Committee Of Adjustment - 09 May 2024 - Agenda

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: May 9, 2024 Collection: Council Agendas Municipality: South Frontenac

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

7:00 PM, Thursday, May 9, 2024 Council Chambers/Virtual Via Zoom .

Call to Order

a)

Resolution.

Adoption of Agenda

a)

Resolution.

Electronic Meeting Information

a)

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

b)

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

Declaration of pecuniary interest

Approval of Minutes – April 11, 2024

a)

Approval of Minutes - April 11, 2024

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

a)

PL-BDJ-2024-0011 (Wiley) (ZanderPlan) - Storrington

3-6

7 - 44

Subject Property Address: 848 Burnt Hills Road Purpose & Effect of Application: The applicant is seeking consent to sever for the purpose of creating two new rural residential lots. Severance 1 (PL-BDJ-2024-0011) would have 11.94Ac of area and 76m of frontage on Burnt Hills Road. b)

PL-BDJ-2024-0012 (Wiley) (ZanderPlan) - Storrington

45 - 79

Subject Property Address: 848 Burnt Hills Road

Page 1 of 108

Purpose & Effect of Application: The applicant is seeking consent to sever for the purpose of creating two new rural residential lots. Severance 2 (PL-BDJ-2024-0012) would have 8Ac of area and 76m of frontage on Burnt Hills Road. The retained parcel would have 120.98Ac of area with and 78.2m of frontage on Burnt Hills Road. The proposal would also involve the creation of a new easement over the severed parcel, to access the dwelling on the retained lands. 8.

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

New Minor Variance / Permission Applications:

a)

PL-ZNA-2024-0030 (Bissonnette) (Jacobs) - Bedford

80 103

Subject Property Address: 443 Shipton Lane Purpose & Effect of the Application: The applicant proposes to construct a 14.4sqm accessory building on the property. A minor variance is requested to allow the accessory building to be set back less than 30m from the highwater mark of Devil Lake. The accessory building is proposed to be set back 11m from Devil Lake. 10.

Other Business

a)

Consent Granting Authority Report

Adjournment

a)

Resolution.

104 108

Page 2 of 108

Minutes of Committee Of Adjustment April, 11, 2024

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # 2024-03 Time: 7:00 PM Location: Council Chambers/Virtual Via Zoom Present: Norm Roberts, Steve Pegrum, Randy Ruttan, Alan Revill, Brett Moreland, Kevin Fox, Mike Howe Absent: Doug Morey Staff: Christine Woods, Senior Planner, Tom Fehr, Planner, Noah Perron, Planner, Kate Kaestner, Planning Clerk & Secretary-Treasurer 1

Call to Order

2

Adoption of Agenda

a)

Resolution. Resolution No. 2024-03-02 Moved by: Kevin Fox Seconded by: Norm Roberts THAT the Committee of Adjustment hereby adopts the Agenda for the April 11, 2024 Committee of Adjustment meeting. Carried

3

Electronic Meeting Information

a)

The meeting was live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/

b)

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

4

Declaration of pecuniary interest

a)

There are none.

5

Approval of Minutes – March 14, 2024

a)

Resolution. Resolution No. 2024-03-03 Moved by: Brett Moreland Seconded by: Kevin Fox THAT the Committee of Adjustment approves the minutes of the March 14, 2024 Committee of Adjustment meeting. Carried

Page 3 of 108

Minutes of Committee Of Adjustment April, 11, 2024 6

Consent Applications from a Previous Meetings: (if applicable)

7

New Consent Applications:

8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) 9

New Minor Variance / Permission Applications:

a)

PL-ZNA-2024-0015 (Deroche) - Loughborough District Property Address: 1048 Shallow Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30m of the highwater mark of Sydenham Lake. The applicant is proposing to renovate the existing seasonal dwelling with a gross floor area of 36sqm and height of 4m, setback 8.7m from Sydenham Lake. The renovation would occur within the existing building envelope and would include an addition to the rear of the structure. The proposed four-season dwelling would have a gross floor area of approximately 150sqm and height of 9.9m. The proposed four-season dwelling would maintain the same highwater mark setback as the existing (8.7m). Noah Perron, Planner, delivered his presentation and report to the Committee with a staff recommendation that the application be deferred. Randy Ruttan, Chair, inquired as to whether the applicant or their agent wished to address the Committee. Ken Deroche, applicant spoke to the existing parking spaces on the property and that they have been there since the cottage was constructed. Mr. Deroche claimed that the work was being done to relinquish the right-ofway and that someone was working on the scaled site plan and he hoped to have it completed by the following week. He expressed his desire for receiving an approval based on the condition that the final site plans and easement paperwork were received by week’s end. Chair Ruttan inquired as to whether there were any questions from Committee members regarding the application. Committee Member Alan Revill asked Mr. Perron to clarify what parts on the image comprised the property in question. Mr. Perron clarified the various parts that comprised the property as a whole. Carol Whyman, former owner of the property, stated that Part 2 on the image was a right-of-way that provides deeded access to the properties further down the lane. She inquired as to how many properties had deeded access to the water over Part 3. Mr. Perron stated that it was up to the applicant’s lawyer to confirm, but at the time of the meeting they were only aware of one property being served by Part 3. Mr. Ruttan inquired as to whether there were any further questions from Committee Members.

Page 4 of 108

Minutes of Committee Of Adjustment April, 11, 2024 Mr. Pegrum inquired as to whether the Committee can create or decide what conditions would be included in a conditional approval. Mr. Perron responded that he understood that the applicant wants to get the proposal approved as quickly as possible, but that the scaled site plan needs to be received and reviewed by Planning staff before an approval could be given. Mr. Ruttan stated that the Committee must move forward with the information that they have before them. Kate Kaestner, Planning Clerk, read the resolution for deferral. Mr. Ruttan inquired as to whether there was any comment from Committee members regarding the resolution (None heard). Resolution No. 2024-03-04 Moved by: Alan Revill Seconded by: Mike Howe THAT the Committee of Adjustment defers Minor Variance application PL-ZNA2024-0015, for property municipally known as 1048 Shallow Lane, to allow the applicant or their agent time to provide the municipality with the following information:

• legal confirmation as to the possibility of separate conveyance of property identified by PIN # 36279-0804
• the status of any easements registered on the properties, including details of all dominant and servient lands
• and to provide a detailed survey sketch which demonstrates the location of the proposed dwelling, sewage system and parking spaces. Carried b)

PL-ZNA-2024-0018 (Sleeth) - Storrington District Property Address: 122 Osborne Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30m of the highwater mark of Dog Lake. The existing 110sqm single storey dwelling is to be demolished and will be replaced with a single detached dwelling that has a ground floor area of 120sqm and a partial second storey of 50sqm. The new dwelling will maintain the same setback from the lake as the existing dwelling. The height of the dwelling will increase from 5.7m to approximately 8m. Tom Fehr, Planner, delivered his presentation and report to the Committee with a staff recommendation that the application be conditionally approved by the Committee. Chair Ruttan inquired (three times) as to whether the applicant, their agent or any members of the public wished to address the Committee (None heard). Mr. Ruttan inquired as to whether there were any questions from the Committee members regarding the proposal (None heard). Ms. Kaestner read the resolution for approval of the application, subject to conditions.

Page 5 of 108

Minutes of Committee Of Adjustment April, 11, 2024

Resolution No. 2024-03-05 Moved by: Mike Howe Seconded by: Alan Revill THAT the Committee of Adjustment approves application PL-ZNA-2024-0018 for property municipally known as 122 Osborne Lane, granting permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling the property located within 30 metres of the highwater mark of Dog Lake, subject to conditions. Carried 10

Other Business

a)

Consent Granting Authority Report Kate Kaestner, Planning Clerk, presented her report to the Committee.

