Post on 21-Nov-2021
The Corporation of the Township of Huron-KinlossCouncil Agenda
August 9, 2021
7:00 pm
Electronic Meeting
Members
Mitch Twolan, MayorDon Murray, Deputy MayorLillian Abbott, CouncillorJeff Elliott, CouncillorJim Hanna, CouncillorCarl Sloetjes, CouncillorEd McGugan, Councillor
Staff
Emily Dance, ClerkMary Rose Walden, Chief Administrative OfficerMatt Farrell, Building & Planning ManagerCoreena Smith, Bruce County Planner
Pages
1. Call to Order
2. Disclosure of Pecuniary Interest
3. Adoption of Minutes
3.1. Motion to adopt previous minutes 3
July 19, 2021, Council Meeting MinutesAugust 4, 2021 Committee of the Whole Meeting Minutes
4. Public Meetings Required Under the Planning Act
4.1. Z-2021-028 Ross Farrell - 952 Highway 21 34
CON 9 W PT LOT 34 PT LOT 35 (Huron), Township of Huron-KinlossRoll Number: 410716000304100
The purpose of this application is to permit a surplus farm dwelling severance of a +/-0.79 ha lot from a 63.82 ha agricultural parcel. An amendment to the Zoning By-Law isrequired to facilitate the severance.
Corenna Smith, Senior Development Planner will present the planning report.
5. Staff Reports
5.1. Rees – 353 Lake Range Drive, Holding Removal Request CLK-2021-08-97 53
6. By-Laws and Agreements
7. Confirming By-Law
7.1. By-Law No. 2021-87 being the August 2021 Confirmatory By-Law 57
8. Adjournment
Document Accessibility
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Page 2 of 57
The Corporation of the Township of Huron-Kinloss
Council Meeting Minutes
Date:
Time:
Location:
July 19, 2021
7:00 pm
Electronic Meeting
Members Present Don Murray, Deputy Mayor
Lillian Abbott, Councillor
Jim Hanna, Councillor, left at 8:54 p.m.
Ed McGugan, Councillor
Carl Sloetjes, Councillor
Members Absent Mitch Twolan, Mayor
Jeff Elliott, Councillor
Staff Present Emily Dance, Clerk
Jodi MacArthur, Treasurer
Grant Collins, Drainage Superintendent
_____________________________________________________________________
1. Call to Order
Deputy Mayor Murray called the meeting to order at 7:00 p.m.
2. Disclosure of Pecuniary Interest
2.1 Don Murray - Municipal Drain Improvement Request – Sutton Drain
DRAIN2021-07-12
Family Member
2.2 Don Murray - By-Law No. 2021-80 being the Zoning Amendment By-
law – Rick Smith Farms Limited Z-2021-010
Family Member
3. Adoption of the Minutes
Resolution No.: 508
Page 3 of 57
Moved by: Ed McGugan
Seconded by: Lillian Abbott
THAT the Township of Huron-Kinloss Council hereby adopts the July 12, 2021
Council (Planning) Meeting Minutes as presented.
Carried
4. Delegations
5. Public Hearing to Consider Drainage Reports
5.1 Robert McDonald Municipal Drain Report
Bill Dietrich, P. Eng, Dietrich Engineering presented the Robert
MacDonald Municipal Drain report and explained that the purpose was to
review the engineering and scope of work.
He explained that Section 4 of the Drainage Act gives the authority to
prepare the report which was obtained by a resolution of the Township of
Huron-Kinloss Council to prepare an Engineer’s Report.
Mr. Dietrich explained that the existing Robert MacDonald Award
Municipal Drain was originally constructed under the authority of a
report prepared by A. W. Clark, P.Eng., of Maitland Engineering Services
Ltd., dated June 8, 1983. This report provided for the construction of a
closed drainage system from Lot 17, Concession 7, downstream to the
boundary between Lot 22 and Lot 23, Concession 6 former Township of
Huron also included was the deepening and incorporation of
approximately 200 meters of natural watercourse on the east part of Lot
23, Concession 6, and that the outlet for this drain is a natural
watercourse.
An information meeting was held to gather information from the
landowners and following the report was prepared for Council
consideration. Mr. Dietrich noted that the changes to take place as
described in the report which will become a new part of the existing
drainage system. He explained that the properties assessments and
construction costs are outlined in the report along with future maintenance
costs.
Council Questions and Comments
Questioned how the system was designed for a storm event and
Page 4 of 57
confirmed that the petitioner is picking up the majority of the costs
associated with the drain.
Mr. Dietrich explained that the drainage system is designed for a 5-10
year storm and the drainage coefficient design standard used for this drain
is 38 mm of rainfall per 24 hours. It was confirmed that Mr. Hunter is
taking on the majority of costs on the drain.
A question was asked on where the overburden was coming from to
enclose the drain. It was explained that the material used for the
installation of the pipe along with an area that will be stripped will be used,
no material will be imported from off-site.
Questioned why a part of the drain would not be covered by OMAFRA for
grant funding. The Engineer explained that if you have an existing open
ditch under a municipal drain that portion is not eligible for 1/3 grant
funding to enclose it.
Public Comments
Terrance Jefferies, 110 Bruce Beach Road requested clarification on the
location of the MacDonald Drain.
It was clarified that the drain location was Concession 6, east of Highway
21.
5.1.1 Robert MacDonald Municipal Drain, 2021 Report DRAIN2021-
07-14
Resolution No.: 509
Moved by: Carl Sloetjes
Seconded by: Jim Hanna
That the Township of Huron-Kinloss Council hereby approves
Report Number DRAIN 2021-07-14 prepared by Grant Collins,
Drainage Superintendent and approves the Robert MacDonald
Municipal Drain prepared by Dietrich Engineering Limited of
Waterloo for an improvement AND FURTHER authorizes
provisional approval on tonight’s agenda AND FUTHER approves
the Court of Revision to take place on Monday August 9, 2021 at
7:30 p.m.
Carried
Page 5 of 57
5.2 Bruce Beach Municipal Drain Phase 1
Steve Brickman, P. Eng, Headway Engineering presented the Bruce
Beach Municipal Drain Phase 1 Report. He explained that there are 3
components of the drain that will be discussed, including the construction
of the detention pond, Lake Range Drive road crossing, and
improvements to the ravine. It does not include works, the downstream
works to the beach. That will be included in a separate phase.
He explained that Dietrich Engineering Limited was appointed by Council
on November 19, 2018, under Section 4 of the Drainage Act which
Council then modified its appointment of the Engineer on May 3, 2021, to
Headway Engineering.
Mr. Brickman reviewed the timeline of events that the project has taken
place so far. He noted that there was a significant event that happened
end of summer 2020 that enforced the need to move forward with the
project to protect public and private property.
In 2021, the Township applied to OMAFRA for an emergency order to
move forward quickly which was not approved and resulted in Headway
Engineering preparing the Phase 1 report that is being discussed at this
meeting. Phase 2 is to deal with taking the drainage system to the lake will
be presented in a separate report.
He noted that the findings include that nearly 200 acres drain to the ravine
and the ravine is experiencing high levels of erosion. He explained that
the design includes the construction of the detention facility (intercepting
surface water runoff, detains the water, and releases it in a controlled
manner downstream), road crossing on Lake Range Drive, and
improvements to the ravine.
He explained that through his modeling it was discovered that the ravine
erosion would continue in the same manner with the construction of the
detention pond. Mr. Brickman noted that flooding projects are designed
for big storm events and erosion projects for small storms.
The estimated costs are around one million dollars including allowances,
construction costs, administration, and taxes. Mr. Brickman went on to
explain the process moving forward, tonight's meeting is to consider
adopting the report, pass the provisional by-law and set the date for the
Court of Revision. Following Township staff will forward a copy of the
provisional by-law to the landowners and include a notice of the court of
revision. This is when the appeal process commences.
Page 6 of 57
The Court of Revision is to deal with the assessment. Once the appeal
process is complete the Township can move forward with passing the By-
Law.
Council Comments and Questions
Confirmed that it is important to understand that it is the design elements
to be discussed tonight. Council requested clarification on the works going
downstream and the control structure at the detention facility.
Mr. Brickman explained that the outlet structure is CSP riser, circular
perforated surrounded by riprap to prevent debris from getting in. The cap
will control the flow going downstream. In emergency situations when the
flow is beyond what the system is designed it can overflow into the top
and into the emergency flow pipe.
