102 of 252 Aggregate Resources Act Form 1 - Notice of Application for a Licence I, Brad Crigger 180 Fieldside Road Name Address RR#3 Allenford ON Address NOH 1A0 Postal Code Hereby, give notice that application has been made for a Category 7, Class "B" Pit Above Water (Category, Class A or Class B) to excavate aggregate from a __~p_it __ of 2.0 hectares, located in: (pit or quarry) Part lot ______;5=------· Concession(s) 1 North Geographic Township Amabel Local Municipality Town of South Bruce Peninsula County/Region/District _____B_ru_c_e_C_o_un_t~y ______ Application is for: [8J an expansion to an established pit or quarry D a new pit or quarry Annual Tonnage Condition applied for is: 20,000 tonnes. A detailed site plan and report(s) for the proposal can be viewed by contacting the applicant's representative at [email protected] to request a copy. Any person(s) wishing to object to this application must send, in writing, their objection with reason(s) to the Applicant and to the office of the Ministry of Natural Resources and Forestry at the addresses below. Note: E-mail submissions are acceptable however they must contain the objector's complete postal mailing address where a response can be delivered. E-mail objections which do not contain a postal address will not be considered acceptable. The Applicant: Mr. Brad Crigger, 180 Fieldside Road, R.R.#3 Allenford, ON NOH 1A0, c/o [email protected]; and MNRF: Ministry of Natural Resources and Forestry, Integrated Aggregate Operations Section 4th Floor S, 300 Water Street, Peterborough, Ontario K9J 3C7 [email protected] The last day on which objections may be filed with the Applicant and Ministry is: the 10th day of March, 2021. Note: All information in respect to this application including written objections, the names and address of any objector(s) is available for public review for the purpose of this application under the Aggregate Resources Act. In submitting a written objection an objector consents under the Freedom of Information and Protection of Privacy Act to its disclosure for purposes of the application. Revised 2021/01/14 Regular Council - 02 Feb 2021 Page 103 of 252 Form 2 Aggregate Resources Act Notice of Public Information Session I, Brad Crigger. (Name) 180 Fieldside Road, R.R.#3 Allenford, ON N0G 1A0 (Address) (Postal Code) Hereby give notice that a Virtual Public Information Session will be held on: February 16, 2021 at 2:00 pm (date) (time) and will be hosted by GM BluePlan Engineering Ltd. on behalf of Mr. Brad Crigger. To register for access to the virtual public meeting, please contact: [email protected]. (email) The purpose of the Information Session is to present the details of the application for a Category 7 (Category) Class 'B', Aggregate Pit above water with an Annual tonnage of 20,000 tonnes, which will be located between two existing licenced and operating pits on the property and act as a minor (i.e. 2.0 ha) expansion to the existing onsite pit operations. (Description - Class of Licence) The location of the proposed 0 Pit or D Quarry is: Part lot 5 Concession(s }___ _ ...:.1...:.N..:._;o::.crt...:;.h_:__ ___ Geographic Township: Amabel Local Municipality: South Bruce Peninsula County/Region/District: Bruce County Regular Council - 02 Feb 2021 Page 104 of 252 Prepared By: Summary Statement Proposed Pit Expansion Proposed Category 7, Class "B" Pit Crigger Pit Part Lots 4 & 5, Concession 1 - Amabel Town of South Bruce Pen insu la GMBP File: 219094 February 2020 GUELPH I OWEN SOUND I LI STOWEL I KITCHENER I LONDON I HAMILTON I GTA 1260-2ND AVE. E., UNIT 1, OWEN SOUND ON N4K 2J3 P: 519-376-1805 WWW.GMBLUEPLAN.CA Regular Council - 02 Feb 2021 Page 105 of 252 SUMMARY STATEMENT PART LOTS 4 & 5. CONCESSION 1 - AMABEL GMBP FILE: 219094 FEBRUARY 2020 TABLE OF CONTENTS 1.0 INTRODUCTION ...... 1 2.0 EXISTING CONDITIONS ...... 1 2. 1 Physiography and Geology ...... 1 2.2 Surface Water Features ...... 2 2.3 Nature and Occurrence of Aggregate ...... 3 2.4 Current Use ...... 3 2.5 Planning and Land Use Considerations ...... 3 2.6 Site Access and Haul Route ...... 4 3.0 TECHNICAL REPORTS ...... 4 3. 1 Hydrogeological Investigation ...... 4 3.2 Natura l Environmental Technical Report ...... 5 3.3 Cultural Heritage Resources lnvestigation ...... 6 4.0 OPERATIONAL PLAN ...... 6 4.1 Extraction Operations ...... 6 4.1 .1 Depth of Extraction ...... 6 4. 1.2 Water Diversion and Surface Water Management ...... 6 4. 1.3 Equipment ...... 6 4.1.4 Extraction Phases and Quantities ...... 7 4.1.5 Visual Screening ...... 8 4.2 Access and Haulage Route ...... 8 4.3 Operational Setbacks ...... 8 4.3.1 Site Plan Overrides ...... 9 4.4 Progressive and Final Rehabilitation ...... 9 ENCLOSURES Reports Hydrogeological Investigation "Hydrogeological Study - Proposed Pit Expansion, Category 7, Class "B" Pit Above Water, Crigger Pit, Lot 4 & 5, Concession 1, Amabel, Town of South Bruce Peninsula (January 2019)" prepared by GM BluePlan Engineering Limited. Natural Environmental Technical Report "Natural Environment Technical Report: Level I & II Aggregate Resources Act Licence Amendment: Prepared for Brad Crigger, Part Lots 4 & 5, Concession 1 N, Geographic Township of Amabel, Town of South Bruce Peninsula, County of Bruce (December 2019)" prepared by Aquatic and Wild life Services (AWS) Environmental Consulting Limited. Cultural Heritage Resources Investigation "Stage 2 Archaeological Assessment, Expansion of Brad Crigger Pit (#624969). Prepared for Brad Crigger, King and Associates, Part Lots 4 & 5, Concession 1 N Municipality of South Bruce Peninsula, Former Geographic Township of Amabel, Bruce County, Ontario (June 2019)" prepared by Scarlett Janusas Archaeology Inc. Regular Council - 02 Feb 2021 Page 106 of 252 SUMMARY STATEMENT PART LOTS 4 & 5, C ONCESSION 1 - A MABEL G M BP FILE: 2 1 9094 FEBRUARY 2020 DRAWINGS Full-Size Drawings are enclosed at end of Report Drawing No. 1 of 4 - Existing Features Plan Drawing No. 2 of 4 - Operational Plan Drawing No. 3 of 4 - Rehabilitation Plan Drawing No. 4 of 4 - Cross-Sections ii Regular Council - 02 Feb 2021 Page 107 of 252 ·Plan PEOPLE I ENGINEERING I ENVIRONMENTS r.NGlt IF. f Rlt·IC, PART LOTS 4 & 5, CONCESSION 1 - AMABEL SUMMARY STATEMENT FEBRUARY 2020 GMBP FILE: 219094 1.0 INTRODUCTION This Summary Statement is prepared to accompany an application for a Category 7, Class "B" Pit Above Water proposed for Part Lots 4 & 5, Concession 1, in the former Township of Amabel, now the Town of South Bruce Peninsula. The following drawings have been prepared to detail the proposed pit development: Drawing No. Title 1 of 4 Existing Features Plan 2 of 4 Operations Plan 3 of 4 Rehabilitation Plan 4 of 4 Cross-Sections This Summary Statement and enclosures are to be circulated to agencies reviewing the license application and are to be included with the application for Official Plan and Zoning amendments required for the Site. 2.0 EXISTING CONDITIONS The current onsite operations involve aggregate extraction from two currently licenced areas on the property. The existing licensed areas combine to a total of 9.8 ha, with 9.3 ha proposed for extraction. The proposed new extraction area is situated along the raised hill of sand and gravel that is situated between the two currently licenced extraction areas and is proposed lo encompass 2.0 ha, with 1.52 ha proposed for extraction. 2.1 Physiography and Geology The Site is localed within the physiographic region known as th e Arran Drumlin Field. In general, the Arran Drumlin Field is characterized by drumlinized till plains, till moraines, and clay plains in the southern portion of the region (Chapman and Putnam, 1984). The soils in the area of current and proposed aggregate extraction are identified as gravelly outwash of the Donnybrook series. The surrounding soils on and in the vicinity of the subject site are identified as medium textured loam of the Harkaway series and silty clay loam of the Chesley series, which are described as having good and poor drainage, respectively. PAGE 1 OF 9 Regular Council - 02 Feb 2021 Page 108 of 252 SUMMARY STATEMENT PART LOTS 4 & 5, CONCESSION 1 -AMABEL GMBP FILE: 219094 FEBRUARY 2020 The physiographic mapping (Map 2225) indicates that the southwestern portion of the property is situated on a till moraine and the northeastern portion of the property is situated on drumlinized till plains, with a prominent drumlin located on the northern portion of the property. According to the Ontario Geological Survey (OGS), the current and proposed extraction areas are identified as ice-contact stratified deposits of sand and gravel, with sand and silt till on the remainder of the Site. The bedrock underlying the site is reported to be dolostone of the Guelph formation. Based on the mapping provided by the Grey and Bruce Groundwater Study, an analysis of water well logs in the area, the depth to bedrock in the vicinity of the subject property is in the range of 6 to 8 meters below ground surface (mbgs). The subject Site primarily consists of an elevated ridge of sand and gravel that extends in a northeasterly direction from the southwestern portion of the property to northeast, which is generally in alignment with the current and proposed aggregate extraction areas on the Site. The terrain gradually declines in an easterly direction toward the eastern property boundary and the seasonal watercourse adjacent to the eastern property boundary, which acts as a tributary to the Sauble River, situated approximately 2.7 kilometres southwest of the subject property. Additionally, the available mapping shows a secondary watercourse on the eastern portion of the Site that briefly splits and re-joins the existing watercourse adjacent to the eastern property boundary. It is noted that although this feature may be associated with seasonal ponding during periods of high water, only a very minor swale was observed in this area and no evidence of water flow was observed in this location. Additionally, current and historical agricultural crops are planted and harvested in this location. 2.2 Surface Water Features The licensed area is located within the central elevated ridge on the subject property. No permanent surface water features are located within the licensed area. A seasonal watercourse located adjacent to the eastern property boundary was observed to flow in a southerly direction toward the Sauble River, which is located approximately 150 metres from the proposed licenced boundary at its closest point. Based on onsite observations made and as reported by a previous report completed by Waterloo Geoscience Consultants Ltd. in 2009 in support of the licencing of the currently active licensed areas, the water level in the creek is considered to be consistent with the occurrence of water table elevation in this area and is expected to be only seasonally active during periods of high or moderate groundwater elevation. The Grey Sauble Conservation Authority (GSCA) considers a 30m buffer area around the watercourse to be a screening area that limits development in order to protect surface water features. Based on on site observations of the proposed licensed area and the cu rrent active licensed extraction areas, it has been observed that no groundwater seeps or significant water features are present within the noted areas of extraction/operations. Additionally, the Natural Environment Technical Report does not indicate any significant plant or animal species that are directly influenced by this watercourse. The GSCA will be consulted as part of the ARA process. No diversion or pumping of surface water is to be conducted as part of the operations. The surface water features are protected through achieving setback distances developed through the GSCA and implementing mitigative measures stipulated in the Hydrogeological Report (refer to Section 3.1 of this report). P A GE 2 OF 9 Regular Council - 02 Feb 2021 Page 109 of 252 SUMMARY STATEMENT PART LOTS 4 & 5, CONCESSION 1 - AMABEL G M BP FILE: 2 19094 FEBRUARY 2020 2.3 Nature and Occurrence of Aggregate A ridge of ice-contact sand and gravel extends in a southwest to northeast direction across the subject property. As discussed, two aggregate extraction areas were previously licenced to the north and southwest of the proposed licensed area. The proposed licensed area is situated on the deposit between the two currently licensed areas. From the current and historical aggregate extraction operations on this onsite deposit, it is reasonable to expect that the proposed area of extraction contains a viable quantity and quality of aggregate resources. It is also noted that the proposed licensed area is situated within an area designated as Potential Extractive Industrial in the Town of South Bruce Peninsula Comprehensive Zoning By-Law 122-2009. 2.4 Current Use The subject property is currently being used as a licenced aggregate pit, for agricultural use, and for residential purposes. An existing residential dwelling and garage structure are situated in th e southern portion of the property and a barn structure used for agricultural purposes is situated just north of the garage structure. 2.5 Planning and Land Use Considerations The overall property is zoned General Agriculture/Rural (RU1), Extractive Resource Industrial (M2), and Environmental Protection/Hazard (EH) under Zoning By-law Number 2011 -63. The proposed licensed boundary of the aggregate pit falls within General Agricultural/Rural (RU1) zoning. Under the Bru ce County Official Plan, the proposed licensed boundary of the aggregate pit is within the Agricu ltural and Rural Area designation. Consequently, we understand that an amendment to both the zoning bylaw (to obtain an Extractive Resource Industrial zoning) and th e County's Official Plan is required. Properties surrounding the proposed pit also include General Ag riculture/Rural (RU1) and Environmental Protection/Hazard (EH) zoning. Based on the Canada Land Inventory Soil Capability Classification for Agriculture (Canada Land Inventory Report No. 2, 1972), although the subject property is associated with Class 7pr, 1 s, 4pt, and 2w soil, the proposed licensed area is situated in an area of the Site that consists of primarily 7pr soils. Class 7 soils are associated with no capability for productive culture or permanent pasture that are sufficiently stony to make tilling, planting, or haNesting operations difficult (i.e. capability subclass "p"). It is noted that the soils in the proposed licenced area are also classified under soil capability subclass "r", which represents soils where the bedrock is near the surface. As discussed, bedrock is expected to be situated at a depth between 6 and 8 metres below ground surface in th e proposed licenced area, which is deeper than the surrounding area due to the presence of the elevated ridge of aggregate resources targeted for extraction . The total area of the proposed area of extraction has been utilized in the past as agricultural crop land; most recently grass pasture crops. As part of the development and restoration, existing topsoil shall be sequentially stripped and stockpiled with vegetated cover for use in Site rehabilitation. No offsite shipment of topsoil is permitted. Upon restoration and return to use as agricultural lands, the soil quality is expected to be similar to existing conditions. PAGE 3 OF 9 Regular Council - 02 Feb 2021 Page 110 of 252 SUMMARY STATEMENT PART L OTS 4 & 5, CONCESSION 1 - AMABEL GM BP FILE: 219094 FEBRUARY 2020 2.6 Site Access and Haul Route Primary Site access will be achieved at the southern portion of the site from Fieldside Road. A dedicated entrance roadway is situated east of the entrance roadway to the dwelling for vehicle traffic associated with the existing aggregate extraction operations. No additional traffic is expected due to the addition of 2.0 ha of licensed property area. The primary haul route is Fieldside Road, west to Sideroad 5, and south to Highway 21. Local deliveries may take alternate routes. Overall, the Site access and haul route will remain largely unchanged from the current aggregate extraction operations. 3.0 TECHNICAL REPORTS Technical reports completed by specialist consultants have been prepared to accompany this application and support the proposed pit development as follows: • A Hydrogeological Investigation, • A Level 1 and 2 Natural Environment Technical Report, and • A Stage 2 Archeological Assessment. It is noted that no noise assessment is required for this application since the proposed area of extraction is set back a minimum of 150 metres from surrounding residential dwellings. The owner of the Pit (i.e. Brad Crigger) resides in the onsite Dwelling. Each of the completed Technical Reports are described in more detail in the following sections. 3.1 Hydrogeological Investigation The study entitled "Hydrogeological Study - Proposed Pit Expansion, Category 3, Class "A" Pit Above Water, Crigger Pit- Lot 4 & 5, Concession 1N, Amabel, Town of South Bruce Peninsula" was prepared by GM BluePlan Engineering Limited (January 2019). A copy of this report is enclosed with this Summary Statement. This investigation has determined that the pit would have no impact on the ground water or surface water features within the area. Based on the geologic mapping, MECP well records, the Grey and Bruce Counties Groundwater Study, historical aggregate extraction operations on site, and on the site-specific investigations completed to date, it is conservatively estimated that the groundwater table in the proposed new licensed area is in the range of 228 masl. As part of the Hydrogeological Study, the following operational measures were recommended to protect the sensitive features: • The surface water features, including outlet elevations and controls are not to be adjusted as part of the pit development. PAGE 4 OF 9 Regular Council - 02 Feb 2021 Page 111 of 252 SUMMARY STATEMENT P ART LOTS 4 & 5, CONCESSION 1 - AMABEL G M BP FILE: 21 9094 FEBRUAR Y 2020 • To generally maintain surface water flows to th e same low-lying locations, sloping of th e restored grades to maintain similar catchment areas (pre- and post-development) shall be conducted. 3.2 Natural Environmental Technical Report The combined report titled "Natural Environment Technical Report: Level I & II Aggregate Resources Act Licence Amendment: Crigger Pit Expansion, Part Lots 4 & 5, Concession 1N, Geographic Township of Amabel, Town of South Bruce Peninsula, County of Bruce" (December 2019) was completed by AWS Environmental Consulting Ltd. A copy of this report is enclosed with this Summary Statement. Several features were identified that require mitigative measures including: • Threatened Species - Barn Swallow nesting and rearing habitat • Threatened Species - Bank Swallow nesting and rearing habitat. To address these features, the following mitigative measures were recommended: i. No alteration or disturbance shall occur from the pit operations to the identified Barn Swallow-Category 1 or Category 2 Habitat, as delineated on Figure No. 10 of the NETR. ii. Any site disturbance or extraction operations within the Bank Swallow-Category 1 or Category 2 Habitat, as delineated on Figure 9 of th e NETR, shall be in-compliance with the requirements under the Endangered Species Act, 2007. iii. Through Pit Operational Phasing design, no more than 50% of the Barn Swallow Category 3 Habitat, as delineated on Figure No. 11 of th e NETR, within the licence boundary expansion, shall be altered or disturbed at any one time. iv. For th e Pit Expansion Licence area, through Pit Operational Phas ing design and Progressive Rehabilitation: i. Extraction operations which are beyond the Barn Swallow-Category 3 Habitat shall be either extracted than rehabilitated prior to alterations/extraction occurring within the Barn Swallow Category 3 Habitat OR One of the Extraction Phases within the Barn Swallow-Category 3 Habitat shall be rehabilitated prior to alterations or extraction occurring within those lands beyond the Barn Swallow-Category 3 Habitat but still within the Bank Swallow-Category 3 Habitat. Exemption to these Pit Expansion Licence lands will be the on-going approved use and maintenance of the internal Haul Road . Extraction Lands are to be Progressively Rehabilitated back to open grassland pasture or cash crop production. PAGE 5 OF 9 Regular Council - 02 Feb 2021 Page 112 of 252 SUMMARY STATEMENT PART LOTS 4 & 5, CONCESSION 1 - AMABEL GMBP FILE: 2 1 9094 F EBRUARY 2020 3.3 Cultural Heritage Resources Investigation The Archaeological Report titled " Stage 2 Archaeological Assessment, Expansion of Brad Crigger Pit (#624969), Part Lots 4 and 5, Concession 1N, Municipality of South Bruce Peninsula, Former Geographic Township of Amabel, Bruce County. Prepared For: Brad Crigger and Ministry of Tourism, Culture, and Sport" (June 7, 201 9) was prepared by Scarlett Janusas Archaeology Inc. A copy of this report is enclosed with this summary statement. The following recommendations have been made in the report: • No further archeologica l assessment is required for the study area, and • Compliance legislation must be adhered to in the event of discovery of deeply buried cultural material or features. 4.0 OPERATIONAL PLAN The Operational Plan for the proposed pit has been developed based, in part, on the results and recommendations made in the Hydrogeological Investigation, the NETR and the Cultural Heritage Resources Investigation. 4.1 Extraction Operations 4.1.1 Depth of Extraction The pit is designed fo r extraction above the water table. Based on the findings of the Hydrogeological Report (GM BluePlan, January 2020) and onsite observations of onsite active aggregate extraction activities adjacent to the proposed licenced area, the high water table was conservatively estimated to be in the range of 228.0 mas l. Based on the requirement for extraction lo be 1.5 m above the high water table, the minim um elevation of extraction is estimated to be 229.5 masl (i.e. 1.5 metres above the high water table elevation of 228 masl). Although the depth of the water table has been established via the Hydrogeological Study, it is possible that subsurface conditions can vary from those identified. As such, no excavation below th e water table, or in standing water is to occur during operations. 4.1.2 Water Diversion and Surface Water Management No water diversion or taking is planned as part of pit operations. Surface water is to continue to be subject to overland flow and infiltration within the licensed area. Consequently, no permitting specific to water diversion or pumping, such as Ministry of Environment, Conservation and Parks (MECP) Environmental Compliance Approval or Permit to Take Water will be required. 4.1.3 Equipment Extraction of aggregate is proposed to take place year-round with the majority of extraction from April to November duri ng each year of operation at th e pit. The mined material is primarily intended for use as aggregate. Extractio n is proposed to occur via excavation equipment including excavators, loaders, or dozers with potential processing via portable crusher and/or screening plant, as needed. No blasting is proposed to occur. PAGE 6 OF 9 Regular Council - 02 Feb 2021 Page 113 of 252 SUMMARY STATEMENT PART LOTS 4 & 5, CONCESSION 1 - AMABEL G M BP FILE : 2 19094 FEBRUARY 2020 The potential equipment to be utilized on-site includes: excavators, dozer, loader, skid steers, grader, crusher, screener, stacker, generator, air compressor and trucks. 4.1.4 Extraction Phases and Quantities The total area to be licenced comprises 2.0 ha. The total area within the setback limits that is proposed for extraction is 1.52 ha. The remaining 0.48 ha is comprised of the required set-backs from the licence boundary. It is proposed to conduct the extraction operations in three (3) phases, commencing at the southerly portion of the licenced area and generally proceeding in a northerly direction. Each phase would include an area of approximately one third of the total extraction area. Extraction of suitable aggregate would be completed in each phase and rehabilitation would be completed as per the requirements outlined in the NETR and the Rehabilitation Plan (i.e. Drawing No. 3) before extraction in the adjacent area would start. The limits of extraction proposed in each phase are indicated on th e Operational Plan (Drawing No. 2). The estimated quantities of materials and aggregate to be extracted in each ph ase are summarized in the following table. The density of aggregate has been estimated to be 2.2 tonnes/m3 for the purposes of the calculated tonnage. Phase 1 Phase 2 Phase 3 Total -All Phases Area (ha) 0.48 0.61 0.43 1.52 Total Volume (m3) 9,400 16,100 13,600 39,100 Topsoil and 1,400 1,800 1,300 4,500 Overburden Materials Total Aggregate In- 8,000 14,300 12,300 34,600 Place (m3) Approximate Mass 17,600 31,500 27,100 76,200 (tonnes) Approximate Lifespan 0.9 1.6 1.4 3.9 (years) Note: An unknown percentage of the total aggregate volume is expected to be lost due to unsuitable materials. Based on an average extraction rate of 20,000 tonnes per year, the life of this licenced area is estimated to be in the range of 4 years assuming the full limits and depths of proposed extraction are realized. The sequence of material movement and extraction operations within each extraction phase is described in the following: Phase 1 1. Stripping of topsoil and extraction of the overb urden down to the top of th e aggregate would be completed in the Phase 1 area. The topsoil/ overburden materials from Phase 1 are to be placed in stockpiles away from the limits of extraction and within the licenced boundaries on the property and used for Phase 1 rehabilitation. 2. Stripping of topsoil and overburden in Phase 2 shall not commence prior to the completion of Ph ase 1 extraction and rehabilitation. PAGE 7 OF 9 Regular Council - 02 Feb 2021 Page 114 of 252 SUMMARY STATEMENT PART LOTS 4 & 5, C ONCESSION 1 -AMABEL GMBP FILE: 219094 FEBRUARY 2020 Phase 2 1. Stripping of topsoil and extraction of the overburden down to the top of the aggregate would be completed in the Phase 2 area following th e completion of Phase 1 extraction and rehabilitation. Th e topsoil/ overburden materials from Phase 2 are to be placed within th e licenced boundaries on the property and used for Phase 2 rehabilitation and/or the completion of Phase 1 rehabilitation, as needed. 2. Stripping of topsoil and overburden in Phase 3 shall not commence prior to the completion of Phase 2 extraction and rehabilitation. Phase 3 1. Stripping of topsoil and extraction of the overburden down to the top of the aggregate would be completed in the Phase 3 area. The topsoil/ overburden materials from Phase 3 are to be placed in stockpiles away from the limits of extraction and within the licenced boundaries on the property and used for Phase 1 rehabilitation and/or the completion of Phase 2 rehabilitation, as needed. 2. Upon completion of Phase 3, rehabilitation of the Site is to commence. If required to access the northern, currently licensed area of the property after the final rehabilitation of the proposed licensed area, an internal haul road may be left across the licensed boundary until the final aggregate extraction in all licensed areas are complete and the full property rehabilitation commences, at which time the internal haul roads are to be rehabilitated. 4.1.5 Visual Screening Visual screening from Field side Road is accomplished by the natural topography of the area and a low berm that is cu rrently in place on the southern boundary of the existing active southwestern licenced area. Therefore, no berms are expected to be necessary for the proposed licenced area. No visual screening is required along the remainder of the north, east and west boundaries due to the land topography and existing tree/vegetative cover. 