11

Adjournment

a)

Resolution. Resolution No. 2024-03-06 Moved by: Mike Howe Seconded by: Norm Roberts THAT the April 11, 2024 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at 7:26pm, to reconvene on Thursday, May 09, 2024 at 7:00pm or at the call of the chair. Carried

Randy Ruttan, Chair

Page 6 of 108

Page 7 of 108

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Page 9 of 108

Page 10 of 108

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Page 12 of 108

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Page 13 of 108

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Page 14 of 108

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Page 15 of 108

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Page 16 of 108

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Page 20 of 108

While the County makes every effort to insure that the information presented is accurate for the intended uses ofthis map, there is an inherent error in all mapping products, and accuracy ofthe mapping cannoi be guaranieed for all possible uses. This map displays basic topographic feaiures only,

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Page 21 of 108

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Page 32 of 108

April 30, 2024

File: SEV/FRS/85/2024 SEV/FRS/86/2024

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

Application for Consent to Sever PL-BDJ-2024-0011 & PL-BDJ-2024-0012 Pt Lot 29, Concession 11; 848 Burnt Hills Road Storrington District, Township of South Frontenac Waterbody: Beacon Point Provincially Significant Wetland, Unnamed Watercourses, and Unevaluated Wetlands

Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for consent to sever and offer the following comments for the Land Division Committee’s consideration, based on our role as a commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06). Summary of the Proposal PL-BDJ-2024-0011 This application involves the severance of an approximately 4.83 ha (11.94 acre) vacant parcel from a large residential property. The severed parcel is proposed to be used for new residential building purposes. PL-BDJ-2024-0012 This application involves the severance of an approximately 3.24 ha (8 acre) vacant parcel from a large residential property. The retained vacant lot would be approximately 57 ha (141 acres) and will continue to be used for residential purposes. The severed lot will be used for future residential development. An easement is proposed over the existing driveway on the severed parcel in favour of the retained lot. Site Description The subject lands are located on the north side of Burnt Hills Road and occupy Lot 29 in Concession 11 of Storrington District in South Frontenac Township. The severed lots are proposed in the southwestern portion of the subject lands, with both the retained and severed lots maintaining road

Page 33 of 108

Page 2 of 3 frontage on Burnt Hills Road. The subject lands consist of woodlands, cleared areas, and low-lying wetlands. The rolling topography of the severed parcels gradually slopes down to the northern woodlands, where the wetlands are located. There also appears to be a few small ponds / wetland cells in the centre of the severed parcels which are likely hydrologically connected to the PSW to the north by a network of watercourses. The eastern portion of the retained parcel which fronts on Burnt Hills Road consists of a relatively steep and high embankment, that rises towards Burnt Hills Road and the eastern property line. The subject lands are designated ‘Rural’ and ‘Provincially Significant Wetlands’ per Schedule A of the Township’s Official Plan and are zoned ‘Rural’ (RU) and ‘Environmental Protection’ in the implementing Zoning By-law. The boundary for the Environmental Protection zone coincides with the provincially significant wetland on site. Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with the surface water features and the protection of the hydrologic function of the wetlands. Natural Hazards Surface Water Features As noted, the undulating topography on this property creates a series of low-lying ponds and wetlands that may be hydrologically connected to the Beacon Point Provincially Significant Wetland, and subject to O. Reg. 41/24. A suitable buffer area is necessary between any new development and the water features, as a buffer acts to protect the hydrologic function of these features and to avoid damaging flooding of property and erosion normally associated with these features. Cataraqui Conservation does not have floodplain mapping in this area – consequently we require a minimum 30 metre buffer (setback) horizontal from the highwater mark of watercourses, waterbodies, and wetlands for any development. The 30 metre setback is consistent with the 30 metre setback in the Township’s zoning by-law. As proposed, both severed parcels will have sufficient area to accommodate new development outside of the 30 metre setbacks from the watercourses, waterbodies, and wetlands identified on the subject lands. The retained lot, which is already developed, will be sufficiently sized to accommodate future development well back from these features and 30 metre setbacks. Recommendation Staff have no objection to the approval of applications PL-BDJ-2024-0011 and PL-BDJ-2024-0012 based on our consideration for natural hazard and regulatory policies. Ontario Regulation 41/24 Please note that portions of the subject lands are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06), 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 Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 • CataraquiConservation.ca

Page 34 of 108

Page 3 of 3 the changes do not put other properties at greater risk from these hazards. Also, to ensure the protection of wetlands. Current and future landowners are advised to contact CRCA before considering any work within 30 metres of the wetlands, waterbodies, and watercourses. Please inform this office of any decision made by the Committee with regard to these applications. 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, RPP, MCIP Resource Planner Cc:

ZanderPlan Inc., Agent, via e-mail

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

Page 35 of 108

Report from Public Services PL-BDJ-2024-0011 Application Number: ___________________________________________________ Micheal George Wiley Applicant’s Name: _____________________________________________________

11 PT Lot 29 Storrington Lot: _______________District:

Concession: _________________ Burnt Hills Road Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

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

✔ Yes □

No □

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

Road Conditions:

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

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

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

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

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

Signature on behalf of Public Services

2024-04-24

Date

Page 36 of 108

Township of South Frontenac Building Department 4432 George Street, Box 100 Sydenham, ON K0H 2T0 613-376-3027 www.southfrontenac.net

Sewage System Review Comments To:

Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George Street, PO Box 100 Sydenham, Ontario K0H 2T0

Application Number:

PLBDJ20240012

Type of Application or Proposal:

Planning Sewage Review - Consent Application

Applicant: (if applicable) Agent:

Location:

WILEY MICHAEL GEORGE Zanderplan 102907006031800 848 BURNT HILLS ROAD CON 11 PT LOT 29 No objection to the creation of the proposed severed parcel.

Comments:

Two test holes, both between 1.2 and 1.5 metres deep and containing a clay material, were dug within the first 90 metres from the edge of Burnt Hills Road on the proposed severed parcel.

Building Inspector: Matthew Doyle Date:

April 19, 2024

Page 37 of 108

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: May 9, 2024 Subject:

Consent Application PL-BDJ-2024-0011, Wiley, 848 Burnt Hills Road, Storrington District

Summary Two consent applications were submitted concurrently for the subject lands. One of the consent applications meets all the By-law 2020-27 criteria for an “undisputed” consent application. The other application does not meet the criteria. For this reason, the Committee of Adjustment is being asked to make decisions on both the consent applications. This report recommends approval for application PL-BDJ-2024-0011 (Lot 1).

Background The purpose of the application is to create one new rural residential lot. The retained parcel will continue to be used for residential purposes. Related Applications The lands are also subject to consent application PL-BDJ-2024-0012 (Lot 2). Application Details The proposed severed parcel for application PL-BDJ-2024-0011 (Lot 1) would have an area of approximately 11.94Ac with 76m of frontage on Burnt Hills Road. The severed parcel would be located on the west side of the property between 870 Burnt Hills Road and the proposed Lot 2. If only application PL-BDJ-2024-0011 (Lot 1) were approved the retained parcel would have approximately 148.98Ac of area and 154m of frontage. Designation and Zoning The subject property is designated Rural and Provincially Significant Wetland in Schedule A of the Township Official Plan. The property is zoned Rural (RU) and Environmental Protection (EP) in Zoning By-law No. 2003-75. Review

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

Page 38 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0011, Wiley, 848 Burnt Hills Road, Storrington District

✔ Conforms to section 51 (24) of the Planning Act; ✔ Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act); ✔ Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act) ✔ Conforms to the County of Frontenac Official Plan (s. 3.3 & 7.1) ✔ Conforms to the Township of South Frontenac Official Plan (s. 5.2, 5.7.4 & 7.1) ✔ Complies with Zoning By-law No. 2003-75 (or will comply subject to a standard condition of rezoning or minor variance); and ✔ Has no unresolved objections/concerns raised from agencies of the public.

Property Description The subject property is approximately 160.9 acres with frontage on Burnt Hills Road. Development is isolated to the eastern portion of the property and consists of a single dwelling. The subject property consists of woodlands, cleared areas, and low lying wetlands. The area immediately adjacent to Burnt Hills Road is mostly cleared of trees and features and unevaluated wetland feature and a small pond with hydrological connections to the Beacon Point Wetland Complex. The remainder of the property is mostly characterized by mixed forest and some scattered low-lying wetland areas. One of these wetland features (Beacon Point Wetland Complex), whose boundary is setback approximately 400m from Burnt Hills Road, is classified as Provincially Significant (PSW). The area of the proposed severance extends from Burnt Hills Road to the boundary of this PSW. Topography varies significantly across the extent of the subject property. The area adjacent to Burnt Hills Road are predominantly flat. However, the area of the proposed retained lot (excluding proposed Lot 2) adjacent to Burnt Hills Road features steeply sloping topography, rendering a majority of this frontage unusable. The surrounding area consists primarily of rural residential and agricultural uses.

