Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: February 8, 2024 Collection: Council Agendas Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC Committee Of Adjustment Meeting Agenda TIME: DATE: PLACE:

7:00 PM, Thursday, February 8, 2024 Council Chambers/Virtual Via Zoom .

Call to Order

a)

Resolution.

Adoption of Agenda

a)

Resolution.

Committee of Adjustment Appointments

a)

Appointment of Committee of Adjustment Chair (Resolution)

b)

Appointment of Committee of Adjustment Vice-Chair (Resolution)

Electronic Meeting Information

a)

The meeting will be live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/virtualcommittee-of-adjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.

b)

PowerPoint Presentation Staff has prepared a PowerPoint Presentation that will be displayed on the screen of the meeting, you can also follow along with the PDF version that is in the attachment of this agenda item.

Declaration of pecuniary interest

a)

There are none.

Approval of Minutes – December 14, 2023

a)

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

a)

PL-BDJ-2022-0067 (Campbell) - Storrington District

4 - 15

16 - 40

Property Address: 4797 Latimer Road Purpose & Effect of the Application: Consent for the creation of one new residential lot. The original proposal was for the severed parcel to be 5.1 acres in area with 12 metres of frontage on Latimer Road and 10 metres frontage on Round Lake Road. In the amended application, the severed parcel

Page 1 of 273

would be approximately 4.2 acres in area with 12 metres of frontage on Latimer Road. b)

PL-BDJ-2023-0080 (Hughson) (The Boulevard Group) - Storrington District

41 104

Property Address: Horning Road at Sydenham Road Purpose & Effect of the Application: Consent for the creation of one new rural residential lot, being 2.5 acres in area and having 80 metres of frontage on Horning Road. c)

PL-BDJ-2023-0081 (Hughson) (The Boulevard Group) - Storrington District

105 168

Property Address: Horning Road at Sydenham Road Purpose & Effect of the Application: Consent for the creation of one new rural residential lot, being 2.5 acres in area and having 80 metres of frontage on Horning Road. d)

PL-BDJ-2023-0082 (Hughson) (The Boulevard Group) - Storrington District

169 232

Property Address: Horning Road at Sydenham Road Purpose & Effect of the Application: Consent for the creation of one new rural residential lot, being 2.5 acres in area and having 80 metres of frontage on Horning Road. 8.

New Consent Applications:

Minor Variance / Permission Applications from a Previous Meetings: (if applicable)

New Minor Variance / Permission Applications:

a)

PL-ZNA-2023-0137 (Monty & Leonard) - Storrington District

233 271

Subject Property Address: Carrying Place Road Purpose & Effect of the Application: The applicant proposes to construct a one storey single detached dwelling and a septic system on the property. The dwelling will have a floor area of approximately 266sqm. Minor variances are requested to allow the dwelling and septic system to be set back less than 30m from the highwater mark of Cranberry Lake and less than 15m from the setback from top of bank. The dwelling is proposed to be set back 15m from Cranberry Lake and 6m from the top of bank. The septic system is proposed to be set back 24.4m from Cranberry Lake and 7.7m from the top of bank.

Page 2 of 273

11.

Other Business

a)

Consent Granting Authority Report

Adjournment

a)

Resolution.

272 273

Page 3 of 273

Minutes of Committee Of Adjustment December, 14, 2023

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # 12 Time: 7:00 PM Location: Council Chambers/Virtual Via Zoom Present: Norm Roberts, Steve Pegrum, Randy Ruttan, Alan Revill, Brett Moreland, Kevin Fox, Mike Howe Absent: Doug Morey Staff: Christine Woods, Senior Planner, Tom Fehr, Planner, Noah Perron, Planner, Kate Kaestner, Secretary-Treasurer 1

Call to Order

a)

Resolution. Resolution No. 2023-12-1 Moved by: Kevin Fox Seconded by: Norm Roberts THAT the Committee of Adjustment adopts the Agenda for the December 14, 2023 Committee of Adjustment meeting.

2

Adoption of Agenda

a)

Resolution. Resolution No. 2023-12-2 Moved by: Norm Roberts Seconded by: Kevin Fox THAT the Committee of Adjustment adopts the Agenda for the December 14, 2023 Committee of Adjustment meeting. Carried

3

Electronic Meeting Information

a)

The meeting will be live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/virtual-committee-ofadjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.

Page 4 of 273

Minutes of Committee Of Adjustment December, 14, 2023 b)

PowerPoint Presentation that was prepared by Staff was displayed on the screen of the meeting.

4

Declaration of pecuniary interest

a)

None heard.

5

Approval of Minutes – November Meetings

a)

Resolution - Approval of November 09, 2023 Minutes Resolution No. 2023-12-3 Moved by: Kevin Fox Seconded by: Norm Roberts THAT the Committee of Adjustment approves the minutes of the November 09, 2023 Committee of Adjustment meeting. Carried

b)

Resolution - Approval of November 15, 2023 Minutes Resolution No. 2023-12-4 Moved by: Norm Roberts Seconded by: Kevin Fox THAT the Committee of Adjustment approves the minutes of the November 15, 2023 Committee of Adjustment meeting. Carried

6

Consent Applications from a Previous Meetings: (if applicable)

7

New Consent Applications:

a)

PL-BDJ-2023-0080 (Hughson) (The Boulevard Group) - Storrington District Property Address: Horning Road at Sydenham Road Purpose & Effect of the Application: Consent for the creation of one new rural residential lot, being 2.5 acres in area and having 80 metres of frontage on Horning Road. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of approval of the applications, subject to conditions. Randy Ruttan, Chair, inquired as to whether the Applicant or Agent wished to address the Committee Jason Sands, the Agent on the application spoke to the importance of understanding that approval of the application would be a provisional approval and that the applicant would need to fulfill all of the conditions as imposed by the municipality, including a full hydrogeological assessment, in order for the lots to be created. Mr. Sands spoke to the proposed lots being in conformance with the Official Plan and Zoning By-Law with respect to size and frontage requirements and would be considered to be orderly infill development. The location of the

Page 5 of 273

Minutes of Committee Of Adjustment December, 14, 2023 proposed lots also give consideration to the continued agricultural use of the retained lands. Chair Ruttan inquired as to whether there were any questions or comments from members of the public regarding the application. Herman Cornel, neighbouring landowner, read a statement from Kathy Christmas, adjacent landowner which spoke to the scare supply of groundwater in the area of Horning Road, and the concern that drilling three (3) new wells along Horning Road would result in further scarcity of groundwater for existing residents of the area. Mr. Cornel inquired as to whether there would be any compensation should there be any impact to the wells of neighbouring landowners. Noah Perron, Planner, reminded the public and the Committee that any approval of the application would be conditional on the results of a hydrogeological study, and if the study indicated that the drilling of the new wells would have adverse effects on existing groundwater, that the consent applications would never be finalized and the lots would not be created. Mr. Cornel inquired as to whether the residents on the South side of Horning Road, being in the City of Kingston, would be monitored as well as the property owners in South Frontenac. Mr. Perron responded that the Hydrogeologist would be the expert who would determine the area of impact for the purposes of the assessment, and that they must be justified in determining that area. Mr. Cornell inquired as to the number of wells that would be monitored for the assessment. Christine Woods, Senior Planner, stated that the hydrogeologist would perform a desktop review of the application, including a review of all of the well records in the area, and then would determine which wells should be monitored and how many. How many wells are monitored would also depend on how many landowners give permission to have their wells monitored during the drawdown test. If no neighbouring landowners gave their consent to have their wells monitored, the hydrogeologist would use their professional expertise to determine whether there would be an impact. Mr. Cornell inquired as to what would be defined as a “qualified professional” in the Township’s hydrogeological standards document. Ms. Woods responded that the qualified professional would be a Hydrogeologist which is a Professional Engineer or a Professional Geoscientist. Chair Ruttan inquired as to whether any other members of the public wished to speak to the application. Paula Scott, neighbouring landowner, inquired as to the time of year that the hydrogeological assessment would be performed, as the residents may have water in the Spring, but not in August. She also inquired as to whether the application should be deferred until the hydrogeological assessment is completed. Mr. Perron replied that the Hydrogeologist would most certainly consider the time of year (and corresponding groundwater) when considering the application.

Page 6 of 273

Minutes of Committee Of Adjustment December, 14, 2023 Ms. Scott inquired as to why the applications would be approved when there was so much concern over groundwater. Chair Ruttan reminded Ms. Scott that there was currently no resolution on the floor for approval or denial and that a vote will take place after all of the relevant information has been gathered by the Committee. Chair Ruttan inquired as to whether there were any further questions or comments from members of the public. Anita Smith-Down, neighbouring landowner, stated that during a particularly dry summer in the 1990s her family needed to install a cistern at her property. She indicated that the City of Kingston no longer allows residents to install cisterns on their property which may cause further difficulties for residents. Sarah Boughen, neighbouring landowner, inquired as to what Hydrogeologist the applicant would need to use and who the hydrogeological assessment would be peer-reviewed by. Ms. Woods responded that the County of Frontenac has a hydrogeologist on retainer. That hydrogeologists performs the peer-reviews of all hydrogeological assessments throughout the County. That hydrogeologist would be conducting the peer review. The applicant can use whichever hydrogeologist they wish to retain, noting that there are only so many of them in the area. Ms. Boughen stated that the owner of a nearby property located in the City of Kingston attempted to sever a new lot and was unsuccessful at completing the severance due to the lack of groundwater. She questioned why the applicant would attempt a similar endeavor and seemingly waste thousands of dollars. Chair Ruttan stated that everyone has a right to put forward an application, pay the associated fees and take their chances with the result of the application. He reminded Ms. Boughen that this application has not yet been approved and that there would be a vote later on in the meeting. Chair Ruttan inquired as to whether there were any questions from members of the Committee regarding the applications. Committee Member Alan Revill stated that he had serious concerns regarding the application and suggested that the application be deferred until after the hydrogeologist report is conducted. He inquired as to how the applicant or agent was going to address the concerns of the members of the public. Jason Sands, Agent, stated that the property owner is aware that any rural consent applications are dependent upon proving adequate private servicing, and that his client is aware that they are required to satisfy the province’s D55 guidelines to support future residential development. Mr. Sands asked that the Committee grant the applications conditional approval so that the applicant may begin the process of attempting to satisfy those requirements. Kate Kaestner, Secretary-Treasurer, reads resolution for conditional approval: Moved by: Norm Roberts Seconded by: Kevin Fox THAT the Committee of Adjustment approves Consent Application PL-BDJ2023-0080 for the creation of one new rural residential lot, being a minimum of 2.5 acres in area and having a minimum of 80 metres of frontage along Horning Road, subject to conditions.

Page 7 of 273

Minutes of Committee Of Adjustment December, 14, 2023 Chair Ruttan inquired as to whether there were any comments from members of the Committee. Committee member Revill expressed his wish to defer the application until after the hydrogeologist performs a desktop review and before any wells are drilled. If the provisional consent was granted, Mr. Revill suggested that the hydrogeologist performing the peer-review be on-site during the drawdown tests. Committee member Kevin Fox inquired as to whether we can mandate when the drawdown tests are performed as a condition of the consent. Ms. Woods stated that she was not sure that they could require that as a condition. She reminded the Committee that hydrogeologists are professionals and have standards that they are required to adhere to. If the wells were drilled in the Spring the peer-reviewer would most certainly give consideration to that. Committee member Michael Howe expressed concern about the importance of groundwater. Committee member Steve Pegrum expressed his interest in deferring the application until there is further clarification regarding the time of year that the hydrogeological assessment will be completed as well as the radius for monitoring neighbouring wells. Ms. Woods responded that in larger scale developments, such as plans of subdivision, there are sometimes Terms of Reference that are created for various studies, which may speak to the time of year that a particular study is to be completed. It may be a good compromise to have a condition that before the assessment is completed, the terms of reference are generated between the County’s hydrogeologist and the applicant’s hydrogeologist. Moved by: Steve Pegrum Seconded by Alan Revill THAT the motion be amended to defer the application until Terms of Reference can be established for the hydrogeological study. Carried. See amended resolutions 2023-12-05, 2023-12-06 & 2023-12-07 Resolution No. 2023-12-5 Moved by: Steve Pegrum Seconded by: Alan Revill THAT the Committee of Adjustment defers Consent Application PL-BDJ-20230080 for property at Horning Road and Sydenham Road to allow the applicant or their agent time to have the applicant’s and the Townships hydrogeologists time to develop Terms of Reference for the hydrogeological requirements specific to this application. Carried

Page 8 of 273

Minutes of Committee Of Adjustment December, 14, 2023 b)

PL-BDJ-2023-0081 (Hughson) (The Boulevard Group) - Storrington District Property Address: Horning Road at Sydenham Road Purpose & Effect of the Application: Consent for the creation of one new rural residential lot, being 2.5 acres in area and having 80 metres of frontage on Horning Road. See item 7.a) for minutes text. Resolution No. 2023-12-6 Moved by: Alan Revill Seconded by: Steve Pegrum THAT the Committee of Adjustment defers Consent Application PL-BDJ-20230081 for property at Horning Road and Sydenham Road to allow the applicant or their agent time to have the applicant’s and the Townships hydrogeologists time to develop Terms of Reference for the hydrogeological requirements specific to this application. Carried

c)

PL-BDJ-2023-0082 (Hughson) (The Boulevard Group) - Storrington District Property Address: Horning Road at Sydenham Road Purpose & Effect of the Application: Consent for the creation of one new rural residential lot, being 2.5 acres in area and having 80 metres of frontage on Horning Road. See item 7.a) for minutes text. Resolution No. 2023-12-7 Moved by: Alan Revill Seconded by: Steve Pegrum THAT the Committee of Adjustment defers Consent Application PL-BDJ-20230082 for property at Horning Road and Sydenham Road to allow the applicant or their agent time to have the applicant’s and the Townships hydrogeologists time to develop Terms of Reference for the hydrogeological requirements specific to this application. Carried

d)

PL-BDJ-2023-0119 (Upton) - Bedford District Property Address: 2163 Devil Lake Road Purpose & Effect of the Application: The applicants propose to abandon the existing right-of-way that runs through the developed area of the subject property and to establish a new right-of-way in a different location on the property. The new right-of-way would continue to provide legal access to multiple waterfront properties. The proposed right-ofway would be 750 metres long and 4.5 metres wide.

Page 9 of 273

Minutes of Committee Of Adjustment December, 14, 2023 Christine Woods, Senior Planner, delivered her report to the Committee with a staff recommendation of approval of the application, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. (None heard). Chair Ruttan asked if there were any questions from Committee Members regarding the application. Committee member Norm Roberts asked Ms. Woods whether the proposed new private lane has already been constructed. Ms. Woods replied that it had been constructed the previous spring, originally as a temporary means to access a new building site on the property. The applicant will still need to have the lane inspected by Township staff and it will need to meet the Township’s private lane standards. Committee member Revill stated that he had driven on the new right-of-way and so long as it meets the Township’s private lane standards, he is comfortable approving the application. Kate Kaestner, Secretary-Treasurer, read resolution for conditional approval. Chair Ruttan inquired as to whether there were any further comments or points of discussion from Committee members. (None heard). Resolution No. 2023-12-8 Moved by: Brett Moreland Seconded by: Kevin Fox THAT the Committee of Adjustment approves Consent application PL-BDJ-20230119 for property municipally known as 2163 Devil Lake Road for the creation of an easement, being 750 metres in length and having a surveyed width of 20 metres, subject to conditions. Carried 8

Minor Variance / Permission Applications from a Previous Meetings: (if applicable)

9

New Minor Variance / Permission Applications:

a)

PL-ZNA-2023-0117 (Leonard) - Loughborough District Property Address: 1004 Goslin Lane Purpose & Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of Knowlton Lake Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of approval of the application, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Brad Leonard, owner and applicant, thanked the Committee for hearing his application.

Page 10 of 273

Minutes of Committee Of Adjustment December, 14, 2023 Chair Ruttan inquired as to whether there were any questions from Committee regarding the application. (None heard). Ms. Kaestner read the resolution for conditional approval. Chair Ruttan inquired as to whether there were any comments from Committee members regarding the application. Committee member Roberts stated that he had visited the site and agrees with planning staff. Committee member Mike Howe stated that he had also visited the site and agreed with the staff recommendation of conditional approval. Resolution No. 2023-12-9 Moved by: Steve Pegrum Seconded by: Alan Revill THAT the Committee of Adjustment approves application PL-ZNA-2023-0117, for property municipally known as 1004 Goslin Lane, to grant permission to enlarge the legal non-conforming dwelling within 30 metres of the highwater mark of Knowlton Lake, subject to conditions. Carried b)

PL-ZNA-2023-0124 (Holmes & Menard) (Preston) - Bedford District Property Address: 35 That Way Lane Purpose & Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling on the property within 30 metres of the highwater mark of Devil Lake. Tom Fehr, Planner, delivered his report to the Committee with a staff recommendation of conditional approval. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Michael Preston, the Agent for the application stated that he felt the proposal was modest in nature and provided details of the proposal, concluding that the impacts of the proposed development to both the property and neighbouring landowners would be minimal Chair Ruttan inquired as to whether there were any questions or comments from members of the public regarding the application. (None heard). Chair Ruttan inquired as to whether there were any questions from Committee regarding the application. (None heard). Ms. Kaestner read the resolution for conditional approval. Chair Ruttan inquired as to whether there were any comments from Committee members regarding the application. (None heard).

Page 11 of 273

Minutes of Committee Of Adjustment December, 14, 2023 Resolution No. 2023-12-10 Moved by: Steve Pegrum Seconded by: Alan Revill THAT the Committee of Adjustment approves application PL-ZNA-2023-0124, for property municipally known as 35 That Way Lane, to grant permission to enlarge the legal non-conforming dwelling within 30 metres of the highwater mark of Devil Lake, subject to conditions. Carried c)

PL-ZNA-2023-0125 (Duff) (McNutt) - Bedford District Property Address: 126 Mill Bay Lane Purpose & Effect of the Application: The applicant is proposing to construct a 264sqft (24.5sqm) addition to the existing 1643sqft (152.6sqm) seasonal dwelling. The proposed addition would increase overall lot coverage of the seasonal dwelling from 6.9% to 8.1%. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of conditional approval. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. (None heard). Chair Ruttan inquired as to whether there were any questions or comments from members of the public regarding the application. (None heard). Chair Ruttan inquired as to whether there were any questions from Committee members regarding the application. Committee member Revill stated that he agreed with planning staff regarding the proposal and that although the proposal is exceeding the lot coverage proposal, it is still in keeping with many of the surrounding properties, and is set back from the water. Ms. Kaestner read the resolution for conditional approval. Chair Ruttan inquired as to whether there were any comments from Committee members regarding the application. (None heard). Resolution No. 2023-12-11 Moved by: Alan Revill Seconded by: Steve Pegrum THAT the Committee of Adjustment approves Minor Variance application PLZNA-2023-0125 to permit a 24.5 square metre addition to the existing dwelling, establishing a lot coverage of 8.1 percent, subject to conditions. Carried

Page 12 of 273

Minutes of Committee Of Adjustment December, 14, 2023 d)

PL-ZNA-2023-0126 (Goldie) - Storrington District Property Address: 1121A Beach Lane Purpose & Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of Cranberry Lake Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of conditional approval. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Warren Goldie, applicant, thanked planning staff for their work in getting the application to the Committee. Chair Ruttan inquired as to whether there were any questions or comments from members of the public regarding the application. (None heard). Chair Ruttan inquired as to whether there were any questions from Committee members regarding the application.(None heard). Ms. Kaestner read the resolution for conditional approval. Chair Ruttan inquired as to whether there were any comments from Committee members regarding the application. (None heard). Resolution No. 2023-12-12 Moved by: Mike Howe Seconded by: Steve Pegrum THAT the Committee of Adjustment approves application PL-ZNA-2023-0126 for property municipally known as 1121A Beach Lane, to grant permission to enlarge the legal non-complying dwelling on the property within 30 metres of the highwater mark of Cranberry Lake, subject to conditions. Carried

e)

PL-ZNA-2023-0127 (Asanin) - Loughborough District Property Address: 1023 Koen Lane Purpose & Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of Loughborough Lake. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of conditional approval. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Vera Asanin, applicant, spoke to the proposal being modest in nature and thanked the planning staff for assisting her with the process.

Page 13 of 273

Minutes of Committee Of Adjustment December, 14, 2023

Chair Ruttan inquired as to whether there were any questions or comments from members of the public regarding the application. (None heard). Chair Ruttan inquired as to whether there were any questions from Committee members regarding the application. Committee member Revill inquired as to how the roof runoff would be directed from the lake for the greenhouse. Ms. Asanin stated that she wished she had an answer but she has not yet finalized the design of the greenhouse, but that it will be beautiful with lots of glass. Mr. Revill inquired about how many lights would be on or inside the greenhouse as it is very visible from the water. Ms. Asanin replied that there would not be much artificial light being used in the greenhouse as the aim of the design is to capture the solar light. Chair Ruttan encouraged the applicant to seek out planning staff’s guidance prior to commencing construction for any future projects. Ms. Kaestner read the resolution for conditional approval. Chair Ruttan inquired as to whether there were any comments from Committee members regarding the application. (None heard). Resolution No. 2023-12-13 Moved by: Mike Howe Seconded by: Steve Pegrum THAT the Committee of Adjustment approves application PL-ZNA-2023-0127 for property municipally known as 1023 Koen Lane, to grant permission to enlarge the legal non-complying dwelling on the property within 30 metres of the highwater mark of Loughborough Lake, subject to conditions. Carried 10

Other Business

a)

Consent Granting Authority Report Kate Kaestner, Planning Clerk, delivered her report to the Committee. Chair Ruttan inquired as to whether there were any questions from Committee Members regarding the report. (None heard).

Page 14 of 273

Minutes of Committee Of Adjustment December, 14, 2023

11

Adjournment

a)

Resolution Resolution No. 2023-12-14 Moved by: Steve Pegrum Seconded by: Mike Howe THAT the December 14, 2023 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at 8:59 pm, to reconvene on Thursday, February 08th, 2024 at 7:00pm, or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 15 of 273

Page 16 of 273

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Page 29 of 273

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Page 30 of 273

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While the County makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

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From: To: Subject: Date: Attachments:

Christine Woods; planning Re: HEARING ON AMENDED CONSENT APPLICATION PLBDJ20220067 4797 LATIMER ROAD INVERARY January 30, 2024 10:40:32 AM image005.png image001.png image002.png image003.png image004.png

Christine Woods; Thank you for your quick and clear response. It does confirm what I and some affected neighbours believed to be the case. Commercial uses are not and should not be permitted on the property. It is reassuring to me that although the applicant is not (and has not been for some time) complying with applicable zoning regulations for the existing property at 4797 Latimer Rd Inverary, this will be addressed and corrected in an appropriate manner by our Township authorities. I (and neighbours) hope this will happen soon because the extent of the noncompliance and the appearance is steadily becoming worse. The ongoing commercial activity and equipment storage is disruptive to the enjoyment of our nearby residential properties and is an eyesore. I trust that these currently non-compliant activities and their future prohibition on the “residential” property in question will be taken into account at the hearing on 8 Feb.   Respectfully, Rick Hatton On Monday, January 29, 2024 at 04:48:53 p.m. EST, Christine Woods cwoods@southfrontenac.net wrote:

Rick, The property is in the Urban Residential – First Density (UR1) zone. The following uses are permitted in the UR1 zone: a single detached dwelling, a group home, existing agricultural uses, a public park,

Page 31 of 273

a dock, subject to approval from the appropriate authority, accessory buildings or uses to the above uses, a home occupation, a home industry, a garden suite Commercial uses are not currently permitted on the property. The Township is aware of the zoning infraction, and intends to address the matter using appropriate enforcement tools. Take care, Christine Woods RPP, MCIP Senior Planner Development Services Township of South Frontenac p:  +613-376-3027 ext. 2221 e:  cwoods@southfrontenac.net a:  4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

From: Sent: Monday, January 29, 2024 12:42 PM To: Christine Woods cwoods@southfrontenac.net; planning planning@southfrontenac.net Subject: HEARING ON AMENDED CONSENT APPLICATION PLBDJ20220067 4797 LATIMER ROAD INVERARY

Christine Woods; Thank you for the Notice of Hearing to be held on 8 February regarding the Amended Consent Application #PLBDJ20220067 for the creation of a “residential lot” at 4797 Latimer Road, Inverary. As an affected neighbour I am planning to attend the hearing but I am not very familiar with your meeting procedures etc. If you will bear with me, I have some questions which, if they can be answered prior to the meeting, might Page 32 of 273

clarify some issues in my mind concerning zoning and permitted use and will likely save time for everyone. These are just questions at this time and not a formal intervention: Is that specific property zoned residential or commercial? (I believe it is zoned Urban Residential 1). If zoned residential, are extensive commercial activities (for example by Bin There Dump That, Campbell Septic, Frontenac Septic Services etc) permitted now or in the future on an ongoing basis on that property? May junk bins, large dumpsters, portable toilets, toilet blocks etc be stored now or in the future for commercial purposes or otherwise on that property?   If this application for a “residential lot” is approved, will there be conditions applied by the Township to prohibit extensive and ongoing commercial activities, storage of toilet blocks, large commercial bins and equipment etc on the property? Respectfully, Rick Hatton

Page 33 of 273

Michelle Hannah From: Sent: To: Cc: Subject: Attachments:

Troy Dunlop June 27, 2022 2:03 PM planning Christine Woods PL-BDJ-2022-0067 - 4797 Latimer Road - comments due June 27 PL-BDJ-2022-0067 (Campbell) - Sketch Revised May 24 2022.pdf; PL-BDJ-2022-0067 (Campbell) - Application Revised May 24 2022.pdf

Follow Up Flag: Flag Status:

Follow up Flagged

Categories:

CityView Planning Attachment

Hello Christine, Reaching out to confirm that there are no concerns with Public Services regarding this severance proposal.

