Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: July 10, 2025 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, July 10, 2025 Storrington Centre/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
a)
There are none.
Approval of Minutes – June 12, 2025
a)
Resolution.
Consent Applications from a Previous Meetings: (if applicable)
New Consent Applications:
a)
PL-BDJ-2025-0023 (Dog Lake Dreams Inc) (Freeman) - Storrington District
5 - 11
12 - 37
Property Address: 5007 Battersea Road Purpose & Effect of the Application: The proposal is to sever a new lot from the property . The severed parcel would be approximately 2 acres in area with approximately 50 metres frontage on Battersea Road. There is currently a residential dwelling and two storage buildings on the proposed severed lot. The retained parcel would be approximately 84 acres in size with approximately 70m of frontage along Battersea Road. The lands to be retained are currently vacant. Minor variances are being
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requested to allow both the severed and retained lots to have less than 76 metres road frontage. b)
PL-BDJ-2025-0051 (Carey) (Boulevard Grp.) - Storrington District
38 - 90
Property Address: Unaddressed lands on Washburn Road (ARN: 102906003007000) Purpose & Effect of the Application: The proposal is to sever two new lots from the property. Both severed parcels would be 0.8 ha in area with 72.5m of frontage along Washburn Road each. The area along Washburn Road consists of farm fields. The retained parcel extends from Washburn Road to Bear Creek Road which has a dwelling at the south end. The retained parcel would have a frontage of 54.6m along Washburn Road and a 400m frontage along Bear Creek Road. Minor variances are being requested to allow the severed lots to have less than 76 metres road frontage. c)
PL-BDJ-2025-0052 (Carey) (Boulevard Grp.) - Storrington District
91 143
Property Address: Unaddressed lands on Washburn Road (ARN: 102906003007000) Purpose & Effect of the Application: The proposal is to sever two new lots from the property. Both severed parcels would be 0.8 ha in area with 72.5m of frontage along Washburn Road each. The area along Washburn Road consists of farm fields. The retained parcel extends from Washburn Road to Bear Creek Road which has a dwelling at the south end. The retained parcel would have a frontage of 54.6m along Washburn Road and a 400m frontage along Bear Creek Road. Minor variances are being requested to allow the severed lots to have less than 76 metres road frontage. 8.
Minor Variance / Permission Applications from a Previous Meetings: (if applicable)
New Minor Variance / Permission Applications:
a)
PL-ZNA-2025-0024 (Dog Lake Dreams Inc) (Freeman) - Storrington District
144 167
Property Address: 5007 Battersea Road Purpose & Effect of the Application: The proposal is to sever a new lot from the property . The severed parcel would be approximately 2 acres in area with approximately 50 metres frontage on Battersea Road. There is currently a residential dwelling and two storage buildings on the proposed severed lot. The retained parcel would be approximately 84 acres in size with approximately 70m of frontage along Battersea Road. The lands to be retained are currently vacant. Minor variances are being requested to allow both the severed and retained lots to have less than 76 metres road frontage.
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b)
PL-ZNA-2025-0060 (Delage) - Bedford District
168 202
Property Address: 282 Island Drive Lane Purpose & Effect of the Application: The applicant proposes to replace the existing dwelling with a larger dwelling further from the shoreline. The proposed dwelling would have a ~182.9sqm walkout basement, a ~182.9sqm main floor, a 41.4sqm second storey loft, and ~90sqm of attached decking. The structure requires zoning relief to permit a 15.3m (50ft) setback from the highwater mark of Bob’s Lake and the front lot line, a 5m (16.4ft) setback from the top of bank and to establish a lot coverage of 8.5%. c)
PL-ZNA-2025-0061 (Carey) (Boulevard Grp.) - Storrington District
203 227
Property Address: Unaddressed lands on Washburn Road (ARN: 102906003007000) Purpose & Effect of the Application: The proposal is to sever two new lots from the property. Both severed parcels would be 0.8 ha in area with 72.5m of frontage along Washburn Road each. The area along Washburn Road consists of farm fields. The retained parcel extends from Washburn Road to Bear Creek Road which has a dwelling at the south end. The retained parcel would have a frontage of 54.6m along Washburn Road and a 400m frontage along Bear Creek Road. Minor variances are being requested to allow the severed lots to have less than 76 metres road frontage. d)
PL-ZNA-2025-0066 (Brown) (Garrah) - Storrington District
228 255
Property Address: 3382 Lakeside Road Purpose & Effect of Application: To request permission under section 45(2) of the planning act to enlarge the legal nonconforming dwelling within 30m of the highwater mark of Loughborough Lake. The applicant proposes to enlarge the existing 353sqm one and a half storey dwelling . The applicant is proposing to expand the gross floor area of the existing dwelling by enclosing an existing ground floor porch area within the existing building footprint. The expansion of the gross floor area is proposed to add 11.8 sqm of living space to the gross floor area of the existing dwelling. The proposed new enclosed area is proposed to be used as a home office space.
Other Business
a)
Delegated Authority Consent Report
Adjournment
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a)
Resolution.
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Minutes of Committee Of Adjustment June, 12, 2025
Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # 2025-05 Time: 7:00 PM Location: Storrington Centre/Virtual Via Zoom Present: Norm Roberts, Ray Leonard Steve Pegrum, Scott Trueman, Alan Revill, Mike Howe Absent: Brett Moreland Staff: Christine Woods, Senior Planner, Noah Perron, Planner, Colin Herrewynen, Planner, Kate Kaestner, Planning Clerk & Secretary-Treasurer 1
Call to Order
a)
Resolution.
Resolution No. 2025-05-01 Moved by: Mike Howe Seconded by: Alan Revill THAT the June 12, 2025 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby called to order at 7:00 PM Carried 2
Adoption of Agenda
a)
Resolution. Resolution No. 2025-05-02 Moved by: Mike Howe Seconded by: Alan Revill THAT the Committee hereby adopts the Agenda for the June 12, 2025 Committee of Adjustment meeting.
Carried
3
Electronic Meeting Information
a)
Committee of Adjustment meetings are conducted in-person and virtually, via Zoom.
b)
PowerPoint Presentation: Staff prepared a PowerPoint Presentation that was displayed on the screen of the meeting.
4
Declaration of pecuniary interest
a)
None declared.
5
Approval of Minutes – May 08, 2025
a)
Resolution.
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Minutes of Committee Of Adjustment June, 12, 2025 Resolution No. 2025-05-03 Moved by: Alan Revill Seconded by: Mike Howe THAT the Committee hereby approves the minutes of the May 08, 2025 Committee of Adjustment meeting. 6
Consent Applications from a Previous Meetings: (if applicable)
7
New Consent Applications:
Carried
8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) 9
New Minor Variance / Permission Applications:
a)
PL-ZNA-2025-0038 (Hewson) - Bedford District Property Address: 287 Island Drive Lane Purpose & Effect of the Application: To request permission under section 45(2) of the Planning Act to enlarge a legal non-conforming seasonal dwelling within 30m of Bob’s Lake. The applicant proposes to rebuild the 114sqm dwelling and 60.2sqm attached deck (w/ stairs) within a similar footprint. The enlarged dwelling would have a gross floor area of 144.5sqm, a ground floor area of 188.8sqm and a building height of 8.4m. The highwater mark setback will be maintained or improved, with the dwelling being setback 13m, attached deck 9.5m, and deck stairs 6.7m. The applicant also proposes to build a 9.1m x 9.8m detached garage. The structure requires zoning relief to have a building height of 9.1m. Noah Perron, Planner, delivered his report to the Committee, with a staff recommendation that the application be approved, subject to conditions outlined in the staff report. Steve Pegrum, Chair of the Committee, inquired as to whether the applicant or their agent wished to address the Committee. Brian Hewson, applicant, thanked Mr. Perron for his presentation and stated that while he had nothing to add, he was present and happy to answer any questions that may arise. Mr. Pegrum inquired (3 times) as to whether any members of the public wished to comment or ask questions regarding the proposal. None heard. The Chair then asked if there were any questions from Committee members regarding the application. None heard. Kate Kaestner, Planning Clerk & Secretary-Treasurer, read the resolution for approval of the application, subject to conditions. Mr. Pegrum gave Committee members the opportunity to comment on the resolution. None heard.