Department and Agency Comments Cataraqui Conservation provided comment on April 30, 2024. CRCA Staff have no objection to the approval of the consent application based on consideration for natural hazard and regulatory policies. Staff note that portions of the subject lands are subject to Ontario Regulation 41/24. Current and future landowners are advised to contact the CRCA before considering any work within 30m of the wetlands, waterbodies, and watercourses. Public Services provided comment on April 24, 2024. Public Services Staff have no concerns with the consent application. It was noted that there are adequate sight lines to www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 39 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0011, Wiley, 848 Burnt Hills Road, Storrington District

permit an entrance from Burnt Hills Road to Lot 1. Road Widening is to be determined by an Ontario Land Surveyor. Any shortfall of the 20m road allowance, measured 10m from the centreline of Burnt Hills Road, shall be dedicated for the severed lot. Building Services provided comment on April 19, 2024. Building Services Staff have no concerns with the application. There is enough area on the proposed severed lot to accommodate the installation of a sewage system. The details and location of the system would be determined during the building permit phase.

Public Comment No comments were received from the public at the time of the writing of this report.

Planning Analysis Minimum Distance Separation from Livestock Facilities In conformity with the PPS, the Township Official Plan requires all division of land for nonfarm uses to comply with the Minimum Distance Separation Formulae I (MDS I) (Section 7.1(I)). The Township Zoning By-law also requires residential development to comply with MDS I. Township Planning Staff identified two livestock facility within 750m of the proposed severed lot which warranted further investigation. The applicant’s agent calculated MDS I setbacks for both facilities. The following table identifies the actual and required MDS I setback for the livestock facility and related manure storage. Location of Livestock Barn and Manure Storage 702 Burnt Hills Road

Actual Distance from Livestock Barn to Lot 1 (Metres) 600

878 Burnt Hills Road

Minimum Required MDS I Setback (Metres)

105

133 81

The applicant’s agent also submitted a sketch confirming a development envelope on Lot 1 that would meet the minimum required MDS I setback from the surrounding barns, as well as all other required zoning setbacks. Environmental Protection Policies The subject property contains a portion of the Beacon Point Wetland Complex, a provincially significant wetland. In accordance with Natural Heritage Reference Manual and the PPS, Section 5.2.5 of the Township Official Plan stipulates no new development or site alteration within 120 of a provincially significant wetland, unless no negative impacts have been www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 40 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0011, Wiley, 848 Burnt Hills Road, Storrington District

determined through an Environmental Impact Study. This 120m area surrounding the PSW on the subject property does extend into the area of the proposed severed lot. However, Planning Staff were able to identify a viable building envelope on the southern half of the severed lot, located more than 300m from the PSW. Therefore, in consultation with Cataraqui Conservation, Planning Staff determined an Environmental Impact Study would not be required in support of the application. To ensure the future protection of the PSW located on the subject property, Planning Staff are recommending that a holding symbol (H) be placed on the area within 120m of this feature. The condition for lifting this holding symbol will be the preparation of an Environmental Impact Study, prepared to the Township’s satisfaction. The purpose of the holding symbol is to ensure a building permit could not be issued until it can be demonstrated that the development proposal would have no negative impact on the wetland, the adjacent lands, and their ecological functions. The area of the proposed severed lot also contains a low-lying pond feature with hydrological connections to the Beacon Point Wetland Complex. This feature is regulated by the Cataraqui Conservation under O. Reg 41/24. Additionally, The Township Official Plan and Zoning Bylaw stipulate a minimum 30m development setback for such features. Township Planning Staff were satisfied that a viable building envelope exists outside of the 30m setback distance. Rural Residential Development The PPS allows growth and development to be directed to rural lands, including lot creation that is locally appropriate. The County Official Plan and the Township Official Plan also permit residential development in the Rural Designation. Section 5.7.4 of the Official Plan indicates that a maximum of three rural residential lots may be created by consent from landholdings provided that the new lots meet the General Consent Policies, as well as all other applicable policies. There have been no severances from the property since the adoption of the Township Official Plan. Therefore, the subject property is eligible for severance. Section 5.7.4 requires the frontage, size and shape of any lot created for rural residential purposes through the severance process to be appropriate for the proposed use and to conform to the provisions of the Zoning By-law. Lot 1 would exceed the required minimum 0.8 hectares of area, and minimum 76m of frontage on a public road. The retained parcel from the subject application would also exceed the minimum lot size and frontage requirements. The owner demonstrated to the satisfaction of Building Services that Lot 1 would have the ability to be serviced by a private sewage disposal system. The Township typically requires the ability to be serviced by private well to be demonstrated as a condition of consent approval. Conclusion www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 41 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0011, Wiley, 848 Burnt Hills Road, Storrington District

The severed and retained parcels would be consistent with the Provincial Policy Statement, in conformity with the land division policies (Section 7.1) of the Township of South Frontenac Official Plan, and in compliance with Zoning By-law No. 2003-75.

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

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

Recommendation It is recommended that application PL-BDJ-2024-0011 be approved for consent for the creation of one new rural residential lot from a property civically addressed as 848 Burnt Hills Road (ARN: 102907006031800), subject to the following conditions: Expiry Period

1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
2. The lands to be severed by Consent Application PL-BDJ-2024-0011 shall be for the creation of one new residential lot approximately 11.9 acres in area with a minimum of 76 metres of frontage on Burnt Hills Road. The lot area, frontage and configuration of the proposed severed lot shall be consistent with sketch submitted by the applicant’s agent (dated February 7, 2024), attached to the decision as “Schedule A”. Survey/Reference Plan or Registerable Description
3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning

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

Page 42 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0011, Wiley, 848 Burnt Hills Road, Storrington District

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

Page 43 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0011, Wiley, 848 Burnt Hills Road, Storrington District

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. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel.
9. 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.
10. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Requirement for an entrance permit; b. A lot grading and drainage plan to be submitted at the building permit stage; c. Notice regarding compliance with the Endangered Species Act; d. Notice regarding archeological resources and human remains. Zoning
11. The applicant is required to apply for a zoning by-law amendment to place a holding symbol (-H) on the Rural zone on the lands within 120m of the Provincially Significant Wetland feature on the severed parcel. The condition for lifting this holding symbol will be preparation of an Environmental Impact Study to the satisfaction of the Municipality.
12. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 44 of 108

Page 45 of 108

ore—consultation fee

Application of conditions of Conditions

Type:

requiring

non-refundable

your

application

requirement

accepted

Act,

re—

application

2023

transfer,

studies

of

& or

1990,

South

c.

P.13

authorization

Supporting

Frontenac

as

amended

for

review

Township

Information

onsite

$560.00 separate submitted

be

payable

fee

to

may

to

or

the be

Township included

or

Fee:

Township

proof

the

that

Staff

identified

at to

title

ore-consultation acquire

$ 1 $

So ut h

y o u

The

(if

documents

applic able)

T O $ T 5 $ A 1 4 L $ 5 4 : 4 5 $ 5 5 0 0 0

0 men t

3 $ 2 5 0 6 .0 payment, . with the 0 0 the in pay

of

secure

include). to

e s

application .

I $150.00

the

which d complete.o

Applicatlon #2

commissioned.

what to recommended wish may

Application

cheque

.347.00 $320.00 $1

Planning

fee,

on It is You

and

of

considered

application

submission

signed

to

Any be

not

Consent Severance

sewage disposal review lot) (per new Conservation lot (per new or lot addl Ion) (per Conservation new lot lot or addition) Valley Conservation Authority (per lot lot new or addition) Note: These fees are for consultation on this only; application agencies fees if permit applications are required prior to any construction.

R.S.O.

or

January

Deed

Updated

Required

Rideau Please additional

Quinte

Agency: Township Cataraqui

form

prior

application. or will

Question 25 details for and measurements. and the crate sketch. drafting of sketches.

a

with be

Review Fees applicable). (as A app able Conservation Authority. is to app ation. The on—site sewage disposal application the fee to Township.

. Agency

Change Change circulation

Application Consent

applicable

The

completed

meeting

this

A Sketch of your proposal (see drawn with dimensions accurate carefully to assemble the data a person who specializes in the

of

is

copy

meeting

One

hard

I Pre-consultation

A

may

submitted

be must information not

U T H

FRONTENAC

Requirements

following items below required

Planning

I:

The the

Application

A\

N

m W‘:\V‘_ S o

Page 46 of 108

of

Personal

Information:

OF

SOUTH

FRONTENAC CONSENT

APPLICATION

is

o

o

0

o

u

.

