Body: Council Type: By-law Meeting: Regular Date: 2013 Collection: By-laws Municipality: South Frontenac

[View Document (PDF)](/docs/south-frontenac/By-laws/2013 By-laws/2013-07 - Site Plan Agreement 1324789 Ontario Inc.pdf)

Document Text

TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2013-07

BEINGABY:LAWTOAUTHORIZ]E THE MAYOR AND THE CLERK TO EXECUTE A^REVISED SITE PLAN AGREEMENT BETWEEN~THE

CORPORATIONOF TIffi TOWNSHIP OF SOUTH FRONTENAC-AND 1324789 ONTARIO INC. AND JACO INVESTMENTS LTD.

WHEREAS a revised Site Plan Agreement has been prepared to the sadsfaction of the Township of South Frontenac and signed by the proponent;

NOW-THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:

1. THAT the Mayor and the Clerk are hereby authorized to execute a revised Site Plan Ag-eement between the Corporation of the Township of South Frontenacand 1324789 Ontario Inc. and JACO Investments Ltd., a copy of which is attached hereto and forms part of this by-law.

2. THAT this By-law and Agreement shall be registered on title of the property

described as Part Lots 23 & 24, Concessions VI & VII, Loughborough District, Township of South Frontenac.

3. THIS BY-LAW shall come into force and effect in accordance with section 41 of

the Planning Act 1990, either upon the date of passage or as otiierwise provided by the said section 41.

Dated at the Township of South Frontenac this fifth day of February, 2013. Read a first and second time this fifth day of February, 2013.

Read a third time and finally passed this fifth day of February, 2013. THE CORPORATION OF THE

TOWNS^I^^OUTm.RONTIEMAC Gary Davison, Mayor

Wavtf^

~UA

lerk-Administrator

t

THIS SITE PLAN AGREEMENT made this day of February, 2013. BETWEEN:

1324789 ONTARIO INC. & JACO INVESTMENTS LTD. heremafter called the “Owner” OF THE FIRST PART

• and -

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC hereinafter called the “Municipality” OF THE SECOND PART »..

WHEREAS the Owner is the registered owner in fee simple of certain lands described in Schedule “A”, attached hereto, located in the Township of South Frontenac (the “Owner’s Land”);

AND WHEREAS the Municipality is authorized to enter into this agreement and register it against the title to the Lands pursuant to section 41 of the Planning Act and section 6.17 of the Township of South Frontenac Official Plan;

AND WHEREAS the Municipality has passed by-law No. 2003-75 to designate all of the Township of South Frontenac as a “Site Plan Control Area”; NOW THEREFORE, TMS AGREEMENT WITNESSETH that in consideration of

the mutual covenants and agreements contained herein, the parties agree each with the other as follows:

In this Agreement: a)

“Owner” includes a mortgagee in possession, a tenant in possession pursuant to a leasehold interest, and encwnbancer in possession and may mean more than one Owner specified in the Certificate of ownership.

The Owner covenants that the Owner is the Owner m fee simple of the Owner’s land.

The obligations unposed by this Agreement affect the land described in Schedule “A” hereto and any restrictive covenants expressed herein run with the land and bind successors in title to the said property as well as the successors and assigns of the Owner.

The encumhrancer agrees to satisfy all the obligations imposed pursuant to this document if it should enter into possession of the said land.

4. The following schedules are attached to and form part of this agreement and no new building, structure or other facility shall be erected, altered or placed on the said land except in accordance with the attached schedules which consist of:

A. Legal Description of Lands B.

Site Plan

C. Enymmmental Site Evaluation Report Dated June, 2011 prepared by

^cologicalServices^reconunendationreport dated December-8-,201 from the Cataraqui Region Conservation Authority

5. The Owner shall perfonn all the work and provide all the materials necessary for

construction of all principal and accessory buildings andprivate-sewa-g facilities.

e

6. The Owner may construct a single detached dwelling and accessory structures located a minimum of 35 meb-es (115 ft.) from the highwater mark of Loughborough Lake at a location behind an existing nse of land that would

effectively be between the lake and the dwelling providing a barrier to slope runoff from the developed area to the lake generally as shown on Schedule “B”

7. The access easement that provides access to the subject property shall be

constructed to minimum- To^ship Standards’ for newprivate-lanes and it shall be recognized that the lane is not subject to any maintenance or other services provided by the Municipality.