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Minutes of Committee Of Adjustment June, 12, 2025 Resolution No. 2025-05-04 Moved by: Alan Revill Seconded by: Mike Howe THAT the Committee of Adjustment hereby approves application PL-ZNA-20250038, for property municipally addressed as 287 Island Drive Lane, granting permission to enlarge the existing legal non-conforming dwelling within 30 metres of the highwater mark of Bob’s Lake, and to allow a new 9.1m x 9.8m detached garage to have a building height of 9.1 metres, subject to conditions. Carried b)
PL-ZNA-2025-0047 (Armitage) - Bedford District Property Address: 93 Partridge Lane, Unit B Purpose & Effect of the Application: The application seeks zoning relief to permit the construction of a deck addition to an existing cottage. The applicant proposed to replace a ~4.7sqm (50sqft) deck on the waterside of the cottage, with a ~20sqm (215sqft) deck (w/ stairs). The proposed deck requires zoning relief to be setback 4.6m (15ft) from the highwater mark of Bob’s Lake, 6.1m (20ft) from the wetland/flooded area to the west, and to increase lot coverage to 8.5%. The proposed deck would encroach no closer to Bob’s Lake than the existing deck (4.6m), and no closer to the wetland/flooded area than the deck to be replaced (6.1m) or the NW corner of the cottage (~2.1m). Noah Perron, Planner, delivered his report to the Committee, with a staff recommendation that the application be approved, subject to conditions outlined in the staff report. Committee Chair Steve Pegrum inquired as to whether the applicant or their agent wished to address the Committee. The applicant did not address the Committee. Mr. Pegrum inquired (3 times) as to whether any members of the public wished to comment or ask questions regarding the application. None heard. The Chair then asked if there were any questions from Committee members regarding the application. None heard. Kate Kaestner, Planning Clerk & Secretary-Treasurer, read the resolution for approval of the application, subject to conditions. Mr. Pegrum asked Committee members if they wished to comment on the resolution. None heard. Resolution No. 2025-05-05 Moved by: Alan Revill Seconded by: Mike Howe THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2025-0047, for property municipally addressed as 93-B Partridge Lane, allowing a 20 square metre deck to establish a 4.6 metre setback from the highwater mark of Bobs Lake and to allow for the lot coverage of the principal building to be increased to 8.5 %, subject to conditions. Carried
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Minutes of Committee Of Adjustment June, 12, 2025 c)
PL-ZNA-2025-0053 (Frasso) (Stokes) - Storrington District Property Address: 1939 Ormsbee Road Purpose & Effect of the Application: The proposal seeks relief from Zoning By-law 2003-75 section 5.24.1 to permit the lot coverage of all accessory buildings to exceed the lot coverage of the principal structure (dwelling). The applicant proposes to construct a detached garage/workshop with a building footprint of 1800sqft. The proposed structure would increase the lot coverage of all accessory structures (3.8%) above that of the existing dwelling (3.2%). Noah Perron, Planner, delivered his report to the Committee, with a staff recommendation that the application be approved. Steve Pegrum, Chair of the Committee inquired as to whether the applicant or their agent wished to address the Committee. Rod Stokes, agent on the application, stated that he was happy to answer any questions regarding the proposal. Mr. Pegrum inquired (3 times) as to whether any members of the public wished to comment or ask questions regarding the proposal. None heard. Mr. Pegrum inquired as to whether there were any questions from Committee members regarding the application. None heard. Kate Kaestner, Planning Clerk & Secretary-Treasurer, read the resolution for approval of the application. Mr. Pegrum asked Committee members if they had any comments. None heard. Resolution No. 2025-05-06 Moved by: Ray Leonard Seconded by: Mike Howe THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2025-0053, for property municipally addressed as 1939 Ormsbee Road, to permit the construction of an 1800 square foot detached garage and workshop, allowing the lot coverage of all accessory structures, being 3.8%, to exceed the lot coverage of the principal structure, being 3.2%. Carried
d)
PL-ZNA-2025-0057 (Estate of Mundell) (Snider) - Loughborough District Property Address: 1028 Poppy Lane Purpose & Effect of the Application: To request permission under section 45(2) of the planning act to enlarge the legal nonconforming dwelling within 30m of the highwater mark of Loughborough Lake. The applicant proposes to enlarge the existing 149sqm one-storey dwelling with a building height of 4.6m. The proposed enlargement would Involve adding a second story addition to the dwelling within the existing building footprint. The enlarged dwelling would have an approximate gross floor area of 214sqm, a building height of approximately 9.8m, and would maintain the existing 22m setback from the highwater mark of Loughborough Lake.
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Minutes of Committee Of Adjustment June, 12, 2025 Colin Herrewynen, Planner, delivered his report to the Committee, with a staff recommendation that the application be approved, subject to conditions outlined in the staff report. Mr. Pegrum inquired as to whether the applicant or their agent wished to address the Committee. Derek and Katherine Snider, applicants and property owners, stated that they wished to construct the proposed addition in order to accommodate their large family and allow each of their four children to have their own room. Mr. Pegrum inquired (3 times) as to whether any members of the public wished to comment or ask questions regarding the proposal. None heard. The Chair then asked if there were any questions from Committee members regarding the application. Committee member Alan Revill asked Mr. Herrewynen about the zoning of the property being RRC, and the potential to allow rentals on the property, as well as the zoning on adjacent properties. Mr. Herrewynen responded that the property and adjacent properties used to be combined into one and it was historically zoned as Recreational Resort Community. The properties were severed, and the zoning was never updated to reflect this change. Mr. Herrewynen also acknowledged the neighbouring landowner’s request to restrict construction on the subject property between the months of May and September, and indicated to the Committee that this would not be an appropriate request. Kate Kaestner, Planning Clerk & Secretary-Treasurer, read the resolution for approval of the application, subject to conditions. Mr. Pegrum gave Committee members the opportunity to comment on the resolution. None heard. Resolution No. 2025-05-07 Moved by: Ray Leonard Seconded by: Mike Howe THAT the Committee hereby approves application PL-ZNA-2025-0057 for property located at 1028 Poppy Lane, granting permission to enlarge the existing legal non-conforming dwelling, by adding a 65 square metre 2nd-storey addition, within 30 metres of Loughborough Lake, subject to conditions. Carried e)
PL-ZNA-2025-0058 (Roy) (Costa) - Loughborough District Property Address: 3727 Stage Coach Road Purpose & Effect of the Application: The property has a existing primary dwelling (approx. 361 m2) and existing detached garage (approx. 211 m2). The owners propose to build a new Additional Dwelling Unit (ADU) with a footprint of approximately 246m2 on the subject property that is approximately 64.5m from the existing primary dwelling. The Zoning Bylaw requires that an ADU be located within 40m of the primary dwelling and that the total lot coverage of accessory buildings and structures
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Minutes of Committee Of Adjustment June, 12, 2025 not exceed the lot coverage of the existing principal building. A minor variance is being requested to allow the ADU to be setback 64.5m from the existing primary dwelling and to allow for the total lot coverage of accessory buildings to exceed the lot coverage of the existing principal building, totaling approximately 476.5 m2. Colin Herrewynen, Planner, delivered his report to the Committee, with a staff recommendation that the application be approved, subject to conditions. Steve Pegrum inquired as to whether the applicant or their agent wished to address the Committee. None heard. Mr. Pegrum inquired (3 times) as to whether any members of the public wished to comment or ask questions regarding the proposal. None heard. Mr. Pegrum inquired as to whether there were any questions from Committee members regarding the application. Committee member Scott Trueman asked planning staff about the requirement for using a shared well and septic system when the zoning by-law was original being updated to allow Additional Dwelling Units. Christine Woods, Manager of Planning, confirmed that original discussions did propose to require a shared well and septic system for detached ADUs. However, after reviewing some of the proposals that had been received, it became evident that this may not be possible or beneficial on some properties, particularly with respect to topography constraints. The Township encourages shared services for ADUs, but it is not a requirement. Mr. Revill addressed the letter of concern that was submitted by the adjacent landowner with respect to privacy concerns, and stated that the location of the proposed ADU is largely past the boundary of the adjacent property, which, in his opinion, mitigates these concerns. Mr. Pegrum inquired as to whether the neighbouring landowner’s request to require a privacy fence or trees to be planted is something that can be implemented by the Committee. Mr. Herrewynen responded that while the Committee could require this as a condition, he does not believe it would be appropriate as any subsequent property owner could simply remove the fencing and trees from the subject lands. Mr. Herrewynen stated that if the neighbouring landowner had concerns about privacy it would be most beneficial for that landowner to install a fence and/or trees on their own property. Councillor Trueman also indicated to Mr. Pegrum that there was already a considerable amount of mature vegetation on the property that would act as a buffer between the ADU and the neighbouring property. Kate Kaestner, Planning Clerk & Secretary-Treasurer, read the resolution for approval of the application, subject to conditions. Mr. Pegrum gave Committee members the opportunity to comment on the resolution. None heard.
