2013-48 - Site Plan Agreement - Geoerge - Defeated

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

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Document Text

TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2013-48

BEING 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 SANDRA AND ALAN GEORGE.

WHEREAS a Site Plan Agreement has been prepared to fhe satisfaction of the Township of South Frontenac; NOW THEREFORE THE CORPORATION OF THE TOWNSfflP OF SOUTH

FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

THAT fhe Mayor and fhe Clerk are hereby authorized to execute a Site Plan Agreement between the Corporation of the Township of Soufh Frontenac and Sandra and Alan George, a copy of which is attached hereto and forms part of this by-law.

THAT this By-law and Agreement shall be registered on the title of the property described as Part 1 on Plan 13R-16276, Part Lot 18, Concession DC, Stomngton District, Township of South Frontenac.

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 sixth day of August, 2013. Read a first and second time this sixth day of August, 2013. Read a third time and fmally/^assed this sixth day of August, 2013.

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HE CO

RATION OF THE

SfflP OF^OUTH FRONTENAC

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Gary Davison, Mayor

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Wayne Orr, Clerk-Administrator

TfflS SITE PLAN AGREEMENT made this day of August, 2013. BETWEEN:

SANDRA & ALAN GEORGE 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

^?^?E^S ^ ownw M the re&stcred owner in fee simple of certain lands ^escribe_dmsehedule «AW’attadled hel’cto> Seated in e TownshipofSouth Frontenac (the “Owner’s Land”);

AND WHEREAS the Municipality is authorized to enter into this agreement and

:es8te^affun8tflletMetotheLlu!d8PU"uantto^»-»»^ePl,nni,gAct and section 6.17 of the TownsUp of South Frontenac Official pTan;

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, THIS AGREEMENT WTTNESSETH 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 encumbcmcer in possession and may mean more than one Owner specified in the Certificate of ownership.

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

2. The obligations imposed by this Agreement affect the land described in Schedule “A” hereto and any restrictive covenants expressed hercm run wifh fhe land and

bmd successors m title to the said property as well as fhe successors and assigns of the Owner.

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

4. The followmg schedules are attached to and form part of this agreement and no

?^ ib?ld??L!?^cture0^ other ^?ility shallbe,erccted> altered or placed on the said land except in accordance with the attached schedules which consist oft

A. Legal Description of Lands B.

Site Plan

c’ Kideau Watervray Development Review Team Report dated July 17,2013: Conditions for Development:

5.

^orr±!lp.CTfomauAewoIk_andProvi.<ieallthemateri^-cessaryfor

^^uctionoftheFincipalbuadingandprivatesewage-faciU^^ ^^mg^!^LandauotherbuildmgsCTistmg as ofthe d^ofATs’agreCTaent

^L^I^^Ti^^rounds^cearearcPlanted^Iortoany

building permit being issued. 6.

new

’nleowner may construct a smgle detached dwelling with attached garage and decking totallmg a maximum footprint of 1,600 square feet. Thisstmcture ^all

have a rnmm gross floor area on the main levdofT;2(iO square feet"and^aU have awalk-out basement (habitable area) below the mainTevefwith a area of 1,260 square feet. He structure and septic systemmust be located

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mayimimi a

mirum^ofl5.5»et.s(50.5ft.)&omfhehighwatern^kofDogLakeand,

except for this one principal structure, no ote-buildings or struct.esshaUb; p^nitted on tfae Lands. Development of the Lands shall be as shovm’onSchedule “B”.

7. The followmg envu-onmental protection measures shaU also apply to the Lands: 7.1 That a building peimit will not be issued for new

development on the lands until the owner/applicant has

received a permit to install, replace, upgrade, or continue to

use, a sewage system from Kmgston, Frontenac, Lennox.& Addington Public Health.

7.2 That all roof and site run-offfrom the building be directed

to sites away from the lake, to allow for natural treatment

and infiltration to take place.

7.3 That. except for the footprint of the building itself, the property be managed prior to, during and foUowmg all development of the lands in a manner whereby Aenatural soil and vegetation is maintained wifhm 30m (98.4 ft.) of the wedand.

8. The following Limited Service notations also apply to the Lands: 8.1 That fhe Municipality does not mamtain or repair and will have no obligation to mamtain or repair the private lane that provides access to the Laads or to perfonn or provide any other municipal services normally associated with public highways within the municipality.

8.2 That the Municipality will not be responsible for any loss, damage, or injury, whefher direct or indirect, arising fiom the inability of the Owner’s lands because of the Owner’s

failure to properly maintain the private lane, and the Owner

will indemnify and save harmless the Municipality, its councilors, ofScers, employees and agents from and against all claims, losses, damages, liabilities, costs and expenses (includmg legal fees and disbursements) which may be made or brought agamst the Municipality as a result thereof.

Development of the Lands shall be in accordance with the recommendations in

the letter dated July 17, 2013 from fhe Rideau Waterway Development review Team as attached hereto as Schedule “C”.