8. Development of the lot shall be m accordance with the recommendations from the

Environmental Site Evaluation Report and the Cataraqui Region Conservation Authority as attached hereto as Schedule “C”

In the event of a sale of the improved lands, the new Owner will assume full and

complete responsibility for the continuing obligations under this Agreement. The enforcement of this Agreement is the responsibility of the Municipality.

10. The Agreement shall be registered against the title of the Lands and the

Municipality shall be entitled to enforce its provisions against the Owner and any and all subsequent owners of the Lands.

11. In the event that the Owner fails to install or maintain the facilities covered by this Agreement, then, upon the Chief Building Official or designate, giving seven days written notice by pre-paid registered mail to the Owner, the municipality, through it’s employees, agents or contractors, may, without further notice, enter upon the lands and proceed to supply all materials and to do all the necessary inspections and works in connection with the facilities mcluding the repair or reconstruction of faulty work and the replacement of materials which are not in accordance with plans or specifications and to charge the cost thereof, together with the cost of engineering and any other expenses incurred by the municipality, against the Owner. Such entry and work shall not be deemed as acceptance or assumption of

said facilities nor an assumption by the Municipality of any liability. It is

expressly agreed that the Owner or any person in possession shall not question the cost incurred by the Municipality for labour, materials or any other costs incidental to do the said work and this provision shall be deemed to operate as an effective estoppel in judicial proceedings if such costs are challenged or placed in question. The Owner agrees to permit the Chief Building Official, or agent, to enter onto the Lands at any time to inspect the work. The Municipality may perform any of the required services and collect the cost for the enforcement of

this Agreement against the said Lands from the security.

12. The Owner covenants and agrees that the lands and premises more particularly described in Schedule “A” annexed hereto may only be used for those purposes specified by Zoning Amendment By-law No. 2013-04.

WITNESS the corporate seals of the respective corporate parties hereto, duly affixed under the hands of their respective signing officers, duly authorized in that behalf.

SIGNED, SEALED AND DELIVERED ) In the presence of

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Mayor

Clerk

SCHEDULEMAW LEGAL DESCRIPTION OF LANDS

Part Plan 13R-; Part of Lot 23, Concession VI, Loughborough District, Township of South Frontenac

<

SCHETWTTp^,. sT PLAN

1

\

..

I

J

f»

.^'

<..

GENERAL OTILMW ^LOCATION

^
GEN1ERALBUIUMNG LOCATION

f

^

0

<

^

v

^

y \

v^^^

{S^

0 0<y

ss^ iC 0

v

r

^-^’-^

N »

\

/

/

fr

/

//r \

/

t

^

<E< w ^’?.

‘^

\1*"

1-

:^

<

s.

<

1 b

^9

^ g

L&’ ^

5S

»

^

<

7S© <I

a1

SCHEDULE_“C_M ENVIRONMENTAL SITE EVALUATION REPORT &

REPORT FROM CARARAQUI REGION CONSERVATION AUTHORITY

CATARAQUI REGION CONSERVATION AUTHORITY 1641 Perth Road, RO. Box 160 Glenbumle, Ontario KOH.1SO Phone; (613) 546-4228 Toll-free (613 area code): 1-877-956-CRCA

.1

Fax: (613) 547-64/4 E-mail: crca@cataraquiregion.on.ca

Websites; www.cleanwatercataraqui.ca & www.cataraquiregion.on.ca December 8, 2011

File: SEV/FRS/142/20U SEV/FRS/143/2011 SEV/FRS/144/2011

Sent by Email

Anne Levac, Planning Assistant Township of South Frontenac P.O. Box 100

Sydenham. ON KOH 2TO Fax:613-376-6657

Dear Ms. Levac, r t

Re: Applications for Consent to Sever S-54-11-L, S-55-U-L, S-56-11-L (Beck) Part Lot 23/24, Concession 6/7; Loughborough District New lane off of North Shore Road

Loughborough Lake Complex PSW and Loughborough Lake Swamp ANSI Long Bay / East Basin of Loughborough Lake

Further to our letter dated November 29, 2011, staff of the Cataraqui Region Conservation Authority (CRCA) have received a response dated December 2, 2011 from Ecological Services and a revised Environmental Impact Assessment (EIA), dated December 201 1.