4.2 Access and Haulage Route The primary haul route for the proposed pit is the same as the existing pit operations: Fieldside Road west to Sideroad 5, and south to Highway 21 . Local deliveries may take alternate routes. 4.3 Operational Setbacks Operational setbacks have been provided to mitigate potential concerns caused by operations including, but not limited to, noise, visual buffer, and ecological and environmental disruption. Prior to extraction in each Phase, the limits of extraction are to be staked/demarked. The following setbacks are shown on the Operational plans and were developed based on standards developed through the ARA or support studies: • Greater than 30 m setback for limit of extraction from a "highway" has been provided along the southerly limit. • 30 m setback from property boundaries for soil and overburden stockpiles (not including berms). • 15 m setback from property limits. • 3 m setback for berms from property boundary. • The setback for noise receptors (150 m) has been met. Therefore, a Noise Impact Assessment is not required. P AGE 8 OF 9 Regular Council - 02 Feb 2021 Page 115 of 252 SUMMARY STATEMENT PART LOTS 4 & 5, C ONCESSION 1 • AMABEL GMB P F IL E: 219094 FEBRUARY 2020 4.3.1 Site Plan Overrides The following Site Plan overrides have been proposed in consultation with the MNRF: i. Although Section 5.11 of the Provincial Standards under the Aggregate Resources Act indicates that, "no excavation can occur within the excavation setback area of the Site," (i.e. 15 metres from the licensed boundary), since the proposed licensed boundary abuts the two existing licensed areas to the north and west, the proposed limits of extraction are to the licensed boundary in those specific locations. ii. Although Section 5.13.1 of the Provincial Standards under the Aggregate Resources Act indicates that, "no person shall pile aggregate, topsoil, or overburden within 30 metres from the boundary of the Site," since the proposed licensed boundary abuts the two existing licensed areas to the north and west, aggregate, topsoil, and overburden may be placed within the standard 30 metre setbacks in these areas. 4.4 Progressive and Final Rehabilitation Rehabilitation is to occur progressively throughout development of the proposed Pit. Rehabilitation of the phases is to be initiated upon completion of each successive phase so that no more than one Phase is exposed at one time, with the exception of internal haul roads and during transition from one Phase to the next. Site rehabilitation is to be completed as per the NETR recommendations and the Rehabilitation Plan (Drawing No. 3). Excess and/or unsuitable overburden is to be used to complete restoration. Imported fill is not expected to be required for the rehabilitation of the Site. After extraction and as part of rehabilitation, the final grade of the side slopes are to be no steeper than 3:1 (horizontal to vertical). The side sloping may be achieved via extraction methodology or by filling with excess soils and/or inert fill. As part of the development and restoration, existing topsoil is to be stripped, maintained in stockpiles on site with vegetative cover, then replaced. Replaced topsoil shall be vegetated with grasses or agricultural crops such as wheat or beans and completed as per the NETR. Additional seeding is to occur on a regular basis until sufficient vegetative cover is achieved. Upon restoration and return to use as agricultural lands, th e soil quality is expected to be similar to existing conditions. After restoration and where harvest is not planned for the next season, the field is to be seeded with standard cover crop to promote soil fertility. All of which is respectfully submitted, GM BLUEPLAN ENGINEERING LIMITED Per: Corbin Sweet, B.Sc., G.I.T. Matthew Nelson, P. Eng ., P. Geo. CJS/mz PAGE 9 OF 9 Regular Council - 02 Feb 2021 Page 116 of 252 DRAWINGS: Regular Council - 02 Feb 2021 Page 117 of 252 Regular Council- 02Feb2021 \ '"" --+----1 -- -~ ..------.. •\ AGfUCUI.TUR.Al +'-_I ,/ LOT• / CONC 1 N , ---ry..,:~ -=I \ --$- ~ ,'l'7--.,_...... /,/ ,,- ~--~ \ l .q,. ~ - ----~\ 1-MIO APPLICANT· BRAb CRICCCR 180 nnoSJOCROAD AUCNFOlff>, ONT/tRIO NOH 1A0 ~-..:-· «··=."'..::-~:"'-~ -:::.... RUt,u w::::.-,.=='="'-~.:::...-:-...... ::..-.:.;. · l'.ClllCU.TURAL --,__,-=..,"--... -- ---..· ,':'!.. .!,.":.,'::'.:".:" ----~- -· ... ,\N/\R'< LOT S pRl:.U ,s1Ruc1,0N CO,,CA t.iO'tfQRC Page 118 of 252 \ " -~-. " . ~- ' ~ ' ✓------@I E!.IJ. _,.._,. QOl·•...... iu _,._..,_ntciCll__ __ u -- I. ___ _,,, •• QI..__..,,.,,...,,:,_.,.••• __,_ ."· __ ·· .. ...- ,, ,_ .._.,, l ''- ··....--,.... · -·_ --~ • ----,.,...... ,_.. .· - _,.,._, ... - ...... , ..,_"""__,_,_...... _ • .ll,II, PROPOSED PIT EXPANSION l, - ..._ _.. _,.,._ ,11.__ _,_, ....._....., ..... - CRIGGER PIT PART LOT 5, CONCESSION 1 N I . -ff __, U otw,-<1"'",o l,{t ...... _ ._flU-•.U• )Onf :I -- ,. ,...,.ao""""""'"'""'""'"' "' ~.. ~-- .,._..__ ..,.,_,...,..,, ' - ~: .... } TOWN OF SOUTH BRUCE PENINSULA r~ - :=::;::-~"•:"!'·.:=."!:'~.. "'~•...,.. ~- .. QI - •I -r~ ,, GEOGRAPHIC TOWNSHIP OF AMABEL EXISTING FEATURES PLAN •-• ••- I -~•- I !! 1 of 4 !~ ?''------=--=-----\CHi'.11.IOO ------__hd-~,~*•~~-·.. B Regular Council- 02Feb2021 0-, " --..___/ / ____..------\ ""' -~\_~],, '\ A~UI.TUIW. .,~ /' COH - /, CONC1N --.a:-1111-..- '---."'~ /, \--~ ~ -lllllD ...... UOOICf..., _..:..--1 -·~---- • -H.a:OOCD·...... -fl\· ~ __:.:::;: ,~:sLIMIC("L - Ru1- APPLICANT: 8R'40 CRICCCR 180 ni:LDSJOC ROAD AU.CW-ORO. OHTIIRfO NOH /AO RUl..,1 I.:.;.:~::·=:;_.~~- AGRICtL TURAL ·-- ...... ~~·.--. -.:..-:..•,:;c.:-:~.-- \NARY l0T5 pRE.U ,S1ft\)C1'10tl COHO. t,101'f0RC1 I I - ~:!""..:..____ ::::-:.-~=--==._,..._,._.._____ ·----...._...... ,,._,..""'_.. --- .....,... • ~~..!.'!.":!."':'::.":~;:~• - U-ICl'IM•_,,,. • ..,_,_ Page 119 of 252 \ ~- ":i ..•,_.,._._. ___...... _..... --·--· · ·=" 1i~~t~-;~~:~~-:-~· - w -=:::--.::.:-~--.,.,.:.:.=:...:.~ .. ~,,.. ,..., ::;: .."':::UO:="'- ...... _ ... --- - - ,_,,, .... ' ,, "'='"""'_,_ ,oc,.-. • • wr,,"'.--,.,...,.,.,...... ,.... 111..-. / ~'::.~"!.-:~ ::::...... -...,..,:;~~-::.~....::c: •~.UII!-... @It~ ....__ ,___ ..., _,, ______.! ·,---~-=--- _""'·.:' ;~~~~==~~=:::·:t~~~i~~~, -~=::.-· ·-"lit~l --- . / 11 · ,! :::•:::,:,O::,'!,":,f-=::-_,::::-=::::-.-:.::-.:-:.•.::-:-.:_tlf t:=.'"'--::..::",.C::..---•-• u_.___ ,.,__, .....,_,,,, · :'.,.~':,':'!!"'::....~,.:," :"..::,..-.--"".- •...a.•.. •-••-~..., PARTLOT5,CONCESSION1N -] l' ::~·:;;-::~~=~:J:!'~.!'.=::.-~-- -~}( .. '" .~'. j gj.:;;~f..[-:~;;:~; :;:;::~;;;: ~_::::.::::---=-=.:::::.:::::.:::::::-..:·TOWNOFSOL/TH BRUCEPENI NSVlA l OPERATIONS PLAN :..-:.~•-•=,~:.':::'~".."::"...':=.::..-=:--·····--- - :=-"-~"•--··--·-·-·------GEOGRAf'HICTOWNSHIPOFI\MABEL !~ ... - ...... ~-.,;._--::::.:.::,:;..:-:::;= ..-,""'---lfU. ,....=::~-....·-··- ·----..- ...... ,_,...... :· I ..,::.··I"':~:.:...... 1 - ...... ~i ~~'-'""' )0 - 11.i;:-.•.,~ -=::=-.~--.,:,r~··· ...... ,..,,...... _, )t.~~::.tr:='::.'=',:,:~~':'.c::-.-;:u....~•~~ ...::..i:: "'._.,,.: · I oc::.... I ...~,o 12 of 41 Regular Council- 02Feb2021 LEGEl-0 -~ ") ------._____/ -\ -el: ------AGRICUl""'TUR-'l i - /. - ✓-----LOT~ ------\ __ ,a_,u,_ \ .. / CONC 1 N ' ____.__,oG1.(-.._ __""_ 1tUI<-&..., .....,. _ ...... ,,,.. ,..-.-..:.i APPLICANT· BRAD CRICCCR ,so nnoswc ROAD Af.LC'NF'ORO, ONr.A.RiO HOH IAO -:~:~?, ------, ·, "; \ RU1-u ~~c:-=::-E-:~~~- ~-:•1 ACRICULT URAl ...... :"'\'" -~- ...~~ .:....._::: ~~-- ... - '------=-...,~ 1NP..RY ------pp.EU ~1-~------.~.-··- · LOTS 1s1Ruci10N ·- CONOA 1401fo RC4 ~~1.' ~ I Page 120 of252 ✓---,_ ...... ,,... -- - '- / ' ...u @I ~ AC'""" ...... _,, ...... ___,., !I , , , ~~""" .:::. ~:__// ;~ 2~:i:~-:~~~~~f:::~ ·?···~~-k _-_,.._ - --- PROPOSED P1T E}l;.PANSION CRIGGER PIT j PART LOTS, CONCESSION 1 N TO\oVNOF SOUTH BRUCE PENINSULA GEOGRAPHIC TOWNSHIP OF AMABEL ' " I ...... I-~" "" I ...... •,-:~. I ..;::;:.. 1 3ot 4 Regular Council- 02Feb2021 T -+-..- ' i_.. LEGEND _)"tH- _ l _ :;:~ .-c.. --1~~..:.... --- 7 ·,..~--..I~ · A A' ,~ ,"'. ,.- ~ \ __J ,. ,. --.,• ' MUCf N:-si.u "' '" ---,, ,_ Of'K~ PL/IN '" ,,"'. '" ;::::;;:::::::- ,."' ,."''" ""' ,. -"' ,'"m. - "' ~ -~ [ m; ;t ~i ' lli l" l 1 ' :; APPLICANT: BRAD CRICCC.R 180 f'1£LDSIOC ROAQ ALUNfCORO, ONrARIO NOH IAO 8 ' ,~ - ,."' -,."' ,w. "',.- ,."' "' ,.'" "'u ,'". - '" -m 'm" 1.:.;;;.$~:> ,·_1;:..;L~,:f-::;-· - ,.,n - .._..... ~ ·... - ".~-::.::t:--.:,~-- * i ~i i: F1 ~ p~~;~i~~~~y Page 121 of252 @It~ ...... ·-···"'"·~·- .."' PROPOSED PtT EXPANSION ,! CROSS SECTIONS CRIGGER PIT PART LOT 5. CONCESSION 1 N r~ TO\IVN OF SOUTH BRUCE PENINSULA , GEOGRAPHIC TOW NSHIP OF AMABEL I I! :--!"'='~ " - -.:.. -:;:·· -;;::..-"~ I -·-•• • --• 4 4 !!I ~----•~ 1.: ..1 .. ~~-I u~ .. I of Regular Council - 02 Feb 2021 Page 122 of 252 Regular Council - 02 Feb 2021 Page 123 of 252 8 9 RU1 ,, 27 28 29 ( \ \ i \ \ ,r) I '. I \/ l ,.' \ \ -----1 -- ---. ,.,\ ~------\-- \ \\ I \\ I \ \ \ : ~ :ii \1 \ t01 °35 \ \ \ cON 13 36 Regular Council - 02 Feb 2021 \ '.l2 } PageI 124 of 252 \ ------\I \ 34 \ 30 \\- ',\ Environmental Hazard EH r- Section 29 Environmental Hazard Zone EH 29.1 Scope No uses are permitted on lands zoned Environmental Hazard Zone EH unless expressly permitted by this By-law. 29.2 Permitted Uses • Conservation • Forest Management • Fish and wildlife management • Flood control • Erosion Control • Passive recreation • Existing Agricultural Uses • Accessory uses in accordance with Section 6.1 (By-law 67-2013, Z-07-2013.58) 29.3 Structures Prohibited Notwithstanding any other provisions and definitions of this By-law, all buildings and structures shall be prohibited in an Environmental Hazard (EH) zone except for the ( following: i. Those necessary for flood and/or erosion control; ii. Unenclosed picnic shelters within a public park; iii. Washroom facilities within a public park iv. Buildings and/or structures accessory to essential public sewer and water services that by their nature must locate within an Environmental Hazard zone; v. Boathouse in accordance with Section 6.1.6 Boathouses. (By-law 67-2013, Z-07- 2013.58) Note: Ontario Regulation 151/08 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Some of the lands within and adjacent to the Environmental Hazard zone, as shown on the by-law schedules, may be subject to Grey Sauble Conservation Authority's (GSCA) Ontario Regulation 151/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. Where development or site works are proposed within a regulated area, as shown on schedules filed with the Conservation Authority where such mapping exists, a permit from the GSCA may be required. The GSCA should be contacted to determine the extent of the regulated area. The GSCA should be consulted before development including construction, reconstruction, conversion, grading filing or excavating occurs to determine whether the authority regulations apply. L . Town of South Bruce Peninsula Office Consolidation Zoning By-law 122-2009 173 January 2019 Regular Council - 02 Feb 2021 Page 125 of 252 General Rural RU1 , -- Section 8 General Rural Zone RU1 1 8.1 Scope On lands zoned RU1 General Rural, all uses are prohibited unless expressly permitted by this By-law. 8.2 Permitted Uses (By-law 67-2013, Z-07-2013.58), (amended Child Care By-law 42-2016) • Agricultural Uses • Wayside Pits • Agritainment • Wayside Quarries • Equestrian Center • Temporary Portable Asphalt Plant in • Farm a Wayside Pit or Quarry • Forestry • Recreational Trails operated by a • Greenhouse Public Agency • Home Child Care • Conservation • Unlicensed Child Care in a • Seasonal Agricultural Produce Stand permitted dwelling as per Section 8.5 • Home Occupation • Temporary Farm Accommodation • Home Industry • Public uses limited to public • A Single detached Residential transportation, utility and C Dwelling on a lot communication facilities and • Conversion of a Residential structures Dwelling Single Detached • Accessory uses, buildings and accessory to a Farm for one structures in accordance with additional residential dwelling unit Section 6.1 in accordance with Section 6.34 Residential Conversions. ( ___ , Town of South Bruce Peninsula Office Consolidation Zoning By-law 122-2009 81 January 2019 Regular Council - 02 Feb 2021 Page 126 of 252 General Rural RU1 8.3 Zone Provisions (By-law 67-2013, Z-07-2013.58) & (Z-23-14.59 HSKP #2 By-law 78-2014) Lots Larger Than 1O Lots. Smaller or Acres Equal to 10 Acres Min. Lot Area 40 ha (100 ac) 0.61 ha (1.5 ac) Min. Lot Frontage 122 m (400.3 ft) 30.5 m (100 ft) Max. Lot Coverage 15% 15% Min. Front Yard and Min. Exterior Side Yard Residential Dwelling 20 m (66 ft) 15 m (50 ft) - Single Detached Livestock buildings, structures 20 m (66 ft) or applicable MOS requirement, and manure storage whichever is greater Accessory building (excluding 20 m (66 ft) 15 m (50 ft) Livestock buildings, structures and manure storage) Min. Interior Side Yard Residential Dwelling 6 m (20 ft) 3 m (9.8 ft) - Single Detached ( Livestock buildings, structures 20 m (66 ft) or applicable MOS requirement, and manure storage whichever is greater Accessory building (excluding 9 m (30 ft) 3 m (9.8 ft) Livestock buildings, structures and manure storage) Min. Rear Yard Residential Dwelling 15 m (50 ft) 10 m (33 ft) - Single Detached Livestock buildings, structures 20 m (66 ft) or applicable MOS requirement, and manure storage whichever is greater Accessory building (excluding 9 m (30 ft) 3 m (9.8 ft) Livestock buildings, structures and manure storage) Residential Dwellings 2 Minimum Ground Floor Area 111 .5 m2 (1,200 ft ) Maximum Building Height 2.5 stories Town of South Bruce Peninsula Office Consolidation Zoning By-law 122-2009 82 January 2019 Regular Council - 02 Feb 2021 Page 127 of 252 General Rural RU1 Despite the above minimum lot area requirement, lots legally existing as of the date of passing of the Zoning By-law, or created by consent after the date of passing of this By law and having a lot area of less than 40 ha (100 ac) may be used for a permitted use provided all other requirements of this By-law are met. 8.4 Minimum Lot Size - Livestock (By-law 67-2013, Z-07-2013.58) Notwithstanding their General Rural (RU1) or Restricted Rural (RU2) zoning, those lots 4.0 hectares (9.9 ac.) in size or less shall be limited to no more than 1.25 nutrient units per hectare (0.5 nutrient units per acre). Minimum Distance Separation Guidelines shall apply. 8.5 Setback For Wayside Pits And Temporary Portable Asphalt And Concrete Plants Wayside pits and quarries, portable asphalt plants and portable concrete plants used on public authority contracts shall be permitted, provided that no temporary portable asphalt plant may be situated closer than 90 m (295 ft) from a residential building. 8.6 Seasonal Agricultural Produce Stands ( (By-law 67-2013, Z-07-2013.58) Seasonal agricultural produce stands may be permitted in association with an agricultural use, building or structure subject to the following: Minimum lot area 10.1 ha (25 ac) Maximum floor area 23 m2 (247.6 ft2) 7.5 m (24.6 ft), or the applicable distance required by the applicable Authority as specified in Section 6.14 County Minimum front yard Street Right-of-Way setbacks of this By-law, whichever is greater. Town of South Bruce Peninsula Office Consolidation Zoning By-law 122-2009 83 January 2019 Regular Council - 02 Feb 2021 Page 128 of 252 Extractive Industrial M2 1 ' Section 24 Extractive Industrial Zone M2 24.1 Scope No uses are permitted on lands zoned Extractive Industrial Zone M2 unless expressly permitted by this By-law. 24.2 Permitted Uses • Mineral aggregate operation • Processing of extr?cted materials within a permitted licensed pit or quarry including screening, sorting, working, crushing, storing and other similar operations. • Aggregate Transfer Station • Temporary Portable Asphalt Plant • Asphalt or Concrete Plant • Conservation • Forestry • Agricultural Uses 24.3 Zone Provisions C Minimum lot area 2 ha (4.9 ac) Minimum lot frontage 30 m (98.4 ft) 24.4 Setbacks a) No building, structure, plant or product stockpile shall be located on the pit site within 30 m (98.4 ft) of any zone boundary, nor within 90 m (295 ft) of the boundary of any Residential use or Zone on adjacent property. Note: Extractive uses are regulated under the provisions of the Aggregates Act and its regulations, and through license conditions. The approval of licenses for extractive uses is regulated by the Ministry of Natural Resources. L Town of South Bruce Peninsula Office Consolidation Zoning By-law 122-2009 157 January 2019 Regular Council - 02 Feb 2021 Page 129 of 252 The Corporation of the Town of South Bruce Peninsula P.O. Box 310, 315 George Street Wiarton, ON Angie Ca1hrae NOH 2TO Director of Legislative Telephone: (519) 534-1400 ext 122 Services,Clerl<: Fax: (519) 534-4862 Toll Free 1-877-534-1400 e-mail: [email protected] Report Re: Council, February 2, 2021 Report No: LS20-2021 Subject: Twining and Lemon Sand Beach Lease Agreement for 2021 Recommendation: That the necessary by-law to authorize the Mayor and Clerk to sign an agreement with Barbara Joan Twining Estate and Alberta Lemon for lease of the sand beach at Sauble Beach be placed on an upcoming Council agenda for consideration. Link to Strategic Planning: Goal 3: Collaboration and Partnerships and Goal 4: Healthy, Vibrant and Safe Communities would be the general links to the Strategic Plan. Specific objectives and actions would be as follows: 3.1 Maximize shared services and resources 3.1.1 Explore formal and informal opportunities to collaborate for expanded service delivery, reduced cost, and improved community benefit 4.1 Enhance facilities for healthy living and affordable recreational and cultural opportunities Background: In 2020, Council directed staff to lease the Twining/Lemon portion of the sand beach at Sauble Beach. Leasing this property provided additional recreational sand beach space for beach patrons. High water levels meant that there was very little sand beach to enjoy. The COVID19 pandemic meant that beach patrons would require additional space so that they remained During the 2021 budget deliberations, staff and Council discussed the potential lease of the sand beach for a longer term (ie. five years). The Twining/Lemon family were only interested in a lease agreement for the 2021 season. As such, staff have prepared a lease agreement for the sand beach for the 2021 season only. While it is not known what the spring and summer water levels will be, it is anticipated that we will not return to the expanse of sand as enjoyed in the not so distant past. The lease agreement being presented is identical to the 2020 agreement with the exception of: • A prohibition on alcohol at special events as that would negate the owners insurance; Regular Council - 02 Feb 2021 Page 130 of 252 • The lease amount has been increased to $40,000 plus HST; • The contact for the owner is now Pam Shute; • The lease will be paid in three instalments of $15,000, $15,000 and $10,000; • Instalments will be paid on June 1, July 1 and August 1; and • The lease term will be June 1 to September 7, inclusive. The lease has been presented to the family for their review. Any changes will be communicated to Council prior to final readings of the by-law. The contact information for Mrs. Shute will be inserted into the copy being considered by Council for readings. Attachments: One Proposed Signatory By-Law Options: a) Move the by-law forward for consideration. b) Suggest changes which will be communicated to the family representative for consideration. Inter-departmental Impact: The Legislative Services Department works with the property owner to secure the lease and manages enforcement of Town by-laws on the property. The Financial Services Department will issue the cheques in payment of the lease instalments. The Public Works Department will ensure that the sand beach is cleaned and signed appropriately. Financial Implications: ~ Approval of Director of Financial Services The 2021 approved budget included the lease amount of $40,000 plus HST. Expected Date of Completion: It is anticipated that readings of the by-law would take place at the February 16, 2021 Council meeting, after which, no further Council action would be required. Prepared by, Respectfully submitted, Angi Direct r of Legislative Services Chief Administrative Officer Date:0anua_J 2sI LozJ Date: ------ Regular Council - 02 Feb 2021 Page 131 of 252 The Corporation of the Town of South Bruce Peninsula By-Law Number XX-2021 A By-Law to Authorize the Mayor and Clerk to Sign an Agreement with Barbara Joan Twining Estate and Alberta Lemon for Lease of the Sand Beach at Sauble Beach Whereas Section 8 of the Municipal Act, 2001, Chapter 25, as amended, provides that Section 8 shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; And whereas Section 9 of the Municipal Act, 2001 , Chapter 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; And whereas the Town deems it expedient to enter into an Agreement with Barbara Joan Twining Estate and Alberta Lemon for lease of the sand beach at Sauble Beach. Now therefore the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. That the Mayor and Clerk are hereby authorized to sign a Lease Agreement with Barbara Joan Twining Estate and Alberta Lemon for lease of lands known as Part Lot 26 Concession D, Roll Numbers 41-02-540-011-16200, 41-02-540-011- 16300 and 41-02-540-011-16301 . 2. That the Lease Agreement referred to herein shall be attached hereto and form part of this by-law. Read a first and second time this 16th day of February, 2021. ______Mayor ------Clerk Read a third time and finally passed this 16th day of February, 2021. ______Mayor ------Clerk 1 Regular Council - 02 Feb 2021 Page 132 of 252 Lease Agreement Between: The Corporation of the Town of South Bruce Peninsula hereafter referred to as the "Town" and Barbara Joan Twining Estate and Alberta Lemon, hereafter referred to as the "Owner" Whereas the Town deems it expedient to enter into a lease agreement with the Owner for the use of three properties located on the sand beach at Sauble Beach; And whereas the three properties are more particularly described in the attached Schedule "A", and are hereinafter referred to as the Lands; And whereas the Town desires to use the Lands for the purpose of a recreational beach area which may be used for special events. Now therefore the parties hereto agree as follows: 1. Term, Termination, Maintenance and Lease Fee 1.1 The Town hereby agrees to lease the Lands subject to the covenants, obligations, terms and conditions set forth in this Agreement. 1.2 The lease term shall commence June 1, 2021 and end September 7, 2021 unless otherwise terminated or declared null and void in accordance with the provisions of this Agreement. 1.3 This Agreement may be terminated by either party, for any reason, on thirty (30) days written notice without penalty or recourse; the lease fee will be prorated and owing only for that period where the Lands were occupied by the Town. 1.4 The Town agrees to provide general maintenance on the Lands for the term of the lease. General maintenance shall mean and include the removal of garbage and debris but will not include resurfacing, fencing, utilities or other such improvements. 1.5 The Town agrees to provide general monitoring of the property against unregulated parking and other unlawful use of the property as per the Town's by laws. 1.6 Unless this Agreement is otherwise terminated or declared null and void, the Town shall pay the Owner a total lease fee in the amount of $40,000 (forty thousand dollars) in Canadian funds which shall be exclusive of HST. 1.7 The lease fee shall be paid in three instalments as follows: Regular Council - 02 Feb 2021 Page 133 of 252 39735261.1 -2- Due June 1, 2021 $15,000 (fifteen thousand dollars); Due July 1, 2021 $15,000 (fifteen thousand dollars); and Due August 1, 2021 $10,000 (ten thousand dollars). 2. Use 2.1 During the Term of this Agreement, the Lands shall not be used for any purpose other than for a recreational beach area which shall include use for special events without the express consent of the Owner given in writing. It is hereby understood by the parties hereto that the Town is strictly prohibited from permitting alcohol at any special event which is held on the Lands. 2.2 The Town agrees not do or permit to be done on the Lands, anything which may: (a) constitute a nuisance; (b) cause damage to the Lands; (c) make void or voidable any insurance upon the Lands; or (d) constitute a breach of any by-law, statute, order or regulation of any municipal, provincial or other competent authority relating to the Lands. 3. Insurance and Indemnification 3.1 The Town shall carry insurance in its own name insuring against the risk of damage to the Owner's property and the policy shall provide for coverage on a replacement cost basis to protect the Owner's property. 3.2 (a) · The Town shall carry public liability (minimum of $5,000,000.00 per occurrence) and property damage insurance in which policy the Owner shall be an additional insured and the policy shall include a cross-liability endorsement. The policy will afford coverage for products and completed operations and shall not be restricted to premises coverage. (b) The Town shall provide the Owner with a copy of its insurance policy annually. (c) Automobile liability (minimum of $2,000,000.000 limit per occurrence). 3.3 No insurance policy referenced in this Agreement shall be cancelled or be permitted to lapse unless either party notifies the other in writing at least thirty (30) days prior to the effective date of the cancellation or expiry. 3.4 The Town hereby agrees that it will indemnify, defend and hold harmless, the Owner from any and all claims, demands, suits, causes of action, losses, damages, expenses and/or any and all litigation arising out of occurrences, in or on the Lands due to the error, act or omission of the Town. 3.5 The Town shall be held as fully responsible to the Owner for the acts and omissions of persons directly or indirectly employed by it. Regular Council - 02 Feb 2021 Page 134 of 252 -3- 4. Maintenance of the Lands 4.1 The Town is responsible to keep the Lands in equal condition as at the beginning of the Term of the agreement and throughout the Term of the Agreement, or any extension thereof, and shall be responsible for the costs to repair damage to the Lands caused by the wilful or negligent conduct of the patrons of the Town or employees of the Town, reasonable wear and tear excepted. 5. Compliance with Laws 5.1 The Owner shall, at all times during the Term, or any extension thereof, comply with all municipal by-laws, provincial and federal laws, building, fire, propane and sanitation regulations and/or codes in relation to the Town's use or occupation of the Lands. 6. Compliance with Environmental Laws 6.1 In this section, the following terms have the following meanings: (a) "Environmental Laws" means any law, by-law, order, ordinance, ruling, regulation, certificate, approval, consent or directive of any applicable federal, provincial or municipal government, a governmental department, agency or regulatory authority or any court of competent jurisdiction: (i) relating to pollution or the protection of human health or the environment (including workplace health and safety); (ii) dealing with filings, registrations, emissions, discharges, spills, releases or threatened releases of Hazardous Substances or materials containing Hazardous Substances; and/or (iii) regulating the import, storage, distribution, labelling, sale, use, handling, transport or disposal of a Hazardous Substance. (b) "Hazardous Substance" means any substance capable of posing a risk or damage to health, safety, property or the environment including, without limitation, any contaminant, pollutant, dangerous or potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable or explosive material, radioactive material, and any other substance or material now or hereafter declared, defined or deemed to be regulated or controlled under any Environmental Law. 6.2 Without limiting any other obligation of the Town in this Agreement, the Town covenants and agrees that it shall, at its sole cost and expense, observe and otherwise comply with, and cause its invitees and all other occupants of the Lands to observe and comply with all Environmental Laws. 6.3 The Town shall immediately provide the Owner with written notice of any order, direction, notice of default or notice of legal action received by the Town pursuant to any Environmental Laws and relating to the use and occupation of the Lands by the Town. The Town shall not be responsible nor liable for any non compliance with Environmental Law as it relates to any situation which pre-dates Regular Council - 02 Feb 2021 Page 135 of 252 -4- this Agreement nor for any non-compliance with is not attributed to the use by the Town of the Lands. 