10. In the event of a sale of the improved Lands, the new Owner will assume full and

complete icsponsibUity for the continuing obUgations imder this Agreement. TTie

enforcement of this Agreement is the responsibility of the Municipality. 11. The Agreement shall be registered against the title offhe Lands and the

Municipality shall be entitled to enforce its provisions against the Owner and any

and all subsequent owners offhe Lands.

12. In the event that the Owner fails to install or maintain the facilities covered by this Aseement, then, upon the CUefBulding Official or designate, giving seven days written notice by pre-paid registered mail to tfae Owner, the mumcipaUty, thiou^i it’s employees, agents or contractors, may, without furiher notice, enter upon fhe Lands and proceed to supply all materials and to do aU the necessary inspections and works in connection with fhe facilities including the repair or reconstruction of faulty work and Ihe replacement of materials which are not in accordance with

plans or specifications and to charge the cost fhereof, togefher with fhe cost of engineering and any other expenses mcurred by fhe 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 aay person in possession shall not question fhe cost incurred by fhe 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 fhe 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 fhe said Lands fi*om the security. 13. The Owner covenants and agrees that fhe 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. 2013-47. 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

SCHEDULE"A" LEGAL DESCRIPTION OF THE LANDS

Part 1, Plan 13R-16276; Part of Lot 18, Concession IX, Storrmgton District, Township of South Frontenac: Municipally known as 4539 Stair Step Lane.

SCHEDULE"B"

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Zoning By-law Amendment and provide fhe followmg comments for fhe Township’s consideration. The property was visited June 14 and Jijly 4,2013. Site Description / Summary of Proposal

The subject property is approximately 0.15 ha in size with approximately 46 m of road ftontage on Stairstep Lane and approximately 49 m of water frontage on Dog Lake. The eastern portioa of fee lot consists of a steep, densely vegetated, till embankment (approximately 5 m high) extending fi-om Stairstep Lane towards the water. The embankment flattens before reaching the shoreline where fhere is a 1.5 m. slope to Ac water consisting mainly of a till embankment covered with rip rap material The western half

of the property consists of a relatively flat, mamcured landscape with an approximately 42 m2 seasonal dwelling and two small accessory structures (sheds).

The subject property is designated *RuraT in the Township of South Froateaac’s Official Plan and is presently zoned *Limited Service Residential-Waterihmt Zone (RLSW)’ m tiae inq)lementmg Zoning Bylaw.

The proposal involves an amendment to the Comprehensive Zoning By-law to create a site-specific Limited Service Rssidential-Waterfront zone in which:

the required 30 m high water mark setback will be reduced to 15 m; fhe 30 m roadway scfback will be reduced to 4.6 m; and the lot coverage TTfismmnm of 10 percent (5 perceut for principle building and 5 percent for accessory

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structure) wfll be amended to allow 8.4 percent lot coverage for the proposed principle dwelling and 1.6 percent for a proposed accessory structure (detached garage).

The site-specific zone will permit the construction of a 117 mz dwelling, approximately 15.5 m ftom the

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Ms. Levac (2-13/07) July 17,2013

%!,^a^^T^^la-22.«m2_ det?;h^sarage approximately17 m &om ^e high water mark. The existing cottage would be removed as part of to proposal.

?^Ln^T-?^a3e^ ?n_^ measlu’emeate. the actual closest distance between fhe proposed biuldmgs and fee high water mark of Dog Lake is 14.5 m.

Discussion

^en^t^^of^eKWDKTm1;bua]FpliCTtti(mare dle aYoldfflnce offloo<ua8 md eroslon hazards associated with &e shoreline of Dog Lake, the protection of the water quality of Ac lake and tfae visual

values of the waterway, as a part of the Rideau Canal National Historic’Site and UNESCO World Heritage Site.

Flooding Hazard

Under Ontario Regulation 148/06, tfae CRCA regulates development and site alteration wifhin and

adjacent to the regulatory 1:100 year flooc^lain. A minimum 6 m setback is required for all Wldings and struchires adjacent to tile regulatory flood plain.

For Dog Lake, CRCA policy defines tfae regulatory flood plain as the hij^iest recorded water level for fhe lake (98.86 m GSC). The maximum recorded water level is not anticipated to overtop the shoreline embankment at tfae front of this property.

Based on infoTmatioa gathered diiring a site visit on June 14, 2013 and from the proposed plans for the new dwelling and accessory structure, it would appeal fhat fhe proposed slructures, at Iheir closest point to the water, are approximately 14.5 m from {he high water made, As such, Ifae proposed dweUing and garage would be located outside of lands subj ect to flood risk. Erosion Hazard

The shoreline of (he aforementioned property consists of a mix of rip rap material and till embankment wifh an approximate height of 1.5 m.

The CRCA defines the extent of potential erosion hazards, the ’erosion hazard limit’, adjaeeat to an inland lake to be a stable slope allowance of 3(h):l(v) for till plus an erosion access allowance of 6 m from the top of stable slope. As such, the erosion Iiazard limit would extend approximately 10.5 m from fhe toe of the slope inland or, in other words, 10.5 m from fhe base of the shoireline towards Ifae road. The

CRCA, under Ontario Regulation 148/06, restricts aU development (buildings, structures. septic systems) and site alteration (including placement offiU, excavation, grading) wifhin this area.