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Minutes of Committee Of Adjustment June, 12, 2025 Resolution No. 2025-05-08 Moved by: Norm Roberts Seconded by: Ray Leonard THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2025-0058, for property municipally addressed as 3727 Stage Coach Road, to allow a detached Additional Dwelling Unit to be located 64.5m from the existing primary dwelling, and to allow the total lot coverage of all accessory structures, being 2.8% to exceed the lot coverage of the principal building, being 2.1%, subject to conditions. Carried 10
Other Business
a)
Delegated Authority Consent Report Kate Kaestner, Planning Clerk, delivered her report to the Committee. There were no questions from Committee members regarding the report.
11
Adjournment
a)
Resolution. Resolution No. 2025-05-09 Moved by: Ray Leonard Seconded by: Norm Roberts THAT the June 12, 2025 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at 7:57 PM to reconvene on Thursday, July 10, 2025 at 7:00PM or at the call of the Chair. Carried
Steve Pegrum, Chair
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Report from Public Services PL-BDJ-2025-0023 Application Number: ___________________________________________________ Will and Sharon Freeman (Dog Lake Dreams Inc), Julie Hodgson Applicant’s Name: _____________________________________________________
9 PT Lot 8 Storrington Lot: _______________District:
Concession: _________________ Battersea 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:
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?
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?
Arterial road - Urban classification. Ensure that there is a 30m (100ft road allowance) otherwise applicant to dedicate any shortfall of 15m 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
2025-06-26
Date
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June 27, 2025
File: SEV/FRS/28/2025 MV/FRS/149/2025
Sent by E-mail Colin Herrewynen Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Herrewynen: Re:
Consent Application PL-BDJ-2025-0023 (Lot Creation) & Minor Variance Application PL-ZNA-2025-0024 5007 Battersea Road; Township of South Frontenac Waterbody: Loughborough Lake, Milburn Creek Locally Significant Wetland & Unnamed Watercourse
Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted applications for consent and minor variance and offer the following comments for the Township’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. Summary of the Proposal The applicant has requested to sever a 10.5 ha (26 ac) parcel of land resulting in a 3 ha (7.5 ac) retained parcel. The proposed severance would result in the creation of a new lot for development. The severed parcel is developed with a single detached dwelling, and two storage buildings. The retained lands are vacant. The applicant is seeking relief from the minimum lot frontage requirements from the Township’s Zoning By-Law to facilitate the proposed severance. Site Description The subject lands are located on the north side of Battersea Road, west of Battersea within a drainage catchment that flows into Loughborough Lake. The lands have frontage on the south shore of the north basin of Loughborough Lake. The lands contain wetlands on the northern half of the property and a watercourse beginning from the southeastern corner of the property flowing north into the wetlands and Loughborough Lake. The southwestern portion of the subject lands is developed with a single detached dwelling, associated well and septic system, and two storage buildings. The southwestern area of the property is relatively flat. There is a steep ridge the runs across the subject property from the southeastern corner to the approximate midpoint of the western property line. The southern portion
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Page 2 of 3 of the lands are cleared and grassy and the ridge is treed and vegetated. Lands beyond the ridge to the east, south of the wetlands are cleared fields. Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with Loughborough Lake, Milburn Creek Locally Significant Wetland and the un-named watercourse on the property. Natural Hazards / Ontario Regulation 41/24 Flooding/Millburn Creek Locally Significant Wetland The highest recorded water level for Loughborough Lake is 125.1 metres geodetic. For Loughborough Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based on elevation mapping, the floodplain extends into the lot’s interior and appears to be roughly coincident with the wetland edge. Cataraqui Conservation’s regulatory policies for implementing O. Reg. 148/06 require new buildings and structures to be set back at least 30 metres from the limit of the Milburn Creek Wetland, to protect the hydrologic function of the wetland. The existing structures exceed this setback, and there is adequate area on the retained lands for future development to meet this setback. Surface Water Features Cataraqui Conservation, through implementation of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits requires development (building and structures) and site alteration (excavation, grading, placement of fill) to be located outside of natural hazard areas and set back a minimum of 30 m from surface water features including watercourses (creeks, streams). The intent is to protect development from potential flooding and erosion hazards and to preserve the hydrologic function of these features. There is a watercourse running south to north through the subject lands flowing into the Milburn Creek Wetland and Loughborough Lake. The watercourse is a regulated features and as such a 30 m setback is applied. The existing development on the severed lot is outside of the required 30 m setback and there is adequate area on the western portion of the retained lands outside of the 30 m setback from the watercourse and wetlands to accommodate a driveway and building envelope. Staff note that the eastern portion of the retained lands at the road frontage is entirely within the 30 m setback from the watercourse. Staff note that any new watercourse crossing and improvements to the existing crossing will require permit approval by CRCA and new crossing may not be permitted. Karst Topography Karst is a type of unstable bedrock that is relatively common in the Cataraqui Region area and is considered a natural hazard under the 2024 Provincial Planning Statement and Ontario Regulation 41/024. As with other natural hazards, there is risk of damage to buildings, property and human
Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca
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Page 3 of 3 safety when development is located within or near unstable bedrock. Accordingly, CRCA’s regulation directs development away from these areas and features The subject lands are in an area of inferred and potential karst topography as identified by OGS mapping. From a review of aerial imagery, and a site visit on June 26, 2025, there is no visual evidence of karst topography in the southwestern portion of the retained lands. Based on this, staff are satisfied that there is a developable area on the severed lands outside of areas of karst. We note that should karst features (e.g. fissures, crevices, sinkholes, etc.) be encountered on the subject lands during future construction/excavation, the applicant will need to contract CRCA staff to determine appropriate actions. Recommendation Staff have no objection to approval of PL-BDJ-2025-0023 and PL-ZNA-2025-0024 based on our review of natural hazards. Ontario Regulation 41/24 Please note that portions of the lands within 30 m of the watercourse and Milburn Creek Wetlands 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 and to ensure the protection of wetlands. Current and future landowners are advised to contact CRCA before considering any work within 30 metres of the watercourse and wetlands on the subject lands, including any development proposed for the eastern portion of the retained lands. 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 estucke@crca.ca Sincerely,
Emma Stucke, RPP, MCIP Resource Planner cc. Applicant by email
Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca
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To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
July 10, 2025
Subject:
Consent Application PL-BDJ-2025-0023 and Minor Variance Application PL-ZNA-2025-0024, Freeman, 5007 Battersea Road, Storrington District
Summary This report recommends that the Committee of Adjustment grant approval of the subject consent application and minor variance application for zoning relief subject to conditions. Background The subject property is located at 5007 Battersea Road within the settlement of Battersea. The southern end of the property along Battersea Road is designated as Settlement Area within the South Frontenac Township Official Plan. The north end of the subject property is designated Environmental Protection. The property is zoned Urban Residential - First Density Zone (UR1) in Zoning By-law No. 2003-75, as amended. The subject property is approximately 86 Ac (34.8 ha) area along Battersea Road. The north area of the property is adjacent to a part of Loughborough Lake and occupied by natural vegetation, tree cover, wetland features including the Milburn Creek Wetland and a watercourse. The southern end of property is presently occupied by an existing dwelling with two storage buildings and areas of agricultural fields. The surrounding area along Battersea Road consists of residential development, whereas the north end of the property consists of residential lakefront properties along Loughborough Lake. Along the westerly property line, there is an existing lane (Welling Lane) used to access the rear of the property. Proposal The consent application is for the creation of a new residential lot. The minor variance application is to allow the severed and retained parcels to have less than the minimum 76m lot frontage required by section 14.3.1 of the Zoning By-law. The lot to be severed is proposed to have a frontage of approximately 53.5m along Battersea Road, have an area of 2 Ac (0.8 ha), and contain the existing dwelling and storage buildings. The lot would continue to be accessed off Welling Lane. The lot to be retained is proposed to have a broken frontage of approximately 75m west of 5033 Battersea Road, and then 70m of frontage on the east side of 5033 Battersea Road, with an area of 84 Ac (34 ha). The 70m frontage on the east side of 5033 Battersea Road has a www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-BDJ-2025-0023 & PL-ZNA-2025-0024