A question was asked regarding the west of the Lake Range Dr, 20-meter
drop, and the orifice plate. Mr. Brickman clarified that the difference
between the orifice plate and ground centerline is 29 meters.
Council requested confirmation that the agriculture property where the
detention pond is located can still be farmed. The Engineer explained that
it is designed to be workable it would only have rainfall during an event
and a short time after, designed as a dry detention facility.
Public Comments
Peter Schlegel, questioned the depth of the detention pond and if it will
have any effect on his tile drainage system as it is all systematically
drained and was unsure of the location of his outlet.
Mr. Brickman confirmed that the location of his outlet is close to the
property line between his and Brucelea Poultry Farms and other outlets
upstream. The proposal will affect his tile and given him an allowance for
use of property and damages. The damage allowance is to provide
compensation for Mr. Schlegel to adjust his tile drainage system but it
won't impede his drainage.
Mr. Schelgal confirmed his net assessment for the project is approx
$130,000.
Tom Clark, 97 Bruce Beach Road noted that the Engineer provided an
outstanding report. He explained that during the events in 2018 and 2020
his property got washed out. Questioned if the design Phase 1 will slow
Page 7 of 57
the velocity of the water so he won't experience what happened in 2018
and 2020.
Mr. Brickman confirmed with the construction, the damage seen in the
past will not occur, the flow will be substantially reduced and released in a
controlled manner.
David Moore, 94-2 Bruce Beach Road explained that the ravine is dry
most of the time when there is an event there is flow then get dry
again. He noted that the bend has eroded slightly only happens when
there is an event. He supports the detention facility and noted that it is the
key part to control the flow. He noted that there has been a new culvert
constructed with a grate with 2" holes on it and it is already blocked with
debris and with an event it could cause serious issues. Mr. Moore has
concerns with the cover on the culvert as it will cause damage to the
neighbouring properties that he understands was constructed without
approvals from the conservation authority and the Township.
He questioned what effects will the appeal process have on the timelines
for the construction of the detention pond and if the retention pond could
be dealt with separately from the ravine.
The Engineer explained that with the construction of the detention pond
the erosion of the ravine will remain similar to how it is currently.
Mr. Brickman explained that if there is an appeal it will hold up the
construction. He noted that the Tribunal is trying to have hearings however
they are backlogged. An appeal to the Tribunal on the design will hold up
construction, if there is an appeal to the assessment it may affect
construction times, it will be up to the Tribunal to determine to allow the
construction to proceed with an appeal to assessment.
Mark Gancevich, 98 Bruce Beach Road noted he was a major recipient of
water and his property has experienced several hundreds of thousands of
dollars of damages and noted that it is more than just the pond it is the
whole system that is failing. He felt that over the years the Township did
not allocate enough financial resources to the management of the water
and that the Township should look at the allocation for the Township's
portion for the system. He suggested that this system was not designed to
take the additional flows from the development at Lake Range and that
there have been missteps along the way.
Kristy Botden, 714 & 716 Lake Range Drive noted that in the report the
outlet for 98 Bruce Beach Road was not a long-term solution, she
Page 8 of 57
questioned why consider Phase 1 if it is unknown where the outlet will be
for Phase 2. She further questioned if property owners would be assessed
for both Phases, what determines outlet liability, and is there a yearly
value in total for maintenance costs.
The Engineer explained that the project was looked at in phases as a way
to get the detention pond constructed being the most important
part. Phase 2 portion will deal with an outlet to the beach. Regardless of
the outcome of Phase 2 the work in Phase 1 is required and will not be
redone. Mr. Brickman confirmed that properties in the watershed would
be assessed for both phases of the work.
He explained that the outlet liability on all properties portion of the area
within the watershed and depends on the land cover type and the portion
of the property that uses the drain. Mr. Brickman explained that there
won't be an annual maintenance cost. Maintenance is performed as
needed on a response basis and billed out accordingly.
Richard Outerbridge- 89 Martyn Lane- Confirmed that the maintenance
costs are on an as-needed basis and questioned if, when Phase 1 and
Phase 2 will be protected from the 100-year storm.
Mr. Brickman confirmed that the level of damage that occurred in 2020
would not occur once the detention pond is constructed.
Barb Moffat 102 Bruce Beach Road- Noted that there was not a response
from Mark Gancevich earlier questions about the distribution of the costs
and questioned if Council had a response.
Council commented that the general levy is distributed across the
Township but the report and assessment are based on the drain
project. If you are part of the watershed and confirmed that property
owners are responsible for the water on their land as it contributes to the
municipal drain. Projects costs are isolated to those in the report, not the
entire Township different from storm sewer projects in urban areas.
Brett Pollock on behalf of Sandy Pollock 95-2 Bruce Beach Road - Noted
concerns with the work on the ravine and requested that the ravine be
taken out of the report until the outlet has been settled and requested
information on the appeal process as related to the design. Commented
that it might be an option to straighten the ravine.
Page 9 of 57
Mr. Brickman explained that the appeal period for the design to the
Tribunal is a time-limit based on the mailing of the provisional By-Law (40
days) forms available from OMAFRA on the process.
5.2.1 Bruce Beach Municipal Drain Phase 1 Report DRAIN2021-07-13
Resolution No.: 510
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
That the Township of Huron-Kinloss Council hereby approves
Report Number DRAIN 2021-07-13 prepared by Grant Collins,
Drainage Superintendent AND accepts the Bruce Beach Municipal
Drain Phase 1 report prepared by Headway Engineering AND
FURTHER authorizes provisional approval on tonight’s
agenda AND FUTHER approves the Court of Revision to take
place on Monday August 9, 2021 at 7:30 p.m.
Carried
6. Financial Reports
6.1 June 2021 Accounts TR2021-07-53
Resolution No.: 511
Moved by: Jim Hanna
Seconded by: Lillian Abbott
That Township of Huron-Kinloss Council ratifies and confirms payment of
the June 2021 accounts in the amount of $3,608,146.65.
Carried
6.2 Revenue and Expenditure Reports to June 30, 2021 TR2021-07-54
Resolution No.: 512
Moved by: Carl Sloetjes
Seconded by: Jim Hanna
Page 10 of 57
That Township of Huron-Kinloss Council hereby reviews and receives the
summary revenue and expenditure reports to June 30, 2021 prepared by
Jodi MacArthur, Treasurer.
Carried
6.3 July 2021 Accounts TR2021-07-55
Resolution No.: 513
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
That the Township of Huron-Kinloss Council hereby authorizes payment of
the July 2021 accounts in the amount of $637,517.89
Carried
7. Staff Reports
7.1 Municipal Drain Improvement Request – Sutton Drain DRAIN2021-07-
12
Don Murray declared a conflict on this item. (Family Member)
Deputy Mayor Murray left the meeting, Councillor Hanna assumed the
Chair.
Resolution No.: 514
Moved by: Lillian Abbott
Seconded by: Carl Sloetjes
That the Township of Huron-Kinloss Council hereby approves Report
Number DRAIN 2021-07-12 prepared by Grant Collins, Drainage
Superintendent AND accepts the request of Mr. Rick Smith for an
improvement to the Sutton Municipal drain AND further appoints Steve
Brickman of Headway Engineering Limited to undertake the project and
provide a resolution.
Carried
Page 11 of 57
7.2 Emergency Management Update (22) CLK2021-07-85
Deputy Mayor Murray returned to the meeting and resumed the Chair.
Resolution No.: 515
Moved by: Jim Hanna
Seconded by: Ed McGugan
That the Township of Huron-Kinloss Council hereby receives for
information Report Number CLK-2021-07-85 prepared by Emily Dance,
Clerk
Carried
7.3 Information on the Table CLK2021-07-86
Resolution No.: 516
Moved by: Carl Sloetjes
Seconded by: Lillian Abbott
That the Township of Huron-Kinloss Council hereby receives for
information Report Number CLK-2021-07-86 prepared by Kelly Lush,
Deputy Clerk
Carried
7.4 Pine River Water Monitoring Reports June 2021 CLK2021-07-89
Resolution No.: 517
Moved by: Lillian Abbott
Seconded by: Jim Hanna
That the Township of Huron-Kinloss Council hereby receives for
information Report Number CLK-2021-07-89 prepared by Kelly Lush,
Deputy Clerk/Administrative Assistant.