W. Troy Dunlop, C.E.T. Manager of Technical Services and Infrastructure Township of South Frontenac p: +613-376-3027 ext. 3333 e: tdunlop@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net

Please consider the environment before printing this email

—–Original Message—-From: planning planning@southfrontenac.net Sent: June 10, 2022 2:25 PM To: Troy Dunlop tdunlop@southfrontenac.net Subject: PL-BDJ-2022-0067 - 4797 Latimer Road - comments due June 27 Dear Troy, 1

Page 34 of 273

To: Committee of Adjustment Prepared by: Development Services Department Meeting Date: February 8, 2024 Subject:

Amended Consent Application PL-BDJ-2022-0067, Jody Campbell, 4797 Latimer Road, Storrington District

Summary This application is for the creation of a residential lot. This report recommends denial of the application as it does not conform to the Township of South Frontenac Official Plan. Specifically, the consent is not in the public interest, and may result in adverse impacts on adjacent land uses.

Background The Committee of Adjustment held a public meeting for the subject application on July 14, 2022. Staff recommended denial of the application at that time because the maximum number of consents had already been taken from the subject property. The Committee deferred making a decision on the application to provide the applicant time to consider the available options for lot creation on this property and for the applicant to decide how to proceed. The options listed during the meeting were:

  1. Continue with the consent application as is,
  2. Withdraw the consent application and apply for plan of subdivision,
  3. Apply for an official plan amendment to request Council to consider allowing additional severances from the property, or
  4. Withdraw the consent application and wait for the new Official Plan to be approved, given that it may include policies that would allow the Township to consider additional severances from the property. Designation and Zoning The subject property is designated Settlement Area and is zoned Urban Residential – First Density (UR1). Revised Proposal The original proposal was for the severed parcel to be 5.1 acres in area with 12 metres of frontage on Latimer Road and 10 metres frontage on Round Lake Road. In the amended application, the severed parcel would be approximately 4.2 acres in area with 12 metres of frontage on Latimer Road. The severed parcel contains a dwelling, a barn and several www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 35 of 273

Township of South Frontenac Staff Report - Amended Consent Application PL-BDJ-2022-0067, Jody Campbell, 4797 Latimer Road, Storrington District

outbuildings. The retained parcel would be approximately 88 acres with 20 metres of road frontage on Latimer Road, 10 metres on Round Lake Road and 130 metres on Greenfield Road. The retained parcel would be used for cultivating crops (farming) and contain an existing machine shed. Related Applications The subject property is not subject to any other applications under the Planning Act. Review This application: X Does not meet the criteria of section 51(24) of the Planning Act;  Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act); X Is not consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Conforms to the County of Frontenac Official Plan (s. 3.2 & 7.1); X Does not conform to the Township of South Frontenac Official Plan (s. 5.6 & 7.1);  Does not comply with Zoning By-law No. 2003-75 (but would comply subject to a condition requiring a rezoning); and  Has no unresolved objections/concerns raised from agencies or the public.

Property Description The subject property is in Inverary. Inverary is a Settlement Area along Perth Road in the southeast corner of the Township. The property has frontage on Latimer Road, Round Lake Road and Greenfield Road. It consists mostly of farmland. There is a treed area on the north end of the property along Greenfield Road. The south end of the property, near Latimer Road and Round Lake Road, is developed with a single detached dwelling, a barn and three storage sheds.

Department Comments Public Services reported on June 27, 2022, that they have no objection to the approval of the original consent application. They noted that the applicant obtained a permit and constructed a field entrance to the retained parcel off Latimer Road. The retained parcel would have an existing field entrance off Greenfield Road. There are no drainage concerns related to the creation of the lot. A road widening will be required. If the application were to be approved, the surveyor who prepares a reference plan would need to determine by survey the width of Latimer Road to be 20 metres (100 feet).

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 36 of 273

Township of South Frontenac Staff Report - Amended Consent Application PL-BDJ-2022-0067, Jody Campbell, 4797 Latimer Road, Storrington District

Building Services did not review the application as the severed parcel is already developed with a dwelling and sewage system. If the application were to be approved, the surveyor who prepares a reference plan would need to confirm that the sewage system is entirely on the severed parcel. Test holes were not required for the retained parcel given its large size and intended use.

Public Comments Prior to the July 2022 public meeting, one member of the public raised concerns about the ability for livestock to be reintroduced to the barn on the severed parcel, and the resulting potential impact on the groundwater which all the residential properties use for their potable water supply. This matter is discussed in the Planning Analysis. They also raised concerns about the large number of tires discarded along the eastern lot line, and asked whether tire removal could be a condition of any decision by the Committee. This matter could be addressed through enforcement of the Safe Properties By-law 2007-13. This by-law requires every property in the municipality to be kept in a neat, tidy and safe condition consistent with surrounding properties, and free from various conditions and materials include tires. Additional comments have been received related to the current use of the property for commercial purposes. The Township is aware of this matter and it is being investigated.

Planning Analysis The Provincial Policy Statement 2020 (PPS) promotes efficient development and land use patterns, and states that rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. The PPS also states that planning authorities must consider rural characteristics, the scale of development and the provision of appropriate service levels when directing development in rural settlement areas. The County of Frontenac Official Plan supports the PPS policies, encouraging the Township to promote mixed use development including residential, commercial, institutional, parks and employment areas (section 3.2). The Township of South Frontenac Official Plan also intends that a majority of new growth will be directed to existing settlement areas where it can be supported by appropriate servicing (section 5.6). The intent of the lot creation policies in Section 5.6.6 is that new lot development in Settlement Areas will generally occur by plan of subdivision. This section states that a maximum of three severances may be permitted from a lot of record existing on the day of adoption of the Official Plan where it is demonstrated that a plan of subdivision is not necessary for the orderly development of the land and will not limit such www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 37 of 273

Township of South Frontenac Staff Report - Amended Consent Application PL-BDJ-2022-0067, Jody Campbell, 4797 Latimer Road, Storrington District

development by plan of subdivision. This policy is consistent with Section 53(1) of the Planning Act. Further to this, General Consent policy 7.1(a) indicates that consents may be considered when the creation of new lots, in the opinion of the Municipality, will clearly have no adverse environmental, social or economic impact on the Township or adjacent land uses. Since the original application was heard by the Committee, there has been a change in interpretation of the date from which consents are counted due to situations that have arisen across the Township. The Official Plan was adopted by by-law on September 5, 2000. However, the Official Plan did not take effect until it was approved by the Ontario Municipal Board on November 25, 2003. There were two severances from the property between 2000 and 2003. They were granted under the Storrington Township Official Plan. There was one severance from the property after 2003. This severance counts toward the maximum of three severances that may be permitted. This means that the proposed lot may be considered through the consent process. The subject property is located in the Inverary Settlement Area, in close proximity to a community park and several local businesses. The subject property, as well as the large landholding to the west (between the subject property and Perth Road), are zoned Urban Residential – First Density (UR1). The intent of the UR1 zone is to support the orderly, large scale residential development of these lands. The existing 20 metre frontage of the subject property on Latimer Road was intentionally required by the Township through previous consents so that the frontage would have the necessary width for a road allowance for a future subdivision. The severed parcel would be approximately 4.2 acres in size, which exceeds the minimum area required by section 5.6.1 of the Official Plan. The Official Plan does not specify a minimum lot frontage for residential properties in settlement areas. However, Zoning Bylaw No. 2003-75 requires a minimum 76 metres of lot frontage. The severed parcel would be deficient in lot frontage as the 12 metres of frontage on Latimer Road would consist of a remnant section of frontage from historical severances. Existing agricultural uses (being uses that existed prior to Zoning By-law No. 2003-75) are permitted uses in the UR1 zone. The intent is to allow agricultural uses to continue on lands within a Settlement Area until such time as the lands are developed for residential purposes. As indicated above, the subject property consists of farmland that is used for cultivating crops. The existing dairy barn on the property has been unused for several years. The components that make the barn usable for a dairy operation (e.g. stanchions, gutter www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 38 of 273

Township of South Frontenac Staff Report - Amended Consent Application PL-BDJ-2022-0067, Jody Campbell, 4797 Latimer Road, Storrington District

cleaner, water lines) have been removed. However, it is the opinion of staff that the barn, with minor alterations, would be capable of housing livestock (e.g. with pens). The barn would be on the severed parcel. The provision in the Zoning By-law allowing Existing Agricultural uses in the UR1 zone would not apply to the severed parcel, as the severance would establish a new use. Allowing the barn to remain on the severed parcel would not be consistent with the PPS, County Official Plan and Township Official Plan direction that lands within Settlement Areas are to be the focus of growth and development. In particular, the severed parcel would not be large enough to support livestock and the required nutrient management. The barn, if used to house livestock, could result in compatibility issues with neighbouring existing and future residential properties (e.g. noise, dust, smell, water impacts). Within Settlement Area boundaries, Minimum Distance Separation (MDS I) setbacks are not applied to proposed new development, including new lot creation, per Section 5.35 of the Zoning By-law. Similarly, the area of the severed parcel in combination with the size of the barn would be desirable for other uses (e.g. automobile repair shop) that would not be compatible with the neighbouring existing and future residential properties. The retained parcel is proposed to maintain the existing 10 metres frontage on Round Lake Road, and the existing machine shed in that location. The property was developed as a farm and the layout of the existing buildings and structures in a concentrated area reflects the functionality and operation of the farm. It is not always possible or practicable for a lot that contains existing structures such as this to be divided in a manner that splits off existing buildings between the severed and retained parcels. It is the opinion of staff that the proposed lot configuration and maintenance of the machine shed on the retained parcel is not practical, and would lead to neighbour and land use conflicts. In addition, the barn and silo on the severed parcel would be less than 10 metres from the proposed property line, which does not comply with the Zoning By-law. A small storage building on the property line would need to be demolished. Adjusting the property line so that the barn and silo on the severed parcel and the machine shed on the retained parcel are each a minimum of 10 metres from the proposed property line would result in lot configurations that are even more impractical, and an inefficient land use pattern. Conclusion It is the opinion of staff that the application is premature and does not support the orderly development of safe and healthy communities (per PPS, Township Official Plan, and Section 51(24) (a), (b), (d) and (f) of the Planning Act). Through a plan of subdivision for the entire subject property, the 4.3 acres of the severed parcel may facilitate a more efficient subdivision layout, and could potentially yield more than one lot, or a different type of housing development, if water and sanitary servicing was found to be adequate. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 39 of 273

Township of South Frontenac Staff Report - Amended Consent Application PL-BDJ-2022-0067, Jody Campbell, 4797 Latimer Road, Storrington District

Notice/Consultation Notice of the Public Meeting was given pursuant to the requirements of the Planning Act, at least 14 days before the meeting. This included notice given: • • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation It is recommended that amended application PL-BDJ-2022-0067 be denied. Submitted By: Christine Woods, RPP, MCIP, Senior Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 40 of 273

Page 41 of 273

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Page 56 of 273

Separation

Applications for consent (lot creation)

Roll#: 1029-060-010-02102

Unaddressed parcel fronting Sydenham Road

Distance

(MDS)

Publication 853 provides two classes of MDS formulae: MDS l and M DS ll. MDS l applies the setbacks between proposed new development and existing livestock facilities. MDS ll applies to setbacks from new, enlarged, or renovated livestock facilities and existing or approved development. The owner of the subject property is seeking to subdivide the parcel into a total of four (4) separately conveyable parcels, maintaining the existing livestock facility and accessory structures on the proposed retained parcel (fronting Sydenham Road) while establishing three (3) vacant parcels suited for residential development fronting Horning Road. Based on the Planning Act application (Section 53), the proposal is subject to MDS l consideration.

This Minimum Distance Separation (MDS) Assessment utilizes the 2017 MDS formulae as provided in Publication 853 issued by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Publication 853 includes the definitions, implementation guidelines and factor tables (i.e., calculations) which collectively make up the MDS formulae referenced in the Provincial Policy Statement (PPS), as well as additional information to assist with the interpretation and application of the MDS formulae. The calculations are completed using the AgriSuite software supplied by OMAFRA, while the definitions and guidelines provide necessary direction to interpret and apply the calculations.

RE:

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Page 57 of 273

Figure 1 Subject Property

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Although the buildings on the subject property fail to accommodate livestock currently, the

A site visit was completed Friday, June 23, 2023, to confirm the required parameters associated with the livestock facility. During the site visit, the author spoke with the owner (Neil Carey), who toured the property and confirmed the lack of livestock on—siteand the conversions which took place years past to support the agricultural equipment sales use. The former livestock facility has and currently functions as a machinery storage facility.

The property known municipally as 2217 Horning Road located on the south side of Horning Road, immediately west of the Homing Road & Sydenham Road intersection. The subject property measures approximately 40.0 hectares in area and is developed with a single detached dwelling, unoccupied livestock facility and multiple accessory structures. The subject property is the home of Carey Equipment Sales, which sells agricultural equipment (see Exhibit A Livestock Facilities Photos). Although the subject property maintains multiple accessory structures and a livestock facility, the unoccupied livestock facility has been converted internally to support the agricultural equipment sales use, no longer capable of housing livestock.

LivestockFacility#1: 2217 Homing Road

Figure 3 delineates the livestock facilities described above so that spatially, there location as it relates to the subject property is better understood and represented visually.

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The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use

A site visit was completed Friday, June 23, 2023, to confirm the required parameters associated with the livestock facility; which included obtaining multiple photos of the structure to augment previous discussions with the owner of the lands, Mr, Bert Hughson (see Exhibit B Livestock Facilities Photos).

The livestock facility measures (15.5m x 11.0m) 170.5 square metres that is a wood framed structure clad in wood siding. Notwithstanding the total livestock facility area, the owner pastures 25 beef backgrounders on the subject property, with limited access to the structure. The subject property currently maintains 58.5 acres, whereas should the proposed consent applications be approved the proposed retained parcel would be approximately 51.0 acres. The northernmost structure is an open building that is used for storage, not livestock. The southernmost building is utilized for both hay and equipment storage, therefore exempt from being included in the total livestock facility area for the purposes of the MDS calculation.

The subject property located at the northwest corner of Sydenham Road & Horning Road is unaddressed. The subject property is currently development with a livestock facility, that is located immediately adjacent to Sydenham Road, along the easternmost boundary of the land holding. The existing livestock facilities are proposed to be maintained through the processing of these Consent applications and entirely located on the proposed retained parcel. The subject property is currently utilized for beef cattle pasturing, while the livestock maintains access to the existing livestock facility for shelter.

LivestockFacility#4: unaddressedSydenham Road(retained parcel)

experienced multiple additions over the past decades, most recently in 2020. Through discussions with the owner, it was confirmed that the livestock facility is designed to accommodate 35 dairy cattle (see Exhibit B Livestock Facilities Photos). The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use parameters summarized above, a required MDS setback of 370 metres was yielded using OMAFRA AgriSuite software (see Exhibit A M DS Calculation) as it relates to the livestock facility and 433 metres was yielded from the manure pit. The proposed severed parcels on the subject property are located on the southern extent of the lands, fronting Horning Road, which are well beyond the MDS l setback generated from the livestock facility located at 3113 Sydenham Road. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through this consent application.

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Structure Photos

Figure 1 Subject property &equipment sale yard fronting Homing Road

A: MDS Assessment

2217 Horning Road

Exhibit

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2989 Sydenham Road

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3113 Sydenham Road

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Figure 24 —

interior ofsouthernmost structure on the subject property

used forstorage

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Date (mmm-dd-yyyy)

27 June 2023

Agrisuite

© King’s Printer for Ontario, 2012-23

The Ontario Ministry of Agriculture, Food and RuralAffairs (OMAFRA)has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwill be considered to be the of?cial version for purposes of calculating MDS. OMAFRA is not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. Alldata and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

613-453-2715 jason@theb|vdgroup.ca

Kingston, ON

Preparer contact information Jason Sands The Boulevard Group

Preparer signoff & disclaimer

6/27/23, 8:57 PM

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Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

© King’s Printer for Ontario, 2012-23

The Ontario Ministry of Agriculture, Food and Rural Affairs(OMAFRA) has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. All data and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715 jason@theb|vdgroup.ca

Preparer signoff & disclaimer

6/27/23, 8:49 PM

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Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

© King’s Printer for Ontario, 2012-23

The Ontario Ministry of Agriculture, Food and RuralAffairs (OMAFRA)has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. Alldata and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

jason@theb|vdgroup.ca

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715

Preparer signoff & disclaimer

6/27/23, 8:43 PM

January 23, 2024 The BLVD Group Attention: Jason Sands, MCIP, RPP (Planner) Hydrogeological Proposal: Application: PL-BDJ-2023-0080, Sydenham & Horning Road CCR Environmental Reference #A0168

Mr. Sands We have reviewed the application, Notice of Deferral and understand the concerns filed by residents. What we propose is to conduct individual pumping tests on each proposed lot and subject well. A review of available MECP well records and discussions with local well drillers will be conducted to determine appropriate well type (Drilled or Dug/Blasted). Neighbouring residents within 300 metres of the proposed wells/Lots will be invited to participate in the pumping tests to ensure no significant well interference is observed. The pumping tests will be conducted at a minimum rate of 13.7 L/min over 6-hours (drilled wells) or > 35 L/min for 4hours (dug/blasted wells). After determination of 0-chlorine residual, water samples will be collected from the subject test wells within the last hour of pumping. The samples will be collected in laboratory supplied bottles and submitted to an accredited laboratory for analysis of MECP D-5-5 water quality parameters. In addition, nitrate dilution of private sewage disposal systems will be assessed per MECP D-5-4 guidelines. The work, including conclusions and recommendations will be provided in a written report. To ensure the proposed development is sustainable we recommend that the testing be conducted during a low base flow (Dry Conditions) period between July and early October. If there are any further questions or clarifications requested, please do not hesitate to contact the undersigned, Yours Truly, CCR Environmental

Christopher C Rancourt, M.Sc., P.Geo. Page 1 of 2 Page 70 of 273

Senior Geoscientist, Hydrogeologist, President

Page 2 of 2 Page 71 of 273

Noah Perron From: Sent: To: Cc: Subject:

John Pyke January 24, 2024 10:28 AM Christine Woods Noah Perron RE: Request for help with Terms of Reference

Hi Christine, I have reviewed the proposal from CCR Environmental. In my opinion the proposal will assess well yield, water quality and the potential for interference. The proposal notes that it recommends doing the work during a time of year that may be seasonally dry. We would recommend that the report generated by the work be reviewed by a qualified hydrogeologist. Let me know if you have any questions. Best Regards,

John Pyke, P.Geo.

Malroz Engineering Inc.

From: Christine Woods cwoods@southfrontenac.net Sent: Wednesday, January 24, 2024 8:58 AM To: John Pyke Cc: Noah Perron nperron@southfrontenac.net Subject: Re: Request for help with Terms of Reference

John, Further to our conversation in December about consent applications that need a work plan for a hydrogeological assessment, I am providing the attached proposal from CCR Environmental for your review. I have also provided some info about on the applications. It would be greatly appreciated if you could provide feedback by February 1 st. However, we recognize this may be a tight turnaround and you have lots of other work to do, so please let me know if you will need more time. Please let me know if you have any questions, or want to discuss. Thank you for your help.

1

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Noah Perron From: Sent: To: Cc: Subject:

Herman Cornel August 17, 2023 7:24 AM planning Del Blakney Notice of Consent Applications: PL-BDJ-2023-0080/81/82

Follow Up Flag: Flag Status:

Follow up Completed

Kate Kaestner: Hi, I’ve been informed by a neighbour of the subject application for severance by applicant Herbert Hughson and its deadline for comments (2023Aug28) and therefore I am writing to you as the notice indicates with my comments/concerns. With well water being a well known issue on Horning, both in quantity and quality, having more homes on Horning Rd raises our concern about more new wells affecting our existing wells. Is it correct that now or in the near future lots of 2.5acres in size, as being proposed here, will be permitted to have two homes each, making these three lots possibly to include six homes, not just three? Is there a requirement for the applicant to provide a well water study to convince/assure the existing residents that our wells will not be affected? What is the plan to assure the existing residents of Horning Rd that our wells will not be affected by this development? I trust that this written email is adequate to fulfill the requirements for “comments or objections to this application” and I look forward to any feedback on this important matter. Further, as stated in the subject notice, I request to be notified of the application decision and I assume this e-mail written request is sufficient for such a request. Also as stated in the subject notice, I request the public record of this communication NOT include my “postal address, telephone number and e-mail address” and I assume this e-mail written request is sufficient for such a request.

/Herman Cornel

1

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Noah Perron From: Sent: To: Subject:

Jim Neeson August 21, 2023 1:24 PM planning Notice of Consent Applications PLBDJ20230080 ,PLBDJ20230081 , &PLBDJ20230081

ATT; Noah As a resident of Horning Road for over 35 years, I strongly object to this severance application. The only reason is the lack of a constant water supply. When I moved here on September 1 st 1988 , the well was dry for several weeks. When I went to Ministry of the Enviroment of Ontario on October 16 ,2 012 to obtain a copy of the well record. There was only one well record which is dated February 28 ,1983. The person dealing with my application at the Ministry of the Enviroment stated the he would never built a house there because of this well report. I applied to MPAC for a lower evaluation of my house due to at least 3 months of having a dry well . I received a lower evaluation. The well being dry is also full of Sulpher when I do have water. It must be noted that a resident of City of Kingston who lives almost across the street from this location had a well drilled and went down over 200 feet and came up dry. Apparently he spent $20,000.00 Yours truly Jim Neeson Sent from Mail for Windows

1

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Noah Perron From: Sent: To: Subject:

Jay Clayton August 21, 2023 5:38 PM planning Land severance

Follow Up Flag: Flag Status:

Follow up Completed

Kate Kaestner Secretary-Treasurer, Committee of Adjustment P.O. Box 100, 4432 George Street Sydenham, Ontario K0H 2T0 I am writing with reference to the application PLBDJ20230080, PLBDJ20230081 and PLBDJ20230082. I live at 2392 Horning Road. The water situation is already taxed in my area, in which I am forced to primarily use my cistern as a water source. The severance will make this much worse for all involved. Thanks for your concern, Jason Clayton 2392 Horning Road Elginburg, ON K0H 1M

1

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Katherine Christmas and Peter Raftis 2328 Horning Road Elginburg ON. KH 1M0 Kate Kaestner Secretary-Treasurer, Committee of Assessment South Frontenac Township PO Box 100 4432 George Street Sydenham ON K0H 2T0 Re:

NOTICE OF CONSENT APPLICATIONS PLBDJ2023-0080, 0081 & 0082 (Horning Road) (HERBERT HUGHSON AND THE BOULEVARD GROUP)

Further to our letter delivered to your office on August 17, 2023, it has been brought to our attention that South Frontenac Township does not measure well recovery rates1, 2 on newly drilled wells but rather you measure volume only. If this true, this is a foolhardy and shocking approach to responsible ground water management. According to the Government of Ontario, Ministry of Environment and Energy’s guidelines “the recovery water levels must be measured and recorded 3 - simply recording and measuring well pumping rates is not enough. We are aware that our neighbours on Horning and Sydenham Roads are all deeply concerned about this issue and we hope that you will take all factors into consideration before allowing this atrocity to continue with regard to and further drilling of wells on this road. Sincerely, Katherine Christmas and Peter Raftis 2328 Horning Road, Elginburg ON K0H 1M0

1 Well Recovery Rate is the rate at which water runs into the well from the rock fissures and openings into the

lower portion of the well below the steel casing, while we’re pumping water out of the well. Some other terms for well recovery rate include well yield, well flow rate, and well water quantity. Recovery is the rate, in gallons per minute, at which water in the well returns to its static water level after the pump is turned off. The recovery rate is another estimate of well yield. To get this data, the driller measures depth to water in the well immediately at the end of the test. This is the drawdown. Then, at some later time, say one hour, depth to water is measured again. From this information, the driller figures the amount the water level rose in the well (e.g., the length of the water column) in that period of time. This is the recovery of the well.

2 (Estimating Private Well Yields using DEM’s Well Completion Report and Pumping Test Information)

https://www.mass.gov/doc/estimating-private-well-yields-0/download 3 Government of Ontario, Ministry of Environment and Energy

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From: To: Subject: Date:

planning Attention Kate Kaestner re: PLBDJ2023-0080, -0081 and 0082 August 19, 2023 2:38:19 PM

Greetings. I write concerning plans for the serverence of land in South Frontenac near my home at 2247 Horning Rd. and the possible residential development of that land. That I am aware of, there are three homes on the south side of Horning Rd., my home being one of them, that have water cisterns. In my case, the presence of the cistern ensured my water supply during a severe summer drought in the 1990s when supply was quite limited. Though I haven’t had to use it since, it is reassuring to know that it is there. Since that time, the city of Kingston has prohibited any new cisterns from being installed. Therefore, any significant increase in the demand for ground water could leave at least some of the current residents of Horning Rd. with a dramatic decline in available water that could not be overcome by having current cisterns maintained or new ones installed, the expense aside. I have no difficulties with residential development of any land that is not useful for farming or conservation purposes. However, the supply of water is critical and will the developer guarantee that that supply will be maintained? Yours truly, Anita Smith Down 2247 Horning Rd., Elginburg, ON, K0H 1M0

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From: To: Subject: Date: Attachments:

planning; Kate Kaestner; Noah Perron Re: Township of South Frontenac Committee of Adjustment Meeting: Thursday, February 8, 2024 February 5, 2024 8:06:36 AM image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png

Hi Kate/Noah, I’d like to ask to reserve a place for me at the Feb8 meeting as I plan to be present at the Town Hall. Thank you. Ref: PL-BDJ-2023-0080/0081/0082 I certainly do not have any expertise in the area nor am I aware of the depth of any previous discussions on this topic on the Township’s and Hydro geologist’s sides. However, knowing our (the neighbour’s) concerns and the concerns of members of the Committee of Adjustment raised prior to and during the 2023-12-14 meeting, I find the proposal and the review comments of it rather superficial. I was hoping for more specific details and rationale for elements of the testing program and hope answers to the following can be provided. Comments to the ‘Hydrogeological Proposal’ by CCR Environmental (2024-01-23):

General: During the 2023-12-14 Committee of Adjustment meeting it was suggested that the Township’s retained Hydrogeologist attend the next meeting to address any further questions relating to this subject or both the township’s and applicant’s Hydrogeologist attend. Is this the plan for the 2024-01-08 meeting? If not, why not? During the 2023-12-14 Committee of Adjustment meeting, it was suggested that during the actual well testing the Township’s retained Hydrogeologist be present and not just conduct a desktop paper review of the final well testing report. There is no mention of this in the proposal. Is this the plan for the testing? If not, why not? Regarding the proposal: 1.       The proposal subject lists only PL-BDJ-2023-0080 and does not list -0081 and -0082. Is this proposal to be understood to encompass the three applications and the remaining parcel (i.e. the 57.5 acres)? 2.       Although the MECP D-5-5 and D-5-4 guidelines are mentioned for water quality and nitrate dilution respectively, there is no mention that the water quantity testing is to be done in accordance with MECP D-5-5 guidelines or what guideline is to be used. What standard or guideline is to be followed for water quantity testing? 3.       The MECP D-5-5 guideline for water quantity testing indicates for parcels between 1525 hectares (37.1-61.8 acres) have a minimum of 4 test wells. This parcel is 57.5acres and the proposal proposes “…to conduct individual pumping test on each proposed lot and subject well.” Does this mean only 3 water quantity well tests? Does this mean each well test will be done independently of the other well tests? With the scarcity of water in this area and the understanding that the highest water usage of households occurs more or less simultaneously (mornings & early evenings), what is the explanation for such few and independent tests? 4.       The proposal states a review of MECP well records etc. “…will be conducted to

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determine appropriate well type…”. If such a review has yet to be done how has the 300m radius for well interference been arrived at? 5.       In regard to test well recovery and neighbouring well drawdown and recovery is the MECP D-5-5 the guideline to be followed? 6.       The pump rate of 13.7L/min for 6hrs is detailed in the MECP D-5-5 guideline. How is the 35L/min for 4hrs for a dug/blasted well arrived at? 7.   Recognising that early September rains may skew the results from the norm, what are the criteria for deciding when to test?