.

to:

application. health, safety.

an

when an application?

the decision—making convenience and

reviewing

approval welfare of

present

authority. the

and

shall

have future

rega rd,

The effect of development on matters of provincial as interest referred to i Planning Act. Whether the proposed severed lot is or premature in the public interest. Whether the consent the conforms to intent the of Of?cial Plan and subdivision (if any) The the suitability of land the for for purposes which it is severed being housing affordable If units are the being proposed, the suitability of pr affordable housing op os The number, location width, and proposed and elevations grades of roa ed adequacy relation in to dw roadway linking any proposed the proposed severed ays established roadway system. The dimensions and shape of the lot. proposed restrictions Any on the subject land (or the bui on and ings structures to be any restrictions on abutting lands. ?ood Conservation natural of resources and control. The adequacy of utilities and municipal services. The adequacy of schools. The area of land, exclusive if any, of roadways, to that is be conveyed or ded purposes (such as parks). for icat The physical configuration of new the lot to having regard energy conservation. ed Plan Site Control County of Frontenac Official Plan Township of South Frontenac Plan Official Township of South Frontenac Zoning Ely-Law Provincial Policy Statement

the and

considered

considering in matters, to municipality

What

available

information the requested on application form is under the required Pla be used the will by Township for nni the purpose of the reviewing application. those to boards, Agencies and Persons having ng Commissions. Authorities. matter. Any questions the collection regarding of this information should be directed Treasurer the of Committee (P.O. of Adjustment Box Sydenham, 100, Ont., KOH 2T0, 3027 ext. 2224).

Personal information

Collection

TOWNSHIP

Page 47 of 108

Page 48 of 108

Indicate

to

Addition

Easement

of

of

Please

easement

existing

the

sever

An

a

provide

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will

lot for

be

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of

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residential

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Road

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(PIN):

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way)

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description

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13R—9494

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depth

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driveway

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a

1 1

Burnt

Bedford

Portland

Staff

FRONTENAC

the name

with severed

of

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76m in

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El

of

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Date

Date

regarding

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of

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III

Planning

SOUTH

land:

Perron

Number

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the

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Number:

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El 848

the

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El

with

TOWNSHIP

Number:

Planner:

consulted

Address:

Concession

Civic

of

Yes

you

description

District:

The

Name

Have

Page 49 of 108

( n1

De

of

Lot:

list

the

) :

Lot:

Buildings/Structures:

Proposed

Proposed Use of

Buildings/Structures:

Existing

Use

Existing

Please

Acres

on

on

a

existing

or ha):

Water

(m):

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OF

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Lot

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lot):

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FRONTENAC

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the

this

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regarding

Complete

Severed

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LOT

information

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Waterbody:

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Name

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TOWNSHIP

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you

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.

/

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Hills

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140.983c

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cre ate and

to

Retained

(created)

applying

APPLICATION

Page 50 of 108

LOT

of

on

(rn):

(acres

Depth

Acres

he):

or

ha):

rbody:

Water

the

information

(m):

Wate

on

ne:

of

of

Name

(m):

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me Road/La

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Road/Lane

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(acres

Acres

following

(m):

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Water

(m):

information

ADDITION

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of

The which

on

on

Name

Frontage (““03

Road/Lane:

Name

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following The . retained

—

is

Complete

is

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FRONTENAC

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the

ion)

ng

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Addition

Lands

(Severed

this section ONLY the land intended to

SOUTH

Benefit!

regarding addition.

Existing (Before

lot

parcel):

OF

regarding

Proposed

TOWNSHIP are

(After

Enlarged

known

severed

you

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if be

CONSENT

Lot

the

Addl

Lol

as

with

on) ed

add

and

for

land

Retained

applying (created)

APPLICATION

Page 51 of 108

1 1.

of

Lot:

list

of

Lot:

Number

(NEW

Type

falling

lands

of

the

Other:

Lake

Privately water

lot

existing

Cannot

and

owned and

lands:

Depth:

OF

—

the of shifted

WATER

entrance.

be

operated

effect

848 Burnt

Complete

and

well

(Indicate

The

easement further

Cl El

El

section

Parcel

by

Privately

Other:

the

lines.

water

owned

water

water

and

#2

be

the

are

Benefitt ing

p r o v i d operated e d ):

of

will

system

portion

benefit: will Severance

Area:

ONLY

APPLICATION

you

that

if

which

over

Municipal

Lake

method

be

property sight to

will

the due

800

Road

Retained

the

easement

east

and

Hills

Width:

this

Retained Lands:

CONSENT

STRUCTURES.

FRONTENAC

1029-070-060—31

—

USES

SOUTH

WAY

Addition:

proposed

OF

Lands:

system

Paroel

Proposed

water

Severed

severed

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purpose

share

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LOT)

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driveway

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RIGHT

right-of-way

&

existing

Sketch

of

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of

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on

must

or

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Describe the The existing

Roll

Civic

Length:

address

EASEMENTS

Buildings/Structures:

Proposed

Use

Proposed

easement

E ‘3

the

ting Buildings/Structures:

Exi

U se

Existing

Please

TOWNSHIP

Page 52 of 108

there

please

Please

Name

you

‘3

El

Municipal

Road

highway

—

—

to

seasonally

the

of

be

round

will

Way):

subject

parcel

maintained

year

land

Road

Right

on

will

land

D

by:

as

Hills

Yes

Road

Part

covenant

property?

Burnt

shown

or

interest

D

1

El

Water

right

Lane

A

is

to

(Class

(Class

(Class

(Class

p r o v operated i d e operated d ? ):

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way

Du nkn ow 13R-9494 n

land

Pit

effect:

El

Yes

Plan

its

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the

D

on

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I:

in

Privy/Outhouse

or

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Tank

|:|

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I:|

bed

and

and

system

APPLICATION

Cl

Leaching

system:

owned

owned system

Parcel

III

an

septic

Privately

septic

Publicly

disposal

CONSENT sewage

Retained

covenants?

the

easement

the

whom

each

retained

of

wells

Hills

or

to

restrictive

individual

(How

FRONTENAC

communal

Proposed

SOUTH

or

maintained

access

Road

the

accesses:

Burnt

addition

which

abandoned

Provincial

whether

lot:

(lot

lane

any

property

over

description

Municipal

indicate

retained

The

lot

or

of

access

a

(Class

(Class

(Class

(Class

operated

operated

person(s)

Pit

easements

of the (ifknown):

abutting

for

new

road

an

provide

existing

The

of

aware

of

Tank

OF

System

Bed

and

and

Parcel

Privy/Outhouse

Greywater

Holding

Leaching

the name leased

any

or

list

III Cl

I: D

owned system:

Privately septic

owned system

easement An in favour

Are

If

Yes,

Please charged

15.Are

Disposal

Severed

septic

Publicly

El

Sewage

LOT)

of

(NEW

13.Type

TOWNSHIP

Page 53 of 108

21

the

and how

Official Significant

Plan

subject Protection

lands?

the

FRONTENAC

Wetlands

of

(EP)

(Check

the

subject

lands?

WWW.frontenacmaQs.ca)

facilities the deeded

and

CONSENT

and docking parking the from land subject properties MUST be legally

e

Ities

Designation

only

access

the

facl

desc

only, of these

Environmental

of

Provincially

Current

and

zoning

describe

is

(RU)

the

Lot:

water

SOUTH to be nearest access.

an d Please public

used

APPLICATION

Please

. Is the -Yes

explain:

application

I:

speci?c

No

consistent

[3

the

Unknown

with 2020

existing

the

[end

term

is

Policy;

lot creation The proposed

of

Provincial

(2.1.1).

severance

permitted

housing

Statement?

(1.1

stock

encouraged will

comply

.5.2).Development

is

with

the application conforms Township with the Official Plan & Count applicable sections and sub sections. Please make sure to look a Township Of?cial Plan and Section 3 in the Plan. County Official are If you ut that do not you know. n Severances to permit uses residential are permitted in the Rural designation s (Twp OP the lot meet will the minimum size and frontage 76m of / 2ac (Twp OP 5.7.4[ii]). u Pursuant to Section of the 7.1 Twp the size the of is parcel appropriate to OP. avoid r development. the parcel is not prone to ?ooding can achieve access and complies e. Pursuant to 3.3 Section of the County low density OP residential is desirable, residential permitted rural lands preserved character be will a and could be dwellino built th on with direct access to Burnt Hills Road, e adequate room site, servicing for and landscaping

by

Please citing 7 in the indicate

Rural

What

Rural

is

Retained

The

Lot:

for

OF

rural areas a In housing of mix and conservation rural lands development residential inoludinq compatible with the rural landscape (1 1.5.4). Natural heri atures f wi rote d for

18.What

water

TOWNSHIP

distance

by

New

is

The

confirmation.