In regards to the proposed development on the subject property, it would appear fhat all of the proposed stmctures are outside offhe 10.5 m erosion allowance.

Water Quality and Visual Impact

In accordance with Section 2.2 of the Provincial Policy Statement, RWDRT staff strive to maintain, and where possible, enhance water quality in our review of planning applications.

Similarly, RWDRT staff strive to preserve and enhance Ae cultural, natural and scenic values of the

Rideau Canal World Heritage Site so fhat all Canadians can enjoy this legacy into the future. This can be

achieved through the maintenance of a natural shoreline, tfae maiateaance and erihancemeat of vegetation

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Ms. Levac (Z-13/07) July 17,2013

&e property, development which compleoients fhe visual character of fhe landscape, and the

maintenance of a minirmiTn 30 m setback of all development ftom the water.

The Township of South Froateaac Official Plan and Zonmg By-law require that all development occur at

L^!TJ^I^J^a^,^^?.^^^:itfal??-!!?^-m^ f^a_ ^tCT^ y’ ?le<mte??.°^ setback is to

Provid® a bufifer of undisturbed soil and vegetation along fhc shoreline, which will help to filter ruaoff, prevent soil erosion, and provide wildlife habitat.

This 30m setback corresponds with the 30 m buffer zone surroundmg the World Heritage Site. For fhe

land wi&in and beyond the buffer. zone. Parks Canada works closely mfh fhe mumcipalities. counties and conservation authorities along fhe waterway to ensure the visual values of Ifae canal are protected alongside the enviiomnental values.

Similar to the Township^ OfGcial Plan, CRCA Plamiing Policy considers new development within the 30m water setback area only if fhere are no reasonable alternatives for locating the development outside of the water setback area, the development is no closer to the water than existing buildmgs or structures on the property, and is set back as far as possible from the water in all directions, complies with the maximum lot coverage provisions of the Zcmiag By-law, and suitable mefhods to minimize negative impacts on water quality are incorporated into fee development. Staff recogpize that, due to fhe size of the subject pioperty» new development cannot meet the 30 m high water mark setback. As a result of the proposed zoning amendment, development on the site would be set back fiurftier from the water fhaa existmg structures, as far &om fhe water as possible and fhe maximum combined lot coverage of 10 percent would not be exceeded, provided that existing structures are removed.

Since the proposed development would result in {he lot having the maximum 10% lot coverage, the RWDRT would not support fitture plamung appUcations for additional development on ffae property. This includes all decking and minor accessory structures such as gazebos or platforms. We recommend that a provision explicitly restricting future development on the lot be included into the site-specific zone. We also recommend that the existing accessory structures on fhje subject property be removed either through site plan control or as a provision in the site-specific zone.

We stress the fact fhat fhe proposed building footprint, at fhe maximum 10% coverage, is all that we would support on this lot and, if it is the intent of the proponent to build a deck or ofaer structure, it must be located witfain the proposed footprint at 15,5 m Irom the high water mark. In order to help protect and enhanced tiie visual vahies of tiie landscape. Parks Canada recommends that

the proposed residential development for this site complements the visual character of the landscape and is screened from the waterway by planting native tree species wifhin fhe setback area. We recommend that provisions to fhis efEect be incorporated fhraugli a site plan agreement or as a provision in tiie sitespecific zone.

As noted, staff measured the closest point between fhe proposed dwelling and high water mark as 14.5 m.

We support the application based on the development being no closer than 15.5 m fimn fhe high water mark. The proponent must ensure that the buildmgs are consistent with this setback prior to commencmg construction. CRCA staff wUl confirm fhis at fhe pecmit stage, iffhe subject ^plication is approved.

Ms. Levac (Z-13/07) July 17,2013

Recommendation

RWDRT staff have no objection to the approval of apfpUcation Z-13/07 provided fhe rccommendations

regarding accessory structure removal, restrictions on’future development and vegetative screening be

incorporated into the approfval. Please mfonn bofh the CRCA and Parks Canada in writing of any decision made by fhe Township regarding this application. Ontario Regulation 148/06

The property is subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is implemented by the CRCA. The purpose of Ontario Regulation 148/06 is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that (he changes do not put other properties at greater risk firom these hazards. By virtue of fhis regulation, fhe CRCA regulates all development and site alteration activities within 15 m of the flooding and erosion hazard limits on the subJ ect property. A permit will be required d&om the CRCA prior to construction of fhe proposed dwelling and garage.

If you have any questions, please contact fhe undersigned at (613) 546-4228 exteasioa 228, or via e-mail at mdaldn@cataraquiregion.on.ca. Yours truly,

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Michael Dakm

Resource Planner, CRCA

ec: Susan Millar, Planner, Parks Canada - Rideau Canal Office, via email

Lindsay MUls, Plannmg Coordinator, Township of South Frontenac, via email Alan George, applicant, via email

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