Thank you, Herman Cornel Horning Rd.

On Thu, Feb 1, 2024 at 2:36 PM planning planning@southfrontenac.net wrote: Good afternoon, This email is to notify you that the South Frontenac Committee of Adjustment February 8th, 2024 meeting Agenda has been posted on the Township website, please find the link below. You are receiving this email if you are an applicant or agent and have an application scheduled on the upcoming agenda or have provided comments regarding an application that will be heard at this meeting. The Committee of Adjustment meeting is scheduled for Thursday, February 8th, 2024, at 7:00pm and will be held both virtually via Zoom and in-person at Council Chambers (Town Hall, 4432 George Street, Sydenham). All applicants are encouraged to follow the link to register as a participant for the virtual meeting prior to the meeting date or advise the Secretary-Treasurer if they would like to attend in-person (if you have not already done so). Please note, inperson attendance is limited to the number of seats available in council chambers, so please ensure you reach out to me to secure your spot. The meeting will also be streamed live on our Facebook page if you only wish to watch – the link can be found in the agenda. Committee Of Adjustment Agenda: Meeting Agenda - Committee of Adjustment February 8, 2024

Link to register as a participant in the Committee of Adjustment meeting: February 8, 2024 CoA Meeting - Zoom Registration Link Page 92 of 273

For your respective application, please review the planning report and commenting agency letters in advance of the meeting. If you have any questions regarding the reports, please contact the Planner assigned to the file (contact information below), in advance of the meeting. Please let me know if you have any questions or concerns regarding the upcoming meeting. If you have previously looked at the agenda, you may need to clear the cache/delete the history in order to see the most recent updates. Sincerely,

Kate Kaestner (x2224), Christine Woods (x2221), Tom Fehr (x2350), and Noah Perron (x2357)

Kate Kaestner Planning Clerk Development Services Department Township of South Frontenac p:  +613-376-3027 ext. 2224 e:  kkaestner@southfrontenac.net a:  4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

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Page 94 of 273

Report from Public Services PL-BDJ-2023-0080 Application Number: ___________________________________________________ Hughson Herbert Seth Applicant’s Name: _____________________________________________________

7 14 Storrington Lot: _______________District:



Concession: _________________ Horning Road Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

Sight Lines: Are there adequate sight lines for the entrance?

✔ Yes □

No □

If no, what changes would be required to improve sight lines? RETAINED PARCEL: ADEQUATE ENTRANCE SIGHT LINES. SEVERED PARCEL: ADEQUATE ENTRANCE SIGHT LINES

Road Conditions:

  1. Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?

This is a boundary road with the City of Kingston who have been circulated on this file. Existing drainage conditions flow through this property which cannot be adversely affected. Applicant is required to submit a grading and drainage plan for approval which addresses drainage from the existing cross culvert at this location

  1. Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

Road Widening Required? ✔ To be determined by an Ontario Land Surveyor □ Yes □ No □ Any specific requirement?

Local road - rural classification. Ensure that there is a 20m (66ft road allowance) otherwise applicant to dedicate any shortfall of 10m from centerline.

Approved by the Public Services? ✔ Yes □ Yes, with conditions □ No □ If yes, with conditions, please describe conditions below.

Refer to drainage comments


Signature on behalf of Public Services

2023-09-13


Date

Page 95 of 273

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: February 8, 2024 Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & Subject: PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Summary These applications are for the creation of three new rural residential lots. The applications have unresolved objections/concerns raised by the public. For this reason, the Committee of Adjustment is being asked to make a decision on the consent applications. This report recommends approval of the applications.

Background The purpose of these applications is to create three new rural residential lots. The retained parcel is intended to be used for agricultural purposes. History The Committee of Adjustment held a public meeting for the subject applications on December 14, 2023. The Committee deferred making a decision on the applications to allow the applicant time to retain a hydrogeologist and prepare a work plan for the hydrogeological assessment required as a condition of approval. The applicant provided the Township a copy of the work plan prepared by CCR Environmental (Dated January 23, 2024), which was preliminarily reviewed by the Frontenac County’s retained Hydrogeologist. The Committee of Adjustment is now being asked to make a decision on the applications at the public meeting on February 8, 2024. Application Details

Area (Ac)

Severed Parcel 1 (PL-BDJ-20230080)

Severed Parcel 2 (PL-BDJ-20230081)

Severed Parcel 3 (PL-BDJ-20230082)

Retained Parcel

2.5

2.5

2.5

50.0

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 96 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Frontage on Horning Road (m)

80

80

80

250.0

Frontage on Sydenham Road (m)

0

0

0

845.0

Designation and Zoning The subject property is designated Rural in the Township Official Plan. The property is zoned Rural (RU) in Zoning By-law No. 2003-75. Related Applications The lands are not subject to any additional application under the Planning Act. Review ✔ Conforms to section 51 (24) of the Planning Act; ✔ Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act); ✔ Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act); ✔ Conforms to the County of Frontenac Official Plan (s. 3.3 & 7.1); ✔ Conforms to the Township of South Frontenac Official Plan (s. 5.7.4 & 7.1); ✔ Does not comply with Zoning By-law No. 2003-75; and X

Has unresolved objections/concerns raised from agencies or the public.

Property Description The subject property is approximately 57.5Ac in area with 490m of frontage on Horning Road and 845m of frontage on Sydenham Road. Horning Road exists at the southernmost extent of Township and is a shared boundary with the City of Kingston. The property contains three www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 97 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

livestock barns adjacent to Sydenham Road along the eastern lot line. The primary use of the property is beef cattle pasturing, with the existing barns being used for shelter. With the exception of the southwest corner, which is densely covered in mature tree and vegetation growth, a majority of the subject property is cleared. Topographically, the property is mostly flat but varies slightly. For example, the southwest corner is elevated slightly from the remainder of the property. Additionally, there is an existing drainage channel which flows through the bottom half of the property east across Sydenham Road, towards an existing wetland feature on an adjacent property. Finally, the surrounding area consists mainly of rural residential and agricultural land uses.

Department and Agency Comments Public Services provided their comments on September 13, 2023. Public Services have no objection to the approval of the three consent applications. It was noted that there are adequate sight lines to permit entrances from Horning Road for the three severed parcels and the retained parcel. Public Services staff also noted that Horning Road is a boundary road with the City of Kingston and existing drainage conditions cannot be adversely impacted. For this reason, the applicant will be required to submit a grading and drainage plan which addresses drainage from the existing cross culvert. Road widening is to be determined by an Ontario Land Surveyor. Any shortfall of the 20m road allowance, measured 10m from the centreline of Horning Road, shall be dedicated for the severed lots. Building Services provided their comment on November 29, 2023. Staff had no objection with the approval of the three consent applications. Staff noted that additional suitable granular soil would be required to accommodate the installation of sewage systems on the three severed lots. The specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. Finally, staff noted that the proposed severed lots are capable of providing flexibility in locating a sewage system. Cataraqui Conservation conducted a joint site visit with Township Planning staff to assess the subject lands for natural heritage features. During the site visit it was determined that no natural heritage features were present. For this reason, Cataraqui Conservation Staff indicated that they would not require formal circulation on the applications.

Public Comments All three consent applications were circulated for public comment on August 11, 2023. During the 14 day comment period, Township Planning Staff received approximately fifteen (15) letters objecting the proposed severances. The primary concerns outlined within the letters of objection included, but were not limited to, water availability, water quality, lack of groundwater studies, the need for hydrogeological studies and potential compensation www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 98 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

should the newly created lots adversely effect existing wells. Planning Staff elaborate on how these concerns are to be addressed in a later section of this report. Members of the public were in attendance during the December 14th Committee meeting to provide comment on the proposed severance applications. The comments received during the meeting were similar to those outlined in the submitted letters of objection. Specifically, several questions were received regarding the requirements for the Hydrogeological Assessment. Members of Committee took these comments into consideration and determined that additional detail regarding the Hydrogeological Assessment should be submitted prior to a decision being made. Planning Staff elaborate on how these concerns are to be addressed in a later section of this report.

Submitted Documentation In support of the application, the applicant has submitted a Hydrogeological Proposal prepared by CCR Environmental (Dated January 23, 2024). The proposal outlines the work to be conducted for the Hydrogeological Assessment required as a condition of consent approval. The Proposal outlined the following: • Individual pumping tests for each proposed lot and subject well; • Review of available well records and discussions with local well drillers to determine appropriate well type; • Neighbouring residents within 300m of the proposed wells/lots will be invited to participate in the pumping test to ensure no significant well interference is observed; • Pumping tests will be conducted at a minimum rate of 13.7 L/min over 6-hours for a drilled well or > 35 L/min for 4-hours for a dug or blasted well; • Water samples will be collected form the subject test wells within the last hour of pumping and will be submitted to an accredited laboratory for analysis of MECP D-55 water quality parameters; • Nitrate dilution of private sewage disposal systems will be assessed per MECP D-5-4 guidelines; • Testing to be conducted during a low base flow period between July and early October.

Planning Analysis Minimum Distance Separation from Livestock Facilities In conformity with the Provincial Policy Statement, the Township Official Plan requires all division of land for non-farm uses to comply with the Minimum Distance Separation Formulae I (MDS I) (Section 7.1 (I)). The Township Zoning By-law also requires residential development to comply with MDS.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 99 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Township Planning Staff identified six livestock facilities within 750m of the proposed severed lots which warranted further investigation. Three of the six facilities exist on the retained parcel, with only one being used to shelter livestock. The applicant’s agent calculated MDS I setbacks for three facilities and provided evidence that the facility located at 2217 Horning Road and the two remaining facilities on the retained parcel no longer house livestock. The following table identifies the actual and required MDS I setbacks for livestock and related manure storage. Location of Livestock Barn and Manure Storage

Actual Distance from Livestock Barn to Nearest Severed Parcel (Metres)

Minium Required MDS I Setback (Metres)

2989 Sydenham Road

472

235

3113 Sydenham Road

715

433

Retained Parcel

253

233

The applicant’s agent submitted an MDS package which included a description of each facility, results of on-site investigation, MDS I calculation sheets and photographs. Using this information, Township Planning Staff created sketches that confirmed a development enveloped on all three severed parcels that would meet the required MDS I setbacks, in addition to all other required zoning setbacks. Rural Residential Development The PPS allows growth and development to be directed to rural lands, including lot creation that is locally appropriate. The County Official Plan and the Township Official Plan permit residential development in the Rural Designation. Section 5.7.4 of the Official Plan indicates that a maximum of three rural residential lots may be created by consent from landholdings provided that the new lots meet the General Consent Policies, as well as other applicable policies. The subject property has existed in its current configuration since July 17, 1981. As no lots have been severed since the adoption of the Township Official Plan, the subject property is eligible for a maximum of three severed lots. Section 5.7.4 of the Official Plan requires the frontage, size and shape of any lot created for rural residential purposes through the severance approval process to be appropriate for the proposed use and to comply with the requirements of the Zoning By-law. All three severed www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 100 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

parcels and the retained parcel would satisfy the requirements for a minimum lot area of 0.8 hectares and minimum 76 metres of frontage on a public road. General Consent Policies Sections 6.10.3 and 7.1(s) of the Official Plan indicate that where applicable, the applicant will provide sufficient information to substantiate that all lots created have a source of potable water and appropriate sanitary sewage disposal facilities in accordance with current regulations to the satisfaction on the Township. The Owner demonstrated to the satisfaction of Building Services that the severed parcels would have the ability to be serviced by private sewage disposal systems. The Township typically requires the ability of a lot to be serviced by a private well to be demonstrated as a condition of consent approval. The condition requires the submission of a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test. Given the concerns raised by the public, Township Planning Staff conducted an independent review of well records along Horning Road. This review found that several wells along Horning Road were pumping at rates less than or equal to 3.5 gallons per minute. In light of this review and supportive official plan policies, it was determined that a more detailed demonstration should be required. For this reason, a recommended condition of approval is to require the applicant to submit a Hydrogeological Assessment completed by and signed and stamped by a Hydrogeologist (P. Eng. or P. Geo.). The assessment must be prepared in accordance with D-5-5 Private Wells: Water Supply Assessment, include the standard 6-hour pump test, address groundwater quality and quantity, and the potential for impact to adjacent water well users and properties. In support of the proposal, the applicant has submitted a “Hydrogeological Proposal” prepared by CCR Environmental (Dated January 23, 2024). The Hydrogeological Proposals serves as a work plan for the assessment and outlines the scope of review and technical details related to pumping rates, draw down interference, water quality and the time of year when field work would be conducted. The submitted Hydrogeological Assessment will be prepared in accordance with the submitted proposal and will need to be peer reviewed by the County’s Hydrogeologist. A satisfactory Hydrogeological Assessment would be required to clear the condition, and for Certificates of Official to be issued for the proposed severed lots. Conclusion The severed parcels would be consistent with the Provincial Policy Statement and conform to the County Official Plan and Township Official Plan, provided that a satisfactory Hydrogeological Assessment is produced that demonstrates an adequate supply of potable water is available for each of the new lots and no unacceptable impacts to adjacent water well users and properties. The severed parcels would also comply with Zoning By-law No. 2003-75. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 101 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • • •

by mail to every owner of land within 60 metres of the subject lands by posting on the Townships Current Planning Applications webpage by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Recommendation It is recommended that applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 and PL-BDJ2023-0082 be approved for consent for the creation of three new rural residential lots from property legally described as PT Lots 14-15 CON 7, Storrington District (ARN: 102906001002102), each subject to the following conditions: Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  2. The lands to be severed by Consent Applications PL-BDJ-2023-0080, PL-BDJ-20230081 and PL-BDJ-2023-0082 shall be for the creation of three new residential lots each with a minimum of 2.5Ac of area and a minimum of 80m of frontage on Horning Road. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The surveyor or applicant shall submit the draft Reference Plan(s), including an area calculation and noting frontage along the roads, electronically or in paper form for www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 102 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening 5. The surveyor who prepares the reference plan(s) referred to in Condition #3 and #4 shall also determine by survey the width of Horning Road to be 20m. If such a width is less than 20m, the owner shall dedicate to the Township land along the frontage of each of the severed lands in the following manner as required: a. The land to be dedicated shall be the width required to provide 10m from the centre of the existing travelled road for Horning Road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the issuance of the Certificate of Official; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements

  1. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official.
  2. The Township of South Frontenac shall receive 5% of the value of the three (3) severed parcels, in lieu of parkland [Planning Act, s. 51(1)].

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 103 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

  1. The Owner shall submit a Hydrogeological Assessment that demonstrates an adequate supply of potable water is available for each severed parcel and no unacceptable impacts to adjacent water well users and properties, to the satisfaction of the Township. The Hydrogeological Assessment shall be prepared in accordance with the Township’s Standards for Hydrogeological Assessment and the Hydrogeological Assessment Proposal prepared by CCR Environmental (Dated January 23, 2024). In determining whether the assessment is satisfactory, the Township shall require the submitted Hydrogeological Assessment to be peer reviewed. The peer review process shall be initiated by the Township but will be at the cost of the Owner.
  2. In the event that there are abandoned wells located on the three (3) severed parcels or the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  3. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcels to address the development of the lot, including requirement for an entrance permit, as well as a lot grading and drainage plan to be submitted at the building permit stage. Zoning
  4. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality.

Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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Page 104 of 273

Page 105 of 273

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Page 116 of 273

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actin g accurate enter

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include all legal, engineering, planning, Municipality to the process application from or connection in with the Municipality to appear at the hearing of any to appeal the Ontario Delegated Decision of or Council, Committee of Adj as the ust case hearing nway be, the applicant’s application. me nts, The Owner/Applicant further to agrees the Municipality, provide upon and request has been application appealed to the Ontario Land Tribunal, with a (over deposit and fee). application from which the Municipality from time may, to time charge f any incurred by the prepare to for Municipality and participate the hearing. in such e If exceed the e the deposit, Owner/Applicant shall pay the difference forthwith upon s municipality, with interest the at rate of 1 .25”/o month (15%: per annum) per on accounts than 30 days.

limiting Without the foregoing, fees and charges incurred costs expenses and arising by the requested applicant, decision of the any Council, designated approval authority,

hereby applicant agrees to indemnify and save harmless The Corporation th of South Frontenac (“the from Municipality”) all costs and expenses that the Municipality e with connection the processing the of applicant’s for application under approval the

The

Attached representing required

land.

deed ed

the

APPLICAJK

the location of QN demonstrate legal

CONSENT show

being the registered owner(s) property and/or agent information recorded in this Consent Application Form is the of Township and relevant commenting agencies may purpose of determining the appropriateness of the site for the

Wells

easement

the

water

SOUTH

is by and

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Page 117 of 273

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Page 118 of 273

‘ALH

SOUTH FRONTENAC PL-BDJ-2023-0080/81/82

(HUGHSON) (THE BOULEVARD GROUP) HORNING ROAD & SYDENHAM ROAD Legend

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Page 119 of 273

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Page 120 of 273

Separation

Applications for consent (lot creation)

Roll#: 1029-060-010-02102

Unaddressed parcel fronting Sydenham Road

Distance

(MDS)

Publication 853 provides two classes of MDS formulae: MDS l and M DS ll. MDS l applies the setbacks between proposed new development and existing livestock facilities. MDS ll applies to setbacks from new, enlarged, or renovated livestock facilities and existing or approved development. The owner of the subject property is seeking to subdivide the parcel into a total of four (4) separately conveyable parcels, maintaining the existing livestock facility and accessory structures on the proposed retained parcel (fronting Sydenham Road) while establishing three (3) vacant parcels suited for residential development fronting Horning Road. Based on the Planning Act application (Section 53), the proposal is subject to MDS l consideration.

This Minimum Distance Separation (MDS) Assessment utilizes the 2017 MDS formulae as provided in Publication 853 issued by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Publication 853 includes the definitions, implementation guidelines and factor tables (i.e., calculations) which collectively make up the MDS formulae referenced in the Provincial Policy Statement (PPS), as well as additional information to assist with the interpretation and application of the MDS formulae. The calculations are completed using the AgriSuite software supplied by OMAFRA, while the definitions and guidelines provide necessary direction to interpret and apply the calculations.

RE:

July 2023

Assessment

Minimum

QLVD.

Page 121 of 273

Figure 1 Subject Property

Page 122 of 273

Although the buildings on the subject property fail to accommodate livestock currently, the

A site visit was completed Friday, June 23, 2023, to confirm the required parameters associated with the livestock facility. During the site visit, the author spoke with the owner (Neil Carey), who toured the property and confirmed the lack of livestock on—siteand the conversions which took place years past to support the agricultural equipment sales use. The former livestock facility has and currently functions as a machinery storage facility.

The property known municipally as 2217 Horning Road located on the south side of Horning Road, immediately west of the Homing Road & Sydenham Road intersection. The subject property measures approximately 40.0 hectares in area and is developed with a single detached dwelling, unoccupied livestock facility and multiple accessory structures. The subject property is the home of Carey Equipment Sales, which sells agricultural equipment (see Exhibit A Livestock Facilities Photos). Although the subject property maintains multiple accessory structures and a livestock facility, the unoccupied livestock facility has been converted internally to support the agricultural equipment sales use, no longer capable of housing livestock.

LivestockFacility#1: 2217 Homing Road

Figure 3 delineates the livestock facilities described above so that spatially, there location as it relates to the subject property is better understood and represented visually.

Page 123 of 273

The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use

A site visit was completed Friday, June 23, 2023, to confirm the required parameters associated with the livestock facility; which included obtaining multiple photos of the structure to augment previous discussions with the owner of the lands, Mr, Bert Hughson (see Exhibit B Livestock Facilities Photos).

The livestock facility measures (15.5m x 11.0m) 170.5 square metres that is a wood framed structure clad in wood siding. Notwithstanding the total livestock facility area, the owner pastures 25 beef backgrounders on the subject property, with limited access to the structure. The subject property currently maintains 58.5 acres, whereas should the proposed consent applications be approved the proposed retained parcel would be approximately 51.0 acres. The northernmost structure is an open building that is used for storage, not livestock. The southernmost building is utilized for both hay and equipment storage, therefore exempt from being included in the total livestock facility area for the purposes of the MDS calculation.

The subject property located at the northwest corner of Sydenham Road & Horning Road is unaddressed. The subject property is currently development with a livestock facility, that is located immediately adjacent to Sydenham Road, along the easternmost boundary of the land holding. The existing livestock facilities are proposed to be maintained through the processing of these Consent applications and entirely located on the proposed retained parcel. The subject property is currently utilized for beef cattle pasturing, while the livestock maintains access to the existing livestock facility for shelter.

LivestockFacility#4: unaddressedSydenham Road(retained parcel)

experienced multiple additions over the past decades, most recently in 2020. Through discussions with the owner, it was confirmed that the livestock facility is designed to accommodate 35 dairy cattle (see Exhibit B Livestock Facilities Photos). The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use parameters summarized above, a required MDS setback of 370 metres was yielded using OMAFRA AgriSuite software (see Exhibit A M DS Calculation) as it relates to the livestock facility and 433 metres was yielded from the manure pit. The proposed severed parcels on the subject property are located on the southern extent of the lands, fronting Horning Road, which are well beyond the MDS l setback generated from the livestock facility located at 3113 Sydenham Road. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through this consent application.

Page 124 of 273

Structure Photos

Figure 1 Subject property &equipment sale yard fronting Homing Road

A: MDS Assessment

2217 Horning Road

Exhibit

Page 125 of 273

Page 126 of 273

Page 127 of 273

2989 Sydenham Road

Page 128 of 273

3113 Sydenham Road

Page 129 of 273

.,

....,t_..,.,,_

Unaddressed Sydenham Road (retained parcel)

Page 130 of 273

Figure 24 —

interior ofsouthernmost structure on the subject property

used forstorage

Page 131 of 273

Date (mmm-dd-yyyy)

27 June 2023

Agrisuite

© King’s Printer for Ontario, 2012-23

The Ontario Ministry of Agriculture, Food and RuralAffairs (OMAFRA)has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwill be considered to be the of?cial version for purposes of calculating MDS. OMAFRA is not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. Alldata and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

613-453-2715 jason@theb|vdgroup.ca

Kingston, ON

Preparer contact information Jason Sands The Boulevard Group

Preparer signoff & disclaimer

6/27/23, 8:57 PM

Page 132 of 273

Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

© King’s Printer for Ontario, 2012-23

The Ontario Ministry of Agriculture, Food and Rural Affairs(OMAFRA) has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. All data and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715 jason@theb|vdgroup.ca

Preparer signoff & disclaimer

6/27/23, 8:49 PM

Page 133 of 273

Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

© King’s Printer for Ontario, 2012-23

The Ontario Ministry of Agriculture, Food and RuralAffairs (OMAFRA)has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. Alldata and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

jason@theb|vdgroup.ca

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715

Preparer signoff & disclaimer

6/27/23, 8:43 PM

January 23, 2024 The BLVD Group Attention: Jason Sands, MCIP, RPP (Planner) Hydrogeological Proposal: Application: PL-BDJ-2023-0080, Sydenham & Horning Road CCR Environmental Reference #A0168

Mr. Sands We have reviewed the application, Notice of Deferral and understand the concerns filed by residents. What we propose is to conduct individual pumping tests on each proposed lot and subject well. A review of available MECP well records and discussions with local well drillers will be conducted to determine appropriate well type (Drilled or Dug/Blasted). Neighbouring residents within 300 metres of the proposed wells/Lots will be invited to participate in the pumping tests to ensure no significant well interference is observed. The pumping tests will be conducted at a minimum rate of 13.7 L/min over 6-hours (drilled wells) or > 35 L/min for 4hours (dug/blasted wells). After determination of 0-chlorine residual, water samples will be collected from the subject test wells within the last hour of pumping. The samples will be collected in laboratory supplied bottles and submitted to an accredited laboratory for analysis of MECP D-5-5 water quality parameters. In addition, nitrate dilution of private sewage disposal systems will be assessed per MECP D-5-4 guidelines. The work, including conclusions and recommendations will be provided in a written report. To ensure the proposed development is sustainable we recommend that the testing be conducted during a low base flow (Dry Conditions) period between July and early October. If there are any further questions or clarifications requested, please do not hesitate to contact the undersigned, Yours Truly, CCR Environmental

Christopher C Rancourt, M.Sc., P.Geo. Page 1 of 2 Page 134 of 273

Senior Geoscientist, Hydrogeologist, President

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Noah Perron From: Sent: To: Cc: Subject:

John Pyke January 24, 2024 10:28 AM Christine Woods Noah Perron RE: Request for help with Terms of Reference

Hi Christine, I have reviewed the proposal from CCR Environmental. In my opinion the proposal will assess well yield, water quality and the potential for interference. The proposal notes that it recommends doing the work during a time of year that may be seasonally dry. We would recommend that the report generated by the work be reviewed by a qualified hydrogeologist. Let me know if you have any questions. Best Regards,

John Pyke, P.Geo.

Malroz Engineering Inc.