Staff are generally satisfied with the responses, however, continue to encourage a 40 m setback .1

from the shoreline for future development. With respect to response to Comment 3 in our previous letter, there appears to be a discrepancy between the EIA findings and fhe sketch by Clancy & Hopkins. dated October 30, 2011, that is included as Figure 1 of the EIA. The EIA identifies that the closest distance between the proposed laneway and the Provincially Significant Wetland (PSW) wiU be 60 m. Based on the scale provided on Figure 1, it appears that the edge of the proposed laneway would be located approximately 30 m from the edge of the PSW at its closest point in the northern portion of the property. As such staff recommend that the sketch by Clancy & Hopkins be updated to reflect the EJA*s findings. As recommended by the EtA consultant, a road should not be allowed closer fhan 30 m from the PSW boundary. Staff have no objection to the approval of applications S-54-11-L, S-55-11-L, S-56-11-L based on the findings of the EIA and provitled that the following conditions of approval are required: .

That the sketch by Clancy & Hopkins be updated to reflect the ElA.’s findings regardmg the location of the proposed laneway with respect to the Provincially Significant Wetland (i.e. closest distance to the proposed road would be 60 m). That the subject lands be re-zoned to an appropriate residential zone that requires that all future buildings and structures to be located a minimum- of 40 m from the shorelme of M ember of

faon 9^ NfARlO Mnwnuw*T

,, f-

v-^

Ms. AnneLevac (S-54-11-L, S-55-I1-L, S-56-11-L) December 8,2011

Loughborough Lake, and all septic fields to be located at least 60 m from the shoreline of Loughborough Lake on the lots to be severed and retained. .

That the 30 m setback adjacent to Loughborou^i Lake or the Provincially Significant Wetland be maintained in a natural state. A natural state means no clear cutting or importing large amounts of fill in order to have mowed lawns.

.

That no development takes place within any steep slope located above the Provincially Significant Wetland in order to minimize sediment and erosion impacts.

.

That development on Lot 3 (application (S-56-11-L) occur tlirough site plan control for

which review by the CRCA will be required. A survey by an Ontario Land Surveyor (OLS) shall be completed prior to the development of Lot 3 demonstratmg that there is a

.

suitable buildmg envelope outside of the required setbacks of 40 m from the shoreline of Loughborough Lake, 30 m from the “narrow wetland extension” identified in the EIA, and 15 m from the “poor drainage area that contains wetland vegetation” identified in the EIA. The septic field is to be located 60 m from the shoreline and setback 30 m and 15m from the “narrqw wetland extension” and “poor drainage area that contains wetland vegetation” respectively. The proposed laneway and the cul-de-sac at the end of the proposed laneway must also meet the 30 m and 15 m setbacks identified above. That sUt screens and hay bale silt barriers be placed between any construction areas within 30 m of the lake or wetland. They should also be periodically checked to ensure proper functioning. There should be no construction activities closer than 30 m to fish habitat.

.

That permission from the CRCA under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, will be required prior to any development or site alteration (including the placement or removal of fill) within 120 m of any Provincially Significant Wetland, 30 m of other wetlands, or 30 m of the shoreline of Loughborough Lake, and for any in-water works.

It is recommended that a development agreement be used as a tool to ensure that these recommendations are addressed.

If you have any questions, please contact the undersigned at (613) 546-4228 extension 258. or by e-mail at sagarwal@cataraquiregion.on.ca. Please inform this office in writing of any decision made by the Committee of Adjustment with regard to these applications. Yours truly,

oUl^(^M^/ (/-Sukriti Agarwal, AICP Environmental Planner

Attachment: Email correspondence dated December 7, 2011 between Rob Snetsinger, Ecological Services, and Tom Beaubiah. CRCA Biologist.