steep drop off which is not accessible from Battersea Road. The severed lands are currently accessed from Welling Lane. The retained lands are proposed to remain vacant. The reduced frontages are proposed due to the limited frontage of the subject lands west of 5033 Battersea Road and the drop off east of 5033 Battersea Road which limits the accessible frontage along Battersea Road. In the application submitted, a minimum frontage of 50m for the lot to be severed and a minimum frontage of 70m for the lot to be retained was proposed to provide flexibility in establishing the new shared property line that ensures the existing sewage system of the dwelling will be entirely on the lot to be severed. Related Applications The lands are not subject to any additional applications under the Planning Act at this time. Department and Agency Comments Cataraqui Region Conservation Authority Cataraqui Conservation was circulated the applications and advised of no objections. Current and future landowners are advised to contact CRCA before considering any work within 30 metres of the watercourse and wetlands on the subject lands, including any development proposed for the eastern portion of the retained lands. Public Services Public Services advised that they have no objection to approval of the applications. The retained and severed parcels have adequate entrance sight lines. The need for road allowance widening along Battersea Road should be confirmed by the surveyor as a condition of approval. Public Comments No public comments were received at the time of writing this report. Planning Analysis The consent application needs to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Consent The PPS states that rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted (section 2.5.2). The PPS also states that planning authorities must consider rural characteristics, the scale of development and the provision of appropriate service levels when directing development in rural settlement areas (s. 2.5.2). It also requires planning authorities to provide for an appropriate range and www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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mix of housing options to meet the protected needs of current and future residents (s. 2.1.4, 2.2.1, 2.5.1). The County of Frontenac Official Plan encourages the Township to promote mixed use development including residential, commercial, institutional, parks and employment areas in settlement areas (s. 3.2). The Township of South Frontenac Official Plan also intends that a majority of new growth will be directed to existing settlement areas where it can be supported by appropriate servicing (s. 5.6). Section 5.6.6 of the Township Official Plan indicates that a maximum of three residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as other applicable policies. The subject property is eligible for the proposed severance because there have been no previous severances from the subject property since the adoption of the Official Plan. Section 5.6.1 (ii)(b) of the Township Official Plan states that the minimum lot area for lots shall not be less than 0.8 Ha (2 Ac) when serviced by a private well and private sanitary sewage system. The general consent policies (Section 7.1) echo the requirement for minimum lot areas. The UR1 zone also requires a minimum 0.8 Ha lot area. The severed parcel, at 0.8 Ha (2 Ac), would comply with this requirement. The severed lot is currently developed with a dwelling, storage buildings, and has an existing septic system and well. The existing dwelling would conform to the new property line setback requirements. The proposed retained lot also meets the minimum size requirement for lot area, being 84 Ac (34 ha). The Township Official Plan does not specify minimum lot frontages for new lots in settlement areas. However, the UR1 zone requires 76 metres frontage. As discussed below, the proposed reduced lot frontages of the severed parcel and retained parcel would maintain the intent of the Official Plan. The consent application meets the criteria outlined in section 51(24) of the Planning Act, does not require a plan of subdivision for the proper and orderly development of the municipality, is consistent with the PPS, and conforms to the County and Township Official Plans. The severed parcel and retained parcel will comply with the Zoning By-law subject to the requested minor variance for lot frontages. Minor Variance 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 southern part of the subject lands are designated Settlement Area on Schedule A of the Township Official Plan. Settlement areas are intended to be the focus of the majority of new growth in the municipality. A full range of land uses are permitted in Settlement Areas, including residential uses. The proposed lot to be severed is developed and has an existing residential use established on it. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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The Township Official Plan does not specify minimum lot frontages for new lots in settlement areas. The Official Plan policy provides flexibility to consider neighbourhood character and existing lot fabrics. The subject property has 128.5 metres frontage west of 5033 Battersea Road, which would be divided between the severed and retained parcels. The severed parcel would have 53.5 metres frontage and the retained parcel would have 75 metres frontage. These frontages would be similar to the frontages of lots of record on this section of Battersea Road (they range from 30 to 60 metres). This reduced frontages for both lots would still be considered usable since it would still allow for adequate separation between the neighbouring lots. The proposed lot to be severed is also able to meet the required lot size due to the proposed depth. The lot to be retained will continue to be accessed off of Welling Lane. It is the opinion of Township Planning Staff that the proposed variances maintain the general intent and purpose of the Official Plan, specifically the policies related to residential development. The proposed reduced frontages do not impact the functionality of the severed parcel nor the continued use or future development potential of the retained parcel. Does the variance maintain the general intent and purpose of the Zoning By-law? For properties in the Urban Residential - First Density Zone (UR1), section 14.3.1 states that the minimum lot frontage for single detached residential uses is 76 metres (250 ft). The Zoning By-law requires minimum lot frontages to allow for a separation between driveways and to improve traffic safety. Minimum lot frontages are also required in order to ensure a development pattern that is reasonably consistent in nature, to avoid an overdeveloped appearance, to help ensure a reasonable separation between uses and also to ensure well and septic systems can meet separation requirements. In this situation, reduced lot frontages would complement the existing development pattern and still allow the lots to be used as intended. Due to this, it is the opinion of Township Planning staff that the proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variances are desirable for the appropriate development of the land. The separation of the existing dwelling with storage buildings from the greater lot area would allow for new uses or development opportunities on the lot to be retained in the future. The lot to be severed is proposed to have a reduced lot frontage. The area where the dwelling is has functioned as a property with a small frontage onto Battersea Road for many years with the main driveway accessed off Welling Lane. This severed lot will continue to function as it has in the past with the dwelling and storage buildings. The lot to be retained can be accessed along a portion of Battersea Road west of 5033 Battersea Road and from Welling Lane. This provides flexibility to the continued or new uses in the future on the lot to be retained. Other than the lot frontages, the other provisions outlined the zoning bylaw are conformed to.
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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. The requested variances are also desirable for the appropriate development of the land. There are no anticipated negative impacts on surrounding properties. It is the opinion of Planning staff that the proposal maintains the general intent and purpose of the Official Plan and of the Zoning By-law, is desirable for the appropriate development and use of the land, and is minor. 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 notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendations Consent It is recommended that application PL-BDJ-2025-0023 for the creation of a new Residential lot be approved subject to the following conditions: Expiry Period
- Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
- The land to be severed by Consent Application PL-BDJ-2025-0023 shall be for the creation of one new residential lot that is 0.8ha in area with a minimum of 50 metres of frontage on Battersea Road. The lot area, frontage and configuration of the proposed severed lot shall be consistent with the sketch submitted by the applicant attached to the decision as “Schedule A”. Survey/Reference Plan or Registerable Description
- 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 South Frontenac is a welcoming and thriving rural community.
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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 of the severed parcel along Battersea Road, and confirming that the lot to be retained has a minimum of 70 metres of frontage on Battersea Road between the severed parcel and 5033 Battersea 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 Allowance Widening 5. The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of Battersea Road to be 30m. If such a width is less than 30m, 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 15m from the centre of the existing travelled road for Battersea 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.
