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/2013-18 - Site Plan Agreement-Deneault & Bennett.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2013-18
BEmG A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO
EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF
THE TOWNSHIP OF SOUTH FRONTENAC AND JACQUES DENEAULT AN ^
SUSAN BENNETT.
WHEREAS a Site Plan Agreement has been prepared to the satisfaction of the Township of South Frontenac and signed by the proponent;
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOU FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- THAT the Mayor and the Clerk are hereby authorized to execute a revised Site
Plan Agreement between the Corporation of the Township of South Frontenac and Jacques Deneault and Susan Bennett, a copy of which is attached hereto and forms part of this by-law.
- THAT this By-law and Agreement shall be registered on title of the properties described as Part Lot 23 & 24, Concession X, Bedford District, TownsKip of South Frontenac.
THIS BY-LAW shall come into force and effect in accordance with section 41 of
the Planmng Act 1990, either upon the date of passage or as otherwise provided by the said section 41.
Dated at the Township of South Frontenac this fifth day of March, 2013. Read a first and second time this fifth day of March, 2013. Read a third time and finally passed this fifth day of March, 2013. THE CORPORATION OF THE TOWNSHIP OF^SOFRONTENAC 0
ry Davison, Mayor
^
rk-Administrator
THIS SITE PLAN AGREEMENT made this day
of February, 2013. BETWEEN:
JACQUES DENEAULT & SUSAN BENNETT hereinafter 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 “An, attached hereto, located in the Township of South Fronteuac (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 aU of the Township of South Frontenac as a “Site Plan Control Area”; NOW THEREFORE, TfflS AGREEMENT WTNESSETH 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 ertcumbancer in possession and may mean more than one Owner specified in the Certificate of ownership.
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The Owner covenants that the Owner is the Chvner in fee simple of the Owner’s land.
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The obligations imposed 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 Hie said property as well as the successors and assigns of the Owner.
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The encumbrancer agrees to satisfy all the obligations imposed pursuant to this document if it should enter into possession of the said land.
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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 wifh the attached schedules which consist of:
A. Legal Description of Lands B.
Site Plan
C. Environmental Site Evaluation Report Dated April 18,2012 prepared by
Ontario Lake Assessments and recommendation report dated May 4,2012
from the Rideau Valley Region Conservation Authority
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The Owner shall perform all the work and provide all the materials necessary for fhe construction of all principal and accessory buUdings and private sewage facilities.
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The Owner may construct a single detached dwelling and accessory structures and septic system located a minimum of 30 metres (98.4 ft,) fixim the highwater mark of the inland wetland on the subject land; a minimum of 15 metres (50 ft.) from the top-of-bank of the inland wetland; and a minimum of 120 metres (394 ft.) from fhe Provincially Significant Wetland within Wolfe Lake, generally as described as Lot #1 on Schedule “B”.
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Development of the lot shall be in accordance with the recommendations from the
Environmental Site Evaluation Report by Ontario Lake Assessments and the Rideau Valley 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.
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.
- 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 including 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. 11. 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. 2013-17 and zoned RW-34.
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
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SCIffiDULE"A” LEGAL DESCRIPTION OF LANDS
; Part of Lots 23 & 24, Concession X, Bedford District, Township of South Froutenac - Created by Consent Application S-25-12-B. Part , Plan 13R-
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SCHEDULE_«CM ENVIRONMENTAL SITE EVALUATION REPORT FROM ONTARIO LAKE ASSESSMENTS & REPORT FROM RIDEAU VALLEY CONSERVATION AUTHORITY
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. Monday, April 18,201^
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Mr. Jacques Deneftult »
200RideauTeftace *
Suite 1206 k
Ottawa, Ontario {
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Regards: Site Visit to 966 Lee Road on WednMdev April H. 2012 4.
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Dear Mr. Dencault: ^
At your request I attended the site to address issues ndsed by Martha’Bradbum (RVCA^ during her site .visit the previous day. Prior to meeting on site I contacted Ms Bradbumto.. *.
determine her concerns and what sfae wanted me to address. She had thj-ee issues upon
which she was seeking my ophilon and recommfindations.