From: Christine Woods cwoods@southfrontenac.net Sent: Wednesday, January 24, 2024 8:58 AM To: John Pyke Cc: Noah Perron nperron@southfrontenac.net Subject: Re: Request for help with Terms of Reference

John, Further to our conversation in December about consent applications that need a work plan for a hydrogeological assessment, I am providing the attached proposal from CCR Environmental for your review. I have also provided some info about on the applications. It would be greatly appreciated if you could provide feedback by February 1 st. However, we recognize this may be a tight turnaround and you have lots of other work to do, so please let me know if you will need more time. Please let me know if you have any questions, or want to discuss. Thank you for your help.

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Noah Perron From: Sent: To: Cc: Subject:

Herman Cornel August 17, 2023 7:24 AM planning Del Blakney Notice of Consent Applications: PL-BDJ-2023-0080/81/82

Follow Up Flag: Flag Status:

Follow up Completed

Kate Kaestner: Hi, I’ve been informed by a neighbour of the subject application for severance by applicant Herbert Hughson and its deadline for comments (2023Aug28) and therefore I am writing to you as the notice indicates with my comments/concerns. With well water being a well known issue on Horning, both in quantity and quality, having more homes on Horning Rd raises our concern about more new wells affecting our existing wells. Is it correct that now or in the near future lots of 2.5acres in size, as being proposed here, will be permitted to have two homes each, making these three lots possibly to include six homes, not just three? Is there a requirement for the applicant to provide a well water study to convince/assure the existing residents that our wells will not be affected? What is the plan to assure the existing residents of Horning Rd that our wells will not be affected by this development? I trust that this written email is adequate to fulfill the requirements for “comments or objections to this application” and I look forward to any feedback on this important matter. Further, as stated in the subject notice, I request to be notified of the application decision and I assume this e-mail written request is sufficient for such a request. Also as stated in the subject notice, I request the public record of this communication NOT include my “postal address, telephone number and e-mail address” and I assume this e-mail written request is sufficient for such a request.

/Herman Cornel

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Noah Perron From: Sent: To: Subject:

Jim Neeson August 21, 2023 1:24 PM planning Notice of Consent Applications PLBDJ20230080 ,PLBDJ20230081 , &PLBDJ20230081

ATT; Noah As a resident of Horning Road for over 35 years, I strongly object to this severance application. The only reason is the lack of a constant water supply. When I moved here on September 1 st 1988 , the well was dry for several weeks. When I went to Ministry of the Enviroment of Ontario on October 16 ,2 012 to obtain a copy of the well record. There was only one well record which is dated February 28 ,1983. The person dealing with my application at the Ministry of the Enviroment stated the he would never built a house there because of this well report. I applied to MPAC for a lower evaluation of my house due to at least 3 months of having a dry well . I received a lower evaluation. The well being dry is also full of Sulpher when I do have water. It must be noted that a resident of City of Kingston who lives almost across the street from this location had a well drilled and went down over 200 feet and came up dry. Apparently he spent $20,000.00 Yours truly Jim Neeson Sent from Mail for Windows

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Noah Perron From: Sent: To: Subject:

Jay Clayton August 21, 2023 5:38 PM planning Land severance

Follow Up Flag: Flag Status:

Follow up Completed

Kate Kaestner Secretary-Treasurer, Committee of Adjustment P.O. Box 100, 4432 George Street Sydenham, Ontario K0H 2T0 I am writing with reference to the application PLBDJ20230080, PLBDJ20230081 and PLBDJ20230082. I live at 2392 Horning Road. The water situation is already taxed in my area, in which I am forced to primarily use my cistern as a water source. The severance will make this much worse for all involved. Thanks for your concern, Jason Clayton 2392 Horning Road Elginburg, ON K0H 1M

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Katherine Christmas and Peter Raftis 2328 Horning Road Elginburg ON. KH 1M0 Kate Kaestner Secretary-Treasurer, Committee of Assessment South Frontenac Township PO Box 100 4432 George Street Sydenham ON K0H 2T0 Re:

NOTICE OF CONSENT APPLICATIONS PLBDJ2023-0080, 0081 & 0082 (Horning Road) (HERBERT HUGHSON AND THE BOULEVARD GROUP)

Further to our letter delivered to your office on August 17, 2023, it has been brought to our attention that South Frontenac Township does not measure well recovery rates1, 2 on newly drilled wells but rather you measure volume only. If this true, this is a foolhardy and shocking approach to responsible ground water management. According to the Government of Ontario, Ministry of Environment and Energy’s guidelines “the recovery water levels must be measured and recorded 3 - simply recording and measuring well pumping rates is not enough. We are aware that our neighbours on Horning and Sydenham Roads are all deeply concerned about this issue and we hope that you will take all factors into consideration before allowing this atrocity to continue with regard to and further drilling of wells on this road. Sincerely, Katherine Christmas and Peter Raftis 2328 Horning Road, Elginburg ON K0H 1M0

1 Well Recovery Rate is the rate at which water runs into the well from the rock fissures and openings into the

lower portion of the well below the steel casing, while we’re pumping water out of the well. Some other terms for well recovery rate include well yield, well flow rate, and well water quantity. Recovery is the rate, in gallons per minute, at which water in the well returns to its static water level after the pump is turned off. The recovery rate is another estimate of well yield. To get this data, the driller measures depth to water in the well immediately at the end of the test. This is the drawdown. Then, at some later time, say one hour, depth to water is measured again. From this information, the driller figures the amount the water level rose in the well (e.g., the length of the water column) in that period of time. This is the recovery of the well.

2 (Estimating Private Well Yields using DEM’s Well Completion Report and Pumping Test Information)

https://www.mass.gov/doc/estimating-private-well-yields-0/download 3 Government of Ontario, Ministry of Environment and Energy

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From: To: Subject: Date:

planning Attention Kate Kaestner re: PLBDJ2023-0080, -0081 and 0082 August 19, 2023 2:38:19 PM

Greetings. I write concerning plans for the serverence of land in South Frontenac near my home at 2247 Horning Rd. and the possible residential development of that land. That I am aware of, there are three homes on the south side of Horning Rd., my home being one of them, that have water cisterns. In my case, the presence of the cistern ensured my water supply during a severe summer drought in the 1990s when supply was quite limited. Though I haven’t had to use it since, it is reassuring to know that it is there. Since that time, the city of Kingston has prohibited any new cisterns from being installed. Therefore, any significant increase in the demand for ground water could leave at least some of the current residents of Horning Rd. with a dramatic decline in available water that could not be overcome by having current cisterns maintained or new ones installed, the expense aside. I have no difficulties with residential development of any land that is not useful for farming or conservation purposes. However, the supply of water is critical and will the developer guarantee that that supply will be maintained? Yours truly, Anita Smith Down 2247 Horning Rd., Elginburg, ON, K0H 1M0

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From: To: Subject: Date: Attachments:

planning; Kate Kaestner; Noah Perron Re: Township of South Frontenac Committee of Adjustment Meeting: Thursday, February 8, 2024 February 5, 2024 8:06:36 AM image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png

Hi Kate/Noah, I’d like to ask to reserve a place for me at the Feb8 meeting as I plan to be present at the Town Hall. Thank you. Ref: PL-BDJ-2023-0080/0081/0082 I certainly do not have any expertise in the area nor am I aware of the depth of any previous discussions on this topic on the Township’s and Hydro geologist’s sides. However, knowing our (the neighbour’s) concerns and the concerns of members of the Committee of Adjustment raised prior to and during the 2023-12-14 meeting, I find the proposal and the review comments of it rather superficial. I was hoping for more specific details and rationale for elements of the testing program and hope answers to the following can be provided. Comments to the ‘Hydrogeological Proposal’ by CCR Environmental (2024-01-23):

General: During the 2023-12-14 Committee of Adjustment meeting it was suggested that the Township’s retained Hydrogeologist attend the next meeting to address any further questions relating to this subject or both the township’s and applicant’s Hydrogeologist attend. Is this the plan for the 2024-01-08 meeting? If not, why not? During the 2023-12-14 Committee of Adjustment meeting, it was suggested that during the actual well testing the Township’s retained Hydrogeologist be present and not just conduct a desktop paper review of the final well testing report. There is no mention of this in the proposal. Is this the plan for the testing? If not, why not? Regarding the proposal: 1.       The proposal subject lists only PL-BDJ-2023-0080 and does not list -0081 and -0082. Is this proposal to be understood to encompass the three applications and the remaining parcel (i.e. the 57.5 acres)? 2.       Although the MECP D-5-5 and D-5-4 guidelines are mentioned for water quality and nitrate dilution respectively, there is no mention that the water quantity testing is to be done in accordance with MECP D-5-5 guidelines or what guideline is to be used. What standard or guideline is to be followed for water quantity testing? 3.       The MECP D-5-5 guideline for water quantity testing indicates for parcels between 1525 hectares (37.1-61.8 acres) have a minimum of 4 test wells. This parcel is 57.5acres and the proposal proposes “…to conduct individual pumping test on each proposed lot and subject well.” Does this mean only 3 water quantity well tests? Does this mean each well test will be done independently of the other well tests? With the scarcity of water in this area and the understanding that the highest water usage of households occurs more or less simultaneously (mornings & early evenings), what is the explanation for such few and independent tests? 4.       The proposal states a review of MECP well records etc. “…will be conducted to

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determine appropriate well type…”. If such a review has yet to be done how has the 300m radius for well interference been arrived at? 5.       In regard to test well recovery and neighbouring well drawdown and recovery is the MECP D-5-5 the guideline to be followed? 6.       The pump rate of 13.7L/min for 6hrs is detailed in the MECP D-5-5 guideline. How is the 35L/min for 4hrs for a dug/blasted well arrived at? 7.   Recognising that early September rains may skew the results from the norm, what are the criteria for deciding when to test?

Thank you, Herman Cornel Horning Rd.

On Thu, Feb 1, 2024 at 2:36 PM planning planning@southfrontenac.net wrote: Good afternoon, This email is to notify you that the South Frontenac Committee of Adjustment February 8th, 2024 meeting Agenda has been posted on the Township website, please find the link below. You are receiving this email if you are an applicant or agent and have an application scheduled on the upcoming agenda or have provided comments regarding an application that will be heard at this meeting. The Committee of Adjustment meeting is scheduled for Thursday, February 8th, 2024, at 7:00pm and will be held both virtually via Zoom and in-person at Council Chambers (Town Hall, 4432 George Street, Sydenham). All applicants are encouraged to follow the link to register as a participant for the virtual meeting prior to the meeting date or advise the Secretary-Treasurer if they would like to attend in-person (if you have not already done so). Please note, inperson attendance is limited to the number of seats available in council chambers, so please ensure you reach out to me to secure your spot. The meeting will also be streamed live on our Facebook page if you only wish to watch – the link can be found in the agenda. Committee Of Adjustment Agenda: Meeting Agenda - Committee of Adjustment February 8, 2024

Link to register as a participant in the Committee of Adjustment meeting: February 8, 2024 CoA Meeting - Zoom Registration Link Page 156 of 273

For your respective application, please review the planning report and commenting agency letters in advance of the meeting. If you have any questions regarding the reports, please contact the Planner assigned to the file (contact information below), in advance of the meeting. Please let me know if you have any questions or concerns regarding the upcoming meeting. If you have previously looked at the agenda, you may need to clear the cache/delete the history in order to see the most recent updates. Sincerely,

Kate Kaestner (x2224), Christine Woods (x2221), Tom Fehr (x2350), and Noah Perron (x2357)

Kate Kaestner Planning Clerk Development Services Department Township of South Frontenac p:  +613-376-3027 ext. 2224 e:  kkaestner@southfrontenac.net a:  4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

Please consider the environment before printing this email

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: February 8, 2024 Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & Subject: PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Summary These applications are for the creation of three new rural residential lots. The applications have unresolved objections/concerns raised by the public. For this reason, the Committee of Adjustment is being asked to make a decision on the consent applications. This report recommends approval of the applications.

Background The purpose of these applications is to create three new rural residential lots. The retained parcel is intended to be used for agricultural purposes. History The Committee of Adjustment held a public meeting for the subject applications on December 14, 2023. The Committee deferred making a decision on the applications to allow the applicant time to retain a hydrogeologist and prepare a work plan for the hydrogeological assessment required as a condition of approval. The applicant provided the Township a copy of the work plan prepared by CCR Environmental (Dated January 23, 2024), which was preliminarily reviewed by the Frontenac County’s retained Hydrogeologist. The Committee of Adjustment is now being asked to make a decision on the applications at the public meeting on February 8, 2024. Application Details

Area (Ac)

Severed Parcel 1 (PL-BDJ-20230080)

Severed Parcel 2 (PL-BDJ-20230081)

Severed Parcel 3 (PL-BDJ-20230082)

Retained Parcel

2.5

2.5

2.5

50.0

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Frontage on Horning Road (m)

80

80

80

250.0

Frontage on Sydenham Road (m)

0

0

0

845.0

Designation and Zoning The subject property is designated Rural in the Township Official Plan. The property is zoned Rural (RU) in Zoning By-law No. 2003-75. Related Applications The lands are not subject to any additional application under the Planning Act. Review ✔ Conforms to section 51 (24) of the Planning Act; ✔ Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act); ✔ Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act); ✔ Conforms to the County of Frontenac Official Plan (s. 3.3 & 7.1); ✔ Conforms to the Township of South Frontenac Official Plan (s. 5.7.4 & 7.1); ✔ Does not comply with Zoning By-law No. 2003-75; and X

Has unresolved objections/concerns raised from agencies or the public.

Property Description The subject property is approximately 57.5Ac in area with 490m of frontage on Horning Road and 845m of frontage on Sydenham Road. Horning Road exists at the southernmost extent of Township and is a shared boundary with the City of Kingston. The property contains three www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

livestock barns adjacent to Sydenham Road along the eastern lot line. The primary use of the property is beef cattle pasturing, with the existing barns being used for shelter. With the exception of the southwest corner, which is densely covered in mature tree and vegetation growth, a majority of the subject property is cleared. Topographically, the property is mostly flat but varies slightly. For example, the southwest corner is elevated slightly from the remainder of the property. Additionally, there is an existing drainage channel which flows through the bottom half of the property east across Sydenham Road, towards an existing wetland feature on an adjacent property. Finally, the surrounding area consists mainly of rural residential and agricultural land uses.

Department and Agency Comments Public Services provided their comments on September 13, 2023. Public Services have no objection to the approval of the three consent applications. It was noted that there are adequate sight lines to permit entrances from Horning Road for the three severed parcels and the retained parcel. Public Services staff also noted that Horning Road is a boundary road with the City of Kingston and existing drainage conditions cannot be adversely impacted. For this reason, the applicant will be required to submit a grading and drainage plan which addresses drainage from the existing cross culvert. Road widening is to be determined by an Ontario Land Surveyor. Any shortfall of the 20m road allowance, measured 10m from the centreline of Horning Road, shall be dedicated for the severed lots. Building Services provided their comment on November 29, 2023. Staff had no objection with the approval of the three consent applications. Staff noted that additional suitable granular soil would be required to accommodate the installation of sewage systems on the three severed lots. The specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. Finally, staff noted that the proposed severed lots are capable of providing flexibility in locating a sewage system. Cataraqui Conservation conducted a joint site visit with Township Planning staff to assess the subject lands for natural heritage features. During the site visit it was determined that no natural heritage features were present. For this reason, Cataraqui Conservation Staff indicated that they would not require formal circulation on the applications.

Public Comments All three consent applications were circulated for public comment on August 11, 2023. During the 14 day comment period, Township Planning Staff received approximately fifteen (15) letters objecting the proposed severances. The primary concerns outlined within the letters of objection included, but were not limited to, water availability, water quality, lack of groundwater studies, the need for hydrogeological studies and potential compensation www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

should the newly created lots adversely effect existing wells. Planning Staff elaborate on how these concerns are to be addressed in a later section of this report. Members of the public were in attendance during the December 14th Committee meeting to provide comment on the proposed severance applications. The comments received during the meeting were similar to those outlined in the submitted letters of objection. Specifically, several questions were received regarding the requirements for the Hydrogeological Assessment. Members of Committee took these comments into consideration and determined that additional detail regarding the Hydrogeological Assessment should be submitted prior to a decision being made. Planning Staff elaborate on how these concerns are to be addressed in a later section of this report.

Submitted Documentation In support of the application, the applicant has submitted a Hydrogeological Proposal prepared by CCR Environmental (Dated January 23, 2024). The proposal outlines the work to be conducted for the Hydrogeological Assessment required as a condition of consent approval. The Proposal outlined the following: • Individual pumping tests for each proposed lot and subject well; • Review of available well records and discussions with local well drillers to determine appropriate well type; • Neighbouring residents within 300m of the proposed wells/lots will be invited to participate in the pumping test to ensure no significant well interference is observed; • Pumping tests will be conducted at a minimum rate of 13.7 L/min over 6-hours for a drilled well or > 35 L/min for 4-hours for a dug or blasted well; • Water samples will be collected form the subject test wells within the last hour of pumping and will be submitted to an accredited laboratory for analysis of MECP D-55 water quality parameters; • Nitrate dilution of private sewage disposal systems will be assessed per MECP D-5-4 guidelines; • Testing to be conducted during a low base flow period between July and early October.

Planning Analysis Minimum Distance Separation from Livestock Facilities In conformity with the Provincial Policy Statement, the Township Official Plan requires all division of land for non-farm uses to comply with the Minimum Distance Separation Formulae I (MDS I) (Section 7.1 (I)). The Township Zoning By-law also requires residential development to comply with MDS.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Township Planning Staff identified six livestock facilities within 750m of the proposed severed lots which warranted further investigation. Three of the six facilities exist on the retained parcel, with only one being used to shelter livestock. The applicant’s agent calculated MDS I setbacks for three facilities and provided evidence that the facility located at 2217 Horning Road and the two remaining facilities on the retained parcel no longer house livestock. The following table identifies the actual and required MDS I setbacks for livestock and related manure storage. Location of Livestock Barn and Manure Storage

Actual Distance from Livestock Barn to Nearest Severed Parcel (Metres)

Minium Required MDS I Setback (Metres)

2989 Sydenham Road

472

235

3113 Sydenham Road

715

433

Retained Parcel

253

233

The applicant’s agent submitted an MDS package which included a description of each facility, results of on-site investigation, MDS I calculation sheets and photographs. Using this information, Township Planning Staff created sketches that confirmed a development enveloped on all three severed parcels that would meet the required MDS I setbacks, in addition to all other required zoning setbacks. Rural Residential Development The PPS allows growth and development to be directed to rural lands, including lot creation that is locally appropriate. The County Official Plan and the Township Official Plan permit residential development in the Rural Designation. Section 5.7.4 of the Official Plan indicates that a maximum of three rural residential lots may be created by consent from landholdings provided that the new lots meet the General Consent Policies, as well as other applicable policies. The subject property has existed in its current configuration since July 17, 1981. As no lots have been severed since the adoption of the Township Official Plan, the subject property is eligible for a maximum of three severed lots. Section 5.7.4 of the Official Plan requires the frontage, size and shape of any lot created for rural residential purposes through the severance approval process to be appropriate for the proposed use and to comply with the requirements of the Zoning By-law. All three severed www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

parcels and the retained parcel would satisfy the requirements for a minimum lot area of 0.8 hectares and minimum 76 metres of frontage on a public road. General Consent Policies Sections 6.10.3 and 7.1(s) of the Official Plan indicate that where applicable, the applicant will provide sufficient information to substantiate that all lots created have a source of potable water and appropriate sanitary sewage disposal facilities in accordance with current regulations to the satisfaction on the Township. The Owner demonstrated to the satisfaction of Building Services that the severed parcels would have the ability to be serviced by private sewage disposal systems. The Township typically requires the ability of a lot to be serviced by a private well to be demonstrated as a condition of consent approval. The condition requires the submission of a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test. Given the concerns raised by the public, Township Planning Staff conducted an independent review of well records along Horning Road. This review found that several wells along Horning Road were pumping at rates less than or equal to 3.5 gallons per minute. In light of this review and supportive official plan policies, it was determined that a more detailed demonstration should be required. For this reason, a recommended condition of approval is to require the applicant to submit a Hydrogeological Assessment completed by and signed and stamped by a Hydrogeologist (P. Eng. or P. Geo.). The assessment must be prepared in accordance with D-5-5 Private Wells: Water Supply Assessment, include the standard 6-hour pump test, address groundwater quality and quantity, and the potential for impact to adjacent water well users and properties. In support of the proposal, the applicant has submitted a “Hydrogeological Proposal” prepared by CCR Environmental (Dated January 23, 2024). The Hydrogeological Proposals serves as a work plan for the assessment and outlines the scope of review and technical details related to pumping rates, draw down interference, water quality and the time of year when field work would be conducted. The submitted Hydrogeological Assessment will be prepared in accordance with the submitted proposal and will need to be peer reviewed by the County’s Hydrogeologist. A satisfactory Hydrogeological Assessment would be required to clear the condition, and for Certificates of Official to be issued for the proposed severed lots. Conclusion The severed parcels would be consistent with the Provincial Policy Statement and conform to the County Official Plan and Township Official Plan, provided that a satisfactory Hydrogeological Assessment is produced that demonstrates an adequate supply of potable water is available for each of the new lots and no unacceptable impacts to adjacent water well users and properties. The severed parcels would also comply with Zoning By-law No. 2003-75. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • • •

by mail to every owner of land within 60 metres of the subject lands by posting on the Townships Current Planning Applications webpage by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Recommendation It is recommended that applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 and PL-BDJ2023-0082 be approved for consent for the creation of three new rural residential lots from property legally described as PT Lots 14-15 CON 7, Storrington District (ARN: 102906001002102), each subject to the following conditions: Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  2. The lands to be severed by Consent Applications PL-BDJ-2023-0080, PL-BDJ-20230081 and PL-BDJ-2023-0082 shall be for the creation of three new residential lots each with a minimum of 2.5Ac of area and a minimum of 80m of frontage on Horning Road. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The surveyor or applicant shall submit the draft Reference Plan(s), including an area calculation and noting frontage along the roads, electronically or in paper form for www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 165 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening 5. The surveyor who prepares the reference plan(s) referred to in Condition #3 and #4 shall also determine by survey the width of Horning Road to be 20m. If such a width is less than 20m, the owner shall dedicate to the Township land along the frontage of each of the severed lands in the following manner as required: a. The land to be dedicated shall be the width required to provide 10m from the centre of the existing travelled road for Horning Road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the issuance of the Certificate of Official; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements

  1. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official.
  2. The Township of South Frontenac shall receive 5% of the value of the three (3) severed parcels, in lieu of parkland [Planning Act, s. 51(1)].

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 166 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

  1. The Owner shall submit a Hydrogeological Assessment that demonstrates an adequate supply of potable water is available for each severed parcel and no unacceptable impacts to adjacent water well users and properties, to the satisfaction of the Township. The Hydrogeological Assessment shall be prepared in accordance with the Township’s Standards for Hydrogeological Assessment and the Hydrogeological Assessment Proposal prepared by CCR Environmental (Dated January 23, 2024). In determining whether the assessment is satisfactory, the Township shall require the submitted Hydrogeological Assessment to be peer reviewed. The peer review process shall be initiated by the Township but will be at the cost of the Owner.
  2. In the event that there are abandoned wells located on the three (3) severed parcels or the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  3. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcels to address the development of the lot, including requirement for an entrance permit, as well as a lot grading and drainage plan to be submitted at the building permit stage. Zoning
  4. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality.

Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 167 of 273

Report from Public Services PL-BDJ-2023-0081 Application Number: ___________________________________________________ Hughson Herbert Seth Applicant’s Name: _____________________________________________________

7 14 Storrington Lot: _______________District:



Concession: _________________ Horning Road Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

Sight Lines: Are there adequate sight lines for the entrance?

✔ Yes □

No □

If no, what changes would be required to improve sight lines? RETAINED PARCEL: ADEQUATE ENTRANCE SIGHT LINES. SEVERED PARCEL: ADEQUATE ENTRANCE SIGHT LINES

Road Conditions:

  1. Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?

This is a boundary road with the City of Kingston who have been circulated on this file. Existing drainage conditions flow through this property which cannot be adversely affected. Applicant is required to submit a grading and drainage plan for approval which addresses drainage from the existing cross culvert at this location

  1. Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

Road Widening Required? ✔ To be determined by an Ontario Land Surveyor □ Yes □ No □ Any specific requirement?

Local road - rural classification. Ensure that there is a 20m (66ft road allowance) otherwise applicant to dedicate any shortfall of 10m from centerline.

Approved by the Public Services? ✔ Yes □ Yes, with conditions □ No □ If yes, with conditions, please describe conditions below.

Refer to drainage comments


Signature on behalf of Public Services

2023-09-13


Date

Page 168 of 273

Page 169 of 273

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Page 170 of 273

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considering In to matters, municipality

SOUTH

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Page 171 of 273

Page 172 of 273

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Page 173 of 273

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Page 175 of 273

Page 176 of 273

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Page 177 of 273

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Page 178 of 273

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Page 179 of 273

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Page 184 of 273

Separation

Applications for consent (lot creation)

Roll#: 1029-060-010-02102

Unaddressed parcel fronting Sydenham Road

Distance

(MDS)

Publication 853 provides two classes of MDS formulae: MDS l and M DS ll. MDS l applies the setbacks between proposed new development and existing livestock facilities. MDS ll applies to setbacks from new, enlarged, or renovated livestock facilities and existing or approved development. The owner of the subject property is seeking to subdivide the parcel into a total of four (4) separately conveyable parcels, maintaining the existing livestock facility and accessory structures on the proposed retained parcel (fronting Sydenham Road) while establishing three (3) vacant parcels suited for residential development fronting Horning Road. Based on the Planning Act application (Section 53), the proposal is subject to MDS l consideration.

This Minimum Distance Separation (MDS) Assessment utilizes the 2017 MDS formulae as provided in Publication 853 issued by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Publication 853 includes the definitions, implementation guidelines and factor tables (i.e., calculations) which collectively make up the MDS formulae referenced in the Provincial Policy Statement (PPS), as well as additional information to assist with the interpretation and application of the MDS formulae. The calculations are completed using the AgriSuite software supplied by OMAFRA, while the definitions and guidelines provide necessary direction to interpret and apply the calculations.

