Committee Of Adjustment - 09 Mar 2023 - Agenda

Published March 9, 2023

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Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: March 9, 2023 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, March 9, 2023 Council Chambers/Virtual via Zoom.

Call to Order

Resolution

Adoption of Agenda

Resolution

Electronic Meeting Information

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.

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

None Declared.

Approval of Minutes – February 9, 2023

Resolution

Consent Applications from Previous Meetings:

S-13-21-P (5006755 Ontario Ltd) (Beach) Application Details: Property Address: 5356 New Morin Road Applicant/Owner: 5006755 Ontario Ltd. Agent: Gary Beach Purpose and Effect of the Application: The application is requesting consent to create a new rural residential lot. The severed parcel would be 0.9 hectares (2.4 acres) in area and have a minimum 86 metres (282 feet) of frontage on New Morn Road. The severed parcel is developed with an existing house. The retained parcel would be 14.9 hectares (37 acres) in area with 559 metres (1833.5 feet) of frontage on New Morin Road.

New Consent Applications:

None

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Page 1 of 373

Minor Variance Applications from Previous Meetings:

PL-ZNA-2022-0140 (Murphy) (Sands) Application Details: PropertyAddress:1003 Island View Lane Applicant: Nicole & Gordon Murphy Agent:Benjamin Sands PurposeandEffectoftheProposed Variance To request permission under section 45(2) of the Planning Act to enlarge a legal non- conforming dwelling within 30m of the highwater mark of Knowlton Lake. The existing 1056 squarefootdwellingwith295squarefootattacheddeckissetback9.7mfromthehi ghwater mark. A 720 square foot second storey addition would be added to a portion of the dwelling that is setback 14m from the highwater mark.

New Minor Variance Applications:

PL-ZNA-2023-0007 (Lindsay & Nakonechny) Application Details: Property Address: 3094 Ernie Lane Applicant: Judy R Gilbert Lindsay & David J Nakonechny Agent: Ashley Osmar Purpose and Effect of the Proposed Variance: To request permission under section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30 metres of the highwater mark of Loughborough Lake and within the 10 metre rear yard of the RLSW zone and within the 5 metre setback from Earnie Lane. The existing 94.5 metre single storey dwelling with attached deck is set back 28 metres from the lake and 4.7 metres from the rear lot line / Ernie Lane. This building will be replaced with a two storey dwelling that have a 114.7 square metre ground floor area and a 145.2 square metre gross floor area. The new dwelling will be set back 27.5 metres from the lake and 1.8 metres from the rear lot line / Ernie Lane. The height of the new dwelling will also be increased to 7.5 metres. The applicant is also proposing to construct a complying 66 square metre detached garage.

PL-ZNA-2023-0015 (Buchanan) Application Property Address: 1251 Retreat Lane Applicant: Natasha Buchanan Purpose and Effect of the Proposed Variance The Owner proposes to construct a 32.6sqm deck attached to a 113.2sqm single detached dwelling. With the attached deck lot coverage of the principal building on the property will be 5.6%. A minor variance is being requested to allow the principal building to exceed 5%.

PL-ZNA-2023-0016 (Morgan) (Dick) Application Details: Property Address: 5323 Cranes Nest Lane Applicant: Ronald Morgan Agent: John Dick Purpose and Effect of the Proposed Variance: The Owner proposes to construct a 62.1sqm addition onto an existing 78.5sqm detached garage. A minor variance is being requested as the lot coverage of accessory buildings on the property exceeds the lot coverage of the existing principal building (single detached dwelling). The area of the

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single detached dwelling is 164.8sq and the total area of all accessory buildings is proposed to be 395.2sqm. d)

PL-ZNA-2023-0017 (Doerksen) (Tolles - Laframboise Construction) Application Details: Property Address: Lot 36, Plan 1951; Maple Hill Applicant: Cameron Doerksen Agent: Brian Tolls – Laframboise Construction Purpose and Effect of the Proposed Variance: The Owner proposes to construct a two storey single detached dwelling and a septic system on the property. The dwelling will have a ground floor area of 137.4sqm including attached deck and a gross floor area of 193.7sqm. The single detached dwelling will be set back 22.5m from the highwater mark and the septic system will be set back 15.5m from the highwater mark. The property was previously subject to minor variance decision MV-13-05-2 which approved a dwelling on the property to constructed a minimum of 24.5m from the highwater mark and 6.5m from the front lot line. The proposed dwelling is located closer than 24.5m to the highwater mark and the previous decision did not provide any relief for the septic system. Minor variances are being requested to allow the dwelling and septic system to be set back less than 30m from the highwater mark.

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PL-ZNA-2023-0019 (O’Brien) (Ireland) Application Details: Property Address: 328 Koen Road Applicant: Patrick Edmund O’Brien Agent: Paul Ireland Purpose and Effect of the Proposed Variance: The Owner proposes to construct a 178.8sqm detached garage on the property. A minor variance is being requested to locate the detached garage in the front yard of the property, between the existing single detached dwelling and Koen Road. A minor variance is also being requested to allow the height of the garage to be more than the 6m permitted for accessory buildings in the RLSW zone.

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PL-ZNA-2023-0020 (Rutledge) Application Details:

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Property Address: 1111 Heron Lane Applicant: Shawn Rutledge & Katie Shanks Purpose and Effect of the Proposed Variance: To request permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling within 30m of the highwater mark of Loughborough Lake. The existing 204.4sqm single detached two storey dwelling is to be expanded with a 83sqm single storey addition attached to the side of the existing dwelling. The addition contains a breezeway, carport, storage area, and screened in porch. The property was previously subject to minor variance decision MV-50-20-S which permitted a 13.4sqm second storey addition to be added onto the dwelling. g)

PL-ZNA-2023-0021 (Hanschmann) Application Details: Property Address: 1211 White Lake Road Applicant: Nancy Hanschmann Purpose and Effect of the Proposed Variance:

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The property contains two dwellings, whereas the Rural (RU) zone only permits one dwelling. The purpose of the application is to request permission under section 45(2) of the Planning Act to enlarge one of the dwellings on the property. The effect would be to permit a 1200 square foot addition to the western dwelling. 10 .

Other Business

Decisions on Delegated Consents

11 .

Adjournment

Resolution

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Committee of Adjustment Meeting Page 5 of 373

Thursday, March 9, 2023 7:00 p.m. Council Chambers 4432 George Street, Sydenham, ON and Virtual on Zoom

Welcome to the Virtual Meeting for the Committee of Adjustment This is a hearing of the Committee of Adjustment for the Township of South Frontenac. All members of the public joining on Zoom are muted on our end and your cameras will not be turned on. Committee Members

Township Staff

• Alan Revill

• Christine Woods (Senior Planner)

• Brett Moreland

• Tom Fehr (Planner)

• Doug Morey

• Michelle Hannah (Secretary Treasurer & Deputy Clerk)

• Kevin Fox • Mike Howe • Norm Roberts Page 6 of 373

• Randy Ruttan • Steven Pegrum

Call to Order Adoption of Agenda • Call to Order • Adoption of Agenda • Electronic Meeting Information • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Hearings for Applications Page 7 of 373

• Consent Granting Authority Report • Other Business • Adjournment

Electronic Meeting Information Format for Each Hearing

The Chair will introduce the file
The Planner will provide an overview of the application
The Planner will make a recommendation on the application
Questions or comments from the Applicant / Agent / Members of the Public
Committee deliberation and vote
The Chair will state whether the vote was carried Page 8 of 373

After the Meeting • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, it will be forwarded to the applicant and anyone who has requested to be notified within 15 days. • The applicant, the Minister or a specified person or public body in as defined by the Planning Act subsection 1(1) may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the SecretaryTreasurer of the Committee of Adjustment within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal. Page 9 of 373

• If you have any questions after the meeting, please reach out to staff.

How to Speak to an Application • The Chair of the meeting will open the floor to public comments • Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating by telephone • The Chair will recognize a member of the public, and the Meeting Host will unmute the member of the public • Once the member of the public is done speaking or the Committee has no further questions, the Meeting Host will mute their microphone • If a member of the public attending in person wishes to speak, we ask that they raise their hand, wait to be called on and clearly state their name for the record. Page 10 of 373

In Case of Technical Difficulties • If a Committee member joining virtually disconnects from the meeting, the meeting will proceed if there is still quorum. The Committee member will attempt to reconnect. • If quorum cannot be met within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants. • A notice will also be posted on the Township’s social media if the meeting is postponed.

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Declaration of Pecuniary Interests Approval of Minutes of Previous Meeting Consent Applications Page 12 of 373

Application S-13-21-P Consent to Sever Applicant: 5006755 Ontario Ltd Agent: Gary Beach Location: 5356 New Morin Road

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Property Location • Northwest of Sydenham • Near Knowlton Lake • 17.6 ha (43.5 acres) • 800 metres frontage

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Proposal • Create one new residential lot • Severed Parcel • 0.9 ha (2.4 acres) • 86m frontage • Existing dwelling

• Retained Parcel • 16.7 ha (41.2 acres) • 714m frontage • vacant

• Related applications Page 15 of 373

• S-11-21-P and S-12-21-P

Severed Parcel

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Looking west on retained parcel

Entrance and old sand pit

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Existing entrance to retained parcel

Looking at old sand pit from entrance

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Environmental Impact Assessments • March, June, July 2021 • Evaluate and assess impact of severed lots and retained parcel on natural environment • Demonstrate that watercourse and swamp do not provide direct surface water connection to Knowlton Lake • Contain recommendations that are applicable to retained parcel

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• Further assessment for turtle nesting and whip-poor-will habitat depending on development location • Restrictions on tree removal during bat roosting and bird breeding season

Agency and Department Comments • Ministry of the Environment, Conservation and Parks • The 300m distance for at-capacity lake trout lakes should be measured from western edge of marsh wetland • No concerns with severed parcel because it is developed and the sewage system was upgrade • No concerns with retained parcel if it contains a suitable location for sewage system more than 300m from the lake/wetland

• Cataraqui Conservation – no objection • Building Services – a new sewage system was installed on severed parcel Page 20 of 373

• Public Services – there is one safe access location for retained parcel

Public Comments • Several comments received in opposition to the three applications • Concerned about negative impact on water quality of lake

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S-13-21-P

300m Setback

Highwater Mark of Knowlton Lake

S-11-21-P

Swamp

Approximate Entrance Location Page 22 of 373

S-12-21-P

Analysis • Residential lot creation permitted in Rural areas • Development restrictions near sensitive surface water features • New lot creation not permitted within 300m of at-capacity lake trout lakes

• Severed parcel is 30m from lake/wetland and is developed • Retained parcel has an area more than 300m from lake for sewage system and outside potential habitat • Intent of lake trout lake policy is met • Special conditions needed for retained parcel Page 23 of 373

• Zoning by-law amendment to require 300m setback for sewage system • Development agreement

Recommendation • Approval • Pending any comments received • Subject to conditions in Planning Report

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Public Questions and Comments If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

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S-13-21-P Committee Deliberation and Vote

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Applications for Minor Variance and for Permission to Enlarge Legal NonConforming Uses

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Application PL-ZNA-2022-0140 Permission to Enlarge Legal Non-Conforming Use

Applicant: Nicole and Gordon Murphy Agent: Benjamin Sands Property:1003 Island View Lane

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Property Description

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• Knowlton Lake • Island View Lane • Rural designation • RLSW zone • 0.4 ha (1 acre) • Existing 1,056 sq. ft. dwelling with 295 sq. ft. deck • Two accessory sheds

Proposal • Add 750 sq. ft. second storey addition • 14m from highwater mark

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Dwelling viewed from lane

Shoreline slope and top of bank

Area of second storey addition

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Department, Agency and Public Comments • Cataraqui Conservation – satisfied Slope Stability Report demonstrated the slope is stable and house will be safe • Public Comments – none received

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Preliminary Planning Analysis • A dwelling is a permitted use in the RLSW zone • The building is legal non-conforming because it is less than 30m from highwater mark (i.e. 9.7m) • Dwelling is not in erosion hazard per Slope Stability Report • Second storey addition will be setback 14m from highwater mark • No adverse visual impact anticipated • Appropriate to grant permission to enlarge the dwelling

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Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Development agreement – shoreline planting plan • Building permit is required for ALL demolition and construction on the property Page 35 of 373

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PL-ZNA-2022-0140 Committee Deliberation and Vote

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Application PL-ZNA-2023-0007 Permission to Enlarge Legal Non-Conforming Use

Applicant: Judy Lindsay and David Nakibechny Agent: Ashley Osmar Property: 3094 Ernie Lane

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Property Description • Lot area of 0.13ha - 30.5m frontage on Loughborough Lake • Existing dwelling with attached deck, accessory structures, & septic system • Rural designation • RLSW zone Page 39 of 373

Proposal • Permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within setback from highwater mark/rear yard/ROW • Proposed dwelling will be: • Set back further from water than existing • Slightly closer to rear yard/Ernie Lane

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• Height of dwelling will be increased to 7.5m • Dwelling will increase in gross floor area from 94.5sqm to 145.5sqm

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North Elevation

West Elevation

South Elevation

East Elevation

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Towards existing dwelling from road

Area between dwelling and road

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West along Ernie Lane

Towards waterfront

Department, Agency and Public Comments • Cataraqui Conservation – • No objection to the approval of the application.

• Building Services – • A performance review of the existing septic system indicated that it can be used for the proposed development

• Public Comments – • No comments received. Page 44 of 373

Planning Analysis

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• Dwelling is legal non-conforming, setback 27.9 metres from the lake and 4.7m from the rear lot line/Ernie Lane. • Setback to water will be increased to 28m with the proposed dwelling and setback to rear lot line/Ernie Lane reduced to 1.8m • Lot coverage will increase from 6.9% to 8% • Section 5.10.2 of the Zoning By-law, 45 (2) of Planning Act increase gross floor area, living space & height of dwelling. • No adverse visual impact on the properties to the east and west over the existing condition – proposed dwelling is within maximum permitted height.

Recommendation

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• Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Shoreline remediation within 15m of lake • Building permit is required for ALL demolition and construction on the property • Development Agreement

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PL-ZNA-2023-0007 Committee Deliberation and Vote

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Application PL-ZNA-2023-0015 Minor Variance

Applicant: Natasha Buchanan Property: 1251 Retreat Lane

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Property Description

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• Lot area of 0.26ha - 44m frontage on Sydenham Lake • Terrain: a level area at rear of property with a gradual slope followed by a steep slope to water • Vacant • Rural, EP designation • RLSW zone

Proposal • Construct a 32.6sqm deck attached to a 113.2single detached dwelling: • Proposed lot coverage of 5.6%

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Entrance to property from lane

Towards area of development and shoreline

Department, Agency and Public Comments • Cataraqui Conservation – • Had no objection to the approval of the application. • A permit will be required for the dwelling under their regulation.

• Public Comments – One letter of support received

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Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 54 of 373

Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted drawings • Owner is required to enter into a Development Agreement • Building permit is required for ALL demolition and construction on the property Page 55 of 373

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PL-ZNA-2023-0015 Committee Deliberation and Vote

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Application PL-ZNA-2023-0016 Minor Variance

Applicant: Ron Morgan Agent: John Dick Property: Crane’s Nest Lane

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Property Description

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• Lot area of 3.3ha - 125m frontage on Crane’s Nest Lake • Terrain: a level area at front of property; a gradual slope towards rear north of lane • Dwelling, multiple accessory buildings • Rural • RLSW zone

Proposal • Construct a 62.1sqm addition onto a 78.5sqm detached garage: • Lot coverage of accessory structures exceeds that of the primary building.

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Existing garage and area of addition

Existing dwelling

View towards waterfront and existing boathouse

Pool house

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Department, Agency and Public Comments • Cataraqui Conservation – • Outside their regulated area.

• Public Comments – none received to date

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Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 65 of 373

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PL-ZNA-2023-0016 Committee Deliberation and Vote

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Application PL-ZNA-2023-0017 Minor Variance

Applicant: Cameron Doerksen Agent: Brian Tolls (Laframboise Construction Property: Stone Point Drive

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Property Description

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• Lot area of 0.82ha - 187m frontage on Dog Lake • Terrain: property slopes up from the shoreline/road. Rock outcrops and mature tree cover are present. Dwelling, multiple accessory buildings • Currently vacant • Rural • Residential (R) zone

Proposal • Construct a 137.4sqm two-storey single detached dwelling (193.7sqm gross floor area): • Setback a minimum of 22.5m from the highwater mark of Dog Lake

• Construct a new sewage system • Setback a minimum of 15.5m from the highwater mark of Dog Lake

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• Previous variance (MV-13-05-S) authorized a 24.5m setback from the highwater mark and a 6.5m setback from the front lot line (road side)

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Entrance to property from road

Towards wet area from road

Towards wet area from area of development

Towards waterfront

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Department, Agency and Public Comments • Cataraqui Conservation – • None received yet

• Public Comments – none received to date

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Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 76 of 373

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PL-ZNA-2023-0017 Committee Deliberation and Vote

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Application PL-ZNA-2023-0019 Minor Variance

Applicant: Patrick O’Brien Agent: Paul Ireland Property: 328 Koen Road

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Property Description

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• Lot area of 1.5ha - 187m frontage on Loughborough Lake • Terrain: Level at road side with a gradual slope to shoreline. Grassed with trees around perimeter of property • Single detached dwelling • Rural • RLSW zone

Proposal • Construct a 178.8sqm twostorey detached garage: • Located between road and dwelling • 8.6m building height

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Subject Property – Entrance to property from road

Subject Property – Towards area of development

Department, Agency and Public Comments • Agency Comments – none required • Public Comments – One inquiry on application was received. No questions or concerns raised.

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Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 86 of 373

Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted drawings • Building permit is required for ALL demolition and construction on the property Page 87 of 373

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PL-ZNA-2023-0019 Committee Deliberation and Vote

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Application PL-ZNA-2023-0020 Permission to Enlarge Legal Non-Conforming Use

Applicant: Shawn Rutledge Property: 1111 Heron Lane

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Property Description • Lot area of 0.31ha - 30m frontage on Loughborough Lake (west basin) • Existing dwelling with attached deck, boat house, & septic system • Rural designation • RLSW zone Page 91 of 373

Proposal

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• Permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark • Proposed addition will be set back further from water than existing and maintain setback from lane • 83sqm addition attached to west side of 204.4sqm (gfa) dwelling

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West along Heron Lane

East along Heron Lane, dwelling on left

Existing dwelling and area of addition

Parking area

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Waterfront area

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Department, Agency and Public Comments • Cataraqui Conservation – • Recommend deferral of the application to address the outstanding items they identified in the slope stability study that was submitted in support of the application.

• Public Comments – None received.

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Planning Analysis • Based on the CRCA’s comments concerns about the erosion hazard have not been adequately addressed. • New development is directed away from lands subject to erosion hazards. • It is appropriate to defer decision until clarification is provided to the CRCA.

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Recommendation • Defer application

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PL-ZNA-2023-0020 Committee Deliberation and Vote

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Application PL-ZNA-2023-0021 Permission to Enlarge Legal Non-Conforming Use

Applicant: Nancy Hanschmann Property: 1211 White Lake Road

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Property Description

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• White Lake • Rural designation • RU zone • 3.2 acres • Two dwellings and garage • Primary dwelling has 625 square foot gross floor area • Secondary dwelling has 520 square foot gross floor area

Proposal • Addition to primary dwelling • 1200 square foot footprint • One storey with walkout basement • 575 square foot deck on front • 325 square foot deck on rear Page 104 of 373

Page 105 of 373

Google Streetview

Primary dwelling on the left and secondary dwelling on right

Department, Agency and Public Comments • Building Services – the existing sewage system will be reviewed as part of building permit application process • Public Comments – none received

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Planning Analysis • RU zone permits one dwelling per property • The two dwellings pre-date the zoning by-law • The dwelling is legal non-conforming • Addition would make the dwelling more appropriate for year-round use • Adequate water and sewage disposal systems • More than 30 metres from road • Appropriate to grant permission to enlarge the dwelling Page 107 of 373

Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Building permit is required for ALL demolition and construction on the property Page 108 of 373

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PL-ZNA-2023-0021 Committee Deliberation and Vote

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Other Business • Consent Granting Authority Report

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• PL-BDJ-2022-0169 (McNeil) (O’Neil) – Easement • PL-BDJ-2022-0164 (5006610 Ontario Limited) (Way) – Lot addition • PL-BDJ-2022-0144 – (5006610 Ontario Limited) (Babcock) (Plue) – Lot addition • PL-BDJ-2022-0145 – (5006610 Ontario Limited) (Babcock) (Babcock) – Lot addition • PL-BDJ-2022-0146 – (5006610 Ontario Limited) (Babcock) (Beckwith) – Lot addition • PL-BDJ-2022-0147 – (5006610 Ontario Limited) (Babcock) (Babcock) – Lot addition • PL-BDJ-2022-0148 – (5006610 Ontario Limited) (Babcock) (Devries/Kay) – Lot addition • PL-BDJ-2022-0149 – (5006610 Ontario Limited) (Babcock) (McMahon) – Lot addition • S-20-21-P (Harmsen Construction Inc.) – New lot creation • S-21-21-P (Harmsen Construction Inc.) – New lot creation

Other Business •Site Visits

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Adjournment

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Page 121 of 373

Nmow MEN —5avou

3924 HOLLEFORD RD

HOLLEFORD RD

Inset Map

5302 NEW MORIN RD

5377 NEW MORIN RD

e Rd

n Rd

Know l ton Lak

Vanlu

5356B NEW MORIN RD

5283 NEW MORIN RD

1125 MABEL’S LANE

NEW MORIN RD

3412 VANLUVEN RD

5300 NEW MORIN RD

5356 NEW MORIN RD

Legend Proposed Severance

NEW MORIN RD

Subject Property Parcel Fabric

Proposed Severance 3 S-13-21-P

3372 VANLUVEN RD

n Rd

Proposed Severance 2 S-12-21-P

Wetland

5356 NEW MORIN RD

Retained Lands

Va nluve n Rd

Page 122 of 373

VAN LUVEN RD

Provincially Significant Wetlands

5117 KNOWLTON LAKE RD 5125 KNOWLTON LAKE RD

5115 KNOWLTON LAKE RD

a ke lton L

Kno

ri Ne w M o

Proposed Severance 1 S-11-21-P

S-13-21-P, S-12-21-P and S-11-21-P (500675 Ontario LTD) (Beach)

While the Township 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.

5111 KNOWLTON LAKE RD VANLUVEN RD

5101 KNOWLTON LAKE RD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

1068 AIREDALE LANE

Scale 1:4,100

012.525

100

Meters UTM Projection NAD 83

Date: 2021-06-22

Page 123 of 373

ENVIRONMENTAL New Morin Road IMPACT ASSESSMENT (EIA)

Light Green: Contours.

Dashed BlackLine: Existing access road.

LightBlue Line: Awatercourse_

as “1” and “2”.

Red lines: The two lots identi?ed

Image features include:

‘4

‘

d _ aLuven

I‘:

‘

watercourse

At your request we undertook this EIA due to the intention of 5006755 Ontario Ltd. to sever two lots at the west end of 5356 New Morin Road. The purpose of this EIA is to determine if the development of these two lots will constitute negative impacts to natural heritage features for the purposes of the Provincial Policy Statement and the South Frontenac Official Plan.

Dear Mr. Beach

RE:

Via Email: beachgaryj@gmaiI.com

Ecological Services R.R. 1,3803 Sydenham Road Elginburg, Ontario KOH 1M0 Phone: (613) 376-6916 E-mail: mail@ecologicalservices.ca

C/O Gary Beach PO Box 98 Battersea ON KOH 1H0

March 2, 2021

Page 124 of 373

Ecological Services—March2, 2021

If construction activity is to be closer than 15 m to the watercourse, or if watercourse alterations are to occur, then silt fencing and hay bale sediment

Building location discussions with the CRCA and South Frontenac Township regarding the watercourse and the forested slopes of Lot 2 are recommended.

Overall, we have few concerns regarding natural heritage impacts with the proposed severed lots. Nevertheless, some mitigation recommendations are provided as follows:

The watercourse is intermittent and is strictly a water conveyance in that it conveys roadside ditch water from Vanluven Road. It is directed eastward through Lot 2 towards a swamp, a water travel distance of about 280 m. Once entering the swamp, it diffuses outwards, thus providing a further 385 m of buffering to Knowlton Lake. We defer to the CRCA in regard to potential conflicts with Ontario Regulation 148/06 and the watercourse but note that from an ecological perspective we do not have concerns with any proposed engineered stormwater alterations to this watercourse within Lot 2.

Lot 2 (i.e., the southern most) has some features that will provide some challenges with respect to the location of a ?xture house. These include a steep forested slope and a watercourse. We normally recommend avoid building within a steep forested slope if there is a sensitive aquatic feature at the base of the slope, but that is not the case here, as the wetland is about 220 from the closest slope of Lot 2 and Knowlton Lake is about 600 m from the closest base of the Lot 2 slope. However, this steep slope can represent a safety hazard and we defer to building restrictions by the Township in this regard.

The entire property of 5356 New Morin Road contains wetland, signi?cant woodland features, possible Species at Risk habitat, and potential signi?cant wildlife habitat. It is also adjacent to wetland, ?sh habitat and Knowlton Lake, which has been designated as a sensitive lake trout lake in the South Frontenac Township Of?cial Plan (OP). However, the proposed severance lot locations are at the west end of 5356 New Morin Road, which puts them more than 200 m from the Knowlton Lake wetland and about 600 m from ?sh habitat in Knowlton Lake, which is well beyond a potential impact range for the impacts of two housing lots. Due to the habitat features of the proposed lots, their potential to contain viable Species at Risk and signi?cant wildlife habitat is low.

The property at 5356 New Morin Road has been used for aggregate extraction and the natural heritage features of the lots has been negatively in?uenced by this history of disturbance from past sand extraction operations as well as the construction and operation of Vanluven and New Morin Roads.

New Morin Rd. Sevcrances : BIA

Page 125 of 373

—

Ecological Services March 2, 2021

SAR turtles are not expected on the potential building areas, but there are potential risks to nesting turtles if later development is proposed for the remainder of 5356 New Morin Road. If that is to occur, it is recommendedthat appropriate Ministry of Natural Resources and Forestry turtle survey protocols be employed.

The approximate area of the severances is circled in dark blue in the adjacent cut out from Schedule A of the South Frontenac Official Plan (OP). The underlying white means it is rural zoning. The light blue line represents the existing watercourse. The dark blue shading on the property on the west side of New Morin Road represents a Mineral Aggregate designation. The light green shading areas to the east and north represent Environmental Protection Areas (EPA). The EPA area to the north is wetland and is within 120 m of the northernmost severance.

Background

Initial shrub and tree clearing should take place outside of the Migratory Birds Convention Act breeding season (April 15 to Aug. 15). If it is necessary to clear trees during the maternity/roost season, then targeted trees will need to be ?rst surveyed by a quali?ed biologist to determine if maternity/roost activity is present in any one tree. If maternity/roost activity is present, that tree will need to remain until mid-August.

biologist to determine if SAR bat activity is present in any one tree. If this is the case, then that tree will need to remain until mid-Sept.

New Morin Rd. Sevcrances : EIA

Page 126 of 373

Ecological Services —

T., .

Watercourse Source

__ ; _

_ ,

CUT (Cultural Thicket): A shrub and tree sapling area dominated by Staghorn Sumac, European buckthorn, and prickly ash. It also contains tree saplings, mainly composed of white ash. This is the area with the lowest ecological value of Lots 1 and 2. ‘

‘_ ,

i‘.\

Ag (Agricultural): The nearby ?elds have been used for both cash crop purposes and for hay production.

Figure 1. ELC mapping. The red lines separate the ELC types, the yellow lines are the approximate property boundaries of the two lots, and the light blue line represents a water course that collects stormwater from the south side of Vanluven Road and directs it through a culvert, where it eventually diffuses out into a swamp.

;

March 2, 2021

Ecological Land Classi?cation (ELC) mapping (Figure 1) for the severance lots was based on Lee et al., (1998). The ELC mapping terms are described further on.

Ecological Land Classi?cation

New Morin Rd. Severances : EIA

Page 127 of 373

-—

Natural Heritage Features

Ecological Services -March 2, 2021

Gray Rat Snake (Threatened): This snake has been observed in the region, and we did

In our opinion, the development of the two lots would not pose a risk to Blanding’s Turtles, but if development is proposed on the property ?irther to the east in the old sand pit, it is recommended that it be preceded by the requisite survey visits described in MNRF (2015). As is noted in MNRF (2015), if the appropriate surveys are undertaken and no Blanding’s nesting is found to occur, then it is indicated that nesting is unlikely.

Portions of the remnant sand pit that extend east of the Lot 1 severance property contains egg laying features and a depredated Painted Turtle nest site was observed here. If Blanding’s Turtle nesting did occur here, it would put both severance properties within Category 3 Habitat, which as noted in MNR (undated 1) does have a tolerance to nearby alterations.

site.

Blanding’s Turtles also travel overland to reach prospective nest laying sites. The straight-line travel distance from the lake to the severance properties of about 675 meters, is at the outside range for this purpose, but still possible for egg laying purposes. However, a suitable egg laying site must be open to the sun to support egg incubation, and except for the access road, the severance properties do not contain ideal egg laying features. For obvious reasons, a roadway should not be considered a suitable egg laying

Blandings Turtles travel overland to reach other suitable wetlands (i.e., ones with some open water) for feeding, mating, and overwintering purposes. The severance properties do not contain such wetlands, and the more likely movement directions for these purposes would be north towards I-lollefordCreek, or east towards the many Canadian Shield lakes and ponds located between Knowlton Lake and the Gould Lake Conservation Area.