7. Owner's Rights of Access 7.1 In accordance with all applicable law, the Owner retains the right of entry upon the Lands to perform such inspections as may be required under this Agreement or which may be required from time to time in order to exercise the Owner's rights of ownership to the Lands. 7.2 Notwithstanding subsection 7.1 above, the Owner will be expected to abide by all Town by-laws as would be expected of any invited patron of the Town. The Town reserves the right to levy fines and charges for violation of by-laws for recreational beach use. 8. Notice 8.1 Any notice required or permitted to be given by one party to the other pursuant to the terms of this Agreement may be given: To the Town at: 315 George Street PO Box 310 Wiarton ON NOH 2T0 To the Owner at: Pam Shute 232 1st St A West Owen Sound ON N4K 6R5 8.2 The above addresses may be changed at any time by giving ten (10) days written notice. 8.3 Any notice given by one party to the other in accordance with the provisions of this Agreement shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed or sent by courier. 9. Assignment and Representation 9.1 The Town shall not assign this Agreement, the Lands or any part thereof without the written consent of the Owner. 9.2 The Owner is represented by Pam Shute who shall be authorized to execute this Agreement and enforce the provisions of this Agreement on behalf of the Owner. 10. Clauses Severable 10.1 The failure of the Owner to insist upon the strict performance of any covenant of this Agreement shall not waive such covenant and the waiver by the Owner of Regular Council - 02 Feb 2021 Page 136 of 252 -5- any breach of any covenant of this Agreement shall not waive such covenant in respect of any future or other breach. 10.2 It is intended that all provisions of this Agreement shall be binding and effective. In the event that any particular provision or provisions or part of a provision is found to be void, voidable or unenforceable for any reason whatsoever, the particular provision or provisions or part of the provision shall be deemed severed from the remainder of the Agreement and all other provisions shall remain in full force and effect. 11. General Provisions 11 .1 The Schedule attached hereto is incorporated in, and forms a part of, this Agreement. 11.2 This Agreement shall be interpreted under, and is governed by, the laws of the Province of Ontario and the laws of Canada applicable therein. 11.3 Nothing herein contained shall create or be deemed to create an employment relationship, joint venture or partnership between the parties. 11.4 This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 11.5 This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions of the parties. There are no warranties, representations or other agreements in connection with the subject matter of this Agreement except as specifically set forth herein. 11 .6 This Agreement may be executed in counterparts and delivered by e-mail or facsimile transmission and each such counterpart, whether delivered executed in its original form or by e-mail or facsimile transmission, shall be, and be deemed to be, an original instrument all such counterparts, when taken together, shall constitute one and the same document. 11.7 This Agreement shall become binding upon the parties hereto upon the date of the final execution of this Agreement. In witness whereof the parties hereto have hereunto set their hands and seals. Barbara Joan Twining Estate and The Corporation of the Town of Alberta Lemon South Bruce Peninsula Signatory Pam Shute Janice Jackson, Mayor Regular Council - 02 Feb 2021 Page 137 of 252 -6- Witness Angela Cathrae, Clerk We have the authority to bind the Corporation Regular Council - 02 Feb 2021 Page 138 of 252 -7- Schedule "A" Location of the Lands Legal Description Part Lot 26 Concession D Roll Number 41-02-540-011-16200 1-.:g I Legal Description • Part Lot 26 Concession D ■s ' I' -6l 104 , Roll Number > • I 41-02-540-011-16300 I _gt .. --' l Fir-st-St· '1' • I ,_ t ~ C "0 - ..u I j t 'Q I I Legal Description I Part Lot 26 Concession D ■s I I l-6 • 104 , > I Roll Number ai I ..41 . (1 41-02-540-011-16301 _g __, 1.."' Firs-t•St·N ..!J I I - -1 Regular Council - 02 Feb 2021 Page 139 of 252 The Corporation of the Town of South Bruce Peninsula P.O. Box 310,315 George Street Wiarton, ON Angie Cathrae NOH 2TO Director of Legislative Telephone: (519) 534-1400 ext 122 Services,Clef1<: Fax: (519) 534-4862 Toll Free 1-877-534-1400 e-mail: [email protected] Report Re: Council, February 2, 2021 Report No: LS22-2021 Subject: Site Plan Control Agreement, Korpikoski Recommendation: That the necessary by-law to permit the Mayor and Clerk to execute a site plan control agreement with Jussi Korpikoski, Ulpu Korpikoski, Lauri Korpikoski and Jaakko Korpikoski for lands legally described as Pt Park Lot 1 Pl Wiarton as in R21143 Except Pt 1 & 2 3R3620; S!T R107367 (535 Isaac Street) is placed on the agenda of an upcoming Council meeting for consideration. Link to Strategic Planning: Goal 2: Sustainable Infrastructure would be the general link to the Strategic Plan. Background: The Korpikoski's are the owner of 535 Isaac Street. On June 16, 2020, Council adopted a Zoning By-Law amendment to permit the property to be converted to a medium density multi family residential zone. The Zoning By-Law amendment designated the property as a site plan control area meaning that a site plan control agreement is required. The site plan control agreement will be registered on the title of the property. Provisions contained in the site plan control agreement include the requirement for a deposit to ensure that landscaping, servicing and external works and drainage and grading are completed, the requirement that parking spaces be preserved and not used for snow storage, the requirement for external lighting to be dark skies compliant, the requirement for for a 1.8m tall visual buffer along the south lot line-erected inside the property boundary and the requirement for the owner to pay all legal costs associated with the agreement (ie. registering document on title). The standard clause that any items which would not constitute a material change to the development would be permitted without the requirement for a by-law amendment or Council approval has been included. A material change is a change which would have noticeable impact on the current situation or in other words, a significant change. Attachments: One Proposed Site Plan Control Agreement and By-Law Two Site Plan Regular Council - 02 Feb 2021 Page 140 of 252 Three Zoning By-Law Amendments Options: a) Move the by-law forward to an upcoming meeting for consideration. b) Make changes and/or proposals to be included in the agreement which would then be communicated to the property owner prior to the by-law being considered for readings. Inter-departmental Impact: The Legislative Services Department processes the site plan control agreements and monitors the conditions and compliance. All departments have had the opportunity to provide comment with regard to the site plan and application. The Building Division awaits the completion of the site plan control agreement prior to the issuance of any building permit. The Public Works Department would be required to monitor and consider the entranceways onto the municipal road and any connections to services and infrastructure and process any permits required in that regard. Financial lm[!lications: ~Approval of Director of Financial Services The processing fee of $1,000 for the site plan control agreement has been received. All legal fees associated with the agreement will be paid directly by the property owner. There will be building permit revenue and Development Charges revenue associated with the issuance of permits for the construction of the development. It is not known what the impact will be on assessment and taxation as a result of the new development. Expected Date of Completion: It is anticipated that readings of the by-law will take place at the February 16, 2021 Council meeting. Respectfully submitted, at rae f Legislative Services Chief Administrative Officer Date: ~a. n. u..c 2 5 ,'202..J d Date: ------ Regular Council - 02 Feb 2021 Page 141 of 252 The Corporation of the Town of South Bruce Peninsula By-Law Number XX-2021 Being a By-Law to Authorize the Mayor and Clerk to Sign a Site Plan Agreement with Jussi Korpikoski, Ulpu Korpikoski, Lauri Korpikoski and Jaakko Korpikoski for Pt Parklot 1 Pl Wiarton as in R21143 Except Pt 1 & 2, 3R3620; SIT R107367; South Bruce Peninsula being PIN 33142-0473(LT) Whereas Section 8 of the Municipal Act, 2001 , Chapter 25, as amended, provides that Section 8 shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; And whereas Section 9 of the Municipal Act, 2001, Chapter 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; And whereas Section 41 of the Planning Act, RSO 1990, Chapter P13 makes provision for site plan control; And whereas By-Law 65-2020 making amendment to the Comprehensive Zoning By law for the Town of South Bruce Peninsula, did provide that the lands known as Pt Parklot 1 Pl Wiarton as in R21143 Except Pt 1 & 2, 3R3620; SIT R107367 are subject to site plan control; And whereas a site plan control agreement has been negotiated with Jussi Korpikoski, Ulpu Korpikoski, Lauri Korpikoski and Jaakko Korpikoski for Pt Parklot 1 Pl Wiarton as in R21143 Except Pt 1 & 2, 3R3620; SIT R107367; South Bruce Peninsula being PIN 33142-0473(LT). Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows: 1) That the Mayor and Clerk are hereby authorized to sign the site plan control agreement with Jussi Korpikoski, Ulpu Korpikoski, Lauri Korpikoski and Jaakko Korpikoski. 2) That such changes as are considered to be minor in nature or which do not materially change the development will be permitted to be made to the site plan control agreement without amendment to this by-law. 3) That the site plan control agreement shall be registered against the title of the Regular Council - 02 Feb 2021 Page 142 of 252 lands as described herein. 4) That the site plan agreement as referred to herein shall be attached hereto and form part of this by-law. Read a first and second time this 16th day of February, 2021. ______Mayor ______Clerk Read a third time and finally passed this 16th day of February, 2021. ______Mayor ______Clerk Regular Council - 02 Feb 2021 Page 143 of 252 Site Plan Agreement Between Jussi Korpikoski, Ulpu Korpikoski, Lauri Korpikoski, Jaakko Korpikoski (the "Owner") And The Corporation of the Town of South Bruce Peninsula (the "Town") Whereas the Owner is the Owner of property described on Schedule "A" attached hereto and shall herein be described as the "Lands"; And whereas the Owner is desirous of developing the Lands; And whereas the development is considered to be a residential apartment building; And whereas the Town, by adopting By-Law 65-2020, an amendment to the Comprehensive Zoning By-Law as it relates specifically to the Lands, has designated the Lands as a site plan control area; And whereas the Owner has applied to the Town for site plan approval in respect of their development of the Lands; And whereas the Town approved the plans, reports and drawings submitted by the Owner for the residential apartment building, subject to certain conditions; And whereas the Town provided approval of the Owner's application subject to the Owner entering into an agreement as permitted by section 41 (7) of the Planning Act, R.S.O. 1990, c. P.13; And whereas section 41(10) of the Planning Act permits the registration of this Agreement against the Lands to which it applies in order to secure the provision of works, facilities or matters referred to in section 41 (7) and (8) of the Planning Act and the construction of the development in accordance with the approved plans and drawings. Now therefore, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency whereof the parties irrevocably acknowledge, the parties agree as follows: 1. Schedules Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 1 of 16 Regular Council - 02 Feb 2021 Page 144 of 252 1.1 The schedules which form part of this Agreement shall be: Schedule A - Legal Description of the Lands Schedule B - Site Plan, Drawings and Studies Schedule C - Fees and Securities Schedule D - Reduction or Release of Security Schedule E - Special Conditions 2. Conformity and Compliance 2.1 The Owner agrees to construct and maintain the development in substantial conformity with the Site Plan and drawings described in Schedule "B" to this Agreement. 2.2 The Owner agrees to comply with any and all provisions of any Building Permit issued by the Town to the Owner with respect to the construction of a residential apartment building in accordance with the Site Plan and drawings described in Schedule "B" to this Agreement. 2.3 The Owner acknowledges that the Town's review and approval of the submitted plans, reports and drawings is on the basis of a proposal for the construction of a residential apartment building. 2.4 The Owner represents and warrants to the Town that no deviations or changes shall be made to the plans, reports or drawings which are the subject of this Agreement and no construction shall take place contrary to such plans, reports and drawings without the prior written approval of the Town. 2.5 It is hereby agreed by the parties hereto that such changes as may be required by the Town in order that said plans, reports and drawings comply with all relevant provisions of the Building Code/Act, Zoning By-Law or other by-law or laws of the Town, and all regulations or laws of any other governmental body shall be permitted as long as such changes are communicated in a written format, one party to the other, with final approval being given by the Town. 2.6 It is agreed by the parties hereto that the staff of the Town may approve such changes to the plans, reports and drawings which are the subject of this Agreement without the need for a by-law amendment provided that such changes are minor in nature and do not materially change the residential apartment building development or are changes which are required at law. 2 .7 Nothing in this Agreement shall relieve the Owner from compliance with all applicable municipal by-laws, laws, regulations, notices or other policies or laws, and regulations established by any other governmental or regulatory body that may have jurisdiction over the Lands. Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 2 of 16 Regular Council - 02 Feb 2021 Page 145 of 252 3. Municipal Water and Sewer Services 3.1 The Owner agrees to comply with any and all provisions including permits, fees and charges as they pertain to the attachment and maintenance of connection to the municipal water and sewer services with respect to the Lands. 4. Development Charges 4.1 The Owner agrees to comply with any and all provisions including the payment of fees under any Development Charges By-Law which is in force throughout the duration of this Agreement and is applicable to the Lands. 5. Special Conditions 5.1 The Owner hereby agrees to the special conditions as set forth in Schedule "E" attached hereto and forming part of this Agreement. 6. Fees and Deposits 6.1 The Owner hereby agrees and will expediently cause to be paid to the Town, any and all fees, deposits or other such consideration as is deemed necessary by the Town for the fulfillment of this Agreement. Said fees, deposits or other considerations are set forth in Schedule "C" attached hereto and forming part of this Agreement. 7. Securities 7.1.1 In order to guarantee compliance with all conditions contained herein, the Owner covenants and agrees to file with the Town upon execution of this Agreement, securities in the amount set out in Schedule "C" hereto. The securities shall be in a form approved by the Town. 7.1.2 Where the securities provided are in the form of a letter of credit, the Owner covenants and agrees that the said letter of credit shall be kept in full force and effect and that they will pay all premiums as the said letter of credit becomes due or until such time as the Town releases the letter of credit in accordance with Schedule "D" hereto. 7.2 The Owner hereby acknowledges and agrees that should there be a deficiency in or failure to carry out any work or matter required by any clause of this Agreement, and the Owner fails to comply with a direction to carry out such work or matter and upon being given thirty (30) days written notice to correct such deficiency or failure, the Town may draw on the securities to the extent necessary and enter onto the Lands and complete outstanding works or matters, Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 3 of 16 Regular Council - 02 Feb 2021 Page 146 of 252 and pay costs and expenses incurred thereby from the proceeds so drawn. 7 .3.1 The Owner hereby acknowledges and agrees that the Town reserves the right to draw on and use the proceeds from the securities to complete any work or matter required to be done by the Owner pursuant to this Agreement. 7.3.2 The Owner further acknowledges and agrees that, notwithstanding Schedules "C" and "D" to this Agreement, in the event that the Town determines that any reduction in the securities will create a shortfall with respect to securing the completion of any work or matter remaining to be carried out by the Owner pursuant to this Agreement, the Town will not be obligated to reduce the securities held until such time as such work is satisfactorily completed or the Town has sufficient security to ensure that such work will be completed. 7.4.1 For greater certainty, the form of security which will be acceptable will include: cash, a certified cheque or a letter of credit. 7.4.2 No interest shall be payable to the Owner on any securities held by the Town. 7.5.1 The Owner acknowledges that should the Owner transfer of ownership of the Lands, the Town will not return any securities required under this Agreement until the new owner files with the Town a substitute letter of credit or such other security as may be permitted in the required amounts. 7.5.2 The new owner will file the substitute letter of credit or other security as permitted within thirty (30) days of taking ownership of the Lands. 7.5.3 Where the new owner does not file the substitute letter of credit or other securities as outlined herein, it shall be hereby understood by the parties hereto that the Town will draw upon the letter of credit or other such security so furnished by the Owner, regardless of the transfer in ownership, for the completion of the works as outlined in this Agreement. 8. Occupation 8.1 Despite any other remedy contained herein, the Owner covenants and agrees that the Town shall be entitled to issue any order at law or to obtain an order from a court of competent jurisdiction prohibiting the occupancy of any building or unit until such time as the terms of this Agreement have been fully complied with, and the Owner shall be estopped from opposing such order or application on the part of the Town. 8.2.1 Notwithstanding anything contained in this Agreement, the parties hereto agree that the development is a residential apartment building containing separate dwelling units and that occupation may be permitted prior to the final completion Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 4 of 16 Regular Council - 02 Feb 2021 Page 147 of 252 of all obligations contained in this Agreement, at the sole discretion of the Town. 8.2.2 The Owner may occupy those dwelling units where it is determined by the Town, in its sole discretion, that such occupation does not interfere with the completion of the obligations under this Agreement, where such occupation would not constitute an impediment to the health and safety of any occupier or where such occupation is considered to be in compliance with applicable law. 9. Professional Engineer 9.1 The Owner covenants and agrees to retain, if required by the Town in its sole discretion, a Professional Engineer (hereinafter referred to as the "Engineer") who holds a Certificate of Authorization for Municipal Engineering Applications from the Association of Professional Engineers of Ontario. 9.2.1 The Engineer will be required to inspect and certify to the Town that all services, grading and storm water management requirements have been constructed in accordance with the approved drawings and reports, prior to the consideration of a reduction of the securities held for related works. 9.2.2 The certification shall be in a format acceptable to the Town. 9.3 The Town may, upon pre-qualification of such, accept the use of other qualified professionals for certain or all components of the certification. 10. Entry to Lands 10.1 The Town may, by its officers, employees or agents, enter on the Lands or any part thereof as well as enter into any buildings erected thereon to ensure that any works, services or facilities required to be provided, constructed or installed by the Owner comply with this Agreement. 11. Substantial Completion and Maintenance Period 11.1 Substantial completion, as it relates to this Agreement, shall be achieved once the requirements under the Building Code/Act have been met with regard to final occupancy of the residential apartment building and all provisions with regard to the Agreement and approved drawings, reports and plans have been completed to the satisfaction of the Town. 11.2 Despite any occupation of any individual dwelling units, substantial completion will not be considered to be achieved except in accordance with subsection 11 .1 above. 11.3 The Owner must make application in writing to the Town to request substantial Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 5 of 16 Regular Council - 02 Feb 2021 Page 148 of 252 completion with the provisions of this Agreement and, must also make application in writing to the Town for the release of the securities. 11.4 A maintenance period shall be that period as established by the Town in accordance with this Agreement wherein the Owner has achieved substantial completion and maintains the development in accordance with the provisions in this Agreement for a period of time, as determined. 11.5 During the maintenance period, it shall be understood that the Owner will maintain securities in such amount as set forth herein. 11 .6 At the completion of the maintenance period, the Owner may apply for a full release of securities held. 12. Registration of Agreement on Title 12.1 The Owner hereby agrees that this Agreement, together with any schedules thereto, will be registered upon title to the Lands. 12.2 The covenants, agreements, conditions and undertakings herein contained shall run with the Lands and shall be binding upon it, its successors and assigns as owners and occupiers from time to time and this covenant shall be to the benefit of the Town and its lands and highways appurtenant and adjacent to the Lands. 12.3 The Owner further covenants and agrees to pay to the Town the cost of registration of this Agreement, as well as any further costs incurred by the Town as a result of the registration of any other documents pertaining to this Agreement. 13. Enforcement 13.1 The Owner acknowledges that the Town, in addition to any other remedy it may have as contained herein or at law, shall also be entitled to enforce this Agreement in accordance with Section 446 of the Municipal Act, 2001 . 13.2 The failure of the Town at any time to require performance by the Owner of any obligation under this Agreement shall in no way affect its right thereafter to enforce such obligation, nor shall the waiver by the Town of the performance of any obligation hereunder be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at any later time. 13.3 The Town shall specifically retain its rights at law to enforce this Agreement. 13.4.1 The parties to this Agreement covenant and agree with each other not to call into question or challenge, directly or indirectly, in any proceeding or action in court, Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 6 of 16 Regular Council - 02 Feb 2021 Page 149 of 252 or before any administrative tribunal, the party's right to enter into and enforce this Agreement. 13.4.2 The law of contract applies to this Agreement and the parties are entitled to all remedies arising from it, notwithstanding any provision in s. 41 of the Planning Act interpreted to the contrary. 13.4.3 The parties agree that adequate consideration has flowed from each party to the other and that they are not severable. 13.4.4 This provision may be pleaded by either party in any action or proceeding as an estoppel of any denial of such right. 14. Expense of the Owner 14.1 Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include the words "at the expense of the Owner" unless the context otherwise requires, including the payment of any and all applicable taxes. 15. References and Inclusions 15.1 References herein to any statute or any provision thereof include such statute or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor statute thereto. 15.2 Any reference herein to studies shall also mean and include any reports as approved. 15.3 Any references herein to the masculine shall also be deemed to include the feminine unless the context otherwise indicates. 15.4 Any reference herein to the singular shall also be deemed to include the plural unless the context otherwise indicates. 15.5 Any reference herein to securities shall mean and include any letter of credit, cash, certified cheque or other security so determined by the Town unless the context otherwise indicates. 15.6 Any reference herein to the Owner shall mean and include references such as they, their, it and it's. 16. Severability 16.1 The Owner and the Town agree that all clauses, covenants and conditions contained in this Agreement shall be severable, and that should any covenant or Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 7 of 16 Regular Council - 02 Feb 2021 Page 150 of 252 condition in this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the Agreement shall remain valid and not terminate thereby. 17. Binding 17.1 This Agreement shall be binding on all successors, assigns or heirs. 17.2 This Agreement shall be considered to be in full force and effect upon the final execution of all parties hereto. 18. Interpretation 18.1 This Agreement shall be interpreted under and be governed by the laws of the Province of Ontario. In witness whereof the Owner and the Town have executed this Agreement; the Town has executed this Agreement by its officers duly authorized in that behalf. The Corporation of the Town of South Bruce Peninsula Per: Janice Jackson, Mayor Date Angela Cathrae, Clerk Date We have the authority to bind the Corporation. Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 8 of 16 Regular Council - 02 Feb 2021 Page 151 of 252 The Owner Per: Witness Jussi Korkpikoski Date Witness Ulpu Korkpikoski Date Witness Lauri Korkpikoski Date Witness Jaakko Korkpikoski Date Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 9 of 16 Regular Council - 02 Feb 2021 Page 152 of 252 Schedule "A" to the Site Plan Agreement between Jussi Korpikoski, Ulpu Korpikoski, Lauri Korpikoski, Jaakko Korpikosk and The Corporation of the Town of South Bruce Peninsula Legal Description of the Lands PT PARKLT 1 PL WIARTON AS IN R211430 EXCEPT PT 1 & 2, 3r3620; SIT r107367; SOUTH BRUCE PENINSULA PIN 33142-0473 (LT) Property Role Number 41-02-580-003-20400 Civic Address 535 Isaac Street, Wiarton Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 10 of 16 Regular Council - 02 Feb 2021 Page 153 of 252 Schedule "B" to the Site Plan Agreement between Jussi Korpikoski, Ulpu Korpikoski, Lauri Korpikoski, Jaakko Korpikosk and The Corporation of the Town of South Bruce Peninsula Site Plan, Drawings and Studies Documents are available for viewing in paper format at the Town of South Bruce Peninsula office during regular business hours. Documents are listed by item numbers, below. Reference to item numbers is purely for administrative purposes and does not indicate importance or any other value. 1. Name: Proposed Site Plan Dated: 2020.10.22 Drawing Number: A.1 Prepared By: David James Diebel Architect 2. Name: Grading Plan Dated: May 1, 2019 Drawing Number: M17081-GP File: 17081 Prepared By: Darryl M Robins 3. Name: Servicing Plan Dated: May 1, 2019 Drawing Number: M17081-SS File: 17081 Prepared By: Darryl M Robins 4. Name: Elevation/Render Drawings Dated: Not Dated Drawing Number: Not Numbered Prepared By: Not Indicated Labelled: Labelled "Page 1 and Page 2" by the Town Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 11 of 16 Regular Council - 02 Feb 2021 Page 154 of 252 Schedule "C" to the Site Plan Agreement between Jussi Korpikoski, Ulpu Korpikoski, Lauri Korpikoski, Jaakko Korpikosk and The Corporation of the Town of South Bruce Peninsula Fees and Securities Fees 1. Site Plan Control Application Fee $1 ,000.00 This fee is non-refundable. 2. Legal Fees (Including Applicable Taxes) Actual Costs This fee shall include but not be limited to the registration of the Site Plan Control Agreement on title. Securities 1. Landscaping (Value $12,775) $3,832 Portion of securities to be provided by the Owner to ensure completion of landscaping and planting in accordance with the Plans and Drawings To be held by the Town for a maintenance period of one (1) year after substantial completion of the project. 2. Servicing and External Works (Value $31,475) $9,442 Portion of securities to be provided by the Owner to ensure completion of servicing and any connections and restoration of any disturbance of Town property in accordance with the Plans and Drawings To be held by the Town for a maintenance period of one (1) year after substantial completion of the project. 3. Drainage and Grading (Value $7,475) $2,242 Portion of securities to be provided by the Owner to ensure completion of drainage and grading of the Lands in accordance with the Plans and Drawings To be held by the Town for a maintenance period of one (1) year after substantial completion of the project. Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 12 of 16 Regular Council - 02 Feb 2021 Page 155 of 252 Schedule "D" to the Site Plan Agreement between Jussi Korpikoski, Ulpu Korpikoski, Lauri Korpikoski, Jaakko Korpikosk and The Corporation of the Town of South Bruce Peninsula Reduction or Release of Security Application for Reduction of Securities Prior to the reduction or release of any security held by the Town for the works, facilities and matters set out in this Agreement, the Owner must supply the Town with the following documentation, when required by the Town, and at the sole expense of the Owner: 1. letter of application for reduction/release; ii. letter from an appropriate professional confirming that development is completed; iii. as-constructed drawings (if changes were made to the originally submitted drawings); and Iv. satisfactory evidence of no construction liens filed. Reduction of Securities (a) Reduction for Landscaping Upon substantial completion, as determined by the Town, and the receipt by the Town of all documents identified above, when required, the Town shall reduce the security required under Securities, clause 1 of Schedule "C" to Twenty Percent (20%). (b) Reduction for Drainage and Grading Upon substantial completion, as determined by the Town, and the receipt by the Town of all documents identified above, when required, the Town shall reduce the security required under Securities, clause 3 of Schedule "C" to Twenty Percent (20%). (c) Reduction for Servicing and External Works Upon substantial completion, as determined by the Town, and the receipt by the Town of all documents identified above, when required, the Town shall reduce the security required under Securities, clause 2 of Schedule "C" to Twenty Percent (20%). Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 13 of 16 Regular Council - 02 Feb 2021 Page 156 of 252 Release of Securities (a) Release Following Expiry of Maintenance Period Upon the satisfactory completion of the maintenance period as noted in Schedule "C" of the Agreement, the receipt by the Town of all the documents identified above, when required and satisfactory certification that the maintenance period has expired with all components of the development remaining in conformity with the provisions of the Agreement, the Town shall reduce the security required under all clauses of Schedule "C" to Zero (0%) and therewith release or return the security to the Owner or to the issuing financial institution, as the case may be. (b) Non- Release Following Expiry of Maintenance Period If upon completion of the maintenance period there remains any part of the works which do not meet the requirements which would satisfy this Agreement, in the sole discretion of the Town, the securities being held for that portion will not be released until the Owner is able to remedy the deficiency. The Town reserves the right to draw upon the securities held to complete the works. Non-release of securities in any particular clause as noted in Schedule "C" does not interfere with the release of securities in other clauses. Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 14 of 16 Regular Council - 02 Feb 2021 Page 157 of 252 Schedule "E" to the Site Plan Agreement between Jussi Korpikoski, Ulpu Korpikoski, Lauri Korpikoski, Jaakko Korpikosk and The Corporation of the Town of South Bruce Peninsula Special Conditions All conditions and special conditions shall be at the sole expense of the Owner. 1. The Lands will be serviced by one ( 1) water meter of such size as is deemed by the Town to be appropriate for the development. 2. When completing any external (road/servicing) works, the Owner will at his sole expense return any disturbed areas to a condition equal to or better than prior to disturbance. 3.1 No easement will be required to address stormwater management, drainage, etc. on the Lands. 3.2 The Owner shall maintain sole ownership of any stormwater management/drainage/etc. works on the Lands. 4.1 The Owner will not permit an excessive amount of snow storage on the Lands and will ensure the expeditious removal of snow accumulating in piles which impedes access and egress. 4.2 The Owner will not use lawfully required parking spaces for the storage of accumulated snow. Parking spaces in excess of those required for parking purposes may be used for snow storage. 5. Any lighting internal to the Lands will, in all cases which are practical, be dark sky compliant. 6.1 Vegetation and plantings on the Lands will at minimum include those as shown on the Site Plan. Wherever possible, it is recommended that the Owner use native plants and trees or maintain plants, trees or vegetation which existed on the property prior to the development of said Lands. 6.2 All planting areas must be located directly on the property and shall not span any lot line or be placed outside of the property boundaries. Consideration should be given to tree canopies and foliage growth and expansion. 7.1 A 1.8m (one point eight metre) tall visual buffer is required along the south lot line and may be in the form of a continual fence or hedge. Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 15 of 16 Regular Council - 02 Feb 2021 Page 158 of 252 7.2 Any fencing or hedge to be erected on the Lands will be constructed inside the property line. Wherever possible they are to be erected at least one foot from the property line. 8. The Owner shall save harmless the Town from any damage which may occur as a result of blasting, digging or in any way disturbing the soil, bedrock, surface or subsurface of the Lands as described in Schedule A attached hereto. The Owner shall assume sole responsibility and cost for any infrastructure or any other thing which is disturbed or in any way damaged or altered as a result of site preparation or construction on the Lands. Site Plan Control Agreement 6-2020 Korpikoski February 16, 2021 Page 16 of 16 Regular Council - 02 Feb 2021 Page 159 of 252 COVOl'J UI' /l'AIH o, n oac,u un , I ....r.or::,111 .:w, , • .IN1->111,1# .. tl'N. -•11'.DI 1X.£1Gf'O,M !PS.nt,1liSI f fN.-• •11U •ISC.11£11/m,oa,r,n:wa ,i.,a,,1 -l4•11"10 '"f. lN .-•mm a, Lfl'l. -•"1.tll ·IN-•ITT.IJt "'L IND-•11"111-< " ""•-•IIIIOII -WM'-• 111/ll f'OKIDCM'.al...... I~,...._fl«-~IN SIC~l'CSONWUICHQ,JC1l \ tM'EU.N.FOOTil'RN'f 4'(JIIADfG0fU.U~Allll.t.$Ul°""""•..;;lft OO"/'tlJ ~~ uara1 11~0l"All'I.U~C,,,fCSl(n 11.n."t. IVI.CNGlOCIIT"CIN~l'M)Yttl)T00'-"CIYM -- D.."'°'°h~ ,....,...... U.IRUIM AIICMllCT1ca"' -- l'IO'OSlDIIA.C¥-iGcunH fJf nu!A.~llf'iAl"OI 1 :''AYCl.W'lr'olMQ.frut,c;c::~'1S',T~..:.,.SNQtl'GJ.Q()MICO'IOIMPrllllll:l"10! ---· - P.JICADCOO!lf.lN. ~► ~ OI~ J l'll~CfM1U('l'Olt$~IONSIM.1M.trna:Mt1ml'QIWIYDIOS(JoC:C,,.-:,i()l"'-"Sl.ltl.! -- ?-~W.>U.IIC,l,D * ~~r:lllV- A5 Jlf0Ul'li0 A14'(Jl!t0SICJICOlffll0._~$1W.1.-r-...,.~,va~llil-~lll/l COW\.fT81A'Cll)ST'I.QUl.r,¢>$,lJ!l$TAAm:0 - - l'llll'05lDS"""-I t.. MIUU:ull!llSl"O'$UlOA:UJSTM~Ol"IOOT"M;fll\'An>,llO~'M!MMIIOS1' - - UCT'MDl'IOI rRO'l'l:CTIO I ll1$M~1ct>aOl'Vl"1~MJT'tT0\1Jtf'l'MSU"lll>.!Tt"Ol"Ml'QVCIN0-.S MIU.Dl!llll~TO'o'PnMV.l'Mt,.'(JfLl'; 1,1'1CfoS,,C,,.' I =ll)~f~IIV.liUA.f.~lO'o'Pn~Sl!lS»cll°'-'t'O Regular Council - 02 Feb 2021 Page 160 of 252 \ '""" "'""' "'' (i r~ ! • I jl) I ~;'.;,'a""''""""""'""~a,,,.._,.,.. I i• ~UDltPt.o., ~flll)l'TIO-,~au (I01Ml:TClf'OIMWilCI I L.- i ! ·-\ \-- ~~~1,_'0...... ,0fT"-U~W~CIIWl'N."O,l,\"lDUll.-'l'D4'TK1' ~~s::,;11'1.1X~IIA1'U)SUY.D.P::-I. -...a,Gt,DC,,T" IU~!i>.1'1JIWll,,.&-'NAAU,toJllet.'\,-1'-0I-OlfQrSOllW'Jl,CIO - - tttoufJ/-Cll'.A'"1l!ICOll l~Y I ITISTHl~/0l'l'll.Ol'Ot'1~TO.,___.Jl4SUJ.uun'OIM"°""°''-CSCU O.nO!\ll~IIVI - - ~~ ~~IOVUlhMV.1'01/Tl'-'Oflfll• TI0'4~M~l'IA'4"'-QII. --.....,,.., Q.1,.t,'(l4'('1S£NfJI __..,...,"' \,l(O\,l,-«:Al.11:x:,t,11\00'llllV•T1001 --....__ D.«N'!OIJlt.N "'""( DARRYL M. ROBINS GRADING PLAN i§U¢iiHl ■l~lt§l§ldl 535 IS.UC STREET ~~No.,.c..wnfo.,,,.,y, co~T!:\!:C. Mi-~-~ - ~ Q """"-' 'ac5117H-l'OM Etl'lal"lffi'C~Y Regular Council - 02 Feb 2021 Page 161 of 252 Regular Council - 02 Feb 2021 ZONING - R4 (BY-LAW 65-2020) REQUIRED PROPOSED I I MINIMUM FRONT YARD 5.0m (16.4ft) 5.Dm (16.4ft) HALF OF BUILDING MINIMUM INTERIOR HEIGHT, BUT NO LESS 8.76m (28.74ft) I SIDE YARD THAN 3m (5.25ft) I 4.25m MINIMUM EXTERIOR 2.0m (6.56ft) J.4m (11.15ft) SIDE YARD I MINIMUM REAR YARD 5.0m (16.4ft) 5.Dm (16.4ft) I *~C,~ MAXIMUM BUILDING 1D.Om (32.8ft) 8.5m (27.89ft) ,,"o~ HEIGHT ~I 'l-o· ,;,>' MAXIMUM LOT 407. 35.77. ~I COVERAGE G-~~o~ ~ ~ f::; ~ ~ 0 ~'¢MN 0~ ~ ~ 0 0 0 0 LANDSCAPE LEGEND 4-o Page 162 of252 "'-o. ~ PARKING ~ !6 w ~ I~ ...:i - w ai f-< ~ /l., 0 .Q" I g a, -- N~ Ill~,_ (fJ 1- ~ ~ ~ ~0~ w U) ~ f-< ~~ ::E Cl <( :,: ..," C/l O llJ Ill u u a: C/l 'O i -C,::v:;; 0 <..> ~ 0 . . - --,· .•·. ·1 ------C/l ...... () /l., ..;. $l~--:.:ll~ C/l Ill < "' -N -- - -- ei20'io-c- > c:: 1--1 .....l~ bl I -- - -- 3-S."56m- -- - ~ <( a, /l., ,OVERALL BUILDING, ":, _ ~ ~~ 0 <;;; V) 45.72m N '° "' I Proj. #: Dwg.#: ,~,~~ 529 ISSAC STREET 2017-36 R18 - SERVICED ' DETACHED RESIDENTIAL PROPOSED SITE PLAN 1/3 j• - 1t)O" Date: A.1 I 2019.21.22 Regular Council - 02 Feb 2021 Page 163 of 252 Regular Council- 02Feb2021 ?°5c:2 . ~.~ I!; ! ~ . . ' 'ff ' 1-,, ' ~ ]. . tFi ti t ?s. · !!;I;§ ~1 I· ,:· L Ji:~ -- :~1 tL ~~ t -:~ 1 I' ,. ~~ 's1~~ ~--::¥~~~~~"'c~,,~3 -North Render Northeast Render Northwest R!!r:der Page 164 of252 South Render Southwest Render ~ \-\-a cJ'ffY\e»Y1- Thve-e__ The Corporation of the Town of South Bruce Peninsula By-law Number 65-2020 Being a By-Law to Amend By-Law Number 122- 2009, as Amended, Being the Comprehensive Zoning By-Law for the Town of South Bruce Peninsula for Park Part Lot I DIVS Isaac E/S Water Lot 11 DIV S Wiarton (535 Isaac Street) Whereas the Planning Act, RSO 1990 Section 34 provides for the passing of Zoning By-Laws; And wtlereas in accordance with the Planning Act, application has been received to change the zoning provisions for the subject lands. Now therefore the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. That Schedule 'A' to the Town of South Bru_ce Peninsula Comprehensive Zoning By law Number 122-2009 as amended, is hereby further amended by changing the zoning of the subject lands from "R 1 B Serviced Detached Residential" to "R4-65- 2020 - Medium Density Multi Family Residential Special" and "EH Environmental Hazard" as shown on the Schedule 'A' attached hereto and forming a part of this by law. 2. That By-Law 122-2009, as amended, being the Zoning By-Law for the Town of South Bruce Peninsula, is further amended by adding the following to Section 14.5 Special Provisions - Medium Density Multi Family· Residential Zone: R4-65-2020 - Low Density Multi Family Residential Special • Despite Section 14.3.4 minimum Front and Rear Yard setbacks is 5 metres and minimum Exterior Side Yard setback (north lot line) is 2.0 metres • Despite Sections 6.24 and 6.27.2 the minimum setback to the 100-year flood elevation is 1.8 metres along north side of building and O metres along the east side of the building · • A 1.8 metre tall visual buffer (fence or hedge) must be provided along the south lot line and is not required to be provided along any other lot line • The building shall have a maximum of 2 storeys • The entire property is designated as a site plan control area under Section 41 of the Planning Act. 3. That this by-law shall come into force and effect on the final passing thereof by the Council of the Town of South Bruce Peninsula, subject to compliance with the provisions of the Planning Act, R.S.O, 1990, as amended. Regular Council - 02 Feb 2021 Page 165 of 252 Read a first and second time this 16th·day of June, 2020. Read a third time and finally passed this this 16th da Regular Council - 02 Feb 2021 Page 166 of 252 Schedule 'A' Park Part Lot I DIV S Isaac E/S Water Lot 11 DIV S (535 Isaac St) Roll 410258000320400 Town of South Bruce Peninsula (geographic Town of Wiarton) I••••• I 1 ••••• 1 Subject Property ™J Lands to be zoned R4,\:S.2020- Medium Density Multi Family Residential ~ Lands zoned EH - Environmental Hazard This is Schedule 'A' to the zoning by-law amendment number 10 5 - 2020 · passed this 1 +h day of ne ·2.0:20 b s: \ u 1 File: Z-2020-01 6 Applicant: Jussi Korpikoski c/o Cuesta Land Use Planning Date: May, 2020 Regular Council - 02 Feb 2021 Page 167 of 252 Tuwnof The Corporation of the Town of South Bruce Peninsula SOUTH BRUCE P .0. Box 310, 315 George Street Wiarton, ON Angie Cathrae NOH 2TO Director of Legislative Telephone: (519) 534-1400 ext 122 Selvices,Clerk Fax: (519) 534-4862 ~l'ENINSUlA Toi I Free 1-877-534-1400 e-mail: [email protected] Report Re: Council, February 2, 2021 Report No: LS23-2021 Subject: Sauble Speedway By-Law Recommendation: That the necessary by-law to regulate motor vehicle racing and motor vehicle racing facilities is placed on the agenda of an upcoming Council meeting for consideration. Link to Strategic Planning: Goal 5: Stable Economy would be the general link to the Strategic Plan. A specific objective would be: 5.1 Attract and retain business investment Background: Early in 2019, the Sauble Speedway By-Law was amended and the specific annual schedule was attached to the by-law as Schedule A. At the end of 2019, the by-law was again presented to Council and included the 2020 race schedule as Schedule A. At the time, the by-law (By-Law 100-2019) was specific to the 2020 schedule but did include a provision to permit staff to approve the next annual schedule which would be attached to the by-law as the "new" Schedule A. In accordance with the provisions of By-Law 100-2019, staff issued an operating license to the owners of the Sauble Speedway for the 2020 season. The COVID19 pandemic effectively disallowed all spectator sports during 2020 which meant that Sauble Speedway was not able host races as in other years. The operators sought and received special permission to run one race in 2020 with one scheduled rain date when the pandemic restrictions were partially lifted and modified racing could take place. Staff have been approached by the Sauble Speedway owner and track promoter seeking approval of the 2021 race and rain date schedule. In this regard, staff have decided to present Council with a newly prepared by-law. The provisions in the by-law do not specifically refer to any specific year and do not include any schedules. Staff feels that this will be in keeping with Council's desire for Sauble Speedway to obtain a license each year, as long as the races, rain dates and practices are in keeping with the by-law provisions. Regular Council - 02 Feb 2021 Page 168 of 252 This will ensure that the by-law in maintained in a "clean" state and as adopted by Council without the confusion of schedules to the by-law being changed without Council approval. Changes to the by-law include: • 4.1 - removal of the reference to races approved as per the attached schedule. The provision of one Wednesday, Saturdays, Sundays and holiday Mondays from June 1 to June 15 in any given year has been added which is in keeping with the approved schedule from 2020 • 4.2 - this provision was clarified as it implied that noise was only permitted in the motor vehicle racing staging area. The provision now explains that the noise is permitted in the motor vehicle staging area on race dates - this clause is tied to the clause before it • 4.4 - removed the reference to the extension of hours on Friday of a long weekend as there have been consistently no races scheduled on Friday of a long weekend • 4.5 - removed the rain date reference for Wednesday races being scheduled on the next Friday and made the provision generic as rain dates would follow the cancelled race day. This is because many times the race teams have travelled and are still on site; a rain date the next day would mean less travel and races would be completed in sequence instead of held to another weekend. This effectively could permit additional rain dates outside of those approved in 2020 (4 rain dates were permitted in 2020) • 4.6 - removed the provision about rain dates on long weekends as this is now covered in 4.5 • 4.6 (new) - made a provision that a rain date is not able to be rescheduled • 4.7 - removed the reference to 2019 for the May 1-September 30 vehicle testing • 4.8- removed the reference to Friday regarding a prohibition of lapping and practice as no races are scheduled on Friday • 4.9- removed the reference to practice dates being included on Schedule A • 12.3.1 and 12.3.2 - removed the references to staff being able to change the Schedule A annually as Schedule A will no longer form part of the by-law • 12.4 - removed the reference to an appeal to the adopted schedule as the schedule will no longer form part of the by-law. Any appeal to any by-law provisions can be heard through Council delegation or facilitated through a staff report or correspondence to Council • Schedule A - removed Items of note for Council to consider include: • The track promoter indicated that their intention is to have only four rain dates as in the 2020 schedule however they have requested additional dates in the 2021 schedule to ensure continuity of operations - they do not anticipate that they would need to use the rain dates requested • In August of 2020, a complaint was received about the Sauble Speedway operations in 2020. The complainant said: Regular Council - 02 Feb 2021 Page 169 of 252 "To be perfectly clear I would ask that you please treat the following email as a formal complaint. "Test & Tune practices" at the speedway continue to pretty much be solid noise from 1pm to 8pm daily. This was most definitely not the intention in allowing ''practice" over the course of 5 weekdays. As you will recall ... the intent was to "spread" the times out to prevent the above complaint from happening!" This complaint was referring to the permitted practices which were to be allowed from May 1 to September 30, Monday to Friday between 1pm and 8pm and limited to 1 vehicle on the track at any given time. This provision remains in the proposed by-law as it was previously approved by Council. Attachments: One By-Law 100-2019 (with 2020 race schedule) Two 2020 License and Council Resolution (R-403-2020) to Permit One Race/Rain Date in 2020 Three 2021 Sauble Speedway Race Schedule Four Proposed By-Law Five Proposed By-Law with Changes in Colour Options: a) Move the by-law forward to an upcoming meeting for consideration. b) Make changes which will be communicated to the owners prior to the by-law being considered for readings. Inter-departmental Impact: The Legislative Services Department processes the annual licence for the Speedway and investigates complaints regarding violations of the by-law provisions. Financial Implications: ~ Approval of Director of Financial Services There are no financial implications associated with this report. The annual license fee is $300.00 and has been included in the 2021 budget as a revenue item. Expected Date of Completion: It is anticipated that readings of the by-law will take place at the February 16, 2021 Council meeting, after which, staff will work with the owners regarding the issuance of a license. Prepared by, Respectfully submitted, AnQkce~~ Regular Council - 02 Feb 2021 Page 170 of 252 Director of Legislative Services Chief Administrative Officer Date: 2b1'2o'2-l ~f\U.O::j Date: ------ Regular Council - 02 Feb 2021 Page 171 of 252 . ,·, •. The Corporation of the Town of South Bruce Peninsula By-Law Number 100-2019 Being a By-Law to Regulate Motor Vehicle Racing and Motor Vehicle Racing Facilities in the Town of South Bruce Peninsula Whereas the Municipal Act, 2001, c.25, Section 151 provides for a system of licences with respect to a business; · And whereas the Municipal Act, 2001, c.25, Section 165 provides that a municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races; And whereas the Municipal Act, 2001, c.25, Section 429 provides the authority to establish a system of fines for offences under a by-law of the municipality passed under the Municipal Act; And whereas the Municipal Act, 2001, c.25, Section _436 provides for the power of entry for the purpose oJ inspection by an employee, officer or agent of the municipality to determine compliance; . And whereas the Town deems it expedient to make provision for the licensing of motor vehicle racing and motor vehicle racing facilities within the Town of South Bruce Peninsula. Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. Definitions 1.1 Clerk means the person, or h,is or her designate, appointed by the Town in accordance with the provisions of the Municipal Act, 2001, as amended. 1 .2 Council means the elected council of the Corporation of the Town of South Bruce Peninsula. 1.3 Crew means any person(s) assisting in the racing of motor vehicles, including the sponsor of any team or vehicle and may serve the function of mechanic, driver and assistants. Regular Council - 02 Feb 2021 Page 172 of 252 1.4 Fire Chief means the person, or his or her designate, appointed by the Town in accordance with the fire Protection and Prevention Act, 1997 as amended. 1.5 Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof as defined by the Highway Traffic Act R.S.O. 1990, c. H.8 as amended. 1.6 Licence in relation to a licence issued under this by-law, includes a permit, an approval, a registration and any other type of permission, and "licensing" has a corresponding meaning. 1.7 Major Emergency Response Incident means the requirement of additional ambulance assistance or police or .fire personnel response or an accident which delays racing for a period of longer than one hour. 1.8 _Motor Vehicle shall mean a motorcy~le, motorized snow vehicle, all-terrain vehicle, go-cart, truck, automobile and any other vehicle propelled or driven other than by muscular power. 1.9 Motor Vehicle Race means any practice, time trial, race, lapping, driver training, race school or demonstration at the motor vehicle racing facility whether in competition with other motor vehicles for recreational or any other purposes and in preparation for such operations of motor vehicles. 1.10 Motor Vehicle Racing Facility means any lands, buildings or structures designed, intended for use or used for the racing of motor vehicles on a temporary or permanent basis. 1.11 Motor Vehicl~ Racing Staging Area means that area where individuals operating and maintaining motor vehicles for racing park their motor vehicles for hauling, motor vehicles for racing and trailers in preparation for motor vehicle racing. 1.12 Officer means that person as appointed by the Town to enforce the provisions of this by-law and includes the By-Law Enforcement Officer, a Provincial Offences Officer or a Police Officer as the case may be. Regular Council - 02 Feb 2021 Page 173 of 252 1.13 Owner means the person, individual, business, etc. with legal title to a motor vehicle racing facility. 1.14 Promoter means the person; individual, business, etc. with care and control of a motor vehicle racing facility at any given point in time, and with the authorization of the owner of the facility. 1.15 Sanitary facilities means at minimum facilities containing at least toilets and washbasins. 1.16 Trailer means any unit whether self-propelled or designed to be towed by another vehicle which is used for human habitation and will include a tent which may be erected for human habitation. 2. General Provisions 2.1 No person shall operate a motor vehicle racing facility or permit motor vehicle · racing on any lands within the Town of South Bruce Peninsula without first obtaining a licence from the Town of South Bruce Peninsula. 2.2 No person shall operate a motor vehicle racing facility or permit motor vehicle racing unless all facilities and seNices are provided for as set out in this by-law. 2.3 No person shall operate a motor vehicle racing facility or permit motor vehicle racing upon lands in the Town of South Bruce Peninsula unless said lands are zoned for such intended use. 3. Motor Vehicle Racing Facility Requirements 3.1 The motor vehicle racing is to be held on a motor vehicle racing facility, which has been constructed with adequate provisions for the elimination of dust. 3.2 The motor vehicle racing facility must have such barricades/fencing and space betwe~n barricades/fencing to protect spectators from the motor vehicle racing in accordance with provisions as established by the insurer for the owner or promoter of the motor vehicle racing facility. 3.3 The motor vehicle racing facility must have adequate fire extinguishers in case of . any accident or fire. Regular Council - 02 Feb 2021 Page 174 of 252 3.4 The number and type of extinguishers shall be subject to the approval of the Fire Chief having jurisdiction over the racetrack location. 