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Municipal Requirements 6. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official. 7. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 8. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells 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. Zoning 9. The applicant is required to apply for a minor variance to permit the severed parcel to have a minimum of 50 metres of lot frontage and the retained parcel to have a minimum 70 metres of lot frontage. 10. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Minor Variance It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0024 for 5007 Battersea Road, such that the severed parcel from consent application PL-BDJ2025-0023 is permitted to have a minimum 50 metres of lot frontage and the retained parcel is permitted to have a minimum 70 metres of lot frontage.
Report Prepared By: Colin Herrewynen, RPP, MCIP, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning
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Minimum Distance Separation (MDS) Assessment June 2025
RE: Unaddressed Washburn Road Roll #: 1029-060-030-07000 Application for Consent (lot creation)
This Minimum Distance Separation (MDS) Assessment utilizes the 2017 MDS formulae as provided in Publication 853 issued by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Publication 853 includes the definitions, implementation guidelines and factor tables (i.e., calculations) which collectively make up the MDS formulae referenced in the Provincial Planning Statement (PPS), as well as additional information to assist with the interpretation and application of the MDS formulae. The calculations are completed using the AgriSuite software supplied by OMAFRA, while the definitions and guidelines provide necessary direction to interpret and apply the calculations. Publication 853 provides two classes of MDS formulae: MDS I and MDS II. MDS I applies the setbacks between proposed new development and existing livestock facilities. MDS II applies to setbacks from new, enlarged, or renovated livestock facilities and existing or approved development. The owner of the subject property is seeking to subdivide the parcel into a total of two (2) separately conveyable parcels, two (2) vacant severed parcels anticipated to be developed with residential uses in the future while the vacant retained parcel is proposed to be maintained for agricultural uses and merged on title with the immediately adjacent property known municipality as 2666 Bear Creek Road. Based on the Planning Act application (Section 53), the proposal is subject to MDS I consideration. In accordance with Publication 853 Implementation Guidelines (IG) #2, an MDS setback is required for proposed lot creation in accordance with IG #8. IG #8 requires an MDS I setback where lot creation is proposed. Section 5.35(a) & Section 5.35(b) of the Township of South Frontenac Zoning By-law Number 2003-75 includes the following general provisions applicable to MDS: (5.35) AGRICULTURE – MINIMUM DISTANCE SEPARATION
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a. Notwithstanding any other yard or setback provisions of this By-Law to the contrary, no residential, institutional, commercial, industrial or recreational use, located on a separate lot, outside of the boundaries of a “Settlement Area” and permitted in the Zone in which the lot is situated, shall be erected or altered unless it complies with the Minimum Distance Separation (MDS I) calculated using the Ministry of Agriculture, Food and Rural Affairs, Publication 853 “The Minimum Distance Separation (MDS) Document”, as amended. Despite the aforementioned, existing vacant lots which cannot be developed as a result of MDS I may be developed subject to the approval of the Committee of Adjustment. Within “Settlement Area” boundaries, MDS I will not be applied to proposed new development. b. Notwithstanding any other yard or setback provisions of this By-Law to the contrary, no livestock facility, shall be erected or expanded except in compliance with the Minimum Distance Separation (MDS II) calculated using the Ministry of Agriculture, Food and Rural Affairs Publication 853 “The Minimum Distance Separation (MDS) Document”, as amended. Despite the aforementioned, MDS II setback will not be reduced except in limited site specific circumstances that meet the intent of The MDS Document (e.g. circumstances that mitigate environmental or public health or safety impacts, or avoid natural or human made hazards), subject to the approval of the Committee of Adjustment. The proposed Consent applications seek to create two vacant severed parcels anticipated to be developed with a residential use in the future fronting Washburn Road in the northernmost portion of the land holding. There are three (3) livestock facilities that are located within 750 metres of the subject property – specifically the area of the proposed severed parcels. This proposal will lead to the creation of two new non-agricultural uses, therefore the MDS I formulae applies to the proposed development (i.e., building envelope on the proposed severed parcels).
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Figure 1 – Subject Property
Figure 2 – Concept Plan
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In accordance with provincial direction through Publication 853, MDS I setbacks are calculated based on the nature of the proposed land use and are divided into Type A (less sensitive) and Type B (more sensitive) land uses. Type A are described in IG #33 and are characterized by lower density of occupancy, habitation or activity and include agriculture-related and on-farm diversified uses, industrial uses, agricultural lot creation, residential lot creation that does not result in a concentration of four or more lots in immediate proximity and building permits for dwellings on existing lots outside of a settlement area. Type B (more sensitive) uses are generally higher density in terms of occupancy, habitation or activity as described in IG #34 and include official plan and zoning by-law amendments to permit development excluding industrial uses or dwellings, outside of settlement areas. The proposal seeks to subdivide two (2) vacant parcels fronting Washburn Road while consolidating the majority of the subject lands for agricultural uses with the adjacent property known municipally as 2666 Bear Creek Road. In accordance with the Township’s Comprehensive Zoning By-law (2003-075, as amended), the proposed severed parcel would be permitted to accommodate a single detached dwelling. Considering the overall development plan and the differing sensitivities as classified by OMAFRA, the proposal seeking to sever two (2) vacant parcels fronting Washburn Road immediately west of the properties known municipally as 2845 Washburn Road – 2853 Washburn Road that are developed with single detached dwellings, from the subject property is considered a Type B (more sensitive) land use.
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Applicable MDS Assessment Where an MDS setback is required, it must be measured from all existing livestock facilities and anaerobic digesters that are reasonably expected to be impacted by the proposed development. IG #6 limits the investigation distance to 750 metres of a proposed Type A land use. It has been identified that three (3) livestock facilities are located within 750 metres of the proposed severed parcels, all of which have been assessed through this report. The proposed retained parcel is currently vacant and utilized for agricultural uses, no changes are proposed through the processing of these applications.
Livestock Facility #1: 2920 Washburn Road The property known municipally as 2920 Washburn Road is located on the north side of Washburn Road, west of the subject property. The property is developed with a single detached dwelling, multiple accessory structures and a livestock facility. In accordance with Figure 4 and Implementation Guideline #12 of OMAFRA Publication 853, there are four (4) or more non-agricultural uses (i.e. residential uses) of equal sensitivity to that of the proposal that fall within the MDS intervening area (120 degree field of view) generated from the livestock facility located at 2920 Washburn Road. As detailed in Appendix A within, the sketch details the four (4) existing dwellings that are located in closer proximity to the livestock facility than the proposed severed parcels on the subject property. These existing single detached dwellings located on separately conveyable properties mean that the required MDS I setback is to be reduced to the setback of the fourth non-agricultural use from the unoccupied livestock facility. The setback from the livestock facility to the fourth non-agricultural use measures approximately 160 metres. The proposed building envelopes on the severed and retained parcel of the subject lands are further from the livestock facility located at 2920 Washburn Road, therefore a potential building envelope exists a significantly greater in distance. As such, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through this consent application. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed future development as considered through these consent applications.
Livestock Facility #2: 2846 Washburn Road The property known municipally as 2846 Washburn Road is an 80.5 acre land holding, which is located on the north side of Washburn Road in relatively close proximity to the location of the proposed consent applications. The irregular shaped subject property measures approximately 80.5 acres in area and is utilized for agricultural uses, with the inclusion of a long-standing livestock facility in the mid portion of the land holding, on the east side of the driveway (see Exhibit B – Livestock Facilities Photos). This livestock facility is the only structure on the east
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side of the driveway of the subject property, while the remaining portion of the lands are used for crops. A site visit was completed Monday, December 23, 2024, to confirm the required parameters associated with the livestock facility. During the site visit, the author spoke with the owners (Scott Dixon & Thomas Dixon), who toured the property and confirmed the livestock facility on the property known municipally as 2846 Washburn Road is associated with the larger livestock facility located on the adjacent property. Mr. Dixon confirmed that the relatively small livestock facility located on the subject property is only used to accommodate eight (8) dairy cattle. In addition to the structure, the cattle are permitted to occupy both the structure and the adjacent yard. The livestock facility that accommodates a total floor area of approximately 1200 square feet (see Exhibit A – MDS Calculation), was confirmed to accommodate eight (8) dairy cattle of medium frame size. The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use parameters summarized above, a required MDS setback of 212 metres was yielded using OMAFRA AgriSuite software (see Exhibit A – MDS Calculation). The proposed severed parcels on the south side of Washburn Road are located beyond the MDS I setback generated from the livestock facility. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through these consent applications.