Blanding’s Turtle: There is the potential for Blanding’s Turtles (Threatened) to be present in nearby Knowlton Lake. However, at a separation distance of more than 600 m, any turtle habitat (e.g., feeding and overwintering) in the lake itself would not be at risk from development associated with the proposed severances.

Species at Risk (SAR)

Impact Discussion

New Morin Rd. Severances : BIA

Page 128 of 373

Ecological Services —

March 2, 2021

SAR Bats (Endangered): There are four SAR bat species in the province and from our extensive acoustic monitoring efforts in region in the last two years, we have found three of these species to be thinly dispersed throughout. It is normal for us to pick up at least one of the three species during acoustic monitoring at any site we assess. Consequently, any older tree has the potential to be a SAR bat maternity or roost tree. Removal of such a tree would not be a limiting factor (i.e., a negative impact) to SAR bat populations as there is no lack of such trees available. However, it would be a violation of the Endangered Species Act if an active roost or maternity tree were removed during the

The adjacent abandoned sand pit does have potential favorable features, but the lack of sightings in the region (the next closest sighting is over 6.5 km away) puts the probability of them being here as low. Nevertheless, if ?irther development of the sand pit is proposed, we would recommend that a Whip-poor-will nesting survey be undertaken.

Whip-poor-will (Threatened): The closest Whip-poor-will posting on eBird is about 3 km to the north, and well outside any impact range. The severance properties themselves do not contain good Whip-poor-will features and in our opinion the probability of them using these sites as non-existent.

Eastern Meadowlark (Threatened): The closest Meadowlark ebird postings are for farm ?elds to the north and west of the proposed severances at distances of about l .8 km and 1.5 km respectively, and well outside any impact range. There is no suitable Eastern Meadowlark habitat on 5356 New Morin Road, including that of the severance properties. One of these is unsuitable as nesting habitat as it used for cash crops, and the potential core nesting area of the second (a hay?eld) is over 200 m away and outside any impact range.

Bobolink (Threatened): The closest Bobolink ebird postings are for farm ?elds to the north and west of the proposed severances at distances of about 3 km and 1.5 km respectively, and well outside any impact range. There is no suitable Bobolink habitat on 5356 New Morin Road, including that of the severance properties. There are farm ?elds on the adjacent property to the north of New Morin Road. One of these is unsuitable as nesting habitat as it used for cash crops, and the potential core nesting area of the second (a hay?eld) is over 200 m away and outside any impact range.

The intention of Gray Rat Snake habitat protections are to preserve critical life cycle features such as hibernacula, egg laying sites, and thermoregulatory sites (see MNR undated 2). None of these features are evident on the severance properties and in our opinion, the development of the two severances will pose no risk to the Gray Ratsnake.

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The larger 3.8 ha. woodland patch runs beside the closed Concession line of which approximately 0.6 ha of its eastern end are located within Lot 2. The eastern end of this woodland is more than 120 m from Lot 2 and does provide a buffering ?mction for the adjacent swamp. However, the woodland portion within Lot 2 and the adjacent lands

The smaller woodland patch runs beside New Morin Road and is not part of either Lot 1 or 2 and is at no risk from the development of either.

The two woodland patches on 5356 New Morin Road that are associated with the severance properties are too small (3.8 and 2.8 ha.) and narrow to have signi?cance for size or core habitat. As well, and in our opinion, they are the most common deciduous woodland type (FOD5—4)in the region and lack signi?cant ecological features.

Woodland

Butternut (Endangered): Two dead butternuts were observed in the steep slopes of the FOD5-4 woodland of Lot 2. In our opinion a BHA is not warranted as both trees were clearly dead (see adjacent image).

Note: These SAR bats will not be at risk from wintertime construction activity as they migrate off site to cave hibernacula.

If active removal is proposed to take place during the maternity/roost season, then a speci?c tree assessment should be undertaken. This can include an exit survey and/or acoustic monitoring if the tree contains cavities or is a snag tree. If that effort determines the tree is being actively used by SAR bats, then removal will have to be delayed until after mid-Sept.

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Ecological Services March 2, 2021

Accordingly, the necessity to discuss signi?cant wetland impacts is removed.

The need to evaluate the ecological functionofaafacentlands (i.e., undertake an EIS or equivalent study) would be removed ifproponents choose to avoid having development and site alteration occur within the extent of aa?acentlands.

As there is no recognized signi?cant wetland within 120 m of the proposed severances, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual.

The main wetland located within 5356 New Morin Road is more than 120 m away from the proposed severances. There is a deciduous swamp that is about 106 m to the north of the northern most severance, and more than 120 m from the southern severance. Having completed over 100 wetland evaluations from 1985 to 2020 it is our opinion that it would be very highly unlikely that such a small (~8.7 ha.) isolated swamp that is surrounded by farmland would score enough points to be considered a signi?cant wetland.

Significant Wetland

If we are to assume that no building is to occur within the steep forested slopes, there is still the question of how the watercourse may restrict the location of potential building locations due to possible con?icts with Ontario Regulation 148/06. In our opinion, engineering options can mitigate any con?icts with this watercourse as we note that it is strictly a water conveyance that lacks ecological aquatic features. Discussion with the CRCA in this regard are recommended.

Nevertheless, the steep slopes could represent a safety hazard if considered as a location of a possible future build site. We defer to South Frontenac Township in this regard as safety hazards are outside the bounds of an EIA.

The lack of signi?cant natural heritage features of the woodland associated with Lot 2 suggests a future house could be built within the woodland portion of Lot 2 and be consistent with the PPS and the OP. However, some sections of the woodland contain steep slopes. For the South Frontenac OP, wooded slopes are considered valuable if they protect an adjacent sensitive water feature, but any sensitive water feature is well outside (i.e., >120 m) the boundaries of this lot. We do not consider the watercourse a sensitive water feature because it lacks aquatic ecological features.

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Ecological Services —

March 2, 2021

The most notable feature about this pond is its use as a watering spot for deer and other

Further Note: There is a small seasonal pond within the pit floor that is bisected by the northern severance boundary. It has a maximum size of about 78 m2and has formed within a past pit extraction depression. From a review of past aerial images, it appears to mostly dry up on occasion. It has no surface water connection to another water source and is too shallow to support fish habitat.

Note: The 300 m listed in the OP for sensitive lake trout lakes (e.g., Knowlton Lake) is intended as a development restriction zone. The proposed severances are more than 500 m from Knowlton Lake, and so the need for discussion of this restriction zone is removed.

Accordingly, the necessity to discuss ?sh habitat impacts is removed.

lands (i.e., undertake an EIS The need to evaluate the ecological functionofaa?acent or equivalent study) would be removed J proponents choose to avoid having development and site alteration occur within the extent ofadjacent lands.

The severance properties are more than 500 m from Knowlton Lake fish habitat. In this regard, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual.

Fish Habitat

Accordingly, the necessity to discuss ANSI impacts is removed.

The need to evaluate the ecological functionofaajacent lands (i.e., undertake an EIS or equivalent study) would be removed ifproponents choose to avoid having development and site alteration occur within the extent ofadjacent lands.

There are no ANSI’s within 120 m of the proposed severances. In this regard, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual.

Area of Natural and Scienti?c Interest

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Ecological Services March2, 2021

Habitat for Species of Conservation Concern: This category is intended to cover Sl , S2, S3 ranked species and species of Special Concern. The Eastern Wood Pewee and Wood Thrush are Special Concern woodland birds that are found in woodlands within 1 km to the north, east, and south of the severance properties. None have been reported on the severance properties or within 120 m of the severance properties. Nevertheless, they are not uncommon in the region and it is conceivable that they could use the adjacent deciduous woodlands associated with the severance properties, as they do have favorable habitat features, but these are outside of the potential building areas of the two lots.

Wildlife Habitat Recommendation 1. If ?trther development is proposed on the property further to the east in the old sand pit, it is recommended that it be preceded by the requisite survey visits described in MNRF (20l5a). This survey manual (i.e., MNRF 20] 5a) was intended for Blanding’s Turtles, but can be used for all turtle species.

Turtles are tolerant of nearby human activity when nesting. A case in point is their common use of urban lawns, gravel driveway edges, and road edges for nesting.
The recommended building location for the northern severance is at the top of the slope next to New Morin Road. This would place it more than 30 m from the start of potential nesting areas.

In our opinion, the development of the two lots would not pose a risk to adjacent turtle nesting for two reasons:

Turtle Nesting Area: For an area to function as a turtle nesting area it must provide appropriatesubstrates for turtles to dig in to lay their eggs and be in an open sunny area. They also need to be within proximity to aquatic habitat. Nesting features exist on portions of the adjacent sand pit extending about 300 m east of the northern severance, and a depredated Painted Turtle nest was observed here. To be signi?cant requires the presence of ?ve or more nesting Painted Turtles, and we could only ?nd the one nest. One or more Snapping or Map Turtle nests also constitutes signi?cant wildlife habitat.

There are 34 categories of wildlife habitat in MNR (201 5b) that need to be considered for any application,of which 2 require discussion for the severances.

Wildlife Habitat

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MECP (Ministry of the Environment, Conservation, and Parks Species at Risk Branch).

MNR (Ontario Ministry of Natural Resources). 2015b. Signi?cant Wildlife Habitat Ecoregion 6E Criterion Schedule. Draft.

MNRF (Ministry of Natural Resources and Forestry). 2018. Natural heritage information request guide. Regional Operations Division.

MNR (Ministry of Natural Resources). 2010. Natural Heritage Reference Manual for Natural Heritage Policies of the Provincial Policy Statement, 2005. Second Edition.

Lee, H., W. Bakowsky, J. Riley, J. Bowles, M. Puddister, P. Uhlig, and S. McMurray. 1998. Ecological Land Classi?cation for Southern Ontario. Natural Heritage lnformation Centre.

References

Rob Snetsinger Ecological Services

Respectfully Submitted,

Wildlife Recommendation 2. Some site alteration will be necessary for the severances, and the associated vegetation (e.g., trees and shrubs) may contain nests of migratory birds. It is a contravention of the Migratory Birds Convention Act to destroy these nests during the breeding season. To avoid contraventionof the Act, it is recommendedthat initial site alteration take place outside of the bird breeding season (mid-April to mid-August). If it is necessary to clear the site during the breeding season, it is recommended that the areas be first surveyed by a quali?ed biologist to determine if nesting is present. If that is the case, then site clearing will have to avoid disturbing the nests until mid-August after the young have ?edged.

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MNR (Ministry of Natural Resources and Forestry). 2015a. Survey protocol for Blanding’s Turtle (Emydoidea blandingii) in Ontario. .

MNR (Ministry of Natural Resources). Undated 2. Habitat protection summary for Gray Ratsnake (Frontenac Axis Population).

New Morin Rd. Severances : EIA

Ecological Services R.R. 1, 3803 Sydenham Road Elginburg, Ontario K0H 1M0 Phone: (613) 376-6916 E-mail: mail@ecologicalservices.ca June 20, 2021 Mike Deodato c/o Gary Beach Via Email: beachgaryj@gmail.com RE:

Addendum to 5365 New Morin Rd. Severances EIA

At the request of Gary Beach, we are responding to the Ministry of Environment Conservation and Parks (MECP) April 15, 2021 letter to Anna Geladi (Planner, Township of South Frontenac) from Jon Orpana (MECP Environmental Planner). In the letter, Mr. Orpana contends that a tributary creek system and treed swamp would provide a direct surface water connectivity to Knowlton Lake. This is in the context of the South Frontenac Township Official Plan 300 m setback requirement. Mr. Orpana makes the point in his letter that his opinions are based on the information currently available to him. The following six points are provided to better inform him of the situation.

The South Frontenac Official Plan notes: ii) Generally, the creation of new lots, through the severance consent process, within 300 metres (984.3 feet) of a highly sensitive lake trout lake will not be considered for approval due to the potential to further degrade the water quality necessary to maintain a healthy lake trout population

There is room to have the septic systems of both newly created lots located more than 675 m from Knowlton Lake, and thus be consistent with the Official Plan. 2. A point was made that the intervening swamp is part of the lake, and therefore there needs to be 300 m from the swamp. For reasons discussed below, we disagree with this contention but there is room to have both septic systems of the newly created lots more than 300 m from the intervening swamp. 3. Similar to the Official Plan, the MECP Lakeshore Capacity Assessment Handbook implies no development within 300 m from a lake but goes further to state no development within 300 m of a permanent tributary to the lake. The drainage course that picks up roadside stormwater on Vanluven Rd. is not a permanent stream, but instead is an intermittent stream whose flows are dictated by precipitation events. We were on site during a rainfall event, and the average depth in the stream was about 3 cm and it flows overland. For surface water within the watercourse to have a nutrient impact on the lake, nutrients picked up from the severance locations would have to flow unimpeded for over 600 m. However, there are many impedances in that 600+ m, including leaves, rocks, and woody debris over the first approximate 270 m, and then the swamp where any

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Ecological Services – June 17, 2021

semblance of a channel ends. Nutrients drop out over time in such systems. This basic scientific fact is one reason that specific setback distances have been established in the province. 4. The stream in question conveys roadside stormwater. In the following image, the water flowing into this property originates from a perched culvert under Vanluven Rd., seen in the left of following image from Dec. 3, 2020. This image is being because the culvert becomes obscured by vegetation in the summer. From here stormwater would flow northeast, until it hits the bottom of the slope, and then flow east where any semblance of a watercourse ends (see End below) about 10 m before the start of the swamp. The watercourse is often dry, as was the case on June 20, 2021 two days after a full day of rainfall. The inserted middle photo below shows the dry channel as seen on June 20, 2021. The septic systems will be underground and not have a direct connection to this surface water conveyance. Instead, septic system nutrient flows will have to cover an underground distance of over 600 m to the lake.

The intervening swamp is an Ash Mineral Swamp Type (SWD2) containing both green and black ash, with a moss and fern rich understory. There is no channel through the swamp. In spring it contains vernal pools, but these eventually dry up (as was observed on June 20, 2021). There is no direct surface water connection between lands to the west of the swamp and the lake.

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The most important point is regarding the pollution attenuation ability of the intervening SWD2 wetland. The pollution attenuation ability of wetlands is well established in the scientific literature, and MECP does support the construction of wetlands for this purpose. More importantly, this pollution attenuation function is a key scoring component of Section 3.2 Water Quality Improvement of the provincial wetland evaluation system (see Ontario Wetland Evaluation System, Southern Manual, 3rd Edition, Version 3.3, 2014). We have been evaluating wetlands since 1984 and have completed over 100 wetland evaluations, and therefore can speak with authority on this subject. In Section 3.2.1 Short Term Water Quality Improvement and 3.2.2. Long Term Nutrient Trap of the evaluation manual, we have determined that the intervening SWD2 wetland would receive the highest possible scores attainable in an evaluation because of its location relative to the lake, the agricultural catchment, and its predominately treed nature. To reject this recognized and widely documented pollution attenuation ability of wetlands, would reject the scoring of all wetland evaluations (including provincially significant wetlands) that have been undertaken in the province.

Respectfully submitted,

Rob Snetsinger Ecological Services

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Ecological Services R.R. 1, 3803 Sydenham Road Elginburg, Ontario K0H 1M0 Phone: (613) 376-6916 E-mail: mail@ecologicalservices.ca July 30, 2021 C/O Gary Beach PO Box 98 Battersea ON K0H 1H0 Via Email: beachgaryj@gmail.com RE:

ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 5356 New Morin Road

The property outline of 5356 New Morin Road is shown in red in the adjacent image. The severances will be at the east and west ends of the property, with the center portion being retained. Ecological Services undertook an EIA in 2020 for two west severances. In 2021 an extension of the EIA was requested by South Frontenac Township to include the original house lot at the east end of 5356 New Morin Rd. as it also to be severed. This requires us to determine that a house and septic system are possible for the retained lot without causing a negative impact to significant natural heritage features for the purposes of the Provincial Policy Statement and the South Frontenac Official Plan. To complete this EIA, Rob Snetsinger of Ecological Services visited the site on Oct. 18, Dec. 5, 2020, June 20 & 29, 2021, and with Dale Kristensen on July 14, 2021. The focus of the 2020 field work was on the western most severances, including the 120 adjacent lands. The 2021 field work considered the whole property, and therefore provides more precise mapping and a better understanding of overall site ecology. Contained within 5356 New Morin Road are wetland, significant woodland features, possible Species at Risk habitat, and potential significant wildlife habitat. It is also

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New Morin Rd. Severances : EIA

adjacent to a wetland, fish habitat and Knowlton Lake, which has been designated as a sensitive lake trout lake in the South Frontenac Township Official Plan (OP). Western Severances (0.8 and 0.9 ha): The recommended septic locations of both western severances will be about 675 m to Knowlton Lake and about 300 m to the nearest area of wetland. This will be well beyond a potential impact range for these two lots. Due to the habitat features of the two proposed lots, their potential to contain Species at Risk and significant wildlife habitat is low. Eastern Severance (0.9 ha): The eastern severance contains an existing house with a barn/garage outbuilding, a septic system, a pool, and an area of landscaped lawn of about 0.9 ha., that extends into part of the proposed retained lot. The original barn/garage (25’ x 40’) will be torn down and replaced with a larger garage (30’ x 40’) that will be setback 20’ further from Knowlton Lake, for a total separation distance of about 112 m to the edge of the lake. The septic system is located behind the house and is about 109 m from the lake edge, and it will be refurbished. Pushing the garage further back from the lake and refurbishing the septic system is seen as an improvement to the status quo. Retained Lot (5.2 ha): The east/west center portion of the retained lot was used as an unlicensed pit primarily for sand extraction and contains a dirt road along its length. Overall, it has potential for significant natural heritage features, but the center portion is an area of low ecological sensitivity and significance, and the most impacted (least ecologically valuable) area is at the northeast end where a house and septic system is recommended. If the future septic system is located here it can allow for a potential effluent pathway through an existing dug depression at the base of the forested slope with a natural downward topography that can provide a flow distance of over 670 m to the start of the adjacent wetland, and 1.1 km to the lake edge. There is a storm drain conveying stormwater off VanLuven Road via a culvert to the south side of Vanluven Road onto 5356 New Morin Road. From here it follows a downward path of about 350 m through the deciduous woodland and ends at the start of a forested swamp, primarily because the land flattens out at that point, and the water volume by this point is minimal. From here, any water would diffuse outwards, thus providing a further 385 m of buffering to Knowlton Lake. We defer to the CRCA in regard to potential conflicts with Ontario Regulation 148/06 and the watercourse but note that from an ecological perspective we do not have concerns with any proposed engineered stormwater alterations to this watercourse. Overall, we have few concerns regarding natural heritage impacts with the potential severances. Nevertheless, some mitigation recommendations are provided as follows: •

It is recommended that the new septic field locations of the western most lots be built on the slope tops of these two lots to maximize distance from the lake.

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•

Building location discussions with the CRCA and South Frontenac Township regarding the watercourse and the forested slopes of the western lots are recommended.

•

If construction activity of the western lots is to be closer than 15 m to the watercourse, or if watercourse alterations are to occur, then silt fencing and hay bale sediment barriers should be erected and be maintained until the completion of the construction project.

•

It is recommended that the build location of the retained lot occur at the northeast end of the lot. More field work is recommended if development is to occur beyond this location with a specific focus on turtle nesting using the MNRF (2015b) survey protocol.

•

Initial tree clearing should take place outside of the SAR bat maternity and roosting season (mid-April to mid-Sept.). If trees need to be cleared during the active season, then targeted trees will need to be first surveyed by a qualified biologist to determine if SAR bat activity is present in any one tree. If this is the case, then that tree will need to remain until mid-Sept.

•

Initial shrub and tree clearing should take place outside of the Migratory Birds Convention Act breeding season (April 15 to Aug. 15). If it is necessary to clear trees during the maternity/roost season, then targeted trees will need to be first surveyed by a qualified biologist to determine if maternity/roost activity is present in any one tree. If maternity/roost activity is present, that tree will need to remain until mid-August.

Background There are no significant natural heritage features shown in the adjacent detail from Schedule A of the South Frontenac Official Plan (OP). The underlying white means it is rural zoning. The light blue line represents the existing watercourse, although as will be discussed that this is not an accurate representation of the watercourse as it does not connect to Knowlton Lake. The dark blue shading on the property on the west side of New Morin Road represents a Mineral Aggregate designation. The light green shading areas to the east and north represent Environmental Protection Areas (EPA). The EPA area to the north is wetland and is within 120 m of the northernmost severance.

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Species at Risk (SAR) are those that are designated as either endangered or threatened by the province under the Endangered Species Act, and SAR screening for the severances and the adjacent lands was undertaken using the MNRF (2018) and MECP (2019) screening protocols. There is the potential for Blanding’s Turtles (Threatened) to be in Knowlton Lake and the property is within the habitat range of the Gary Rat Snake (Threatened). Species at Risk bats (Endangered) are thinly dispersed throughout the region as well. These three will be discussed further on. Barn Swallows (Threatened) have been reported in the region, but none were observed on site and no nests were found in the barn/garage structure of the original build site. Bobolink (Threatened) and Eastern Meadowlark (Threatened) are also reported for this region, but these are field birds, which is not present within the severance lands. Whippoor-will (Threatened) are reported for the region, but none were encountered during surveys. Ecological Land Classification Ecological Land Classification (ELC) mapping (Figure 1) for the severance lots was based on Lee et al., (1998). The ELC mapping terms are described further on. The following mapping is different than the mapping provided in 2020 as this earlier effort was focused on the west end of the property and did not involve detailed site assessment at the east end of the property.

Figure 1. ELC mapping. The red lines separate the ELC types, the yellow line represents an old roadbed.

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Cu (Cultural): Refers to areas that have been converted for a specific cultural use, and in this case it refers to existing built lots and their associated landscaping.

CUM/CUT/CUW (Cultural Meadow/Cultural Thicket/Cultural Woodland): This ELC type primarily exists in the past sand extraction zone and includes a dirt road running throughout its length, that is evident in the lower right of the adjacent image. Due to the diffuse nature of shrub, tree and meadow vegetation throughout, it is not possible to define the entire area as just a CUM, CUT, or CUT habitat within the limitations of the 0.5 ha polygon restriction. The diffuse tree cover is primarily along the northern edge and includes white birch, red maple, sugar maple, black walnut, white pine, and apple. Common shrub species present include Tartarian honeysuckle, Staghorn Sumac, European buckthorn, prickly ash, and shrub sized tree saplings such as white ash. Meadow species that are typical of a roadside site, rather than a true meadow, are present and include many weedy species as motherwort, plantain, lamb’s quarters, blueweed, ragweed, orchard grass, mullein, birds foot trefoil, dog strangling vine, and Kentucky bluegrass. The eastern end of this ELC type contains much cast-off materials such as fill piles, lumber, brush piles, and scrap material, and this is the recommended location for a future house as it has the lowest ecological value within the retained land.

FOD5-4 (Dry Fresh Sugar Maple-Ironwood Deciduous Forest Type): This woodland type often results from sites with past disturbances, and in our opinion, is the most common deciduous woodland type in South Frontenac Township. Other common tree species present include American elm and white ash, with several of the latter in the process of succumbing to emerald ash borer damage. The woodland associated with the property contains some older age class trees (~ 70 years) years but is primarily represented by a younger age class (~ 25 years) and is mostly located on the northern and southern slopes that bound the subject property. Past the forest edge, the ground cover is sparse but poison ivy, Pennsylvania sedge, and Virginia creeper were often encountered.

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FOC4-1 (Fresh Moist White Cedar Coniferous Type): Previously thought to be part of the swamp, a more detailed mapping assessment on July 20, 2021 revealed it to be an lowland forest type dominated by white cedar, with lesser amounts of white birch and red maple. The ground cover is sparse but includes bulblet fern, cinnamon fern, mosses, helleborine, poison ivy, and Pennsylvania sedge.

FOC (Coniferous Forest): There are two coniferous dominated woodland types associated with the subject property that contain primarily white pine and white cedar, and with a relatively sparse understory. Both types are located on lower slopes adjacent to the SWM1-1 wetland. MAS2-1 (Cattail Mineral Shallow Marsh Type): Located on the edge of Knowlton Lake and partially separated from the adjacent swamp further west by an old roadbed. The roadbed is likely acting in some capacity as a berm and thus influencing the wetland hydrology, whereby the wetter wetland type is to the east, and the drier wetland type is to the west. As the name implies, it is dominated by cattails and these are interspersed primarily with swamp loosestrife. The diversity of species is higher in proximity to the roadbed and includes species such as white cedar, marsh fern, purple loosestrife, and various sedge species. SWM1-1 (White Cedar-Hardwood Mineral Mixed Swamp Type): Previously thought to be a deciduous swamp because of forays into the western end of this wetland, a more detailed mapping assessment revealed it to be a white cedar dominated swamp. There are some pure deciduous swamp patches at the western end, but these are below the 0.5 ha. size threshold to be considered as separate ELC types. This white cedar dominated swamp includes black ash, green ash, white birch, and red maple, either in patches or interspersed within the

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white cedar. There are significant amounts of blowdown that has resulted in the hummocky nature that cedar swamps develop over the long term. Hummock formation is more developed in some locations and just getting started with more recent blowdowns. The hummocks are dominated by mosses and include a rich mix of ferns including cinnamon fern, marsh fern, sensitive fern, and royal fern. Other ground cover species include Carex crinita, C. lupulina, starflower, goldthread, and dwarf raspberry. Silky dogwood is a common shrub in this swamp. There are small ephemeral pools interspersed throughout, although associated amphibian production in these ponds would not be high due to their small size and shallow depths as prescribed and determined by MNRF (2015b) and (Aram et al. 2003). As well, amphibian production in cedar swamps is expected to be less that of a deciduous swamp. Watercourse: The term watercourse is not an ELC identifier but is included here for clarity. This watercourse carries roadside stormwater from ditches via a culvert (see adjacent image) to the south side of Vanluven Road onto 5356 New Morin Road. From here it was determined in July 2021 to flow east onto and then follows a downward path of about 350 m through the FOD5-4 woodland. It ends at the start of the SWM1-1 swamp, primarily because the land flattens out here, and the water volume by this point is minimal. Throughout this flow length it lacks aquatic plant and animal species and is to shallow and intermittent to support fish. It has little to no cut banks and was observed to be dry during two of the site visits. As such, it appears to be primarily a water conveyance during precipitation events.

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Impact Discussion – Natural Heritage Features Species at Risk (SAR) Banding’s Turtle (Threatened): We have observed Snapping and Painted turtles in Knowlton Lake and while we have never observed Blanding’s Turtles here, there is potential for them to be present. However, the more likely location for them to be found is in the swamp ridges of the Canadian Shield between Knowlton Lake and Gould Lake (extending north) as this habitat is the type that they are normally found in. Blanding’s Turtles need three important life cycle features including: Overwintering: This occurs in water that is deep enough to prevent ice from freezing to the bottom. While Blanding’s Turtles can rest on the bottom surface of a water body, they will occasionally burrow into the bottom sediments, or hide in muskrat houses, or hide under logs to prevent, among other things, predation by otters (which are also known to Knowlton Lake). There are no appropriate overwintering spots in the intervening wetlands at 5356 New Morin Road, and if overwintering does occur it would have to be in Knowlton Lake. There will be no intrusion into the lake by the development and all potential development activity will be set well back from the lake and there will be no risks to overwintering turtles. Feeding: Habitat features, including feeding areas, are described by Hartwig and Kiviat (2007), Wieten et al. (2012) and Whitney et al. (2014). Ideal sites include sufficient open water to provide cover, emergent vegetation and diverse submergent vegetation, which are present in Knowlton Lake, but not in the intervening wetlands, except for possibly the approximate first 10 meters of the lake edge MAS2-1 wetland type. There will be no intrusion into the lake and all potential development activity is set well back from the lake, and well setback from the lake edge MAS2-1 wetland, and there will be no risks to turtles feeding. Egg-laying: Successful Blanding’s Turtle egg laying sites require sun exposure (i.e., no overhanging shading), an appropriate substrate (e.g., sand and gravel), and a lack of nest predators (e.g., raccoons and skunks). We did observe evidence of nest predators (i.e., raccoon tracks), and much of the property has too much shade cover to provide suitable nest sites. However, one possible nest area (see adjacent image) was identified as a possible nest area. No evidence of Blanding’s Turtle nesting was observed, but an old depredated Painted Turtle nest was observed here.

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MNR (undated 1) lists three impact distance categorizations. Category 1: This is a 30 m distance from any nest or overwintering site and has high sensitivity to development. The possible turtle nesting area shown in the previous image is more than 30 m from any possible development and overwintering area. Category 2: This is a 30 m distance around suitable wetlands or waterbodies. These have a moderate sensitivity to development. The SWM1-1 wetland is not considered suitable Blanding’s habitat as dense cedar wetlands are not favored by Blanding’s Turtles. Nevertheless, there will be no development within 30 m of any wetland or waterbody associated with 5356 New Morin Road. Category 3: This is a distance from 30 to 250 m around a suitable wetland or waterbody, and has a low sensitivity to development. This distance would apply to the original lot at the east end and the retained lot. Activities that are not considered compatible are: Significant draining, infilling, dredging, or other significant alteration of wetlands or other suitable waterbodies. Significant alteration of shorelines, especially hardening (e.g. the use of gabion baskets, rip-rap, and rock armour).