RE:

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Page 185 of 273

Figure 1 Subject Property

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Although the buildings on the subject property fail to accommodate livestock currently, the

A site visit was completed Friday, June 23, 2023, to confirm the required parameters associated with the livestock facility. During the site visit, the author spoke with the owner (Neil Carey), who toured the property and confirmed the lack of livestock on—siteand the conversions which took place years past to support the agricultural equipment sales use. The former livestock facility has and currently functions as a machinery storage facility.

The property known municipally as 2217 Horning Road located on the south side of Horning Road, immediately west of the Homing Road & Sydenham Road intersection. The subject property measures approximately 40.0 hectares in area and is developed with a single detached dwelling, unoccupied livestock facility and multiple accessory structures. The subject property is the home of Carey Equipment Sales, which sells agricultural equipment (see Exhibit A Livestock Facilities Photos). Although the subject property maintains multiple accessory structures and a livestock facility, the unoccupied livestock facility has been converted internally to support the agricultural equipment sales use, no longer capable of housing livestock.

LivestockFacility#1: 2217 Homing Road

Figure 3 delineates the livestock facilities described above so that spatially, there location as it relates to the subject property is better understood and represented visually.

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The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use

A site visit was completed Friday, June 23, 2023, to confirm the required parameters associated with the livestock facility; which included obtaining multiple photos of the structure to augment previous discussions with the owner of the lands, Mr, Bert Hughson (see Exhibit B Livestock Facilities Photos).

The livestock facility measures (15.5m x 11.0m) 170.5 square metres that is a wood framed structure clad in wood siding. Notwithstanding the total livestock facility area, the owner pastures 25 beef backgrounders on the subject property, with limited access to the structure. The subject property currently maintains 58.5 acres, whereas should the proposed consent applications be approved the proposed retained parcel would be approximately 51.0 acres. The northernmost structure is an open building that is used for storage, not livestock. The southernmost building is utilized for both hay and equipment storage, therefore exempt from being included in the total livestock facility area for the purposes of the MDS calculation.

The subject property located at the northwest corner of Sydenham Road & Horning Road is unaddressed. The subject property is currently development with a livestock facility, that is located immediately adjacent to Sydenham Road, along the easternmost boundary of the land holding. The existing livestock facilities are proposed to be maintained through the processing of these Consent applications and entirely located on the proposed retained parcel. The subject property is currently utilized for beef cattle pasturing, while the livestock maintains access to the existing livestock facility for shelter.

LivestockFacility#4: unaddressedSydenham Road(retained parcel)

experienced multiple additions over the past decades, most recently in 2020. Through discussions with the owner, it was confirmed that the livestock facility is designed to accommodate 35 dairy cattle (see Exhibit B Livestock Facilities Photos). The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use parameters summarized above, a required MDS setback of 370 metres was yielded using OMAFRA AgriSuite software (see Exhibit A M DS Calculation) as it relates to the livestock facility and 433 metres was yielded from the manure pit. The proposed severed parcels on the subject property are located on the southern extent of the lands, fronting Horning Road, which are well beyond the MDS l setback generated from the livestock facility located at 3113 Sydenham Road. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through this consent application.

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Structure Photos

Figure 1 Subject property &equipment sale yard fronting Homing Road

A: MDS Assessment

2217 Horning Road

Exhibit

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2989 Sydenham Road

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3113 Sydenham Road

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.,

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Figure 24 —

interior ofsouthernmost structure on the subject property

used forstorage

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Date (mmm-dd-yyyy)

27 June 2023

Agrisuite

© King’s Printer for Ontario, 2012-23

The Ontario Ministry of Agriculture, Food and RuralAffairs (OMAFRA)has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwill be considered to be the of?cial version for purposes of calculating MDS. OMAFRA is not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. Alldata and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

613-453-2715 jason@theb|vdgroup.ca

Kingston, ON

Preparer contact information Jason Sands The Boulevard Group

Preparer signoff & disclaimer

6/27/23, 8:57 PM

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Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

© King’s Printer for Ontario, 2012-23

The Ontario Ministry of Agriculture, Food and Rural Affairs(OMAFRA) has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. All data and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715 jason@theb|vdgroup.ca

Preparer signoff & disclaimer

6/27/23, 8:49 PM

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Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

© King’s Printer for Ontario, 2012-23

The Ontario Ministry of Agriculture, Food and RuralAffairs (OMAFRA)has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. Alldata and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

jason@theb|vdgroup.ca

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715

Preparer signoff & disclaimer

6/27/23, 8:43 PM

January 23, 2024 The BLVD Group Attention: Jason Sands, MCIP, RPP (Planner) Hydrogeological Proposal: Application: PL-BDJ-2023-0080, Sydenham & Horning Road CCR Environmental Reference #A0168

Mr. Sands We have reviewed the application, Notice of Deferral and understand the concerns filed by residents. What we propose is to conduct individual pumping tests on each proposed lot and subject well. A review of available MECP well records and discussions with local well drillers will be conducted to determine appropriate well type (Drilled or Dug/Blasted). Neighbouring residents within 300 metres of the proposed wells/Lots will be invited to participate in the pumping tests to ensure no significant well interference is observed. The pumping tests will be conducted at a minimum rate of 13.7 L/min over 6-hours (drilled wells) or > 35 L/min for 4hours (dug/blasted wells). After determination of 0-chlorine residual, water samples will be collected from the subject test wells within the last hour of pumping. The samples will be collected in laboratory supplied bottles and submitted to an accredited laboratory for analysis of MECP D-5-5 water quality parameters. In addition, nitrate dilution of private sewage disposal systems will be assessed per MECP D-5-4 guidelines. The work, including conclusions and recommendations will be provided in a written report. To ensure the proposed development is sustainable we recommend that the testing be conducted during a low base flow (Dry Conditions) period between July and early October. If there are any further questions or clarifications requested, please do not hesitate to contact the undersigned, Yours Truly, CCR Environmental

Christopher C Rancourt, M.Sc., P.Geo. Page 1 of 2 Page 198 of 273

Senior Geoscientist, Hydrogeologist, President

Page 2 of 2 Page 199 of 273

Noah Perron From: Sent: To: Cc: Subject:

John Pyke January 24, 2024 10:28 AM Christine Woods Noah Perron RE: Request for help with Terms of Reference

Hi Christine, I have reviewed the proposal from CCR Environmental. In my opinion the proposal will assess well yield, water quality and the potential for interference. The proposal notes that it recommends doing the work during a time of year that may be seasonally dry. We would recommend that the report generated by the work be reviewed by a qualified hydrogeologist. Let me know if you have any questions. Best Regards,

John Pyke, P.Geo.

Malroz Engineering Inc.

From: Christine Woods cwoods@southfrontenac.net Sent: Wednesday, January 24, 2024 8:58 AM To: John Pyke Cc: Noah Perron nperron@southfrontenac.net Subject: Re: Request for help with Terms of Reference

John, Further to our conversation in December about consent applications that need a work plan for a hydrogeological assessment, I am providing the attached proposal from CCR Environmental for your review. I have also provided some info about on the applications. It would be greatly appreciated if you could provide feedback by February 1 st. However, we recognize this may be a tight turnaround and you have lots of other work to do, so please let me know if you will need more time. Please let me know if you have any questions, or want to discuss. Thank you for your help.

1

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Noah Perron From: Sent: To: Cc: Subject:

Herman Cornel August 17, 2023 7:24 AM planning Del Blakney Notice of Consent Applications: PL-BDJ-2023-0080/81/82

Follow Up Flag: Flag Status:

Follow up Completed

Kate Kaestner: Hi, I’ve been informed by a neighbour of the subject application for severance by applicant Herbert Hughson and its deadline for comments (2023Aug28) and therefore I am writing to you as the notice indicates with my comments/concerns. With well water being a well known issue on Horning, both in quantity and quality, having more homes on Horning Rd raises our concern about more new wells affecting our existing wells. Is it correct that now or in the near future lots of 2.5acres in size, as being proposed here, will be permitted to have two homes each, making these three lots possibly to include six homes, not just three? Is there a requirement for the applicant to provide a well water study to convince/assure the existing residents that our wells will not be affected? What is the plan to assure the existing residents of Horning Rd that our wells will not be affected by this development? I trust that this written email is adequate to fulfill the requirements for “comments or objections to this application” and I look forward to any feedback on this important matter. Further, as stated in the subject notice, I request to be notified of the application decision and I assume this e-mail written request is sufficient for such a request. Also as stated in the subject notice, I request the public record of this communication NOT include my “postal address, telephone number and e-mail address” and I assume this e-mail written request is sufficient for such a request.

/Herman Cornel

1

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Noah Perron From: Sent: To: Subject:

Jim Neeson August 21, 2023 1:24 PM planning Notice of Consent Applications PLBDJ20230080 ,PLBDJ20230081 , &PLBDJ20230081

ATT; Noah As a resident of Horning Road for over 35 years, I strongly object to this severance application. The only reason is the lack of a constant water supply. When I moved here on September 1 st 1988 , the well was dry for several weeks. When I went to Ministry of the Enviroment of Ontario on October 16 ,2 012 to obtain a copy of the well record. There was only one well record which is dated February 28 ,1983. The person dealing with my application at the Ministry of the Enviroment stated the he would never built a house there because of this well report. I applied to MPAC for a lower evaluation of my house due to at least 3 months of having a dry well . I received a lower evaluation. The well being dry is also full of Sulpher when I do have water. It must be noted that a resident of City of Kingston who lives almost across the street from this location had a well drilled and went down over 200 feet and came up dry. Apparently he spent $20,000.00 Yours truly Jim Neeson Sent from Mail for Windows

1

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Noah Perron From: Sent: To: Subject:

Jay Clayton August 21, 2023 5:38 PM planning Land severance

Follow Up Flag: Flag Status:

Follow up Completed

Kate Kaestner Secretary-Treasurer, Committee of Adjustment P.O. Box 100, 4432 George Street Sydenham, Ontario K0H 2T0 I am writing with reference to the application PLBDJ20230080, PLBDJ20230081 and PLBDJ20230082. I live at 2392 Horning Road. The water situation is already taxed in my area, in which I am forced to primarily use my cistern as a water source. The severance will make this much worse for all involved. Thanks for your concern, Jason Clayton 2392 Horning Road Elginburg, ON K0H 1M

1

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Katherine Christmas and Peter Raftis 2328 Horning Road Elginburg ON. KH 1M0 Kate Kaestner Secretary-Treasurer, Committee of Assessment South Frontenac Township PO Box 100 4432 George Street Sydenham ON K0H 2T0 Re:

NOTICE OF CONSENT APPLICATIONS PLBDJ2023-0080, 0081 & 0082 (Horning Road) (HERBERT HUGHSON AND THE BOULEVARD GROUP)

Further to our letter delivered to your office on August 17, 2023, it has been brought to our attention that South Frontenac Township does not measure well recovery rates1, 2 on newly drilled wells but rather you measure volume only. If this true, this is a foolhardy and shocking approach to responsible ground water management. According to the Government of Ontario, Ministry of Environment and Energy’s guidelines “the recovery water levels must be measured and recorded 3 - simply recording and measuring well pumping rates is not enough. We are aware that our neighbours on Horning and Sydenham Roads are all deeply concerned about this issue and we hope that you will take all factors into consideration before allowing this atrocity to continue with regard to and further drilling of wells on this road. Sincerely, Katherine Christmas and Peter Raftis 2328 Horning Road, Elginburg ON K0H 1M0

1 Well Recovery Rate is the rate at which water runs into the well from the rock fissures and openings into the

lower portion of the well below the steel casing, while we’re pumping water out of the well. Some other terms for well recovery rate include well yield, well flow rate, and well water quantity. Recovery is the rate, in gallons per minute, at which water in the well returns to its static water level after the pump is turned off. The recovery rate is another estimate of well yield. To get this data, the driller measures depth to water in the well immediately at the end of the test. This is the drawdown. Then, at some later time, say one hour, depth to water is measured again. From this information, the driller figures the amount the water level rose in the well (e.g., the length of the water column) in that period of time. This is the recovery of the well.

2 (Estimating Private Well Yields using DEM’s Well Completion Report and Pumping Test Information)

https://www.mass.gov/doc/estimating-private-well-yields-0/download 3 Government of Ontario, Ministry of Environment and Energy

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From: To: Subject: Date:

planning Attention Kate Kaestner re: PLBDJ2023-0080, -0081 and 0082 August 19, 2023 2:38:19 PM

Greetings. I write concerning plans for the serverence of land in South Frontenac near my home at 2247 Horning Rd. and the possible residential development of that land. That I am aware of, there are three homes on the south side of Horning Rd., my home being one of them, that have water cisterns. In my case, the presence of the cistern ensured my water supply during a severe summer drought in the 1990s when supply was quite limited. Though I haven’t had to use it since, it is reassuring to know that it is there. Since that time, the city of Kingston has prohibited any new cisterns from being installed. Therefore, any significant increase in the demand for ground water could leave at least some of the current residents of Horning Rd. with a dramatic decline in available water that could not be overcome by having current cisterns maintained or new ones installed, the expense aside. I have no difficulties with residential development of any land that is not useful for farming or conservation purposes. However, the supply of water is critical and will the developer guarantee that that supply will be maintained? Yours truly, Anita Smith Down 2247 Horning Rd., Elginburg, ON, K0H 1M0

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From: To: Subject: Date: Attachments:

planning; Kate Kaestner; Noah Perron Re: Township of South Frontenac Committee of Adjustment Meeting: Thursday, February 8, 2024 February 5, 2024 8:06:36 AM image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png

Hi Kate/Noah, I’d like to ask to reserve a place for me at the Feb8 meeting as I plan to be present at the Town Hall. Thank you. Ref: PL-BDJ-2023-0080/0081/0082 I certainly do not have any expertise in the area nor am I aware of the depth of any previous discussions on this topic on the Township’s and Hydro geologist’s sides. However, knowing our (the neighbour’s) concerns and the concerns of members of the Committee of Adjustment raised prior to and during the 2023-12-14 meeting, I find the proposal and the review comments of it rather superficial. I was hoping for more specific details and rationale for elements of the testing program and hope answers to the following can be provided. Comments to the ‘Hydrogeological Proposal’ by CCR Environmental (2024-01-23):

General: During the 2023-12-14 Committee of Adjustment meeting it was suggested that the Township’s retained Hydrogeologist attend the next meeting to address any further questions relating to this subject or both the township’s and applicant’s Hydrogeologist attend. Is this the plan for the 2024-01-08 meeting? If not, why not? During the 2023-12-14 Committee of Adjustment meeting, it was suggested that during the actual well testing the Township’s retained Hydrogeologist be present and not just conduct a desktop paper review of the final well testing report. There is no mention of this in the proposal. Is this the plan for the testing? If not, why not? Regarding the proposal: 1.       The proposal subject lists only PL-BDJ-2023-0080 and does not list -0081 and -0082. Is this proposal to be understood to encompass the three applications and the remaining parcel (i.e. the 57.5 acres)? 2.       Although the MECP D-5-5 and D-5-4 guidelines are mentioned for water quality and nitrate dilution respectively, there is no mention that the water quantity testing is to be done in accordance with MECP D-5-5 guidelines or what guideline is to be used. What standard or guideline is to be followed for water quantity testing? 3.       The MECP D-5-5 guideline for water quantity testing indicates for parcels between 1525 hectares (37.1-61.8 acres) have a minimum of 4 test wells. This parcel is 57.5acres and the proposal proposes “…to conduct individual pumping test on each proposed lot and subject well.” Does this mean only 3 water quantity well tests? Does this mean each well test will be done independently of the other well tests? With the scarcity of water in this area and the understanding that the highest water usage of households occurs more or less simultaneously (mornings & early evenings), what is the explanation for such few and independent tests? 4.       The proposal states a review of MECP well records etc. “…will be conducted to

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determine appropriate well type…”. If such a review has yet to be done how has the 300m radius for well interference been arrived at? 5.       In regard to test well recovery and neighbouring well drawdown and recovery is the MECP D-5-5 the guideline to be followed? 6.       The pump rate of 13.7L/min for 6hrs is detailed in the MECP D-5-5 guideline. How is the 35L/min for 4hrs for a dug/blasted well arrived at? 7.   Recognising that early September rains may skew the results from the norm, what are the criteria for deciding when to test?

Thank you, Herman Cornel Horning Rd.

On Thu, Feb 1, 2024 at 2:36 PM planning planning@southfrontenac.net wrote: Good afternoon, This email is to notify you that the South Frontenac Committee of Adjustment February 8th, 2024 meeting Agenda has been posted on the Township website, please find the link below. You are receiving this email if you are an applicant or agent and have an application scheduled on the upcoming agenda or have provided comments regarding an application that will be heard at this meeting. The Committee of Adjustment meeting is scheduled for Thursday, February 8th, 2024, at 7:00pm and will be held both virtually via Zoom and in-person at Council Chambers (Town Hall, 4432 George Street, Sydenham). All applicants are encouraged to follow the link to register as a participant for the virtual meeting prior to the meeting date or advise the Secretary-Treasurer if they would like to attend in-person (if you have not already done so). Please note, inperson attendance is limited to the number of seats available in council chambers, so please ensure you reach out to me to secure your spot. The meeting will also be streamed live on our Facebook page if you only wish to watch – the link can be found in the agenda. Committee Of Adjustment Agenda: Meeting Agenda - Committee of Adjustment February 8, 2024

Link to register as a participant in the Committee of Adjustment meeting: February 8, 2024 CoA Meeting - Zoom Registration Link Page 220 of 273

For your respective application, please review the planning report and commenting agency letters in advance of the meeting. If you have any questions regarding the reports, please contact the Planner assigned to the file (contact information below), in advance of the meeting. Please let me know if you have any questions or concerns regarding the upcoming meeting. If you have previously looked at the agenda, you may need to clear the cache/delete the history in order to see the most recent updates. Sincerely,

Kate Kaestner (x2224), Christine Woods (x2221), Tom Fehr (x2350), and Noah Perron (x2357)

Kate Kaestner Planning Clerk Development Services Department Township of South Frontenac p:  +613-376-3027 ext. 2224 e:  kkaestner@southfrontenac.net a:  4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

Please consider the environment before printing this email

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Report from Public Services PL-BDJ-2023-0082 Application Number: ___________________________________________________ Hughson Herbert Seth Applicant’s Name: _____________________________________________________

7 14/15 Storrington Lot: _______________District:



Concession: _________________ Horning Road Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

Sight Lines: Are there adequate sight lines for the entrance?

✔ Yes □

No □

If no, what changes would be required to improve sight lines? RETAINED PARCEL: ADEQUATE ENTRANCE SIGHT LINES. SEVERED PARCEL: ADEQUATE ENTRANCE SIGHT LINES

Road Conditions:

  1. Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?

This is a boundary road with the City of Kingston who have been circulated on this file. Existing drainage conditions flow through this property which cannot be adversely affected. Applicant is required to submit a grading and drainage plan for approval which addresses drainage from the existing cross culvert at this location

  1. Is the overall road condition adequate to serve increased development/traffic? ✔ No □ Yes □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

Road Widening Required? ✔ No □ To be determined by an Ontario Land Surveyor □ Yes □ Any specific requirement?

Local road - rural classification. Ensure that there is a 20m (66ft road allowance) otherwise applicant to dedicate any shortfall of 10m from centerline.

Approved by the Public Services? ✔ Yes □ Yes, with conditions □ No □ If yes, with conditions, please describe conditions below.

Refer to drainage comments


Signature on behalf of Public Services

2023-09-13


Date

Page 223 of 273

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: February 8, 2024 Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & Subject: PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Summary These applications are for the creation of three new rural residential lots. The applications have unresolved objections/concerns raised by the public. For this reason, the Committee of Adjustment is being asked to make a decision on the consent applications. This report recommends approval of the applications.

Background The purpose of these applications is to create three new rural residential lots. The retained parcel is intended to be used for agricultural purposes. History The Committee of Adjustment held a public meeting for the subject applications on December 14, 2023. The Committee deferred making a decision on the applications to allow the applicant time to retain a hydrogeologist and prepare a work plan for the hydrogeological assessment required as a condition of approval. The applicant provided the Township a copy of the work plan prepared by CCR Environmental (Dated January 23, 2024), which was preliminarily reviewed by the Frontenac County’s retained Hydrogeologist. The Committee of Adjustment is now being asked to make a decision on the applications at the public meeting on February 8, 2024. Application Details

Area (Ac)

Severed Parcel 1 (PL-BDJ-20230080)

Severed Parcel 2 (PL-BDJ-20230081)

Severed Parcel 3 (PL-BDJ-20230082)

Retained Parcel

2.5

2.5

2.5

50.0

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Page 224 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Frontage on Horning Road (m)

80

80

80

250.0

Frontage on Sydenham Road (m)

0

0

0

845.0

Designation and Zoning The subject property is designated Rural in the Township Official Plan. The property is zoned Rural (RU) in Zoning By-law No. 2003-75. Related Applications The lands are not subject to any additional application under the Planning Act. Review ✔ Conforms to section 51 (24) of the Planning Act; ✔ Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act); ✔ Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act); ✔ Conforms to the County of Frontenac Official Plan (s. 3.3 & 7.1); ✔ Conforms to the Township of South Frontenac Official Plan (s. 5.7.4 & 7.1); ✔ Does not comply with Zoning By-law No. 2003-75; and X

Has unresolved objections/concerns raised from agencies or the public.

Property Description The subject property is approximately 57.5Ac in area with 490m of frontage on Horning Road and 845m of frontage on Sydenham Road. Horning Road exists at the southernmost extent of Township and is a shared boundary with the City of Kingston. The property contains three www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 225 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

livestock barns adjacent to Sydenham Road along the eastern lot line. The primary use of the property is beef cattle pasturing, with the existing barns being used for shelter. With the exception of the southwest corner, which is densely covered in mature tree and vegetation growth, a majority of the subject property is cleared. Topographically, the property is mostly flat but varies slightly. For example, the southwest corner is elevated slightly from the remainder of the property. Additionally, there is an existing drainage channel which flows through the bottom half of the property east across Sydenham Road, towards an existing wetland feature on an adjacent property. Finally, the surrounding area consists mainly of rural residential and agricultural land uses.

Department and Agency Comments Public Services provided their comments on September 13, 2023. Public Services have no objection to the approval of the three consent applications. It was noted that there are adequate sight lines to permit entrances from Horning Road for the three severed parcels and the retained parcel. Public Services staff also noted that Horning Road is a boundary road with the City of Kingston and existing drainage conditions cannot be adversely impacted. For this reason, the applicant will be required to submit a grading and drainage plan which addresses drainage from the existing cross culvert. Road widening is to be determined by an Ontario Land Surveyor. Any shortfall of the 20m road allowance, measured 10m from the centreline of Horning Road, shall be dedicated for the severed lots. Building Services provided their comment on November 29, 2023. Staff had no objection with the approval of the three consent applications. Staff noted that additional suitable granular soil would be required to accommodate the installation of sewage systems on the three severed lots. The specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. Finally, staff noted that the proposed severed lots are capable of providing flexibility in locating a sewage system. Cataraqui Conservation conducted a joint site visit with Township Planning staff to assess the subject lands for natural heritage features. During the site visit it was determined that no natural heritage features were present. For this reason, Cataraqui Conservation Staff indicated that they would not require formal circulation on the applications.

Public Comments All three consent applications were circulated for public comment on August 11, 2023. During the 14 day comment period, Township Planning Staff received approximately fifteen (15) letters objecting the proposed severances. The primary concerns outlined within the letters of objection included, but were not limited to, water availability, water quality, lack of groundwater studies, the need for hydrogeological studies and potential compensation www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 226 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

should the newly created lots adversely effect existing wells. Planning Staff elaborate on how these concerns are to be addressed in a later section of this report. Members of the public were in attendance during the December 14th Committee meeting to provide comment on the proposed severance applications. The comments received during the meeting were similar to those outlined in the submitted letters of objection. Specifically, several questions were received regarding the requirements for the Hydrogeological Assessment. Members of Committee took these comments into consideration and determined that additional detail regarding the Hydrogeological Assessment should be submitted prior to a decision being made. Planning Staff elaborate on how these concerns are to be addressed in a later section of this report.

Submitted Documentation In support of the application, the applicant has submitted a Hydrogeological Proposal prepared by CCR Environmental (Dated January 23, 2024). The proposal outlines the work to be conducted for the Hydrogeological Assessment required as a condition of consent approval. The Proposal outlined the following: • Individual pumping tests for each proposed lot and subject well; • Review of available well records and discussions with local well drillers to determine appropriate well type; • Neighbouring residents within 300m of the proposed wells/lots will be invited to participate in the pumping test to ensure no significant well interference is observed; • Pumping tests will be conducted at a minimum rate of 13.7 L/min over 6-hours for a drilled well or > 35 L/min for 4-hours for a dug or blasted well; • Water samples will be collected form the subject test wells within the last hour of pumping and will be submitted to an accredited laboratory for analysis of MECP D-55 water quality parameters; • Nitrate dilution of private sewage disposal systems will be assessed per MECP D-5-4 guidelines; • Testing to be conducted during a low base flow period between July and early October.

Planning Analysis Minimum Distance Separation from Livestock Facilities In conformity with the Provincial Policy Statement, the Township Official Plan requires all division of land for non-farm uses to comply with the Minimum Distance Separation Formulae I (MDS I) (Section 7.1 (I)). The Township Zoning By-law also requires residential development to comply with MDS.