Carried
8. Correspondence Requiring Direction
Page 12 of 57
8.1 Bruce Beach Cottagers Association Annual General Meeting
Council directed the Clerk to thank the Bruce Beach Cottagers
Association; however, with Council meeting still meeting virtually due to
the pandemic they felt that it would not be appropriate to attend an in-
person meeting at this time.
9. By-Laws and Agreements
9.1 By-Law No. 2021-76 being the Vacant Unit Rebate Opt Out By-Law
Resolution No.: 518
Moved by: Carl Sloetjes
Seconded by: Lillian Abbott
THAT By-Law No. 2021-76 being the Vacant Unit Rebate Opt Out By-Law
be read a first, second, third time and finally passed this 19th day of July,
2021.
Carried
9.2 By-Law No. 2021-77 being the Whitechurch Hall Demolition Tender
By-Law
Resolution No.: 519
Moved by: Lillian Abbott
Seconded by: Jim Hanna
THAT By-Law No. 2021-77 being the Whitechurch Hall Demolition Tender
By-Law be read a first, second, third time and finally passed this 19th day
of July, 2021
Carried
9.3 By-Law No. 2021-78 being the Lighthouse Webcam MOU By-Law
Resolution No.: 520
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
Page 13 of 57
THAT By-Law No. 2021-78 being the Lighthouse Webcam MOU By-Law
be read a first, second, third time and finally passed this 19th day of July,
2021
Carried
9.4 By-Law No. 2021-79 being the Zoning Amendment By-law – DeJong
Z-2021-035
Resolution No.: 521
Moved by: Jim Hanna
Seconded by: Lillian Abbott
THAT By-Law No. 2021-79 being the Zoning Amendment Dejong By-Law
be read a first, second, third time and finally passed this 19th day of July,
2021
Carried
9.5 By-Law No. 2021-80 being the Zoning Amendment By-law – Rick
Smith Farms Limited Z-2021-010
Don Murray declared a conflict on this item. (Family Member)
Deputy Mayor Murray left the meeting, Councillor Hanna assumed the
Chair.
Resolution No.: 522
Moved by: Ed McGugan
Seconded by: Lillian Abbott
THAT By-Law No. 2021-80 being the Rick Smith Farms Limited By-Law
be read a first, second, third time and finally passed this 19th day of July,
2021.
Carried
9.6 By-Law No. 2021-81 being the Zoning Amendment By-law – Courtney
Z-2021-051
Page 14 of 57
Deputy Mayor Murray returned to the meeting and resumed the Chair.
Resolution No.: 523
Moved by: Carl Sloetjes
Seconded by: Lillian Abbott
THAT By-Law No. 2021-81 being the Courtney Zoning By-Law
Amendment be read a first, second, third time and finally passed this 19th
day of July, 2021.
Carried
9.7 BY-Law No. 2021-82 being the Collection of Capital Charges By-Law
Resolution No.: 524
Moved by: Lillian Abbott
Seconded by: Jim Hanna
THAT By-Law No. 2021-82 being the Collection of Capital Charges By-
Law be read a first, second, third time and finally passed this 19th day of
July, 2021
Carried
9.8 By-Law No. 2021-83 being the FCM Vehicle Based Roads/Sidewalks
Assessment and Asset Management Software Grant Agreement By-
Law
Resolution No.: 525
Moved by: Jim Hanna
Seconded by: Ed McGugan
THAT By-Law No. 2021-83 being the FCM Vehicle Based
Roads/Sidewalks Assessment and Asset Management Software Grant
Agreement By-Law be read a first, second, third time and finally passed
this 19th day of July, 2021
Carried
Page 15 of 57
9.9 By-Law No. 2021-84 being the MacDonald Municipal Drain 2021 By-
Law
Resolution No.: 526
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
THAT By-Law No. 2021-84 being the MacDonald Municipal Drain 2021
By-Law be read a first and second time, and provisionally passed this 19th
day of July, 2021.
Carried
9.10 By-Law No. 2021-85 being the Bruce Beach Drain Phase 1 By-Law
Resolution No.: 527
Moved by: Lillian Abbott
Seconded by: Jeff Elliott
THAT By-Law No. 2021-85 being the Bruce Beach Drain Phase 1 By-Law
be read a first and second time and provisionally passed this 19th day of
July, 2021
Carried
10. Information
10.1 Grey Bruce Public Health Correspondence
10.2 Community Schools Alliance Correspondence
10.3 Motion to Receive
Resolution No.: 528
Moved by: Ed McGugan
Seconded by: Lillian Abbott
THAT the Township of Huron-Kinloss Council hereby receives all items
listed in Section 10.
Page 16 of 57
Carried
11. Township Committee Minutes Received
12. Other Agency Minutes and Reports Received
12.1 Municipal Innovation Council
12.2 Saugeen Valley Conservation Authority
12.3 Saugeen Mobility and Regional Transit
12.4 Motion to Receive Other Agency Minutes
Resolution No.: 529
Moved by: Carl Sloetjes
Seconded by: Jim Hanna
THAT the Township of Huron-Kinloss Council hereby receives all items
listed in Section 12.
Carried
13. New Business/Council Reports
No new business was noted.
14. Closed Session
Councillor Hanna left the meeting.
Resolution No.: 530
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
That the Township of Huron-Kinloss Council hereby moves into a Closed
Meeting pursuant to [s. 239(2)(f)] Advice that is subject to solicitor-client privilege,
including communications necessary for that purpose – Human Habitation and
Contravention to the Zoning By-Law AND FURTHER return to open session
upon completion.
Carried
Page 17 of 57
15. Business Arising from the Closed Session
Resolution No.: 535
Moved by: Ed McGugan
Seconded by: Lillian Abbott
THAT Deputy Mayor Murray reported a closed meeting was held where advice
that is subject to solicitor-client privilege regarding Human Habitation and
Contravention to the Zoning By-Law was discussed and direction was given to
staff.
Carried
16. Confirming By-Law
16.1 By-Law No. 2021-86 being the July 2021 Confirmatory By-Law (2)
Resolution No.: 536
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
THAT By-Law No. 2021-86 being the July 2021 Confirmatory By-Law (2)
be read a first, second, third time and finally passed this 19th day of July,
2021.
Carried
17. Adjournment
Resolution No.: 537
Moved by: Ed McGugan
Seconded by: Lillian Abbott
THAT the Township of Huron-Kinloss Council hereby adjourns at 9:50 p.m.
Carried
Page 18 of 57
The Corporation of the Township of Huron-Kinloss
Committee of the Whole Meeting Minutes
Date:
Time:
Location:
August 4, 2021
7:00 pm
Electronic Meeting
Members Present Mitch Twolan, Mayor, left at 8:01 pm, returned at 8:19 pm
Don Murray, Deputy Mayor
Lillian Abbott, Councillor
Jeff Elliott, Councillor
Jim Hanna, Councillor
Ed McGugan, Councillor
Carl Sloetjes, Councillor
Staff Present Mary Rose Walden, Chief Administrative Officer
Emily Dance, Clerk
Jodi MacArthur, Treasurer
John Yungblut, Director of Public Works
Mike Fair, Director of Community Services
Matt Farrell, Building & Planning Manager/ CBO
_____________________________________________________________________
1. Call to Order
Mayor Twolan called the meeting to order at 7:00 p.m.
2. Disclosure of Pecuniary Interest
Mayor Twolan declared a conflict of interest on an item in Closed Session,
reason not required in open minutes. Mayor Twolan left the meeting when the
item was discussed.
Councillor Hanna declared a conflict of interest on an item in Closed Session,
reason not required in open minutes. Councillor Hanna left the meeting when the
item was discussed.
3. Closed Session
Page 20 of 57
Resolution No.: 537
Moved by: Don Murray
Seconded by: Lillian Abbott
That the Township of Huron-Kinloss Committee of the Whole hereby moves into
a Closed Meeting pursuant to [s. 239(2)(d)] Labour relations or employee
negotiations- Salary Review, [s. 239(2)(f)] Advice that is subject to solicitor-client
privilege, including communications necessary for that purpose (2 items)-
Provincial Offences Act, and Insurance Claim AND [s. 239(2)(k)]. A position,
plan, procedure, criteria, or instruction to be applied to negotiations - LPAT
appeal 438 Ross Street
Carried
4. Business Arising from the Closed Session
The motion was discussed following the staff reports.