None of these activities are expected with the development of the proposed severances and therefore no negative impact is anticipated.

SAR Bats (Endangered): When discussing SAR bats for this region we normally refer to the Northern Myotis, Little Brown Bat, and the Tri-colored Bat. None of these species overwinter in this region and therefor summer occurrences would be migrants. All three bats can be found in woodland habitat where they will roost in large old snag trees or large trees with numerous open cavities. These are lacking in the potential build areas and as such there would be little risk to SAR bats from the severance developments. Little Brown Bat in particular favor old open structures, but we found no evidence of them in the old barn/garage at the east end of the property. We commonly record a few foraging passes of one or more SAR bats at our acoustic monitoring sites throughout the region leading us to believe that they are thinly dispersed in summer throughout the region. It is rare for us to pick up a concentrated number of calls at a site and we rarely encounter the Eastern Small Footed Myotis, primarily because of their somewhat unique habitat requirements that are lacking in the Township. Prior to the introduction of Pseudogymnoascus destructans (cause of white nose syndrome) the current SAR bat species were not habitat limited. However, with the large population declines from this fungus, SAR bats would be even less habitat limited as there would be less competition for sites by the smaller surviving populations. From our sampling work over the last four years, we conclude that it could be possible to find SAR bats foraging in low numbers in almost any area of the Township in any one year. As such, it is possible that a SAR bat may use the southern slope woodlands where

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there are older trees for roost or maternity purposes at some time or another. This does not mean that these woodlands need protection for SAR bat purposes because as previously discussed, there is no shortage of habitat in the region and bats are flexible in their habitat choices. However, it does mean that any trees or the existing barn/garage should not be removed during the SAR bat roosting and maternity season (April 15 to Sept. 15) to avoid direct harm to SAR bats. If removal needs to take place within the roosting and maternity season, acoustic monitoring efforts will need to be undertaken to confirm the absence of roosting SAR bats. Note: SAR bats will not be at risk from wintertime construction activity as they migrate off site to cave hibernacula.

Gray Rat Snake (Threatened): This snake has been observed in the region, and we did discover a hibernacula on the Gould Lake property, approximately 3 km to the east, in association with the multi pond Canadian Shield habitat. This Canadian Shield habitat that extends east and north of Knowlton Lake is typical Gray Rat Snake habitat. They avoid the flatter farm areas to the west and south that includes the severance properties. We have discussed this geographic area avoidance with Dr. Pat Weatherhead, whose research has been responsible for much of the ratsnake knowledge in the province. There is no clear reason, but it may they are more prone to predators in this more open habitat and thus avoid it. The intention of Gray Rat Snake habitat protections is to preserve critical life cycle features such as hibernacula, egg laying sites, and thermoregulatory sites (see MNR undated 2). None of these features are evident on the severance properties and in our opinion, any development associated with 5356 New Morin Road will pose no risk to the Gray Ratsnake. Bobolink (Threatened): The closest Bobolink ebird postings are for farm fields to the north and west of 5356 New Morin Road at distances of greater than 1.5 km, and well outside any impact range. There is no suitable Bobolink habitat on 5356 New Morin Road and none were observed here. There are farm fields on the adjacent property to the north of New Morin Road. One of these is unsuitable as nesting habitat as it used for cash crops, and the potential core nesting area of the second (a hayfield) is over 200 m away and outside any impact range. Eastern Meadowlark (Threatened): The closest Meadowlark ebird postings are for farm fields to the north and west of 5356 New Morin Road at distances of greater than 1.8 km, and well outside any impact range. There is no suitable Eastern Meadowlark habitat on 5356 New Morin Road. There are farm fields on the adjacent property to the north of New Morin Road. One of these is unsuitable as nesting habitat as it used for cash crops, and the potential core nesting area of the second (a hayfield) is over 200 m away and outside any impact range. Whip-poor-will (Threatened): The closest Whip-poor-will posting on eBird is about 3 km to the north, and well outside any impact range, and the next closest is over 6.5 km away. No Whip-poor-will were calling during the June 29, 2021 night site visit, but they

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were active this night at several other sites in the region. As such, if they were present at 5356 New Morin Road we would have expected to hear them.

Butternut (Endangered): Two dead butternuts were observed in the steep slopes of the FOD5-4 woodland within the southwestern most severance. In our opinion a BHA is not warranted as both trees were clearly dead (see adjacent image).

Woodland As shown in Table 1, the woodland patches at 5356 New Morin Road are too small to have significance for either size or core habitat. They also lack unusual features and are mostly represented by common forest types in the region.

Table 1. Forest patch sizes of 5356 New Morin Road. Location Type Size (ha.) North Slope FOD5-4 2.8 South Slope FOD5-4 1.8 South Slope FOC 2.0 Center Terrace FOC 0.8 Center Lowland FOC4-1 1.2

Those portions of the FOC4-1, FOC, and FOD5-4 woodlands that are within 30 m of the SWM1-1 wetland are providing a significant wetland buffering function. As such, it is recommended that there be no intrusion into those 30 m woodland zones for development purposes. The FOD5-4 woodland patches that are located on steep slopes could represent a safety hazard if considered as a location of a possible future build site. We defer to South Frontenac Township in this regard as safety hazards are outside the bounds of an EIA. If we are to assume that no building is to occur within the steep forested slopes, there is still the question of how the stormwater watercourse coming off VanLuven Road may restrict the location of potential building locations of the western most lots due to possible conflicts with Ontario Regulation 148/06. In our opinion, engineering options can mitigate any conflicts with this watercourse as we note that it is strictly a water conveyance that lacks ecological aquatic features. Discussion with the CRCA in this regard are recommended.

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Wetland The combined SWM1-1 (~ 4 ha.) and MAS2-1 (~ 2.5 ha.) wetland patches comprise a total wetland area of about 6.5 ha. Having completed over 100 wetland evaluations from 1985 to 2021, and more than 100 wetland assessments in that time, it is our opinion that it would be highly unlikely that such a small, isolated wetland located in a farmland catchment would score enough points to be considered a significant wetland. As there is no recognized significant wetland within 120 m of any possible build site at 5356 New Morin Road, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual. The need to evaluate the ecological function of adjacent lands (i.e., undertake an EIS or equivalent study) would be removed if proponents choose to avoid having development and site alteration occur within the extent of adjacent lands. Accordingly, the necessity to discuss significant wetland impacts is removed. Nevertheless, to reassure the CRCA and South Frontenac Township, it is unlikely that there will be negative impacts to the adjacent wetlands due to the available large separation distances for build locations and intervening tree buffers.

Area of Natural and Scientific Interest There are no ANSI’s within 120 m of the proposed severances. In this regard, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual. The need to evaluate the ecological function of adjacent lands (i.e., undertake an EIS or equivalent study) would be removed if proponents choose to avoid having development and site alteration occur within the extent of adjacent lands. Accordingly, the necessity to discuss ANSI impacts is removed.

Fish Habitat All potential new build locations will be more than 120 m from Knowlton Lake fish habitat. In this regard, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual. The need to evaluate the ecological function of adjacent lands (i.e., undertake an EIS or equivalent study) would be removed if proponents choose to avoid having development and site alteration occur within the extent of adjacent lands.

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Accordingly, the necessity to discuss fish habitat impacts is removed. Note: There is a small seasonal pond within the pit floor that has a maximum size of about 78 m2 and has formed within a past pit extraction depression. From a review of past aerial images, it appears to mostly dry up on occasion. It has no surface water connection to another water source and is too shallow to support fish habitat. The most notable feature about this pond is its use as a watering spot for deer and other mammals. However, there is no wildlife habitat feature in MNRF (2015b) that considers an isolated watering pond as significant. Regardless, this pond is more than 30 m away from any potential building site and is further isolated by a steep sandy slope and a road.

Sensitive Lake Trout Habitat Regarding the two western most severances and a Ministry of Environment Conservation and Parks (MECP) April 15, 2021 letter to Anna Geladi (Planner, Township of South Frontenac) from Jon Orpana (MECP Environmental Planner). In the letter, Mr. Orpana contends that a tributary creek system and treed swamp would provide a direct surface water connectivity to Knowlton Lake. This is in the context of the South Frontenac Township Official Plan 300 m setback requirement. Mr. Orpana makes the point in his letter that his opinions are based on the information currently available to him. The following six points are provided to better inform him of the situation.

The South Frontenac Official Plan notes: ii) Generally, the creation of new lots, through the severance consent process, within 300 metres (984.3 feet) of a highly sensitive lake trout lake will not be considered for approval due to the potential to further degrade the water quality necessary to maintain a healthy lake trout population

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an intermittent stream whose flows are dictated by precipitation events. We were on site during a rainfall event, and the average depth in the stream was about 3 cm and it flows overland. For surface water within the watercourse to have a nutrient impact on the lake, nutrients picked up from the severance locations would have to flow unimpeded for over 600 m. However, there are many impedances in that 600+ m, including leaves, rocks, and woody debris over the first approximate 300 m, and then the swamp where any semblance of a channel ends. Nutrients drop out over time in such systems. This basic scientific fact is one reason that specific setback distances have been established in the province. 4. The stream in question conveys roadside stormwater. In the following image, the water flowing into this property originates from a perched culvert under Vanluven Rd., seen in the left of the adcjacentimage taken in Dec. 3, 2020. This December image is being used because the culvert becomes obscured by vegetation in the summer. From here stormwater would flow east, until any semblance of a watercourse ends about 10 m before the start of the swamp. The watercourse is often dry, as was the case on June 20, 2021 two days after a full day of rainfall. The inserted middle photo above shows the dry channel as seen on June 20, 2021. The septic systems will be underground and not have a direct connection to this surface water conveyance. Instead, septic system nutrient flows will have to cover an underground distance of over 600 m to the lake. 5. The intervening swamp is an White CedarHardwood Mineral Mixed Swamp Type with a moss and fern rich understory (see adjacent). There is no channel through the swamp. In spring it contains vernal pools, but these eventually dry up (as was observed on June 20, 2021).

The abandoned and degraded Concession Line

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Road acts as a berm at the east end of the cedar swamp and would impact water flow energy into Knowlton Lake. 7. The most important point is regarding the pollution attenuation ability of the intervening cedar swamp wetland. The pollution attenuation ability of wetlands is well established in the scientific literature, and MECP does support the construction of wetlands for this purpose. More importantly, this pollution attenuation function is a key scoring component of Section 3.2 Water Quality Improvement of the provincial wetland evaluation system (see Ontario Wetland Evaluation System, Southern Manual, 3rd Edition, Version 3.3, 2014). We have been evaluating wetlands since 1984 and have completed over 100 wetland evaluations, and therefore can speak with authority on this subject. In Section 3.2.2. Long Term Nutrient Trap of the evaluation manual, we have determined that the intervening treed swamp wetland would receive the highest possible scores attainable as a nutrient trap. To reject this recognized and widely documented pollution attenuation ability, would reject the scoring of all wetland evaluations (including provincially significant wetlands) that have been undertaken in the province. In the adjacent image, we provide a possible build and septic location for the retained lot with a star. This can allow for a potential effluent pathway through an existing dug depression (which can be enhanced) at the base of the forested slope with a natural downward westward topography. This can provide a flow distance of over 670 m to the start of the adjacent wetland, and 1.1 km to the lake edge, and meet the 300 m requirement of the OP. This reasoning will need to be confirmed by a qualified groundwater engineer.

Wildlife Habitat

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There are 34 categories of wildlife habitat in MNRF (2015b) that need to be considered for any application, of which 2 require discussion for the severances. Turtle Nesting Area: A possible turtle nest area is located in a part of the abandoned pit that has minimal vegetation and an open sand substrate, and a depredated Painted Turtle nest was observed here. To be significant requires the presence of five or more nesting Painted Turtles, and we could only find the one nest. One or more Snapping or Map Turtle nests also constitutes significant wildlife habitat. More field work would be needed to determine if these significant numbers were met, but in our opinion the recommended build locations (see stars in accompanying figure) do not pose a risk to turtle nesting due to the separation distances. Turtles are tolerant of nearby human activity when nesting. A case in point is their common use of urban lawns, gravel driveway edges, and road edges for nesting. Nevertheless: More field work is recommended if development is proposed to occur within 30 m of the possible nest area in the above image using the MNRF (2015b) survey protocol.

Habitat for Species of Conservation Concern: This category is intended to cover S1, S2, S3 ranked species and species of Special Concern. The Eastern Wood Pewee and Wood Thrush are Special Concern woodland birds that are found in woodlands within 1 km to the north, east, and south of the severance properties. None have been reported on the severance properties or within 120 m of the severance properties, and none were observed during any of the site visits. They are both vocal birds that call throughout the day and can be easily noted during a site visit. However, it is conceivable that they could use the adjacent FOD5-4 woodlands at some time or other, as these woodlands do have favorable habitat features. The declining numbers of these two species is largely due to impacts occurring in their winter ranges outside of Canada. There is not a lack of appropriate habitat in this region, and they do have a tolerance to modest levels of nearby human activity, such as with the adjacent small-scale developments proposed. Accordingly, our recommendation is the standard one associated with all migratory birds in relation to the Migratory Birds Convention Act, where it is a contravention of the Act to destroy nests during the breeding season. To avoid a contravention of the Act, it is recommended that initial site alteration take place outside of the bird breeding season (mid-April to mid-August). If it is necessary to clear the site during the breeding season, it is recommended that the areas

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be first surveyed by a qualified biologist to determine if nesting is present. If that is the case, then site clearing will have to avoid disturbing the nests until mid-August after the young have fledged.

Respectfully Submitted,

Rob Snetsinger Ecological Services

References Aram, J., T. Walls, S. Stockwell, and M. McCollough. 2003. Evaluating vernal pools as a basis for conservation strategies: A Maine case study. Wetlands. 23: 70-81. Lee, H., W. Bakowsky, J. Riley, J. Bowles, M. Puddister, P. Uhlig, and S. McMurray. 1998. Ecological Land Classification for Southern Ontario. Natural Heritage Information Centre. MNR (Ministry of Natural Resources). 2010. Natural Heritage Reference Manual for Natural Heritage Policies of the Provincial Policy Statement, 2005. Second Edition. MNRF (Ministry of Natural Resources and Forestry and Forestry). 2015a. Survey protocol for Blanding’s Turtle (Emydoidea blandingii) in Ontario. MNRF (Ontario Ministry of Natural Resources and Forestry). 2015b. Significant Wildlife Habitat Ecoregion 6E Criterion Schedule. Draft. MNRF (Ministry of Natural Resources and Forestry). 2018. Natural heritage information request guide. Regional Operations Division. MECP (Ministry of the Environment, Conservation, and Parks Species at Risk Branch). 2019. Permissions and Compliance. Clients Guide to Preliminary Screening for Species at Risk. MNR (Ministry of Natural Resources). Undated 1. General habitat description for the Blanding’s Turtle (Emydoidea blandingii)

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MNR (Ministry of Natural Resources). Undated 2. Habitat protection summary for Gray Ratsnake (Frontenac Axis Population).

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I support Township in their efforts to preserve our water quality and ensure that environmental rules and regulations are adhered to. This is essential. Sincerely, Sharon Singer

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From: To: Subject: Date:

Clayton Potts planning 5356 New Morin Road Severance Proposal October 18, 2021 10:58:20 AM

October 18, 2021 Planning Department The proposed severance is: 5356 New Morin Road S-11-21-P , S-12-21-P, S-13-21-P Our family has had property on Knowlton Lake since 1967. This lake is relatively small compared to other lakes in the vicinity but has always had excellent water quality. Lake Trout have been able to thrive here and so have the other fish species. The Ministry of Environment and the Cataraqui Conservation has stated this development would have a negative impact on the surrounding wetlands and lake. Our family is opposed to this proposed development which will have a negative impact on the water quality of Knowlton Lake. Our other concern is that this proposed severance will grow into something much bigger including adding more lots on the retained land. We urge you to deny the proposal altogether. Best Regards Clayton Potts Everett Lane Sydenham Ont

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From: To: Subject: Date:

Charles Mecke planning New Morin Road severances proposal October 21, 2021 8:33:36 AM

I am the President of The Knowlton Lake Cottage Owners’ Association which is a community comprised of more than 100 property owners and their families. This Association is a member of the Federation of Ontario Cottagers’ Association (FOCA). FOCA have encouraged us to be good stewards of our lake by protecting its health and we intend to continue to do so. As such, over the last forty years, we have participated in various projects with the Ministry of Natural Resources and various scientific departments of Queens University, all either conducting research or investigating the nature of the lake and the surrounding habitat. Over these several years, we have assisted with ongoing testing of the water as well as frequent monitoring of fish population. The results of these investigations have unanimously concluded that Knowlton Lake stands as an exception to other lakes of Ontario in that it has maintained its pristine natural condition subject of course to recent invasions of foreign, non-native plants as well as zebra mussels, both of which are now common in other lakes in Ontario. These reports and investigations are significant in that they qualify Knowlton Lake as an extremely sensitive environment worthy of long term study and of a continued “hands off” approach by developers. Members of the Association have been led to believe that municipal authorities had decided on a moratorium for any future development which would impact in any way the lake and/or its sensitive shoreline. As such, the members of our Association have instructed me to voice their individual and collective objection to the development proposed referred to as “New Morin Road” severances. It is unthinkable that the municipality’s planning department could endorse any such development as it stands in direct contradiction to provincial planning guidelines, including the current Official Plan and Zoning By-Laws. This Association will, as it has in the past, muster all necessary resources, legal and others, to object to such severances and/or development which, as such, are contrary to the best interests of the lake. Accordingly, we are deeply concerned with the New Morin Road severances proposal. This will lead to a much higher density development than our lake can withstand as it will inevitably result in detriments, among them: · tree and other vegetation removal to facilitate building and heavy equipment access · an abundance of sceptic systems in close proximity to one another creating exhaustion beyond their capacities · an increase in impervious surfaces facilitating nutrients being carried into the wetlands and lake through runoff. · shoreline modification Page 160 of 373

All of which will lead to poor water quality and negative impacts on fish and wildlife. The purpose of this letter is not only to voice and to register an objection to the proposed severances, but also to request that all reports be forwarded to me prior to any hearing and that I be made aware directly of any such decision. We are residents, property tax payers, local business supporters and township voters. Please take our concerns seriously. On behalf of the Knowlton Lake Cottage Owners Association. Charles Mecke President Sent from my iPad

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From: To: Cc: Subject: Date: Attachments:

Andrew Schmidt Christine Woods Janelle Treash RE: S-11, 12, 13-21-P (Beach) - Cataraqui Conservation Comments February 28, 2023 9:39:43 AM image001.png image002.png image003.png image004.png image005.png image006.png

No worries, Christine. I have no concerns. The other two lots to be severed may be a different story though as, if I recall, there are erosion hazards that still need to be addressed in addition to the fisheries issue. P.S. Welcome back to environmental planning per Bill 23. Regards, Andrew Schmidt (he/him) Manager, Watershed Planning & Engineering Logo

Description automatically generated

Phone: (613) 546-4228 ext. 244 Web: www.CataraquiConservation.ca From: Christine Woods cwoods@southfrontenac.net Sent: February 27, 2023 3:58 PM To: Andrew Schmidt aschmidt@crca.ca Cc: Janelle Treash JTreash@crca.ca Subject: RE: S-11, 12, 13-21-P (Beach) - Cataraqui Conservation Comments

Andrew, My apologies for the short notice on this one…Gary has requested that Application S13-21-P go to the Committee of Adjustment on March 9th for a decision. The other two applications are still on hold. The wetland/lake issue was addressed with MECP, and they are okay with severing the house because there is an area on the retained for development to occur outside 300 metres from the lake/wetland (the marsh not the swamp). See attached emails. Would you like to provide any additional comments on this specific application? Please let me know if you want to discuss. Page 162 of 373

Christine Woods, MCIP, RPP Senior Planner Township of South Frontenac

p: +613-376-3027 ext. 2221 e: cwoods@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net

Please consider the environment before printing this email

From: Andrew Schmidt aschmidt@crca.ca Sent: September 17, 2021 3:56 PM To: Michelle Hannah mhannah@southfrontenac.net Cc: Orpana, Jon (MECP) jon.orpana@ontario.ca; Christine Woods cwoods@southfrontenac.net; Anna Geladi ageladi@southfrontenac.net; Tom Beaubiah TBeaubiah@crca.ca Subject: S-11, 12, 13-21-P (Beach) - Cataraqui Conservation Comments Hello Michelle. Please see the attached planning comments and contact me if you have any questions. regards,

Andrew Schmidt

Supervisor, Development Review

1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 Phone: (613) 546-4228 ext. 244 Toll-Free: 1-877-956-2722 Web: www.CataraquiConservation.ca Please consider the environment before printing this e-mail.

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From: To: Cc: Subject: Date: Attachments:

Troy Dunlop Gary Beach Christine Woods New Morin Road - Access January 26, 2023 4:10:24 PM image001.png image002.png image003.png image004.png image005.png

Hello Gary, I believe, as mentioned on our site visit that there is a safe access point from New Morin Road just south of the old gate access to the quarry. I have reached out to Christine and have shared these observations with her. There would have to be some excavation to improve sightlines up at the sharp corner at the top of the hill as we discussed before. In order to keep communications on the right channels for your severance – Christine has said you can follow up directly with her on this aspect and others that are under review. I trust that this is good news.

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

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Ministry of the Environment, Conservation and Parks Eastern Region 1259 Gardiners Road, Unit 3 Kingston ON K7P 3J6 Tel.: 613-549-4000 or 800-267-0974

Ministère de l’Environnement, de la Protection de la nature et des Parcs Région de l’Est 1259, rue Gardiners, Unité 3 Kingston ON K7P 3J6 Tél.: 613-549-4000 ou 800-267-0974

By email only April 15, 2021 Ms. Anna Geladi Township of South Frontenac, P.O. Box 100 Sydenham, ON K0H 2T0 Attention:

Anna Geladi, Planner Email: Ageladi@southfrontenac.net

Dear Ms. Geladi: Re:

Application for three new lot severances and one retained – New Morin Road – Township of South Frontenac

I have reviewed the above noted application for consent and supporting documentation to sever and offer the following comments for the Land Division Committee’s consideration. Knowlton Lake is managed by the Ministry of Natural Resources and Forestry as a lake trout lake. This lake is also classified by the Ministry of the Environment, Conservation and Parks (MECP) as “at capacity” which generally means that no development including land division should occur within 300 m that would result in further impairment to water quality and fish habitat. The applicant has requested a severance of three parcels (2.1 acres, 2.23 acres and 2.41 acres) in size from the larger retained parcel. The property is currently designated “Rural” in the Official Plan and “Rural” in the implementing Zoning By-Law for South Frontenac Township. Knowlton Lake has been designated as a highly sensitive Lake Trout Lake for South Frontenac Township and is zoned “Environmental Protection” in the implementing Zoning By-Law. As presented, this application proposes severances outside of the 300 m setback from the high water mark of Knowlton Lake to accommodate septic tile fields and on site servicing for these severances which would serve as future residential lots. However, there is a tributary creek system and a treed swamp within 300 m of these severances that would provide direct surface water connectivity to the sensitive surface water feature of Knowlton Lake therefore impacting local water quality.

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Based on a review of information currently available this ministry finds the proposal contrary to provincial guidance and related OP/Zoning policies. If you have any questions regarding the above comments, please do not hesitate to contact me at the coordinates below. Regards,

Jon K. Orpana Environmental Planner & Environmental Assessment Coordinator Ministry of the Environment, Conservation and Parks Kingston Regional Office 1259 Gardiners Road, PO Box 22032 Kingston, Ontario K7M 8S5 Phone: 613 548 6918 Fax: 613 548 6908 Email: jon.orpana@ontario.ca

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Ministry of the Environment, Conservation and Parks Eastern Region 1259 Gardiners Road, Unit 3 Kingston ON K7P 3J6 Tel.: 613-549-4000 or 800-267-0974

Ministère de l’Environnement, de la Protection de la nature et des Parcs Région de l’Est 1259, rue Gardiners, Unité 3 Kingston ON K7P 3J6 Tél.: 613-549-4000 ou 800-267-0974

By email only October 6, 2021 Ms. Anna Geladi Township of South Frontenac, P.O. Box 100 Sydenham, ON K0H 2T0 Attention:

Anna Geladi, Planner Email: Ageladi@southfrontenac.net

Dear Ms. Geladi: Re:

Application for three new lot severances and one retained – New Morin Road – Township of South Frontenac

MECP staff have reviewed the above noted application for consent and supporting documentation to sever and offer the following comments for the Land Division Committee’s consideration. Knowlton Lake is managed by the Ministry of Natural Resources and Forestry as a lake trout lake. This lake is also classified by the Ministry of the Environment, Conservation and Parks (MECP) as “at capacity” which generally means that no development including land division should occur within 300 m that would result in further impairment to water quality and fish habitat. The applicant has requested a severance of three parcels (2.1 acres, 2.23 acres and 2.41 acres) in size from the larger retained parcel. The property is currently designated “Rural” in the Official Plan and “Rural” in the implementing Zoning By-Law for South Frontenac Township. Knowlton Lake has been designated as a highly sensitive Lake Trout Lake for South Frontenac Township and is zoned “Environmental Protection” in the implementing Zoning By-Law. MECP staff have reviewed the two EIS reports and accompanying maps and lot diagrams. In order for MECP to come to a decision regarding these severances additional information is required. We highlight the needed info below. MECP considers the wetland adjacent to Knowlton Lake and therefore part of the lake. Any measurements of distance from lots or septic systems will therefore be to the western edge of the wetland boundary. Page 167 of 373

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In order to determine whether the tile beds are beyond or within the 300 m setback for at-capacity lakes as per MECP policy each severance property is required to produce a site diagram showing the location of the septic tank and other buildings so measurements to the wetland border can be made. Once a location for the tile bed has been determined and approved the following guidance for determining if the location is appropriate for an at-capacity lake is as follows. A site-specific soils investigation is required and should be prepared by a qualified professional and the site shall require the following; The site where the septic tile-bed is to be located, and the region below and 15 metres down-gradient of this site, toward the lakeshore or a permanently-flowing tributary, across the full width of the tile bed, consist of deep (more than three metres), native and undisturbed, non-calcareous (<1% CaCO3 equivalent by weight) overburden with acid-extractable concentrations of iron and aluminum of >1% equivalent by weight Soil depth shall be assessed with test pits and/or boreholes at several sites. Samples for soil chemistry should be taken at a depth adjacent to, or below, the proposed tile bed; and an unsaturated zone of at least 1 ½ metres depth exists between the tile bed and the shallowest depth (maximum) extent of the water table. The position of the water table shall be assessed with test pits during the periods of maximum soils saturation (e.g., in the spring, following snowmelt, or late fall) In order to confirm the lake classification, MECP will have conducted temperature and dissolved oxygen profiles on Knowlton Lake’s both basins on or around September 15th. MECP will then calculate the mean volume-weighted hypolimnion dissolved concentration and compare to historical records to determine the lakes current status. In addition, MECP will conduct lake capacity modelling work that will account for outstanding lots of record that are currently undeveloped and account for seasonal and year round use premised on information obtained from the municipality.

The retained lot: We recognize that there is an existing dwelling and septic (to be replaced) on the northerly most lot that has been applied for severance. While this is alright; it also means that the retained (vacant lot) with no development created by the severance(s) must also be able to support development with the appropriate setbacks as described above. There is no information included in the documentation that speaks to the ability or the suitability of this lot to support a dwelling and septic system. Based on a review of information currently available this ministry finds consideration of this application premature at this time.

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If you have any questions regarding the above comments, please do not hesitate to contact me at the coordinates below. Regards,

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Ministry of the Environment, Conservation and Parks

Eastern Region 1259 Gardiners Road, Unit 3 Kingston ON K7P 3J6 Phone: 613.549.4000 or 1.800.267.0974

Ministère de l’Environnement, de la Protection de la nature et des Parcs Région de l’Est 1259, rue Gardiners, unité 3 Kingston (Ontario) K7P 3J6 Tél: 613 549-4000 ou 1 800 267-0974

MEMORANDUM

December 19, 2022

TO:

Jon Orpana Environmental Planner Kingston, ON Eastern Region

FROM:

Dana Cruikshank Surface Water Specialist Water Resources Unit Eastern Region

RE:

5356 Morin Rd request for Severance Part Lot 1, Concession 8, being part 1 on RP 13R7006 District of Portland, Township of South Frontenac Echo Task #: 1-67647174

An application has been made to sever two lots on the western portion of the current property known as 5356 Morin Rd as shown in the diagram below and one lot in the northeastern portion of the lot.