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Page 227 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Township Planning Staff identified six livestock facilities within 750m of the proposed severed lots which warranted further investigation. Three of the six facilities exist on the retained parcel, with only one being used to shelter livestock. The applicant’s agent calculated MDS I setbacks for three facilities and provided evidence that the facility located at 2217 Horning Road and the two remaining facilities on the retained parcel no longer house livestock. The following table identifies the actual and required MDS I setbacks for livestock and related manure storage. Location of Livestock Barn and Manure Storage

Actual Distance from Livestock Barn to Nearest Severed Parcel (Metres)

Minium Required MDS I Setback (Metres)

2989 Sydenham Road

472

235

3113 Sydenham Road

715

433

Retained Parcel

253

233

The applicant’s agent submitted an MDS package which included a description of each facility, results of on-site investigation, MDS I calculation sheets and photographs. Using this information, Township Planning Staff created sketches that confirmed a development enveloped on all three severed parcels that would meet the required MDS I setbacks, in addition to all other required zoning setbacks. Rural Residential Development The PPS allows growth and development to be directed to rural lands, including lot creation that is locally appropriate. The County Official Plan and the Township Official Plan permit residential development in the Rural Designation. Section 5.7.4 of the Official Plan indicates that a maximum of three rural residential lots may be created by consent from landholdings provided that the new lots meet the General Consent Policies, as well as other applicable policies. The subject property has existed in its current configuration since July 17, 1981. As no lots have been severed since the adoption of the Township Official Plan, the subject property is eligible for a maximum of three severed lots. Section 5.7.4 of the Official Plan requires the frontage, size and shape of any lot created for rural residential purposes through the severance approval process to be appropriate for the proposed use and to comply with the requirements of the Zoning By-law. All three severed www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 228 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

parcels and the retained parcel would satisfy the requirements for a minimum lot area of 0.8 hectares and minimum 76 metres of frontage on a public road. General Consent Policies Sections 6.10.3 and 7.1(s) of the Official Plan indicate that where applicable, the applicant will provide sufficient information to substantiate that all lots created have a source of potable water and appropriate sanitary sewage disposal facilities in accordance with current regulations to the satisfaction on the Township. The Owner demonstrated to the satisfaction of Building Services that the severed parcels would have the ability to be serviced by private sewage disposal systems. The Township typically requires the ability of a lot to be serviced by a private well to be demonstrated as a condition of consent approval. The condition requires the submission of a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test. Given the concerns raised by the public, Township Planning Staff conducted an independent review of well records along Horning Road. This review found that several wells along Horning Road were pumping at rates less than or equal to 3.5 gallons per minute. In light of this review and supportive official plan policies, it was determined that a more detailed demonstration should be required. For this reason, a recommended condition of approval is to require the applicant to submit a Hydrogeological Assessment completed by and signed and stamped by a Hydrogeologist (P. Eng. or P. Geo.). The assessment must be prepared in accordance with D-5-5 Private Wells: Water Supply Assessment, include the standard 6-hour pump test, address groundwater quality and quantity, and the potential for impact to adjacent water well users and properties. In support of the proposal, the applicant has submitted a “Hydrogeological Proposal” prepared by CCR Environmental (Dated January 23, 2024). The Hydrogeological Proposals serves as a work plan for the assessment and outlines the scope of review and technical details related to pumping rates, draw down interference, water quality and the time of year when field work would be conducted. The submitted Hydrogeological Assessment will be prepared in accordance with the submitted proposal and will need to be peer reviewed by the County’s Hydrogeologist. A satisfactory Hydrogeological Assessment would be required to clear the condition, and for Certificates of Official to be issued for the proposed severed lots. Conclusion The severed parcels would be consistent with the Provincial Policy Statement and conform to the County Official Plan and Township Official Plan, provided that a satisfactory Hydrogeological Assessment is produced that demonstrates an adequate supply of potable water is available for each of the new lots and no unacceptable impacts to adjacent water well users and properties. The severed parcels would also comply with Zoning By-law No. 2003-75. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 229 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • • •

by mail to every owner of land within 60 metres of the subject lands by posting on the Townships Current Planning Applications webpage by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Recommendation It is recommended that applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 and PL-BDJ2023-0082 be approved for consent for the creation of three new rural residential lots from property legally described as PT Lots 14-15 CON 7, Storrington District (ARN: 102906001002102), each subject to the following conditions: Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  2. The lands to be severed by Consent Applications PL-BDJ-2023-0080, PL-BDJ-20230081 and PL-BDJ-2023-0082 shall be for the creation of three new residential lots each with a minimum of 2.5Ac of area and a minimum of 80m of frontage on Horning Road. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The surveyor or applicant shall submit the draft Reference Plan(s), including an area calculation and noting frontage along the roads, electronically or in paper form for www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 230 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening 5. The surveyor who prepares the reference plan(s) referred to in Condition #3 and #4 shall also determine by survey the width of Horning Road to be 20m. If such a width is less than 20m, the owner shall dedicate to the Township land along the frontage of each of the severed lands in the following manner as required: a. The land to be dedicated shall be the width required to provide 10m from the centre of the existing travelled road for Horning Road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the issuance of the Certificate of Official; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements

  1. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official.
  2. The Township of South Frontenac shall receive 5% of the value of the three (3) severed parcels, in lieu of parkland [Planning Act, s. 51(1)].

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Page 231 of 273

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

  1. The Owner shall submit a Hydrogeological Assessment that demonstrates an adequate supply of potable water is available for each severed parcel and no unacceptable impacts to adjacent water well users and properties, to the satisfaction of the Township. The Hydrogeological Assessment shall be prepared in accordance with the Township’s Standards for Hydrogeological Assessment and the Hydrogeological Assessment Proposal prepared by CCR Environmental (Dated January 23, 2024). In determining whether the assessment is satisfactory, the Township shall require the submitted Hydrogeological Assessment to be peer reviewed. The peer review process shall be initiated by the Township but will be at the cost of the Owner.
  2. In the event that there are abandoned wells located on the three (3) severed parcels or the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  3. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcels to address the development of the lot, including requirement for an entrance permit, as well as a lot grading and drainage plan to be submitted at the building permit stage. Zoning
  4. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality.

Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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Page 232 of 273

Page 233 of 273

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land individual

subject

were

to and

the subject operated

of

structures

by

system?

encroach

bedrooms

structure

uses

to

is

and

sewers,

disposal a privately

provided owned

or

septic

and

of

space

acquired

living

plumbing

number

an

APPLICATION P.13 1990, c.

development?

of

FRONTENAC Act, R.S.O.

RAISING

proposed

addition existing

in

in

in

the

details:

the

SOUTH Planning

buildings

provided

system

whether sewage sewage system, other means:

well

that

water privately

time

system,

whether

years

length

existing

2018

land

the Will on the

(d)

subject

Increase

((2)

the

Increase

of

(b)

uses Increase

the

provide

include

OF

(a)

the

Applicable

date

storm

Natural

is

Private

privy,

operated

Indicate

Private

water body,

Indicate

30+

Not

.The

20.The

date

What

plans please

are

your

If yes,

Do

September

19.The

TOVVNSHIP

Page 240 of 273

Yes

**Nol:e’

**

to

all

land

The distances property to importance

The the

Show

file

subject

river distance

natural subject

(neighbours)

including

OF

the

bar of ns,s i

applicant’s

the subject buildings, wetlands,

on

THE

an d

of

Pl an ni n

subject l crossing. a n d

the

railway

the

TOP

location

subject

application

application

the

the

the

VARIANC E

septic fields and owners’ wells, SKETCH is The be shown. accurately as carefully, neatly and to

of

the

THE

of

been

betvveen bridge or

land

AT

ever

of

under

MINOR

artificial features Examples include barns, banks, from features these land. stream or

and

lands.

FOR

amended

application

as

number

number

ARROVV

following:

the

the

file

point . . , . ..i.e. distance landmark such as a

all of the to ditches,

or

of

NORTH

the

an

land has Variance).

give

of

APPLICATION P.13 c. 1990,

subject

the

give

on—site and abutting to REQUIRED IS be varied, and should be prepared

approximate location adjacent that is drainage watercourses, tanks. wells and septic lines.

abutting

reference lot line

A

is

subject (Minor

please

showing

please

dimensions

buildings.

land Consent.

the Act

and

yes,

yes,

HAVE

The of

is

or

FRONTENAC R.S.O. Act,

MUST

a

location

is

submitted

27

XNO

of The location township nearest

boundaries proposed

The and

be

item

25

whether Planning

?No

indicate of the

SKETCH

must

Yes

43

SOUTH

Planning

subject the Subdivision

OF

question

THE

SKETCH

A

answer If the the application.

El

please If known, under Section

to

whether Plan of

answer application.

El

indicate of a

If the of the

Please approval

TOVVNSHIP

Page 241 of 273

Page 242 of 273

someone and phone

Current

to

this

on act number

mailing

in address,

section,

Minor

your behalf should

the

FOR

amended

the here

live with

sepa rate postal owner’s

in

VARIANCE

variance

Form

NIINOR

if they complete

during appear

even

Variance

as

zoning: you come

aware You be may not pre—consultation in for

of the with

zoning planning

why you can’t comply: Reason because could for be, example, already close that is too to because of a steep impossible

Roads: Municipally maintained maintain themselves residents that are generally that and property

—~

(not

private

after driveways,

by

meet add further

not to

the Township; but lanes

can you a variance developing why

others).

looked

seeking or that

words,

with

are

999?

shared

roads

other In you are the water, embankment.

and

All

to than

this

d o

that

provid e

private

within buil din g the req uir on an to ed the from

asking rather m structure accessory are

property

25 of a an

you

be

on your staff.

is asking what This of Relief: Nature and Extent question you are asking it could be that to variance for example, height asking the or that you are increase water to mark, or you are seeking a variance that to construct water mark, building. front lot line than the principal

when

appoint address

appear the full

must

be

Completing

to

APPLICATION c. P.13 1990,

Subject Description of the Land: same as the former Townships. ar a. District: The Districts are the If you 1029) on your bill. e beginning with tax (the long number roll number the are the numbers O40-O50, your district is 020 Bedford; if or O10, 030, Storrin district is are 060 or your numbers 070, Loughborough; if the gton; Portland. is numbers are your district 080, are check your bill not tax Concession and Lot Numbers: sure, if you been as number has not Your civic address civic Number: if a Street si space blank. gn whether or you are o not of Road/Street: This Name question applies ed n road. a public , a surveyed, it will have has been No: property Reference Plan If your surveyed, has been property not one or more on that If your plan. parts blank. appears on y which number beginning with ‘1029’ This is the Roll No: f. o before submitting the look it up application. take time to ur be completed. this must acres: of Frontage, question parts area, All depth,

to

owners should

Guide

FRONTENAC R.S.O. Act,

wish name,

names of all address(es)

the

SOUTH

Planning

You may person’s authorization.

and

The

A

OF

TOVVNSHIP

Page 243 of 273

Parking

Description

are

Water their

acquired:

of

18

water

it.

in a

most lake.

uses:

an

cases

For

are

the

e.g.

are

not

take

answer

example,

If you

answer

you

to

on

must

you

complete your dwel

on

the

in

permit

part screened

will

has

sure,

be

the

private

land

provide

of

proposing

possession

a

each

you

on

from

your

the

raise

a

must

but

used

best

for

some

property?

be

re si invo de lved . nci e,

depar tment .

deck.

increase An involve an

building

waterfront

residential

estimate.

the

question. would

well.

been

of

porch

this

to

add

the building be accomplished at the beginning add on your to is demolition

to

septic

to

of th is descr ibe

now,

access

VARIA NCE

as c o n st r the property, u systems. ct

the same planning recreational

I sections please g.

land

only

NIINOR

property

can

new development dwelling, and

garages,

ANYTHING

height cannot the to Committee permission to it clear that there

a

a

build decks,

ALL proposed addition to

planning additions,

words,

walls

did

Please with

other

You deck

structures

FOR

amended

recreational

is

as

answer to this question be will currently vacant, and you are section in 10 would be “vacant be “residentiaI”

a

or

vacant

relevant

APPLICATION c. P.13

1990,

only

business,

requires or increase made clear are granted you have not made you

columns. ion addition is not

When

In

buildings:

existing months? from

supply:

or

of

20)Date

Length years,

Structure: under

existing

land

19)Date

of

of Development: include anything

basement

18)LJses would space.

a

1 7)Raising

the is

structures: there is

buildings

retail

is

FRONTENAC R.S.O. Act,

question

If you are includes

If

construction: construct

demo]:

to

This

Demolition: All instances, a proposed of existing walls. If this may find that, although actually do it because

new

proposing in separate

of

“yes”

structures:

is

example, use to

in

and

ANY

Generally, the land be described section 13 would

of buildings on your property. residence. Uses:

This

SOUTH Planning

residential,

Description are information

you

question

Proposed

then the described

Proposed but for if,

structure from the

is

e.g.

Docking:

If there “yes”.

Uses:

and

OF

Buildings:

question

Existing

water.

TOVVNSHIP

Page 244 of 273

most

Are drainage,

in

currently

will

be

that application

been

sewage

for severance provide this

an

have

private

FOR

system,

amended

for

consent

constructed

as

to

but

on

(severance) the

with

may

VARIANC E

there deal

IVIINOR

or subdivision information)

APPLICATION P.13 c. 1990,

variance: of the owner variance to aware of this.

Has there property, zoning the

lndemnify: Agreement to submitting before done this owners as commissioners. All has been appointed.

Minor time for a

Must the

ever

the

a minor probably

be signed application. sign must

been you will by-law.

of owner,

any

granted

commissioner of a in front or sign the application application, or it can

variance be aware a new

in be

of oaths front of signed

property? the on other special e the seller pro are will If you r bab you ly on granted the property, pl a previous variance yes: been has If there If e were. variance what the details of the and application number if known, as e of a accurate, enough the detailed, stress importance SKETCH: We cannot professional with to a need necessarily to contract You do sketch. not and dimensions do show to not that are drawn sketches scale, not but be RULER), not accepted. (PLEASE USE neatly A will drawn not

application can help

there

ditches

answer

current a is number. (Staff

Is

specific

the

FRONTENAC R.S.o. Act,

If there the file

consent:

there etc.?

cases

SOUTH

Planning

yes: If indicate

Application for property? the

for

Drainage: natural

Septic:

OF

TOVVNSHIP

TEP.P.‘u"3 LANE

SOUTH FRONTENAC

-‘17IO C-A.RF.‘v’|l‘.lG PLACE RD

PL-ZNA-2023-0137 (MONTY LEONARD)

CARRYING PLACE ROAD

Provincially Significant Wetland Wetland Wooded Area

Lake Trout Lake At Capacity

Lake Trout Lake Not at Capacity

Non-Lake Trout Lake At Capacity

TEF.F5v’SL-”-\l\lE

./

I Township Boundary

,l>~“‘E 05:?

Road

Railway

Produced by the County 0| Frontenac under iicense with the Ontario Ministry of Naturai Resources Primer for Ontario. 2022

(6

King’s

Page 245 of 273

White the County makes every effort to insure that the information presented is accurate [or the intended uses oi this map, there is an inherent error in aii mapping products, and accuracy oi the mapping cannot be guaranteed for aii possible uses This map displays basic topographic features oniy

Scale: 1:1,S43 O

m

15

30

60

UTM Zone 18 NAD 83

Date: 2023-‘I 2-1 9

Monty Residence SET

TO HIGHWAY 15 SEALEY’S BAY

RISE

W

BURNT HILLS ROAD

TO PERTH ROAD BATTERSEA

E

OVERALL PROPERTY SITE PLAN

E S

GL AN R SOL A

SYDENHAM ROAD

JU NE

W

E

S

4710 CARRYING PLACE ROAD, SOUTH FRONTENAC

AD

CE

IN RY R A

G

RO

A PL

C

OG

LA

PLOT DATE

November 6, 2023

DESIGN/ DRAWN

MC

SHEET SIZE

ANSI D, 22x34" HALF SIZE, 11x 17"

KE

D

SITE LOCATION PT LOT 25, CONCESSION 10, CARRYING PLACE ROAD E

NB

KE

A YL RR

THIS DRAWING WAS CREATED FOR THE INTENTION OF THE PARTIES INVOLVED IN CONTRACT WITH ON POINT DRAFTING AND SURVEY. NEITHER THIS DRAWING, NOR COMPONENTS ILLUSTRATED HEREIN MAY BE REPRODUCED IN WHOLE OR IN PART, IN ANY FORM WHATSOEVER WITHOUT PRIOR WRITTEN AUTHORITY FROM ON POINT DRAFTING AND SURVEY. THIS DRAWING HAS BEEN DELIVERED ON THE UNDERSTANDING THAT IT IS NOT TO BE USED IN ANY WAY AGAINST THE INTERESTS OF ON POINT DRAFTING AND SURVEY.

A CR

DRAFTING & SURVEY

KEY PLAN N.T.S. EXISTING DRIVEWAY ENTRANCE OFF CARRYING PLACE ROAD

PLAN LEGEND PROPERTY LINE HIGH WATER MARK (HWM) SETBACK PROPOSED DWELLING PROPOSED DWELLING ACCESSORY STRUCTURE

DRILLED OR DUG WELL

PROPOSED DRIVEWAY ENTRANCE TO DWELLING

HP

HYDRO POLE

SSIB

PROPERTY BAR WITH MARKER TYPE

TP

TEST PIT LOCATION EXISTING SPOT ELEVATION

Cranberry Lake

138.33

PROPOSED SPOT ELEVATION EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR

100.00

PROPOSED FINISHED GRADE ELEVATION EXISTING GRADE ELEVATION

IB

2.0 %

PROPOSED GRADE PROPOSED OVERLAND DRAINAGE FLOW DIRECTION PROPOSED SWALE EXISTING SWALE

IB

EXISTING TOP OF BANK

15m & 30m HIGH WATERMARK SETBACKS. SEE DWG. 02

LIGHT DUTY SILT FENCE SITE BENCHMARK

IB

PROPOSED DRILLED WELL LOCATION

SITE BENCHMARKS THE SITE BENCHMARKS PROVIDED ARE FOR CONSTRUCTION AND PERMIT. THEY ARE BASED ON THE TOPOGRAPHIC SURVEY COMPLETED BY ON POINT DRAFTING AND SURVEY, JUNE, 2023.

HATCH INDICATES CRCA REGULATED 6m SETBACK FROM TOP OF BANK CRANBERRY LAKE CONTROLLED WATER LEVEL, BY OLS SURVEYOR PROPOSED ELJEN GSF SEPTIC SYSTEM, SEE DWG. 04

BM1 - ELEVATION = 100.713m South-West property bar BM2 - ELEVATION = 109.157m South-East property bar

PROVISIONAL RETAINING WALL BY OTHERS PROPOSED SLAB ON GRADE DWELLING

Cranberry Lake 80m LONG LIGHT DUTY SILT FENCE (OPSD 219.110) INSTALLED AT DOWNSTREAM END OF CONSTRUCTION ACTIVITIES

SITE PLAN

DRAWING No.

1

of

5

Page 246 of 273

SITE OVERVIEW WITH ENTRANCE DETAILS 10

0

10

20

1:750

30

40

50 m

IB

3 2 1 No.

2023.11.06 2023.09.19 2023.07.07 DATE

MC MC MC BY

ISSUED FOR BUILDING PERMIT APPLICATION ISSUED FOR TOWNSHIP PRELIMINARY REVIEW ISSUED FOR CLIENT USE FOR PLANNING SUBMISSION

Monty Residence SET

E

BURNT HILLS ROAD

SYDENHAM ROAD

CE

INE

CE L

N FERE S RE E R O VEY °16'30" SUR N 74 .19 -

IN RY R A

68

OG

A PL

LA

SITE LOCATION PT LOT 25, CONCESSION 10, CARRYING PLACE ROAD

.12

56 -S N RE FE RE RS 0" W YO ‘5 VE °37 UR N 28

00

00

30

6

15

.00 PROVISIONAL RETAINING WALL FOR GRADE CONTROL. DESIGN BY OTHERS

.00

33.06

24 .4 .83 7

7.7 2

30

28.57

CRANBERRY LAKE CONTROLLED WATERS EDGE REFER TO REFERENCE PLAN RP 13R19364 PART 1

24

RS E

DG

E

23 .2 0 LL PRO ED P NO ERT RM Y L AL INE W AT E

3 .9 5

ENVIRONMENTAL PROTECTION 2.2.2 - ALL ROOF AND SITE RUNOFF TO BE DIRECTED TO SITES AWAY FROM CRANBERRY LAKE AND WETLAND AREAS TO ALLOW FOR NATURAL TREATMENT AND INFILTRATION TO TAKE PLACE.

MUNICIPALITY: BY-LAW NO.: ZONE CLASS:

2.2.3 - EROSION CONTROL MEASURES (E.G. USE OF STRAW BALES) TO BE USED DURING CONSTRUCTION AND REMAIN IN PLACE UNTIL ANY GROUND COVER DISTURBED DURING CONSTRUCTION HAS BEEN RE-ESTABLISHED. GROUND COVER WILL BE RE-ESTABLISHED AS SOON AS POSSIBLE UPON COMPLETION OF CONSTRUCTION.

THESE PLANS ARE NOT A LEGAL PLAN OF SURVEY, AND IN NO WAY ACT TO IMITATE THE LEGAL PLAN OF SURVEY FOR THE SUBJECT PROPERTY. THE PROPERTY BOUNDARY (CADASTRAL PLAN) IS DERIVED FROM THE REFERENCE PLAN COMPLETED FOR THE SUBJECT LOT AND SHOWN FOR CLARITY AND ILLUSTRATIVE PURPOSES ONLY. THE FEATURES AND TOPOGRAPHY SHOWN ON THESE PLANS ARE TO ILLUSTRATE THE PHYSICAL ARRANGEMENT OF THE EXISTING AND PROPOSED WORKS WITHIN THE SUBJECT LOT, AND TO AID IN ENGINEERING AND PLANNING. THE LOT LINES HAVE BEEN PHYSICALLY LOCATED ON SITE AND CONFIRMED TO BE GEOMETRICALLY CONSISTENT WITH THE REFERENCE PLAN. FOR ALL INTENTS AND PURPOSES OF THESE PLANS AND NOTES, THE TERM “CONTRACTOR” MEANS WHOMEVER IS RESPONSIBLE FOR CARRYING OUT CONSTRUCTION ACTIVITIES. THIS MAY BE THE PROPERTY OWNER, GENERAL CONTRACTOR, SUB-CONTRACTOR, ETC. THE ORIGINAL TOPOGRAPHY AND GROUND ELEVATIONS, SERVICING AND SURVEY DATA SHOWN ON THIS PLAN DRAWING IS PROVIDED FOR INFORMATION PURPOSES ONLY. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE ACCURACY OF ALL INFORMATION OBTAINED FROM THESE PLANS PRIOR TO CONSTRUCTION. ALL DIMENSIONS. ANY SIGNIFICANT DISCREPANCY BETWEEN THE PLANS AND THE FIELD THAT MAY RESULT IN THE FINAL CONSTRUCTION NOT ADHERING TO THE LOCAL LAND USE AND DEVELOPMENT REGULATIONS MUST BE BROUGHT TO THE ATTENTION OF THE DESIGNER OF THESE PLANS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO COMPLETE UTILITY LOCATES ON THE PROPERTY AND CONFIRM THEIR LOCATION PRIOR TO COMMENCING CONSTRUCTION. SHOULD ANY UTILITIES EXIST IN THE BUILDING AREA, THEY MUST BE PROTECTED OR RELOCATED TO THE SATISFACTION OF THE UTILITY COMPANY.

LIN

E

CO

.2

18

NT

RO

4

.2 32 .86 24

CRANBERRY LAKE WATERS EDGE REFER TO REFERENCE PLAN RP 13R19364 PART 1

10 4.

94

-S

UR VE N YO 40 RS °0 1'4 REF 0" ER E EN

C

E

THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL NECESSARY PERMITS FOR THE PROPOSED WORKS SHOWN ON THESE PLANS PRIOR TO COMMENCING CONSTRUCTION FROM THE SUBJECT MUNICIPALITY AND/OR CONSERVATION AUTHORITY.

BM1 - PROPERTY BAR ELEV. 100.713m

Cranberry Lake

IB

Page 247 of 273

DIMENSIONS AND ZONING COMPLIANCE 5

1:250

10

15 m

THE ENTRANCES SHOWN ON THESE PLANS ARE GENERALLY CONCEPTUAL AND ILLUSTRATIVE. ANY ENTRANCE TIE-IN TO AN EXISTING MUNICIPAL ROADWAY MUST FOLLOW THE GUIDELINES OF THE SUBJECT MUNICIPALITIES ENTRANCE PERMIT GUIDELINES AND REQUIREMENTS. ENTRANCE CULVERTS MAY BE REQUIRED FOR THE SPECIFIC ENTRANCE PERMIT, IF DETERMINED BY THE MUNICIPALITY. AN ENTRANCE PERMIT IS REQUIRED FOR EACH ENTRANCE ON A MUNICIPAL ROAD. ENTRANCES SHALL NOT BE CHANGED OR ALTERED FROM THEIR ORIGINAL PROPOSED USE OR CONSTRUCTION WITHOUT A FURTHER PERMIT. THE DESIRABLE ENTRANCE TIE-IN RADIUS FOR RESIDENTIAL USE SHALL BE 5.0m. THE DESIREABLE MAXIMUM GRADIENT FOR RESIDENTIAL USE SHALL BE 6.0%. THE STORAGE OF MATERIALS SHALL BE WITHIN THE SUBJECT PROPERTY LOT LINES. THERE SHALL BE NO MATERIAL STORED WITHIN THE MUNICIPAL RIGHT OF WAY. ANY ON-SITE MATERIALS SHALL NOT HAVE AN IMPACT TO ANY ADJACENT PROPERTY PARCELS.

PLOT PLAN EX. WOOD FRAMED DOCK

DRAFTING & SURVEY

ZONE SETBACKS - PRINCIPAL BUILDING

GENERAL NOTES: 9.9

.03

KE

A YL RR

LOT DEVELOPMENT AGREEMENT NOTES:

2.2.5 - ANY EXCAVATED MATERIALS, TRASH, OR DEBRIS CREATED BY THE DEVELOPMENT SHALL BE TAKEN TO AN AREA WELL REMOVED FROM CRANBERRY LAKE.

41.21

10

ANSI D, 22x34" HALF SIZE, 11x 17"

SOUTH FRONTENAC 2003-75 RLSW, LTD. SERVICE RESIDENTIAL - WATERFRONT

PLAN LEGEND PROPERTY LINE

SINGLE DETACHED DWELLING

ZONING

LOT AREA (min)

10,000 m2

14,265 m2

LOT FRONTAGE (min)

76 m

245 m

WATER FRONTAGE (min)

91 m

104.94 m

30 m

15.00 m

10 m

n/a

PROPOSED HIGH WATER MARK (HWM) SETBACK PROPOSED DWELLING

K AC MS

47

15m

HW E E LIN

1

RENC REFE ORS " W Y E V R 0 1 - SU N 11°27'4 113.9

30.20

2.2

9.26

PROPOSED DRILLED WELL LOCATION 2 BEDROOM SLAB ON GRADE DWELLING

38.11

SHEET SIZE

N.T.S.