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The issues mcluded:
- the road work on the existing lane below the .steep hill, particularly (he
replacement of the existing culvert and since there was a small observable volume of flowing water through (he fculvert, just what impact this work might have on the hydraulic function of to PtovinciaUy Significant Wetland (PSW) to the south, *
- the impactof the construction of a new entrance laneway to the existing cottage
will lay entirely witfun the 120 metre zone of influence of the PSW and a portion of which will lay within the 30 metre buffer setback distance from the lake, and 3) the impact of creating two shore&ont lots where for the northeromost proposed
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lot it will be necessary to fill a low laud area and where the southernmost
proposed new lot may have a building covclope avaUablc but not without some cohsiderahle re-contouring of Ac area, part of whhhwiU }ay within the 30 metre .1
setback requirement,
Ms Bradbum is not concerned about the shallow water issue raised by the municipality and nor am I. Both she and I agree that tho PSW boundwy delineation on the Schedule A to the Official.Piau (OP) appears to inchide the waterihiat areainfiQnt ofUM »
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-2Qenge to Deneault
Aprill8,2012
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proposedlots is not correct. Ms Bradbum wffl seek direction fitnn the MNR on getting the boundary amended; ^lifj* *ysnc alone ittav prevent or delay your aDprovaI. *
On site, .you and I along with Cluig Sanders and your road contractor discussed the
following: 1) the work on the exigting fbotprintoffh? existing drivewBy m the low area
below the hill and the culvert reElacemcnt,2) aiefbotpritKoftheBNWWl BW ImWftV entrance to the existing cottage and the approvals required and timing for that work and 3) the proposed building envelopes for -the proposed new lots. »
- The low area and culvert installation: ^
walked through the entire low area horth.of Uw existing lanmrar. there to shaHow standing
water In pockets throughput the area but rtowhare was there any observable flow and there
are no channels to Indicate where water has flowed In the past there to water movement at the existing culvert only because the culvert Ift not set deep enough .to allow for the water level to equllibrate each skle of the existing private laneway. The cutvert, if properly Installed will act as an equalization culvert that will allow the water to be the same elevation on eactr*
sideofthetaneway.
The existing private taneway to under re-conatrucUpn and the contractor Wishes to complete the job .as soon as possible. Aa of the site visit date, the contractor has not deviated from the footprint of the existing private, laneway. At the dlrectton of Martha Bradbum (RVCA) the contractor has halted work below the hill In the area of the culvert until she reoetved an opinion from me regarding the potential Impacts of the work. ^
used a hand-held GPS. to determine the distance from the culvert to the edge of the PSW located to the south to determine If (he culvert Is within the 120 metre zone of Influence from
the PSW. As It turns out the culvert Is located rightat the 120 ± metre distance. *
Ideally, the culvert should be reinstalled at the tocatlon of the existing culvert or at any other location In the dlrectton nearer to the bottom of the hl». Any tocsrtton.’eveh a few metres from
thQ existing culvert would be outside the 120 metre influence zone from the PSW. The replacement culvert <16" in diameter or larger) should be instattsd deep enough to allow for
equalization .of the water level on each. side of the taneway. There will be “no change In
hydraulic function as a result of: this work. Since this la Just an equalization culvert there will be. no environmental Impact as :a result of this work. This Is not fish habitat Neither the Schedule W to the OP nor. Schedule D tothe ImplementlnB Zoning By-Law IdenUfy this area as EP or envlronmentatt/ sensfflve lands (E8). t
My oplntonjn the above regard was cony?yed to Martha Bradbum by email on Thursday April 12,2012.^ConUnued work.ln thte ana should riot proceed unfll clearance has been received
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from the RVCA.
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Qeuge to Deneault
April 18,201? *
- Construction of (he new driveway to access the cxfating cottage; For the purpose of this discussion the parcel .with the existiug cottage is considered to be the retained lot; the 5,22 ha (12,9 acre) parcel immediately next to it in a northeriy
direction is proposed severance #2 and th? land laying north of this parcel is
proposed severance #1 consisting of 6.19 ha (15.3 arces) (a? described on the sketch f
for severance application).
The entrance to proposed severance #2 lies at the end oflhe existing driveway; the
driveway a present crosses this pared to reach the tousting cottage on Hw rctained lot. The only probable building envelope for this proposed new lot will cover the footprint of the existing access road in this location. Should this proposed new lot bo
approved it will be required to re-locate the driveway to gain access to the retained parcel near the existing cottage. The Constructiou of the new driveway will be *
completely within the 120-metre zone of influence for the PSW that lay to the south. The lengfh of this proposed nfiw ddwway is on the order of 76m (250’) ±.