Resolution No.: 544
Moved by: Jeff Elliott
Seconded by: Jim Hanna
That Mayor Twolan reported a Closed Meeting was held and information was
received and direction given to staff regarding Labour relations or employee
negotiations- Salary Review and direction given to staff regarding advice that is
subject to solicitor-client privilege Provincial Offences Act, and an Insurance
Claim AND FURTHER direction was given to staff regarding the LPAT appeal
438 Ross Street.
Carried
5. Delegations
6. Staff Reports
6.1 July 2021 Monthly Building Report BLDG-2021-08-20
Resolution No.: 545
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
Page 21 of 57
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number BLDG2021-08-20 prepared by
Matt Farrell, Building and Planning Manager/CBO
Carried
6.2 Shed On Public Land Update Report BLDG-2021-08-21
Resolution No.: 546
Moved by: Lillian Abbott
Seconded by: Carl Sloetjes
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number BLDG-2021-08-21 prepared by
Matt Farrell, Manager of Building and Planning/CBO
Carried
6.3 July 2021 Staff Report BLE-2021-08-12
Resolution No.: 547
Moved by: Jeff Elliott
Seconded by: Jim Hanna
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number BLE-2021-08-12 prepared by
Heather Falconer, By-Law Enforcement Officer.
Carried
6.4 Feeding of Wildlife and Feral Animals BLE-2021-08-13
Resolution No.: 548
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
That the Township of Huron-Kinloss Committee of the Whole hereby
approves Report Number BLE-2021-08-13 prepared by Heather Falconer,
By-Law Enforcement Officer and authorizes the bringing forward of the
Feeding of Wildlife and Feral Animals By-Law Draft for approval.
Page 22 of 57
Carried
6.5 Black Creek Municipal Drain Engineer Appointment DRAIN-2021-08-
15
Resolution No.: 549
Moved by: Jeff Elliott
Seconded by: Lillian Abbott
THAT the Township of Huron-Kinloss Committee of the Whole hereby
approves report No. DRAIN-2021-08-15 prepared by Emily Dance, Clerk
AND in accordance with Section 8 of the Drainage Act transfers the
appointment of the Black Creek Municipal Petition from Dietrich
Engineering Limited to R.J. Burnside & Associates Ltd. to prepare
drainage reports under Section 4 of the Drainage Act.
Carried
6.6 Investing in Canada Infrastructure Program – Green Stream 2021
Intake TR-2021-08-56
Resolution No.: 550
Moved by: Jeff Elliott
Seconded by: Jim Hanna
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number TR-2021-08-56 prepared by Jodi
MacArthur, Treasurer and authorizes an application to the Investing in
Canada Infrastructure Program – Green Stream 2021 Intake for the
Lucknow Standpipe Replacement.
Carried
6.7 Banking Services – Ripley Branch Closure TR-2021-8-57
Resolution No.: 551
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
Page 23 of 57
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number TR-2021-08-57 prepared by Jodi
MacArthur, Treasurer.
Carried
6.8 CS – Community Services Programming – August 2021 CS-2021-08-
38
Resolution No.: 552
Moved by: Don Murray
Seconded by: Lillian Abbott
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number CS-2021-08-38, prepared by
Maggie Young Program Coordinator & Administration.
Carried
6.9 Parks and Facilities Update – August 2021 CS-2021-08-40
Resolution No.: 553
Moved by: Jeff Elliott
Seconded by: Jim Hanna
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number CS-2021-07-35 prepared by Matt
McClinchey, Parks and Facilities Supervisor.
Carried
6.10 Climate Change Advancing Adaptation Project CS-2021-08-41
Resolution No.: 554
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
That the Township of Huron-Kinloss Committee of the Whole hereby
approves Report Number CS2021-08-41 prepared by Mike Fair, Director
of Community Services AND authorizes participation in the Climate
Change Advancing Adaptation Project.
Page 24 of 57
Carried
6.11 Ash Tree Green Space Management Plan CS-2021-08-42
Resolution No.: 555
Moved by: Don Murray
Seconded by: Lillian Abbott
That the Township of Huron-Kinloss Committee of the Whole hereby
approves Report Number CS2021-08-42 prepared by Mike Fair, Director
of Community Services and authorizes staff to request quotes for Ash tree
removal.
Carried
6.12 Floating Surface Aerators August 2021PW-2021-08-60
Resolution No.: 556
Moved by: Jeff Elliott
Seconded by: Jim Hanna
That the Township of Huron-Kinloss Committee of the Whole hereby
approves Report Number PW2021-08-60 prepared by John Yungblut,
Director of Public Works AND approves the quotation from H2Flow
Equipment Inc. in the amount of $29,500.00 plus HST for the purchase of
two (2) floating surface aerators, AND FURTHER authorizes the
appropriate by-law come forward.
Carried
6.13 Water/Wastewater August 2021 PW-2021-08-61
Resolution No.: 557
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
THAT the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report No. PW-2021-08-61, prepared by John
Yungblut, Director of Public Works
Carried
Page 25 of 57
6.14 Speeding on Township Roads PW-2021-08-62
Resolution No.: 558
Moved by: Don Murray
Seconded by: Lillian Abbott
THAT the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report No. PW-2021-08-62, prepared by John
Yungblut, Director of Public Works
Carried
6.15 Transportation August 2021 PW-2021-08-63
Resolution No.: 559
Moved by: Jeff Elliott
Seconded by: Jim Hanna
THAT the Township of Huron-Kinloss Committee of the Whole hereby
receives for information, Report Number PW-2021-08-63, prepared by
John Yungblut, Director of Public Works.
Carried
6.16 August 2021 Community Development Officer Status Report BED-
2021-08-33
Resolution No.: 560
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
THAT the Township of Huron-Kinloss Committee of the Whole hereby
receives for information report number BED-2021-08-33, prepared by
Michelle Goetz, Community Development Officer.
Carried
6.17 July 2021 The Hub Status Report BED-2021-08-34
Resolution No.: 561
Moved by: Don Murray
Seconded by: Lillian Abbott
Page 26 of 57
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number BED-2021-08-34 prepared by
Lauren Eby, Business Development Coordinator.
Carried
6.18 July 2021 Project Update BED-2021-08-35
Resolution No.: 562
Moved by: Jeff Elliott
Seconded by: Jim Hanna
THAT the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number BED-2021-08-35 prepared by
Taralyn Cronin, Business and Economic Officer.
Carried
6.19 NWMO Site Selection August Status Update CAO-2021-08-23
Resolution No.: 563
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number CAO-2021-08-23, prepared by
Elyse Dewar, Project Coordinator.
Carried
6.20 Golf Cart Pilot Update (6) CLK-2021-08-90
Resolution No.: 564
Moved by: Don Murray
Seconded by: Lillian Abbott
THAT the Township of Huron-Kinloss Committee of the Whole hereby
approves Report No. CLK-2021-08-90 prepared by Emily Dance, Clerk
AND authorizes participation in the Golf Cart Pilot as per the Province of
Ontario Pilot Project - Golf Cars Regulations AND FURTHER approves a
yearly registration fee of $50.00 AND FURTHER authorize the appropriate
By-Laws coming forward.
Page 27 of 57
Carried
6.21 Noise Exemption Request – 21 Railway Street, Ripley CLK-2021-08-
92
Resolution No.: 565
Moved by: Jeff Elliott
Seconded by: Jim Hanna
That the Township of Huron-Kinloss Committee of the Whole hereby
approves Report CLK2021-08-92 prepared by Kelly Lush, Deputy Clerk
AND grants an exemption to the Noise By-Law for the Private Property
owner at 21 Railway Street, Ripley from 11:00 p.m. on Saturday, August
28, 2021, to 1:00 a.m. on Sunday, August 29, 2021, subject to an
approved COVID Safety Plan, all other COVID protocols and regulations
are followed AND THAT the exemption may be revoked due to the
COVID-19 pandemic.