2.2.4 - THE PROPERTY SHALL BE MANAGED PRIOR TO, DURING, AND FOLLOWING DEVELOPMENT OF THE LANDS IN A MANNER WHEREBY THE NATURAL SOIL AND VEGETATION IS MAINTAINED WITHIN THE WATER SETBACK AREA (MIN. 30m) EXCEPT AS APPROVED BY THE TOWNSHIP OF SOUTH FRONTENAC, AND THAT MINIMIZES THE POTENTIAL FOR SOIL EROSION AND THE SUBSEQUENT DEPOSITION OF SEDIMENTS AND POLLUTANTS IN LAKE, CREED, WETLANDS. ANY NATURAL VEGETATION DISTURBED DURING DEVELOPMENT IS TO BE RESTORED WITHIN THE WATER SETBACK AREA. THERE SHALL BE NO CLEAR-CUTTING OR CONSTRUCTION OF ROADWAYS WITHIN THE SETBACK AREA.

ETB

30.00

2 CAR ATTACHED GARAGE

MC

KEY PLAN

K AC

BM2 - PROPERTY BAR ELEV. 109.157m

IB

30m

30m HW

HW MS

ETB

M SETBA

CK

PROPERTY LI NE CONTROLLED NORMAL W ATERS EDGE

10

60.61

. 25

6.00

DESIGN/ DRAWN

THIS DRAWING WAS CREATED FOR THE INTENTION OF THE PARTIES INVOLVED IN CONTRACT WITH ON POINT DRAFTING AND SURVEY. NEITHER THIS DRAWING, NOR COMPONENTS ILLUSTRATED HEREIN MAY BE REPRODUCED IN WHOLE OR IN PART, IN ANY FORM WHATSOEVER WITHOUT PRIOR WRITTEN AUTHORITY FROM ON POINT DRAFTING AND SURVEY. THIS DRAWING HAS BEEN DELIVERED ON THE UNDERSTANDING THAT IT IS NOT TO BE USED IN ANY WAY AGAINST THE INTERESTS OF ON POINT DRAFTING AND SURVEY.

E

NB

80

PROPOSED DRIVEWAY ENTRANCE

November 6, 2023

A CR

E LIN CE

30m

K AC ETB S M HW

PLOT DATE

KE

D

IB

15.00

G

RO

C

DRIVEWAY ENTRANCE TO TIE-IN TO EXISTING ENTRANCE ALONG PART 2

0

PLOT PLAN

S

AD

5

E

IB

GL AN R SOL A

JU NE

W

TO PERTH ROAD BATTERSEA

E

S

TO HIGHWAY 15 SEALEY’S BAY

DRIVEWAY GRADE MUST BE INSTALLED AT 98.75m OR GREATER PER CRCA’S REGULATORY FLOODPLAIN REQUIREMENTS

RISE

W

4710 CARRYING PLACE ROAD, SOUTH FRONTENAC

FRONT YARD (min) WATER SIDE

REAR YARD (min) INTERIOR SIDE YARD (min)

3.0 m

n/a

EXTERIOR SIDE YARD (min)

10 m

n/a

LOT COVERAGE (max)

5%

1.8%

GROSS FLOOR AREA (min)

59 m2

195 m

BUILDING HEIGHT (max)

11 m

TBD

PROPOSED DWELLING ACCESSORY STRUCTURE

DRILLED OR DUG WELL

HP

HYDRO POLE

SSIB

PROPERTY BAR WITH MARKER TYPE

TP

TEST PIT LOCATION EXISTING SPOT ELEVATION

138.33

PROPOSED SPOT ELEVATION EXISTING MAJOR CONTOUR

NOTES PERTAINING TO SOUTH FRONTENAC ZONING BY-LAW 2003-75

EXISTING MINOR CONTOUR 100.00

LOT FRONTAGE DEFINITION EXCERPT FROM SF ZONING BY-LAW: “WHERE THE FRONT LOT LINE IS NOT A STRAIGHT LINE OR WHERE THE SIDE LOT LINES ARE NOT PARALLEL, THE LOT FRONTAGE IS TO BE MEASURED 9 METRES BACK FROM THE FRONT LOT LINE AND PARALLEL TO THE CHORD OF THE LOT FRONTAGE. FOR THE PURPOSE OF THIS PARAGRAPH, THE CHORD OF THE LOT FRONTAGE IS A STRAIGHT LINE JOINING THE TWO POINTS WHERE THE SIDE LOT LINES INTERSECT THE FRONT LOT LINE.”

EXISTING GRADE ELEVATION

2.0 %

PROPOSED SWALE EXISTING SWALE EXISTING TOP OF BANK LIGHT DUTY SILT FENCE SITE BENCHMARK

SITE BENCHMARKS

LOT COVERAGE SUMMARY TABLE AREA

DWELLING UNIT AREA

195 m2

ATTACHED GARAGE

65 m2

COVERED PORCH

5 m2

COMBINED FOOTPRINT

265 m2

LOT COVERAGE RATIO

1.8%

PROPOSED GRADE PROPOSED OVERLAND DRAINAGE FLOW DIRECTION

WATER FRONTAGE DEFINITION EXCERPT FROM SF ZONING BY-LAW: “SHALL BE ALL PROPERTY ABUTTING A WATERBODY MEASURED PERPENDICULAR TO THE SIDE LOT LINES IN A STRAIGHT LINE BETWEEN THE TWO SAID LOT LINES AT A POINT WHERE THE SIDE LOT LINES INTERSECT WITH THE HIGH WATER MARK.”

LOT COVERAGE ITEM

PROPOSED FINISHED GRADE ELEVATION

THE SITE BENCHMARKS PROVIDED ARE FOR CONSTRUCTION AND PERMIT. THEY ARE BASED ON THE TOPOGRAPHIC SURVEY COMPLETED BY ON POINT DRAFTING AND SURVEY, JUNE, 2023. BM1 - ELEVATION = 100.713m South-West property bar BM2 - ELEVATION = 109.157m South-East property bar

SEPTIC SYSTEM SETBACKS SEPTIC TANK CLEARANCE FROM PROPERTY LINES:

DISTRIBUTION PIPE CLEARANCE FROM PROPERTY LINES:

74.60m TO NORTH

77.77m TO NORTH

30.0m TO EAST

30.83m TO EAST

30.0m TO SOUTH

30.83m TO SOUTH

41.21m TO WEST

33.06m TO WEST

22.37m TO WELL ON PROPERTY

27.70m TO WELL ON PROPERTY

DRAWING No. 3 2 1 No.

2023.11.06 2023.09.19 2023.07.07 DATE

MC MC MC BY

2

of

5

ISSUED FOR BUILDING PERMIT APPLICATION ISSUED FOR TOWNSHIP PRELIMINARY REVIEW ISSUED FOR CLIENT USE FOR PLANNING SUBMISSION

Monty Residence

12% DRIVEWAY GRADE CONTINUED TO TIE-IN

SET

TO HIGHWAY 15 SEALEY’S BAY

RISE

12.0%

BURNT HILLS ROAD

E

S

1.0%

103.70

14.9%

GL AN R SOL A

E

AD

%

CE

12.0

IN RY R A

G

GRADING PLAN

S

103.80

E JU NE

W

TO PERTH ROAD BATTERSEA

SYDENHAM ROAD

W

4710 CARRYING PLACE ROAD, SOUTH FRONTENAC

RO

A PL

C

%

OG

LA

MC

SHEET SIZE

ANSI D, 22x34" HALF SIZE, 11x 17"

THIS DRAWING WAS CREATED FOR THE INTENTION OF THE PARTIES INVOLVED IN CONTRACT WITH ON POINT DRAFTING AND SURVEY. NEITHER THIS DRAWING, NOR COMPONENTS ILLUSTRATED HEREIN MAY BE REPRODUCED IN WHOLE OR IN PART, IN ANY FORM WHATSOEVER WITHOUT PRIOR WRITTEN AUTHORITY FROM ON POINT DRAFTING AND SURVEY. THIS DRAWING HAS BEEN DELIVERED ON THE UNDERSTANDING THAT IT IS NOT TO BE USED IN ANY WAY AGAINST THE INTERESTS OF ON POINT DRAFTING AND SURVEY.

KE

A YL RR

E

NB

IB

5

%

DESIGN/ DRAWN

A CR

5.7 10

DRIVEWAY ALIGNMENT AND EXCAVATION GRADES SHOWN FOR CLARITY PURPOSES ONLY. EXACT DRIVEWAY MAY VARY FROM THE METRICS SHOWN ON THIS PLAN.

SITE LOCATION PT LOT 25, CONCESSION 10, CARRYING PLACE ROAD

BM2 - PROPERTY BAR ELEV. 109.157m

SOLID LINE INDICATES “CUT” FINISHED GRADE TIE-IN TO EXISTING GRADE ROCK EXCAVATION REQUIRED

November 6, 2023

KE

D

.0 % 12

5 4.6 10

1.0

5 4.7 10

DASHED LINE INDICATES “FILL” FINISHED GRADE TIE-IN TO EXISTING GRADE

PLOT DATE

1.0

DRAFTING & SURVEY

2 5.7 10

KEY PLAN 6.0%

N.T.S.

1.0%

10

PROVIDE 10m SWALE @ 2.0% GRADE

8 6.1

2.0

5 3.00

0% 2.

2 105.3

PROPOSED DWELLING ACCESSORY STRUCTURE

WHERE REQUIRED BY CONSERVATION AUTHORITIES, SILT FENCING AND SEDIMENT CONTROL MEASURES MAY NEED TO BE IMPLEMENTED TO PREVENT SEDIMENT FROM CONSTRUCTION ACTIVITIES FROM ENTERING ANY SENSITIVE NATURAL FEATURE. MAXIMUM GRADE AT ANY POINT SHALL BE 4 HORIZONTAL : 1 VERTICAL. IF A GRADE OF 4:1 CANNOT BE ACHIEVED, 3:1 MAY BE IMPLEMENTED AS AN ABSOLUTE MAXIMUM SO LONG AS SLOPE STABILITY MEASURES ARE PUT IN PLACE.

GRADING STEEPER THAN 3 HORIZONTAL : 1 VERTICAL WILL REQUIRE RETAINING WALLS OR OTHER MEANS OF SLOPE PROTECTION.

LOCATIONS AND ELEVATIONS OF ALL EXISTING UTILITIES AND SERVICES SHOWN ON THIS PLAN ARE FOR REFERENCE ONLY. THE CONTRACTOR IS RESPONSIBLE FOR LOCATING A PROTECTING ALL UTILITIES.

8

5.3

3.0 %

10 5 5.2 10

25.0%

OPSD 219.110

08 6.

25.0%

2

% 5.0

SWALE WIDTH VARIES

GRASS SEED, SOD, OR HYDRO SEED OVER 100mm TOPSOIL

50 3. 0 1

0

5

1:150

10

PROPOSED SPOT ELEVATION

PROPOSED FINISHED GRADE ELEVATION

NOT TO SCALE

“V” BOTTOM SWALE AS REQUIRED

PROPOSED SWALE EXISTING SWALE EXISTING TOP OF BANK LIGHT DUTY SILT FENCE SITE BENCHMARK

SITE BENCHMARKS THE SITE BENCHMARKS PROVIDED ARE FOR CONSTRUCTION AND PERMIT. THEY ARE BASED ON THE TOPOGRAPHIC SURVEY COMPLETED BY ON POINT DRAFTING AND SURVEY, JUNE, 2023.

THIS TYPICAL SECTION IS SHOWN TO ACT AS A GUIDELINE ONLY. DEPENDING ON SITE SPECIFIC NEEDS, OTHER SWALE TYPES I.E.; FLAT BOTTOM SWALES, RIP RAP COVERED SWALES, MAY BE REQUIRED.

EDGE OF LANE

Cranberry Lake

V (m

ax)

V 3H:1

BM2 - ELEVATION = 109.157m South-East property bar

“V” BOTTOM SWALE AS REQUIRED SEE TYP. SECTION

EDGE OF LANE

CROWN 1% (min)*

3H:1

BM1 - ELEVATION = 100.713m South-West property bar

ENTRANCE WIDTH PER PLANS PROVIDE POSITIVE DRAINAGE

SEE TYP. SECTION

1% (min)*

ax)

3H:1 V (m

(m

ax)

V 3H:1

x) (ma

NATIVE SOIL OR FILL MATERIAL

ORGANIC NATIVE SOILS TO BE STRIPPED PRIOR TO PLACEMENT OF ENTRANCE SUBBASE

PROPOSED GRADE PROPOSED OVERLAND DRAINAGE FLOW DIRECTION

VARIES

TYPICAL SECTION “V” BOTTOM SWALE

.0%

5

TEST PIT LOCATION

2.0 %

NATIVE SOIL OR FILL MATERIAL

25

Page 248 of 273

DETAILED GRADING AND DRAINAGE

TP

100.00

V 3H:1

CRANBERRY LAKE CONTROLLED WATERS EDGE REFER TO REFERENCE PLAN RP 13R19364 PART 1

GRADING PLAN

PROPERTY BAR WITH MARKER TYPE

EXISTING MAJOR CONTOUR

NOTE

INSTALL SILT FENCE DOWNSTREAM OF CONSTRUCTION ACTIVITIES (MINIMUM LIGHT DUTY, OPSD 219.110), SEE DETAILS. 80m LENGTH SHOWN

SSIB

138.33

LIGHT DUTY SILT FENCE

10

08

PROVISIONAL RETAINING WALL REQUIRED FOR GRADE CONTROL

300mm

FINISHED GRADE CONTOURS @ 0.25m & 1.25m INTERVALS

HYDRO POLE

EXISTING SPOT ELEVATION

  1. ALL DIMENSIONS AND ELEVATIONS ARE TO BE CHECKED AND VERIFIED BY THE CONTRACTOR. ANY DISCREPANCIES SHALL BE REPORTED TO THE DESIGNER AND ENGINEER.
  2. ROOF DRAINS ARE TO DISCHARGE ONTO GRASSED AREAS VIA SPLASH PADS AND NOT TO CONFLICT WITH WALKWAYS OR ADJACENT LOTS.

EXTENT OF PROPOSED SEPTIC SYSTEM, REFER TO DWG. 04 FOR DETAILS

DASHED LINE INDICATES “FILL” FINISHED GRADE TIE-IN TO EXISTING GRADE

HP

EXISTING GRADE ELEVATION

5.2

2

105.4

0%

10 6. 10

THE CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT SURFACE RUNOFF IS NOT ADVERSELY AFFECTING ADJACENT PROPERTIES THROUGHOUT THE DURATION OF THE CONSTRUCTION.

PROPOSED DWELLING

EXISTING MINOR CONTOUR

10

3.00

15 % 0. 5

2.0%

4.0%

1.0%

%

.0

10

SIDE YARD SWALES SHALL NOT BE CONSTRUCTED IN ANY WAY THAT MAY NOT CARRY THE DESIGNED CAPACITY OF THE SWALE, AND SHALL NOT ADVERSELY AFFECT ADJACENT LOTS IN ANY WAY.

HIGH WATER MARK (HWM) SETBACK

  1. ACRONYMS THAT MAY BE USED IN THIS DRAWING:

25

.0 %

4.0%

LINETYPE INDICATES GRADE BREAK OFFSET FROM DWELLING WITH 2.0% ± GRADE AWAY FROM FOUNDATIONS

25

GRADING AND DRAINAGE AT ANY TIME SHALL NOT ADVERSELY AFFECT ABUTTING LOTS OF CAUSE WATER TO ACCUMULATE AROUND THE PROPOSED CONSTRUCTION.

PROPERTY LINE

DRILLED OR DUG WELL

4.0%

3 105.3

4 106.0

PLAN LEGEND

10

6 106.1

0%

IN THE EVENT THAT BURIED ARCHEOLOGICAL REMAINS ARE FOUND DURING CONSTRUCTION ACTIVITIES, THE MINISTRY OF CITIZENSHIP, CULTURE AND RECREATION SHALL BE NOTIFIED IMMEDIATELY.

ENSURE MIN. 4’-0" FROST COVER TO FOUNDATION

4.0%

2.0%

5 105.4 6.0%

1.0%

25 .

4.0%

IN THE EVENT THAT HUMAN REMAINS ARE ENCOUNTERED DURING CONSTRUCTION, THE MINISTRY OF CITIZENSHIP, CULTURE AND RECREATION SHALL BE NOTIFIED IMMEDIATELY AND THE REGISTRAR OR DEPUTY REGISTRAR OF THE CEMETERIES REGULATION UNIT OF THE MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS (416) 362-8392, SHALL BE NOTIFIED IMMEDIATELY.

  1. 7 %

5 106.2

PROPOSED SEPTIC TANK, REFER TO DWG. 04 FOR DETAILS

SINGLE FAMILY DWELLING

25

19

A MINIMUM OF 0.15m (6") OF FOUNDATION EXPOSURE TO BE PROVIDED BETWEEN THE HIGHEST LOT GRADE ADJACENT TO THE HOUSE, GARAGE, OR OTHER STRUCTURE, AND THE TOP OF THE FOUNDATION WALL, AS PER O.B.C. 9.15.4.6.

2

3 5 105.5

7 105.6

F.F.E. = 106.40m

2.0%

2

105.5

2.0%

3.2%

.0%

POSITIVE DRAINAGE TO BE ENSURED FOR FINAL GRADE AND DURING CONSTRUCTION. IN NO CASE SHOULD GRADE BE DIRECTED TOWARDS THE FOUNDATION OF THE DWELLING.

EROSION AND SEDIMENT CONTROLS SHALL BE INSTALLED PRIOR TO CONSTRUCTION AND MONITORED AND MAINTAINED BY THE CONTRACTOR UNTIL COMPLETION. THE TEMPORARY SEDIMENT AND EROSION CONTROL MEASURES MUST BE REMOVED ONCE THE SITE HAS BEEN STABILIZED AND SITE WORKS COMPLETED.

5

ATTACHED GARAGE F.F.E. = 106.40m

2.0%

4.0%

3.00

0

25

19

2.0%

5 106.2

4

2.0%

3.00

105.3

5

7.8%

3

2.00

105.4

PORCH 106.30m

5 106.2

4.0%

105.5

1 106.2

5 105.5

105.4

% 2.0

40 106.

0%

2.0%

4 106. 3

40

1 105.5

0 106.1

2.0%

2.0%

DASHED LINE ADJACENT TO GARAGE INDICATES APPROXIMATE TIE-IN LIMIT TO EXISTING GRADE. EXCAVATE AS REQUIRED TO PROVIDE MINIMUM 2.0% FINISHED GRADE AWAY FROM FOUNDATIONS

8 106.1

105.20 2.0%

% 2.9

%

5 106.1

PROPOSED DRIVEWAY ENTRANCE

0%

GRADING:

2.0 %

106.29

5.0%

2.0%

105.43

8 106.1

FINISHED GRADE AROUND FOUNDATION WALLS MUST BE AT LEAST 150mm (MIN) BELOW THE TOP OF FOUNDATION, AS PER O.B.C. 9.15.4.6.

ENVIRONMENTAL:

RECOMMENDED NON-WOVEN GEOTEXTILE PLACEMENT UNDER SUBBASE

100mm GRANULAR “A” TOP COURSE 200mm GRANULAR “B” SUBBASE

TYPICAL SECTION UN-PAVED RURAL ENTRANCE NOT TO SCALE

NOTE THIS TYPICAL SECTION IS SHOWN TO ACT AS A GUIDELINE FOR RURAL UN-PAVED GRANULAR ENTRANCES ONLY. PAVEMENT STRUCTURES MAY VARY BASED ON INDIVIDUAL SITE NEEDS AND MUNICIPALITY REQUIREMENTS.

*ENTRANCE MAY SLOPE WITH A CROWN (AS SHOWN IN SECTION), OR IN ONE DIRECTION (LEFT OR RIGHT), OR FROM FRONT TO BACK, SO LONG AS POSITIVE DRAINAGE IS ACHIEVED AND WILL NOT IMPACT NEIGHBORING PROPERTIES OR IMPACT THE ENTRANCE SUBSTRUCTURE FROM PROLONGED OVERSATURATION.

DRAWING No. 3 2 1 No.

2023.11.06 2023.09.19 2023.07.07 DATE

MC MC MC BY

3

of

5

ISSUED FOR BUILDING PERMIT APPLICATION ISSUED FOR TOWNSHIP PRELIMINARY REVIEW ISSUED FOR CLIENT USE FOR PLANNING SUBMISSION

SET BA CK

ON POINT DRAFTING AND SURVEY PART 8, O.B.C. BCIN#: 120060

30m HW M

SET

4710 CARRYING PLACE ROAD, SOUTH FRONTENAC

TO HIGHWAY 15 SEALEY’S BAY

RISE

W

BURNT HILLS ROAD

W

TO PERTH ROAD BATTERSEA

E

E

SEPTIC DESGIN

S

E

S

Monty Residence

SYDENHAM ROAD

GL AN R SOL A

JU NE

AD

W EL 15 L S .00 ET BA C

K

CE

IN RY R A

G

RO

A PL

C

ATTACHED GARAGE OG

LA

PLOT DATE

November 6, 2023

DESIGN/ DRAWN

MC

SHEET SIZE

ANSI D, 22x34" HALF SIZE, 11x 17"

KE

D

SITE LOCATION PT LOT 25, CONCESSION 10, CARRYING PLACE ROAD

SINGLE FAMILY DWELLING 4" Ø TANK FEED SOLID PVC PIPE @ 2.0% (MIN) SLEEVED AT FOUNDATION

THIS DRAWING WAS CREATED FOR THE INTENTION OF THE PARTIES INVOLVED IN CONTRACT WITH ON POINT DRAFTING AND SURVEY. NEITHER THIS DRAWING, NOR COMPONENTS ILLUSTRATED HEREIN MAY BE REPRODUCED IN WHOLE OR IN PART, IN ANY FORM WHATSOEVER WITHOUT PRIOR WRITTEN AUTHORITY FROM ON POINT DRAFTING AND SURVEY. THIS DRAWING HAS BEEN DELIVERED ON THE UNDERSTANDING THAT IT IS NOT TO BE USED IN ANY WAY AGAINST THE INTERESTS OF ON POINT DRAFTING AND SURVEY.

KE

A YL RR

E

NB

A CR

KEY PLAN 1.50 4.64

80 2.

00

PV 4" C Ø HE SO A LID D ER

1.5m

1.5m

5.0m

5.5m

15.0m

23.05 m

15.0m

33.27m ±

FROM ALL OTHER WELLS

15.0m

n/a

30.0m

n/a

FROM SURFACE WATER

15.0m

n/a

15.0m

33.27m ±

3.0m

49.05m

3.0m

54

PROPOSED DWELLING

DAILY DESIGN SEWAGE FLOW (Q): TIME OF CONCENTRATION (NATIVE) (T): NATIVE SOIL: CLAY OVER ROCK

n/a

PROPOSED DWELLING ACCESSORY STRUCTURE

= 1200 L/day = 50+ min/cm

DRILLED OR DUG WELL

SEPTIC BED SIZING SEPTIC SYSTEM TYPE: BMEC ELJEN GSF-A42 MINIMUM SEPTIC TANK SIZE :

= 3600L

DISPERSAL AREA: ACTUAL NUMBER OF MODULES REQUIRED:

= 150m2 (QT/400) = 14 (95L/MODULE)

PROVIDE A 250mm THICK CLAY SEAL IF RAISED LEACHING BED IS TO BE INSTALLED ON BEDROCK.

BA

CK

15

HW

M

SE T

15 m

ELJEN DISPERSAL AREA 150m2 AREA C/W 14 GSF-A42 MODULES

10 .0 0

CRANBERRY LAKE CONTROLLED WATERS EDGE REFER TO REFERENCE PLAN RP 13R19364 PART 1

INSTALL SILT FENCE DOWNSTREAM OF CONSTRUCTION ACTIVITIES (MINIMUM LIGHT DUTY, OPSD 219.110), SEE DETAILS. 80m LENGTH SHOWN

HYDRO POLE

SSIB

PROPERTY BAR WITH MARKER TYPE

TP

TEST PIT LOCATION

= 300m (min) = 300m (min) = 150mm (min) = 600mm (min)

138.33

PROPOSED SPOT ELEVATION EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR

*NOTE: THIS SYSTEM HAS NOT BEEN DESIGNED TO ACCEPT THE ADDITIONAL FLOWS BROUGHT ON BY THE USE OF A GARBAGE DISPOSAL UNIT (GARUBRATOR)

100.00

SANITARY

PROPOSED FINISHED GRADE ELEVATION EXISTING GRADE ELEVATION

PROVIDE NON-WOVEN GEOTEXTILE (FILTER CLOTH) ROOT GUARD TO THE FILTER BED, INSTALLED VERTICALLY TO PROTECT AGAINST TREE ROOTS FROM LARGE ADJACENT TREES TO THE FILTER BED WHERE NECESSARY.

SEWER TRENCHING AND BEDDING SHALL CONFORM TO OPSD 802.010 AND 802.013 UNLESS NOTED OTHERWISE.

ALL SEWER FEED PIPING TO HAVE A MINIMUM SLOPE OF 2%

PROPOSED OVERLAND DRAINAGE FLOW DIRECTION

EFFLUENT FILTER TO BE POLYLOK PL- 122 OR EQUIVALENT.

PROPOSED SWALE

DISTRIBUTION HEADERS AND PIPING WITHIN THE LEACHING BED TO BE LOCATABLE BY MEANS DESCRIBED IN OBC 8.7.2.2. (2).

SEWER AND CONNECTIONS SHALL BE PVC. SOLVENT WELD PIPE AND FITTIN TO CSA B182.1

EXISTING SWALE

TO ENSURE PROPER SYSTEM OPERATION, ASTM C33 SAND MUST BE USED. THE CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT THE SPECIFIED SAND MEETS THE SPECIFICATION REQUIREMENTS BY SIEVE ANALYSIS TESTING.

INSULATE ALL SEWER SERVICE PIPE WITH LESS THAN 1.2m OF COVER

LIGHT DUTY SILT FENCE

ALL VEHICULAR TRAFFIC IS PROHIBITED OVER THE ELJEN GSF SYSTEM. ELJEN GSF AREAS AHSLL NOT BE INSTALLED UNDER PAVED OR CONCRETE AREAS. CARE SHALL BE TAKEN TO ENSURE DAMAGE TO THE DISTRIBUTION PIPING DOES NOT OCCUR FROM ANY SOURCE OF EXCESSIVE LOADING OVERTOP OF THE TREATMENT AREA.