If access approximate and Docking

Page 54 of 108

25.ls

Has

the

Subdivision

the

—

applicant

current

previous

Yes

transfer;

previously

Zoning

SKETCH “A guide required be required

A

be

including

to Completing shows survey

must

SOUTH

For

provide owner 50 of

the

of

and

Official

land

for

a

the

Act.

land.

of

a

that there than the

land?

D

D

No

no

land

is

confirmed

September

OP

Yes

that

EIEIEIDUED

a

2000’ ?

e

ease ment. r

All

sho w, ne w

abutting Could

through Yes

land

Unknown

for

section

a p pr to an oo all applicabl vf fi e al c i a l

APPLICATION

Application

consent?

was

since land.

retained

other

result

of

El

pre-date cut-off

All

Date

this

property, of the

uses

statement

as

17,

subject

July

lawyer’s

of

the

No

CONSENT

subject of an application Act, for a consent under plan. or for an amendment zoning order? Complete

the

Number

Known

the subject Planning

a

subject

Certificate

the

registered

from transferee

Not

Application

El

currently, Planning a of site Minister’s

FRONTENAC

more information what on the sketch needs to your consent application form”. If your is approved application different frontages, area and location than was a submitted, submission of a new application and fees."‘

a

submitted.

the section

must

acquire

by

requesting

owner

were

of

Yes

51

been,

OF

is or the of for approval by—Iaw or a

severed

IX

name

Order

Amendment

severances

been date of

Cl

land

Minister’s

By-law

Zoning

Amendment

Approval Plan

Plan

Variance

of

Type

Of?cial

Site

Minor

Consent

Plan

a

If yes the applicant lands that are owned without contravening

*‘

Did

for

amendment

land ever under section minor variance, the to zoning

the subject subdivision

Act.

provide

**The

Has

of

Application

TOWNSHIP

Page 55 of 108

Note:

‘2’

current

and

owner

each

Barns

any opinion

include

the

it

The

is

unopened

location.

an

width and road

top

affect

of

septic

require compati

land

that

natural application

(if

any a

from

roads public

the

nearest

is

or

please

road,

or

a

or

roads,

and

road

to

on

we tla nd s,

l a n d

such

land, or a

indi atin

as

right

above)

applicatio n.

Distance with the

approximate

subject

the

is road

banks,

your

listed

property,

(as

on

Minimum check

stream

railways,

of:

property

a

private

the

the

indicate

features

abutting

surrounding

travelled

river

bridges,

location

applicable)

bridge

near

that

switch ing

fr o nt a the proposal g . es railway Cr os originally sin g

application.

APPLICATION

the part hectares),

lands

or

the

to complete issues. Please farm structure,

pits

artificial

an ty any

and

ditches,

(if

subject

road,

other

(acres

parcel

on

LABEL

as

CONSENT

shown.

owns

area

systems,

within

and

of

drainage quarry‘s

also the

page. property.

total

the

metric

are

located on the the approximate

and

agricultural. new lot).

of

on the

are

show and

implications

allowance,

name

land

of

whole the

property

severed

will

facility.

barn consider

information may

wells

watercourses, propane

the

that and

land.

Please indicate the current uses agricultural and commercial uses barn structure from the proposed

applicant’s

Please

Department

features label

Buildings,

nearby to

subject

subject

previously

the

the

subject

of

and

at

following:

same both

FRONTENAC

the unless

SOUTH include

the of including waterbodies.

North

the

retained.

Please

in order regarding

of

Landfills,

d.

a

Existing

c.

the

OF must acceptable

dimensions

with

be

land

arti?cial

of

all

Waterbodies,

of

b.

areas

be

and

between

for

to

arrow

Is

not

sketch include

will

the

a.

property.

existence Calculation

The

the

owner

location

natural All subject

The

‘3’

if

distance

Indicate

The

must

feet

that

boundaries that

part

directional

roads/lanes

The the

A

E

E

sketch

and

meters

The

note

Please

TOWNSHIP

Page 56 of 108

The

The

to

location any

of

used,

abandoned

nature

be

land

on the property

affecting

documents

please

AGREEMENT

title

only,

FRONTENAC

the

CONSENT

AND

subject

DECLARATION

land.

OF

ADDITIONAL

We,

applicant

of

the

agency

application

payment

this

commenting

to

and and

than

30

municipality,

Incurred exceed

by

days.

the

foregoing, incurred

from

been

the further appealed

authority,

Council.

arising applicant,

the

payment

to

application review

the

AGREEMENT

fee,

to fees. TO

of

South payment

INDEMNIFY

additional

Township

and

Frontenac (or

the

acting

o

proof

in

the of

ect payme nt)

corr

legal review m the need arise, ay application be to

agent

indemnify and save harmless The Corporation the of ipality”) from all costs and expenses that the Municipality the of applicant’s application for approval under the Pl an ni such costs include all legal, will engineering, planning, n or payable the Municipality by to process the application g from or incurred connection in with the Municipality be to at in appear the hearing of any appeal to Ontario the La g Delegated Decision nd of Council, or Committee of Adjust as the case ments, hearing may be, the applicant’s application.

is

for

and/or and/or Should

REQUIREMENTS

agrees to provide the Municipality, upon request and in to the Ontario Land with a deposit (over and Tribunal. which the Municipality time time may, from to charge any fees the Municipality to prepare for and the participate in such hearing. If a the deposit, Owner/Applicant shall the pay difference forthwith bei upon with interest the at rate ng of 1 .25% per month (15% per annum) on accounts

fee),

Owner/Applicant has

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Page 57 of 108

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Page 58 of 108

While the County makes every effort to insure that the information presented is accurate for the intended uses ofthis map, there is an inherent error in all mapping products, and accuracy ofthe mapping cannoi be guaranieed for all possible uses. This map displays basic topographic feaiures only,

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1. Proposed Severance #2 willinclude a new over the existing driveway in favour ofthe Retained Lands.The driveway willbe shared between the two lots. Based on staff consultation a new entrance cannot be approved further east ofthe existing driveway due to sight lines along Burnt HillsRoad. 2.The location ofthe ProvinciallySigni?cant Wetland Area derived from mapping provided by the Cataraqui Region Conservation Authority showing the location of the wetland

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Page 59 of 108

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Page 68 of 108

April 30, 2024

File: SEV/FRS/85/2024 SEV/FRS/86/2024

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

Application for Consent to Sever PL-BDJ-2024-0011 & PL-BDJ-2024-0012 Pt Lot 29, Concession 11; 848 Burnt Hills Road Storrington District, Township of South Frontenac Waterbody: Beacon Point Provincially Significant Wetland, Unnamed Watercourses, and Unevaluated Wetlands

Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for consent to sever and offer the following comments for the Land Division Committee’s consideration, based on our role as a commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06). Summary of the Proposal PL-BDJ-2024-0011 This application involves the severance of an approximately 4.83 ha (11.94 acre) vacant parcel from a large residential property. The severed parcel is proposed to be used for new residential building purposes. PL-BDJ-2024-0012 This application involves the severance of an approximately 3.24 ha (8 acre) vacant parcel from a large residential property. The retained vacant lot would be approximately 57 ha (141 acres) and will continue to be used for residential purposes. The severed lot will be used for future residential development. An easement is proposed over the existing driveway on the severed parcel in favour of the retained lot. Site Description The subject lands are located on the north side of Burnt Hills Road and occupy Lot 29 in Concession 11 of Storrington District in South Frontenac Township. The severed lots are proposed in the southwestern portion of the subject lands, with both the retained and severed lots maintaining road