Carried
6.22 Close Part of Havelock Street Plan 43 CLK-2021-08-93
Resolution No.: 566
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
THAT the Township of Huron-Kinloss Committee of the Whole hereby
approves Report No. CLK-2021-08-93 prepared by Emily Dance, Clerk
AND authorizes closing Part 8 3R-4334 (Part of Havelock Street,
Lucknow) AND FURTHER authorize the Mayor and Clerk to sign any
necessary documentation AND FURTHER approve the appropriate By-
Law coming forward.
Carried
6.23 Resolutions for Consideration August 4, 2021CLK-2021-08-95
Resolution No.: 567
Moved by: Don Murray
Seconded by: Lillian Abbott
Page 28 of 57
THAT the Township of Huron-Kinloss Committee of the Whole hereby
supports Chatham Kent and the City of Kitchener in endorsing MP Peter
Julian’s private member’s motion, Motion M-84 Anti-Hate Crimes and
Incidents and his private member’s bill, Bill-C 313 Banning Symbols of
Hate Act AND directs Staff to circulate as appropriate.
Carried
Resolution No.: 568
Moved by: Jeff Elliott
Seconded by: Jim Hanna
THAT the Township of Huron-Kinloss Committee of the Whole support the
Town of Cobourg in their request for Bill C-6, being an act to amend the
Criminal Code of Canada (Conversion Therapy) as it has been presented
without any amendments AND directs Staff to circulate as appropriate.
Defeated
Resolution No.: 569
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
THAT the Township of Huron-Kinloss Committee of the Whole support
City of Kitchener in their advocacy to the Federal and Provincial
Governments to review actions that could be taken to help mitigate or
offset the impacts related to the rising cost of building materials AND
direct Staff to circulate as appropriate.
Defeated
Resolution No.: 570
Moved by: Don Murray
Seconded by: Lillian Abbott
THAT the Township of Huron-Kinloss Committee of the Whole support the
City of Stratford in their appeal to the Government of Ontario to
immediately take steps to replace gas powered electrical generation with
Page 29 of 57
non-carbon based sustainable alternatives AND direct Staff to circulate as
appropriate.
Defeated
Resolution No.: 571
Moved by: Jeff Elliott
Seconded by: Jim Hanna
THAT the Township of Huron-Kinloss Committee of the Whole supports
the City of Mississauga in their call upon the Government of Canada to
terminate its appeal of the 2019 Human Rights Tribunal Ruling, ordering
Ottawa to pay compensation to First Nations Children and their families,
separated in a chronically underfunded child welfare system that sees
Indigenous children making up more than half the children in foster care
even though they comprise only 7% of all the children under the age of 15
in Canada AND further directs Staff to circulate as appropriate.
Carried
Resolution No.: 572
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
THAT the Township of Huron-Kinloss Committee of the Whole supports
the Town of Cochrane and the town of Plympton-Wyoming in their request
for the Federal and Provincial Governments to have the prostate blood
test (PSA test) be included in the national health care system AND directs
Staff to circulate as appropriate.
Carried
Resolution No.: 573
Moved by: Don Murray
Seconded by: Lillian Abbott
THAT the Township of Huron-Kinloss Committee of the Whole supports
the City of Vaughan in their request to raise the legal age for a licensed
driver from 16 to 18 AND directs Staff to circulate as appropriate.
Page 30 of 57
Defeated
Resolution No.: 574
Moved by: Jeff Elliott
Seconded by: Jim Hanna
THAT the Township of Huron-Kinloss Committee of the Whole supports
the City of Woodstock in their request to the Province and the Ministry of
the Attorney General, the Ministry of Health, the Ministry of Municipal
Affairs and Housing, and the Ministry of Children, Community and Social
Services to immediately work together on both short and long term
solutions, complete with funding, to take proper responsibility and action to
address the affordable housing, homelessness, and addictions crisis AND
directs Staff to circulate as appropriate.
Defeated
6.24 Legislative Update – August 2021CLK-2021-08-96
Resolution No.: 575
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
THAT the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report No. CLK-2021-08-96 prepared by Emily
Dance, Clerk
Carried
6.25 Emergency Management Update (23) CLK-2021-08-91
Resolution No.: 576
Moved by: Don Murray
Seconded by: Lillian Abbott
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number CLK-2021-08-91 prepared by
Emily Dance, Clerk
Carried
Page 31 of 57
6.26 Information on the Table August 4, 2021 CLK2021-08-94
Resolution No.: 577
Moved by: Jeff Elliott
Seconded by: Jim Hanna
That the Township of Huron-Kinloss Committee of the Whole hereby
receives for information Report Number CLK-2021-08-94 prepared by
Kelly Lush, Deputy Clerk/Administrative Assistant.
Carried
7. Information
7.1 21st Annual Child Care Worker and Early Childhood Educator
Appreciation Day
7.2 Grey Bruce Public Health Correspondence
7.3 Crime Stoppers of Grey Bruce Q2 Report
7.4 Wingham and District Hospital Foundation Annual Report
7.5 Motion to Receive
Resolution No.: 578
Moved by: Ed McGugan
Seconded by: Carl Sloetjes
THAT the Township of Huron-Kinloss Committee of the Whole hereby
receives for information all items listed in Section 7.
Carried
8. New Business/Council Reports
No updates reported.
9. Adjournment
Resolution No.: 579
Moved by: Don Murray
Seconded by: Lillian Abbott
Page 32 of 57
THAT the Township of Huron-Kinloss Committee of the Whole hereby adjourns
at 9:09 pm
Carried
_________________________
Mayor
_________________________
Clerk
Page 33 of 57
Planning Report To: Township of Huron-Kinloss Council
From: Coreena Smith, Senior Development Planner
Date: August 9, 2021
Re: Zoning By-law Amendment – Z-2021-028 (Farrell)
Recommendation:
Subject to a review of submissions arising from the public meeting:
That a decision on Zoning By-law Amendment Z-2021-028 be deferred to a later date.
Summary:
The purpose of this application is to permit a surplus farm dwelling severance of a +/-0.79 ha lot from a 63.82 ha agricultural parcel at 952 Highway 21 (Huron), in the Township of Huron-Kinloss. An amendment to the Zoning By-Law is required to rezone the lands from General Agriculture (AG1) to General Agriculture Special (AG1-25.1) for the retained farm parcel to prevent development of a future dwelling, and Agricultural Residential Special (AG3-25.2) for the severed non-farm parcel. A holding provision requiring an Archaeological Assessment for the lands containing high archaeological potential is proposed. The Environmental Protection (EP) zone will remain unchanged.
County staff are recommending that a decision on the application be deferred to a later date pending confirmation from the applicant that the single detached dwelling on the subject lands is habitable.
A related Consent application (File B-2021-036) will be considered by the County at a later.
The subject lands are situated southeast of Highway 21 and Concession 10.
Page 34 of 57
Planning Analysis:
The following section provides an overview of the planning considerations that were factored into the staff recommendation for this application, including relevant agency comments (attached) and planning policy sections.
Surplus Farm Dwelling Severance
The lands are in a prime agricultural area. The Provincial Policy Statement (PPS) restricts severances in prime agricultural areas to limit the impacts to agricultural operations. Lot creation in prime agricultural areas is only permitted in the following circumstances:
• For agricultural uses; • For agricultural related uses; • For a dwelling surplus to a farming operation; and, • For infrastructure.
Further, the PPS states that the surplus residential lots are to be limited in size to accommodate water and sewage, and that new residential dwellings be prohibited on the larger farm parcel (retained lands).
The County Official Plan establishes criteria for agricultural severances in addition to the PPS policies. The lands are primarily designated Agricultural Areas, which permits the severance of a surplus farm dwelling subject to the criteria below:
• The applicant must be a bona fide farmer; • The farmer must own and farm the subject lands; • They must own and farm other lands; • They must reside elsewhere; • The dwelling must be habitable; and, • Minimal active farmland should be removed from agricultural production.
The applicant meets the definition of a bona fide farmer. They own multiple properties in the area for agricultural purposes. The existing dwelling on the subject lands is surplus to their needs.
The lands to be severed are also limited in size to accommodate the residence, a garage, a well and the existing sewage disposal system. As little land as possible is to be removed from the agricultural area.
The proposal meets all the criteria established in the PPS and County Official Plan for agricultural severances, except for the habitability of the dwelling which is discussed below.