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Application S-11-21-9 is for the creation of a new residential lot consisting of a minimum of 0.8 hectares (2.1 acres) with approximately 214 metres (703 feet) of frontage on New Morin Road from a property municipally known as 5356 New Morin Road. The retained lands will retain the existing development and will be approximately 17.7 hectares (43.8 acres) in area with approximately 645 metres (2116 feet) of frontage on New Morin Road and 76 metres (250 feet) of frontage on VanLuven Road. Application S-12-21-P is for the creation of a new residential lot consisting of 0.9 hectares (2.2 acres) with a minimum of 76 metres (250 feet) of frontage on New Morin Road from a property municipally known as 5356 New Morin Road. The retained lands will retain the existing development and will be approximately 15.9 hectares (39.4 acres) in area with approximately 645 metres (2116 feet) of frontage on New Morin Road. Application S-13-21-P is to sever the existing house and septic system separate from the current lot thereby creating a new lot. A site visit was conducted on November 22, 2022, by MECP staff that included Jon Orpana (Environmental Planner), Victor Castro (WRU supervisor), Sarah Baxter (Surface Water Specialist), Christine Wood (South Frontenac Township) and Gary Beach representing the property owner. Applications to sever S-11-21-9 and S-12-21-9 have been determined by the Township to have concerns such as road access, slope stability, and road setbacks that may be resolved in the future. An environmental impact assessment (EIA) was conducted for the whole property by Ecological Services. The EIA was for the whole lot but focused on potential water quality impacts resulting from the proposed severances in the western part of the property which are longer being considered. For S-13-21-P, the septic system is located behind the house and is about 109 m from the lake edge. It is my understanding that the septic system has been replaced with a Class IV septic system capable of tertiary treatment. Knowlton Lake is a lake trout lake and is classified as being “at capacity”, meaning that new development could only considered on the lake if it met the conditions in MECP’s Lake Capacity Handbook. The mean volume-weighted hypolimnion dissolved oxygen concentration (MVWHDO) is used to determine whether a lake is “at capacity” or not. The trigger value is 7 mg/L MVWHDO. Lakes with a MVWHDO below 7 are determined to be “at capacity”. The following are the MVWHDO concentrations for Knowlton Lake. B1 is Basin 1 and B2 is Basin 2 which is the deeper basin Year

1978 1987 2005 2012 2021

5.35 6.18 5.54 8.5 7.70 7.40 Page 171 of 373

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It appears that the lake’s dissolved oxygen regime has improved since 2012. Eastern Region’s Standard Operating procedure (SOP) for determining a lake’s capacity is three consecutive sampling events that occur during the critical period of late September to early October with the MVWHDO either above or below 7 mg/L. Knowlton Lake is scheduled to be sampled in September 2023. If the MVWHDO is above 7 mg/L in 2023, the lakes classification may have to be reconsidered. Summary The proposed severance of lot S-13-21-P does not change the status quo for this property. An existing house and septic system have existed on this property prior to the severance applications. The application for S-13-21-P is to recognize this part of the lot separately from the retained portion of the lot. The upgraded septic system will likely improve sewage quality and could be considered an improvement over the previous septic system. I therefore have no issue with this lot being severed from the larger parcel. This severance will create a new large, retained lot. The retained lot poses some challenges with respect to siting a septic system. The EIA has shown that the western end of the retained lot can meet the 300 m setback from Knowlton Lake and the revised wetland boundary. The Township needs to identify a suitable location with sufficient soil depth for a conventional septic system at least 300 m from the lake and/or new wetland boundary. If a suitable location exists, it then meets the condition for a new lot as defined in the Lake Capacity Handbook and the Ministry has no further concerns. If you have any questions regarding the above comments or recommendations, I would be pleased to discuss them with you.

Dana Cruikshank Surface Water Specialist ec:

Victor Castro (WRU Supervisor (A)) Sarah Baxter (Surface Water Specialist)

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September 17, 2021

File:

SEV/FRS/296/2021 SEV/FRS/297/2021 SEV/FRS/298/2021

Sent by E-mail Ms. Michelle Hannah, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, ON K0H 2T0 Dear Ms. Hannah: Re:

Applications for Consent to Sever S-11-21-P, S-12-21-P, S-13-21-P (500675 Ontario Ltd / Beach) Part Lot 1, Concession 8; 5356 New Morin Road Township of South Frontenac (Portland District) Waterbody: Knowlton Lake / Un-evaluated Wetland

Cataraqui Conservation staff have reviewed the above-noted applications for consent to sever and offer the following comments for the Land Division Committee’s consideration. A site inspection was conducted by staff on September 14, 2021. Summary of Proposal The applicant has requested three severances as follows: Lot 1 (S-11-21-P) Creation of a new residential lot consisting of a minimum of 0.8 hectares (2.1 acres) with approximately 214 metres (703 feet) of frontage on New Morin Road from a property municipally known as 5356 New Morin Road. The retained lands will retain the existing development and will be approximately 17.7 hectares (43.8 acres) in area with approximately 645 metres (2116 feet) of frontage on New Morin Road and 76 metres (250 feet) of frontage on VanLuven Road. Lot 2 (S-12-21-P) Creation of a new residential lot consisting of 0.9 hectares (2.2 acres) with a minimum of 76 metres (250 feet) of frontage on New Morin Road from a property municipally Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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known as 5356 New Morin Road. The retained lands will retain the existing development and will be approximately 15.9 hectares (39.4 acres) in area with approximately 645 metres (2116 feet) of frontage on New Morin Road. Lot 3 (S-13-21-P) Creation of a new residential lot consisting of 0.9 hectares (2.4 acres) with a minimum of 86 metres (282 feet) of frontage on New Morin Road from a property municipally known as 5356 New Morin Road. The new lot will retain the existing development. The retained lands will be vacant and will be approximately 14.9 hectares (37 acres) in area with approximately 559 metres (1833.5 feet) of frontage on New Morin Road. Site Location / Description The subject property is located on the western shore of Knowlton Lake on the east side of New Morin Road in South Frontenac Township. The three severed parcels would not have water frontage onto Knowlton Lake. The retained parcel has water frontage onto a large un-evaluated wetland that is connected to Knowlton Lake. There is existing development on the property which is proposed to be severed from the remainder of the lot (Lot 3). The retained parcel would be vacant. The topography of the site can be characterized as being a valley land that begins high above Knowlton Lake along New Morin Road that drops down in elevation quickly onto a lower plateau area that then drops down again in elevation into the un-evaluated wetland feature. The wetland is a large low-lying treed swamp. There is also a watercourse that crosses under Vanluven Road and through Lot 2. The property is currently designated ‘Rural’ in the Official Plan and ‘Rural’ (RU) and ‘Environmentally Sensitive’ in the implementing Zoning By-law for South Frontenac Township. The area designated as being environmentally sensitive appears to coincide with the location of the un-evaluated wetland on the property. Knowlton Lake has been designated as a highly sensitive Lake Trout Lake in the Official Plan for South Frontenac Township and is zoned ‘Environmental Protection’ (EP) in the Zoning By-law. Discussion The main interests of Cataraqui Conservation with respect to this application are the avoidance of natural hazards (e.g. erosion hazards) and ecological values associated Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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with the valley land, protection of natural heritage features such as the un-evaluated wetland and other natural features, and the protection of the water quality of the lake. Valley Lands a) Natural Hazards Section 5.8.2.b) of the Zoning By-law specifies that no building or structure or septic tank installation shall be located within a minimum of 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Cataraqui Conservation’s Environmental Planning Policy (EPP, 2021) suggests that a minimum access allowance of 6 metres should be maintained between development and the top of the stable valley slope. Additionally, it is our understanding that the front yard setback from the lot line along New Morin Road is 20 metres. In consideration of these requirements and site observations, staff believe that Lots 1 and 2 and the retained parcel do not have a sufficient development envelope between the property line at the road and the top of stable valley slope for future development to occur. If development is to be contemplated on the valley slope, staff recommend that the applicant be requested to undertake a geo-technical study to demonstrate that development can safely occur on the valley slopes. b) Natural Heritage Since there does not appear to be any available location for development outside of the valley land on Lots 1 and 2 and the retained parcel, development would need to occur within the valley land. Section 5.4.1 of Cataraqui Conservation’s EPP states: “The Conservation Authority will encourage the conservation of all valley lands (whether or not such features are classified as significant) and may recommend that development and site alteration be restricted on lands in and adjacent to these valley lands.” The applicant has provided two Environmental Impact Assessments (EIA’s) in support of the proposal (Ecological Services, March 2, 2021 and July 30, 2021). The EIA’s provide recommendations for “build locations” for Lots 1 and 2 and the retained parcel. For Lots 1 and 2, the EIA recommends development occur between the road and the top of bank. As noted previously, staff do not believe that there is enough area outside of required setbacks for development to occur as recommended in the EIA. If development is to be contemplated on the valley slope, staff recommend that the

Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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applicant be requested to provide additional ecological assessment of the valley slopes in those areas. For the retained parcel, the EIA recommends development occur in the northeast corner of the proposed retained parcel. Although this area has been identified in the EIA as low value from an ecological perspective, this places development on the steep valley slope. As noted previously, if development is to be contemplated on the valley slope, staff recommend that the applicant be requested to undertake a geo-technical study to demonstrate that development can safely occur on the valley slopes. Natural Heritage – General As noted above, the applicant has provided two Environmental Impact Assessments (EIA’s) in support of the proposal (Ecological Services, March 2, 2021 and July 30, 2021). a) EIA dated March 2, 2021 The first EIA document dated March 2, 2021 is specific to the creation of 2 lots at the west end of 5356 New Morin Road. The first lot is referred to as Lot 1 and runs parallel to New Morin Road, whereas the second has frontage mainly on VanLuven Road. The site visits were conducted late fall early winter which does have limitations however the consultant notes taking a conservative approach with respect to potential species use understanding that lack of sighting at that time of year is not indicative of not being present. Reliance is made on site characteristics to support potential species. The consultant has made an appropriate review of the ecological features and staff support their general findings in this regard. However, the site constraints previously discussed may place development closer or within some of the features that the consultant has flagged as needing further study. b) EIA dated July 30, 2021 The parcel is heavily influenced by the steep slopes and narrow plateaus considering the distance from the top of bank to a road or lot line. The consultant has noted that there are disturbed or lower areas of ecological value through the centre of the property, that is typically bound by the steep slopes or wetland areas.

Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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There are areas that ecologically contain low enough value that they could be developed if this were the only consideration. However, there are other site constraints (e.g. property line setbacks, steep slopes, sensitive lake trout, potential turtle nesting areas, watercourses, access etc.) that also need to be considered. If development is to be contemplated outside of the ‘build locations” considered by the EIA’s, staff recommend that the applicant be requested to provide additional ecological assessment. Watercourse (on Lot 2) During the site visit, staff identified a watercourse that crosses through Lot 2. Flood plain mapping is not available for this un-named watercourse. Section 5.8.2 of the Zoning By-law specifies that no building or structure or septic tank installation shall be located within a minimum 30 metres horizontal of the highwater mark of a waterbody or watercourse. Similarly, Section 4.5.11 of Cataraqui Conservation’s EPP also suggests a 30 metre setback from the highwater mark of a waterbody for new development, provided that, in the opinion of staff, there is sufficient difference in elevation (to be determined on a case by case basis). Since the watercourse is not shown on any of the supporting information in relation to the proposed boundaries of Lot 2, it is unclear if there is a suitable development envelope outside of the recommended 30 metre setback from the watercourse. Staff recommend that the applicant be requested to demonstrate a suitable development envelope outside of the 30 metre setback from the highwater mark of the watercourse on Lot 2. Un-evaluated Wetland As noted above, the property contains a large un-evaluated wetland feature which will be wholly located on the retained parcel. Section 5.2.5 of the Cataraqui Conservation’s Environmental Planning Policy (EPP, 2021) suggests that new development and site alteration within 30 metres of a wetland should not be supported. Staff note that there is considerable area outside of the required minimum 30 metre adjacent lands to the wetland for future development to occur on the retained lot. Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Official Plan and Zoning By-law for the Township of South Frontenac Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, Cataraqui Conservation’s EPP contains provisions that seek to support these objectives. Also, as noted above, Knowlton Lake is identified as a highly sensitive Lake Trout Lake in the Official Plan, and as such, the waterbody is afforded additional protections to ensure development does not negatively impact the water quality of the lake. Section 5.2.8 (a) (ii) of the Official Plan suggests that the creation of new lots within 300 metres of a highly sensitive Lake Trout Lake will not be considered for approval due to the potential to further degrade the water quality necessary to maintain a healthy Lake Trout population. The intent of this section of the Official Plan is primarily to ensure that a septic system can meet this requirement. In the opinion of staff, the wetland should be considered to be part of Knowlton Lake since the wetland is hydrologically connected to lake. In consideration of this, the applicant has not demonstrated that future development of Lots 1 and 2 will meet the requirement provided in Section 5.2.8 (a) (ii) of the Official Plan. Further, staff do not support the creation of Lot 3, as by doing so, an additional (vacant retained) lot will be created that also cannot meet this requirement. Staff also recommend that the Township seek further guidance from the Ministry of Environment, Conservation and Parks (MECP) to evaluate the proposal with respect to the potential impacts of development on the sensitive Lake Trout Lake and any other aspects of the proposal that may be relevant to their mandate. Recommendation Staff recommend deferral of applications S-11-21-P, S-12-21-Pand S-13-21-P based on our consideration for natural hazards, natural heritage, and water quality and quantity protection policies. Ontario Regulation 148/06 Cataraqui Conservation, under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, regulates development within 15 metres of a flood plain or erosion hazard, within 30 metres of a watercourse, and within 30 metres of an un-evaluated wetland. Therefore, a permit may be required for proposed development under said regulation. If future development is proposed, the Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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applicant or future owners of the lands will be required to contact the undersigned at the building permit stage for more information regarding permitting requirements under Ontario Regulation 148/06. Please notify this office of any decision made by the Committee with regard to these applications. If you have any questions, please contact Andrew Schmidt at (613) 5464228 extension 244 or by e-mail at aschmidt@crca.ca. Yours truly,

Andrew Schmidt Andrew Schmidt Supervisor, Development Review c.c.

Anna Geladi, Planner, South Frontenac Township (via e-mail) Christine Woods, Senior Planner, South Frontenac Township (via e-mail) Tom Beaubiah, Cataraqui Conservation (via e-mail) Jon Orpana, Ministry of Environment, Conservation and Parks

Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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To: Committee of Adjustment Prepared by: Development Services Department Meeting Date: March 9, 2023 Subject:

Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

Summary This application is for the creation of a residential lot. This report recommends approval of the application. The Committee of Adjustment is being asked to make a decision on this application, as it is a disputed consent per By-law 2020-27 because there are unresolved issues or concerns from the public regarding the overall development proposal for the property.

Background Designation and Zoning The subject property is designated Rural and is zoned Rural (RU). Application Table Severed Parcel

Retained Parcel

Area (ha)

0.9

16.7

Frontage on New Morin Road (m)

714

Related Applications The subject property is also subject to Consent Applications S-11-21-P and S-12-21-P under the Planning Act. These applications are not being brought to the Committee for decisions at this time.

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

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Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

History The Committee of Adjustment held a public hearing on October 14, 2021, on applications S-11-21-P, S-12-21-P and S-13-21-P. The Committee deferred making decisions on the applications because it had not been demonstrated that the applications conformed to all applicable policies, particularly those related to new lot creation within 300 metres of an atcapacity lake trout lake. Also, there were unresolved agency and public concerns. The following is a summary of the information that needed to be submitted:

a completed farm data sheet for the barn on the property,
a survey sketch demonstrating that there is a suitable building and sewage system locations on the severed and retained parcels, as well as adequate entrances and access points, that conform to the Official Plan and Zoning By-law,
additional ecological assessment in support of proposed development areas,
a site-specific soils investigation,
demonstration that the parcels could be serviced by a sewage system, including digging test holes, and
a geotechnical study/slope stability analysis. Consent application S-13-21-P is being brought forward to the Committee of Adjustment for a second hearing at the request of the applicant. Review This application:  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. 3.2 & 7.1);  Conforms to the Township of South Frontenac Official Plan (s. 5.2.8, 5.7.4 & 7.1);  Complies with Zoning By-law No. 2003-75 (or will comply subject to a condition requiring a rezoning); and X Has unresolved objections/concerns raised from the public.

Property Description The subject property is located east of New Morin Road, just north of the intersection with Vanluven Road. There are two unopened road allowances abutting the subject property. The first unopened road allowance abuts the southern property line, and extends from www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

Vanluven Road east to Knowlton Lake Road. The second unopened road allowance abuts the eastern property line, and extends south from New Morin Road to Knowlton Lake Road. The frontage of the property consists of a high, steep, forested ridge that slopes to the east in the direction of Knowlton Lake. There is a wide, sparsely vegetated plateau at the bottom of the ridge. Then, there is another forested ridge that slopes towards a large treed swamp that is adjacent to the lake. There is a watercourse on the south portion of the property that is connected to the swamp. The north end of the subject property is developed with a single detached dwelling. The dwelling is accessed off the unopened road allowance. The south end of the subject property was historically used for mineral aggregate extraction (i.e. a sand pit). The pit was accessed from an entrance off New Morin Road just north of Vanluven Road. There are several vacant and developed residential lots along New Morin Road, Vanluven Road and off the north-south unopened road allowance. There are also several agricultural properties.

Summary of Proposal The purpose of this application is to create one new residential lot. The severed parcel would be 0.9 hectares (2.4 acres) in area and have 86 metres (282 feet) of frontage on New Morin Road. The severed parcel would be developed with a single detached dwelling. Over the past year, a pool, a barn and a few storage sheds were removed from the property. The dwelling was partially located on the north-south unopened road allowance. The Owner secured an encroachment agreement with the Township for the dwelling in 2020 after purchasing the property (By-law 2020-74). In January 2023, Council stopped up, closed and transferred the portion of the unopened road allowance on which the dwelling encroaches plus three feet around the dwelling (By-law 2023-06). The dwelling continues to be accessed over the unopened road allowance. The retained parcel would be 16.7 hectares (41.2 acres) in area with 714 metres (2342.5 feet) of frontage on New Morin Road. The retained parcel would be vacant.

Supporting Documentation Two Environmental Impact Assessments (EIA) and an Addendum (Ecological Services, March 2, 2021, June 20, 2021, and July 30, 2021) were submitted. The March 2, 2021, EIA focused on the location and impact of the lots proposed through Consent Applications S-11-21-P and S-12-21-P. This report is relevant to S-13-21-P in so far as the location of those lots is now the proposed building location on the retained parcel (see Discuss/Analysis section). This location consists of a cultural thicket and the old sand www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

pit, as well as a deciduous forest. A watercourse runs through the forest, carrying runoff from Vanluven Road to the swamp. The March EIA identified the potential for turtle nesting and whip-poor-will habitat in association with the old sand pit on the property, and recommended further assessment of this area should development be proposed on the old sand pit. The March EIA also recommended that tree removal occur outside of the bat maternity/roost season (mid-April to mid-September), unless specific tree assessments are undertaken to confirm the trees are not being used by bats. It also recommended that initial site alteration take place outside of the bird breeding season (mid-April to mid-August), unless the area is first surveyed by a qualified biologist to confirm there is no nesting present. The June 20, 2021, EIA Addendum was prepared to refute MECP’s position that the watercourse and swamp provide a direct surface water connection to Knowlton Lake and therefore should be subject to the 300 metre prohibition on new lot creation. The Addendum asserts that the watercourse and swamp do not provide a direct surface water connection. The July 30, 2021, EIA expanded on the March EIA to include evaluation and impact assessment for the severed parcel from Consent Application S-13-21-P and the final retained parcel from all three applications. The July 2021 EIA indicates that any sewage system in the southwest corner of the subject property would be more than 300 metres from the marsh wetland that is directly connected to Knowlton Lake. It also indicated that replacing the existing sewage system on the severed parcel is an improvement over the status quo. The July EIA included revised and additional recommendations for development should the Consent Applications be approved.

Discussion/Analysis Agency and Department Comments Ministry of Environment, Conservation and Parks (MECP) staff confirmed in a letter dated April 15, 2021, that Knowlton Lake is an at-capacity lake. MECP staff noted that the property is within 300 metres of a watercourse and a treed swamp that would provide direct surface water connectivity to the sensitive surface water feature of Knowlton Lake and therefore impact the water quality. In a letter dated October 6, 2021, MECP staff indicated that any measurement of the distance between the sewage systems on the proposed lots must therefore be taken to the western edge of the swamp boundary. No development including land division should occur within 300 metres that would result in further impairment to water quality and fish habitat. MECP staff requested additional information from the applicant to further assess the situation. The Committee deferred making a decision on all three consent applications to provide the applicant time to provide this information.

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

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Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

Planning staff and MECP staff held a site meeting with the agent in November 2022. Subsequent to the site meeting and their review of the EIAs and Addendum, MECP staff provided an opinion that the 300 metre setback for sewage systems/lot creation should be measured from the western edge (highwater mark) of the marsh wetland (MAS2-1), not the swamp, identified in the July 2021 EIA. Although the severed parcel from S-13-21-P will be less than 300 metres from the marsh wetland, MECP staff have no concerns with the severed parcel because it is developed and the septic system was upgraded. However, they noted that the retained parcel is physically challenged with respect to siting a septic system that can meet the 300 metre setback from Knowlton Lake and the marsh wetland. They indicated that if a suitable location exists, then the retained parcel would meet the conditions for a new lot as defined in the Lake Capacity Handbook and they would have no further concerns. Cataraqui Conservation staff indicated to planning staff in an email dated February 28, 2023, that they have no objection to the approval of S-13-21-P. However, they continue to have concerns with the other applications as outlined in their letter dated September 17, 2021. Building Services confirmed the existing sewage system on the severed parcel was replaced with a new tertiary system through a permit that was issued in 2021. Test holes were not required for the retained parcel given its large size. Public Services reported on January 26, 2023, that they were able to identify a safe access point from New Morin Road to the retained parcel just south of the old gate access to the pit. This access point would need some excavation to improve sightlines at the sharp corner at the top of the hill. The developed severed parcel has an existing, long-standing access. In 2021, Public Services staff noted that an Ontario Land Surveyor would need to determine whether a road widening is required as a condition to any approvals. Public Comments At the October 2021 public hearing, the agent agreed that it would be appropriate for the Committee to defer making a decision so that further discussions could be held with Township staff and MECP staff. Also at that hearing, an individual who owns property in the general area of the subject property asked how the wetlands on the property would not be a part of the lake. They agreed with the Planner that this matter should be looked into further. Following the October 2021 public hearing, the Township received written correspondence from three individuals who own properties in the general area of the subject property. They were opposed to the three applications and shared the concerns of MECP and Cataraqui Conservation staff about the negative impact of the development on the water quality of Knowlton Lake. Written correspondence was also received from the Knowlton Lake Cottage Owners’ Association. The Association objected to the three applications based on

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

Page 184 of 373

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

the Township’s lake trout lake policies and their concerns over the impact of additional development on the lake. Planning Analysis The consent application needs to be assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. Rural Residential Development and At-capacity Lake Trout Lakes The Provincial Policy Statement 2020 (Section 1.1.5) and the County of Frontenac Official Plan (Section 3.3) permit residential development, including lot creation that is locally appropriate, in rural areas. The Township of South Frontenac Official Plan may permit a maximum of three new rural residential lots to be created through the consent process. The PPS also requires planning authorities to consider environmental lake capacity, and to restrict development and site alteration in and near sensitive surface water features and sensitive groundwater features such that these features and their related hydrologic functions will be protected, improved or restored. It is our understanding that this policy applies to at-capacity lake trout lakes. The County Official Plan (section 7.1.4.4) does not permit new lot creation within 300 metres of at-capacity lake trout lakes, but does allow for exceptions such as permitting development on lots of record within 300 metres of the lakes. The Township Official Plan (section 5.2.8) conforms to the County Official Plan policies on at-capacity lake trout lakes. The subject property is not a waterfront property as it is separated from Knowlton Lake by an unopened road allowance. However, the lands are within 300 metres of the lake and a marsh wetland that is connected to the lake. They also drain toward the wetland and lake. The subject property contains a watercourse that drains into a treed swamp that is adjacent to the marsh wetland. As indicated above, MECP staff concur with the findings of the July 2021 EIA that the marsh wetland, not the treed swamp, is directly connected to the lake. Therefore the 300 metre area where new lot creation is prohibited is to be measured from the western edge of the wetland. The severed parcel would extend from New Morin Road approximately 150 metres south to the top of the ridge closest to the wetland and lake. Its rear lot line would be located approximately 30 metres from the wetland. The severed parcel would contain the existing dwelling and sewage system, which are located more than 60 metres from the wetland. Severing the existing dwelling and sewage system from the subject property would not change the existing condition (i.e. the dwelling and sewage system are already within 300 metres of the lake). The severed parcel would conform to the Official Plan requirements for www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 185 of 373

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

minimum lot area and minimum road frontage, as it would be 0.9 hectares in area with 86 metres of frontage. Severing the existing dwelling and sewage system from the subject property would leave a vacant retained parcel. The retained parcel, although large in area, contains significant physical limitations for development. This includes the ability to locate a sewage system that would be setback at least 300 metres from Knowlton Lake and the marsh wetland, as required by the County and Township Official Plans. Planning staff used Frontenac Maps to confirm that there is an area in the southwest corner of the retained parcel (i.e. the location of S-11-21-P and S-12-21-P) that would be more than 300 metres from the lake and wetland. The criteria for new lot creation where sewage systems would be more than 300 metres from Knowlton Lake has been satisfied. Natural Environment Two EIAs (Ecological Services, March 2, 2021 and July 30, 2021) were submitted in support of the application. The EIAs inventoried natural features, species and habitats on and adjacent to the subject lands, assessed for potential impacts from lot creation and subsequent development, and made recommendations to mitigate any potential impact. The recommendations, which are listed under Supporting Documentation, should be applied to the retained parcel. Access The severed parcel has a long-standing access to New Morin Road. The frontage of the retained parcel is significantly constrained by topography and sight lines. Only one entrance location on New Morin Road was identified to the satisfaction of Public Services. No additional entrances will be permitted. Special Conditions If the subject application is approved by the Committee of Adjustment, staff recommend that in addition to the standard conditions (e.g. survey, road allowance widening, cash-inlieu of parkland) that two conditions should be applied to the retained parcel in order to ensure conformity to the Official Plan and to implement the recommendations of the EIAs. Specifically,

Zoning By-law Amendment - the retained parcel is a lot of record. The Township Official Plan exempts development on lots of record from the 300 metre setback. Therefore, the zone on the retained parcel must be amended to require any sewage system to be setback a minimum of 300 metres from Knowlton Lake in order to ensure conformity with the PPS, County Official Plan and Township Official Plan.

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

Page 186 of 373

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

Development Agreement – A development agreement should be applied to the retained parcel to ensure that the current and any future owner is aware of limitations and requirements for its development including safe access and entrance permit requirements, and implementation of the EIA recommendations.

Conclusion The severed parcel and the retained parcel would comply with Rural and Rural Residential policies and the land division policies (section 7.1) of the Township of South Frontenac Official Plan related to area, frontage, access and sewage system servicing.

Notice/Consultation The initial Notice of the Application was given pursuant to the requirements of the Planning Act, at least 14 days before the application was reviewed. Notice of the Public Hearing was also provided pursuant to the Planning Act. 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 by mail or e-mail to members of the public who provided comment on the initial application in 2021

Recommendation It is recommended that application S-13-21-P be approved for consent to sever one new residential lot from 5356 New Morin Road, being Part 1 on Plan 13R7006, Part of Lot 1, Concession 8, District of Portland, Township of South Frontenac subject to the following conditions. Expiry Period

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. Severed Lands
The land to be severed by Consent Application S-13-21-P shall be for the creation of one new residential lot approximately 0.9 hectares in area and with approximately 86 metres frontage on New Morin Road. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 187 of 373

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

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], and the Certificate of Official shall be submitted to the Secretary-Treasurer 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 including an area calculation noting frontage along the road electronically or in paper form for 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 referred to in Conditions #3 and #4 shall also determine by survey the width of New Morin Road to be 20 metres (66 feet). If such width is less than 20 metres (66 feet), the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 10 metres (33 feet) from the centre of the existing travelled road for New Morin 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 name 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 www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 188 of 373

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements 6. 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. 7. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 8. In the event that there are abandoned wells located on the severed parcel 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. 9. The applicant shall enter into a Development Agreement with the Township to be registered on title to the retained parcel to address the development of the lot, including requirements for an entrance permit, and implementation of the recommendations of the Environmental Impact Assessments (March 2, 2021 and July 30, 2021) specifically, a. The old sand pit on the property shall be assessed by a qualified professional for turtle nesting and whip-poor-will habitat prior to development and site alteration, if development and site alteration is proposed in this area. b. Tree removal is restricted to outside of the bat maternity/roost season (midApril to mid-September), unless specific tree assessments are undertaken to confirm the trees are not being used by bats. c. Tree removal and initial site alteration is restricted to outside of the bird breeding season (mid-April to mid-August), unless the area is first surveyed by a qualified biologist to confirm there is no nesting present. Zoning 10. The applicant is required to apply for a zoning by-law amendment to require any sewage system on the retained parcel to be setback a minimum 300 metres from the highwater mark of Knowlton Lake. Please contact the Planning Services to begin this process. 11. 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 Township.

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

Page 189 of 373

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

Submitted By: Christine Woods, MCIP RPP, Senior Planner Reviewed By: Tom Fehr, Planner

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

Page 190 of 373

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Page 191 of 373

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Page 200 of 373

1033 ISLAND VIEW LANE

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020. While the Township 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.

Scale: 1:1,500 0

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50 m

1047 ISLAND VIEW LANE

1045 ISLAND VIEW LANE

UTM Zone 18 NAD 83

Date: 2022-10-07

December 13, 2022 GenFour Contracting 1003 Island View Lane, Hartington, Ontario Attn: Benjamin Sands Environmental Geotechnical

Re: Slope Stability Site Inspection - 1003 Island View Lane, Hartington, Ontario Cambium Reference: 16798-001

Building Sciences Construction Quality Verification

Dear Benjamin, Cambium Inc. (Cambium) was retained by Benjamin Sand (The Client) to conduct a slope stability and erosion risk assessment for a proposed additions at

Telephone (866) 217.7900 (705) 742.7900

1003 Island View Lane outside of Hartington, Ontario. This letter report provides the results of a site investigation where Cambium observed the existing slope conditions and determined the Slope Stability Rating per the Ontario Ministry of

Website cambium-inc.com

Natural Resources (MNR) Erosion Hazard Limit Guidelines.

Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3

SITE DESCRIPTION AND BACKGROUND The property is located at 1003 Island View Lane, east of Hartington, Ontario

Locations Peterborough Kingston Barrie Oshawa

along the west shore of Knowlton Lake. The property is accessed from Nature Lane via Bell Road. The subject site fronts on to Knowlton Lake and is within the jurisdiction of the County of South Frontenac whose water and natural resource

Laboratory Peterborough

systems at the subject site are managed by the Cataraqui Regions Conservation Authority. For the purposes of this report, the shoreline of Knowlton Lake will be considered as running along the east boundary of the property. Island View Lane is considered to run in the north-south direction and bounds the property on the west property line. A gravel driveway is used to access the site. There are two existing slopes on the site, one sloping down from the west property limits to the rear of the existing dwelling. The second slopes down from the front (lake side) of the dwelling down to the shoreline of Knowlton Lake. For

16798-001

Page 201Page of 1373

December 13, 2022 the purpose of this report, the slope leading to Knowlton Lake will be referred to as the ‘primary slope’ and is the subject of the report. The property is currently developed with a single residential dwelling with a top floor and basement walkout which was constructed on an area of table land that Environmental

exists between two slopes on site. It is understood that the proposed developments are to include a second level addition to the existing dwelling.

Geotechnical

Other features on the property include a deck on the front of the existing building, Building Sciences Construction Quality Verification

a dock, an engineered Amourstone retaining wall along the crest of the primary slope, a Bunkie, and a storage building. Photos of the existing conditions are provided in the Photo Appendix following the text of this letter.

Telephone (866) 217.7900 (705) 742.7900

VISUAL SLOPE INSPECTION A detailed visual slope inspection of both the primary and secondary slopes

Website cambium-inc.com

onsite was conducted on December 1, 2022, by a geotechnical analyst of

Mailing Address

Cambium Inc. General information pertaining to the existing slope features such

P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3

as slope profile, slope drainage, vegetation cover, structures on or in the vicinity

Locations Peterborough Kingston Barrie Oshawa

Laboratory Peterborough

of the slope, erosion features, and potential slope slide features were noted during the inspection. A summary is provided below. Photographs taken during the inspection are included in the Photo Appendix. According to publicly available ArcGIS maps access through the County of South Frontenac, where Island View Lane accesses the property, the elevation is approximately 145 m ASL, while the shoreline of Knowlton Lake is approximately 140 m ASL, the tableland where the existing dwelling is located is at an elevation slightly below the driveway entrance. ArcGIS elevations are for reference only and not based on site specific survey data. The lot measures approximately 60 meters in width from east to west and trapezoidal shaped with lengths in the north-south direction ranging from approximately 60 to 90 meters. The primary slope is located along the shoreline of Knowlton Lake and was measured to be approximately 2.7 meters vertical with slope of approximately

16798-001

Page 202Page of 2373

December 13, 2022 25°. The inclination of the slope was measured using a hand inclinometer from the slope toe. At the crest of the primary slope, a table land or plateau exists where the dwelling is located. This tableland has a slight inclination downwards towards Knowlton Environmental

Lake and has likely been created through the placement of fill due to the Armourstone retaining wall present along the shoreline. The property is generally

Geotechnical

covered with young to mature trees, some grass cover, and exposed boulders

Building Sciences

and bedrock.

Construction Quality Verification

No evidence of seepage or concentrated surface runoff was noted along the slope face or at the slope crest. No evidence of previous landslide activity was noted.

Telephone

The toe of the primary slope consists of gravel, cobbles and boulders measuring

(866) 217.7900 (705) 742.7900

from 100 to 400 mm in diameter, inferred bedrock outcrops, and sand within the Knowlton Lake where it meets the shoreline. Confirmed bedrock was noted along

Website cambium-inc.com

the shoreline of the adjacent property to the north. The primary slope itself shows

Mailing Address

no signs of instability or distress.

P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3

Based on our above observations, as well as publicly available geological maps,

Locations

it is likely the slope is composed predominantly of bedrock overlain by relatively

Peterborough Kingston Barrie Oshawa

shallow deposits of topsoil over gravel and sand materials. The watercourse is

Laboratory Peterborough

also the toe of the primary slope and therefore less than 15 meters from the slope toe. A Dynamic Penetration Test (DPT) was conducted at the southeast corner of the existing building. The results of the DPT indicate that inferred bedrock is present approximately 0.8 meters below ground surface (mbgs). Provided that the existing building was constructed with ample frost protection (1.2 mbgs), it is likely that the existing foundation bear on bedrock.

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December 13, 2022 SLOPE STABILITY RATING Based on the “MNR Technical Guide – River and Stream Systems: Erosion Hazard Limit”, the primary slope on the property has a rating of 24. These ratings are indicative of a low potential for instability based on the guidelines. A Environmental

record of the slope inspection is provided in the attachments referencing the primary slope as it should not affect set back limits for the proposed build. The

Geotechnical

following slope stability and erosion assessment is based on the primary slope.

Building Sciences Construction Quality Verification

TOE EROSION The toe of the subject slope consists of the primary slope leading to Knowlton Lake, making the toe less than 15 meters from a watercourse. The tableland, face, and toe of the slope consists of predominantly of a mixture of topsoil overlying sand

Telephone (866) 217.7900 (705) 742.7900

Website cambium-inc.com

and gravel with boulders overlying bedrock. Cataraqui Region Conservation Authority adheres to Ontario Reg 153/06 stating that the developments may not be undertaken within 15 meters of the top of a stable bank unless in its opinion, the control of flooding, erosion, pollution, or conservation of land will not be

Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa

Laboratory Peterborough

affected by the development. The following Erosion Hazard Limit has been determined based on best practices and the “MNR Technical Guide – River and Stream Systems”. Toe Erosion Allowance Toe erosion allowance is defined in MNRF Technical Guidelines as 100 times the average annual recession rate of the toe, or 15 meters landward from the toe of the slope. A sufficiently legible historical photo was not available to assess average annual recession rate of the toe, however, as there is no evidence of active erosion, the toe consists of boulders, gravel, sand, and bedrock and the watercourse is a lake within minimal bankfull flow velocity (compared to a river or stream), it is recommended that the toe erosion allowance can be taken as 2 meters.

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December 13, 2022 Stable Slope Allowance The stable slope allowance is defined by the Technical Guide as a slope no steeper than 3H:1V or as determined by a study using accepted geotechnical principles. The slope consists of sand, gravel, and boulders overlying bedrock and hosts no Environmental

signs eroding or weak material, therefore, it is deemed to be globally stable. As the slope in question is found to be stable under the existing loading conditions,

Geotechnical

Cambium recommends that a line drawn at a 3H:1V through any overlying

Building Sciences

overburden material from the toe of the slope be viewed as the limit for the stable

Construction Quality Verification

slope allowance. As inferred bedrock was encountered approximately 0.8 mbgs on the table land, and outcrops were visible along the slope face, Cambium recommends using a setback of 3 meters from the crest of the slope.

Telephone (866) 217.7900 (705) 742.7900

Website cambium-inc.com

Erosion Access Allowance The erosion access allowance is the last component used to determine the landward limit of the erosion hazards. This allowance is used to provide emergency access to erosion prone areas, construction access, and protection against

Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa

Laboratory Peterborough

unforeseen conditions, which could have an adverse effect on the natural condition of the slope. The Technical Guide suggests an erosion access allowance of 6 meters. EROSION HAZARD LIMIT The erosion hazard limit is considered to be landward sum from the top of bank of the horizontal components of each of: •

Toe Erosion Allowance (TEA) – 2 meters

•

Stable Slope Allowance (SSA) – 3 meters

•

Erosion Access Allowance (ESA) – 6 meters

The erosion hazard limit is often used in conservation policy to establish setbacks from slopes, at which development may occur without being negatively affected by the slope.

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December 13, 2022 The erosion hazard limit incorporates all three allowances as a summation, resulting in a total set back of 11 meters from the toe of slope as identified in the field. However, while the proposed additions remain outside what can be considered the limit of hazard lands, Cambium recommends that the following construction recommendations are followed to ensure that the proposed Environmental

additions do not adversely affect the slope in question.

Geotechnical

CONTRUCTION RECOMMENDATIONS Building Sciences Construction Quality Verification

To further ensure that any possible adverse effects to the slope stability and toe erosion are mitigated following completion of construction, the following general recommendations are provided: •

Telephone

Construction activities should be conducted in a manner which does not result in surface erosion of the slope. Site grading and drainage should be

(866) 217.7900 (705) 742.7900

designed to prevent direct concentrate or channelized surface runoff from flowing directly over the slope.

Website cambium-inc.com

Mailing Address

•

The slope should not be steepened in any way with fill material.

P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3

•

Water drainage from down-spouts, rain gutters and the like should not be permitted to directly flow over the slope crest as channelized runoff.

Locations Peterborough Kingston Barrie Oshawa

•

Proposed building foundations should bear on clean, sound bedrock; based on DPT blow counts and visible bedrock outcrops, it is evident that the tableland is comprised of bedrock overlain by a layer of topsoil.

Laboratory Peterborough

•

Where footings are founded on sloped bedrock, the bedrock should either be benched to allow for a flat founding surface, or the footings should be tied into the bedrock by means of doweling.

LIMITATIONS AND REVIEW The above rating parameters assume that the proposed addition will be founded directly on bedrock. The subgrade conditions of the addition should be verified at the time of construction by geotechnical personnel.

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December 13, 2022 CLOSING We trust that the information contained in this report meets your current needs. If you have any questions or comments regarding this document, please do not hesitate to contact the undersigned at (613) 389-2323. Environmental

Best regards,

Geotechnical

Cambium Inc.

Building Sciences Construction Quality Verification

Mackenzie Garrison, M.Eng., P.Eng. Geotechnical Engineer / Project Manager MG/cvn

Telephone (866) 217.7900 (705) 742.7900

Website cambium-inc.com

Encl.

Qualifications and Limitations Photo Appendix Slope Checklist

P:\16700 to 16799\16798-001 Benjamin Sands - GEO - 1003 Island View Ln, Hartington\Deliverables\REPORT - Slope Stability\Final\2022-12-13 RPT Slope Stability - 1003 Island View Lane.docx

Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa

Laboratory Peterborough

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December 13, 2022 CAMBIUM QUALIFICATIONS AND LIMITATIONS Limited Warranty In performing work on behalf of a client, Cambium relies on its client to provide instructions on the scope of its retainer and, on that basis, Cambium determines the precise nature of the work to be performed. Cambium undertakes all work in accordance with applicable accepted industry practices and standards. Unless required under local laws, other than as expressly stated herein, no other warranties or conditions, either expressed or implied, are made regarding the services, work or reports provided. Reliance on Materials and Information

Environmental Geotechnical Building Sciences Construction Quality Verification

Telephone (866) 217.7900 (705) 742.7900

The findings and results presented in reports prepared by Cambium are based on the materials and information provided by the client to Cambium and on the facts, conditions and circumstances encountered by Cambium during the performance of the work requested by the client. In formulating its findings and results into a report, Cambium assumes that the information and materials provided by the client or obtained by Cambium from the client or otherwise are factual, accurate and represent a true depiction of the circumstances that exist. Cambium relies on its client to inform Cambium if there are changes to any such information and materials. Cambium does not review, analyze or attempt to verify the accuracy or completeness of the information or materials provided, or circumstances encountered, other than in accordance with applicable accepted industry practice. Cambium will not be responsible for matters arising from incomplete, incorrect or misleading information or from facts or circumstances that are not fully disclosed to or that are concealed from Cambium during the provision of services, work or reports. Facts, conditions, information and circumstances may vary with time and locations and Cambium’s work is based on a review of such matters as they existed at the particular time and location indicated in its reports. No assurance is made by Cambium that the facts, conditions, information, circumstances or any underlying assumptions made by Cambium in connection with the work performed will not change after the work is completed and a report is submitted. If any such changes occur or additional information is obtained, Cambium should be advised and requested to consider if the changes or additional information affect its findings or results. When preparing reports, Cambium considers applicable legislation, regulations, governmental guidelines and policies to the extent they are within its knowledge, but Cambium is not qualified to advise with respect to legal matters. The presentation of information regarding applicable legislation, regulations, governmental guidelines and policies is for information only and is not intended to and should not be interpreted as constituting a legal opinion concerning the work completed or conditions outlined in a report. All legal matters should be reviewed and considered by an appropriately qualified legal practitioner. Site Assessments

Website cambium-inc.com

Mailing Address P.O. Box 325, Peterborough, Ontario Canada, K9J 6Z3 Locations Peterborough Kingston Barrie Oshawa

Laboratory Peterborough

A site assessment is created using data and information collected during the investigation of a site and based on conditions encountered at the time and particular locations at which fieldwork is conducted. The information, sample results and data collected represent the conditions only at the specific times at which and at those specific locations from which the information, samples and data were obtained and the information, sample results and data may vary at other locations and times. To the extent that Cambium’s work or report considers any locations or times other than those from which information, sample results and data was specifically received, the work or report is based on a reasonable extrapolation from such information, sample results and data but the actual conditions encountered may vary from those extrapolations. Only conditions at the site and locations chosen for study by the client are evaluated; no adjacent or other properties are evaluated unless specifically requested by the client. Any physical or other aspects of the site chosen for study by the client, or any other matter not specifically addressed in a report prepared by Cambium, are beyond the scope of the work performed by Cambium and such matters have not been investigated or addressed. Reliance Cambium’s services, work and reports may be relied on by the client and its corporate directors and officers, employees, and professional advisors. Cambium is not responsible for the use of its work or reports by any other party, or for the reliance on, or for any decision which is made by any party using the services or work performed by or a report prepared by Cambium without Cambium’s express written consent. Any party that relies on services or work performed by Cambium or a report prepared by Cambium without Cambium’s express written consent, does so at its own risk. No report of Cambium may be disclosed or referred to in any public document without Cambium’s express prior written consent. Cambium specifically disclaims any liability or responsibility to any such party for any loss, damage, expense, fine, penalty or other such thing which may arise or result from the use of any information, recommendation or other matter arising from the services, work or reports provided by Cambium. Limitation of Liability Potential liability to the client arising out of the report is limited to the amount of Cambium’s professional liability insurance coverage. Cambium shall only be liable for direct damages to the extent caused by Cambium’s negligence and/or breach of contract. Cambium shall not be liable for consequential damages. Personal Liability The client expressly agrees that Cambium employees shall have no personal liability to the client with respect to a claim, whether in contract, tort and/or other cause of action in law. Furthermore, the client agrees that it will bring no proceedings nor take any action in any court of law against Cambium employees in their personal capacity.

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December 13, 2022 Photograph 1

Environmental

Location:

Toe of Secondary Slope and Tableland

Viewing:

North

Description:

Profile view showing toe of secondary slope, tableland, and crest of primary slope.

Geotechnical Building Sciences Construction Monitoring

Photograph 2 Telephone (866) 217.7900 (705) 742.7900

Location:

Primary Slope Face

Facsimile

Viewing:

North

Description:

Profile view of slope face, bedrock outcrops visible within face.

(705) 742.7907 Website

cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5

Locations Peterborough Kingston Barrie Oshawa

Photograph 3

Laboratory Peterborough

16798-001

Location:

Primary Slope Face

Viewing:

North

Description:

Armourstone and shoreline visible.

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December 13, 2022 Photograph 4 Photograph 4

Location: Location:

Primary Slope Face Back Slope

Viewing: South Viewing: North Description: Primary slope face and crest Description: Existing back slope visible. conditions, Lake visible at the toe to the east and grade raise fill seen at the west.

Environmental Geotechnical Building Sciences Construction Monitoring

Photograph 5 Photograph 5 Telephone (866) 217.7900 (705) 742.7900

Location: Location:

Primary Slope Face Back Slope

Viewing: South Viewing: North Description: Primary slope face visible, toe Description: Closer view of grade raise fill along north property line. adjacent to the existing mobile home structure

Facsimile (705) 742.7907 Website

cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5

Locations Peterborough Kingston Barrie Oshawa

Photograph 6 Photograph 6

Location: Location:

Laboratory Peterborough

Viewing: Viewing: Description: Description:

16798-001

North Property Line Back Slope Shoreline South North Natural slope configuration Slope at the north property towards crest without the fill line indicating bedrock material. outcrops visbile.

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Page 211 of 373

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December 20, 2022

File: MV/FRS/318/2022

Sent by E-mail Ms. Michelle Hannah, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Hannah: Re:

Application for Minor Variance PL-ZNA-2022-0140 (Murphy) (Sands) Pt Lot 1 & 2, Concession 9; 1003 Islandview Lane Loughborough District, Township of South Frontenac Waterbody: Knowlton Lake

Further to our comments dated October 26, 2022, Cataraqui Conservation staff have reviewed the above-noted application for minor variance as well as the Slope Stability and Risk Assessment prepared by Cambium (December 13, 2022) and provide the following comments for the Town’s consideration. Discussion In general, staff are satisfied with the Slope Stability Assessment’s methodology and findings and recommend that the report’s recommendations be implemented through a development agreement registered on title as a condition of minor variance approval. Natural Hazards Erosion: CRCA, in accordance with provincial technical standards, defines the extent of potential erosion hazards to include an allowance for toe erosion (5 metres), a stable slope allowance for till shorelines of 3(h):1(v) (12 metres), plus an erosion access allowance of 6 metres. Therefore, the total erosion hazard allowance has been determined to be 23 metres measured inland from the toe of slope (5 + 12 + 6). Staff note that the existing structure where the addition is proposed is located within the stable slope hazard and access allowance. CRCA Guidelines for implementing O. Reg. 148/06 (Section 5.3.1.2) allow for a site-specific geotechnical investigation and slope/erosion assessment to be completed by a qualified geotechnical engineer to provide a more refined assessment of the erosion hazard limit based on soil depth, bedrock stability and predicted long-term erosion. This process allows for a closer look at the extent of the hazard to determine the level of risk and to apply more specific setback requirements. The assessment must be completed by a qualified professional in accordance with CRCA’s Guidelines for Geotechnical Investigation (Appendix I) and the provincial Natural Hazards Technical Guide for the Great Lakes-St. Lawrence River System. Page 1 of 3

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Ms. Hannah (PL-ZNA-2022-0140) December 20, 2022 A site-specific geotechnical investigation was completed by Cambium (December 13, 2022) which concludes that the erosion hazard limit is considered to be the sum of an allowance for toe erosion (2 metres), an allowance for slope stability (3 metres) and an access allowance (6 metres), measured inland from the toe of slope. The report concludes that the proposed addition will be located outside of the erosion hazard limit and recommends that the following construction mitigation measures be incorporated to further protect the slope from instability:

Construction activities should be conducted in a manner which does not result in surface erosion of the slope. Site grading and drainage should be designed to prevent direct concentrate or channelized surface runoff from flowing directly over the slope.
The slope should not be steepened in any way with fill material.
Water drainage from down-spouts, rain gutters and the like should not be permitted to directly flow over the slope crest as channelized runoff.
Proposed building foundations should bear on clean, sound bedrock.
Where footings are founded on sloped bedrock, the bedrock should either be benched to allow for a flat founding surface, or the footings should be tied into the bedrock by means of doweling. Staff are generally satisfied with the methodology, findings, and recommendations provided in the report. The investigation has provided a satisfactory assessment of the extent of the erosion hazard as it relates to the proposed addition. Staff recommend that the recommendations noted above be implemented through a development agreement registered on title as a condition of minor variance approval. Recommendation CRCA staff have no objection to the approval of minor variance application PL-ZNA-20220140 based on our consideration for natural heritage, water quality, and natural hazards, provided the following: •

That the above construction recommendations numbered 1-5 be implemented through a development agreement to be registered on title.

Ontario Regulation 148/06 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 30 metres of the highwater mark of Knowlton Lake or 26 metres from the toe of slope is subject to O. Reg. 148/06 and will require a permit from our office. Therefore, a permit will be required from our office should the application be approved.

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Ms. Hannah (PL-ZNA-2022-0140) December 20, 2022 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 e-mail at jtreash@crca.ca. Yours truly,

Janelle Treash Resource Planner Cc: Benjamin Sands, Agent

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 9, 2023 Application for Permission to Enlarge Legal Non-Conforming Use (S. 45(2) of the Planning Act) Subject: PL-ZNA-2022-0140, Murphy (Sands), 1003 Island View Lane, Loughborough District

Summary This report recommends that the Committee of Adjustment grant the request for permission to enlarge a legal non-conforming dwelling within 30 metres of the highwater mark under section 45(2) of the Planning Act.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Relief Requested The application is seeking 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 the Knowlton Lake. Related Applications The lands are not subject to any additional applications under the Planning Act. History The Committee of Adjustment deferred making a decision on this subject application at its November 10, 2022, meeting until such time as the shoreline erosion hazard issue raised by Cataraqui Conservation was addressed to the satisfaction of Township and Cataraqui Conservation staff.

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Township of South Frontenac Staff Report - Application for Permission to Enlarge Legal Non-Conforming Use (S. 45(2) of the Planning Act) PL-ZNA-2022-0140, Murphy (Sands), 1003 Island View Lane, Loughborough District

Property Description This one acre (0.4 ha) property is located on Island View Lane and has frontage on Knowlton Lake. The existing 1056 square foot dwelling with 295 square foot attached deck is setback 9.7 metres from the highwater mark. The lands slope gently from the lane to the dwelling. There is a high, steep embankment on the waterside of the dwelling. The dwelling is setback approximately 3 metres from the top of the embankment (i.e. top of bank). Vegetation on the property consists of manicured lawn with several mature trees. The embankment is covered mostly in low-growing vegetation.

Proposal The application is seeking permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of the Knowlton Lake. The enlargement would consist of a 750 square foot second storey addition on a portion of the dwelling that is setback 14 metres from the highwater mark.

Supporting Documentation A Slope Stability Report (Cambium, December 13, 2022) was submitted in support of the application. The consultant assessed the shoreline slope for type of bedrock, angle, and stability. The report concluded that the existing dwelling and the proposed addition would be founded on bedrock and outside the erosion hazard limit that extends 11 metres from the toe of slope. The report recommended the implementation of best construction practices.

Agency Comments Cataraqui Conservation staff, in a letter dated October 26, 2022, recognized that the proposed addition would not encroach closer to the lake than the existing dwelling nor does it expand the footprint of the existing building. They recommended the maintenance and enhancement of a healthy buffer of native vegetation between the dwelling and the shoreline. Although the second storey addition would be no closer to the lake than the existing dwelling, Cataraqui Conservation staff identified that the existing dwelling is within the shoreline erosion hazard. The extent of the erosion hazard was calculated to extend 23 metres onto the property from the shoreline. They noted that there is some evidence of active erosion along the till shoreline and that the depth to bedrock is unknown.

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Cataraqui Conservation provides technical advice on natural hazards to the Township, and they regulate development in areas that may be subject to natural hazards through Ontario Regulation 148/06. Cataraqui Conservation’s guidelines for implementing Ontario Regulation 148/06 do not permit new buildings or structures (including second storey additions) within the erosion hazard, unless it can be demonstrated that the development is not subject to risk. They recommend that a site-specific geotechnical investigation and slope/erosion assessment be completed by a qualified professional to further assess the hazard prior to any approval by the Committee of Adjustment. Cataraqui Conservation reviewed the Slope Stability Report on behalf of the Township. They were satisfied with the findings of the report. They have no objection to the approval of the application, provided the recommendations of the report are adhered to. Written permission will be required from Cataraqui Conservation under O. Reg. 148/06 for the proposed addition, if this application is approved.

Discussion The property is zoned RLSW in Zoning By-law No. 2003-75, therefore the existing residential use is permitted. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law, and it is setback 9.7 metres from the highwater mark of Knowlton Lake. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The Township’s Official Plan, consistent with the Provincial Policy Statement, directs development and site alteration away from lands 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 dwelling is setback approximately 3 metres from the top of the embankment (i.e. top of bank). Therefore, a site-specific geotechnical investigation and slope/erosion assessment was required to demonstrate whether the embankment is stable, and whether it would be safe for the proposed second storey addition to be allowed in the proposed location. The Slope Stability Report concluded that the existing dwelling and the proposed addition would be founded on bedrock and outside the erosion hazard limit that extends 11 metres from the toe of slope. The report recommended the implementation of best construction

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

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practices. Cataraqui Conservation reviewed the report on behalf of the Township, and were satisfied with the findings of the report. The proposed enlargement would consist of a 750 square foot second storey addition on a portion of the dwelling that is setback 14 metres from the highwater mark. Therefore, the addition would be setback farther from the highwater and the top of bank than the majority of the dwelling. The height of the shoreline embankment and distance of the addition from the top of bank, and being farther back than the existing dwelling should help minimize visual impacts when viewed from the lake or properties across the lake. A development agreement is recommended to implement the recommendations of the Slope Stability Report as well as to require the maintenance and enhancement of a healthy buffer of native vegetation between the dwelling and the shoreline.

Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to enlarge the legal non-conforming dwelling on the property as described in this report.

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 November 10, 2022 Public Hearing. This included notice given: • • • •

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2022-0140 for 1003 Island View Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The dwelling may be enlarged by a 750 square foot second storey addition on the portion of the dwelling that is setback 14 metres from the highwater mark of Knowlton Lake. The building height may be increased to 9 metres. The www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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location and dimensions of the addition must be consistent with the application and with the applicant’s site sketch that will be attached to the Decision as Schedule “A”. 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 shoreline of Thirty Island Lake 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. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline, except in the immediate area of the building envelope. d. Preparation and implementation of a shoreline planting plan. The purpose of the plan is to enhance and maintain a healthy buffer of native vegetation between the dwelling and the shoreline of Knowlton Lake. The planting plan must take the form of a drawing showing where the vegetation would be improved along the shoreline to an area between the lake and the dwelling. The plan shall be reviewed and approved by Development Services staff prior to the final inspection for the addition under the Ontario Building Code. The plan shall be implemented within 6 months of the final inspection for the construction approved through application PL-ZNA-2022-0140. It should be noted that this would not preclude the removal of dead or diseased trees. The applicant is encouraged to discuss this with the conservation authority and request assistance from Watersheds Canada or an ecologist. 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.

Report Prepared By: Christine Woods, MCIP RPP, Senior Planner www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Page 222 of 373

Page 223 of 373

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Page 224 of 373

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Page 225 of 373

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Page 226 of 373

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Page 227 of 373

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Page 228 of 373

Page 229 of 373

Page 230 of 373

Page 231 of 373

Page 232 of 373

Page 233 of 373

Page 234 of 373

Page 235 of 373

Page 236 of 373

Page 237 of 373

Page 238 of 373

Page 239 of 373

Pond Hole Lake

Inset Map Inset Map

E AN

ROAD

H RT

D LAKE RO A

KE LOWER ROUND LA

O RE

D R OA

O N

Lacey Lake

3082 ERNIE LANE

Loughborough Lake

3076 ERNIE LANE

PL-ZNA-2023-0007 (LINDSAY & NAKIBECHNY)

3084 ERNIE LANE

Loughborough Lake

3094 ERNIE LANE

Round Lake Legend

Subject Property

Loughborough Lake

Provincially Significant Wetland Wetland

3086 ERNIE LANE

Wooded Area

3066 ERNIE LANE

Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity

3094 ERNIE LANE

IE L ERN

Non-Lake Trout Lake - At Capacity

E AN

Township Boundary

3098 ERNIE LANE

Road Railway

3104 ERNIE LANE

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

ERNIE LANE

Page 240 of 373

4769-4771 JONES LANE

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.

Scale: 1:1,000

12.5

50 m

IVA LAKE RD

UTM Zone 18 NAD 83

Date: 2023-02-23

February 8, 2023

File: MV/FRS/16/2023

Sent by E-mail Ms. Michelle Hannah, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Hannah: Re:

Application for Minor Variance PL-ZNA-2023-0007 (Lindsay & Nakonechny) Pt Lot 25, Concession 6; 3094 Ernie Lane Storrington District, Township of South Frontenac Waterbody: Loughborough Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the demolition of an existing dwelling and two accessory structures, and the construction of a new single-detached dwelling and garage on the subject property. The variance 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 27.6 metres to permit the construction of the new dwelling; Reduce the required rear yard setback from 10 metres to 1.8 metres, and; Increase the lot coverage provisions, as required by Section 10.3.1 of the Zoning Bylaw.

Site Description The property is located on the north side of Ernie Lane on the south shore of the east basin of Loughborough Lake. The topography of the site can be characterized as being relatively low and flat. Currently, the property contains a dwelling and two accessory structures. The subject lands are relatively cleared, with some mature trees scattered throughout the lot.