Page 69 of 108

Page 2 of 3 frontage on Burnt Hills Road. The subject lands consist of woodlands, cleared areas, and low-lying wetlands. The rolling topography of the severed parcels gradually slopes down to the northern woodlands, where the wetlands are located. There also appears to be a few small ponds / wetland cells in the centre of the severed parcels which are likely hydrologically connected to the PSW to the north by a network of watercourses. The eastern portion of the retained parcel which fronts on Burnt Hills Road consists of a relatively steep and high embankment, that rises towards Burnt Hills Road and the eastern property line. The subject lands are designated ‘Rural’ and ‘Provincially Significant Wetlands’ per Schedule A of the Township’s Official Plan and are zoned ‘Rural’ (RU) and ‘Environmental Protection’ in the implementing Zoning By-law. The boundary for the Environmental Protection zone coincides with the provincially significant wetland on site. Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with the surface water features and the protection of the hydrologic function of the wetlands. Natural Hazards Surface Water Features As noted, the undulating topography on this property creates a series of low-lying ponds and wetlands that may be hydrologically connected to the Beacon Point Provincially Significant Wetland, and subject to O. Reg. 41/24. A suitable buffer area is necessary between any new development and the water features, as a buffer acts to protect the hydrologic function of these features and to avoid damaging flooding of property and erosion normally associated with these features. Cataraqui Conservation does not have floodplain mapping in this area – consequently we require a minimum 30 metre buffer (setback) horizontal from the highwater mark of watercourses, waterbodies, and wetlands for any development. The 30 metre setback is consistent with the 30 metre setback in the Township’s zoning by-law. As proposed, both severed parcels will have sufficient area to accommodate new development outside of the 30 metre setbacks from the watercourses, waterbodies, and wetlands identified on the subject lands. The retained lot, which is already developed, will be sufficiently sized to accommodate future development well back from these features and 30 metre setbacks. Recommendation Staff have no objection to the approval of applications PL-BDJ-2024-0011 and PL-BDJ-2024-0012 based on our consideration for natural hazard and regulatory policies. Ontario Regulation 41/24 Please note that portions of the subject lands are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06), 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 Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 • CataraquiConservation.ca

Page 70 of 108

Page 3 of 3 the changes do not put other properties at greater risk from these hazards. Also, to ensure the protection of wetlands. Current and future landowners are advised to contact CRCA before considering any work within 30 metres of the wetlands, waterbodies, and watercourses. Please inform this office of any decision made by the Committee with regard to these applications. 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, RPP, MCIP Resource Planner Cc:

ZanderPlan Inc., Agent, via e-mail

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

Page 71 of 108

Report from Public Services PL-BDJ-2024-0012 Application Number: ___________________________________________________ Micheal George Wiley Applicant’s Name: _____________________________________________________

11 PT Lot 29 Storrington Lot: _______________District:

Concession: _________________ Burnt Hills Road Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

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

✔ Yes □

No □

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

Road Conditions:

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

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

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

Local road - rural classification.

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

Retained Parcel would not be able to achieve safe access from its Frontage with respect to sitelines.

Signature on behalf of Public Services

2024-04-24

Date

Page 72 of 108

Township of South Frontenac Building Department 4432 George Street, Box 100 Sydenham, ON K0H 2T0 613-376-3027 www.southfrontenac.net

Sewage System Review Comments To:

Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George Street, PO Box 100 Sydenham, Ontario K0H 2T0

Application Number:

PLBDJ20240011

Type of Application or Proposal:

Planning Sewage Review - Consent Application

Applicant: (if applicable) Agent:

Location:

WILEY MICHAEL GEORGE Zanderplan 102907006031800 848 BURNT HILLS ROAD CON 11 PT LOT 29 No objection to the creation of the proposed severed parcel.

Comments:

Two test holes, both between 1.2 and 1.5 metres deep and containing a clay material, were dug within the first 90 metres from the edge of Burnt Hills Road on the proposed severed parcel.

Building Inspector: Matthew Doyle Date:

April 19, 2024

Page 73 of 108

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: May 9, 2024 Subject:

Consent Application PL-BDJ-2024-0012, Wiley, 848 Burnt Hills Road, Storrington District

Summary Two consent applications were submitted concurrently for the subject lands. One of the consent applications meets all the By-law 2020-27 criteria for an “undisputed” consent application. The other application does not meet the criteria. For this reason, the Committee of Adjustment is being asked to make decisions on both the consent applications. This report recommends denial of application PL-BDJ-2024-0012 (Lot 2).

Background The purpose of the application is to create one new rural residential lot. The retained parcel will continue to be used for residential purposes. Related Applications The lands are also subject to consent application PL-BDJ-2024-0011 (Lot 1). Application Details The proposed severed parcel for application PL-BDJ-2024-0012 (Lot 2) would have an area of approximately 8Ac with 76m of frontage on Burnt Hills Road. The retained parcel would be approximately 140.98Ac of area and 78.2m of frontage if both Lot 1 and Lot 2 were approved. The application also proposes to create a new right-of-way over the Lot 2 to allow access to the retained parcel. Designation and Zoning The subject property is designated Rural and Provincially Significant Wetland in Schedule A of the Township Official Plan. The property is zoned Rural (RU) and Environmental Protection (EP) in Zoning By-law No. 2003-75. Review

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

Page 74 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0012, Wiley, 848 Burnt Hills Road, Storrington District

✔ Conforms to section 51 (24) of the Planning Act; ✔ Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act); ✔ Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act) ✔ Conforms to the County of Frontenac Official Plan (s. 3.3 & 7.1) X

Conforms to the Township of South Frontenac Official Plan (s. 5.7.4 & 7.1)

✔ Complies with Zoning By-law No. 2003-75 (or will comply subject to a standard condition of rezoning or minor variance); and ✔ Has no unresolved objections/concerns raised from agencies of the public.

Property Description The subject property is approximately 160.9 acres with frontage on Burnt Hills Road. Development is isolated to the eastern portion of the property and consists of a single dwelling. The subject property consists of woodlands, cleared areas, and low lying wetlands. The area immediately adjacent to Burnt Hills Road is mostly cleared of trees and features and unevaluated wetland feature and a small pond with hydrological connections to the Beacon Point Wetland Complex. The remainder of the property is mostly characterized by mixed forest and some scattered low-lying wetland areas. One of these wetland features (Beacon Point Wetland Complex), whose boundary is setback approximately 400m from Burnt Hills Road, is classified as Provincially Significant (PSW). The area of the proposed severance extends from Burnt Hills Road to the boundary of this PSW. Topography varies significantly across the extent of the subject property. The area adjacent to Burnt Hills Road are predominantly flat. However, the area of the proposed retained lot adjacent to Burnt Hills Road features steeply sloping topography, rendering a majority of this frontage unusable. The surrounding area consists primarily of rural residential and agricultural uses.

Department and Agency Comments Cataraqui Conservation provided comment on April 30, 2024. CRCA Staff have no objection to the approval of the consent application based on consideration for natural hazard and regulatory policies. Staff note that portions of the subject lands are subject to Ontario Regulation 41/24. Current and future landowners are advised to contact the CRCA before considering any work within 30m of the wetlands, waterbodies, and watercourse Public Services provided comment on April 24, 2024. It was noted that there are adequate sight lines to permit an entrance from Burnt Hills Road to Lot 2. However, the retained parcel would not be able to achieve safe access from within its frontage due to limited sight lines. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 75 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0012, Wiley, 848 Burnt Hills Road, Storrington District

Building Services provided comment on April 19, 2024. Building Services Staff have no concerns with the application. There is enough area on the proposed severed lot to accommodate the installation of a sewage system. The details and location of the system would be determined during the building permit phase.

Public Comment No comments were received from the public at the time of the writing of this report.

Planning Analysis Minimum Distance Separation from Livestock Facilities In conformity with the PPS, the Township Official Plan requires all division of land for nonfarm uses to comply with the Minimum Distance Separation Formulae I (MDS I) (Section 7.1(I)). The Township Zoning By-law also requires residential development to comply with MDS I. Township Planning Staff identified two livestock facility within 750m of the proposed severed lot which warranted further investigation. The applicant’s agent calculated MDS I setbacks for both facilities. The following table identifies the actual and required MDS I setback for the livestock facility and related manure storage. Location of Livestock Barn and Manure Storage 702 Burnt Hills Road

Actual Distance from Livestock Barn to Lot 2 (Metres) 525

878 Burnt Hills Road

Minimum Required MDS I Setback (Metres)

181

133 81

The applicant’s agent also submitted a sketch confirming a development envelope on the severed parcel that would meet the minimum required MDS I setback from the surrounding barns, as well as all other required zoning setbacks. Rural Residential Development The PPS allows growth and development to be directed to rural lands, including lot creation that is locally appropriate. The County Official Plan and the Township Official Plan also permit residential development in the Rural Designation. Section 5.7.4 of the Official Plan indicates that a maximum of three rural residential lots may be created by consent from landholdings provided that the new lots meet the General Consent Policies, as well as all other applicable policies. There have been no severances