Habitable Dwelling
The only kind of residential severance allowed under the PPS is a surplus farm dwelling severance. The County Official Plan requires the existing surplus dwelling to be habitable at
Page 37 of 57
the time of application. The intent of the policies is to maintain the viability of agricultural system by ensuring that all lands available for agricultural production are maintained for that purpose, while allowing farm operators the ability to dispose of viable residential dwellings that they do not require for themselves or their farm help. It also allows famers an option to sell rather than renting such dwellings, which many do not have the time or interest in pursuing.
The policies have the added benefit of allowing an alternative housing option for potential purchasers who may be seeking a more rural lifestyle. The policies also align with the Ontario Building Code requirements, which seek to ensure that the dwelling to be severed is suitable for human habitation.
Based on separate site visits conducted by County and Township staff, the existing yellow brick farmhouse is not occupied and is in need repairs. The extent of repairs that would be needed to make it habitable per the Ontario Building Code is not known as a full assessment of both the exterior and interior of the structure has not been completed. Given this uncertainty, it cannot be confirmed that the house is habitable or easily made habitable and thus eligible for severance. Should the house not be habitable, approval of the Zoning By-law Amendment and related Consent would facilitate the severance of a vacant lot which is contrary to the intent of the policies. In addition, the house is not currently connected to hydro but there is a connection available. There is also an existing well and septic system available. B.M. Ross and Associates Limited, who are the Township’s agent for administration of the Sewage Systems under the Ontario Building Code, have advised that the septic system was last inspected in 2015 and was given a high-age rating at that time. Township staff have asked that a septic re-inspection be conducted or the intent for a new septic system be provided by the applicant. Staff have also asked that written verification be provided that the well(s) are in use or proof of wellhead decommissioning be provided from a qualified well driller. These comments related to the well and septic system need to be addressed now or may be considered as conditions on the related Consent file once it is confirmed that the structure is otherwise habitable. For the above reasons, County staff is recommending that a decision on the application be deferred to a later date. Required Zoning By-law Amendment
An amendment to the Zoning By-law is required in order to facilitate the severance. Once issues relating to the status of the dwelling are confirmed, the following amendments to the Township Comprehensive Zoning By-law are proposed. A draft zoning by-law amendment and schedule will be provided by the County staff at a later date.
The proposed retained farm parcel will be rezoned from General Agriculture (AG1) to General Agriculture Special (AG1-25.1) and General Agriculture Special with Holding (AG1-25.1-H1) which prohibits a detached dwelling. A holding provision is proposed on a portion of the retained lands containing high archaeological potential given their proximity to a
Page 38 of 57
watercourse southeast of the property. Site alteration and development on those lands is not permitted until an Archaeological Assessment has been prepared and accepted into the Ontario Public Register of Archaeological Reports and it has been confirmed that any recommendations of the assessment (if any) have been implemented. Regular farm practices can continue on those lands.
The proposed severed non-farm parcel will be rezoned from General Agriculture (AG1) to Agricultural Residential Special (AG3-25.2).
Based on the special provisions in the Zoning By-law, both parcels shall be deemed to comply with the minimum lot area and lot frontage provisions of their respective zones. Permitted and legally established existing buildings or structures or driveways shall also be deemed to comply with any applicable zone provisions (e.g., setbacks) as per the Non-Complying Uses provisions of the Zoning By-law. It should be noted that the existing drive shed will be removed, and grain bin(s) relocated to comply with the Zoning By-law provisions.
The Environmental Protection (EP) zone will remain unchanged.
Appendices
• County Official Plan Map • Local Zoning Map • List of Supporting Documents and Studies • Agency Comments • Public Notice
Page 39 of 57
County Official Plan Map (Designated Agricultural Areas and Hazard Land Areas)
Local Zoning Map (Zoned AG1 - General Agriculture and EP - Environmental Protection)
List of Supporting Documents and Studies:
• Justification Letter. • Surplus Farm Dwelling Severance Information Sheet.
Page 40 of 57
Agency Comments:
Township of Huron-Kinloss:
1. The Township requests that the Owner provide written verification to the Clerk of septic re-inspection or intent for a new septic system for both the severed and retained parcel.
2. The Township requests that the Owner provide written verification to the Clerk that the wells are in use or proof of wellhead decommissioning be provided from a qualified well driller.
Comment: Comments 1 and 2 can be addressed now or as conditions on the Consent application (File B-2021-036). However, based on subsequent conversations between the County and Township staff, it has been determined that the current single detached dwelling is in need of repair. It is unknown at this time the extent of work that needs to be done to bring it to a habitable state per the Ontario Building Code. As such, it is recommended that a decision on the planning applications be deferred to a later date to allow time to address this comment. Hydro One Networks Inc.: No comments or concerns at this time. This preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’, the applicant must consult the local area Distribution Supplier.
Rick Management Official (Source Water): The Risk Management Official at the Ausable Bayfield Conservation Authority reviewed the proposed application as it relates to drinking water source protection and the Clean Water Act. The subject property is located within zone D of the Wellhead Protection Area (WHPA-D) for the Murdock Glen Municipal Drinking Water Supply, as identified in the Saugeen Source Protection Plan (SPP). Zone D is the 25-year time-of-travel delineated for the Murdock Glen well. There are no binding SPP policies or restrictions related to properties in WHPA-D; the subject land is not identified as ‘Restricted Land Use’ so a Notice under section 59 of the Clean Water Act is not required for this application. The policies of the SPP regulate activities in order to protect sources of municipal drinking water. While the local Source Protection Plan does not contain binding policies that address activities in WHPA Zone D, these areas are still considered vulnerable, and it is important to protect them. This can be accomplished using best management practices. Bruce-Grey Catholic District School Board: No comments. B.M. Ross and Associates Limited for the Township of Huron-Kinloss (attached): No objections. Saugeen Valley Conservation Authority (attached): The proposed application is acceptable.
Page 41 of 57
(EMAILED)
August 3, 2021 County of Bruce Planning and Development 30 Park Street P.O. Box 848 Walkerton, ON N0G 2V0
Attention: Candace Hamm
Dear Ms. Hamm
Re: File: B-2021-036, Z-2021-029 952 Highway 21 Con 9 W PT Lot 34 Pt Lot 35 Farrell, Ross (Owner) Township of Huron-Kinloss (Geographic Township of Huron)
We received the above mentioned “Request for Agency Comment” on July 13, 2021. As the Township of Huron-Kinloss’ agent for administration of the Ontario Building Code (OBC), Part 8, Sewage Systems we appreciate the opportunity to comment on this application.
The application was submitted to facilitate severance of a surplus farm dwelling from a 63.82 ha parcel at 952 Highway 21. The application also requires an amendment to the Zoning By-Law to rezone the severed and retained lots.
The application has been reviewed by OBC Part 8 Inspector Dave Bell (BCIN# 34600). We note that the septic system was inspected in 2015. The system was given a High-Age rating at the time. Currently the system is noted as being abandoned. The proposed severance has sufficient space to accommodate the existing septic system, or a new system if required, and the required setbacks.
We have no objections to this proposal.