Page 1 of 3

Page 241 of 373

Ms. Hannah (PL-ZNA-2023-0007) February 8, 2023 The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Limited Service Residential - Waterfront’ (RLSW) in the Zoning By-law for South Frontenac Township. Loughborough Lake is zoned Environmental Protection’ (EP) in the implementing Zoning Bylaw. Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Loughborough Lake. Natural Hazards Flooding: The maximum recorded water level for Loughborough Lake is 125.1 metres geodetic. For Loughborough Lake, the maximum 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) require all development and site alteration to be setback a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and the site plan submitted with the application, the proposed development will be located outside of any area that may be subject to potential flood risk. Erosion: CRCA, in accordance with provincial technical standards, defines the extent of potential erosion hazards for the shoreline associated with Loughborough Lake as the sum of an allowance for toe erosion (estimated to be 2 metres), a stable slope allowance of 3(h):1(v) for till shorelines and a minimum erosion access allowance of 6 metres. For a 0.5 metre high till slope, the erosion hazard would extend approximately 9.5 metres inland from the stable toe of slope (2 + 1.5 + 6). Staff have concluded that the proposed development will be located outside the extent of the erosion hazard limit. Staff have no concerns with the proposal from a natural hazards perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also 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. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2023-0007 based on our consideration for natural hazard policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text).

Page 242 of 373

Ms. Hannah (PL-ZNA-2023-0007) February 8, 2023 Ontario Regulation 148/06 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 Loughborough Lake (the elevation 125.1 m geodetic) or within 18.5 metres of the toe of slope of the shoreline is subject to O. Reg. 148/06. Therefore, a permit will not be required from our office for the construction of the proposed dwelling and garage, however current and future landowners are advised to contact CRCA before considering any work within the regulated areas. 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 e-mail at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner

Page 243 of 373

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 9, 2023 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2023-0007, Lindsay and Nakoneckny, 3094 Ernie Lane, Storrington District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of Loughborough Lake. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion/Analysis Property Description The 0.13ha property is located on Ernie Lane and has approximately 30.5m of frontage on Loughborough Lake and 30.5m of frontage on Ernie Lane. The property contains a 94.5sqm single detached dwelling and two accessory buildings. The property is primarily manicured lawn with several mature trees and gradually slopes down to the waterfront from Ernie Lane. The property is located in an area of similar waterfront residential development. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 244 of 373

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0007, Lindsay and Nakoneckny, 3094 Ernie Lane, Storrington District

Summary of Proposal To request permission under section 45(2) of the Planning Act to enlarge a legal nonconforming dwelling located within 30m of the highwater mark of Loughborough Lake and within the 10m rear yard of the RLSW zone and within the 5m setback from Ernie Lane. The existing 94.5sqm single storey dwelling with attached deck is set back 27.9m from the lake and 4.7m from the rear lot line/Ernie Lane. This building will be replaced with a two storey dwelling that has a 114.7sqm ground floor area and a 145.4sqm gross floor area. The new dwelling will be set back 28m from the lake and 1.8m from the rear lot line/Ernie Lane. The height of the new dwelling will also be increased to 7.5m. The applicant is also proposing to construct a complying 66sqm detached garage and remove the two existing accessory structures on the property. The detached garage also complies with maximum lot coverage for accessory buildings. Agency Comments Cataraqui Conservation staff, in a letter dated December 13, 2022, provided comments stating that they had no objection to approval of the application. They note that the proposed development is located outside their regulated area therefore a permit from the CRCA will not be required for either the proposed dwelling or detached garage. Building Services completed a performance review of the existing septic system and in a letter dated August 23, 2022 advise that the existing septic system can be used for the proposed development. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 27.9 metres from the highwater mark. The existing dwelling is also non-complying with the rear yard requirement of 10m, and the 5m setback required from the surveyed portion of Ernie Lane as it is set back 4m from the rear lot line/Ernie www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 245 of 373

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0007, Lindsay and Nakoneckny, 3094 Ernie Lane, Storrington District

Lane. The existing dwelling also exceeds 5% maximum lot coverage permitted for the primary dwelling as lot coverage is 6.9% for the dwelling. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The proposed dwelling will be constructed in the same location as the existing dwelling and utilize the existing septic system on the property. Regarding lot coverage, the proposed dwelling footprint is slightly larger than the existing dwelling and lot coverage will be increasing from 6.9% to 8.3% as a result of the development. While the footprint is increasing, there is significant overlap in the footprint of the proposed building compared to the existing structure which will minimize the amount of site disturbance and vegetation removal that would be required. The proposed dwelling will be located further from the water compared to the existing dwelling (28m proposed vs 27.9 existing). There is no room on the property to construct a complying structure when considering the 30m water setback and 10m rear yard setback as the depth of the lot ranges from 42m to 47m deep. The dwelling encroaches closer to the rear lot line/Ernie Lane as it is set back 1.84m compared to the 4m setback at the southwest corner of the existing structure. The proposed dwelling is set back 3.1m compared to the 4.8m setback at the southeast corner of the existing structure. It is noted that the travelled portion of Ernie Lane is approximately 3m from rear lot line of the property and that development on adjacent properties is also similarly set back close to the lane. The proposed dwelling will be setback an adequate distance from the lane to ensure it is not a hazard for the users of the right of way and that there is adequate room to allow for parking and for traffic to pull off the road if necessary. There will be adequate room to park additional vehicles on the property without encroaching on the right of way. The existing dwelling is 1 storey in height, the proposed building is two storeys and the building height will increase to 7.5 metres which is within the maximum permitted height of the RLSW zone. Maintaining existing vegetation along with the recommended additional plantings will assist in screening the development from adjacent properties and help mitigate any visual impacts when viewed from the water. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report.

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

Page 246 of 373

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0007, Lindsay and Nakoneckny, 3094 Ernie Lane, Storrington District

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:    

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2023-0007 for 3094 Ernie Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The replacement dwelling is permitted to have a 114.7 square metre ground floor area and a 145.5 square metre gross floor area, and a maximum 7.5m building height, consistent with the submitted plans (NBS Design Group, dated September 26, 2022) that will be attached to the Decision as Schedule “A”.
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 shoreline of Loughborough Lake 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. Preparation of a shoreline remediation plan. The purpose of the plan is to create and enhance the natural vegetative buffer within at least 15 metres of the highwater mark of Loughborough Lake. The plan shall be reviewed by the Township prior to the issuance of an occupancy permit under the Ontario Building Code. The plan shall be implemented within 6 months of an occupancy permit being issued for the dwelling approved through application PL-ZNA-2023-0007. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 247 of 373

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0007, Lindsay and Nakoneckny, 3094 Ernie Lane, Storrington District

A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac. Report Prepared By: Tom Fehr, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 248 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE OR PERMISSION (s. 45(2))

Updated January, 2023 The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by-law or permission under s. 45(2) to alter a legal non-conforming use. The Committee may vary Zoning By-law provisions provided the Committee is of the opinion that the variance:    

Is desirable for the appropriate development or use of the land, building or structure Maintains the general intent and purpose of the Official Plan. Maintains the general intent and purpose of the Zoning By-law. Is minor in nature

The Committee may grant permission to enlarge or extend a structure or alter the use of the lands where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law. Application Requirements

It is required that one (1) copy of this application be filed with the Secretary-Treasurer of the Committee of Adjustment, together with the sketch, accompanied by a non-refundable fee in accordance with the chart below in cash, or by debit card, credit card or cheque made payable to the Township of South Frontenac. Application Type: 1-3 Variances 4+ Variances After building without a permit

Planning Fee: $999.00 $1,370.00 $2,082.00

Building Admin Fee: $97.00 $97.00 $97.00

TOTAL: $1,096.00 $1,467.00 $2,179.00

It is required that a Fee be provided for the Township to review onsite sewage disposal and Conservation Authority (where applicable) when submitting an application (Separate cheques, payable to the applicable Conservation Authority, are to be submitted with the application). Township of South Frontenac Minor Variance Only Minor Variance WITH Performance Review Minor Variance in combination with a new Class 2, 3, 4, or 5 sewage system other than a Class A system

$463.00 $720.00 $1,183.00

Cataraqui Region Conservation Authority

$445.00

Quinte Conservation Authority

$450.00

Rideau Valley Conservation Authority

$410.00 1 Page 249 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Please Note: These fees are for consultation on this application only; these agencies may require additional permit applications and fees prior to any construction.

PLEASE READ THIS ITEM CAREFULLY Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.
Collection of Personal Information Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., K0H 2T0, Phone 376-3027 ext.2224).

2 Page 250 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Date Received: _________________________ Pre-Consultation for this application

Yes

File No: _________________________ No

Planner: ___________ 1.

Name of Owner(s Full Mailing Add

Phone number of Owner(s): Email Address of Owner(s):

If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application. Name of Authorized Agent: ______________________________________________________ Full Mailing Address of Authorized Agent: _________________________________________

Phone number of Authorized Agent: _______________________________________________ Email Address of Authorized Agent: _______________________________________________ Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Signature(s) of Owner(s)

The description of the subject land: District:

Bedford

Portland

✔ Loughborough

Storrington

5 6 Retreat Lane 1251 Street Number: _________________ Name of Road/Street: ___________________________ 13R3276 5 Reference Plan Number: ______________________ Part Number(s): ____________________ 040010129000000 Roll Number: _________________________________________________________________ Concession Number: _____________________ Lot Number: _____________________

3 Page 251 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

The frontage(s), depth and area of the subject land.

44.2m

Frontage (on water):__________________

133.2m

Depth: ___________________________ 5.

16.1m 2599.2 sq/m Area: _______________________________

Frontage (on road/lane): ___________________

The current zoning of the subject land:

RLSW

The nature and extent of the relief from the Zoning By-law:

requires zoning relief to allow us to build deck on home.

The decking on the home, as proposed, is over the 5% rule for this lot.

The reason why the proposed use cannot comply with the provisions of the Zoning By-law:

Does the subject property front on a municipally maintained road? OR a privately maintained road?

✔ Yes

Yes

✔ No

Name of Road/Lane:

Retreat Lane

If access to the subject property is by water only, please indicate the parking and docking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road.

What are the existing uses of the subject land?

residential use

Please indicate whether there are any EXISTING buildings or structures on the subject land. (I.e. residence, garage, shed, etc.)

✔ Yes

No 4 Page 252 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

If the answer to item 11 is yes, for EACH building or structure indicate: (1) Type of Structure (E.g. residence) shed

(2)

(3)

(4)

5m Setback from Front Lot Line 128.2 Setback from Rear Lot Line 11.4m Setback from Side Lot Line 8 ft one story Height of Building (Also indicate if it is one story or two story)

7 ft x 7 ft Dimensions of Floor Area

Setback from High Water Mark (If applicable)

The proposed uses of the subject land:

residential

Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED to be built on the subject land?

✔ Yes

5 Page 253 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

If the answer to item 14 is yes, for each proposed addition, building or structure indicate: (1) Type of Structure (E.g. residence) Residence

(2)

(3)

(4)

Deck

56 m

52.57m

63.4m

51.49m

3.23m

Setback from Front Lot Line

Setback from Rear Lot Line

Setback from Side Lot Line 2 story Height of Building 7.01m

N/A

(Also indicate if it is one story or two story)

11.9x9.5 m

9.5x3.43m

11 m

7.57m

Outside Dimensions of Building/Structure

Setback from High Water Mark (If applicable) NOTES: 1) If the subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same. 2) The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

Do your plans include any DEMOLITION of existing structures?

Yes

✔ No

If yes, please provide details:

6 Page 254 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Do your plans include the RAISING of an existing structure?

Yes

✔ No

If yes, please provide details:

What are the uses of the proposed development? (a)

Increase in number of bedrooms

Yes

✔ No

(b)

Increase in plumbing fixtures

Yes

✔ No

(c)

Increase in living space

Yes

✔ No

(d)

Will the addition or structure encroach on the existing septic system?

Yes

✔ No

The date the subject land was acquired by the current owner:

2010

The date the existing buildings and structures were constructed on the subject lands:

shed-unknown, residence-to be built spring 2023

The length of time that the existing uses of the subject land have continued:

Indicate whether water is provided to the subject land by a publicly owned and operated piped water system, a privately owned and operated individual or communal well, a lake, or other water body, or other means:

personal well

Indicate whether sewage disposal is provided to the subject land by a publicly owned and operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means:

privately owned sewage system

Is storm drainage provided by sewers, ditches, swales or by other means?

N/A

7 Page 255 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Please indicate whether the subject land is subject of an application under the Planning Act for approval of a Plan of Subdivision or Consent. Yes

✔ No

If the answer to question 25 is yes, please give the file number of the application and the status of the application.

If known, please indicate whether the subject land has ever been the subject of an application under Section 43 of the Planning Act (Minor Variance). Yes

✔ No

If the answer to item 27 is yes, please give the file number of the application and the status of the application.

A SKETCH must be submitted showing the following: i)

THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE.

ii)

The boundaries and dimensions of the subject land including the location of any existing and proposed buildings.

iii)

The location of a reference point……i.e. distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing.

iv)

The location of all abutting (neighbours’) lands.

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property lines.

**Note: ** The distances to on-site and abutting owners’ wells, septic fields and barns, from the property to be varied, IS REQUIRED to be shown. The SKETCH is of significant importance and should be prepared as carefully, neatly and accurately as possible.

8 Page 256 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended AGREEMENT TO INDEMNIFY Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee. The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development. The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application. Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application. The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days, The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

Page 257 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

A Guide to Completing the Minor Variance Form

The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.
You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and phone number should appear here All owner’s must sign the authorization.
Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. If the numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill c. Street Number: Your civic address – if a civic number has not been assigned, leave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.
Frontage, depth, area, acres: All parts of this question must be completed.
Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.
Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance – for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.
Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure that is already too close to the water, or that developing further from the water would be impossible because of a steep embankment.
Roads: Municipally maintained roads are looked after by the Township; private roads are lanes that residents maintain themselves (not private driveways, but lanes that provide access to your property and that are generally shared with others).

10 Page 258 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Parking and Docking: This question is only relevant is you can only access your property by water.
Existing Uses: e.g. residential, retail business, vacant recreational land
Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.
Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.
Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential”
Proposed structures: If you are planning to build ANYTHING on the property, the answer to this question is “yes” – This includes additions, decks, garages, septic systems.
Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.
Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.
Raising of Structure: In other words, are you proposing to raise the building in order to construct a basement under it.
Uses of Development: Please answer each part of this question. An increase in living space would include anything with walls – e.g. a screened porch would involve an increase in living space.
Date land acquired: When did you take possession of the property?
Date of existing buildings: If you are not sure, provide your best estimate.
Length of existing uses: For example, has the land been used for residential purposes for 30 years, or 18 months?
Water supply: in most cases the answer will be private well, but some waterfront properties take their water from a lake. 11 Page 259 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Septic: in most cases the answer will be private sewage system, but there may be some privies.
Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?
Application for consent: Is there currently an application for consent (severance) being proposed for the property?
If yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)
Minor variance: Has there ever been a minor variance granted on the property? If you are longtime owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by-law. If you are a new owner, the seller will probably have made you aware of this.
If yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.
SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.
Agreement to Indemnify: Must be signed in front of a commissioner of oaths – you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.

12 Page 260 of 373

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Page 262 of 373

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¥ PL-ZNA-2023-0015 (BUCHANAN)

Sydenham Lake

1251 RETREAT LANE Legend Subject Property Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity Township Boundary Road

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Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022. 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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Date: 2023-02-08

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 9, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0015, Buchanan, 1251 Retreat Lane, Loughborough District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for a deck attached to a single detached dwelling, 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, Environmental Protection Zoning: Limited Service Residential – Waterfront (RLSW) Zoning Relief Requested Sections 10.3.1 – to permit lot coverage for the principal building to be 5.6% where the RLSW zone permits a maximum of 5% for the principal building. Related Applications A building permit application has been submitted for the dwelling. The lands are not subject to any additional applications under the Planning Act.

Discussion Property Description The property is 0.26ha in area and has 44m frontage on Sydenham Lake. The property is accessed by Retreat Lane. The property is currently vacant with the exception of an accessory building near the water. The property is narrow at the back and widens as it extends towards the water. A slope extends down to the shoreline from the approximate

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

Page 265 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0015, Buchanan, 1251 Retreat Lane, Loughborough District

middle of the property. The property is primarily treed. The property is located in an area of similar waterfront residential development. Summary of Proposal The Owner proposes to construct a 32.6sqm deck attached to a 113.2sqm single detached dwelling. With the attached deck the lot coverage of the principal building on the property will be 5.6%. A minor variance is being requested to allow the principal building to exceed 5%. The proposed development complies with all other zoning requirements. Agency Comments No agency comments were received 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. 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 variance would facilitate construction of a deck attached to a single detached dwelling on lands that are designated Rural in the Official Plan on Schedule A. The development complies with the minimum required setback from the highwater mark, as intended by section 5.2.7(b) of the Official Plan. The property has a steep shoreline. 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 will be located 26m from the top of bank which exceeds the minimum required setback from the top of bank. The proposed variance maintains the general intent and purpose of the Official Plan related to waterfront residential development, and development adjacent to environmentally sensitive areas.

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

Page 266 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0015, Buchanan, 1251 Retreat Lane, Loughborough District

Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed deck attached to the single detached dwelling is a permitted use in the RLSW zone. The proposed deck complies with all requirements of the Zoning By-law except the maximum permitted lot coverage of 5% in the RLSW zone. The single detached dwelling currently complies with maximum lot coverage, however the addition of the attached deck will result in lot coverage being 5.6%. The development is set back far from the water, located at 56m from the water and 26m from the top of bank. The proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The development is located well back from the highwater mark and top of bank. The dwelling will be visually screened from the water and adjacent properties by existing vegetation. The increase in lot coverage to facilitate the development of the attached deck is reasonable. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law and is desirable for the appropriate development of the land. The proposed dwelling will satisfy all performance standards of the existing zoning with the exception of maximum lot coverage for the principal building. The minor exceedance in lot coverage ensures that the development will have no impacts on surrounding properties and is consistent with the uses in the surrounding area.. The requested variance is minor in nature.

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

Page 267 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0015, Buchanan, 1251 Retreat Lane, Loughborough District

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0015 for 1251 Retreat Lane, subject to the following conditions.

The minor variance is for a 32.6sqm deck attached to a 113.2 single detached dwelling. Lot coverage for the principal building is permitted be 5.6%. The location of the dwelling on the property must be consistent with the application sketch submitted by Troy Buchanan dated November 30, 2022.
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 shoreline of Sydenham Lake 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. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline.
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.
Minor variance PL-ZNA-2023-0015 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, MCIP RPP, Senior Planner

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

Page 268 of 373

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/C7650“?

was

space

acquired

living

plumbing

number

proposed

FRONTENAC R.S.0. Act,

RAISING

addition existing

the

details:

the

SOUTH Planning

buildings

land

the

Increase

(b)

Increase

uses

(B)

the

provide

include

Pool I/xouje. lgrtig ¥1a%I im{e‘/tza2E a;s‘é°sAof eaéigtionlg ?=°r’§‘gt%I‘§i ?ll:guéject $1-fer the

.The

The

What

plans please

are

your

If yes.

TCVVNSHIP

Page 275 of 373

If known. please under Section

27,

*“Note:

“”’

SKETCH

must

boundaries proposed

SKETCH

item

and

distances The to property importance

wells lines.

watercourses,

and

septic

approximate that

The the land

location

The

yes.

and

line

abutting

lot

Nil

should

the

?le

subject

(neighbours’)

and abutting REQUIRED be prepared

ever

the

subject

application

the

including

THE

between or bridge

land

o f

location

subject the buildings.

ra il wo w ode d a y s. signi? cant as

barns,

applicant’s

wetlands,

the

PA GE. THE

land subject crossing.

the

railway

the

TOP

and ?elds septic owners‘ wells. is SKETCH The be shown. accurately and carefully. neatly as to

and

Planni ng

VARIANCE

Ucxi <‘ILCi7“L/S,/\7P’/Ur-=1

been

under

MINOR

features arti?cial and include land. Examples or bams. stream banks. from features these of

lands.

FOR

amended

application

number

has

file

ARROW

following:

the

NORTH

8°!

give

Variance).

land

the

P13

. . . . ..l.e. distance point as a landmark such

subject

(Minor

give

1:.

APPLICATION

subject

natural of all the subject river ditches. distance Show

on—site

varied.

tanks.

drainage

location adjacent

all

HAVE

showing

22-

reference

buildings.

the Act

please

Consent.

R.S.O.

land

please

yes.

Act,

FRONTENAC

dimensions

A-0

Planning

MUST

whether

submitted

indicate the of

of location The township nearest

The and

THE

answer If the the application.

EZlYes

the of the

answer to application.

SOUTH Planning

the subject Subdivision

question

whether Plan of

‘:lYes

indicate

25.Please approval

TOVVNSHIP

Page 276 of 373

Page 277 of 373

B RADDEN LANE

Inset Map Inset Map

Horseshoe Traverse Lake Lake

AD H AR R IS RO

A RO

STAFFORD

UM NE LA

PL-ZNA-2023-0016 (MORGAN) (DICK)

JOES

LANE

Dog Lake

E AC PL G N YI RR AD RO

U DE D A

IL TR

Cranesnest Lake

NT UR

HI LL

T BA

BEACH LANE

T ER S R OA EA D

CRANES NEST LANE

LA R NE RO I A

Little Cranberry Lake

Leo Lake

Cranberry Lake

5323 CRANES NEST LANE Legend Subject Property Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity Township Boundary Road Railway

LANE C RAN E S NEST Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

Page 278 of 373

Cranesnest Lake

Scale: 1:2,500

100 m

UTM Zone 18 NAD 83

Date: 2023-02-09

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 9, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0016, Morgan/Dick, 5323 Cranes Nest Lane, Storrington District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for an addition to a detached garage, 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 Sections 5.24.1 – to permit the total lot coverage for accessory buildings to exceed the lot coverage of the existing principal building. Related Applications A building permit application has been submitted for the garage addition. The lands are not subject to any additional applications under the Planning Act.

Discussion Property Description The property is 3.3ha in area and has 125m of frontage on Crane’s Nest Lake. The property is developed with a single detached dwelling and numerous accessory structures including a detached garage, pool house, boat house, and several sheds. The property is accessed by Crane’s Nest Lane which runs across the property; the existing development is located south of the lane and the north portion of the property is vacant and wooded. A slope www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 279 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0016, Morgan/Dick, 5323 Cranes Nest Lane, Storrington District

extends down to the shoreline from the rear of the property. The property is primarily treed with the southern area of the property containing the existing development being cleared. The property is located in an area of similar waterfront residential development. Summary of Proposal The Owner proposes to construct a 62.1sqm addition onto an existing 78.5sqm detached garage. A minor variance is being requested as the lot coverage of accessory buildings on the property exceeds the lot coverage of the existing principal building (single detached dwelling). The area of the single detached dwelling is 164.8sq and the total area of all accessory buildings is proposed to be 395.2sqm. The proposed development complies with all other zoning requirements. Agency Comments The application was circulated to the CRCA who stated that the proposal is outside their regulated area. They have no concerns with the application. Public Comments No comments were received from the public at the time of the writing of this report. 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 subject property is designated Rural on Schedule A of the Official Plan. The proposed addition to the detached garage would be an accessory use to the permitted, existing residential use of the property. The garage addition would be setback more than 30 metres from the highwater mark of Crane’s Nest Lake, as required by section 5.2.7(b) of the Official Plan. The proposed variance maintains the general intent and purpose of the Official Plan related to residential development, and development adjacent to environmentally sensitive areas. Does the variance maintain the general intent and purpose of the Zoning By-law?

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

Page 280 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0016, Morgan/Dick, 5323 Cranes Nest Lane, Storrington District

The addition to the detached garage is a permitted use in the RLSW zone as an accessory use. The proposed addition complies with all requirements of the Zoning By-law except the lot coverage provisions for accessory buildings. The Zoning By-law permits a maximum 5% total lot coverage for all accessory buildings on a property and requires that this lot coverage not exceed that of the principal building. The intent of this provision is to ensure that the dwelling remains the focus of a residential property, and that the property is not overcrowded with buildings. The subject property is 3.3ha in area and the lot coverage of the primary building is 0.5%. The lot coverage of the existing accessory buildings is 1.0%. The proposed addition to the detached garage would further increase the lot coverage of accessory buildings to 1.2%. While the lot coverage of accessory buildings exceeds the lot coverage of the primary building, lot coverage for accessory buildings is still well under the maximum permitted 5%. Additionally, while the total footprint of all the accessory buildings is greater than the lot coverage of the principal dwelling, the expanded detached garage would still have a smaller footprint than the dwelling. Permitting a greater total lot coverage for accessory buildings would not result in an overdeveloped appearance of the property. The proposed variance maintains the general intent and purpose of the Zoning By-law. The proposed accessory building and the existing accessory buildings are uses associated with the permitted residential use of the property. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The location of the proposed addition to the detached garage complies with all required setbacks. The garage addition is visually screened from both the lake and/or the road by both distance and existing tree cover and will be similarly screened from adjacent properties. 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.

Page 281 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0016, Morgan/Dick, 5323 Cranes Nest Lane, Storrington District

   

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0016 for 5323 Crane’s Nest Lane, subject to the following conditions.

The minor variance is for a 62.1sqm addition onto an existing 78.5sqm detached garage. The total lot coverage of all accessory buildings on the property is permitted to exceed that of the principal building as per the submitted sketch (dated January 20, 2023) attached to the Decision as Schedule “A”.
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 shoreline of Crane’s Nest Lake 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. That existing natural vegetation within 30 metres of the shoreline be maintained.
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.
Minor variance PL-ZNA-2023-0016 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Tom Fehr, Planner

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

Page 282 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0016, Morgan/Dick, 5323 Cranes Nest Lane, Storrington District

Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 283 of 373

m8o.u

Page 284 of 373

Page 285 of 373

and ss./H—\

why

I5‘.Sr~s PFQ

9‘¥.(n4

4-,,

reason

semi;

are

Please indicate (Le. residence,

the

nearest

used

area

Act,

S"-:_:.é(

proposed

Ciao cannot

s|vua.a<.-

use

subject be public to

Yes

garage,

whether

\omd

there shed,

uses

etc.)

are

the

/No

and

Zoning on

any

Yes _ »

EXISTING

land?

by water approximate

maintained

buildings

only, please distance

|:|No

(:36

the

from

parking

the facilities

structures

indicate these

road’?

Zoni ng

cs=.r a.>". n —. <;Qc5‘.

5F-lvf. rose’ at/\

’n$’*7ng _<7zHo<>.

provisions

/.’n_o.

t».c{s"<»r~3sddoauéf

with

WKHA

comply

rvto./Ic

194-

By—law: \r\4¢5‘f‘

-1..)

. 0’-1

VARIAN CE

-Pi arcs

MINOR

road/la?e):

FOR amended

‘om,

(on

Area: Q ‘ mi)-HrxI oo5\nuu-

municipally

subject

the

Df.ve, property

used road.

?o‘v¢‘T\

existing

the

front

maintained road?

property

\ok

P.13

Frontage

land.

APPLICATION 1990,

*4-. *n’§1«\u..,<>.v_/ /ATr’HcH:=»9)

. covvxolq \ .«‘r\o/1‘ wxxx n.>- V’¢¢xM.¢l§,.. uu}

the

Dwax

subject

-7364

the

R.S.O.

FRONTENAC

relief from the o£‘the n4_<>..rlc we’./1;-gr Wye. cg.‘ 9.5-

s_e;(~be:.c.lr_

91:3 save

extent —o-o

Road/t__ane:

privately

(been

if access facilities and the

What

“H: subject

57-l-one,

Name‘

the

Du-a_,

the

and

SOUTH Planning

@..e|L4/,t‘V|0rL

rrent

nature

water):

depth

f‘‘
SD \« —d£pU/
r 1 -«~gz..; zc?nFing°of subjectT;nd:

cuwxazr

D\L;nJ~J«l)f\§

The

-.Does

The

area

The

Depth:

(on

frontage(s),

Frontage

The

TOVVNSHIP

Page 286 of 373

story

indicate

ight

from

1 4.Are

any

bui built

proposed

Residential

1 3.The

ing(s) on the

uses

High

one

ding Is

story)

Area

Line

from

Line

from

Line

from

VVater Mark applicable) (If

Setback

tvvo

Lot

Setback Side

Dirnensions Floor

(Also

Lot

Rear

Setback

Front

Structure

answer

residence)

the

Setback

Type (E.g.

TOWNSHIP

yes,

subject

\3u§

the

1 1

SOUTH

Planning

/ Yes

structure(s), or land? subject

‘

(1)

item

additions

|:No

Si-«elk.

(2)

EACH

land:

for

FRONTENAC R.S.O. Act,

p.13

existing

-§5.1v;I\3

building

1:.

APPLICATION

1990,

FOR amended

buiIding(s)

\r\o1\4.<._

(3)

structure

indicate:

MINOR

5tru<:ture(s).

(4 )

VARIANCE

Page 287 of 373

If the

Lot

Line

from

Line

from

Line

frorn

Building

Mark

from

your

please

plans

5’“

(V\

2,25

for

each

provide

include

3218‘

/‘

(g.

NJ]

details:

any

DEMOLITION

on relate

mark

existing

building.

and

5’n»t

M/9

‘3§rvu

5”‘

§eP>~‘e

(3)

private be will to the

the

setback

structure

VARIANC E

Yes

CONSTRUCTION

same.

N$VV

the

MINOR

lane,

FOR amended

building

structures?

addition.

APPLICATION c. P.13

1990,

lq’PPro)"

(2)

proposed

FRONTENAC R.S.O. Act,

is on waterfront, from the high water this required in question total size of cornpleted the

setback

property

—2’' ‘<‘V\

If subject lot line and the 2) The dimensions and the NOT to

If yes,

yes.

store

;§’

,, 2|

U.)