3.5 The owner or promoter must carry an insurance policy to insure against injury to spectators and property damage at the motor vehicle racing facility and any motor vehicle race. All minimum coverage is detailed below: Commercial General Liability insurance policy not less than $5,000,000 per occurrence/ $10,000,000 aggregate, which insures against third party claims for bodily injury (including death), personal injury and/or property damage as a result of actual or alleged negligence of the Contractor. This policy shall include: a. The Town of South Bruce Peninsula as Additional Insured b. Cross Liability/ Severability of Interests clause c. Contractual Liability d. Minimum thirty (30) day's written notice of cancellation or non-renewal to the Municipality The Liability Insurance Policy and/or endorsements shall be satisfactory to the Corporation. The insurance coverage noted above shall be maintained in force throughout the term of the licence. 3.6 The motor vehicle racing facility must have sanitary facilities, which comply with health regulations as set down by Federal or Provincial health regulations, as the case may be. · 3.7 Where required, the owner or promoter must make arrangements for the control of traffic before and after motor vehicle races. 3.8 Traffic control shall be to the satisfaction of the Ontario Provincial Police and the municipal authority having jurisdiction over the highway by which the motor vehicle facility gains access and egress. 3.9 There shall be provided at the motor vehicle racing facility, adequate parking spaces for patron vehicles and for vehicles and trailers of those racing motor vehicles and their crew members. 3.10 All driveways, corridors and aisles, both in patron parking areas and in motor vehicle racing staging area shall be clearly identified and kept clear of parked vehicles, trailers or other impedances. 3.11 The owner or promoter shall provide adequate supervision of the motor vehicle race to prevent danger to the public and shall not permit any spectators in the Regular Council - 02 Feb 2021 Page 175 of 252 infield, upon the area used to race motor vehicles, except when motor vehicles are not racing. 4. Days and Times for Motor Vehicle Racing 4.1 Motor vehicle races will be permitted as submitted per Schedule "A". Practices on race dates will commence at 4:00 pm and official racing commencing at 7:00_ pm and racing to end by 11 :00 pm. 4.2 Noise from motor vehicles will be permitted between the hours of 3:00 pm and 12:00 am and will be limited to motor vehicle racing staging area operations. No motor vehicle racing is permitted on the racetrack until 4:00 pm. 4.3 Notwithstanding any provision contained herein, no motor vehicle races will begin after 10:30 pm. 4.4 If a rain delay continuing for more than one hour or major emergency response incident occurs, motor vehicle racing time may be extended to 12:00 midnight only. This provision relates to motor vehicle races held on Saturday and Sunday and Friday of a long weekend. 4.5 If a rain event occurs or a rain delay continuing for more than one hour or major emergency response incident occurs and a motor vehicle rac~ is cancelled, motor vehicle racing may be held on the next Friday, subject to all of the provisions contained in this by-law. This provision relates to motor vehicle races held on Wednesday. 4.6 If a rain event occurs or a rain delay continuing for more than one hour or major emergency response incident occurs and a motor vehicle race is cancelled, motor vehicle racing may be held Monday, subject to all of the provisions contained in this by-law. This provision relates to motor vehicle races held on long weekends. On a rain date Pit gate opens 12:00 noon practice starts1 :00 pm racing at 2:00 pm 4.7 From May 1st - September 30, 2019 motor vehicle testing, restricted to lapping, practices, driver training and school will be permitted on Monday through Friday between the hours of 1:00 pm and 8:00 pm and will be limited to one ( 1) motor vehicle on the track at any given time. Regular Council - 02 Feb 2021 Page 176 of 252 4.8 When motor vehicle racing is scheduled for Friday or Sunday, no lapping, practice, driver training and school will be permitted. · 4.9 Practice dates and rain dates will be in accordance with Schedule "A". 4.10 Except as provided in this by-law, other days and times may be approved only if approved by Council, by resolution upon hearing a delegation from the owner/promoter. 4.11 Where Council is requested to approve a racing schedule which is not as permitted herein, it shall be understood that such changes will. be considered on an individual basis, with each being reviewed on its own merit and approved or refused at the sole discretion of Council, by resolution. 4.12 When considering a racing schedule which is not as permitted herein, consideration will be given to previous compliance with all provisions of established by-laws and regulation, the frequency of the requested change, complaints received by the Town with regard to the motor vehicle racing facility, the economic impact of the change to the owner/promoter, any conflict with other events, the impact on the surrounding land uses, mitigation strategies and plans to be implemented and whether adequate time is given for Council to consider the request. It is nereby understood that this is not an all-exhaustive list of items which will be considered when Council renders a decision in this regard. 5. Issue and Revocation of Licence 5.1 The owner or promoter will make application to the Town, on the prescribed form to obtain a licence each year. 5.2 As part of the licence application each year, the owner or promoter shall supply the Town with a listing of all dates and times for motor vehicle races proposed to · be held in the calendar year. 5.3 The owner or promoter will pay a non-refundable licence fee; said fee shall be as established in the Town Fee By-Law and amended from time to time. 5.4 Proof of insurance must be produced before a licence will be issued. 5.5 The owner or promoter will provide such documentation to the Town as is required by the Town to assist in the consideration of issuing a licence and to Regular Council - 02 Feb 2021 Page 177 of 252 ensure compliance with the provisions contained in this by-law before a licence will be issued. 5.6 Notwithstanding section 5.5.1 above, the owner/promoter will make available upon request to the Town: • A site plan which includes the location of all buildings, structures, parking areas, racing areas, camping areas, pit/motor vehicle staging areas, spectator areas, garbage storage areas, food service areas, emergency facilities, fuel storage/fuel handling areas, permanent/temporary fencing/barricades; • An emergency management I safety plan identifying steps to be taken in the event of an emergency, where fire fighting equipment including but not limited to fire extinguishers, first aid treatment stations, emergency exits, fire routes are located; and • Clearance letters from the police, fire services, AGCO, Grey Bruce Health Unit and TSSA, as applicable. 5.7 Subject to compliance with the provisions of this by-law, the Clerk of the Town shall issue a licence to the applicant. 5.8 The licence issued by the Clerk shall be valid from the date of issue to December 31 in the year in which it was issued unless it has been revoked by the Town. 5.9 The licence issued for motor vehicle racing will be only for such dates as specified in the licence. 5.10 Permission for the addition of any motor vehicle racing dates which would be held on days permitted in this by-law, would only be granted by making application as described herein, with a licence amendment being issued, subject to the provisions of this by-law. 5.11 Practice, lapping, driver training and school will be understood to be permitted on such days and times as are in accordance with this by-law and do not specifically need to be included on the licence. 5.12 The licence will be displayed in such location as would be visible when any Officer attends at the motor vehicle racing facility. 5.13 If the owner or promoter of a motor vehicle racing facility fails to comply with any requirements of this by-law, the Clerk may revoke the license. Regular Council - 02 Feb 2021 Page 178 of 252 5.14 Notice of revocation will be effectively given by registered mail or courier to the last known address of the owner or promoter and by posting the notice of revocation on the lands used as a motor vehicle racing facility. 5.15 Notice of revocation will be deemed to have been received three (3) days after the registered mail or courier is sent and will be deemed to have been received immediately after the posting on the facility. 5.16 No motor vehicle racing shall take place after the notice of revocation is deemed to have been received. 6. Appeals 6.1 In the event that the Clerk refuses to issue a license for any reason or a licence is revoked·, the owner or promoter may appeal the decision to Council by attending Council as a delegation and presenting the request. 6.2 Council may, in its sole discretion, direct that the licence be issued or re-issued as requested, be issued or re-issued with conditions or may uphold the decision of staff in not issuing or revoking the licence. 6.3 In considering the request, Council shall consider whether the owner or promoter has failed to comply or will fail to comply with any provision of this by-law or any other legislation. 6.4 Where any charge, ticket or notice of offence has been laid by an Officer because of a violation of the provisions contained in this by-law, there will be no appeal to Council permitted with respect to the charge, ticket or notice of offence issued. 7. Overnight Camping 7.1 The crew and any spouse or child of the crew, will be permitted to park and occupy no more than four (4) trailers per motor vehicle racing team overnight only on the nights of motor vehicle racing events. 7.2. Overnight camping will take place _on the property of the motor vehicle racing facility in an area which is specifically segregated from parking areas. Regular Council - 02 Feb 2021 Page 179 of 252 7.3. Areas designated for overnight camping will not be permitted to encroach into areas designated for patron parking. 7.4 Areas designated for overnight camping will be only as permitted in the approved site plan, submitted by the owner/promoter in association of the annual request for a license. 7.5 Overnight camping will not exceed three (3) nights in any 7 consecutive days. 7.6 No person shall make any noise likely to disturb the inhabitants of the Town or allow or permit such noises to be made in accordance with the Town's "Noise By law''. 8. Inspection by Officer 8.1 Any person who has been issued a licence and any person who intends to hold a licence to operate a motor vehicle racing facility shall permit an Officer and such other municipal staff person and their agents as is required by the Town to ensure compliance with this by-law and any other legislation, to inspect the motor vehicle racing facility. 9. Noise By-Law 9.1 Owners and promoters of motor vehicle racing facilities shall be exempt from the provisions contained in the Town Noise By-Law, as may be amended from time to time while motor vehicle races are being held. 9.2 No person shall race a motor vehicle or permit motor vehicle racing on a · racetrack unless the motor vehicle or motor vehicles are equipped with an operating sound muffling and dampening device (mufflers). 10 Enforcement 10.1 Every person who violates a provision of this by-law is guilty of an offence and upon conviction is liable to the penalty as provided in Section 61 of the Provincial Offences Act, RSO 1990, C 33 as amended from time to time. 10.2 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of not more than $100,000.00 (one hundred thousand Regular Council - 02 Feb 2021 Page 180 of 252 dollars) as provided for by Section 429 of the Municipal Act, 2001, c.25, as amended.· 10.3 In the case of a continuing offence for each day or part of a day that the offence continues, every person who contravenes any provision of this by-law shall be liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of not more than $10,000.00 (ten thousand dollars) with the total of all daily fines not being limited to $100,000.00 (one hundred thousand dollars). 10.4 In the case of a multiple offence, for each offence included in the multiple offence, every person who contravenes the provisions of this by-law shall be liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of $10,000.00 (ten thousand dollars) with the total of all fines for each included offence not being limited to $100,000.00 (one hundred thousand dollars). 10.5 No person shall obstruct, hinder or in any way interfere with any person designated to enforce this by-law. 11 Severability 11.1 Where any clause, section or part of this by-law is severed or struck down by a court of competent jurisdiction, it is understood that in no way will the clause, section or part severed or struck down affect the remainder of the by-law and all other sections, clauses and parts remain in full force and effect. 12 Administration and Effect 12.1 This by-law shall come into full force and effect upon the final passing thereof. 12.2 Any by-law or provision contained within a by-law wh ich is inconsistent with this by-law is hereby repealed. 12.3.1 Council does hereby authorize staff to approve a race schedule annually which is to be attached to this by-law as Schedule A. 12.3.2 Staff approval of Schedule A shall not require the adoption by Council of the approval nor shall Council be required to amend its by:law. 12.4 Any appeal by any person to the adopted annual schedule shall be heard by Council who may make a determination by resolution. Regular Council - 02 Feb 2021 Page 181 of 252 Read a first and second time this 3rd day of December 2019. Read a third time and finally passed this 3rd day of December,·201$. Q ·- _lerk Regular Council - 02 Feb 2021 Page 182 of 252 By-Law Number 100-2019 Schedule "A" Sauble Speedway 2020 Schedule One Practice Day on Either: Sat. June 6th 1 :00 pm - 4:00 pm Practice Sun. June 7th 1 :00 pm - 4:00 pm Rain Date for Practice Day Sat. June 13th 1 :00 pm - 4:00 pm Practice Day Sun. June 14th 1 :00 pm - 4:00 pm Rain Date for Practice Day Race Days Sat. June 2oth 7:00 pm Season Opener Sat. June 27th 7:00 pm Sun. June 28th 7:00 pm Mon. ·June 29th 2:00 pm Rain Date Sat. July 4th 7:00 pm Sat. July 11th 7:00 pm Sat. July 18th 7:00 pm Sat. July 25 7:00 pm Wed. July 29th 7:00 pm Dash For Cash Invitationals Sat. Aug. 1st 7:00 pm Sun. Aug 2nd 7:00 pm Mon. Aug 3rd 2:00 pm Rain Date Sat. Aug 8th 7:00 pm, Fireworks Sat. Aug 15th 7:00 pm Sat. Aug 22nd · 7:00 pm Sat. Aug 29th 7:00 pm Kids Bike Night, Fireworks Sat. Sept. 5th 7:00 pm Sun. Sept. 6th 7:00 pm Demolition Derby Regular Council - 02 Feb 2021 Page 183 of 252 2020 Operating License g Issued to 2582852 Ontario Ltd. Operating as Sauble Speedway at 1095 Bruce Rd 14, Con 9 Pt Lt 16; South Bruce Peninsula This operating license is issued in accordance with the provisions contained in· By-Law 100-2019 and Resolution R-484-2019. In addition to the provisions in the by-law, the following conditions are imposed: • Practices will be permitted at 4:00 pm, racing will be permitted at 7:00 pm and end at 11 :00 pm on June 20, June 27, June 28, July 4, July 11, July 18, July 25, July 29, August 1, August 2, August 8, August 15, August 22, August 29 and September 5 • Practice/safety checks will be permitted on either June 6 or June 13 from 1 :00 pm to 4:00 pm. Rain dates will be either June 7 or June 14 from 1:00 pm to 4:00 pm • Rain dates are permitted on June 29, July 31 and August 3. Practice starts at 1:00 pm and racing is from 2:00 pm to 11 :00 pm • No motor vehicle racing will begin after 10:30 pm • May 1-September 30: motor vehicle racing, restricted to lapping, practices, driver training and school, will be permitted Monday to Friday between the hours of 1 :00 pm and 8:00 pm and will be limited to one (1) motor vehicle on the track at any given time The licensee shall observe all by-laws rules and regulations, matters and things as are or may be enacted by the Council of the Town as well as any applicable law. Subject to revocation, this license shall continue in force until December 31, 2020 and no longer. This license shall be displayed in a conspicuous place on the premises. \ st- day of \Y\~ Regular Council - 02 Feb 2021 Page 184 of 252 Town of soum BRUCE Excerpt from Council Meeting Minutes - E6 August 4, 2020 PENINSULA 15. ADM46-2020 Sauble Speedway Rain Rescheduling Date R-403-2020 It was Moved by J. Jackson, Seconded by T. Bell and Carried That in accordance with the provisions contained in By-Law 40-2019, Council permits Sauble Speedway to have a scheduled rain date of August 23, 2020 beginning at 1 :00 pm with the curfew being 11 :00 pm; And further that the scheduled rain date will only be used if racing on August 22, 2020, as approved by Council on July 21, 2020 is cancelled due to rain or a major emergency response incident. Regular Council - 02 Feb 2021 Page 185 of 252 Regular Council- 02Feb2021 2021 Sauble Speedway Tentative Dates Same as 2020 j I- On each race day the following day is a rain day. starting at 2pm Sat. June 5th 1-4 pm Practice Our test and tune times will go from May 1st-~0th. Sun. June 6th 1-4 pm Rain Date For Practice Day ,_ Single car only I Sat. June 12th 1-4pm Practice (If Needed) ,_ Testing Time 12 noon - 8pm Sun. June 13th 1-4pm Rain Date For Practice Day No Sunday Testing Sat. June 19th 7pm Opening Night: Oscaar Mods & Hotrods,United 8's & Comp 4's Legends Series Sun. June -4:)fh 2pm Rain Date Sat. June 26th 7pm United 8's & Comp 4's, Jr Late Models, Mini Trucks, Legends Sun. June 27th 2pm Rain Date Sat. July 3th 7pm Can Am Midgets, Outlaw Midgets, United 8's & Comp 4's Sun. July 4th 7pm Can Am Midgets, Outlaw Midgets United 8's & Comp 4's Mon. July 5th 2pm Rain Date Sat. July 10th 7pm Canadian Super Late Models, United 8's & Comp 4's Sun. July 11th 2pm Rain Date Sat. July 17th 7pm Ontario Sportsman, Legends, Combined 4's Sun. July 18th 2pm · Rain Date Sat. July 24 7pm Outlaw Sprints, United 8's, Comp 4's, Legends Sun. July 25th 2pm Rain Date Wed. July 28th 7pm Dash for Cash: Super Stock Inv 50 Laps, Comp 4's 40 Laps, Plus Kids Bike night Sat. July 31st 7pm. APC United Late Model Series, Can Am Midgets, Legends Sun. Aug. 1st 7pm Can Am Midgets, Pro Late Model lnvitatioal 150, Legends Mon. Aug 2nd 2pm Rain Date Page 186 of252 Sat. Aug. 7th 7pm Canadian Super Late Model, United S's & Comp 4's, Legend Series Sun. Aug 8th 2pm Rain Date Sat. Aug. 14th 7pm Ontario Sportsman & Comp 4's, Jr Late Models, Mini Trucks, Plus Fireworks Sun. Aug 15th 2pm Rain Date Sat. Aug 21 nd 7pm OSCAAR Mods & Hotrods, United S's, Legends Sun. Aug 22nd 2pm Rain Date Sat. Aug. 28th 7pm APC United Late Model Series, Comp 4's, Legends Sun. Aug 29th 2pm Rain Date Sat. Sept. 4th 7pm Can Am Midgets, United S's, Comps 4's , Legends Sl\ t.JCLE BEACH. CN Sun. Sept. 5th 7pm Can Am Midgets, United S's, Comp 4's, Legends, Demo Derby Mon. Sept 6th 2pm Rain Date The Corporation of the Town of South Bruce Peninsula By-Law Number XX-2021 Being a By-Law to Regulate Motor Vehicle Racing and Motor Vehicle Racing Facilities in the Town of South Bruce Peninsula Whereas the Municipal Act, 2001, c.25, Section 151 provides for a system of licences with respect to a business; And whereas the Municipal Act, 2001 , c.25, Section 165 provides that a municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races; And whereas the Municipal Act, 2001 , c.25, Section 429 provides the authority to establish a system of fines for offences under a by-law of the municipality passed under the Municipal Act; And whereas the Municipal Act, 2001, c.25, Section 436 provides for the power of entry for the purpose of inspection by an employee, officer or agent of the municipality to determine compliance; And whereas the Town deems it expedient to make provision for the licensing of motor vehicle racing and motor vehicle racing facilities within the Town of South Bruce Peninsula. Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. Definitions 1.1 Clerk means the person, or his or her designate, appointed by the Town in accordance with the provisions of the Municipal Act, 2001, as amended. 1.2 Council means the elected council of the Corporation of the Town of South Bruce Peninsula. 1.3 Crew means any person(s) assisting in the racing of motor vehicles, including the sponsor of any team or vehicle and may serve the function of mechanic, driver and assistants. Regular Council - 02 Feb 2021 Page 187 of 252 1.4 Fire Chief means the person, or his or her designate, appointed by the Town in accordance with the fire Protection and Prevention Act, 1997 as amended. 1.5 Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof as defined by the Highway Traffic Act R.S.O. 1990, c. H.8 as amended. 1.6 Licence in relation to a licence issued under this by-law, includes a permit, an approval, a registration and any other type of permission, and "licensing" has a corresponding meaning. 1.7 Major Emergency Response Incident means the requirement of additional ambulance assistance or police or fire personnel response or an accident which delays racing for a period of longer than one hour. 1.8 Motor Vehicle shall mean a motorcycle, motorized snow vehicle, all-terrain vehicle, go-cart, truck, automobile and any other vehicle propelled or driven other than by muscular power. 1.9 Motor Vehicle Race means any practice, time trial, race, lapping, driver training, race school or demonstration at the motor vehicle racing facility whether in competition with other motor vehicles for recreational or any other purposes and in preparation for such operations of motor vehicles. 1.10 Motor Vehicle Racing Facility means any lands, buildings or structures designed, intended for use or used for the racing of motor vehicles on a temporary or permanent basis. 1.11 Motor Vehicle Racing Staging Area means that area where individuals operating and maintaining motor vehicles for racing park their motor vehicles for hauling, motor vehicles for racing and trailers in preparation for motor vehicle racing. 1.12 Officer means that person as appointed by the Town to enforce the provisions of this by-law and includes the By-Law Enforcement Officer, a Provincial Offences Officer or a Police Officer as the case may be. Regular Council - 02 Feb 2021 Page 188 of 252 1.13 Owner means the person, individual, business, etc. with legal title to a motor vehicle racing facility. 1.14 Promoter means the person, individual, business, etc. with care and control of a motor vehicle racing facility at any given point in time, and with the authorization of the owner of the facility. 1.15 Sanitary facilities means at minimum facilities containing at least toilets and washbasins. 1.16 Trailer means any unit whether self-propelled or designed to be towed by another vehicle which is used for human habitation and will include a tent which may be erected for human habitation. 2. General Provisions 2.1 No person shall operate a motor vehicle racing facility or permit motor vehicle racing on any lands within the Town of South Bruce Peninsula without first obtaining a licence from the Town of South Bruce Peninsula. 2.2 No person shall operate a motor vehicle racing facility or permit motor vehicle racing unless all facilities and services are provided for as set out in this by-law. 2.3 No person shall operate a motor vehicle racing facility or permit motor vehicle racing upon lands in the Town of South Bruce Peninsula unless said lands are zoned for such intended use. 3. Motor Vehicle Racing Facility Requirements 3.1 The motor vehicle racing is to be held on a motor vehicle racing facility, which has been constructed with adequate provisions for the elimination of dust. 3.2 The motor vehicle racing facility must have such barricades/fencing and space between barricades/fencing to protect spectators from the motor vehicle racing in accordance with provisions as established by the insurer for the owner or promoter of the motor vehicle racing facility. 3.3 The motor vehicle racing facility must have adequate fire extinguishers in case of any accident or fire. Regular Council - 02 Feb 2021 Page 189 of 252 3.4 The number and type of extinguishers shall be subject to the approval of the Fire Chief having jurisdiction over the racetrack location. 3.5 The owner or promoter must carry an insurance policy to insure against injury to spectators and property damage at the motor vehicle racing facility and any motor vehicle race. All minimum coverage is detailed below: Commercial General Liability insurance policy not less than $5,000,000 per occurrence/ $10,000,000 aggregate, which insures against third party claims for bodily injury (including death), personal injury and/or property damage as a result of actual or alleged negligence of the Contractor. This policy shall include: a. The Town of South Bruce Peninsula as Additional Insured b. Cross Liability / Severability of Interests clause c. Contractual Liability d. Minimum thirty (30) day's written notice of cancellation or non-renewal to the Municipality The Liability Insurance Policy and/or endorsements shall be satisfactory to the Corporation. The insurance coverage noted above shall be maintained in force throughout the term of the licence. 3.6 The motor vehicle racing facility must have sanitary facilities, which comply with health regulations as set down by Federal or Provincial health regulations, as the case may be. 3.7 Where required , the owner or promoter must make arrangements for the control of traffic before and after motor vehicle races. 3.8 Traffic control shall be to the satisfaction of the Ontario Provincial Police and the municipal authority having jurisdiction over the highway by which the motor vehicle facility gains access and egress. 3.9 There shall be provided at the motor vehicle racing facility, adequate parking spaces for patron vehicles and for vehicles and trailers of those racing motor vehicles and their crew members. 3.10 All driveways, corridors and aisles, both in patron parking areas and in motor vehicle racing staging area shall be clearly identified and kept clear of parked vehicles, trailers or other impedances. 3.11 The owner or promoter shall provide adequate supervision of the motor vehicle race to prevent danger to the public and shall not permit any spectators in the Regular Council - 02 Feb 2021 Page 190 of 252 infield, upon the area used to race motor vehicles, except when motor vehicles are not racing. 4. Days and Times for Motor Vehicle Racing 4.1 Motor vehicle races will be permitted on one Wednesday and on Saturdays, Sundays and holiday Mondays beginning June 1 and ending September 15, in any given year. Practices on race dates will commence at 4:00 pm and official racing commencing at 7:00 pm and racing to end by 11 :00 pm. 4.2 On race dates as in section 4.1 above, noise from motor vehicles will be permitted between the hours of 3:00 pm and 12:00 am in the motor vehicle racing staging area. No motor vehicle racing is permitted on the racetrack until 4:00 pm. 4.3 Notwithstanding any provision contained herein, no motor vehicle races will begin after 10:30 pm. 4.4 If a rain delay continuing for more than one hour or major emergency response incident occurs, motor vehicle racing time may be extended to 12:00 midnight only. This provision relates to motor vehicle races held on Saturday and Sunday of a long weekend. 