ANY SEPTIC TANK TO BE INSTALLED SHALL BE A DUAL COMPARTMENT TANK AND MEET ALL REQUIREMENTS OF O.B.C. 8.2.2.

SITE BENCHMARKS

MATERIAL STANDARDS, ACCESS AND CONSTRUCTION METHODS AND PRACTICES SHALL CONFORM TO THE REQUIREMENTS OF CSA B66 “DESIGN, MATERIAL, AND MANUFACTURING REQUIREMENTS FOR PREFABRICATED SEPTIC TANKS AND SEWAGE HOLDING TANKS”.

THE SITE BENCHMARKS PROVIDED ARE FOR CONSTRUCTION AND PERMIT. THEY ARE BASED ON THE TOPOGRAPHIC SURVEY COMPLETED BY ON POINT DRAFTING AND SURVEY, JUNE, 2023.

THE MINIMUM WORKING CAPACITY OF ANY SEPTIC TANK SHALL BE 3600L.

BM1 - ELEVATION = 100.713m South-West property bar

SEPTIC TANK SHALL BE INSTALLED WITH A MINIMUM COVER OF 150mm. INSTALL ACCESS LID RISERS WHERE SEPTIC TANKS ARE BURIED TO A DEPTH GREATER THAN 150mm AND NOT MORE THAN 1.2m BELOW THE FINISHED GROUND SURFACE.

BM2 - ELEVATION = 109.157m South-East property bar

IF THE ABSORPTION BED REQUIRES TO BE RAISED SUCH THAT MORE THAN 150mm OF SPECIFIED SAND IS REQUIRED TO EXTEND ANY LIMITING FACTOR, THE FILL MATERIAL BELOW THE SPECIFIED SAND SHALL BE ASTM C-33 SAND OR IMPORTED SAND (WITH A PERCOLATION TIME OF AT LEAST 6 AND NOT MORE THAN 10 min/cm, WITH NOT MORE THAN 5% FINES PASSING THE #200 SIEVE.

2.0 %

PROPOSED GRADE

EXISTING TOP OF BANK

SITE BENCHMARK

SEPTIC TANK

FINISHED GRADE 100mm TOPSOIL & SEED

100mm Ø PVC DISTRIBUTION PIPE FROM SEPTIC TANK

300mm MIN. POROUS BACKFILL

100mm Ø PERFORATED PVC PIPE OVER MODULE

ELJEN GSF A42 MODULE

SAMPLING PORT

MODULE ROW SPACING (OUTSIDE OF MODULE): COVER (CLEAN FILL): BEDDING (ASTM C33 SAND): VERTICAL SEPARATION SAND:

ALL SEPTIC SYSTEM CONSTRUCTION TO BE CARRIED OUT IN ACCORDANCE WITH PART 8 OF THE MOST CURRENT VERSION OF THE ONTARIO BUILDING CODE (OBC). THE TOPSOIL TO BE STRIPPED AND SUBGRADE TO BE SCARIFIED IN BED AREA PERPENDICULAR TO THE DIRECTION OF FLOW.

HP

EXISTING SPOT ELEVATION

SEPTIC SYSTEM MUST BE INSTALLED BY A QUALIFIED, COMPETENT INSTALLER LICENSED AND REGISTERED TO INSTALL IN THE PROVINCE OF ONTARIO UNDER PART 8 OF THE ONTARIO BUILDING CODE.

.0

0

46

72

150m2 DISPERSAL AREA

HIGH WATER MARK (HWM) SETBACK

KEY DESIGN INFORMATION: 1.

28

PROPERTY LINE

DESIGN CRITERIA

TE R

O

FO

Ø

FROM STRUCTURE

LEACHING BED

PV

4"

LID

PROPOSED

FROM PROPERTY LINE

REFER TO DWG. 02 FOR FULL PROPERTY SETBACKS TO COMPONENTS OF SEWAGE SYSTEM

C

00

SO

SEPTIC TANK

(MIN. 6m CASING DEPTH)

NOTES: SINGLE FAMILY DWELLING BEDROOMS: 2 FLOOR SPACE: 195m2 FIXTURE UNITS: 21.5

DISTRIBUTION PROPOSED PIPING

CLEARANCE DISTANCES:

FROM CASED WELL

PROVISIONAL RETAINING WALL REFER TO DWG. 03 FOR DETAILS

4" Ø GRAVITY FEED SOLID PVC PIPE @ 2.0% (MIN)

50

4" Ø PERFORATED PVC DISTRIBUTION PIPING OVER MODULES. INSTALL ANTI-SILTATION FABRIC (SUPPLIED BY MANUFACTURER) OVER MODULES CONTINUOUSLY TO PREVENT FINES FROM ENTERING.

PLAN LEGEND

MINIMUM CLEARANCE DISTANCES AND PROPOSED CLEARANCE DISTANCES OBC TABLE 8.2.1.6. A & B

3600L CONCRETE SEPTIC TANK BOYD BROTHERS MODEL 3600L 6’-1"(W) x 8’-4"(L) C/W CHILD SAFETY RINGS

14 MODULES 2 ROWS OF 7 MODULES ENSURE 600mm VERTICAL SEPARATION SAND INSTALLED OVER ROCK

SEPTIC SYSTEM DETAILS:

SEPTIC SYSTEM CLEARANCE DISTANCES

6.00

30m HWM SETBACK

SAMPLE TRAY INSTALLED AT EACH END OF SAME ROW OF MODULES, SEE DETAIL

DRAFTING & SURVEY

N.T.S.

GEOTEXTILE FABRIC (SUPPLIED BY MANUFACTURER) OVER MODULE

FINISHED GRADE 4H:1

AX

BACKFILL

GSF MODULE SPECIFIED SAND

SEPTIC PLAN Page 249 of 273

0

1

2

3

1:100

4

5

6

7m

TYPICAL SECTION ELJEN GSF-A42 NOT TO SCALE

X

180mm 150mm

SAMPLING TRAY EFFLUENT RECEPTACLE

SEPTIC DESIGN AND DETAILS 1

300mm

V MA

M 4H:1V

SAMPLE TRAY BEGINNING & END OF SAME ROW 450mm MIN. VERTICAL SEPARATION (WHEN T= 7-49MIN/CM) 600mm MIN. VERTICAL SEPARATION (WHEN T=50MIN/CM+) NATIVE SOIL WITH T-TIME OF >50MIN/CM, OR BEDROCK*, OR WATER TABLE

150mm MIN. ELJEN SAND ASTM C-33 ASTM C-33 SAND OR IMPORTED SAND T-TIME 6-10 MIN/CM

TYPICAL SECTION ELJEN GSF-A42 NOT TO SCALE

*NOTE: WHEN BEDROCK IS PRESENT, 250mm OF SILTY CLAY IS TO BE INSTALLED OVER BEDROCK TO ACT AS A CLAY SEAL

DRAWING No. 3 2 1 No.

2023.11.06 2023.09.19 2023.07.07 DATE

MC MC MC BY

4

of

5

ISSUED FOR BUILDING PERMIT APPLICATION ISSUED FOR TOWNSHIP PRELIMINARY REVIEW ISSUED FOR CLIENT USE FOR PLANNING SUBMISSION

Monty Residence SET

4710 CARRYING PLACE ROAD, SOUTH FRONTENAC RISE

W

GRADING VISUALS

S

GL AN R SOL A

Elevations Table Number

Minimum Elevation

Maximum Elevation

Area

1

97.64

99.82

2327.90

2

99.82

101.45

1954.78

3

101.45

102.97

1886.94

4

102.97

104.62

1434.09

5

104.62

105.64

754.98

6

105.64

106.25

567.10

7

106.25

106.96

540.86

8

106.96

109.30

865.81

PLOT DATE

November 6, 2023

DESIGN/ DRAWN

MC

SHEET SIZE

ANSI D, 22x34" HALF SIZE, 11x 17"

Color

THIS DRAWING WAS CREATED FOR THE INTENTION OF THE PARTIES INVOLVED IN CONTRACT WITH ON POINT DRAFTING AND SURVEY. NEITHER THIS DRAWING, NOR COMPONENTS ILLUSTRATED HEREIN MAY BE REPRODUCED IN WHOLE OR IN PART, IN ANY FORM WHATSOEVER WITHOUT PRIOR WRITTEN AUTHORITY FROM ON POINT DRAFTING AND SURVEY. THIS DRAWING HAS BEEN DELIVERED ON THE UNDERSTANDING THAT IT IS NOT TO BE USED IN ANY WAY AGAINST THE INTERESTS OF ON POINT DRAFTING AND SURVEY.

PROPERTY LI NE CONTROLLED NORMAL W ATERS EDGE

JU NE

E

E

DRAFTING & SURVEY

CO

NT

RO

LL PRO ED P NO ERT RM Y L AL INE W AT E

RS E

DG

E

3D ISOMETRIC FRONT VIEW

3D ISOMETRIC SIDE VIEW

Page 250 of 273

WATERSHED ELEVATION BANDING

DRAWING No.

1 No.

2023.11.06 DATE

MC BY

5

of

5

ISSUED FOR BUILDING PERMIT APPLICATION SUBMISSION

Page 251 of 273

Page 252 of 273

Page 253 of 273

Page 254 of 273

Page 255 of 273

Hi I would like to provide some comments on this application for a minor variance that will be brought to the February 8, 2024 Committee of Adjustment meeting.

  1. I have a general concern about the dismissal of the minimum set back requirements. If a 30m setback is a requirement for an RLSW property under the Township’s zoning by-law, why would property owners, by way of approval by the Committee of Adjustment, get to reduce this requirement? When a property is purchased, it should be the responsibility of the buyers to plan their building design to fit within the setbacks that are in place.
  2. The variance is described as minor but going from a 30m to a 15m setback seems quite substantial so I would argue it is not a minor variance.
  3. The minimum setback requirements could be met more closely with an adjustment to the layout of the proposed building - the garage as currently configured pushes the house portion about 6-8 meters closer to the shore - if the garage were placed to the north of the house, the house could be shifted to fall about at least 50% within the setback.
  4. I live at 1199 Cranberry Cove Lane. If the Monty/Leonard house is constructed where proposed, I am concerned it will be evident from both the water (as noted by the RWDRT, visual protection to maintain the heritage value is important) and with lighting at night. My husband and I purchased our property in 2007, it was quite dark around here at night at that time. With the recent developments in the immediate area including across the bay, light pollution is definitely a negative factor. if the reduced setback is granted, there should be a requirement to retain all vegetation in the reduced setback perimeter to reduce the visual impact as much as possible and to ensure any lighting is low, directed down, and will not be obtrusive.
  5. The Staff report indicates no public comments received. I do not know how we could have been aware of this application ahead of time. Our residence is about 400m away from the proposed building, across open water, I gather notice is only given to those neighbouring property owners within 60m of the subject property.

Thanks for your attention to my comments. Alida Moffatt

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January 26, 2024

CRCA File: MV/FRS/2/2024

Sent by E-mail Mr. Tom Fehr, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Fehr: Re:

Application for Minor Variance PL-ZNA-2023-0137 (Monty & Leonard) Pt Lot 25, Concession 10; Carrying Place Road Storrington District, Township of South Frontenac Waterbody: Cranberry Lake

The Rideau Waterway Development Review Team (RWDRT), made up of staff from Cataraqui Conservation and Parks Canada, has reviewed the above-noted application for minor variance, and provide the following comments for the Committee of Adjustment’s consideration. The site was visited by Cataraqui Conservation staff on October 12, 2023. Proposal The proposal involves the construction of a single-detached dwelling with an attached garage and a septic system on the property. Permission is requested to: • •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 15 metres and 24.4 metres to permit the construction of the dwelling and septic system, respectively; Reduce the required setback from the top of bank from 15 metres, as required by Section 5.8.2.b) of the South Frontenac Zoning By-law, to 6 metres and 7.7 metres, to permit the construction of the dwelling and septic system, respectively.

Site Description The property is located on the north shore of Cranberry Lake. The topography of the property where the development is proposed can be described as having a very high bedrock bank along the shoreline, then levelling out into a plateau in the centre of the lot. To access the lot, the driveway cuts through a low-lying area to the north of the property. The property is heavily vegetated with mature trees. The property is designated ‘Rural’ in the Official Plan and is zoned ‘Limited Service Residential Waterfront’ (RLSW) in the implementing Zoning By-law. Discussion

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The main interests of the RWDRT in this application are the avoidance of natural hazards associated with the shoreline of Cranberry Lake (e.g. flooding and erosion) and the conservation of the cultural and natural heritage and scenic values of the Rideau Canal National Historic Site and UNESCO World Heritage Site. Natural Hazards Flooding: The maximum recorded water level for Cranberry Lake is 98.95 metres geodetic. For Cranberry Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and site observations, the proposed dwelling and septic system will be located outside of the setback from the regulatory flood plain. Staff note that the driveway in the low-lying area adjacent to the floodplain will need to be floodproofed, such that the elevation of the road is at least 98.70 m GSC (i.e. allows for no more than 0.25 m of overtopping during a flood event). This requirement will be confirmed at the permitting stage. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Due to the stable bedrock slope, and in accordance with provincial technical guidelines, CRCA defines the extent of the erosion hazard as 6 metres from the stable top of bank. The purpose of this setback is to ensure that regular maintenance or repair of buildings and structures, or bank stabilization and shoreline protection works, can occur, and that emergency personnel have the ability to access shoreline areas. Based on the site plan and observations taken on site, the proposed dwelling and septic system will meet the applicable 6 metre top of bank setback. Staff have no concerns from a natural hazards perspective. If approved, staff recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term. Heritage Values of the Rideau Canal The subject property is located on Cranberry Lake, part of the Rideau Canal National Historic Site and UNESCO World Heritage site. The Rideau Canal National Historic Site is valued in part for its historic, ecological and visual associations with shore lands and communities along the waterway which contribute to the unique historical environment of the canal [Parks Canada, Rideau Canal Commemorative Integrity Statement, 2000]. In addition, when the Rideau Canal was inscribed on the World Heritage List in 2007, the World Heritage Committee recognized a 30 metre buffer zone surrounding the inscribed property and recommended that consideration be given to strengthening the canal’s visual protection outside the buffer zone, in order to ensure that the visual values of the setting are protected alongside environmental values. In this sector of the Canal the buffer zone extends back from the high water mark of Cranberry Lake.

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Per the Operational Guidelines for the Implementation of the World Heritage Convention, effective management of a world heritage site goes beyond the property to include any buffer zone(s), as well as the broader setting. Ways this can be achieved are through limiting development within the 30 metre buffer zone, and by designing development to be unobtrusive, visually screened and integrated within the vegetation and topography. We encourage developing the property in a manner that complements the visual character of the landscape and minimizes visual impact on the protected heritage property. The use of building materials and colours that blend in with the surrounding landscape are encouraged. Earth tones and neutral colours are recommended for the finished exteriors. Reflective materials, such as galvanized and bare metals, particularly for roof coverings and support structures, are discouraged. In accordance with the PPS (2020), planning authorities shall strive to maintain, and where possible, enhance water quality through the review of development proposals. One way to achieve this and to protect natural heritage is through provision of an adequate riparian buffer or “ribbon-of-life”. A minimum buffer of 30 metres can provide a buffer of undisturbed soil and vegetation along the shoreline, which will help to filter runoff, prevent soil erosion, and provide wildlife habitat. Due to site constraints, the proposal maximizes the setback from the water and has been designed to complement the local landscape. For long term protection, we recommend preservation and, where possible, enhancement of the vegetative buffer between the proposed building and the water. This can be achieved through: • • •

Limiting vegetation and soil mantle disturbance within 30 m of the water; Directing runoff from hardened surfaces (e.g. roofs, decking, patios) away from the water to a vegetated area to allow for maximum infiltration before entering the lake; Use of native, non-invasive species when landscaping and gardening on waterfront properties.

Over the last ten years, Parks Canada has been working closely with all 13 municipalities, three counties, two conservations authorities, the Province and First Nations along the Rideau Canal as part of a collaborative working group called the Rideau Corridor Landscape Strategy. One of the initiatives undertaken by this group is the Principles for Good Waterfront Development. The 10 Principles provide helpful guidance when undertaking new development/redevelopment along the historic site. Recommendation The RWDRT has no objection to the approval of application PL-ZNA-2023-0137 based on our review of natural hazards and cultural and natural heritage protection policies. We also recommend implementation of the above-noted best practice measures (in bold text) and advise the applicant that a CRCA permit will be required at the building permit stage. Regulatory Requirements

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Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation 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 the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain of Cranberry Lake, or within 15 metres of the top of bank of the shoreline is subject to O. Reg. 148/06. Therefore, a CRCA permit will be required for the development. The landowner(s) should contact CRCA’s office at the building permit stage for more information about permitting requirements under O. Reg. 148/06. The Parks Canada Rideau Canal Office is an approval authority for all in-water and shoreline works along the Rideau Canal. If the landowner wishes to carry out any in-water and shoreline works, the Rideau Canal Office must be contacted. Written approval must be obtained prior to the commencement of construction. Work must adhere to the Policies for In-water and Shoreline Works and Related Activities. The Parks Canada/Rideau Canal permitting staff can be reached at on-rc-cr.permits-permis@pc.gc.ca. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by email at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner Cataraqui Conservation cc:

Tom Green, Ontario Waterways Unit, Parks Canada Applicant, via email

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Minor Variance

Type of Application or Proposal:

Comments:

Location:

Pending approval of the minor variance application, apply for and obtain a sewage system permit through this office. Final sewage system design and details to be confirmed at this stage.

No objections to the proposed sewage system location.

0 Carrying Place Road ARN 102907006022150 Concession 10, Part Lot 25; RP 13R19364, Part1 Township of South Frontenac (Storrington)

Shane Monty & Colleen Leonard

MV—ZNA20230137

Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH2T0

Application Number:

To:

SEWAGE SYSTEM REVIEW COMMENTS

FRONTENAC

Applicant Name(s):

v\

'~

/r«~“— SOUTH

& M

Development Services 4432 George St, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 2226 buildin southfrontenac.net

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: February 8, 2024 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0137, Monty and Leonard, Carrying Place Road, Storrington District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for a single detached dwelling and septic system subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Zoning Relief Requested:

Structure

Section

Provision

Single detached dwelling

5.8.2(a) Minimum setback from a watercourse 5.8.2(b) Minimum setback from the top of bank 10.3.1 Minimum front yard setback 5.8.2(a) Minimum setback from a watercourse 5.8.2(b) Minimum setback from the top of bank

Septic system

30m

Proposed Setback 15m

Requested Variance 15m

15m

6m

9m

30m

15m

15m

30m

24.4m

5.6m

15m

7.7m

7.3m

Related Applications The lands are not subject to any additional applications under the Planning Act. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 262 of 273

Township of South Frontenac Staff Report - PL-ZNA-2023-0137, Monty and Leonard, Carrying Place Road, Storrington District

Discussion Property Description The subject property has a lot area of 1.42ha with 245m of frontage on Cranberry Lake. The property is accessed via private right of way from Carrying Place Road. As can be seen in the site photos of Exhibit A, the property is a peninsula comprised of a large outcrop of land that rises from the lake – the property is surrounded on three sides by water. The property is primarily treed and contains mature tree cover and is currently vacant. The proposed area of development is located near the top of the hill on the property and is surrounded on all sides by a steep embankment. The surrounding area is characterized by waterfront residential development. Summary of Proposal The Owner proposes to construct a one storey single detached dwelling and a septic system on the property. The dwelling will have a floor area of approximately 266sqm. Minor variances are requested to allow the dwelling and septic system to be set back less than 30m from the highwater mark of Cranberry Lake and less than 15m from the setback from top of bank. The dwelling is proposed to be set back 15m from Cranberry Lake and 6m from the top of bank. The septic system is proposed to be set back 24.4m from Cranberry Lake and 7.7m from the top of bank. Agency Comments The application was circulated to the Rideau Waterway Development Review Team (RWDRT) for review and comment. Regarding natural hazards they advised that the proposed development is located outside the flooding and erosion hazard. They note that the existing driveway is in a low lying area and will need to be floodproofed – this requirement will be confirmed through a CRCA permit. They have no objection to approval of the application and they recommend directing runoff from hardened surfaces away from the water to vegetated areas, limiting vegetation and soil mantle disturbance within the 30m setback, and that the maintenance and enhancement of a healthy buffer of native vegetation between the development and the water is implemented. No comments were received from Building Services at the time of writing this report. Public Comments No comments were received from the public at the time of the writing of this report.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 263 of 273

Township of South Frontenac Staff Report - PL-ZNA-2023-0137, Monty and Leonard, Carrying Place Road, Storrington District

Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The proposed variances maintain the general intent and purpose of the Official Plan related to residential development, and development adjacent to environmentally sensitive areas. The variances would facilitate construction of a single detached dwelling and septic system on lands that are designated Rural in the Official Plan on Schedule A. The proposed location of the development minimizes site alteration required and maximizes the setback of the dwelling and septic system from the lake, as intended by section 5.2.7(b) of the Official Plan. The proposed dwelling and septic system would be close to a steep slope which surrounds the area of proposed development. Section 5.2.4 of the Official Plan states that the Township will direct development or site alterations away from lands identified by the municipality which may be subject to shoreline erosion hazards. This is typically done through the implementation of a 15 metre setback from the top of bank, as required by the Zoning By-law. The proposed development is set back varying distances from top of bank ranging from 6m (dwelling) to 7.4m (septic system). Cataraqui Conservation reviewed the application with regard to natural hazards and confirmed that it would be safe for the development to be located in the proposed locations. The proposed location of the proposed development works with the topography of the land and minimizes site alteration required and maximizes the setback of the development from the highwater mark, as intended by section 5.2.7(b) of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed dwelling and septic system is a permitted use in the RLSW zone. Meeting the 30m setback from the highwater mark is not possible on the property due to the configuration of the property being a peninsula, and the composition of the topography being a hill with multiple steep slopes.– these features limit development on the property to the proposed area of development which is a relatively flat area near the top of the hill. The location of the development maximizes the setback from the highwater mark. The application complies with all other zoning requirements including lot coverage which is to be 1.8%. With the recommended conditions the proposed variance maintains the general intent and purpose of the Zoning By-law. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0137, Monty and Leonard, Carrying Place Road, Storrington District

Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variances are desirable for the appropriate development of the land. The proposed development is located in the only practically developable area on the property considering the site configuration and constraints. The proposed location will minimize site alteration and vegetation removal required (e.g. maintain topography, soil mantle and existing vegetation), and ensure that development setbacks are maximized from the top of bank/watercourse. Is the variance minor? The requested variances are minor as they maintain the general intent and purpose of the Official Plan and Zoning By-law and are desirable for the appropriate development of the land. They are not anticipated to impact the existing or planned functionality of the property and adjacent properties. Vegetation would be maintained to provide visual screening from the nearest neighbours and to provide visual screening and buffering to the lake. The requested variances are minor in nature.

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Attachments Exhibit A – Site Photos

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0137 subject to the following conditions.

  1. The minor variance is for a single detached dwelling and septic system: a. The dwelling is permitted to be set back a minimum of 15m from the watercourse and 6m from the top of bank;

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0137, Monty and Leonard, Carrying Place Road, Storrington District

b. The septic system is permitted to be set back a minimum of 24.4m from the watercourse and 7.7m from the top of bank; c. The location of the development on the property must be consistent with the application sketch prepared by On Point Drafting and Survey (November 6, 2023). 2. The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the watercourse and neighbouring buildings and structures, and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. With the exception of the area of proposed development a natural vegetated buffer must be maintained in its natural state within 30 metres of Cranberry Lake. d. In the event that deeply buried, or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease, and the site must be secured. The Program and Services Branch of the Ministry of Heritage, Sport, Tourism and Culture Industries (416-314-7132) and Township of South Frontenac Development Services Department (613-376-3027, extension 2235) must be immediately contacted. e. In the event that human remains are encountered, all work must immediately cease, and the site must be secured. The OPP (1 888-310-1122), the Registrar of Cemeteries at the Ministry of Government and Consumer Services (416-212-7499), the Program and Services Branch of the Ministry of Heritage, Sport, Tourism and Culture Industries (416-314-7132), and Township of South Frontenac Development Services Department (613-3763027, extension 2235) must be immediately contacted. 3. A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0137, Monty and Leonard, Carrying Place Road, Storrington District

  1. Minor variance PL-ZNA-2023-0137 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Tom Fehr, Planner Report Reviewed By: Christine Woods, RPP MCIP, Senior Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0137, Monty and Leonard, Carrying Place Road, Storrington District

Exhibit A Photo 1 – Looking along easement towards subject property

Photo 2 – Towards subject property from near northern property line

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0137, Monty and Leonard, Carrying Place Road, Storrington District

Photo 3 – Looking northeast towards proposed septic system location

Photo 4 – Looking north towards area of proposed dwelling

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0137, Monty and Leonard, Carrying Place Road, Storrington District

Photo 5 – Looking south towards waterfront from area of proposed development

Photo 6 – Looking southwest along shoreline

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0137, Monty and Leonard, Carrying Place Road, Storrington District

Photo 7 – Looking northeast along shoreline

Photo 8 – Towards the approach of the proposed driveway up the hill

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 271 of 273

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: February 8, 2024 Subject: Decisions on Delegated Consents

Summary This report is an information report to the Committee of Adjustment summarizing the Consents that have been approved by Delegated Authority since the last Committee of Adjustment Meeting.

Background The authority to grant undisputed consents is delegated to the Director of Development Services under By-law 2020-27. This report lists the applications which met the criteria for being considered as an undisputed consent and have received provisional consent approval. Committee of Adjustment is notified for information.

Discussion/Analysis a) PL-BDJ-2023-0128 (Carey) - Storrington This undisputed consent was granted provisional consent on January 23, 2024. The purpose of this consent application was for the creation of one rural residential lot, being 0.8 hectares in area, and having 76 metres of frontage on Mount Chesney Road. b) PL-BDJ-2023-0121 (Allan) - Portland This undisputed consent was granted provisional consent on January 24, 2024. The purpose of this consent application was for the creation of one limited service waterfront residential lot, being 5.7 hectares in area, with 400 metres of frontage on Silver Rock Lane, 35.7 metres of frontage on Hambly Lake, and 75.5 metres of frontage on Hardwood Creek. Attachments Appendix A – Mapping of applications Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Brad Wright, Director of Development Services

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Township of South Frontenac Staff Report - Decisions on Delegated Consents

APPENDIX A

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