C90‘

7’-1 L4

(0 -S

s}dL ~\dr I: AAJXIZI Qeafé 1) the NOTES:

Vvater applicable)

Setback

High (If

SOUTH Planning

R€S1d€J’C9-/

(1)

item

:24", £13.. s..;:,;’"*=

Outside Dimensions Bu dinglstructure

‘ AI

Height

(\n‘.-\«\t.,o.+t..:,..4u,)

Side

Setback

~WL\

Rear

Setback

Front

answer

Structure residence)

Setback

Type (E.g.

TOVVNSHIP

Page 288 of 373

The

r()

existing

time

that

the

rxq

buildings

water a privately means:

sewage

whether

other

existing

sewage system, means: a

drainage

\BH—c)r,e_ S‘

storm

provided

?xtures

bedrooms

structures

provided owned

ditches,

<-aplixc sewers,

the

existing

swales

0.L..«.)

have

other

VARIANCE

communal

publicly

and

subject

own ed

rate lake,

ope

lan ds:

J25 “,

:|No

\Os)‘~.A

well,

owned

means?

communal

the

continued:

:|Yes

Yes

ZYes

land individual

a or

land

MINOR

/\ov\«~e

FOR amended

publicly

owner:

Ix)

the subject operated

S-gs}

structure?

p.13

constructed

land individual

subject

were

current

encroach

and

the subject operated

/vdi

and

the

system?

structure

uses

APPLICATION

1990,

development?

\o1\r\3§

privately

disposal

provided owned

septic

and

\D)\

201

was

existing acquired

living

plumbing

number

space

RAISING

FRONTENAC R.$.O. Act,

proposed

addition

the

details:

the

_g2r_1yA?;L\4 owvuzd

privy,

Indicate operated

SOUTH

Planning

PQ1CJ~I\cL§.@

whether

land

the

1 7th,

subject

e\c1S?"

the

system, other or

r(;vL,

length

date

the

Increase

(b)

‘°’

Increase

uses

(a)

the

provide

include

oouvx {r‘vr\vod’e,\1

body,

water

Indicate

The

February

date

The

plans please

are

your

yes,

What

TOWNSHIP

Page 289 of 373

Yes

**Note

If known, please under Section

approximate

The

The the

distances

and

importance

property

The

lines.

wells

watercourses.

and

septic

that

location

nearest

land

location ofa township

The

MUST

yes,

the Act

HAVE

abutting

should

varied.

on-s’te

tanks.

(neighbours’)

and abutting REQUIRED be prepared

all natural of the subject to river ditches, distance Show

location drainage

landmark

the

?le

lands.

distance a

the

including

THE

been

betvveen bridge or

land

number

ever

number

the subject buildings,

ga ni s ? c a nt

of s, si

barn

applicant’s

wetlands. the

an d

Pl an ni ng

subject la crossing. n

location

?elds and wells, septic be shown. The is SKETCH carefully. neatly and accurately owners’

THE

subject

the

the railway

the

VARIANC E

application

the

under

MINOR

TOP

FOR amended

application

and arti?cial features land. include Examples or stream banks, barns, these of features from

such

subject

?le

has

ARROW

following:

the

NORTH

point…..

line

land

the

Variance).

give

subject

APPLICATION P.13 c.

1990,

I3—o€"*S

give

lot

showing

l\«uI~—

subject (Minor

please

reference

adjacent

all

land Consent.

please

yes,

FRONTENAC R.S.O. Act,

and dimensions buildings.

boundaries

whether Planning

submitted

proposed

fse‘/‘5

The and

must

item

indicate the of

SKETCH

gym

THE

SKETCH

GA?

answer If the the application.

X,‘/es

If the the

SOUTH Planning

the subject Subdivision

question

whether Plan of

answer to application.

ofa

indicate

25.PIease approval

TOVVNSHIP

Page 290 of 373

Page 291 of 373

the

appoint

address

appear the full

Completing

—

number

Minor

should

behalf

section, address, your

the

APPLICATION c. 1990, P.‘l3

th’s in mailing act

FRONTENAC Act, R.S.O.

someone and phone

come

acres: All

You be not may pre-consultation in for

area,

Reason could

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

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

and

you

zoning:

depth,

water water front

Nature variance

should

owners

Guide

must be

SOUTH

Planning

appear

the here

ate postal

separ

VARIANC E

variance All owner’s

live with

Form

MINOR

they

complete during

even

FOR amended

Variance

aware

parts

this

with

ofthe

zoning planning

question

other you

are

shared

roads (not

private

can

after driveways,

variance developing

why

others).

looked

seeking or that

words.

with

are

the water, embankment.

further

not

meet add

that

this

the

requ ired an

private provide

the

do to than within buil ding

from

accessory

a an

the Township; but lanes

you

asking rather structure

are

and

completed. property

you

on your staff.

must

Subject Land: The Districts the the are same as former Townships. ar If you the roll number (the long number beginning with 1029) on tax bill. e your 020 010, or district is the 030, your numbers are Bedford; if 040-050, Loughborough: numbers are or If the 060 district Storrin 070, is your gton; numbers are 080, district is Portland. your Concession and Lot Numbers: are if you not sure, check bill tax your Street Number: Your civic address civic number has not been if a ass ig blank. space ed. Name This of Road/Street: whether question applies or not are on you road. a public Reference Plan No: has been If your surveyed. it will have property a one or more on that has parts plan. not been If your property surveyed. blank. Roll No: This is the number beginning with which ‘1029’ on appears yo ur take time to look it up submit ing the before application.

wish name,

all

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

Current

when

b. c.

Frontage,

address(es)

Description of District: a.

You may person’s authorization

names

the

The and

TOVVNSHIF’

Page 292 of 373

Length years.

Water their

All

under

acquired:

and

ANY

in a

uses:

lake.

most

the is

on not

cases

did

For the

clear

e.g.

are

not

take

answer

exarnple,

are

you

—

answer

walls

If you

Please with

will

has

sure,

that

screened

part

the

private

land

provide

proposing

clear

possession

each

from

new dwelling,

the

sections please

raise

add

building

your

the

well,

been

but

used

must

some

for

d. in

departme nt. wi th of ou resid t ence, involve

deck,

a n d ” ,

t as h const ructle

increase An involve an

building

your

waterfront

residential

estimate.

the

property? best

demolition

property, systems.

add

the

t h e

of this describe

now.

access

VARIANCE

accomplished the beginning

this question. would porch

there

the be

on septic

development and

ANYTHING garages,

height cannot the Committee

permit

permission

you

land

only

property

can

MINOR

be the same question will you and planning are would be recreational “vacant

build decks,

vacant,

this

must

You deck

you

FOR amended

recreational

all complete dwelling, your

vacant

relevant

structures

ALL proposed addition to

granted made not

words,

are

“residential"

section

requires increase or

made

have

you

other

you

only

APPLICATION c. 1990, P.13

business,

planning additions,

in be

answer currently

structures: there is

buildings

retail

FRONTENAC R.S.O, Act,

question

are If you includes

When

buildings:

months?

existing

it.

anything

Development:

This

construction: construct columns.

demo!‘

This

although

because

Structure:

that.

supply: water from

20)Date

land

19)Date

new

—

proposed walls. If this

include

property.

separate

“yes"

structures:

of proposing

18)Uses would space.

are

buildings

SOUTH

Planning

residential,

Uses: Generally, the example, land use to be described section 13 would in

17)Raising basement a

find

your

If there “yes".

e.g.

Docking:

residence.

of may

existing

instances.

Demolition:

are you information

Description

Proposed question

but if, for then the described

Proposed

Description structure the from

Uses:

and

actually

Buildings:

question

Existing

Parking water.

TOVVNSHIP

Page 293 of 373

Drainage:

most

SKETCH:

there

has

stress

known,

been

a what

and

Must the

the

system,

for

consent

detailed,

deal

there

the

with

may

VARIANCE

(severance)

can

sioner

professional dimensions accepted.

a a

any

comm application it or

with show be not oi:

granted

but

MINOR

subdivision or information)

front of the sign application,

importance contract

FOR

amended

constructed

oaths of front of signed

and

accurate,

property? on the other special p er the seller pro new owner, will m babl y is si on the granted pl property, o ea the variance of were. n

variance be aware

variance the details

signed

application, must sign

application

been

sewage

for severance this provide

have

private

APPLICATION P.13 1990, C.

a minor probably are If you

help

been

can will by—law.

you

ever

that

currently

application

there

ditches

enough the necessarily need to drawn are not to scale, (PLEASE RULER), USE A

property, the zoning

Has

cannot do not

that neatly

will

FRONTENAC R.S.O. Act,

answer

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

this

the

number

there

sketch. You but sketches drawn not

If yes: application

this.

aware of

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Dog Lake

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Brewer Lake

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4110 STONE POINT DR

PL-ZNA-2023-0017 (DOERKSEN) (TOLLES)

Cataraqui River (Rideau Canal)

STONE POINT ROAD

Dog Lake

4107 STONE POINT DR

Legend Subject Property Provincially Significant Wetland Wetland Wooded Area

4101 STONE POINT DR

Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity S POINT DR

Non-Lake Trout Lake - At Capacity

4087 STONE POINT DR

Township Boundary Road Railway

4075 STONE POINT DR

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022. 4044 STONE POINT DR

Page 295 of 373

STONE POINT DR

Scale: 1:1,500

ST O

NE P

4041 STONE POINT DR

12.5

50 m

O IN TR OA D

UTM Zone 18 NAD 83

Date: 2023-02-13

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 9, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0017, Buchanan, PLAN 1951 LOT 36 DOG LAKE;MAPLE HILL (102906004011749), 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: Residential (R) Zoning Relief Requested Section 5.8.2(a) – to permit a single detached dwelling to be a minimum of 22.5m from the highwater mark of Dog Lake, whereas a minimum 30m setback is required for all buildings and structures. Section 5.8.2(a) to permit a septic system to be a minimum of 15.5m from the highwater mark of Dog Lake, whereas a minimum 30m setback is required for all buildings and structures. Related Applications The property is subject to minor variance decision MV-13-05-S which approved a dwelling on the property to be constructed a minimum of 24.5m from the highwater mark and 6.5m from the front lot line.

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Page 296 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0017, Buchanan, PLAN 1951 LOT 36 DOG LAKE;MAPLE HILL (102906004011749), Storrington District

Discussion Property Description The property is 0.82ha in area and has 187m frontage on Dog Lake and 203m of frontage on Stone Point Road. The property is narrow with the deepest point of the property measuring approximately 57m. The property is currently vacant and is primarily treed and contains a number of rock outcrops. The property is located in an area of similar waterfront residential development that is part of a registered plan of subdivision. Summary of Proposal The Owner proposes to construct a two storey single detached dwelling and a septic system on the property. The dwelling will have a ground floor area of 137.4sqm including attached deck and a gross floor area of 193.7sqm. The single detached dwelling will be set back 22.5m from the highwater mark and the septic system will be set back 15.5m from the highwater mark. The property is subject to minor variance decision MV-13-05-S which approved a dwelling on the property to be constructed a minimum of 24.5m from the highwater mark and 6.5m from the front lot line (property line along Stone Point Road). The 6.5m setback to the front lot line authorized through MV-13-05-S is still valid for the proposed dwelling. The 24.5m setback to the water authorized through MV-13-05-S was measured to the north of the dwelling to the shoreline. The 2005 decision did not account for the setback required to the highwater mark measured to the wet area to the east of the proposed dwelling. The setback to the highwater mark in this direction is located closer than 24.5m to the highwater mark therefore a minor variance is being requested for additional relief for the proposed dwelling. The previous decision also did not provide any relief from the water setback for the septic system. Minor variances are being requested to allow the dwelling and septic system to be set back less than 30m from the highwater mark. Agency Comments No agency comments were received 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. 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.

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Page 297 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0017, Buchanan, PLAN 1951 LOT 36 DOG LAKE;MAPLE HILL (102906004011749), Storrington District

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 waterfront residential development, and development adjacent to environmentally sensitive areas. The variance 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 dwelling and septic system minimizes site alteration required and maximizes the setback of the dwelling and septic system 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 single detached dwelling and septic system is a permitted use in the R zone. Meeting the 30m setback from the highwater mark is not possible on the property due to the property depth and lot configuration. The property is 54m in depth at the deepest point, however the shoreline curves in towards the road in both north and south directions. There is also a wet area that extends into the property further reducing the buildable area. The location of the dwelling was designed to maximize its setback from the highwater mark. Also, the setback of the sewage system has been maximized from the highwater mark. With the recommended conditions the proposed variance maintains the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The design and location of the proposed dwelling on the property ensures that the development maximizes the setback from the water and minimizes site alteration and vegetation removal. The structure will be located in an appropriate area where there are no impacts anticipated on the subject or abutting properties. 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. The proposed dwelling would be 22.5m from the water at the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 298 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0017, Buchanan, PLAN 1951 LOT 36 DOG LAKE;MAPLE HILL (102906004011749), Storrington District

closest point and the septic system would be 15.5m. Vegetation would be maintained to provide visual screening from the nearest neighbour and to provide visual screening and buffering to the lake.

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0017 for PLAN 1951 LOT 36 DOG LAKE;MAPLE HILL, subject to the following conditions.

The minor variances are for a single detached dwelling with a ground floor area of 137.4sqm, including attached deck, and a gross floor area of 193.7sqm, as well as a septic system. The dwelling is permitted to be set back 22.5m from the high water mark of Dog Lake and the septic system is permitted to be set back 15.5m from the highwater mark of Dog Lake. The location of the dwelling and septic system on the property must be consistent with the application sketch prepared by Groundwork Engineering dated September 21, 2022 and attached to the decision as attachment ‘A’.
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 shoreline of Sydenham Lake 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.

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Page 299 of 373

Township of South Frontenac Staff Report - PL-ZNA-2023-0017, Buchanan, PLAN 1951 LOT 36 DOG LAKE;MAPLE HILL (102906004011749), Storrington District

c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline. 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. 4. Minor variance PL-ZNA-2023-0017 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, MCIP RPP, Senior Planner

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Page 300 of 373

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Page 301 of 373

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Page 304 of 373

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TOWNSHIP

lzofis

Page 312 of 373

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. cu Page 313 of 373

Page 314 of 373

45’-0” 45’-0"

10’-3"

12’-3"

W04

10’-7"

W04

10’-3"

The undersigned has reviewed this design and has the qualifications and meets the minimum requirements set out in the O.B.C. to be a designer.

BUILT UP POST FOR BEAM SUPPORT (TYP.)

QUALIFICATION INFORMATION

35’-0"

45’-0"

FOUNDATION PLAN

W01

3’-11"

Elevation 5

“THESE PLANS FORM THE BASIS FOR PERMIT ISSUANCE AND ANY DEVIATIONS FROM THESE PLANS AND DETAILS, INCLUDING THE VENTILATION SYSTEM, HEATING SYSTEM, WOODSTOVE, FIREPLACES, DECKS, BALCONIES, AND FINISHED BASEMENTS, WILL REQUIRE A REVISED DRAWING AND CLEARANCE BY THE BUILDING DEPARTMENT.”

35’-0"

ENGINEERED TRUSSES @24" O/C

GARAGE FLOOR SLAB AND EXTERIOR CONCRETE 5" 32 MPa CONC. WTIH 5-8% AIR ENTRAINMENT

SEE MANUFACTURES DRAWINGS

Elevation 5

E5 1 28’-10"

GARAGE

43’-3" X 33’-3"

CONTRACTOR SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND MINIMUM CODE REQUIREMENTS AND SHALL REPORT AND DISCREPANCY TO Signature HOME BEFORE PROCEEDING WITH THE WORK.

STORAGE

40’-8" X 33’-10"

W01

THE MECHANICAL AND ELECTRICAL LAYOUT IS ONLY SCHEMATIC. VENTILATION SWITCH AND CIRCULATION SWITCH SHALL BE CLEARLY LABELED AS PER O.B.C. REQUIREMENTS.

ALL MECHANICAL, ELECTRICAL AND PLUMBING SHALL CONFORM TO THE O.B.C. AND ALL APPLICABLE CODES. “SMOKE ALARMS SHALL BE WIRED SO THAT WHEN THE ALARM SOUNDS, ALL ALARMS WILL SOUND.” PROVIDE STROBES TO ALL SMOKE DETECTORS.

3’-7"

35’-0"

3’-0"

34’-6"

38’-11"

ENGINEERED TRUSSES @24" O/C

7’-7"

SEE MANUFACTURES DRAWINGS

3’-1"

ENGINEERED TRUSSES @24" O/C

8’-1"

35’-0"

28’-10"

9’-0"

8’-1"

SEE MANUFACTURES DRAWINGS

W02

14’-4"

10’-1"

W02

E5 1

DESCRIPTION

44’-0"

DRAWINGS ARE NOT TO SCALED

D02

45’-0"

NO.

JULY 17, 2022

DATE

GENERAL NOTES:

CARBON MONOXIDE DETECTORS ARE TO BE LOCATED IN CEILINGS OF ROOMS CONTAINING SOLID FUEL APPLIANCES AND ADJACENT TO SLEEPING AREAS. CO DETECTORS ARE TO BE WIRED DIRECTLY TO OVERCURRENT AND WIRED SO THAT ACTIVATION WILL ACTIVATE ALL CO DETECTORS.

D01

ALL FAUCETS, SHOWER UNITS OR WATER HEATER SOURCE TO HAVE PRESSURE BALANCED OR THERMOSTATICALLY CONTROLLED MIXING VALVES.

BUILT UP POST FOR BEAM SUPPORT (TYP.)

ALL WATER CLOSETS TO HAVE MAXIMUM FLUSH CYCLE OF 6.0 LITRES (1.32 GALLONS) AS PER TABLE 7.6.4.2.B

10’-1"

GARAGE HEADER - 3-2x10 HEADER. PROVIDE MIN 3" BEARING EACH END

ALL WINDOW AND DOOR HEADERS ARE TO BE 2 - 2 X10" OR AS OTHERWISE INDICATED, WITH INSULATION BETWEEN HEADERS. WHERE LINTELS CARRY POINT LOADS FROM GIRDERS OR SIMILAR, LINTELS SIZES TO BE CONFIRMED BY SPECIALIST. PROVIDE GAS SEAL BETWEEN GARAGE AND MAIN LIVING AREA ALL WALLS AND DOORS.

45’-0"

WINDOW SIZES NOTED IE 3040 = 3'0" X 4'0"

LIVING AREA

SHEET TITLE:

35’-0"

SIGNATURE

DATE

PAUL IRELAND, CET BCIN: 23982 SIGNATURE HOME BCIN: 30118

10’-7"

FOUNDATION WALLS 8" CONCRETE BLOCK ON 16"X6" MIN FOOTING (TYP.)

14’-4"

35’-0"

FOUNDATION WALLS 8" CONCRETE BLOCK ON 16"X6" MIN FOOTING (TYP.)

Elevation 5

E5 1

FLOOR PLANS and DETAILS

BACKFILLED WITH GRANULAR

BUILT UP POST FOR BEAM SUPPORT (TYP.)

1493 SQ FT

12’-6"

D03

12’-4"

8’-11"

11’-3"

45’-0"

BACKFILL TO BE IN ACCORDANCE WITH OBC 9.12.3. MAXIMUM HEIGHT OF FINISHED GROUND SHALL CONFORM TO OBC TABLE 9.15.4.1, WHERE BACKFILL EXCEEDS THIS LIMIT FOUNDATION TO BE DESIGNED BY SPECIALIST. SUMP PUMPS MUST BE INSTALLED AND OPERATIONAL PRIOR TO OCCUPANCY.

PORCH

39’-0" X 9’-0"

MAIN FLOOR

INSPECTION OF WATER AND SEWER SERVICES - BUILDER IS TO ACKNOWLEDGE AND CONFIRM THEIR RESPONSIBILITY FOR THE INSPECTION OF THE WATER AND SEWER INSTALLATIONS PRIOR TO BACKFILL OF THE SERVICE TRENCH.

REFER TO TRUSS MANUFACTURES STAMPED DRAWINGS FOR INSTALLATION. REFER TO ENGINEERED JOIST MANUFACTURES DRAWINGS FOR INSTALLATION.

Highest Ridge 28.31’

45’-0"

FOOTINGS AND FOUNDATION TO EXTEND TO MIN 4’ BELOW GRADE OR TO ROCK. NO INFLOOR HEATING UNLESS OTHERWISE NOTED

98"

12’-7"

12’-8"

NO DECK UNLESS OTHERWISE NOTE. DECK DESIGNS TO BE SUBMITTED FOR APPROVAL PRIOR TO PROCEEDING WITH CONSTRUCTION

12 10

TYP.

STUD HEIGHTS TO CONFORM TO 9.23.10.1 OR BE DESIGNED BY PROFESSIONAL ENGINEER AND MUST BE CONTINUOUS

IN ALL BATHROOMS PROVIDE REINFORCEMENT FOR THE FUTURE INSTALLATION OF GRAB BAR ON WALL ADJACENT TO WATER CLOSETS, SHOWERS AND BATHTUBS AS PER 9.5.2.3

Highest Rough Ceiling 20.15’

PROJECT DESCRIPTION:

SECOND FLOOR

W03

PAT O’BRIEN GARAGE 328 KOEN ROAD

W03

PLUMBING STACKS ARE NOT TO BE LOCATED IN EXTERIOR WALLS.

97 1/8"

MECHANICAL ACCESS IS REQUIRED IF ENSUITE TUB IS EQUIPPED WITH AIR/WATER JETS.

RIGHT ELEVATION

LEFT ELEVATION

Highest Ridge 28.31’

To the best of my knowledge these plans are drawn to comply with owner’s and/ or builder’s specifications and any changes made on them after prints are made will be done at the owner’s and / or builder’s expense and responsibility. The contractor shall verify all dimensions and enclosed drawing. Signature Homes Limited is not liable for errors once construction has begun. While every effort has been made in the preparation of this plan to avoid mistakes, the maker can not guarantee against human error. The contractor of the job must check all dimensions and other details prior to construction and be solely responsible thereafter.

Top of Garage Slab -0.67’

2022-08-25

Top of Footing -4.00’

FRONT ELEVATION

152 5/8"

1/4" = 1’-0"

GARAGE SECTION Top of Garage Slab -0.67’

40"

Page 315 of 373

SCALE:

Top of Subfloor - 2nd Floor 12.05’

40"

DATE:

Highest Rough Ceiling 20.15’

97 1/8"

VINYL SIDING WALL SHEATHING PAPER LAYERS TO OVERLAP 7/16 OSB SHEATHING 2X6 WOOD STUDS @ 16" o/c R34 BATT INSULATION & CONT. 6 MIL POLY INTERIOR WALL FINISH DOUBLE PLATE TOP AND BOTTOM

98"

152 5/8"

Top of Subfloor - 2nd Floor 12.05’

DRAWINGS PROVIDED BY:

ALL LOOSE LINTELS FOR MASONRY SUPPORT TO BE 180MM X 100MM X 13MM ANGLES OR IN ACCORDANCE WITH TABLE 9.20.5.2.B OF THE O.B.C.

Top of Footing -4.00’

829 ROSHAN DRIVE KINGSTON, ON K7P 0A9 (613) 572-3615 paul@siganturehome.ca www.signaturehome.ca

SHEET:

A-1

Pond Hole Lake

LELAND RO

NORTH SH OR E

RO AD

Inset Map Inset Map

E AN

KOEN LANE

Lacey Lake

EMERALD LAN

Loughborough Lake

D LAKE RO A

ROAD

KO E

E LOWER ROUND LAK

382 KOEN RD

NE LA

PL-ZNA-2023-0019 (O’BRIEN) (IRELAND)

KOEN ROAD

312 KOEN RD

328 KOEN ROAD Legend

Subject Property 316 KOEN RD

Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity

328 KOEN RD

Township Boundary Road Railway

1083 EMERALD LANE

Loughborough Lake

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

Page 316 of 373

Scale: 1:1,500 0

12.5

50 m

UTM Zone 18 NAD 83

Date: 2023-02-14

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 9, 2023 Application for Minor Variance (S. 45(1) of Planning Act) PLSubject: ZNA-2023-0019, O’Brien/Ireland, 328 Koen Road, Loughborough District

Summary This report recommends that the Committee of Adjustment grant the request for zoning relief to permit a detached garage to be located in the front yard, between the dwelling and the road, and to have a height that exceeds the 6 metre building height permitted for accessory buildings in the RLSW zone, as the 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 Services Residential – Waterfront (RLSW) Zoning Relief Requested Section 5.24.2 – to permit an accessory building (detached garage) to be located in front of the projected front wall of the dwelling whereas the Zoning By-law requires an accessory building to be erected to the rear of the projected front or exterior side wall of the primary building. Section 10.3.2 – to permit an accessory building (detached garage) to be 8.6m high, whereas the RLSW zone allows a maximum 6 metre building height for accessory buildings. Related Applications The lands are not subject to any additional applications under the Planning Act.

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Page 317 of 373

Township of South Frontenac Staff Report - Application for Minor Variance (S. 45(1) of Planning Act) PL-ZNA-2023-0019, O’Brien/Ireland, 328 Koen Road, Loughborough District

Discussion Property Description The 1.5ha property has 187m of frontage on Loughborough Lake and 130m of frontage on Koen Road. The property is developed with a single detached dwelling. The property is primarily manicured lawn with mature trees ringing the perimeter of the property and gradually slopes down towards the lake. Summary of Proposal The Owner proposes to construct a 178.8sqm detached garage on the property. The garage will have a second storey for storage. A minor variance is being requested to locate the detached garage in the front yard of the property, between the existing single detached dwelling and Koen Road. A minor variance is also being requested to allow the height of the garage to be more than the 6m permitted for accessory buildings in the RLSW zone. Department and Agency Comments No agency comments were received at the time of writing this report. Public Comments No comments were received at the time of the writing of this report. 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 subject property is designated Rural on Schedule A of the Official Plan. The proposed detached garage would be an accessory use to the permitted, existing residential use of the property. The garage would be setback more than 30 metres from the highwater mark of Loughborough Lake, as required by section 5.2.7(b) of the Official Plan. The proposed variance maintains the general intent and purpose of the Official Plan related to residential development, and development adjacent to environmentally sensitive areas.

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

Page 318 of 373

Township of South Frontenac Staff Report - Application for Minor Variance (S. 45(1) of Planning Act) PL-ZNA-2023-0019, O’Brien/Ireland, 328 Koen Road, Loughborough District

Does the variance maintain the general intent and purpose of the Zoning By-law? The accessory detached garage is a permitted use on the subject property. The 8.6 metre building height is reasonable given that the building has an upper level to be used for storage. The location of the existing dwelling is in the southern half of the property, more than 70m from Koen Road. This results in any accessory building needing to be placed in the front yard of the dwelling (e.g. between the dwelling and Koen Road) in order to comply with the 30m setback from the water. The proposed building would be setback approximately 45m from the road which exceeds the minimum setback from the road required for the dwelling. The proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The variance for the proposed detached garage is desirable for the appropriate use of the land and building as the increase in building height allows for the enclosed, secure storage of vehicles and goods while minimizing the footprint of the building. The location of the proposed accessory building between the dwelling and Koen Road protects the environmentally sensitive lands between the dwelling and Loughborough Lake. The accessory building will be visually screened from both the lake and the road by existing tree cover around the perimeter of the property. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate use of the land. They are not anticipated to impact the existing or planned functionality of the property and adjacent properties and it is anticipated that there would be no adverse impacts on adjacent properties.

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

Page 319 of 373

Township of South Frontenac Staff Report - Application for Minor Variance (S. 45(1) of Planning Act) PL-ZNA-2023-0019, O’Brien/Ireland, 328 Koen Road, Loughborough District

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0019 for 328 Koen Road, subject to the following conditions.

The minor variance is for an accessory building (detached garage). The detached garage is permitted to be located in the front yard of the dwelling, and setback a minimum of 44m from Koen Road. Also, the detached garage is permitted to have a maximum 8.6m building height. The location of the garage must be consistent with the applicant’s site sketch that will be attached to the Decision as Schedule “A”.
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.
Minor variance PL-ZNA-2023-0019 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, MCIP RPP, Senior Planner

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

Page 320 of 373

Page 321 of 373

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Page 323 of 373

Page 324 of 373

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Page 327 of 373

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the

structure?

constructed

land individual

subject

were

current

encroach

and

subject

operated

the

uses

the

structure system?

fixtures

bedrooms

171:1./A/11? sewers,

APPLICATION c. P.13

1990,

development?

structures

and

privately

disposal

VJ?//%

owned

and

raves

provided

1/?

the

septic acquired

existing

Zoz?

was

buildings

land

living

plumbing

number

space

RAISING

FRONTENAC Act, R.S.O.

proposed

addition existing

/r/¥1/ that

the the

privately

means:

time

existing

subject

Will

Increase

(:3) in

Increase

the

(b)

uses

details:

the

SOUTH Planning

Increase

the

provide

include

(a)

are

please

system, other or

length

.The

date

20.The

VVhat

date

your

If yes,

19.The

‘l 8.

TOVVNSHIP

Page 328 of 373

the

application.

answer

“"‘Note:

“‘*

HAVE

line

abutting

lot

reference

or (neighbours’)

landmark

point…..

distances

property importance

on-site to be varied, and should IS

?le

between or bridge

including

THE

the

been

and

Pl an ni ng

subject

ifi ca nt

si of ns. gn as

bar

applicant’s

wetlands.

buildings,

the

la crossing. nd subject

the

THE

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

land.

location

subject

the the railway

TOP

the

VARIANCE

application

the

under

MINOR

artificial features include Examples or stream banks, barns, these of features from

lands.