4.5 If a rain event occurs or a rain delay continuing for more than one hour or major emergency response incident occurs and a motor vehicle race is cancelled, motor vehicle racing may be held on the day following the cancelled race, or on Monday if the cancelled race takes place on a long weekend, subject to all of the provisions contained in this by-law. This shall be referred to as the rain/emergency response incident rescheduled date. 4.6 On a rain/emergency response incident rescheduled date, the pit gates will be permitted to open at 12:00 noon. Practice may start at 1 :00 pm and racing may start at 2:00 pm. It is not permissible to reschedule any rain/emergency response incident rescheduled date. 4.7 From May 1st - September 30, in any year, motor vehicle testing, restricted to lapping, practices, driver training and school will be permitted on Monday through Friday between the hours of 1 :00 pm and 8:00 pm and will be limited to one (1) motor vehicle on the track at any given time. Regular Council - 02 Feb 2021 Page 191 of 252 4.8 When motor vehicle racing is scheduled for Sunday, no lapping, practice, driver training and school will be permitted. 4.9 Except as provided in this by-law, other days and times may be approved only if approved by Council, by resolution upon hearing a delegation from the owner/promoter. 4.10 Where Council is requested to approve a racing schedule which is not as permitted herein, it shall be understood that such changes will be considered on an individual basis, with each being reviewed on its own merit and approved or refused at the sole discretion of Council, by resolution. 4.11 When considering a racing schedule which is not as permitted herein, consideration will be given to previous compliance with all provisions of established by-laws and regulation, the frequency of the requested change, complaints received by the Town with regard to the motor vehicle racing facility, the economic impact of the change to the owner/promoter, any conflict with other events, the impact on the surrounding land uses, mitigation strategies and plans to be implemented and whether adequate time is given for Council to consider the request. It is hereby understood that this is not an all-exhaustive list of items which will be considered when Council renders a decision in this regard. 5. Issue and Revocation of Licence 5.1 The owner or promoter will make application to the Town, on the prescribed form to obtain a licence each year. 5.2 As part of the licence application each year, the owner or promoter shall supply the Town with a listing of all dates and times for motor vehicle races proposed to be held in the calendar year. 5.3 The owner or promoter will pay a non-refundable licence fee; said fee shall be as established in the Town Fee By-Law and amended from time to time. 5.4 Proof of insurance must be produced before a licence will be issued. 5.5 The owner or promoter will provide such documentation to the Town as is required by the Town to assist in the consideration of issuing a licence and to ensure compliance with the provisions contained in this by-law before a licence will be issued. Regular Council - 02 Feb 2021 Page 192 of 252 5.6 Notwithstanding section 5.5.1 above, the owner/promoter will make available upon request to the Town: • A site plan which includes the location of all buildings, structures, parking areas, racing areas, camping areas, pit/motor vehicle staging areas, spectator areas, garbage storage areas, food seNice areas, emergency facilities, fuel storage/fuel handling areas, permanent/temporary fencing/barricades; • An emergency management / safety plan identifying steps to be taken in the event of an emergency, where fire fighting equipment including but not limited to fire extinguishers, first aid treatment stations, emergency exits, fire routes are located; and • Clearance letters from the police, fire seNices, AGCO, Grey Bruce Health Unit and TSSA, as applicable. 5. 7 Subject to compliance with the provisions of this by-law, the Clerk of the Town shall issue a licence to the applicant. 5.8 The licence issued by the Clerk shall be valid from the date of issue to December 31 in the year in which it was issued unless it has been revoked by the Town. 5.9 The licence issued for motor vehicle racing will be only for such dates as specified in the licence. 5.10 Permission for the addition of any motor vehicle racing dates which would be held on days permitted in this by-law, would only be granted by making application as described herein, with a licence amendment being issued, subject to the provisions of this by-law. 5.11 Practice, lapping, driver training and school will be understood to be permitted on such days and times as are in accordance with this by-law and do not specifically need to be included on the licence. 5.12 The licence will be displayed in such location as would be visible when any Officer attends at the motor vehicle racing facility. 5.13 If the owner or promoter of a motor vehicle racing facility fails to comply with any requirements of this by-law, the Clerk may revoke the license. Regular Council - 02 Feb 2021 Page 193 of 252 5.14 Notice of revocation will be effectively given by registered mail or courier to the last known address of the owner or promoter and by posting the notice of revocation on the lands used as a motor vehicle racing facility. 5.15 Notice of revocation will be deemed to have been received three (3) days after the registered mail or courier is sent and will be deemed to have been received immediately after the posting on the facility. 5.16 No motor vehicle racing shall take place after the notice of revocation is deemed to have been received. 6. Appeals 6.1 In the event that the Clerk refuses to issue a license for any reason or a licence is revoked, the owner or promoter may appeal the decision to Council by attending Council as a delegation and presenting the request. 6.2 Council may, in its sole discretion, direct that the licence be issued or re-issued as requested, be issued or re-issued with conditions or may uphold the decision of staff in not issuing or revoking the licence. 6.3 In considering the request, Council shall consider whether the owner or promoter has failed to comply or will fail to comply with any provision of this by-law or any other legislation. 6.4 Where any charge, ticket or notice of offence has been laid by an Officer because of a violation of the provisions contained in this by-law, there will be no appeal to Council permitted with respect to the charge, ticket or notice of offence issued. 7. Overnight Camping 7 .1 The crew and any spouse or child of the crew, will be permitted to park and occupy no more than four (4) trailers per motor vehicle racing team overnight only on the nights of motor vehicle racing events. 7.2. Overnight camping will take place on the property of the motor vehicle racing facility in an area which is specifically segregated from parking areas. Regular Council - 02 Feb 2021 Page 194 of 252 7.3. Areas designated for overnight camping will not be permitted to encroach into areas designated for patron parking. 7.4 Areas designated for overnight camping will be only as permitted in the approved site plan, submitted by the owner/promoter in association of the annual request for a license. 7.5 Overnight camping will not exceed three (3) nights in any 7 consecutive days. 7.6 No person shall make any noise likely to disturb the inhabitants of the Town or allow or permit such noises to be made in accordance with the Town's "Noise By law". 8. Inspection by Officer 8.1 Any person who has been issued a licence and any person who intends to hold a licence to operate a motor vehicle racing facility shall permit an Officer and such other municipal staff person and their agents as is required by the Town to ensure compliance with this by-law and any other legislation, to inspect the motor vehicle racing facility. 9. Noise By-Law 9.1 Owners and promoters of motor vehicle racing facilities shall be exempt from the provisions contained in the Town Noise By-Law, as may be amended from time to time while motor vehicle races are being held. 9.2 No person shall race a motor vehicle or permit motor vehicle racing on a racetrack unless the motor vehicle or motor vehicles are equipped with an operating sound muffling and dampening device (mufflers). 10. Enforcement 10.1 Every person who violates a provision of this by-law is guilty of an offence and upon conviction is liable to the penalty as provided in Section 61 of the Provincial Offences Act, RSO 1990, C 33 as amended from time to time. 10.2 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of not more than $100,000.00 (one hundred thousand Regular Council - 02 Feb 2021 Page 195 of 252 dollars) as provided for by Section 429 of the Municipal Act, 2001 , c.25, as amended. 10.3 In the case of a continuing offence for each day or part of a day that the offence continues, every person who contravenes any provision of this by-law shall be liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of not more than $10,000.00 (ten thousand dollars) with the total of all daily fines not being limited to $100,000.00 (one hundred thousand dollars). 10.4 In the case of a multiple offence, for each offence included in the multiple offence, every person who contravenes the provisions of this by-law shall be liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of $10,000.00 (ten thousand dollars) with the total of all fines for each included offence not being limited to $100,000.00 (one hundred thousand dollars). 10.5 No person shall obstruct, hinder or in any way interfere with any person designated to enforce this by-law. 11. Severability 11.1 Where any clause, section or part of this by-law is severed or struck down by a court of competent jurisdiction, it is understood that in no way will the clause, section or part severed or struck down affect the remainder of the by-law and all other sections, clauses and parts remain in full force and effect. 12. Administration and Effect 12.1 This by-law shall come into full force and effect upon the final passing thereof. 12.2 Any by-law or provision contained within a by-law which is inconsistent with this by-law is hereby repealed . Read a first and second time this 16th day of February, 2021. ______Mayor Clerk Regular Council - 02 Feb 2021 Page 196 of 252 Read a third time and finally passed this 16th day of February, 2021 . ______Mayor ------Clerk Regular Council - 02 Feb 2021 Page 197 of 252 The Corporation of the Town of South Bruce Peninsula By-Law Number 400XX-20-1-92021 Being a By-Law to Regulate Motor Vehicle Racing and Motor Vehicle Racing Facilities in the Town of South Bruce Peninsula Whereas the Municipal Act, 2001, c.25, Section 151 provides for a system of licences with respect to a business; And whereas the Municipal Act, 2001, c.25, Section 165 provides that a municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races; And whereas the Municipal Act, 2001, c.25, Section 429 provides the authority to establish a system of fines for offences under a by-law of the municipality passed under the Municipal Act; And whereas the Municipal Act, 2001, c.25, Section 436 provides for the power of entry for the purpose of inspection by an employee, officer or agent of the municipality to determine compliance; And whereas the Town deems it expedient to make provision for the licensing of motor vehicle racing and motor vehicle racing facilities within the Town of South Bruce Peninsula. Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. Definitions 1.1 Clerk means the person , or his or her designate, appointed by the Town in accordance with the provisions of the Municipal Act, 2001 , as amended. 1.2 Council means the elected council of the Corporation of the Town of South Bruce Peninsula. 1.3 Crew means any person(s) assisting in the racing of motor vehicles, including the sponsor of any team or vehicle and may serve the function of mechanic, driver and assistants. Regular Council - 02 Feb 2021 Page 198 of 252 1.4 Fire Chief means the person, or his or her designate, appointed by the Town in accordance with the fire Protection and Prevention Act, 1997 as amended. 1.5 Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof as defined by the Highway Traffic Act R.S.O. 1990, c. H.8 as amended. 1.6 Licence in relation to a licence issued under this by-law, includes a permit, an approval, a registration and any other type of permission, and "licensing" has a corresponding meaning. 1. 7 Major Emergency Response Incident means the requirement of additional ambulance assistance or police or fire personnel response or an accident which delays racing for a period of longer than one hour. 1.8 Motor Vehicle shall mean a motorcycle, motorized snow vehicle, all-terrain vehicle, go-cart, truck, automobile and any other vehicle propelled or driven other than by muscular power. 1.9 Motor Vehicle Race means any practice, time trial, race, lapping, driver training, race school or demonstration at the motor vehicle racing facility whether in competition with other motor vehicles for recreational or any other purposes and in preparation for such operations of motor vehicles. 1.10 Motor Vehicle Racing Facility means any lands, buildings or structures designed, intended for use or used for the racing of motor vehicles on a temporary or permanent basis. 1.11 Motor Vehicle Racing Staging Area means that area where individuals operating and maintaining motor vehicles for racing park their motor vehicles for hauling, motor vehicles for racing and trailers in preparation for motor vehicle racing. 1.12 Officer means that person as appointed by the Town to enforce the provisions of this by-law and includes the By-Law Enforcement Officer, a Provincial Offences Officer or a Police Officer as the case may be. Regular Council - 02 Feb 2021 Page 199 of 252 1.13 Owner means the person, individual, business, etc. with legal title to a motor vehicle racing facility. 1.14 Promoter means the person, individual, business, etc. with care and control of a motor vehicle racing facility at any given point in time, and with the authorization of the owner of the facility. 1.15 Sanitary facilities means at minimum facilities containing at least toilets and washbasins. 1.16 Trailer means any unit whether self-propelled or designed to be towed by another vehicle which is used for human habitation and will include a tent which may be erected for human habitation. 2. General Provisions 2.1 No person shall operate a motor vehicle racing facility or permit motor vehicle racing on any lands within the Town of South Bruce Peninsula without first obtaining a licence from the Town of South Bruce Peninsula. 2.2 No person shall operate a motor vehicle racing facility or permit motor vehicle racing unless all facilities and services are provided for as set out in this by-law. 2.3 No person shall operate a motor vehicle racing facility or permit motor vehicle racing upon lands in the Town of South Bruce Peninsula unless said lands are zoned for such intended use. 3. Motor Vehicle Racing Facility Requirements 3.1 The motor vehicle racing is to be held on a motor vehicle racing facility, which has been constructed with adequate provisions for the elimination of dust. 3.2 The motor vehicle racing facility must have such barricades/fencing and space between barricades/fencing to protect spectators from the motor vehicle racing in accordance with provisions as established by the insurer for the owner or promoter of the motor vehicle racing facility. 3.3 The motor vehicle racing facility must have adequate fire extinguishers in case of any accident or fire. Regular Council - 02 Feb 2021 Page 200 of 252 3.4 The number and type of extinguishers shall be subject to the approval of the Fire Chief having jurisdiction over the racetrack location. 3.5 The owner or promoter must carry an insurance policy to insure against injury to spectators and property damage at the motor vehicle racing facility and any motor vehicle race. All minimum coverage is detailed below: Commercial General Liability insurance policy not less than $5,000,000 per occurrence/ $10,000,000 aggregate, which insures against third party claims for bodily injury (including death), personal injury and/or property damage as a result of actual or alleged negligence of the Contractor. This policy shall include: a. The Town of South Bruce Peninsula as Additional Insured b. Cross Liability / Severability of Interests clause c. Contractual Liability d. Minimum thirty (30) day's written notice of cancellation or non-renewal to the Municipality The Liability Insurance Policy and/or endorsements shall be satisfactory to the Corporation. The insurance coverage noted above shall be maintained in force throughout the term of the licence. 3.6 The motor vehicle racing facility must have sanitary facilities, which comply with health regulations as set down by Federal or Provincial health regulations, as the case may be. 3.7 Where required, the owner or promoter must make arrangements for the control of traffic before and after motor vehicle races. 3.8 Traffic control shall be to the satisfaction of the Ontario Provincial Police and the municipal authority having jurisdiction over the highway by which the motor vehicle facility gains access and egress. 3.9 There shall be provided at the motor vehicle racing facility, adequate parking spaces for patron vehicles and for vehicles and trailers of those racing motor vehicles and their crew members. 3.10 All driveways, corridors and aisles, both in patron parking areas and in motor vehicle racing staging area shall be clearly identified and kept clear of parked vehicles, trailers or other impedances. 3.11 The owner or promoter shall provide adequate supervision of the motor vehicle race to prevent danger to the public and shall not permit any spectators in the Regular Council - 02 Feb 2021 Page 201 of 252 infield, upon the area used to race motor vehicles, except when motor vehicles are not racing. 4. Days and Times for Motor Vehicle Racing 4.1 Motor vehicle races will be permitted as submitted per Schedule "/\"on one Wednesday and on Saturdays, Sundays and holiday Mondays beginning June 1 and ending September 15, in any given year. -;-Practices on race dates will commence at 4:00 pm and official racing commencing at 7:00 pm and racing to end by 11 :00 pm. 4.2 On race dates as in section 4.1 above, nNoise from motor vehicles will be permitted between the hours of 3:00 pm and 12:00 am and will be limited in the ts-motor vehicle racing staging area.:_ operatioR-&:- No motor vehicle racing is permitted on the racetrack until 4:00 pm. 4.3 Notwithstanding any provision contained herein, no motor vehicle races will begin after 10:30 pm. 4.4 If a rain delay continuing for more than one hour or major emergency response incident occurs, motor vehicle racing time may be extended to 12:00 midnight only. This provision relates to motor vehicle races held on Saturday and Sunday and Friday of a long weekend. 4.5 If a rain event occurs or a rain delay continuing for more than one hour or major emergency response incident occurs and a motor vehicle race is cancelled, motor vehicle racing may be held on the day following the cancelled race, or on Monday if the cancelled race takes place on a long weekend next Friday, subject to all of the provisions contained in this by-law. This shall be referred to as the rain/emergency response incident rescheduled date. This provision relates to motor vehicle races held on VVednesday. 4.6 On a rain/emergency response incident rescheduled date, the pit gates will be permitted to open at 12:00 noon. Practice may start at 1 :00 pm and racing may start at 2:00 pm. It is not permissible to reschedule any rain/emergency response incident rescheduled date. Regular Council - 02 Feb 2021 Page 202 of 252 4 .6 If a rain event occurs or a rain delay continuing for more than one hour or major emergency response incident occurs and a motor vehicle race is cancelled, motor vehicle racing may be held Monday, subject to all of the provisions contained in this by law. This provision relates to motor vehicle races held on long 111eekends. On a rain date Pit gate opens 12:00 noon practice starts1 :00 pm racing at 2:00 pm 4. 7 From May 1st - September 30, in any year, . 2019 motor vehicle testing, restricted to lapping, practices, driver training and school will be permitted on Monday through Friday between the hours of 1:00 pm and 8:00 pm and will be limited to one (1) motor vehicle on the track at any given time. 4.8 When motor vehicle racing is scheduled for Friday or Sunday, no lapping, practice, driver training and school will be permitted. 4 .9 Practice dates and rain dates will be in accordance 1.vith Schedule "A". 4.-1-0~ Except as provided in this by-law, other days and times may be approved only if approved by Council, by resolution upon hearing a delegation from the owner/promoter. 4. -1-41 0 Where Council is requested to approve a racing schedule which is not as permitted herein, it shall be understood that such changes will be considered on an individual basis, with each being reviewed on its own merit and approved or refused at the sole discretion of Council, by resolution. 4.-1-211 When considering a racing schedule which is not as permitted herein, consideration will be given to previous compliance with all provisions of established by-laws and regulation, the frequency of the requested change, complaints received by the Town with regard to the motor vehicle racing facility, the economic impact of the change to the owner/promoter, any conflict with other events, the impact on the surrounding land uses, mitigation strategies and plans to be implemented and whether adequate time is given for Council to consider the request. It is hereby understood that this is not an all-exhaustive list of items which will be considered when Council renders a decision in this regard. 5. Issue and Revocation of Licence Regular Council - 02 Feb 2021 Page 203 of 252 5.1 The owner or promoter will make application to the Town, on the prescribed form to obtain a licence each year. 5.2 As part of the licence application each year, the owner or promoter shall supply the Town with a listing of all dates and times for motor vehicle races proposed to be held in the calendar year. 5.3 The owner or promoter will pay a non-refundable licence fee; said fee shall be as established in the Town Fee By-Law and amended from time to time. 5.4 Proof of insurance must be produced before a licence will be issued. 5.5 The owner or promoter will provide such documentation to the Town as is required by the Town to assist in the consideration of issuing a licence and to ensure compliance with the provisions contained in this by-law before a licence will be issued. 5.6 Notwithstanding section 5.5.1 above, the owner/promoter will make available upon request to the Town: • A site plan which includes the location of all buildings, structures, parking areas, racing areas, camping areas, pit/motor vehicle staging areas, spectator areas, garbage storage areas, food service areas, emergency facilities, fuel storage/fuel handling areas, permanent/temporary fencing/barricades; • An emergency management/ safety plan identifying steps to be taken in the event of an emergency, where fire fighting equipment including but not limited to fire extinguishers, first aid treatment stations, emergency exits, fire routes are located; and • Clearance letters from the police, fire services, AGCO, Grey Bruce Health Unit and TSSA, as applicable. 5.7 Subject to compliance with the provisions of this by-law, the Clerk of the Town shall issue a licence to the applicant. 5.8 The licence issued by the Clerk shall be valid from the date of issue to December 31 in the year in which it was issued unless it has been revoked by the Town. 5.9 The licence issued for motor vehicle racing will be only for such dates as specified in the licence. Regular Council - 02 Feb 2021 Page 204 of 252 5.10 Permission for the addition of any motor vehicle racing dates which would be held on days permitted in this by-law, would only be granted by making application as described herein, with a licence amendment being issued, subject to the provisions of this by-law. 5.11 Practice, lapping, driver training and school will be understood to be permitted on such days and times as are in accordance with this by-law and do not specifically need to be included on the licence. 5.12 The licence will be displayed in such location as would be visible when any Officer attends at the motor vehicle racing facility. 5.13 If the owner or promoter of a motor vehicle racing facility fails to comply with any requirements of this by-law, the Clerk may revoke the license. 5.14 Notice of revocation will be effectively given by registered mail or courier to the last known address of the owner or promoter and by posting the notice of revocation on the lands used as a motor vehicle racing facility. 5.15 Notice of revocation will be deemed to have been received three (3) days after the registered mail or courier is sent and will be deemed to have been received immediately after the posting on the facility. 5.16 No motor vehicle racing shall take place after the notice of revocation is deemed to have been received. 6. Appeals 6.1 In the event that the Clerk refuses to issue a license for any reason or a licence is revoked, the owner or promoter may appeal the decision to Council by attending Council as a delegation and presenting the request. 6.2 Council may, in its sole discretion, direct that the licence be issued or re-issued as requested, be issued or re-issued with conditions or may uphold the decision of staff in not issuing or revoking the licence. 6.3 In considering the request, Council shall consider whether the owner or promoter has failed to comply or will fail to comply with any provision of this by-law or any other legislation. Regular Council - 02 Feb 2021 Page 205 of 252 6.4 Where any charge, ticket or notice of offence has been laid by an Officer because of a violation of the provisions contained in this by-law, there will be no appeal to Council permitted with respect to the charge, ticket or notice of offence issued. 7. Overnight Camping 7.1 The crew and any spouse or child of the crew, will be permitted to park and occupy no more than four (4) trailers per motor vehicle racing team overnight only on the nights of motor vehicle racing events. 7.2. Overnight camping will take place on the property of the motor vehicle racing facility in an area which is specifically segregated from parking areas. 7.3. Areas designated for overnight camping will not be permitted to encroach into areas designated for patron parking. 7.4 Areas designated for overnight camping will be only as permitted in the approved site plan, submitted by the owner/promoter in association of the annual request for a license. 7.5 Overnight camping will not exceed three (3) nights in any 7 consecutive days. 7.6 No person shall make any noise likely to disturb the inhabitants of the Town or allow or permit such noises to be made in accordance with the Town's "Noise By law". 8. Inspection by Officer 8.1 Any person who has been issued a licence and any person who intends to hold a licence to operate a motor vehicle racing facility shall permit an Officer and such other municipal staff person and their agents as is required by the Town to ensure compliance with this by-law and any other legislation, to inspect the motor vehicle racing facility. 9. Noise By-Law Regular Council - 02 Feb 2021 Page 206 of 252 9.1 Owners and promoters of motor vehicle racing facilities shall be exempt from the provisions contained in the Town Noise By-Law, as may be amended from time to time while motor vehicle races are being held. 9.2 No person shall race a motor vehicle or permit motor vehicle racing on a racetrack unless the motor vehicle or motor vehicles are equipped with an operating sound muffling and dampening device (mufflers). 10. Enforcement 10.1 Every person who violates a provision of this by-law is guilty of an offence and upon conviction is liable to the penalty as provided in Section 61 of the Provincial Offences Act, RSO 1990, C 33 as amended from time to time. 10.2 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of not more than $100,000.00 (one hundred thousand dollars) as provided for by Section 429 of the Municipal Act, 2001, c.25, as amended. 