Livestock Facility #3: 2848 Washburn Road The property known municipally as 2848 Washburn Road is a 194 acre land holding, which is located on the north side of Washburn Road in relatively close proximity to the location of the proposed consent applications. The irregular shaped subject property measures approximately 80.5 acres in area and is utilized for agricultural uses, with the inclusion of a long-standing livestock facility in the mid portion of the land holding, on the east side of the driveway (see Exhibit B – Livestock Facilities Photos). This livestock facility is the only structure on the east side of the driveway of the subject property, while the remaining portion of the lands are used for crops. A site visit was completed Monday, December 23, 2024, to confirm the required parameters associated with the livestock facility. During the site visit, the author spoke with the owner (Scott Dixon & Thomas Dixon), who toured the property and confirmed the livestock facility on the property known municipally as 2848 Washburn Road is associated with the smaller livestock facility located on the adjacent property known municipally as 2846 Washburn Road. Mr. Dixon confirmed that the livestock facility located on the subject property is used to accommodate thirty (30) dairy cattle. In addition to the structure, the cattle are permitted to occupy both the structure and the adjacent yard. The livestock facility that accommodates a total floor area of approximately 4500 square feet (see Exhibit A – MDS Calculation), was confirmed to accommodate thirty (30) dairy cattle of
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medium frame size. The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use parameters summarized above, a required MDS setback of 348 metres was yielded using OMAFRA AgriSuite software (see Exhibit A – MDS Calculation). The proposed severed parcels on the south side of Washburn Road are located beyond the MDS I setback generated from the livestock facility. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through these consent applications.
Conclusion In summary, this Minimum Distance Separation (MDS) Assessment reviewed three (3) livestock facilities located within 750 metres of the subject property and proposed severed parcels to understand their potential affect each have on the proposed lot creation. The two (2) severed parcels are located on the south side of Washburn Road in close proximity to other residential uses, developed with single detached dwellings. Two (2) of the three (3) livestock facilities necessitated an MDS Calculation to be computed via OMAFRA AgriSuite software while the third didn’t given the intervening sensitive land uses. The MDS setbacks calculated (212 metres and 348 metres) do not affect the proposed severed parcels on the south side of Washburn Road. In considering the appropriateness of the proposed lot creation, location, and proximity to neighbouring agricultural operations is critical to ensure competing uses are not introduced. Based on this MDS assessment, the proposed consent applications to establish two (2) additional separately conveyable parcels for the purpose of accommodating residential uses (i.e. single detached dwellings) fronting Washburn Road from the subject property is appropriate given the location of surrounding agricultural uses and operations. Sincerely, ORIGINAL SIGNED BY JASON SANDS Jason Sands, B.Sc. M.Pl. MCIP. RPP. Exhibit A – AgriSuite MDS Calculations: 2846 Washburn Road & 2848 Washburn Road Exhibit B – Photos of livestock facilities
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4/22/25, 7:09 PM
AgriSuite
AgriSuite
MDS I General information Application date Dec 23, 2024
Applicant contact information ON
Municipal file number
error_outline
Proposed application Lot creation that results in a cluster of four, or more, non-agricultural use lots in immediate proximity to one another
Location of subject lands County of Frontenac Township of South Frontenac PITTSBURGH Concession 6 , Lot 3 Roll number: 102906003007000
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AgriSuite
Calculations 2848 Washburn Road
Farm contact information ON
error_outline
Location of existing livestock facility or anaerobic digestor County of Frontenac Township of South Frontenac PITTSBURGH Concession 7 , Lot 4 Roll number: 102906004002700
Total lot size 194 ac
Livestock/manure summary Manure Form
Solid
Type of livestock/manure
Dairy, Milking-age Cows (dry or milking) Medium Frame (455 - 545 kg) (eg. Guernseys), Tie Stall
Existing maximum number
Existing maximum number (NU)
Estimated livestock barn area
30
35.3 NU
2700 ft²
Setback summary Existing manure storage
V3. Solid, outside, no cover, >= 30% DM
Design capacity
35.3 NU
Potential design capacity
105.9 NU
Factor A (odour potential) Factor D (manure type)
0.7 0.7
Factor B (design capacity) 322.12 Factor E (encroaching land use) 2.2
Building base distance ‘F’ (A x B x D x E) (minimum distance from livestock barn) Actual distance from livestock barn
Storage base distance ‘S’ (minimum distance from manure storage) Actual distance from manure storage
348 m (1142 ft) NA
348 m (1142 ft) NA
Preparer signoff & disclaimer Preparer contact information Jason Sands The Boulevard Group ON jason@theblvdgroup.ca
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AgriSuite
Signature of preparer
Jason Sands
Date (mmm-dd-yyyy)
Note to the user The Ontario Ministry of Agriculture, Food and Agribusiness (OMAFA) has developed this software program for distribution and use with the Minimum Distance Separation (MDS) Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFA will be considered to be the official version for purposes of calculating MDS. OMAFA is not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modification of the software, or errors arising out of incorrect inputting of data. All data and calculations should be verified before acting on them.
© King’s Printer for Ontario, 2012‑25
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Exhibit B: MDS Assessment – Structure Photos 2666 Bear Creek Road (subject property)
Figure 1 – Location of proposed severed parcels on subject property (existing access via Washburn Road)
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Figure 2 – Location of proposed severed parcels on subject property
Figure 3 – Livestock facility located at 2846 Washburn Road
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Figure 4 – Livestock facility located at 2848 Washburn Road
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Figure 5 – Livestock facility located at 2848 Washburn Road
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Figure 6 – Cattle in the barnyard on the property known municipally as 2848 Washburn Road
Figure 7 – Existing single detached dwelling located at 2848 Washburn Road
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Figure 8 – Inside the storage portion of the livestock facility located 2848 Washburn Road
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Figure 9 – Haybarn (coverall structure) located at the property known municipally as 2848 Washburn Road
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Minimum Distance Separation (MDS) Assessment – 2920 Washburn Road: UPDATE June 2025
RE: Unaddressed Washburn Road Roll #: 1029-060-030-07000 Application for Consent (lot creation)
The property known municipally as 2920 Washburn Road is an 83.0 acre land holding, which is located on the north side of Washburn Road in relatively close proximity to the location of the proposed consent applications. The irregular shaped subject property measures approximately 83 acres in area and is utilized for agricultural uses, with the inclusion of a livestock facility in the southern portion of the land holding, on the west side of the driveway and dwelling (see Photos within). There are multiple buildings on the subject property, the majority are used for agricultural storage (ie. equipment, etc.). The livestock facility on the subject property is connected to the barnyard immediately west of the building which provides the cattle indoor and exterior opportunities. A site visit was completed Friday, June 13, 2025, to confirm the required parameters associated with the livestock facility. During the site visit, the property owner was not available. Subsequently, the owner (Martin Oomen) was contacted separately and confirmed that he has eight (8) beef cattle that are permitted in the barn and outside in the yard. While on-site, the author confirmed the use of each of the buildings, as several accessory buildings are located on the property. Within this report, Figure 1 along with the photographs confirm which buildings are used for hay storage, agricultural equipment storage and which area of the livestock facility is designed and used to accommodate livestock. The livestock facility that accommodates a total floor area of approximately 1097 square feet (see MDS Calculation). The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use parameters summarized above, a required MDS setback of 202 metres was yielded using OMAFRA AgriSuite software (MDS Calculation within). The proposed severed parcels on the south side of Washburn Road are located beyond the MDS I setback generated
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from the livestock facility. Moreover, as previously confirmed in the MDS Assessment Report dated January 2025, the proposed lot creation is exempt from an MDS setback generated from the livestock facility located at 2920 Washburn Road given the intervening land uses within the livestock facility and proposed lot creation. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through these consent applications.