Page 2 of 2 r-

Sukriti Agarwal From: Sent:

Torn Beaubiah [beaubiah@cataraquiregion.on.ca] Wednesday, December 07, 2011 3:51 PM sagarwal@cataraquiregion.on.ca

To:

Subject:

FW: Johnston Point EIS

See below

Sincerely/ Tom Beaubiah

Biologist r

iraqui Region Conservation Authority

^. ^. Box 160 -1641 Perth Road

Glenburnie, Ontario KOH ISO

Phone: 613-546-4228 ext 240 Fax: 613-547-6474

Webiste: www.cataraauireeion.on.ca *

fs- ti l"l»“l i, l i–^J ^.nln»ft»l»"^^i

.u

^1UdUl»» *.

<V”>*r

w *»-*n^<

hdH*.

ft*

.*T < h

rfu-.kl^

if fH^w,

.af*v l**t.

“*.’«

^”.

*^

^1

^tf^? .VHi

ft

-.^

From: Rob Snetstnger [mailto:snetsina(S>qu^eQsUt£3] Sent: Wednesday, December 07,2011 11:06 AM To: Tom Beaublah

Subject: Re: Johnston Point EIS Hi Tom,

I don’t think it is possible to accurately portray precise distances with the various figures, which are mostly conceptual. My impression early on (taken from the maps) was that a road there would be problematic It was only after 1 saw the surveyors flagging tape (marking the property boundary) and then doing a pace to the wetland was I reassured about

distances. A road should not be allowed closer than 30 m, and I think the easiest thing at this point is to make that a condition of approval at the site plan level. Rob

On 12/6/20114:54 PM, Tom Beaubiah wrote:

Rob, Thank you for your comments with respect to the EIS for Johnston Point. We are finalizing our comments to the Township and wanted to get clarification on Comment 3. Per your wetland boundary delineation you defined an approximate 60m boundary between the road and the wetland. This representation however did not get incorporated into figure 1 of your report. Our concern was that when scaled out on figure 1 the surveyor has delineated the wetland boundary at approximately 30m. If you can let me know (ec Sukriti) if you will have a chance to comment on that it would be appreciated. Sincerely, 1

Tom Beaubiah

Biologist

Cataraqui Region Conservation Authority P,0. Box 160-1641 Perth Road

Glenburnfe, Ontario KOH ISO Phone: 613-546-4228 ext 240 Fax: 613-547-6474

Weblste: www.cataraautreeion.on.ca

f

t

r

I

2

s

^

Environmental Impact Assessment Johnston Point

Prepared by: Ecological Services 3803SydenhamRd.

Elginburg, Ontario KOH 1MO Phone: (613) 376-6916; Fax: (613) 544-0072 E-mail: ecoserv@kos.net

Prepared For:

June 2011

hf

l^-^fl-

Environmental Assessment Johaston Point

Table of Contents

Summary

3

Methodology

**.

5

Ecological Land Classification

5

Regulations

7

Provincial Planning Policy ………………………………. 8 Significant Features

a) Significant Wetlands…………………………. 9 c) Woodlands………………………………………10 e) Significant Wildlife Habitat …»..»»………….ll 0 Fish Habitat……………………………………. 16 Literature Cited …………,………-…………..*………- 16

2

.-«r

Environmental Impact Assessment Johnston Point SUMMARY

This environmental assessment was initiated as a result of a proposal by Gary and Martha Beach for three severances on Johnston Point (Lougborough Lake) and the building of three dwellings and an associated access road (see Figure 1).

Johnston Point is located about 2 m east of Perth Road (Division St) on the north shore of

Loughborough Lake. It is associated with the provincially significant Loughborough Lake Wetland Complex. The point has been used for cattle pasturing, but has been developing back into forest for about 30 years. The environmental constraints discussed include significant wetland, woodlands, significant wildlife habitat, and fish habitat.