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

Page 76 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0012, Wiley, 848 Burnt Hills Road, Storrington District

from the property since the adoption of the Township Official Plan. Therefore, the subject property is eligible for severance. The owner demonstrated to the satisfaction of Building Services that the severed parcel would have the ability to be serviced by a private sewage disposal system. The Township typically requires the ability to be serviced by private well to be demonstrated as a condition of consent approval. Section 5.7.4 requires the frontage, size and shape of any lot created for rural residential purposes through the severance process to be appropriate for the proposed use and to conform to the provisions of the Zoning By-law. Lot 2 would exceed the minimum 0.8 hectares of area and satisfy the minimum 76m of frontage on a public road. The retained parcel would also exceed the minimum 0.8 hectares of area and appears to satisfy the minimum 76m of frontage. Should it be determined that the retained parcel had deficient frontage, a minor variance would be required. Due to topographical constraints and road curvature along this portion of Burnt Hills Road, the frontage of the retained parcel is unusable and incapable of permitting safe access. For this reason, the applicant is proposing to use the existing entrance as a shared entrance for Lot 2 and the retained lands. The entrance would be located on Lot 2. The application requests consent for the creation of a right-of-way over the existing driveway that would be on the severed parcel to maintain access to the dwelling on the retained parcel. The proposed right-of-way would extend from the existing entrance northward through the middle of Lot 2, before crossing the shared lot line with the retained lands. The proposed right-of-way would have an approximate length of 100 metres. The creation of this right-of-way could have implication for the development potential of Lot 2. For example, any future development on Lot 2 would require a minimum 5m setback from the right-of-way as well as a minimum 30m setback from the low-lying pond feature. This would limit the potential building envelope on the south half of Lot 2 and could push development to the North where environmentally sensitive features exist. These features include a Provincially significant wetland. It is the opinion of Township Planning Staff that all new rural residential severances and their retained lands should be capable of having an entrance from within their frontage. This opinion is supported by the General Consent policies of the Official Plan (Section 7.1). Policy 7.1h) states that all new lots (excluding limited service residential lots) shall front onto and gain direct access from an existing public road. Additionally, policy 7.1i) states that consents should not be granted for lands where a traffic hazard could be created due to limited sightlines. Policy 7.1r) states that the Township will consider applications in light of the number of accesses being created on Township Road and may at their own discretion require the use of shared entrances with an abutting property. Planning Staff interpret policy 7.1r) as being reserved for circumstances where an entrance could be located (i.e., satisfies Public

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

Page 77 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0012, Wiley, 848 Burnt Hills Road, Storrington District

Services sight line requirements), but due to a high concentration of existing entrances in close proximity, it would not be safe to allow another. In reviewing this application, Township Staff also had consideration for the Township of South Frontenac Policy on Entrances onto County Roads (March 20, 1996). This document would have been considered during the preparation of the Township Official Plan and can be used to provide context on its intent. The document defines a shared entrance as situated in urban areas and serving more than one commercial or industrial building. Further, Policy 4.15 states that the Township of South Frontenac supports the use of shared entrances as a means of reducing the number of commercial and industrial entrances. Therefore, it is the opinion of Planning Staff that the Township Official Plan never intended for shared entrances to be used when creating new residential lots. Permitting shared entrances for residential land uses may also have implications on civic addressing and emergency services. The standard when locating a new civic blade is that it be located at the beginning of the driveway serving the dwelling. In the case of a shared entrance for more than one dwelling, multiple civic blades must be placed in the same location. This can create confusion and delay when emergency services are attempting to enter a property. This issue is further compounded when dwellings have large separation distances, or in the case of additional dwelling units being built on either the severed or retained lands. Conclusion It is the opinion of staff that the application does not conform to the Township of South Frontenac Official Plan, as it would result in a retained parcel with frontage that is unusable and unsafe for a road entrance due to topography and road curvature. It would not be desirable to allow the creation of a residential lot which result in a retained parcel that cannot be safely accessed from within its own frontage.

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

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

Recommendation

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

Page 78 of 108

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0012, Wiley, 848 Burnt Hills Road, Storrington District

It is recommended that application PL-BDJ-2024-0012 be denied. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 79 of 108

Page 80 of 108

Page 81 of 108

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Page 84 of 108

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Inset Map

331%. SOUTH F R0 NTE NAC

425 SHIPTON LANE

PL-ZNA-2024-0030

(BISSONNETTE) 443 SHIPTON LANE Legend

D

Subject Property

////

Provincially Signi?cant Wetland Wetland

443 SHIPTON LANE

–

Wooded Area Lake Trout Lake At Capacity

Lake Trout Lake Not at Capacity

Non-Lake Trout Lake At Capacity

Waterbody

LANE SH’PTON

I Township Boundary Road

447 SHIPTON LANE DEVIL LAKERD

Page 87 of 108

177 MONARCH LANE

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2024. 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: 1:450

482 SHIPTON LANE

UTM Zone 18 NAD 83 Date: 2024-04-1 2

443 Shipton Lane, South Frontenac Setbacks: Dwelling – 3M, Water – 11M, Property Lines – 3M, 12.5M & 30M N← Lot Size 1273m 30M

Page 88 of 108

Proposed Shed

Holding Tanks

Bunkie

Existing Shed

Dwelling 3M | High Water Mark (11M) | Property Lines (3M, 12.5M, 30M) | Septic 2M

Holding Tank Site Plan October 2020

443 Shipton Lane

Page 89 of 108

443 Shipton Lane Shed Plan

Length 4.8m Width 3m

Page 90 of 108

Page 91 of 108

ENV’I NOldIHS SW

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Page 92 of 108

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Page 93 of 108

Page 94 of 108

File: F-54/24-Dev Lk

ROUTINE PERMIT - ONTARIO REGULATION 148/06 APPLICATION F-54/24-DEV LK PT LOT 11, CON 12; 443 SHIPTON LANE, TOWNSHIP OF SOUTH FRONTENAC ARN: 10290100302810000000 WATERBODY: DEVIL LAKE

‘

Region I Cataraqui Conservation Authority

This permission does not relieve you from compliance of any other applicable federal, provincial or municipal statutes, regulations or by—laws. If you require any further information about the project do not hesitate to contact me.

This permission is valid from March 13, 2024 to March 13, 2026. Please advise this office when the work is completed.

In accordance with Ontario Regulation 148/06: Development, Interference with Wet/ands & Alterations to Shorelines & Watercourses made pursuant to Section 28(1) of the Conservation Authorities Act. R.S.O. 1990, this Routine Permit Letter approves the proposed work provided that all works are completed in accordance with the approved application form dated February 26, 2024 and attached as Appendix A, and the approved plans dated March 13, 2024 and attached as Appendix 81-83.

Staff of this Conservation Authority (Cataraqui Conservation) have reviewed the application that you submitted on February 27, 2024, for the works at the above-noted location. The proposed work involves development, with the construction of a 14.4 sq. m. shed and associated excavation, grading and placement of fill. The work will occur within a regulated area associated with Devil Lake.

RE:

Dear Ryan Bissonnette,

Ryan Bissonnette 112 George Street Toronto, Ontario M5A 2M5

Sent Via Email

March 13, 2024

I

Page 95 of 108

Online

0 W

H

:—

February 29, 2024

”W

EW / FW:

'

'

Email Address

Primary Phone Number

Concession 12 Concession(s)

Lot(s)

Email Address

Lot 11

Propertylnorfmation

Primary Phone Number

City/Province

Mailing Address

Postal Code

Company Name (if applicable)

Name

n/a

ryanbissonnette@gmai|.com

416-821—1924

M5A 2M5

City/Province

Postal Code

Toronto ON

Mailing Address

Company Name (if applicable)

Routine

112 George Street

Property Owner Name(s)

Ryan Bissonnette

conservation

CGtGrQqUI

February 27, 2024

Major/ Minor/ Routine:

DateReceived:

Please read, complete each section as required, date, and sign the application form.

Date of Complete Application:

Amount, Paid: ,$ 200.00

Of Payment:

Method

File NO-I F-54/24-D9V Lk

orrrée Use Only

For Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Ontario Regulation 148/06

Permit Application

Page 96 of 108

Description of Works (required

Well (excavated, blasted or dug) Septic (placement & grading of fill)

Other:

Dredging

Drainage works and ditching

Landscaping

Does the proposal meet the applicable municipal zoning

Planning Details

WW

Please see attached document.

Construct a shed.