[and

number of

FOR amended

application

ever

number

has

distance

and

such

subject

file

ARROVV

following:

the

land

the

Variance).

give

APPLICATION c. 1990, P.13

subject

NORTH

the

give

and abutting REQUIRED be prepared

all

showing

please

subject (Minor

The

yes,

the

please

land is Consent.

Act

and dimensions buildings.

MUST

submitted

Planning

yes,

all natural of to the subject river ditches, distance Show

location

whether

subject

FRONTENAC Act, R.S.O.

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

The

township

location

The

nearest

boundaries proposed

and

indicate the of

item

SKETCH

must

Yes

the

SOUTH Planning

Subdivision

question

The

THE

SKETCH

answer If the the application.

whether Plan of

Yes

If known, please under Section

indicate

25.Please approval

TOWNSHIP

Page 329 of 373

Page 330 of 373

and

someone

example,

Relief:

Roads:

Municipally maintained residents maintain themselves and that are property generally

line

All

You not be may pre-consultation in for

acres:

that

phone

appear the full

Completing in I mailing

Minor

should

behalf

address,

section,

your

‘s

the

APPLICATION c. 1990, P.13

on act number

FRONTENAC Act, R.S.O. as

FOR amended

the here

separ ate postal

VARIANC E

variance All owner’s

live with

Form

IVIINOR

if they complete

during appear

even

Variance

aware

parts

this

with

ofthe

—

zoning planning

question

other are

shared

roads (not

private

Orr

driveways,

after

not meet add to further

that

c a

the

provide

private

the

ired an

requ

than 3 within 0 build ing

this

on to from

asking are rather m a structure an accessory 25

and

completed. property

the Township; but lanes

can you variance a developing

why

others).

looked

seeking that or

words,

with

are

the water, embankment.

you

you be

your

staff.

must

This is asking what question could be that asking are to you that asking or are to increase the you height that or are a variance to you seeking Construct than the building. principal

for

Extent

come

area.

Reason why can‘t you comply: could be, for because example, that is too close already to because impossible of a steep

lot

mark. mark,

—

water

front

depth,

Zoning: and

you

water

Nature variance

appoint

address

must be

Current

when

Frontage,

Guide

SOUTH Planning

owners should

the Subject Land: The Districts the are same as the former Townships. ar If you the roll number (the long number with 1029) beginning on tax bill. e your 020 O10, or district is 030, your numbers are Bedford; if the 040—050, numbers Loughborough; are or if the 060 district is Storrin 070, your gton; numbers district are 080, s Portland. your Concession and Lot Number are not . sure, check tax bill you your Street Number: Your civic address f a civic number has been ass not ign blank. space ed, Name of Road/Street: This whether question or are on applies not you a road. public Plan No: Reference If your has been surveyed, it will have property a one or more on that has parts plan. not been If your property surveyed, blank. Roll No: This is the number beginning with which ‘1029’ on appears yo ur take time look it up to before the submitting application.

wish name, rization.

of all address(es)

Description of District: a.

person’s a utho

may

and

You

names

the

The

TOVVNSHIP

Page 331 of 373

if,

for

their

VVater

years,

Length

water

are

of buildings your property.

—

new

structures: “yes”

and

ANY

are If you includes

columns.

construct

construction:

This

the is

under

Structure

acquired:

from

n a

lake.

most

uses:

cases

did

For

—

the

e.g.

are

not

take

answer

example,

are

you

walls

build

the

part

screened

will

has

sure,

the

private

land

provide

that proposing

clear

permit

possession

each

you

dwelling,

new

raise

the

your

the

well,

been

but

used

best

must a

some

for

departm ent. wi th of ou resid t ence, involve d. in

be deck,

as th e const ructla n d ”,

increase An involve an

building

waterfront

residential

estimate.

property‘?

this question. would porch

property, systems.

add

the

t h e this describe of

now,

access

VARIANCE

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

and

on septic

development

ANYTHING garages,

same

recreational

planning

the

please

sections

land

only

IVIINOR

property

can

all complete your dwelling,

from cannot height to the Committee to permission

decks,

proposed ALL addition to

answer

words.

If you

Please with

other

VVhen

buildings:

months?

existing

it.

anything

Development:

must on

structures

you

FOR amended

recreational

this be question will vacant, and are you 10 would be “vacant

You deck

“residential”

section planning additions,

in be

answer currently

vacant

relevant

APPLICATION P.13 c.

1990, only

business,

R.S.O.

structures: there is

buildings

retail

question

Act.

FRONTENAC

demol requires All n add increase or proposed Ion walls. is made If this not clear although granted that, are you do it because have made not you a

supply

20)Date

land

there

residential,

This

SOUTH Planning

Uses: Generally, example, the land use to be described section 13 would in

include

19)Date

would space.

1B)Uses

1 7)Raising basement a

actually

find

Demolition: instances, exis ‘ng of

may

Description are you information

If “yes”.

residence.

e.g.

Docking:

proposing to in separate

Proposed question

then

the described

but

Proposed

Description structure the from

ngs:

Uses:

and

1 2)

Buil

question

Existing

Parking water.

TOVVNSHIP

Page 332 of 373

Drainage:

Are

most

SKETCH:

drawn

not

the this.

SOUTH

there

has

the

are not (PLEASE

necessarily

stress

been if known,

zoning

previous and what the

the

Must

signed

application. sign must

the

system,

FOR amended

consent

not show be not will

with

the

were.

ss on

the

in be

ple ase

oaths signed

of front

and

accurate,

property,

detailed, professional dimensions accepted.

a a

may

with

(severance)

deal

there

VARIANCE

property? on the other special pe r the seller prob will m ably

variance

owner,

granted of any

subdivision or information)

for

but

MINOR

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

contract

constructed

granted of the

new

importance

aware

variance

details

variance

enough the need to drawn to scale, USE RULER), A

application

been

sewage

for severance this provide

have

private

APPLICATION c. 1990, P.13

a minor probably are If you

help

been will

by-law.

ever you

can

be that

currently

application

there

ditches

will

FRONTENAC R.S.O. Act,

answer

(Staff

current

speci?c

the

Planning

property,

Has

cannot not

that

do neatly

number.

consent:

etc.?

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

sketches

cases

there

there nurnber

You

but

sketch.

If yes: application

aware

Minor variance: time owner of a variance for

you

lf yes: indicate

If there the file

Application for the property? for

drainage,

natural

Septic:

TowNsHIP

Page 333 of 373

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<I28.4O

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LEGEND

b/r Bedrock

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VE RI D

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SYDENHAM ROAD

Inset Map Inset Map

1030 LARK LANE

PL-ZNA-2023-0020 (RUTLEDGE)

HOLMES ROAD

1111 HERON LANE RK LA

E AN

Legend Subject Property

1040 LARK LANE

Provincially Significant Wetland Wetland Wooded Area

N RO HE

E LAN

1046 LARK LANE

Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity

1048 LARK LANE

Non-Lake Trout Lake - At Capacity Township Boundary

1111 HERON LANE

Road Railway

1107 HERON LANE

1103 HERON LANE

1099 HERON LANE

Page 338 of 373

1083 HERON LANE

1091 HERON LANE

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

E N

R DA CE

E DG RI

CEDAR RIDGES RD 3308 HESKA CRES 3310 HESKA CRES

Scale: 1:1,000 0

12.5

50 m

UTM Zone 18 NAD 83

Date: 2023-02-14

Page 339 of 373

February 2, 2023

Fax: (613) 634-4353 Email: concorde@kos.net

“’“‘““L°IT’(i’I’“3,I’§1“.“4:§?

755 Baker Crescent

at depths

of less than l.l metres.

The reaction

to the probe

is consistent

with granular

soil. The

The slope was surveyed using O 30—meter measuring tape and Spectra Precision LL500 selfleveling rotary laser level. A 5/8”-diameter steel rod was used to sound the soils. Refusal was realised

The site is located on the shore of Loughborough Lake and is accessed from Heron Lane. The subject lot features some 30 metres of waterfront with an area of approximately 0.25 ha. The property is presently occupied by a two-storey dwelling and unit masonry boathouse. As outlined on the attached plot plan produced by Shawn Rutledge Design, a breezeway, carport and screened porch are proposed east of the dwelling. The site of the additions is located in an area that is separated from the waterfront by O limestone retaining wall and a limestone escarpment. The result is O plateau extending to O second escarpment that climbs from the south side of Heron Lane, at an elevation of between 4 and 5 metres above the lake.

2.0 BACKGROUND 8. OBSERVATIONS:

This letter reports the results of O geotechnical assessment carried out at the above captioned property. The subject property includes waterfront on Loughborough Lake. This assessment is intended to assess the hazards to the property, based on O site visit conducted on January 315’, 2023, premised on a I00-year serviceability requirement under the provincial Natural Hazards Policy. For the purposes of this report the dwelling is considered to face north toward Loughborough Lake.

1.0 INTRODUCTION:

RE: SLOPEAND EROSIONASSESSMENT llll HERONLANE INVERARY, ONTARIO OUR REFERENCE No. 23-0123

NGINEEmNG

CONCORD

SHAWNRUTLEDGE DESIGN llll HERONLANE INVERARY, ON KOHIXO

—_’

Page 340 of 373

No. 23-0123 2

No groundwater was observed at the time of the fieldwork. Excavation is not expected near or below the surface of the groundwater table or bedrock.

Eaves trough is recommended to preserve the grade adjacent the foundations. Discharge from eave trough downspouts should be directed away from the slope. We expect that the very slow rate of soil creep suggested by the tree trunks will be offset by the pace of soil accumulation due to natural processes and landscaping.

—

Soils are mapped as Monteagle sandy loam Rock phase. The granular soils once disturbed are considered prone to erosion. During construction control measures such as silt fencing set close to the crest of the slope are recommended. The performance of control measures should be monitored and additional efforts taken as warranted. Disturbed areas should be restored and seeded or repldnted to promote re-growth, as soon as possible following completion of the work.

—

Footings bearing on the bedrock scaled and cleaned of weathered and disturbed material may be designed for an allowable bedring pressure of 5OOKPa. The bedrock is not regarded as frost susceptible. The slope of the bedrock surface appears to be relatively mild on the plateau. It sloping bedrock is encountered footings should be pinned using lé” lengths of l5M bar embedded 10’‘ into the underlying bedrock spacing of dowels will depend on site conditions.

advance

Sound excavation. grading and drainage practice should be observed at all stages of construction, and appropriate measures implemented to ensure that subgrade and excavation side—slope integrity are preserved.

The bedrock is stable on slopes of greater than lV:lH, and l.5 metres would be a conservative allowance for erosion of the toe of the slope. Reference to Drawing 2[2 indicates application of the stable slope geometry and erosion allowance would leave a margin of 2.6 metres.

It is anticipated that any development will be founded on bedrock, The shoreline is fairly sheltered from the prevailing winds with a fetch length of less than a kilometer to the north and on oblique orientation relative to the prevailing winds. The bedrock of the site is somewhat resistant to erosion and stable at vertical slopes within the context of TOOyears. Access to the property is from a roadside terrace that is separated from the shoreline by bedrock and elevation.

erosion.

The property features (1 plateau overlooking a rocky foreshore and waterfront. The shoreline and slope are controlled by shallow/outcropping limestone bedrock. The lot is landscaped and large white cedars to l8"—diameter are present. Some curvature of the trunks is observed indicating soil creep. There was no evidence of pronounced drainage courses or

3.0 DISCUSSION:

Reference

Page 341 of 373

No. 23-0123

Encl.

We trust that this report is to your satisfaction. regarding this submission, please contact our office.

R. David Oliver, P.Eng.

Yours truly, CONCORD ENGINEERING

with

or concerns

in accordance

Should you have any questions

Based on the foregoing, it is considered that the lot may be developed Section 3.l of the Provincial Policy Statement as concerns sloping terrain.

The site is limited in extent, by sloping ground, granular soils and the adjacent lake. Recommendations are provided in this report to address these limitations as regards the proposed development of the property. We do not anticipate any problems with erosion or global slope stability from building or retaining works bearing on bedrock as described.

4.0 CONCLUSIONS:

Reference

Page 342 of 373

Reference

No. 23-0123

ezewoyéereenedporch, and behngljhehbgqfhouse.

Page 343 of 373

Reference

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No. 23-0123

Ad….|.e? {heed eofoerhev 9.1‘

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 9, 2023 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2023-0020, Rutledge, 1111 Heron Lane, Storrington District

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee defer making a decision on application PL-ZNA-2023-0020 until such time as the slope stability and erosion hazard issues raised by Cataraqui Conservation is addressed to the satisfaction of Township and Cataraqui Conservation staff.

Property Description The 0.31ha property is located on Heron Lane and has approximately 30m of frontage on the west basin Loughborough Lake. Heron Lane bisects the property with the existing development located north of the lane near the water. The property contains a single detached dwelling and a boathouse. The portion of the property south of Heron Lane slopes steeply up towards the rear of the property and is heavily treed with the exception of the existing septic system. The properties in the area are similarly developed with waterfront residential development.

Proposal To request permission under section 45(2) of the Planning Act to enlarge a legal noncomplying dwelling within 30m of the highwater mark of Loughborough Lake. The existing 204.4sqm single detached two storey dwelling is to be expanded with a 83sqm single storey addition attached to the side of the existing dwelling. The addition contains a breezeway, carport, storage area, and screened in porch.

Preliminary Discussion Cataraqui Conservation provides technical advice on natural hazards to the Township, and they regulate development in areas that may be subject to natural hazards through Ontario Regulation 148/06. Cataraqui Conservation’s guidelines for implementing Ontario Regulation 148/06 do not permit new buildings or structures within the erosion hazard, unless it can be demonstrated that the development is not subject to risk. In their March 2, 2023 letter on the subject application, they have requested clarification on several items in www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 344 of 373

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0020, Rutledge, 1111 Heron Lane, Storrington District

the site-specific geotechnical investigation and slope/erosion assessment (Concord Engineering, February 2, 2023) submitted by the applicant and recommend these clarifications are provided prior to any approval by the Committee of Adjustment. The Township’s Official Plan, consistent with the Provincial Policy Statement, directs development and site alteration away from lands which may be subject to erosion hazards. The Zoning By-law also contains provisions on this matter. It is appropriate for the Committee of Adjustment to defer making a decision on this application until clarification is provided to Cataraqui Conservation on the site-specific geotechnical investigation and slope/erosion assessment that was submitted to demonstrate whether the embankment is stable, and whether it would be safe for the proposed addition to be allowed in the proposed location. Report Prepared By: Tom Fehr, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 345 of 373

March 2, 2023

File: MV/FRS/42/2023

Sent by E-mail Ms. Michelle Hannah, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Hannah: Re:

Application for Minor Variance PL-ZNA-2023-0020 (Rutledge) Pt Lot 10, Concession 1; 1111 Heron Lane Storrington District, Township of South Frontenac Waterbody: Loughborough Lake (West Basin)

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the construction of an addition to an existing residential dwelling. The addition would consist of a carport, storage area, screened in porch, and breezeway. The variance 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 approximately 10 metres to permit the construction of the addition.

Site Description The property is located on the north side of Heron Lane on the south shore of the west basin of Loughborough Lake. The topography of the site can be characterized as being relatively low along the shoreline, then rising slowly toward Heron Lane to the south. Currently, the property contains a single-family dwelling, boathouse, and associated residential development. There is a retaining wall along the shoreline and along the terraced slope up towards Heron Lane. The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Limited Service Residential - Waterfront’ (RLSW) in the Zoning By-law for South Frontenac Township. The west basin of Loughborough Lake is designated as a highly sensitive Lake Trout Lake in the Official Plan and zoned ‘Environmental Protection’ (EP) in the implementing Zoning By-law.

Page 1 of 4

Page 346 of 373

Ms. Hannah (PL-ZNA-2023-0020) March 2, 2023 Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Loughborough Lake. Natural Hazards Flooding: The maximum recorded water level for Loughborough Lake is 125.1 metres geodetic. For Loughborough Lake, the maximum 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) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and the site plan submitted with the application, the proposed development will be located 6 metres from the regulatory floodplain. Erosion: Section 5.8.2.b) of the Zoning By-law requires that no building or structure shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% horizontal. CRCA, in accordance with provincial technical standards, defines the extent of potential erosion hazards for the shoreline associated with Loughborough Lake as the sum of an allowance for toe erosion (estimated to be 2 metres), a stable slope allowance of 3(h):1(v) for till shorelines and a minimum erosion access allowance of 6 metres. For a 4.5 metre high till slope, the erosion hazard would extend approximately 21.5 metres inland from the stable toe of slope (2 + 13.5 + 6). The proposed screened in porch appears to be between 9-11 metres from the toe of slope, therefore is located within the main erosion hazard. CRCA Guidelines for implementing O. Reg. 148/06 (Section 5.3.1.2) allow for a site-specific geotechnical investigation and slope/erosion assessment to be completed by a qualified geotechnical engineer to provide a more refined assessment of the erosion hazard limit based on soil depth, bedrock stability and predicted long-term erosion. This process allows for a closer look at the extent of the hazard to determine the level of risk and to apply more specific setback requirements. The assessment must be completed by a qualified professional in accordance with CRCA’s Guidelines for Geotechnical Investigation (Appendix I) and the provincial Natural Hazards Technical Guide for River and Stream Systems. A site-specific geotechnical investigation was completed by Concord Engineering (February 2, 2023) which found that a 1.5 metre allowance for toe erosion can be applied, and probe “refusal was realized at depths of less than 1.1 metres.” Drawing 2/2 (Concord Engineering, January 31, 2023) indicates that the long-term stable top of slope can be taken as an invisible line extending from the toe of slope (1.5 metres from the toe) at a 1H:1V angle. Based on Drawing 2/2 (Concord Engineering, January 31, 2023), the proposed development will be located 2.6 metres from the 1:1 stable slope allowance, between a limestone retaining wall and the limestone escarpment to the rear of the lot. The study does not identify a top of slope.

Page 347 of 373

Ms. Hannah (PL-ZNA-2023-0020) March 2, 2023

The report does not provide an assessment of the stable slope allowance for the till (3H:1V) portion of the slope. The slope stability allowance for the composite slope should consist of the allowance for the known bedrock plus the allowance for known till. Assuming 1.1 m of till overburden on a 4.5 metre high slope with a toe allowance of 1.5 metres, this generates a slope stability allowance of 8.2 metres (1.5 + 1.13 + 3.41) from the toe of slope. This allowance, and the distance between this allowance and the proposed development, should be confirmed by the consultant prior to approval of the application. CRCA’s policies and guidelines for implementing O. Reg. 148/06 (see description below) require new development to be set back at least 6 metres from the stable slope allowance or 6 metres from the top of bank of a stable slope, whichever is greater. The 6 metre allowance is the provincial technical standard for emergency access (Section 3.4, Technical Guide – River and Stream Systems: Erosion Hazard Limit, MNR, 2002b). The purpose of this setback is to ensure that regular maintenance or repair of buildings and structures, or that bank stabilization and shoreline protection works can occur, and that emergency personnel have the ability to access shoreline areas. The setback also provides protection against unforeseen or predicted external conditions which could have an adverse effect on the natural conditions or processes acting within an erosion prone area.
As one is not identified in the report, the consultant should confirm the location the top of bank of the slope.
The development will be located within the 6 metre access allowance from the erosion hazard and will also impede the ability for emergency vehicles to access the shoreline during a flood or erosion event. While staff recognize that the current proposal represents an improvement to the original proposal under MV-50-20-S which had the addition located closer to the water, the development still limits access to the shoreline between the dwelling and the water. The report should speak to the applicable natural hazard policies regarding safe access and explore options and make recommendations for how access can be maintained through the proposal. Recommendation In summary, staff recommend deferral of application PL-ZNA-2023-0020 based on our consideration for natural hazard policies until such time that the above-numbered comments 1-3 are addressed to the satisfaction of Cataraqui Conservation. Ontario Regulation 148/06 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 Loughborough Lake (the elevation 125.1 m geodetic) or within 23.2 metres

Page 348 of 373

Ms. Hannah (PL-ZNA-2023-0020) March 2, 2023 of the toe of slope of the shoreline is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the proposal, and current and future landowners are advised to contact CRCA at the building permit stage. 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 e-mail at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner

Page 349 of 373

TOWNSHIP OF SOUTH FRONTENAC APPLICATTON FOR IIINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

PLEASE READ THIS ITEM CAREFULLY Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any may which does include the above information be not not application required accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is a?ached.
Collection

of Personal Information

Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Commi?ee of AdjustrnentILand Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this ma?er. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., KOH 2T0, Phone 376-3027 ext.2224).

RECEIVED FEBI 5 2023 Date

Receiveq €U UI’T SOUTH FRONTENAC PLANNING DEPARTMENT

File No: 2

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 9, 2023 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2023-0021, Nancy Hanschmann, 1211 White Lake Road, Bedford District
Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming building per section 45(2) of the Planning Act, subject to conditions.
Background Official Plan Designation: Rural Zoning: Rural (RU) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge one of the two seasonal dwellings on the property. Related Applications The lands are not subject to any additional applications under the Planning Act.
Discussion/Analysis Property Description The subject property is located at 1211 White Lake Road. The 3.2 acre property is forested, and is traversed by a Hydro One high voltage transmission line. The two dwellings and a detached garage are located in a cleared area at the south end of the property close to White Lake Road. The primary dwelling is 625 square feet in area. It is located on the west side of the property, and is setback 32 metres from the front lot line. The secondary dwelling is 520 square feet. It is located on the east side of the property,
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 367 of 373
Township of South Frontenac Staff Report - PL-ZNA-2023-0021, Nancy Hanschmann, 1211 White Lake Road, Bedford District
and is setback 21.9 metres from the front lot line. The two dwellings are serviced by a shared well and sewage system. Summary of Proposal The proposal is to raise the primary dwelling, and to construct an addition to the east side of the primary dwelling. The addition would be one storey plus a walkout basement with a 1200 square foot footprint. An approximately 325 square foot ground level deck, which would be between 1.5 metres and 2.5 metres wide, would be added to the rear of the dwelling. An approximately 575 square foot raised deck would be added to the front of the dwelling. This deck would be in line with the existing front wall of the dwelling. Agency Comments Public Services did not provide comments on the application as it does not impact the existing entrance of the property. Building Services indicated that a performance review of the existing sewage system will be required as part of the building permit application process for the proposed addition. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The subject property is zoned Rural (RU) in Zoning By-law No. 2003-75. The RU zone permits only one single detached dwelling. The property contains two seasonal dwellings that are legal non-conforming uses as they were constructed prior to the current Zoning Bylaw. The Zoning By-law does not prevent the continued use of the seasonal dwellings. However, it does not permit the building to be enlarged in height, size or volume. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the building. Permitting the primary dwelling to be enlarged through a 1200 square foot addition would make the dwelling more appropriate for year-round use by the Owner. It would also increase the area of the building above the minimum 635.1 square foot gross floor area required in the RU zone. The proposed decks would provide functional access to the dwelling with consideration for the topography around the building. The primary dwelling is setback approximately 32 metres from the front lot line. The detached garage is located between the dwelling and the road. The proposed addition would farther from the front lot line than the dwelling. The dwellings are more than 45 metres from White Lake, which is located on the opposite side of White Lake Road. The
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Page 368 of 373
Township of South Frontenac Staff Report - PL-ZNA-2023-0021, Nancy Hanschmann, 1211 White Lake Road, Bedford District
addition would be on the east side of the dwelling, towards the centre of the property, away from neighbouring homes. Adequate water and sewage disposal systems are a consideration for rural development. The two dwellings are serviced by a shared well and sewage system. The property is large enough to accommodate a second well that would need minimum separation distances from sewage systems, should a new well be required. A performance review of the existing sewage system will be required as part of the building permit application process for the proposed addition. The property is large enough to accommodate an upgraded or new sewage system that meets Ontario Building Code separation distances, if one is required. It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report.
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 posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies
Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2023-0021 for 1211 White Lake Road, subject to the following conditions.
Permission is granted to enlarge the 625 square foot primary dwelling on the subject property by an addition with a 1200 square foot footprint, as well as approximately 900 square feet of decking, consistent with drawings submitted at the time of application.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner
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Page 369 of 373
ROCK HILL WITH TREES
N 500’+
500’+
PROPOSED TANK & PUMP STATION IF REQUIRED
‘+20
EXITING TANK & PUMP STATION ADDITION
EXISTING GARAGE
165’+
33’+-
WELL. 60’ + FROM SEPTIC BED
DRI VEW AY
EXIST.
72’+-
15’+-
Sec onda ry H ydro
500’+
200’+
500’+
PROPOSED TANK & PUMP STATION IF REQUIRED
‘+20
107’+
ROCK HILL WITH TREES
N
25’+-
SECOND COTTAGE
EXITING TANK & PUMP STATION
ine Hydro L Primary
ADDITION
EXISTING GARAGE
e Rd. k a L e t Whi
WELL. 60’ + FROM SEPTIC BED
165’+
33’+-
25’+-
SECOND COTTAGE
DRIV EWA Y
EXIST.
107’+
Sec onda ry H ydro
72’+-
15’+-
200’+
Hydro Primary
Lake White
Line
Rd.
ke a L e t i Wh
PLOT PLAN Scale: 1/16-12 Lake White
PLOT PLAN NO SCALE
Page 370 of 373
Area Acres Total lot coverage
3.19 2.23%
All measurements to be verified before construction and omissions to be reported to designer. No reproductions of this design are permitted unless authorized by the undersigned
Revision Dates:
PLAN TITLE:
Signature AMCT Ltd.
Personal BCIN # 15236
Firm BCIN # 38061
Plan Number:
JAN-18-2021
PLOT PLAN
Drawn By:
The undersigned take’s responsibility of the design. Qualifications Marcel A Lavigne
Date Drawn:
MAL/SMK CUSTOMER DETAILS:
1211 White Lake Road Nancy Hanschmann Mandy Green
Ltd AMCT AMACCAL COST. TECH. Ltd PO box 212 North Augusta Ontario H0G 1R0 613-803-0270
Plan Scale:
1/4 = 1 Unless Noted
&#
Inset Map Inset Map
Bobs Lake
¥
R OAD
KE LA
White Lake BY
W
AN EG
E AN
Jeffs Lake
RO AD
LAN
E
L
S TIM
GREEN BA Y
B ARR L A NE
HI TE
Bobs Lake
CR O
FT
9A TIMS LANE
LANE
K BAY BUC
PL-ZNA-2023-0021 (HANSCHMANN)
ROA D
Youngs Mill Barrett Pond Potspoon Pond Lake
1211 WHITE LAKE ROAD Legend
1142 WHITE LAKE RD
Subject Property Provincially Significant Wetland TI M
S NE LA
1211 WHITE LAKE RD
Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity Township Boundary Road Railway
1142 WHITE LAKE RD
D OA ER AK L ITE WH 1142 WHITE LAKE RD
Page 371 of 373
1209 WHITE LAKE RD
1201 WHITE LAKE RD
1193 WHITE LAKE RD
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.
1211 WHITE LAKE RD
1209 WHITE LAKE RD
1201 WHITE LAKE RD
Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.
Scale: 1:1,500
White Lake 0
12.5
25
50 m
UTM Zone 18 NAD 83
Date: 2023-02-23
To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 9, 2023 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-2022-0169 – (MacNeil) (O’Neil) This undisputed consent was granted provisions consent on February 10, 2023. The purpose of this consent application was for the creation of an easement. b) PL-BDJ-2022-0164 – (5006610 Ontario Limited) (Way) This undisputed consent was granted provisions consent on February 21, 2023. The purpose of this consent application was for a lot addition to an abutting property. c) PL-BDJ-2022-0144 – (5006610 Ontario Limited) (Babcock) (Plue) This undisputed consent was granted provisions consent on February 24, 2023. The purpose of this consent application was for a lot addition to an abutting property.
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Page 372 of 373
Township of South Frontenac Staff Report - Decisions on Delegated Consents
d) PL-BDJ-2022-0145 – (5006610 Ontario Limited) (Babcock) (Babcock) This undisputed consent was granted provisions consent on February 24, 2023. The purpose of this consent application was for a lot addition to an abutting property. e) PL-BDJ-2022-0146 – (5006610 Ontario Limited) (Babcock) (Beckwith) This undisputed consent was granted provisions consent on February 24, 2023. The purpose of this consent application was for a lot addition to an abutting property. f) PL-BDJ-2022-0147 – (5006610 Ontario Limited) (Babcock) (Babcock) This undisputed consent was granted provisions consent on February 24, 2023. The purpose of this consent application was for a lot addition to an abutting property. g) PL-BDJ-2022-0148 – (5006610 Ontario Limited) (Babcock) (Devries/Kay) This undisputed consent was granted provisions consent on February 24, 2023. The purpose of this consent application was for a lot addition to an abutting property. h) PL-BDJ-2022-0149 – (5006610 Ontario Limited) (Babcock) (McMahon) This undisputed consent was granted provisions consent on February 24, 2023. The purpose of this consent application was for a lot addition to an abutting property. i) S-20-21-P (Harmsen Construction Inc.) This undisputed consent was granted provisions consent on February 27, 2023. The purpose of this consent application was for a new residential lot. j) S-21-21-P (Harmsen Construction Inc.) This undisputed consent was granted provisions consent on February 27, 2023. The purpose of this consent application was for a new residential lot. Attachments None. Approvals Report Prepared By: Michelle Hannah, Planning Assistant
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Page 373 of 373
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