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Some but not all of the mature trees have been harvested in the area of the proposed new laneway by the previous owner. The opportunity exists to create the new *
entrance lane without disrupting the ecological function of the PSW. The proposed lane will follow the shortest course that results in the leayt tree removal and will skirt
on. the north side of the existing septic bed; it will also be located on the north side of a natural ridge that acts as a buffer between Ifae laaeway and fhfi PSW. Construction of this new entrance should not nroceed until a decision on the »
severance application has been made. It should be understood by all parties that approval of the severance application should be conditional upon obtaining the approval fi-om the RVCA to construct the new laneway entrance within the 120-metre zone of influence. If appipvals for thifi laneway cannot be attained then a
reconfiguiation of the proposed lots tnay be necessary. It is my opinion that the laneway c&a be conslructod as d®Bcdbe4 above with no impact on the PSW located to the south.
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- Building Envelopes for the Proposed New Lots
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An elevated natural shoreline extets along Wolfe Lake. In front of the propoeed lots. The elevated shoreline Is approximately 1.5 to 2 metnis In etevatton abow’the water and
approximately 20 metres In wtdth. Behind this elevated shoreline the level drops off Into an extenahm low area that will make up a large portion of both proposed tote. Thefa Is sdallow standing water In packets throughout the area; the area has tree cover that Includes cedar, *
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Genge to Dcueault
ApriH8,2012
hemlock, white birch and soft. maple. Neither the Schedule W to the OP nor Schedule D to
the^mplemenUng.Zoning By-Law Idontlftea thto area as EP or environmentally senslUve lands (ES).
a) Proposed New Lot #2 »
The southernmost of the proposed new lots has the most potential for locating a building envelope. The proposed building envelope would lie on the termmus of the
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existing laneway. The topography at this location poses ft challenge and will requke
re-contouring the site to create the buUdmg envelope. Some oftius work may have toj occur within the 30-metw setback distance fimn Ae lake. In addition there may be a need to fill a portion of the low area to the rear of the proposed building location. There may be difficulty situating the septic system, the building, parkiug space,
possibly a well and hydro services without some fill rcquirements for the law area. Approval o)T ^< ^t fl|hould be conditional upon first flf^Hnc aoorovftls t^ construct the access lane to the retained parcel discussed above. * *
b) Proposed New Lot #l.(norfhwnmpBt tot) This proposed lot has the 20 metre wide elevated ahoreliafi but drops o£F into the low area behind \vith the stanjding water. The low area is approximately 76 m (250’)± across to a high ridge on the west side. To create a buildug envelope near to the lake
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at this location would require filling 10m of fhe low area JGcom the 20m distance back to the 30m distance in order to first .achieve tfae 30’metre setback required by the
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RVCA and m the Official Plan. The Official Plan does not suDport any chanses
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within the 30m setback includinff HlUnff.
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Notwithstandmg the above, in order to create a building eovelope an additional area of approximately 30m x 30m would require fill behind the 3Qm-setback distance. All
of the fUl area would have to be hroitght.up to grade with the shorefront so would | require on the order of 1.5 metres of material. The building code requirements fpr
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septic systems may ultimately detemmo the fiU depik requiianents. A'40 metre long driveway would also require,a: similar depth offill in order to acceis the buUding envelope. It is estimated to fill this idea will take 2040 m3 of material [(30 x 10 x 1.5)
- (30 x 30 x 1.5) + (40 x 4 x 1.5)] ^040 m3, <.
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There may also-be constramts to locating a building envelope in this area based on the difficulty to satisfy the requirements to install a septic bed and locate a well.
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-5Oenge to Deneault
April 18,2012 t
While neither the Schedule A to the QP nor Schedule D to the Implementing Zoning By-Law identifies this area as EP or cnviromnentally gensitive lands (ES), it is my
opinion that the extensive .fill required to create a building envelope will have an <
unacceptable environmental impact. *
If you have any questions regarding the above please feel firee to give me a call. t
Respectfolly youys,
RegufaldE. Oenge (Hons.B.Sc.) Principal Ontario Lake Assessments
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613-376-3863 *
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