10.3 In the case of a continuing offence for each day or part of a day that the offence continues, every person who contravenes any provision of this by-law shall be liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of not more than $10,000.00 (ten thousand dollars) with the total of all daily fines not being limited to $100,000.00 (one hundred thousand dollars). 10.4 In the case of a multiple offence, for each offence included in the multiple offence, every person who contravenes the provisions of this by-law shall be liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of $10,000.00 (ten thousand dollars) with the total of all fines for each included offence not being limited to $100,000.00 (one hundred thousand dollars). 10.5 No person shall obstruct, hinder or in any way interfere with any person designated to enforce this by-law. 11 . Severability 11.1 Where any clause, section or part of this by-law is severed or struck down by a court of competent jurisdiction, it is understood that in no way will the clause, Regular Council - 02 Feb 2021 Page 207 of 252 section or part severed or struck down affect the remainder of the by-law and all other sections, clauses and parts remain in full force and effect. 12. Administration and Effect 12.1 This by-law shall come into full force and effect upon the final passing thereof. 12.2 Any by-law or provision contained within a by-law which is inconsistent with this by-law is hereby repealed. 12.3.1 Council does hereby authorize staff to approve a race schedule annually 1.vhich is to be attached to this by lmv as Schedule A. 12.3.2 Staff approval of Schedule A shall not require the adoption by Gouncil of the approval nor shall Council be required to amend its by law-,. 12.4 Any appeal by any person to the adopted annual schedule shall be heard by Council who may make a determination by resolution. Read a first and second time this 3rd-16th day of December, 2019February, 2021 . ______Mayor Clerk Read a third time and finally passed this 3rd-16th day of December, 2019February, 2021 . ______Mayor Clerk Regular Council - 02 Feb 2021 Page 208 of 252 ba .., Num ber 100 2019 By.. IIJ\" Schedule v. Sau ble Speedway 2020 Schedule 7:GQ- Prnm °£ease n O"'ener,., 7:QQ pm 7:QQ pm 7:00 pm . I 7?:QQ pm Dash For Cash lnvitat1ona s 7:QQ pm 7:QQ pm Rain Date 2:QQ pm c · eworks ?:QQ pm, Fir 'n 7·QQ pm : n l"\l'Y\ • Fireworks 7?:.QQQ l:T""f'TTT pm v:rd. d s 8 i ke3-NN¼§1g-A1htr,, -F-Tr<~ ••• 77::QQ pm De molition Derby Regular Council - 02 Feb 2021 Page 209 of 252 Tuwnof SOUTH BRUCE The Corporation of the Town of South Bruce Peninsula P.O. Box 310,315 George Street Lara Widdifield, C.E. T. Wiarton, ON Director of Public Works NOH 2TO Telephone: (519) 534-1400 ext. 133 ~ Fax: (519) 534-4862 PENINSUlA Toll Free: 1-877-534-1400 e-mail: [email protected] Report To: Council, February 2, 2021 Report No: PW0S - 2021 Subject: Amabel Water Master Servicing Study Update Recommendation: That Council receives for information Report PW 05-2021, providing a summary of the Amabel Water Master Servicing Study Virtual Public Information Centre #1. Link to Strategic Planning: The purposes of this report best reflect: Goal 1: Transparent and accountable governance Goal 4: Healthy, Vibrant and Safe Communities Background: The purpose of this staff report is to provide Council with an update on the Amabel Water Master Servicing Study. The contract for the Study was awarded to R.J. Burnside and Associates on January 21, 2020, with the objective being to determine the most efficient way of providing additional capacity in the Amabel Water System and servicing the local area, and to satisfy the initial consultation requirements for any future infrastructure projects being recommended to achieve the stated objective. The process will involve the generation of a list of alternatives, and subsequent analysis of those alternatives, which, when combined with the public input, will result in a recommended alternative at the conclusion of the study. Factors to be considered include but are not limited to a cost-benefit analysis, environmental, social, and economic considerations. The study has completed the first public consultation phase, which due to the pandemic was posted virtually on the Town's Open Mic platform. The solicitation of comments period spanned from September 21 st through October 20th, 2020; ads were published in the Wiarton th Echo on September 1st, 2020 and in the Owen Sound Sun Times on September 4 , 2020. The Open Mic site featured a narrated slide show of the project presentation, digital copies of the presentation materials and a web-based survey (a version could also be printed and submitted or requested from the Town). Comments could be submitted through the online Regular Council - 02 Feb 2021 Page 210 of 252 survey or submitted directly to any of the project team. The results of the comment period are captured in the summary report provided herein as Attachment 1. The consultant shall continue to analyze the possible solutions and incorporate the feedback received during the first public consultation to establish a shortlist of potential solutions and associated costs. These solutions shall be presented to Council in a formal presentation and undergo a second public consultation phase. The study shall result in a preferred solution to the problem statement, which shall provide a framework for future infrastructure projects for planning and budgetary purposes. A subsequent detailed Environmental Assessment study (EA) may be required if the preferred solution triggers additional screening, such as a major expansion to a water treatment plant, or the construction of a new plant. Attachments: Attachment 1 - Public Information Centre #1 Summary Report - Amabel Water Service Master Plan Options: As this report is for information purposes, there are no options to be presented. Inter-Departmental Impact: There are no impacts immediately related to this informational report, however, the future provision of additional capacity and expansion of the water network will affect Legislative Services (Building and Planning) due to new development opportunities, and Financial Services as described below. Financial Implications: ~ Approval of Director of Financial Services As this report is provided on an informational basis, there is no financial impact at this time. However, the outcomes arising from future phases of the project will have financial implications, such as the possibility of future development/infrastructure charges and capital and operational budget needs. Any future projects identified by further stages of the project shall be subject to approval by Council at future Budget Deliberations. Expected Date of Completion: The consultant is continuing with the project; a second Public Information Centre including a presentation to Council is proposed once the list of potential recommended solutions is compiled, in order to solicit input toward the final preferred solution. Respectfully submitted, La~ Director of Public Works Date: January 25, 2020 2 Regular Council - 02 Feb 2021 Page 211 of 252 Public Information Centre #1 Summary Report Amabel Water Service Master Plan Town of South Bruce Peninsula 315 George Street, PO Box 310 Wiarton, ON NOH 2T0 R.J. Burnside & Associates Limited 128 Wellington Street West Suite 301 Barrie ON L4N 8J6 CANADA December 2020 300050991 .0000 Regular Council - 02 Feb 2021 Page 212 of 252 Town of South Bruce Peninsula ii Public Information Centre #1 Summary Report December 2020 Table of Contents 1.0 Introduction and Background ...... 1 2.0 Method of Notification ...... 1 3.0 Public Meeting Format...... 2 4.0 Participation Levels and Summary of Comments Received ...... 2 5.0 Overview of Comments ...... 3 6.0 Next Steps ...... 7 Tables Table 5-1 : Comment Form Responses ...... 4 Appendices Appendix A Newspaper Adverti sement Appendix B Display Boards Appendix C Comment Sheets R.J. Burnside & Associates Limited 300050991.0000 50991_PIC1 Report Regular Council - 02 Feb 2021 Page 213 of 252 Town of South Bruce Peninsula 1 Public Information Centre #1 Summary Report December 2020 1.0 Introduction and Background The Town of South Bruce Peninsula (Town) has initiated a Water Service Master Plan under the Municipal Class Environmental Assessment (MCEA) process to consider solutions for water servicing that provide servicing capacity for potential development and lower per capita cost for users of the existing systems within and adjacent to the Sauble Beach Settlement Area, in the former Township of Amabel. Possible Solutions for servicing include: Do Nothing Expand the serviced area • Inclusion of unserviced and undeveloped lands. • Inclusion of existing developed but unserviced lands into the serviced area. Establish an alternative water source (no increase in capacity) • Obtain water from an adjacent water system, (i.e. connect isolated service networks, create partnerships with an adjacent community) . • Identify an alternative groundwater source. • Identify an alternative surface water source. Establish additional water supply (increase capacity) • Construct new groundwater wells. • Obtain new surface water supply. • Acquire additional capacity from adjacent system. The Study is being carried out in accordance with Phase 1 and 2 of the Master Plan process of the Municipal Class Environmental Assessment (Municipal Engineers Association, October 2000, as amended in 2007, 2011 and 2015), which is an approved process under the Ontario Environmental Assessment Act. A key component of the Study includes consultation with agencies, stakeholders, Indigenous communities and public. This report documents the Public Information Centre (PIC), held on-line from September 21, 2020 to October 20, 2020. It summarizes the notification process, the information presented, and the comments received during the comment period. 2.0 Method of Notification The Notice of Study Commencement and PIC #1 was advertised in the Wiarton Echo on September 1, 2020 and Sun Times on September 4, 2020. A copy of the advertisement is provided in Appendix A. A notice was also posted on the Town website R.J. Burnside & Associates Limited 300050991.0000 50991 _PIC1 Report Regular Council - 02 Feb 2021 Page 214 of 252 Town of South Bruce Peninsula 2 Public Information Centre #1 Summary Report December 2020 (https://openmicsouthbrucepeninsula.cal). The Notice was emailed or mailed to agencies, stakeholders, Indigenous communities with a potential interest in the Study. 3.0 Public Meeting Format Given the current provincial government order to limit social interactions in an effort to reduce community spread of the COVID-19 virus, the PIC #1 was hosted on-line. A digital copy of the presentation material with recorded commentary was made available on the Town's website for the public to view or download anytime during the comment period. The presentation material provided background information on the existing Study Area; an overview of the Master Plan process; presented possible solutions to servicing and requested input from the public. A copy of the presentation is provided in Appendix B. Opportunity for public feedback was made available through an on-line digital Comment Form or by contacting either of the Project Team members with written comments. The on-line digital Comment Form asked the following: • My property interest is (check all that apply): Neighbourhood resident, Development Property, Commercial/Industrial property, General Interest, Other • My key area of interest is (check all that apply): Oliphant, Amabel Sauble, Huron Woods, Foreman, Other • Provide comments for the following topics: o Possible solutions for water service improvements for the key areas o Potential impacts of water system improvements and possible solutions • Any other comments/questions/suggestions? • Any other feedback, suggestions about the information and material presented for the Public Information Centre? 4.0 Participation Levels and Summary of Comments Received The Town project website received a total of 278 visits during and following the PIC comment period. Project information was downloaded by seventy-eight visitors to the project site. A total of six on line Comment Forms were received during the comment 1 th period from September 2P to October 20 , 2020. A copy of the comments received are provided in Appendix C. R.J. Burnside & Associates Limited 300050991 .0000 50991_PIC1 Report Regular Council - 02 Feb 2021 Page 215 of 252 Town of South Bruce Peninsula 3 Public Information Centre #1 Summary Report December 2020 5.0 Overview of Comments Participant comments are reviewed to provide a better understanding of stakeholder opinions and to provide feedback for the evaluation of the possible solutions for water servicing. The summary of comments and advice received during the PIC #1 is intended to provide an indication of overall shared issues, opinions, and concerns of participants. Most participants noted that the solutions for water service improvements would be to increase the number of properties on the system with one suggestion to build a water tower. Comments on the potential impacts of water system improvements and possible solutions included safe, clean and inexpensive water with expansion and more users on the system. Other comments included concern about the current cost to users of the system and a requirement to join a municipal system. R.J. Burnside & Associates Limited 300050991.0000 50991_PIC1 Report Regular Council - 02 Feb 2021 Page 216 of 252 Town of South Bruce Peninsula 4 Public Information Centre #1 Summary Report December 2020 Table 5-1: Comment Form Responses Comment Form Comment Response Question Noted My property interest is: Four Comment Forms noted Neighbourhood the property interest was as a resident, neighbourhood resident; one Development comment form indicated a Property, commercial/ industrial property Commercial/ interest and one was for Industrial general interest. property, General Interest/ Other One Comment Form noted the Noted My key area of area of interest was Oliphant; interest is four Comment Forms indicated the area of interest was Amabel Oliphant, Amabel Sauble, Sauble and one Comment Huron Woods, Form indicated Huron Woods Foreman, Other as the area of interest. • Add additional properties, • A review of wastewater (we would be interested and servicing options is outside would also like a sewage of the scope of the MSP. system) • The adequacy of the existing • Water tower and more water storage facilities and residents on the system the need to supplement this • Understanding that if there will be reviewed as part of Possible are more users on the th e study. solutions for Oliphant system, it would • Water is currently trucked to work better and not require water service the Oliphant system as resu lt water to be trucked to the improvements of treatability challenges for the key facility. Many people in Oliphant that complain associated with the available areas about their water quality and wells adding users alone will quantity. Would like to see not eliminate the need for a system expansion to supply trucked water supply. more households in this Alternatives to trucking will area. be identified and evaluated We have a cottage at • as part of the study. Sauble, with a new septic system. We are happy with R.J. Burnside & Associates Limited 300050991 .0000 50991_plC1 Report Regular Council - 02 Feb 2021 Page 217 of 252 Town of South Bruce Peninsula 5 Public Information Centre #1 Summary Report December 2020 Comment Form Comment Response Question our existing arrangement for • The MSP will look at water in and water out. alterative solutions for water • Force overpriced water on supply for the Amabel everyone, in order to red uce service area. cost per household! • Former Amabel (Sauble Beach) is a large community and should have water system th at will encompass most households and businesses. Either a pump station(s) in Sauble Beach or a water line with upgraded capacity from the Wiarton station. • Clean safe water. • The approach has not been • Impact would be less established whether expensive water. connection would be • If an expansion could be mandatory done, the likely outcome • Shutting down a mu nicipal would be that the cost to water system and reverting Potential supply would decrease. to individual (private) water impacts of • Do not want to have to join supply is referred to in the water system a municipal water system. industry as fragmentation. improvements • Reduce cost substantially, The MSP will include and possible or seriously consider discussion about the solutions shutting down system. Give challenges associated with everyone two years notice . fragmenting a water system. • Long term growth, cleaner water, reduced costs for those already on municipal water systems as more peo ple are on th e system. R. J. Burnside & Associates Limited 300050991.0000 50991_PIC1 Report Regular Council - 02 Feb 2021 Page 218 of 252 Town of South Bruce Peninsula 6 Public Information Centre #1 Summary Report December 2020 Comment Form Comment Response Question • Not be interested if there • A review of wastewater was not a sewage system servicing options is outside as part of the prog ram. of the scope of the MSP. • Lower costs, costs are • Identification of costs killing people on fixed associated with the incomes. alternative solutions will be • Consider those presented in the MSP. home/cottage owners who • The impacts of seasonal currently have well- variation in use will be regulated systems of their discussed in the MSP. Any other own. comments/ • Current user cost is questions/sugg unacceptable, substantially estions? higher than what was told, and completely mismanaged! • Water system for Amabel is overdue, many residents are here 10-1 2 months, the original shallow/deep well system is designed for short term residents and low congestion. Any other • The extent of the existing feedback, • I would like to know what water distribution systems suggestions streets in Sauble Beach are will be presented in the MSP. about the on the paid water system? information and material • Continue to be completely presented for open + transparent! the PIC? R.J. Burnside & Associates Limited 300050991.0000 50991 _PIC1 Report Regular Council - 02 Feb 2021 Page 219 of 252 Town of South Bruce Peninsula 7 Public Information Centre #1 Summary Report December 2020 6.0 Next Steps Comments and concerns received from the on-line PIC #1 will be reviewed for incorporation into the evaluation of the possible solutions for water service and the Water Service Master Plan. Next steps include: • Review input from public, stakeholder and agencies • Develop and evaluate solutions. A second PIC (PIC #2) is planned in 2021 to present the evaluation and recommended solution(s). RJ. Burnside & Associates Limited 300050991 .0000 50991_PIC1 Report Regular Council - 02 Feb 2021 Page 220 of 252 )> "C "C (I) ::, C.x· BURNSiDE )> [TttE D I FFERENCE I S OUR PEOPLE] Appendix A Newspaper Advertisement Regular Council - 02 Feb 2021 Page 221 of 252 @ BURNSiDE Notice of Study Commencement and Public Information Centre Water Service Master Plan The Study The Town of South Bruce Peninsula (Town) is undertaking a Water Service Master Plan for the area within and adjacent to the Sauble Beach Settlement Area in the former Township of Amabel. The Study will consider solutions that provide servicing capacity for potential development and lower per capita cost for users of the existing systems. The approximate Study Area locations are shown on the map. The Process The Study is being carried out in accordance with Phases 1 and 2 of the master plan process of the Municipal Class Environmental Assessment (Municipal Engineers Association, October 2000, as amended in 2007, 2011, & 2015), which is an approved process under the Ontario Environmental Assessment Act. The master plan process includes: consultation with agencies, stakeholders, Indigenous communities and public; review of the existing water systems and identification of future needs; an evaluation of alternative solutions to address the need; an assessment of potential environmental impacts; and, identification of reasonable measures to mitigate any potential adverse impacts. Opportunity to Participate Consultation is important to this Study. The Town would like to ensure that anyone interested in this Study has the opportunity to provide input into the planning and design of the Project. Project Information is available at https://www.southbrucepeninsula.com/en/townhall/publicnotices.asp . An on-line Public Information Centre (PIC) will be hosted on the Town's website to gather early input from the public during the preliminary stage of the project. Presentation and engagement material can be found at https://openmicsouthbrucepeninsula.ca/ starting September 21, 2020. The Town encourages the public to visit the website to view the PIC presentation and provide feedback by October 20, 2020. Please contact either of the following Project Team members if you are unable to access the online information concerning this Study or if you would like to be added to the Project Contact List to receive future project notices: Lara Widdifield, C.E.T. Jeff Langlois, P.Eng. MBA Director of Public Works Consulting Engineer Town of South Bruce Peninsula R.J. Burnside and Associates Limited 315 George Street, PO Box 310, 3 Ronell Crescent Wiarton, Ontario, Canada, NOH 2T0 Collingwood, ON L9Y 4J6 519-534-1400, ext.133 705-797-4269 [email protected] [email protected] Project and Notice information will be made available in accessible formats upon request in accordance with the Accessibility Standard for Information and Communication under the Accessibility for Ontarians with Disabilities Act, 2005 and Town policies regarding accessibility. Information will be collected in accordance with the Municipal Freedom of Information and Protection of Privacy Act. With the exception of personal information, all comments will become part of the public record. Those providing comments must identify personal information which is not to be part of the public record. This notice first issued September 1, 2020 Regular Council - 02 Feb 2021 Page 222 of 252 6 10 TUESDAY. SEPTEMB.ER 1, 2020 WIARTON EC HO ·Business Card Directory -. .. c · . - . ~ 0 .- •• °' . . CLASSIFIEDS , . . ' - -· Air Conditioning Moving & Storage Other Frank St. Storage PE\\' l\10~L:\1ENTS Public Notices Iv, lO'K,20','10':X.30' , tt. 519-534-21 10 w 519-270-3134 p; 848 Frank St. \\ iarton 1 · _(<;:lose tQ Airport) lheSWy • "" The TOYtn of South eruct Ptninsul1 (fl)WTI) Moving & Storage Plumbers t bu~~ting ' 1 W1tu s,~c, Masur Plan · · forlht1tnwhhin ll'ldldjactnttotheS1ublt .BucbSlttllm·• nt,.,,.,in-tht~t1TOW')shlp IDEAL STORAGE ofAm1btl ThtStudywQlconsldlH'aolutions · G. . '~ ~!WiJfflr ·· thatp,!Mdt seMcing c1p1c~fotpottnti1I , . i:'Setf Storage Units , - · . J..,..iopm~ ~nd klwer pt~ c,pitl cost for , A , '·fo'xs'to'10x30 '.· tf)'droJetting-Dnl!rAu'gering . iisersoftheui~sysllms. -._ · ··•·-· • '"""--,,,. .~. · ·' -Comerolnspection · Th• 1pprii:dll11tlt Study Art• ~a tions • .Warehoose Storagefollioats,._ • . ·o...... ,-,,,.il.. &' R- 'I _, _ •• • ' : ·•Ti:ai~ &-AV'a by·the S NOW OFFERING REMOTE WILL-AND CREAL ESTATE ., , ME.ETINGS Barrister, Solicitor, & Notary Public 800-536-0566 ext. 101 www.nusko.ca Regular Council - 02 Feb 2021 Page 223 of 252 BURNSiDE [ THE D I FFE RENCE I S OUR PEOPL E] )> Appendix B 'O 'O Cl) ::I C.x· Display Boards OJ Regular Council - 02 Feb 2021 Page 224 of 252 (l, BURNSiDE ,i Study Area (l, BURNSiDE The Town of South Bruce Peninsula has a popufaticn of 8,500 persona that increase lo app,oximalely 15,000 Amabel Water Service Master Plan pe1sons on a seasonal bui&. The Town has two main water distribution systems, consis.bng of Amabef and Town of South Bruce Peninsula W1arton. Public Information Centre (PIG) #1 The area ofs lucty indudes the area v.;thin and adJacenl to the Sauble Beach Settlement Alea in the !armer Township of Amabel. Kay considerations include. •Cost to users •future development (within 10-year horizon), •capacity of ex-fating water systems. Welcome •potential for land ac;q~ sition, ,aging infrastructure. •encroachment on natural featu res, •plannlng policy and regulation The cost of service f()( use11 of the Amabel Drinking Waler System (DWS) Is higher than the cost of service for users of the ~artoo system g Project Purpose (l, BURNSiDE 1~ Municipal Class EA Process (l, BURNSiDE This project is being conducted as a Master Plan Project as defined in lhe Municlpal Engineers Association Class EA document. The Master Plan will include Phases 1 and 2 of the EA Process Problem / Opportunity Purpose of this PIC is to: Statement: • Provide background information on the existing environment of the Study Area The Town of South Bruce Peninsula (Town} has identified a need to • Provide an overview of the Master consider solutions !hat provide Plan process servicing capacity for potential • Present preliminary ahernalive development and lower per solutions capita cost for users of the existing • Obtarn input on the alternative systems within and adjacent to the Sauble Beach Seltlement Area, in the solutions former Township of Amabel . • Identify next steps ·c::J·• -·~..:.~.-.:.. · - LJ ··•->• •:::. - • • .,.t I , ; '• ,. ''1 i . ' j ,: 1 Regular Council - 02 Feb 2021 Page 225 of 252 ~ Municipal Class EA Process (I} BuRNsim: 1~ Existing Water Services (I} 8 URNSiDE The Amabel d rinking water system consists or the Ama~-Sauble Water Treatment Plant (VvTP) drinking water Master Plan Process -Approach #1 s.ystem and three additional drinlong water aystems Huron Woods, Oliphant and Foreman. These four systems are not pt,y,i<:alty connecte-d however, they are indudedv.;ttvn the Amabel DWS for b n,ng pu1posu. AJI systems rely on groundwater under the lnnuence of surface water as a source e11cept Oliphant wt,ich orl!.lnally relied on groundwa!er under the lnnuenee of surface water but currently receives trucked wate r from 'Niarton. Residents and businesses in the study area nott.erviced by the Amabel DWS rely on Individual or communal private water suppli es. A summary of each of each physical system is provided in the Table below. Trcatmcmt Trc.:ilmcnt T'ypo Rating • Data Collection • Overvie'Nof • Identify and Foc1hty and Re'llew atudy Evaluate Solutions , l denbfy Problem/ • Proti,em/ Clm l! Wale< 687 m'lday 260 l arge Municipal Opportunity Opportunity • Re'liew Statement Environmental Treatment Plant Residential System • E.xisbng Impacts (GUDI) C onditions • Recommend The Masler Plan w:11 ldenbfy a set ol Class II b'eatment 743m3/day 104 l arge Municipal • Possible Solution• recommefldad water seNlang IGUDI) --Residential SY$tem Solutions 1mp,ovemen1s • Next S1eps Receives trucked 75 m' tday 34 ProJ&ets 1dentine-d v11thln the Mo~lcr Plan proceedm eecordance water from W1arton v11th Mun1dpa) Class EA 1c-q1.memenl,, subject to munmpal Class II tl'eatment 165 m1/day 18 Sm11II Munlelpal OOdQel:5 and PflOlldU I (GUO!) Reside ntial System (I} 8URNSiDE ~ Municipal Class EA Process (I} 8URNSiDE Master Plan Process - Goals Identify opportunities f<>f a more cost e ffectwe and resilient servicing slrategy to address cuuent Goal 1 conditions and anllcip.a!ed developmenl Identity servicing capacity for potenbal development that may result in lower waler rates for 1.1Sers of . Goa! 2 the exlsllng t.ystems. . Goa! 3 Assess the ability to bring exisbng developed but unserviced l ands onto the municipal water system on a voluntary b asis. • Goal 4 Leverage e11isling fnfrastructure. Thts Masler Plan is guided by the rown·s strategic planning documents, indudmg • • Town of South Bruce Peninsula Official Plan (Cot1,oli The municipal service goal of the Town ol South Bruce Peninsula il to p1ovida adequate and safe systems for water supply. sanitary s.ewage disposal and storm drainage to all areas of developmenl ,, ' ', ' ' I ' I 2 Regular Council - 02 Feb 2021 Page 226 of 252 ~ Alternative Solutions ~ BURNSiDE g EA Project Tlmeline ~ BURNSiDE The eva11.1ation of alternativu is a step,b-f-slep proces, thal compares alternatives that are feasible .,.,,thm th& project erwironment and meet the project objectives outlmed in the Problem/Opportunity Stalement A range of solutions will be considered in order to create the oppor1unity to, development growth and lo reduce per ca Pila to operabng cos!