For the purposes of the PPS, there will be no negative impacts to any significant natural heritage feature. List ofRecommendations/Mitigation

1. It is recommended fhat buildings be set back a minimum of 40 m from the edge of Loughborough Lake. Closer distances up to 35 m are possible if it can be shown that the land is sloping away from the lake, resulting in longer flow distances for stormwater. All septic fields will be 60 m from the lake.

2. In order to minimize sediment and erosion impacts, it is recommended that no development take place within any steep slope located above the provincially significant wetland. The steepest slopes are mainly associated with the swamp at the very end of Long Bay.

3. It is recommended that a 100 mportion of access road to be located on a moderate

slope, 60 m from the Long Bay swamp, be designed to engineering and approved standards for erosion protection.

4. A 15 m setback from the small arm of wetland vegetation associated with the westernmost lot is deemed sufficient. However we still recommend site plan controls

(e.g., building placement) that push for greater distances from this wetfand feature. 5. It is recommended that when the specific building sites are surveyed, a last check for snake hibemacula be undertaken. Ifhibemacula are found, building relocation will have to be undertaken.

6. As is normal for any work near fish habitat, silt screens and hay bale silt barriers should be placed between any construction areas withm 30 m of the lake or wetland. 3

They shouldalso be penodically checked to ensure proper functioning. There should be no construction activities closer than 30 m to fish habitat.

iMJL-mm.w-adJU*

Sketch

of parts of Lots 23 and 24 Concessions 6 and 7

Geographic Township of Loughborough

now Township of South Frontenac County of Frontenac

t

Scale: f : SQQQ metrva a

an

w» wo

,<.

Bo ~So

LOT

23

LOT <

C0N.

7\

V* * *

*.

.

wSsm

m Ip

<

.

»t

?

1\

\

<h

/'

*»

fl

/.SK

<

h * f .I .

*.J » » f ^ <

.

. »t, *

I

\f

0

^

^

» * f

^:J.: *

t

^-.”'-

»A » . * » *. d * * <. .h. t. » fc . . .' . < IF< ± 1» » .

i. . » . * » » .

<, ^

0

‘f

**

»

I

.

*.

VO

< .

. pT 1 .

*. *

^ .

. *<

.. * »

f

.

-I

<

*.

d * p * » < <

,<’

*1

»k

tf II n II

i f II

tjf It

r,

<

.

.. . * » .* <

.

.

3.-;

. .

< v *

• . * < < *
• <

“.’< . *

»

1>.

. <

\

< »

.*

/'

^

f

^

».

‘<

. .^ <

»

^

^

.

. r

^

.

Vr

..

M_»*,<

0

0

6

^

^v

^^

^ ?

0

ft

^t

-^

w f _<

r

y/

< . i

».

**

yi

/L;

fc

» * . * * . * * * .

1.64fto 4.05m:

t

.h »

• 1 <

^

a W^^

,

0

V)

6

^

C LAN C Y &

H 0 P KINS

3 a

Figure 1. Proposed severances and tinaree building lots.

4

u in

-a o 1 i-

T-^

. . f *

.»

“\

» . » * . » . . » 1 < * *r

t;

<.rti

6 2

J.62ha 4.00ac

. * .

tf-

.. ff

.

inn*’

.

»

a. * * »

» .

.

*f

I*

r *

»

^^

»

.

d ± .

.

^-/

/

»

.

^i»<

/L;OT-

. * a.

.*

“C 0-” {’:-.”/.

.

f

• ^f» r*

<

:/..-'

» <

. < * * i

p.

IX

< . ^'

.”

I

f . » » *

• • .’ * *. *. »
• • ». . *. . * * . * to .» .. T * < ^’ t < . ..^t

¥_

»-

a JJ

^ f’iSgSi4) * .».;.. ?

f *

<

}^::wg:::;::^/

41

.

<»

.

ON ‘1

\

-.^

.f

<

G

If n

• ,<k

I

^ 0

It

to *

*. »

r,A-

,

d

7

^

II r

• *…-» 1

?.?<

-s

^ ‘.T *.

.

Help support independent journalism

If NFNM’s reporting matters to you, Buy Me a Coffee is a simple way to help keep local watchdog coverage going.