Figure 1: Aerial Image of property known municipally as 2920 Washburn Road – identifying the different buildings and structures on the lands
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Green: represents the residential accessory structure that accommodates vehicle parking etc.
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Red: represents the portion of the building that accommodates beef cattle
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Orange: represents the portion of buildings and buildings that accommodate agricultural equipment storage
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Purple: represents the single detached dwelling
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Report from Public Services PL-BDJ-2025-0051 Application Number: ___________________________________________________ George and Morgan Carey Applicant’s Name: _____________________________________________________
6 Pt Lot 3 Storrington Lot: _______________District:
Concession: _________________ Washburn 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 FOR FIELD ENTRANCE ONLY (WASHBURN FRONTAGE) SEVERED PARCEL: ADEQUATE ENTRANCE SIGHT LINES
Road Conditions:
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?
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.
In this configuration the frontage of the retained portion along Washburn road will not meet the minimum sight distance to facilitate safe access for future residential development.
Signature on behalf of Public Services
2025-07-03
Date
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July 3, 2025
File: SEV/FRS/151/2025 SEV/FRS/152/2025 MV/FRS/153/2025
Sent by E-mail Colin Herrewynen Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Herrewynen: Re:
Consent Applications PL-BDJ-2025-0051 and PL-BDJ-2025-0052 (Lot Creation) & Minor Variance Application PL-ZNA-2025-0061 Washburn Road & 266 Bear Creek Road; Township of South Frontenac Waterbody: Bear Creek & unevaluated wetlands
Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted applications for consent and minor variance and offer the following comments for the Township’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. Summary of the Proposal The applicant has requested to sever two 0.8 ha parcels of land from the Washburn Road frontage resulting in an 18.9 ha retained parcel. The proposed severances will result in the creation of two new lots for the development along Washburn Road. The retained lands are developed with a single detached dwelling in the southern portion of the property that is accessed from Bear Creek Road. No new development is proposed for the retained lands as part of this application. The applicant is seeking relief from the minimum lot frontage requirements from the Township’s Zoning By-Law to facilitate the proposed severances. Site Description The subject lands are a through lot with frontage on Washburn Road to the north and Bear Creek Road to the south. Bear Creek runs adjacent to and through the subject lands. The southern portion of the subject lands is developed with a single detached dwelling, associated well and septic system and cleared fields. The centre of the property is naturalized with pockets of unevaluated wetlands. The northern portion of the property in the area of the proposed severances is cleared fields.
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Page 2 of 3 Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with Bear Creek and wetlands on the property. Natural Hazards / Ontario Regulation 41/24 Surface Water Features Cataraqui Conservation, through implementation of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits requires development (building and structures) and site alteration (excavation, grading, placement of fill) to be located outside of natural hazard areas and set back a minimum of 30 m from surface water features including watercourses (creeks, streams) and wetlands. The intent is to protect development from potential flooding and erosion hazards and to preserve the hydrologic function of these features. Bear Creek runs adjacent to and through the subject lands and flows into the River Styx to the east. Bear Creek is a regulated features and as such a 30 m setback is applied. There are pockets of unevaluated wetlands on the retained lands. The existing development on the retained lands is outside of the required 30 m setback from Bear Creek and unevaluated wetlands. Staff note that any new creek crossings and improvements to the existing crossing on the retained lands will require permit approval by CRCA and new crossing may not be permitted. The proposed severed lots are located well beyond 30 m from Bear Creek and areas with unevaluated wetlands. Karst Topography Karst is a type of unstable bedrock that is relatively common in the Cataraqui Region area and is considered a natural hazard under the 2024 Provincial Planning Statement and Ontario Regulation 41/024. As with other natural hazards, there is risk of damage to buildings, property and human safety when development is located within or near unstable bedrock. Accordingly, CRCA’s regulation directs development away from these areas and features. The subject lands are not in an area of karst topography as identified by OGS mapping. If karst features are discovered during future excavation the owner is advised to contact CRCA to determine next steps. Recommendation Staff have no objection to approval of PL-BDJ-2025-0051, PL-BDJ-2025-0052 and PL-ZNA-20250061 based on our review of natural hazards. Ontario Regulation 41/24 The proposed severed lots are located outside of CRCA’s regulated area as per Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O.Reg 148/06), which is administered by the CRCA. Future development of the proposed severed lots will not require a permit from CRCA. Please note that portions of the retained lands within 30 m of Bear Creek are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06). Lands within 30 m of the unevaluated wetlands may also be regulated. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca
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Page 3 of 3 by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards and to ensure the protection of wetlands. The current landowner is advised to contact CRCA before considering any work within 30 metres of Bear Creek and 30 m of the unevaluated wetlands on the retained lands. 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 estucke@crca.ca Sincerely,
Emma Stucke, RPP, MCIP Resource Planner cc. Applicant by email
Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca
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To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
July 10, 2025
Subject:
Consent Applications PL-BDJ-2025-0051, PL-BDJ-2025-0052 and Minor Variance Application PL-ZNA-2025-0061, Carey (Boulevard Group), Washburn Road & 2666 Bear Creek Road, Storrington District
Summary This report recommends that the Committee of Adjustment grant approval of the subject consent applications and minor variance application for zoning relief subject to conditions. Background The subject property is designated as Rural in the South Frontenac Township Official Plan. It is zoned Rural Zone (RU) in Zoning By-law No. 2003-75, as amended. The subject property has road frontage along Washburn Road and Bear Creek Road. It currently has a broken frontage along Washburn Road of approximately 200m and approximately a 400m frontage along Bear Creek Road. The area along Washburn Road consists of farmland with some natural tree areas. The western property line is along an existing watercourse and also adjacent to more naturalized treed areas. The area along Bear Creek Road consists of agricultural fields and naturalized areas consisting of trees, grasslands, ponds and a watercourse. There is an existing dwelling at the south end of the property, accessed from Bear Creek Road. The entire property is approximately 146.7 Ac (59.3 Ha) in area. Proposal The consent applications are for the creation of two new residential lots along Washburn Road. The minor variance application is to allow the severed parcels to have less than the minimum 76m lot frontage required by section 7.3.2 of the Zoning By-law. Each of the lots to be severed are proposed to have a frontage of approximately 72.5m along Washburn Road and have an area of 2 Ac (0.8 ha). The lot to be retained is proposed to have a frontage of approximately 54.6m along Washburn Road, and also a 400m of frontage along Bear Creek Road, with an area of approximately 146 Ac (59.3 ha).