Yours very truly
B. M. ROSS AND ASSOCIATES LIMITED
Per _______________________________
Lisa J. Courtney, M.Sc. R.P.P, M.C.I.P Environmental Planner
cc. Matt Farrell, Chief Building Official, Township of Huron-Kinloss
File No. 11187
B. M. ROSS AND ASSOCIATES LIMITEDEngineers and Planners62 North Street, Goderich, ON N7A 2T4p. (519) 524-2641www.bmross.net
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1078 Bruce Road 12, P.O. Box 150, Formosa ON Canada N0G 1W0 Tel 519-367-3040, Fax 519-367-3041, publicinfo@svca.on.ca, www.svca.on.ca
Watershed Member Municipalities
Municipality of Arran-Elderslie, Municipality of Brockton, Township of Chatsworth, Municipality of Grey Highlands, Town of Hanover, Township of Howick, Municipality of Morris-Turnberry, Municipality of South Bruce, Township of Huron-Kinloss, Municipality of Kincardine, Town of Minto, Township of Wellington North,
Town of Saugeen Shores, Township of Southgate, Municipality of West Grey
SENT ELECTRONICALLY ONLY: CJSmith@brucecounty.on.ca and bcplwa@brucecounty.on.ca
July 25, 2021
County of Bruce Planning & Development Department 30 Park Street Walkerton, Ontario N0G 2V0
ATTENTION: Coreena Smith, Planner
Dear Ms. Smith, RE: Proposed Zoning By-law Amendment Z-2021-029 and Consent B-2021-036 (Farrell)
952 Highway 21 West Part Lot 34 Part Lot 35 Concession 9 Roll Number: 410716000304100 Geographic Township of Huron Township of Huron-Kinloss
Saugeen Valley Conservation Authority (SVCA) staff has reviewed the above-noted applications as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 169/06 (SVCA’s Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Regulation). SVCA staff has also provided comments as per our Memorandum of Agreement (MOA), dated September 2019, with the County of Bruce representing natural hazards, natural heritage, and water resources; and the applications have also been reviewed through our role as a public body under the Planning Act as per our Conservation Authority Member approved Environmental Planning and Regulations Policies Manual, amended October 16, 2018. Purpose The purpose of this applications are to permit a surplus farm dwelling severance of a +/-0.79 hectare (ha) lot from a 63.82 ha agricultural parcel. An amendment to the Zoning By-Law is required to facilitate the severance. Recommendation The proposed applications are acceptable to SVCA staff. Delegated Responsibility and Advisory Comments SVCA staff has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020). We have also reviewed the applications through our responsibilities as a service provider to the County of Bruce in that we provide expert advice and technical clearance on Planning Act applications with regards
Page 43 of 57
County of Bruce Planning & Development Department Z-2021-029 and B-2021-036 (Farrell)July 25, 2021Page 2 of 4
to natural hazards, natural heritage, and water resources as set out in the PPS, 2020, County Official Plan (OP) and/or local official plans. Comments below only include features/technical requirements affecting the property.
Natural Hazards:
The natural hazard features affecting the property include any flood and erosion hazards of the closed/tiled drains that cross the property. It is SVCA staff’s opinion that the Hazard Lands Area designation as shown on Schedule A to the Bruce County OP and the Environmental Protection (EP) zone as shown in the Huron-Kinloss Zoning By-law, generally coincides with SVCA Hazard Lands as historically mapped by the SVCA for the property.
Provincial Policy Statement – Section 3.1
Section 3.1 of the PPS, 2020 states in part that development shall generally be directed to areas outside of: b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding and erosion hazards; and c) hazardous sites. It is the opinion of SVCA staff that the applications comply with Section 3.1. of the PPS, 2020.
County of Bruce OP Policies
Section 5.8 of the County of Bruce OP generally directs development to be located outside of Hazardous Land Area. It is the opinion of SVCA staff that the applications comply with the natural hazard policies of the Bruce County OP.
Natural Heritage:
It is the opinion of SVCA staff that the significant natural heritage features affecting the property are potentially fish habitat, and habitat of endangered species and threatened species.
Provincial Policy Statement – Section 2.1
Section 2.1 of the PPS, 2020 states in part that development shall not be permitted in fish habitat and its adjacent lands, and habitat of endangered species and threatened species, and the adjacent lands to the above referenced features, except in accordance with the specified policies found in Section 2.1.
Bruce County OP Policies
Potential Fish Habitat and its Adjacent Lands Two closed/tiled drains, namely: part of Harrison Drain, and an unnamed drain appear to cross the property. These drains are tributaries of Royal Oak Creek (also part of Royal Oak Creek Drain). Royal Oak Creek is considered fish habitat by SVCA staff, and the drains may be considered by SVCA staff, to be contributary to fish habitat. Section 4.3 of the Bruce County OP generally prohibits development within fish habitat and its adjacent lands, except in accordance with applicable policies. SVCA staff are of the opinion that the negative impacts to potential fish habitat and its adjacent lands as a result of the applications will be negligible, and SVCA staff are not recommending the preparation of an Environmental Impact Study (EIS) to address potential fish habitat at this time.
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County of Bruce Planning & Development Department Z-2021-029 and B-2021-036 (Farrell)July 25, 2021Page 3 of 4
Habitat of Endangered Species and Threatened Species Although not mapped in the Bruce County OP, it has come to the attention of SVCA staff that habitat of endangered species and threatened species may be located on and/or on lands adjacent to the properties. Section 4.3.2.7 of the Bruce County OP states in part that development will not be permitted within habitat of endangered species and threatened species, and their adjacent lands. It is the role of the SVCA to identify habitat of endangered species and threatened species through a screening process in consideration of the PPS, 2020 and local policies, however it is the responsibility of the owner/applicant to ensure the endangered species and threatened species policy referred to in the PPS, 2020 has been appropriately addressed. Please contact the Ministry of Environment, Conservation and Parks (MECP) for information on how to address this policy. MECP inquiries can be addressed to SAROntario@ontario.ca.
Statutory Comments
SVCA staff has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 169/06 (SVCA’s Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Regulation). This regulation, made under Section 28 of the Conservation Authorities Act, enables SVCA to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Subject to the CA Act, development taking place on or adjacent to these lands may require permission from SVCA to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. SVCA also regulates the alteration to or interference in any way with a watercourse or wetland.
Small areas of the property, associated with the closed/tiled drains are within the SVCA Approximate Screening Area associated with Ontario Regulation 169/06. As such, development and/or site alteration within the SVCA Approximate Screening Area may require permission from SVCA, prior to carrying out the work. For the property, the SVCA Approximate Screening Area includes the largest extent of the natural hazard features: watercourses/drains, and any floodplains, plus an offset distance from these features of 15 metres outwards from a floodplain and/or the stable valley offset from the watercourse.
“Development” as defined under the Conservation Authorities Act means:
a) the construction, reconstruction, erection or placing of a building or structure of any kind;b) any change to a building or structure that would have the effect of altering the use or potential use of the
building or structure, increasing the size of the building or structure or increasing the number of dwellingunits in the building or structure;
c) site grading; or,d) the temporary or permanent placing, dumping or removal of any material, originating on the site or
elsewhere.And;
“Alteration” as per Section 5 of Ontario Regulation 169/06 generally includes the straightening, diverting or interference in any way with a river, creek, stream or watercourse, or the changing or interfering in any way with a wetland.
To determine where the SVCA Approximate Screening Area is located associated with our Regulation on the property, please refer to the SVCA’s online mapping program, available via the SVCA’s website at http://eprweb.svca.on.ca.
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County of Bruce Planning & Development Department Z-2021-029 and B-2021-036 (Farrell) July 25, 2021 Page 4 of 4 SVCA Permission for Development or Alteration
If development or alteration including construction, reconstruction, conversion, grading, filling or excavation, including agricultural tile drainage, is proposed within the SVCA Approximate Screening Area on the property, the SVCA should be contacted, as permission may be required. Drinking Water Source Protection According to SVCA mapping, the property appears be located within an area that is subject to the local Drinking Water Source Protection Plan. To confirm, please contact the Township of Huon-Kinloss Risk Management Official Mary Lynn MacDonald at mmacdonald@abca.ca. Summary SVCA staff has reviewed the applications in accordance with our MOA with the County of Bruce, and as per our mandated responsibilities for natural hazard management, including our regulatory role under the Conservation Authorities Act. The application is acceptable to SVCA staff. Given the above comments, it is the opinion of the SVCA staff that:
1) Consistency with Section 3.1, Natural Hazard policies of the PPS, 2020 has been demonstrated; 2) Consistency with Section 2.1, Natural Heritage policies of the PPS, 2020 has been demonstrated, with
the exception of habitat of endangered species and threatened species which must be addressed by the applicant/landowner; and
3) Consistency with local planning policies for natural hazards and natural heritage has been demonstrated, with the exception of habitat of endangered species and threatened species which must be addressed by the applicant/landowner.
Please inform this office of any decision made by the Township of Huron-Kinloss and/or the County of Bruce with regards to the applications. We respectfully request to receive a copy of the decisions and notices of any appeals filed. Should you have any questions, please contact the undersigned.
Sincerely,
Michael Oberle Environmental Planning Technician Saugeen Conservation MO/ cc: Emily Dance, Clerk, Township of Huron-Kinloss (via email) Don Murray, SVCA Authority Member representing the Township of Huron-Kinloss (via email)
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County of Bruce Planning & Development Department 30 Park Street, Box 848 Walkerton, ON N0G 2V0 brucecounty.on.ca 226-909-5515
COVID-19 Notice: Bruce County Planning offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.