3 Yes

No

Unknown

“see attached” is not suf?cient, please include brief description)

Shoreline work / retaining walls / erosion control

New permanent dock / dock repair

Description of proposed work: (Required

Site grading / placement or removal of fill

Addition to existing building / structure

is not sufficient)

New decking / decking repair with new footprint

Completion Date

Anticipated Start Date

3 New building / Structure (> 10 sq. meters)

Channel Length (m)

June 1

Shoreline Length (m)

May 1

Structure Size (sq. m)

n/a

Structure Dimensions (m)

n/a

Area of Grading (sq. m)

158

complete all applicable fields “see attached”

FillVolume (cu. m)

4.8 X 3.0

129.6

May 2, 2024

File: MV/FRS/95/2024

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

Application for Minor Variance PL-ZNA-2024-0030 Pt Lot 11, Concession 12; 443 Shipton Lane Bedford District, Township of South Frontenac Waterbody: Devil 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 construction of an accessory building and holding tank on the subject property. The permission is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 11 metres to permit the construction of the accessory building and septic tank.

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 Devil Lake. Natural Hazards Flooding: The highest recorded water level for Devil Lake is 136.96 metres geodetic. For Devil Lake, the highest recorded water level is used in lieu of an engineered flood plain. CRCA planning and permitting policies 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 outside of the regulatory floodplain and applicable setback. Erosion: CRCA, in accordance with provincial technical standards, defines the extent of potential erosion hazards to be 6 metres from the stable top of bank. Based on the site plan submitted with the application, the proposed accessory structure and holding tank will be located outside the extent of the erosion hazard limit. Staff have no concerns from a natural hazards or regulatory perspective.

Page 1 of 2

Page 97 of 108

Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2024-0030 based on our consideration for natural hazard policies. Ontario Regulation 41/24 Please note that portions of the subject lands are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06), 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, CRCA regulates development and site alteration within 15 metres of the floodplain and top of bank. Staff note that a CRCA permit has already been issued for the proposed development. 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, RPP, MCIP

Page 98 of 108

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: May 9, 2024 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2024-0030, Bissonnette, 443 Shipton Lane, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for an accessory building, 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 Section 5.8.2(a) – to permit an accessory building to be a minimum of 11m from the highwater mark of Devil Lake, whereas a minimum 30m setback is required for all buildings and structures. Section 10.3.2(a) to permit an accessory building to establish a minimum 11m front yard, whereas a 30m front yard is required for accessory buildings. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion Property Description The property is approximately 0.12ha in area and has 36m of frontage on Devil Lake and 19m of frontage on Shipton Lane. The property is approximately 50m in depth from the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 99 of 108

Township of South Frontenac Staff Report - PL-ZNA-2024-0030, Bissonnette, 443 Shipton Lane, Bedford District

shoreline to the rear lot line. Shipton Lane runs across the back of the property. There is a slope down to the waterfront from Shipton lane with a difference in elevation of 15m from the lane to the waterfront. The existing dwelling and accessory buildings are grouped together in a more level area that is in the eastern half of the property closer to the waterfront. The property, including the slope behind the dwelling, is primarily treed with the exception of developed areas. The property is located in an area of similar waterfront residential development. Summary of Proposal The Owner proposes to construct a 14.4sqm accessory building on the property. A minor variance is requested to allow the accessory building to be set back less than 30m from the highwater mark of Devil Lake. The accessory building is proposed to be set back 11m from Devil Lake. The purpose of the accessory building is to have additional enclosed storage in proximity to the existing dwelling for items that are currently stored outside around the dwelling. Agency Comments The CRCA provided comments stating they had no objection to approval of the application. A permit has been issued by the CRCA for the proposed accessory building. The application was not circulated to Building Services as the structure will not require a permit, or Public Services as the property is located on a private lane. 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 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 an accessory building on lands that are designated Rural in the Official Plan on Schedule A. When measured from the shoreline the 30m setback extends roughly halfway up the slope behind the dwelling. Based on the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 100 of 108

Township of South Frontenac Staff Report - PL-ZNA-2024-0030, Bissonnette, 443 Shipton Lane, Bedford District

topography of the site, (i.e. slope from the area behind the dwelling up to Shipton Lane), the proposed location of the accessory building minimizes site alteration required and maximizes the setback of the accessory building from the highwater mark, as intended by section 5.2.7(b) of the Official Plan. Placing the accessory building at the 30m mark or elsewhere on the slope would result in significant tree clearing and site alteration which the proposed location avoids. The accessory building would be located further from the lake than the existing dwelling as the existing dwelling is located between the proposed accessory building and the lake. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed accessory building is a permitted use in the RLSW zone. Meeting the 30m setback from the highwater mark is not possible as this would place the structure on a steep slope that extends up to the rear of the property. The location of the accessory building is at the base of the slope on a more level area in proximity to other existing buildings and structures on the property. The location of the accessory building was designed to maximize its setback from the highwater mark while avoiding significant vegetation removal or site alteration and to provide a practical area for enclosed storage in proximity to the existing dwelling. The proposal will comply with all other zoning requirements including lot coverage. Existing accessory lot coverage is 2.2%, while proposed is 3.3%. This is within the maximum permitted accessory lot coverage of 5%. 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 proposed accessory building which will be constructed on posts. The design of the accessory building and location on the property ensures that the development maximizes the setback from the water while minimizing site alteration and vegetation removal. The structure will be located in an appropriate and practical 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 www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 101 of 108

Township of South Frontenac Staff Report - PL-ZNA-2024-0030, Bissonnette, 443 Shipton Lane, Bedford District

and adjacent properties. The proposed accessory building would be 11m from the water at the closest point. Vegetation would be maintained to provide visual screening from the nearest neighbour and to provide visual screening and buffering to the lake.

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

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0030 for 443 Shipton Lane, subject to the following conditions.

1. The minor variances are for a single storey accessory building with a ground floor area of 14.4sqm. The accessory building is permitted to be set back 11m from the high water mark of Devil Lake. The location of the accessory building on the property must be consistent with the application sketch prepared by the applicant, received April 22, 2024 and attached to the decision as attachment ‘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 Devil 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 must be maintained.
3. A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 102 of 108

Township of South Frontenac Staff Report - PL-ZNA-2024-0030, Bissonnette, 443 Shipton Lane, Bedford District

4. Minor variance PL-ZNA-2024-0030 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 103 of 108

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: May 9, 2024 Subject: Decisions on Delegated Consents

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

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

Discussion/Analysis a) PL-BDJ-2023-0132 (Rivendell) – Portland This undisputed consent was granted provisional consent on April 15, 2024. The purpose of this consent application was for the creation of one new rural residential lot from property addressed as 7359 Road 38. The newly created parcel will be 0.8 hectares in area with 76.2 metres of frontage on Miller Road. b) PL-BDJ-2024-0010 (Promm) (Moore) – Portland This undisputed consent was granted provisional consent on April 15, 2024. The purpose of this consent application was for one rural residential lot addition, being 0.85 hectares in area to be conveyed to adjacent lands at 3567 Murvale Road. c) PL-BDJ-2024-0017 (Hagan) (ZanderPlan) – Bedford This undisputed consent was granted provisional consent on April 15, 2024. The purpose of this consent application was for the creation of one new rural residential lot from property addressed as 4815 Westport Road. The severed parcel, which is developed with a single detached dwelling, is approximately 1.5ha in area with 76m of frontage on Westport Road and 144m of frontage on Hanna Road. The retained lot will be approximately 27ha in area with 345m of frontage on Westport Road and 581m of frontage on Hanna Road.

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

Page 104 of 108

Township of South Frontenac Staff Report - Decisions on Delegated Consents

d) PL-BDJ-2023-0088 (Ball) – Portland This undisputed consent was granted provisional consent on April 19, 2024. The purpose of this consent application was for the creation of one new limited service waterfront residential lot from property addressed as 4293 Miller Road. The newly created parcel will be accessed via a new private lane off of Miller Road. The severed parcel is approximately 1.37ha in lot area with 90m of frontage on the new private lane and 105m of frontage on Vanluven Lake. e) PL-BDJ-2023-0129 (Thake) – Loughborough This undisputed consent was granted provisional consent on April 25, 2024. The purpose of this consent application was for the creation of one new rural residential lot from property addressed as 2015 Eel Bay Road. The severed parcel is to be 0.8 hectares in area with 95.5m of frontage on Eel Bay Road.

Attachments Appendix A – Mapping of application(s) Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Brad Wright, Director of Development Services

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Page 105 of 108

Township of South Frontenac Staff Report - Decisions on Delegated Consents

APPENDIX A

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

Page 106 of 108

Township of South Frontenac Staff Report - Decisions on Delegated Consents

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

Page 107 of 108

Township of South Frontenac Staff Report - Decisions on Delegated Consents

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

Page 108 of 108

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