&. Possible Solutions Include: 1. Do Nothing 2. El(pand the serviced area - lndusion ol unserviced and undev~o~d lands - lndinion of existing developed but unserviced lands into the serviced area, •Ol:aCole~n l l'td • Overvlewolsh.dy • ld1nt11y1nd •E.,.1lu1llonol 3. Establish an alternative water source (no increase in capacity) R1~w • Pl-obl9ml e... ,1u,11 Sckit.lon• So~ion• - Obtain waler lrom an ad1acent water svstem, (i.e. connect !solaled seNlce networks, create • ld1nLtyPfcbl,unl' Opporturwtr • Ravilw Opportl.lni'ly S11t1m.nt En'i)onmtntll •fbco~nd partner$hips with an adjacent community) • bi1-t1119 Condit-.n1 lrnp,c:h Sc:ikit.lon• - lde-ntify an altem.itive groundwater source • Poss."bll SolutiGns • RaconYT11nd SoMion• - Identify an alternative 1urfacewate, source 4. E1tabli1h ar,ditional wate, suppty ~ncrease capacity) Next Steps ... : "'"'"" Re\llew pubhc, stakeholder and Agency comments generated from Public lnformebon Centre - ConstnJcl new groundwater wells this (for this phase of the project please submit your comments by October, 20th, 2020); - Obtain new surface water auppty Comments received by October 20th v.!U be incorporated into a Public lnro,mation Cenlre 1ummary which wm - Acquire additional capacity from adjacent system include a summary of you, written comments along v.ith project related responses; Develop and E"aluate Solutions; Present the evaluation and recommended solution(s) at PIC#2 in early 2021. g Evaluation of Alternative Solutions ffl BURNSiDE (rl Thank you for participating ~ BURNsiDE The alternative aolutlons v.ill be evaluated al a high l e"el 1elative to each other against a set of criteria to addreu water service for the Stu 3 Regular Council - 02 Feb 2021 Page 227 of 252 (1:1 BURNSiD£ [THE DIFF ERE NC E I S OUR P EOPLE] Appendix C Comment Sheets )> "O "O (I) :::, C.x· () Regular Council - 02 Feb 2021 Page 228 of 252 From: South Bruce Peninsula Sent: Tuesday, September 22, 2020 3:41:10 PM (UTC-05:00) Eastern Time (US & Canada) To: Lara Widdifield Subject-completed Online Comment Form CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. -just submitted the survey Online Comment Form with the responses below. My property interest is: (please check all that apply) Neighbourhood resident My key area of interest is: (please check all that apply) Amabel-Sauble Possible solutions for water service improvements for the key areas Add additional properties, we would be interested it would also like a sewage systems Potential impacts of water system improvements and possible solutions Clean safe water Any other comments/questions/suggestions? I would not be interested if there wasn't a sewage system as part of the program Would you like to be registered for updates to this project? I/we wish to be added to the mailing list to receive notices related to this project Name Address Regular Council - 02 Feb 2021 Page 229 of 252 Address Phone number Email Preferred contact method Email 2 Regular Council - 02 Feb 2021 Page 230 of 252 From: South Bruce Peninsula Sent: Tuesday, September 22, 2020 12:03:39 PM (UTC-05:00) Eastern Time (US & Canada) To: Lara Widdifield Subjecta-■ completed Online Comment Form CAUTION: This email originated from outside your organization. Exercise cau tion when opening attachments or clicking links, especially from unknown senders . - just submitted the survey Online Comment Form with the responses below. My property interest is: (please check all that apply) Neighbourhood resident My key area of interest is: (please check all that apply) Amabel-Sauble Possible solutions for water service improvements for the key areas Water tower and more resid en ts on the syst em Potential impacts of water system improvements and possible solutions The impact would be less expensive water Any other comments/questions/suggestions? Lower costs. These costs are killing people on fixed incomes Any other feedback, suggestions about the information and material presented for the Public Information Centre? I would like t o know what streets in Sauble Beach are on the paid wat er system Would you like to be registered for updates to this project? I/we wish to be added to the mailing list to receive notices relat ed to this project Name Regular Council - 02 Feb 2021 Page 231 of 252 Address Phone number Email Preferred contact method Email 2 Regular Council - 02 Feb 2021 Page 232 of 252 From: South Bruce Peninsula CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. just submitted the survey Online Comment Form with the responses below. My property interest is: (please check all that apply) General Interest My key area of interest is: (please check all that apply) Oliphant Possible solutions for water service improvements for the key areas It is my understanding that if there were more use rs on the Oliphant system, that the system would work better and not require water to be trucked to the facility. There are many people in Oliphant that complain about their water quality and quantity. I would like to see an expansion to the system to supply to more households in this area. Potential impacts of water system improvements and possible solutions If an expansion of the system could be done, the likely outcome would be that the cost to supply the water would decrease. Any other comments/questions/suggestions? n/a Any other feedback, suggestions about the information and material presented for the Public Information Centre? none Would you like to be registered for updates to this project? I/we wish to be added to the mailing list to receive notices relat ed to this project I/we wish to have our personal contact information (name, address, phone, ema il) remain confidential Regular Council - 02 Feb 2021 Page 233 of 252 Name Email Preferred contact method Email 2 Regular Council - 02 Feb 2021 Page 234 of 252 From: South Bruce Peninsula Sent: Wednesday, September 23, 2020 11:36:03 AM (UTC-05:00) Eastern Time (US & Canada) To: Lara Widdifield Subject: completed Online Comment Form CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. just submitted the survey Online Comment Form with the responses below. My property interest is: (please check all that apply) Neighbourhood resident My key area of interest is: (please check all that apply) Amabel-Sauble Possible solutions for water service improvements for the key areas We have a cottage at Sauble, with a new septic system. We are happy with our existing arrangement for water in and water out. Potential impacts of water system improvements and possible solutions We do not want to have to join a municipal water system. Any other comments/questions/suggestions? Please consider those home/cottage owners who currently have well regulated systems of their own. Would you like to be registered for updates to this project? I/we wish to be added to the mailing list to receive notices related to this project I/we wish to have our personal contact information (name, address, phone, email) remain confidential Name Address Regular Council - 02 Feb 2021 Page 235 of 252 Phone number Email Preferred contact method Email 2 Regular Council - 02 Feb 2021 Page 236 of 252 From: South Bruce Peninsula Sent: Friday, September 25, 2020 8:56:00 PM (UTC-05:00) Eastern Time (US & Canada) To: Lara Widdifield Subject: ■■■■■ completed Online Comment Form CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. just submitted the survey Online Comment Form with the responses below. My property interest is: (please check all that apply) Neighbourhood resident My key area of interest is: (please check all that apply) Huron Woods Possible solutions for water service improvements for the key areas Force overpriced water on everyone, in order to reduce cost per household! Potential impacts of water system improvements and possible solutions Reduce cost substantially, or seriously consider shutting down system. Give everyone two years notice. IE, I could have drilled 3 wells for what I have paid in last 12 years! Any other comments/questions/suggestions? Current user cost is unacceptable, and substantially higher than we were told when we moved here. Completely mismanaged! Any other feedback, suggestions about the information and material presented for the Public Information Centre? Continue to be completely open+ transparent! Would you like to be registered for updates to this project? I/we wish to be added to the mailing list to receive notices related to this project I/we wish to have our personal contact information (name, address, phone, email) remain confidential Name Regular Council - 02 Feb 2021 Page 237 of 252 Address Address Phone number Email Preferred contact method Email 2 Regular Council - 02 Feb 2021 Page 238 of 252 From: South Bruce Peninsula Sent: Monday, October 5, 2020 3:30:07 PM (UTC-05:00) Eastern Time (US & Canada) To: Lara Widdifield Subject:•••••••■ completed Online Comment Form CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. just submitted the survey Online Comment Form with the responses below. My property interest is: (please check all that apply) Commercial/Industrial property Neighbourhood resident My key area of interest is: (please check all that apply) Amabel-Sauble Possible solutions for water service improvements for the key areas Former Amabel (Sauble Beach) is a large community and should have water system that will encompass most households and businesses. There can either be a pump station(s) in Sauble Beach or a water line with upgraded capacity from the Wiarton station. Potential impacts of water system improvements and possible solutions Long term growth, cleaner water, reduced costs for those already on municipal water systems as more people are on the system. Any other comments/questions/suggestions? A water system for Amabel is overdue. Many residents are now here 10-12 months of the year the original shallow/deep well system is designed for short term residents and low congestion. Would you like to be registered for updates to this project? I/we wish to be added to the mailing list to receive notices related to this project Name Regular Council - 02 Feb 2021 Page 239 of 252 Address Address Phone number Email Preferred contact method Email 2 Regular Council - 02 Feb 2021 Page 240 of 252 The Corporation of the Town of South Bruce Peninsula By-Law Number 16-2021 Being a By-Law to Authorize the Mayor and Clerk to Sign Land Transfer Deeds and Other Documentation for the Purchase of Property known as Part of Park Lot B Plan Wiarton Part 2 3R884; T/W R359769; South Bruce Peninsula Whereas Section 8 of the Municipal Act, 2001, Chapter 25, as amended, provides that Section 8 shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues; And whereas Section 9 of the Municipal Act, 2001, Chapter 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; And whereas Glenn Paul Matthews is the owner Part of Park Lot B Plan Wiarton Part 2 3R884; T/W R359769; South Bruce Peninsula; And whereas the Corporation of the Town of South Bruce Peninsula is desirous of purchasing property known as Part of Park Lot B Plan Wiarton Part 2 3R884; T/W R359769; South Bruce Peninsula; And whereas the Town of South Bruce Peninsula shall purchase the property in accordance with a confidential executed real estate Agreement of Purchase and Sale and the Mayor and Clerk will be required to execute the land transfer documents and other documents as may be required to close the property sale. Now therefore the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. That the purchase for $20,000 plus HST with a condition that the Town pays the reasonable legal expenses for the seller related to the sale for Part of Park Lot B Plan Wiarton Part 2 3R884; T/W R359769; South Bruce Peninsula is hereby authorized. 2. That the Mayor and Clerk are authorized to sign the necessary documents for the purchase of the property as described herein. 3. That this by-law shall come into full force and effect upon the final passing thereof. Regular Council - 02 Feb 2021 Page 241 of 252 Read a first and second time this 2nd day of February, 2021. ______Mayor ______Clerk Read a third time and finally passed this 2nd day of February, 2021. ______Mayor ______Clerk Regular Council - 02 Feb 2021 Page 242 of 252 The Corporation of the Town of South Bruce Peninsula By-Law Number 17-2021 A By-Law to Designate Lt 9 Pl 3M123 Town of South Bruce Peninsula PIN 33155-0092 (LT) and Pcl 10-1 Sec 3M123; Lt 10 Pl 3M123; South Bruce Peninsula PIN 33155-0093 (LT) Not to Be Part of the Respective Plan of Subdivision, Pursuant to the Provisions of the Planning Act, R.S.O. 1990, c.P.13 as Amended Whereas Section 50, Subsection (4) of the Planning Act, R.S.O. 1990, authorizes a municipality to designate any registered plan of subdivision or part thereof that has been registered for eight years or more as not being a plan of subdivision for subdivision control purposes; And whereas it is deemed expedient in order to control adequately the development of land in the municipality that a by-law be passed to designate those lands described as Lt 9 Pl 3M123 Town of South Bruce Peninsula PIN 33155-0092 (LT) and Pcl 10-1 Sec 3M123; Lt 10 Pl 3M123; South Bruce Peninsula PIN 33155-0093 (LT) not to be part of the respective plan of subdivision; And whereas the properties described herein are municipally known as 29 Riverside Place, Roll Number 410254000240110 and 33 Riverside Place, Roll Number 410254000340109. Now therefore the Council of the Town of South Bruce Peninsula enacts as follows: 1. That the Registered Plan of Subdivision or parts thereof described herein are hereby designated to be a Plan of Subdivision which shall be deemed not to be lots on a Registered Plan of Subdivision for the purposes of Subsection 3 of Section 50 of The Planning Act, R.S.O. 1990. 2. That the lands subject to this by-law are described as Lt 9 Pl 3M123 Town of South Bruce Peninsula PIN 33155-0092 (LT) and Pcl 10-1 Sec 3M123; Lt 10 Pl 3M123; South Bruce Peninsula PIN 33155-0093 (LT) 3. That this by-law shall come into full force and effect upon the final passing thereof. Regular Council - 02 Feb 2021 Page 243 of 252 Read a first and second time this 2nd day of February, 2021. ______Mayor ______Clerk Read a third time and finally passed this 2nd day of February, 2021. ______Mayor ______Clerk Regular Council - 02 Feb 2021 Page 244 of 252 The Corporation of the Town of South Bruce Peninsula By-Law Number 18-2021 Being a By-Law to Amend By-Law Number 122- 2009, as Amended, Being the Comprehensive Zoning By-Law for the Town of South Bruce Peninsula for Plan 439 Lot 89, Albemarle (622 Mallory Beach Road) Whereas the Planning Act, RSO 1990 Section 34 provides for the passing of Zoning By-Laws; And whereas in accordance with the Planning Act, application has been received to change the zoning provisions for the subject lands. Now therefore the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. That Schedule 'A' to the Town of South Bruce Peninsula Comprehensive Zoning By law Number 122-2009 as amended, is hereby further amended by changing the zoning of the subject lands from "R2 Resort Residential" to "R2-18-2021 - Resort Residential Special" as shown on the Schedule 'A' attached hereto and forming a part of this by-law. 2. That By-Law 122-2009, as amended, being the Zoning By-Law for the Town of South Bruce Peninsula, is further amended by adding the following to Section 12.5 Special Provisions - Resort Residential Zone: R2-18-2021 - Resort Residential Special • Minimum Front Yard Setback for an accessory detached garage is 4 metres • Maximum Length of proposed garage along the Mallory Beach Road frontage is 9.86 metres • Minimum Exterior Side Yard Setback for accessory detached garage is 3 metres. • Doors for the accessory detached garage must not face Mallory Beach Road • A guest cabin is permitted on the second storey of the accessory detached garage • The maximum floor area of the guest cabin use is 33 square metres • No plumbing fixtures are permitted on the second storey of the accessory building containing the guest cabin • The guest cabin must only be used for non-paying guests and may not be used for paid short term accommodations, rental or lease • Maximum height for the accessory detached garage is 6.12 metres Regular Council - 02 Feb 2021 Page 245 of 252 • Minimum exterior side yard setback is 1.22 metres for a 3.26 metre by 4.73 metre detached shed and a 4.1 metre by 4.27 metre wooden platform existing as of the date of passage of this by-law 3. That this by-law shall come into force and effect on the final passing thereof by the Council of the Town of South Bruce Peninsula, subject to compliance with the provisions of the Planning Act, R.S.O. 1990, as amended. Read a first and second time this 2nd day of February, 2021 . ______Mayor ------Clerk Read a third time and finally passed this 2nd day of February, 2021. ______Mayor ------Clerk Regular Council - 02 Feb 2021 Page 246 of 252 Schedule 'A' 622 Mallory Beach Road - Plan 439 Lot 89 - Roll 410259000709700 Town of South Bruce Peninsula (geographic Township of Albemarle) N A Colpoys Bay 0 30 60 I I I I I I I Metres ------I -----~1 Subject Property Lands to be zoned R2- -2021 - Resort Residential Special This is Schedule 'A' to the zoning by-law amendment number _____ passed this ____ day of ______ Mayor______Clerk File: Z-2020-076 Applicant: Carrie Kurtz Date: January, 2021 Regular Council - 02 Feb 2021 Page 247 of 252 Regular Council - 02 Feb 2021 Action Item Originating Council Origin Date Responsible Status Expected Additional Comments Report Resolution No. Department Completion Head/Council Member Item to Be Removed Administration Pay Equity Plan and External Pay Notice of Motion- R-129-2020 March 17, 2020 Councillor Durst and Deputy RFP Issued February 16, 2021 Consultant to present to Council on Evaluation Mayor Jackson Treasurer February 2, 2021 HR Policy Review Notice of Motion- R-129-2020 March 17, 2020 Councillor Durst and Deputy Consultant presenting Pay Mayor Jackson Treasurer equity plan and will review HR policies in upcoming months Big Dig Celebration LS08-2020 R-501-2020 October 6, 2020 Economic Development Money in Festival & 2021 The EDO will look at this in 2021. Officer Events Reserve for Celebration $5,000 MAT By-Law, Investigate-Third Party FS24-2020 Deferred Motion November 12, 2020 Economic Development Staff are researching and March 16, 2021 Collection Agency, Investigate-Setting Officer and Deputy Clerk prepping by-laws, etc. Up a Non-Share Capital Corporation Legislative Services Potential Property Purchase - Closed LS13-2020 Closed Session October 6, 2020 Director of Legislative Staff had discussion with March 2, 2021 Session Direction (1) Services the party who has indicated that there will be discussion with their members in early February Blk 27-28 Pl 3M119 Authorize LS44-2020 Closed Session December 1, 2020 Director of Legislative Council closed direction Early 2021 Staff have formally and informally Disposition By-Law, Severance of Services followed - awaiting reached out to the owners with no Lands at 701 Main Street and Convey response response at this time to Town (4) By-Law Enforcement Contract LS03-2020 R-476-2020 September 15, 2020 Director of Legislative Contract being prepared Early 2021 Services Sauble Field Association Discussion - LS35-2020 R-553-2020 November 12, 2020 Director of Legislative Correspondence sent Early 2021 President is contacting the Parking and Beach Use Services shareholders and will respond when all have given their opinion Page 248 of 252 Paid Parking By-Law, Traffic By-Law LS35-2020 R-552-2020 November 12, 2020 Director of Legislative Review being undertaken Early 2021 Updates - Tiered Parking Pass System Services Consideration Potential Property Purchase - Closed FIN27-2020 Closed Session November 17, 2020 Director of Legislative Being considered in closed April 6, 2021 Session Direction (2) Services session at Feb 2 meeting Zoning By-Law, Fee By-Law and FIN30-2020 R-612-2020 December 1, 2020 Director of Legislative Application being made for March 16, 2021 Licensing By-Law for Short Term Services Zoning By-Law Accommodations amendment; Licensing By- Law being prepped Regular Council - 02 Feb 2021 Action Item Originating Council Origin Date Responsible Status Expected Additional Comments Report Resolution No. Department Completion Head/Council Member Potential Property Purchase - Closed LS09-2021 Closed Session January 19, 2021 Director of Legislative Staff have advised the March 2, 2021 Session Direction (3) Services solicitor and are moving forward with Council direction Presentation of Options for Enhanced LS13-2021 R-42-2021 January 19, 2021 Director of Legislative Staff are reviewing the March 2, 2021 Electronic Meeting Participation Services options, costing and ease of use Financial Services Amabel Sauble Community School LS50-2020 R-659-2020 December 15, 2020 Director of Financial Services Operating Update-Delegation to School Board Trustees Emergency Services Report on Costs for Fire Service Budget R-469-2019 November 26, 2019 Director of Emergency In progress June 1, 2021 Provision to Saugeen First Nations No. Deliberations Services First meeting with Saugeen First Nation 28 and No. 29 and Negotiating a New on November 18, 2020. Took 11 Agreement months to bein able to have a meeting with them. Another meeting will be schedule in February with mapping and cost for the agreement. December 16, put on hold untill new CAO is hired. Report on Emergency Services to Delebation - Colin R-473-2020 September 15, 2020 Director of Emergency March 2, 2021 Islands in SBP, Costing for Providing Dyke, Rob Services/Director of Public Fire Saving Equipment and Issuance of McKinnon, Tod Works 911 Numbers Wright, Fishing Islands Volunteer Response - Island Fire Loss Prevention Possibility of Skating Rink at SBCC Budget Action Item November 12, 2020 Director of Emergency Deliberations Services Page 249 of 252 Final Business Plan and Negotiated ESD01-2021 R-41-2021 January 19, 2021 Director of Emergency Lease Agreement with Bruce County- Services EMS Station Public Works Costing and solutions for stormwater CLK173-2017 R-506-2013 October 1, 2013 Director of Public Works In progress Winter 2020 University of Waterloo Students are management at Sauble Beach currently working on the project. Project will be completed as a multi- disciplinary student project overseen by faculty and the Town's biology consultant. Regular Council - 02 Feb 2021 Action Item Originating Council Origin Date Responsible Status Expected Additional Comments Report Resolution No. Department Completion Head/Council Member Sideroad 15 Flood Control Design Budget 2018 November 29, 2017 Director of Public Works Pending Pending Staff will look into possible solutions (to address flood waters overtopping the road without negative impacts to downstream lands) as a component of the Road Needs Study Locations for Electric Vehicle Charging Delegation-Jurgen R-212-2020 May 19, 2020 Director of Public Works Awaiting word from the Fall 2020 Stations VanDjiken and applicant regarding the Joe Vanderzand grant success Sewage Agreement for Sauble Sunset Closed Session - R-303-2020 June 22, 2020 Director of Public Works Fall 2020 Development and Research on Similar Sauble Sunset Systems/Agreements Development Review of Long Term Solution for ADM49-2020 R-393-2020 July 29, 2020 Director of Public Works Open Mic Survey in Fall 2020 for 2021 Closing Main Street and Lakeshore progress Budget Blvd N and Providing Access to Lakeshore Blvd S Residents Council Meeting to Discuss Council Meeting R-372-2019 October 1, 2019 Director of Public Works Mid-2021 This conversation will be had once Development and Design for Bluewater the previously announced grant Park and Waterfront program's Terms of Reference is released. Presentation at Volunteer Dinner Council Meeting R-375-2019 October 1, 2019 Director of Public Works 2021 Dinner Regarding Town Vision/Volunteering Consideration of Youth Friendly COM21-2020 Deferred Motion April 21, 2020 Director of Public Works Winter 2020-2021 Designation Investigate Request from Residents at PW43-2020 R-524-2020 October 20, 2020 Director of Public Works Spring-Summer 2021 Traffic monitoring equipment has now George St and Brown Street to Convert been received so monitoring will occur in the Intersection into a Four-Way Stop the spring/summer to capture peak Page 250 of 252 conditions Meeting with BC Municipalities and Notice of Motion- R-533-2020 October 20, 2020 Director of Public Works Winter 2020-Spring BASWRA to Discuss Diversion and Jay Kirkland- 2021 Recycling and Look at Establishing a Recycling and Committee to Investigate Future in BC Waste Diversion Possibility of Sauble Library Moving to Another Budget R-545-2020 October 21, 2020 Director of Public Works Spring 2021 Building Location - Sauble Medical Clinic Deliberations Possibility of Additional Capacity for Septic Budget R-543-2020 October 21, 2020 Director of Public Works Unknown at this time Staff will investigate what would be Haulage to Wiarton Sewage Treatment Facility Deliberations required and report back to Council by Spring 2021 Review of Georgian Bluffs Agreement - Pool PW47-2020 R-582-2020 November 17, 2020 Director of Public Works Spring 2021 Subsidy; Research Ways to Entice Player Participation at the Wiarton Arena Regular Council - 02 Feb 2021 Action Item Originating Council Origin Date Responsible Status Expected Additional Comments Report Resolution No. Department Completion Head/Council Member Establish Fee for Water Usage in COR01-2020 R-05-2020 January 7, 2020 Director of Public Works Bluewater Park Campground for 2021 Page 251 of 252 The Corporation of the Town of South Bruce Peninsula By-Law Number 19-2021 Being a By-Law to Confirm the Proceedings of the Council of the Corporation of the Town of South Bruce Peninsula Whereas Section 5 of the Municipal Act, 2001 as amended provides that municipal power may be exercised by its Council and by by-law; And whereas the Corporation of the Town of South Bruce Peninsula deems it advisable to enact a confirming by-law to confirm the actions of the Council at its meetings. Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. That the actions of the Council at its meeting held on February 2, 2021 in respect to each recommendation, reports of Committees forwarded therewith and in respect to each motion, resolution and other actions passed and taken by Council at its said meetings, except where the prior approval of the Ontario Municipal Board is required, is hereby adopted, ratified and confirmed. 2. That the Mayor and Clerk and their designates thereof be and they are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approval where required and except where otherwise provided, the Mayor and Clerk and their designates thereof are hereby directed to execute all documents required by Statute to be executed by them, as may be necessary in that behalf and to affix the Corporate Seal of the municipality to all such documents and the Treasurer and a designate thereof is hereby directed to execute all other documents necessary in that behalf and to affix the Corporate Seal of the municipality to all such documents. Read a first and second time this 2nd day of February, 2021. ______Mayor ______Clerk Read a third time and finally passed this 2nd day of February, 2021. ______Mayor ______Clerk Regular Council - 02 Feb 2021 Page 252 of 252