July 13, 2021 File Number: Z-2021-028
Public Meeting Notice You’re invited: On-line Public Meeting to consider Zoning By-law Amendment file Z-2021-028 Monday, August 9, 2021 at 7:00 pm
A change is proposed in your neighbourhood: The purpose of this application is to permit a surplus farm dwelling severance of a +/-0.79 ha lot from a 63.82 ha agricultural parcel. An amendment to the Zoning By-Law is required to facilitate the severance. The related consent file is B-2021-036.
952 HIGHWAY 21 – CON 9 W PT LOT 34 PT LOT 35 (Huron), Township of Huron-Kinloss Roll Number: 410716000304100
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Learn more You can view more information about the application at https://brucecounty.on.ca/living/land-use. Our staff would be pleased to connect with you by email (bcplwa@brucecounty.on.ca) or phone (226-909-5515). Once our offices re-open, information about 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: Coreena Smith
Have your say Comments and opinions submitted on these matters, including the originator’s name and address, become part of the public record, may be viewed by the general public and may be published in a Planning Report and Council Agenda. Before the meeting: You can submit comments by email bcplwa@brucecounty.on.ca or mail, or phone (226-909-5515) if you have any questions, concerns or objections about the application. Comments will be provided to the Committee for its consideration. On the day of and during the Public Meeting: you can speak during the online public meeting.
How to access the public meeting As a result of the COVID-19 Pandemic, the Township of Huron-Kinloss Public Meeting will be held in electronic format.
For information on how to participate in the public meeting, please visit the municipal website at: https://www.huronkinloss.com/minutes-agendas.cfm.
Details on participating in the electronic meeting will be provided when the agenda is published. Please contact the Township of Huron-Kinloss by 4:30 pm on June 14, 2021 (edance@huronkinloss.com or 519-395-3735 ext. 123) if you have any questions regarding how to participate in the meeting.
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 the Township of Huron-Kinloss to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions
COVID-19 Notice: Bruce County Planning offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.
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COVID-19 Notice: Bruce County Planning offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.
to the Bruce County Planning Department 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 Bruce County Planning Department before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. For more information please visit the Ontario Land Tribunal website at https://olt.gov.on.ca/appeals-process/.
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COVID-19 Notice: Bruce County Planning offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.
Site plan
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COVID-19 Notice: Bruce County Planning offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.
Site plan
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Variance - Letter of Application - #952 Highway 21, Ripley
Dear Mr. Matt Farrell
I and Mr. Ross Farrell would like to keep the setback that was submitted with the site plan. Our
reasoning being, that Mr. Ross plans on taking down the drive shed and move the silo infringing on the
20m setback, to a foundation which has already been poured. Moving the silo to the aforementioned
foundation would fulfill the 20m setback requested by you, the Chief Building Official. Ross plans on
having all of this completed by the end of the year.
In addition to these reasons, the water supply for the house is located on the North side of the garage
which we would require to run a fresh water supply to the house located on the property. Thank you
very much for your time, it is greatly appreciated as my wife and l are very much Iooking forward to
restoring the house back to its former glory and making it a home for us and our daughter for many
years to come.
Best regards,
Phil Dodds
@- t =;fi
RECEJ!VED
JUN i .- 2U21 lBRUCE COUN'IY
PLA':4i'iti'!G
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The Corporation of the Township of Huron-Kinloss
Staff Report
Report Title: Rees – 353 Lake Range Drive, Holding Removal Request
Prepared By: Emily Dance, Clerk
Department: Clerk
Date: Aug. 9, 2021
Report Number: CLK-2021-08-97 File Number: D14 REE-21
Attachments: Map, Survey with proposed dwelling location
Recommendation:
That the Township of Huron-Kinloss Council hereby approves Report Number
CLK2021-08-97 prepared by Emily Dance, Clerk and authorizes removing the holding
provisions from the property described as Townplot of Alma; Lot 2 West of Helena
Street AND further authorizes the appropriate by-law coming forward.
Background:
The Township of Huron-Kinloss is in receipt of a request from Austin Rees for 353
Lake Range Dr known legally as Townplot of Alma; Lot 2 West of Helena Street to
remove the holding provisions in order to construct a single detached dwelling.
The property is zoned Residential One with holding symbol ‘R1-H’ and,
Environmental Protection ‘EP’.
The Holding symbol may be removed once the conditions, as outlined in Zoning By-
law No. 2018-98, have been met which include plans being submitted and approved
by the Corporation in accordance with Section 6.6 of the Bruce County Official Plan
and Section 5.5 of the Township of Huron-Kinloss Official Plan.
Removal of the Holding symbol from the said property will permit the full range of
‘Residential One” purposes in compliance with the ‘R1’ zone.’.
Discussion:
The owner of the property has requested to remove the holding on their property to
move forward with the construction of a residence.
Township staff have reviewed the conditions to remove and are satisfied they meet
the requirements.
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As per Section 36 of the Planning Act, notice of the meeting was given to the
surrounding property owners on July 23, 2021.
There were no comments or concerns received from the neighbouring property
owners at the time of writing the report.
Financial Impacts:
As per the Township of Huron-Kinloss Consolidated Fees By-Law, a fee of $150
applies
Strategic Alignment / Link:
We are an environmentally conscious community that are good stewards of our
natural environment
Respectfully Submitted By:
Emily Dance, Clerk
Approved By:
Mary Rose Walden, Chief Administrative Officer
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© County of Bruce
0.1
THIS MAP IS NOT TO BE USED FOR NAVIGATION
NAD_1983_UTM_Zone_17N
Kilometers0.1
Notes
Legend
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable.
0.060
1: 2,500
353 Lake Range Dr
2021
Rural Community point, labelled
Ferry
Provincial Highway
County Road
Municipal or Other Road
OBM Building Location
OBM Building Footprint
Building Footprint
Propane Facility Buffer
SeveranceSevered portion
Retained portion
SubdivisionDraft Approved
Final Approved
Wellhead Protection AreaWellhead Protection Zone A
Wellhead Protection Zone B
Wellhead Protection Zone C
Wellhead Protection Zone D
Wellhead Protection Area
Wellhead Protection Area
Wellhead Protection Area
Wellhead Protection Area
Body of Water
Evaluated Wetland
WatercoursePermanent Stream
Intermittent Stream
Kincardine Airport Restriction Overlay
230
235
240
245
250
255
260
265
270
275
280
285
290Page 55 of 57
The Corporation of the Township of Huron-Kinloss
BY-LAW
2021- 87
Being a By-law to Confirm the Proceedings of the
Council of the Township of Huron-Kinloss
WHEREAS the Municipal Act S.O. 2001, c 25, Section 5(1), as amended, provides that the powers of a municipal corporation are to be exercised by its Council;
AND WHEREAS the Municipal Act S.O. 2001, c 25, Section 5(3), as amended, provides that a municipal power, including a municipality’s capacity rights, powers and privileges under Section 9; shall be exercised by By-Law;
AND WHEREAS The Council for The Corporation of the Township of Huron-Kinloss deems it expedient that the proceedings of meetings of the Council and Committee of the Whole be confirmed and adopted by By-Law;
NOW THEREFORE the Council of The Corporation of the Township of Huron-Kinloss enacts as follows:
1.0 That the actions of the Council of The Corporation of The Township of Huron-
Kinloss at its Committee of the Whole Meeting held August 4, 2021 and its Council Meeting held August 9, 2021 in respect to each report, motion, resolution or other actions recorded and taken by Council at its meetings, except where the prior approval of the Ontario Lands Tribunal is required is hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-Law.
2.0 That the Mayor and appropriate department head of the Corporation are hereby
authorized and directed to do all things necessary to give effect to the said action, of Council of the Township of Huron-Kinloss referred to in the proceeding section.
3.0 That the Mayor and Clerk are hereby authorized and directed to execute all
documents necessary on behalf of the Council and to affix the corporate seal of The Corporation of The Township of Huron-Kinloss to all such documents.
4.0 This By-Law shall come into full force and effect upon final passage.
5.0 This By-Law may be cited as the “August, 2021 Confirmatory By-Law”.
READ a FIRST and SECOND TIME this 9th day of August, 2021. READ a THIRD TIME and FINALLY PASSED this 9th day of August, 2021.
Mitch Twolan, Mayor Emily Dance, Clerk
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