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 83 of 260
Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
Related Applications The lands are not subject to any additional applications under the Planning Act at this time. Supporting Documentation A Plot Plan created by the Boulevard Group, revision 2. Dated May 2025 was submitted with the application. The Plot Plan includes the location of the proposed lots to be severed along Washburn Road as well as the location of area Barns and their respective Minimum Distance Separation (MDS) calculated distances. The Deed for the subject property was submitted with the application which outlines the legal descriptions for the property along Washburn Road and Bear Creek Road. It was understood that when the application was deemed complete, that the area from Washburn Road to Bear Creek Road was one property. After the application was deemed complete, the Agent raised concerns that the property may be two separately conveyable parts. If that is the case, the retained parcel would have insufficient frontage (56.4m) on Washburn Road. As such, a recommended condition of approval is to require confirmation of the status of the property to ensure that the lot to be retained has sufficient frontage on a road. Two Minimum Distance Separation Assessment reports were submitted with the applications, both dated June 2025, authored by the Boulevard Group. The first report includes a MDS review of barns and livestock facilities located at 2920, 2846, and 2848 Washburn Road. The second updated report submitted includes further information about the livestock facility at 2920 Washburn Road. Department and Agency Comments Cataraqui Region Conservation Authority Cataraqui Region Conservation was circulated the applications and advised of no objections. The CRCA noted that they should be contacted before the current landowner considers work within 30 metres of Bear Creek and 30m of the unevaluated wetlands on the retained property. Public Services Public Services advised that they have no objections to approval of applications PL-BDJ2025-0051 and PL-BDJ-2025-0052. The retained parcel has an adequate entrance and sight lines for use as a field entrance only. Both severed parcels have adequate entrance sight lines. The need for road allowance widening along Washburn Road should be confirmed by the surveyor as a condition of approval. In the proposed lot configuration, the frontage of the retained portion along Washburn Road will not meet the minimum sight distance to facilitate safe access for future residential development. Public Comments No public comments were received at the time of writing this report.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 84 of 260
Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
Planning Analysis The consent applications need to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Consent The Provincial Planning Statement (2024) allows residential lot creation on Rural lands where site conditions are suitable for the provision of appropriate sewage and water services. 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 a landholding provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for a severance under Section 5.7.4 because there have been no previous severances from the subject property since the adoption of the Official Plan. Section 5.7.4 requires the frontage, size and shape of any lot created for rural residential purposes through the severance approval process to be appropriate for the proposed use and to conform to the provisions of the zoning by-law. The proposed new lots would meet the requirements for a minimum lot area of 0.8 hectare. As discussed below, the proposed reduced lot frontages of the severed parcels would maintain the intent of the Official Plan. Rural development must be serviced by private water and sewage systems. The Township typically requires the ability to be serviced by a private well to be demonstrated as a condition of consent approval. Sewage system requirements would be addressed at the building permit application stage. As outlined in the Minimum Distance Separation (MDS) Assessments, there are a number of livestock facilities located in the surrounding area that need to be taken into consideration. The different facilities, their addresses, and the required MDS I setbacks are listed below: •
•
•
2920 Washburn Road o One (1) Livestock Barn o Required MDS I Setback of 202m for new lots. o Approximate actual distance from new lots: 230m 2846 Washburn Road o One (1) Livestock Barn o Required MDS I Setback of 212m for new lots. o Approximate actual distance from new lots: 280m 2848 Washburn Road o One (1) Livestock Barn o Required MDS I Setback of 348m for new lots. o Approximate actual distance from new lots: 500m www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
The Minimum Distance Separation (MDS) document produced by the Province requires that for the creation of a new lot without an existing dwelling that is less than 1 ha in size, the MDS I setback is required to be measured to the shortest distance to the proposed lot line. Taking into account the required MDS I setbacks, both of the proposed lots to be severed are outside the required MDS I setbacks from the barns located at 2920, 2846, and 2848 Washburn Road. The two proposed lots therefore conform to the applicable minimum distance separation policies. The lot to be retained currently meets and will continue to meet the lot size requirements and lot frontage requirements being approximately 145 Ac in size and having a frontage of 54.6m along Washburn Road and 400m along Bear Creek Road. Access to the agricultural fields along Washburn Road can still be obtained through the existing farm access identified by Public Services. Legal access to the agricultural fields could also be obtained from Bear Creek Road through the entire property. The retained parcel is currently developed with a dwelling along Bear Creek Road. The consent application meets the criteria outlined in section 51(24) of the Planning Act, does not require a plan of subdivision for the proper and orderly development of the municipality, is consistent with the PPS, and conforms to the County and Township Official Plans. The severed parcels and retained parcel will comply with the Zoning By-law subject to the requested minor variance for lot frontages. Minor Variance The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural on Schedule A of the Township Official Plan. The type and amount of development on rural lands must maintain the rural character, natural heritage and cultural landscape in the Township. Section 5.7.4 of the Official Plan states that Limited non-agricultural residential development may be permitted within the Rural area so as to provide a variety of living accommodation for the residents of the Township. Section 5.7.4(ii)(a) of the Township Official Plan specifies a minimum lot frontage for new lots in rural areas to be 76 metres. The subject property has approximately 200 metres of broken frontage along Washburn Road and approximately 400 metres of frontage along Bear Creek Road. The severed parcels would have 72.5 metres frontage each and the retained parcel would have 54.6 metres of frontage along Washburn Road and 400 metres of frontage along Bear Creek Road. These frontages would be similar to the frontages of lots of record on this section of Washburn Road (they range from 30 to 80 metres). The proposed reduced frontage would also be considered appropriate, since it would not impact the severed lots’ ability to be developed and provide adequate separation between www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
driveways, septic systems, wells, and for a dwelling to meet the required setbacks as outlined in the Zoning Bylaw. It is the opinion of Township Planning Staff that the proposed variances maintain the general intent and purpose of the Official Plan, specifically the policies related to rural residential development. The proposed reduced frontages do not impact the development potential of the severed parcel nor the continued use of the retained parcel. Does the variance maintain the general intent and purpose of the Zoning By-law? For properties in the RU Zone, section 7.3.2 states that the minimum lot frontage for single detached residential uses is 76 metres (250 ft). The Zoning By-law requires minimum lot frontages to allow for a separation between driveways and to improve traffic safety. Minimum lot frontages are also required in order to ensure a development pattern that is reasonably consistent in nature, to avoid an overdeveloped appearance and to help ensure a reasonable separation between uses. In this situation, reduced lot frontages would be appropriate due to the existing development pattern along Washburn Road. The proposed frontage would be able to accommodate well and sewage system separation requirements and still allow the lots to be used as intended. Due to this, it is the option of Township Planning staff that the proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variances are desirable for the appropriate development of the land. The addition of two new residential building lots would expand the housing options in this area along Washburn Road. The proposed severances would also be a better utilization of the land fronting onto Washburn Road, while still allowing the retained land to be used for agricultural purposes. Other than the lot frontages, the other provisions outlined the zoning bylaw are conformed to. 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. The requested variances are also desirable for the appropriate development of the land. There are no anticipated negative impacts on surrounding properties. It is the opinion of Planning staff that the proposal maintains the general intent and purpose of the Official Plan and of the Zoning By-law, is desirable for the appropriate development and use of the land, and is minor. 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 www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
• •
by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendations Consent It is recommended that applications PL-BDJ-2025-0051 and PL-BDJ-2025-0052 for the creation two new Residential lots along Washburn Road be approved subject to the following conditions. Expiry Period
- Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
- The land to be severed by Consent Applications PL-BDJ-2025-0051 and PL-BDJ2025-0052 shall be for the creation of one new residential lot each that is a minimum 0.8ha in area with a minimum 72.5 metres of frontage on Washburn Road. The lot area, frontage and configuration of the proposed severed lots shall be consistent with the sketch submitted by the applicant attached to the decision as “Schedule A”. Retained Lands
- The lawyer for the applicant shall confirm that the property legally described as (Parcel 1) “The South half of Lot 4, in the Sixth Concession of the said Township of Storrington”, and (Parcel 2) “Those parts of Lots 3 and 4, Concession 6 in the Geographic Township of Storrington, being Parts 1, 2 and 3 on Plan 13R-23253” are one parcel and cannot be conveyed separately. If it is determined that the property consists of two parcels that are separately conveyable, the lawyer for the applicant shall submit a Solicitors Personal Undertaking to provide a registered Application Consolidation Parcels within six (6) months of the Certificate of Official being signed by the Township of South Frontenac. Survey/Reference Plan or Registerable Description
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. www.southfrontenac.net Page 88 of 260 South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
- The surveyor or applicant shall submit the draft Reference Plan, including area calculations and noting frontages 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 Allowance Widening
- The surveyor who prepares the reference plan referred to in Condition #4 and #5 shall also determine by survey the width of Washburn 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 Washburn 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
- 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.
- The Township of South Frontenac shall receive 5% of the value of the each of the severed parcels, in lieu of parkland [Planning Act, s. 51(1)]. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
- 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 each of the severed parcels.
- In the event that there are abandoned wells located on the severed parcels or the retained property, the wells 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. Zoning
- The applicant is required to apply for a minor variance to permit the severed parcels to have a minimum of 72.5 metres of lot frontage.
- Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Minor Variance It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0061, such that the severed parcels from Consent Applications PL-BDJ-2025-0051 and PL-BDJ2025-0052 are each permitted to have a minimum 72.5 metres of lot frontage. Report Prepared By: Colin Herrewynen, RPP, MCIP, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning
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Report from Public Services PL-BDJ-2025-0052 Application Number: ___________________________________________________ George and Morgan Carey Applicant’s Name: _____________________________________________________
6 Pt Lot 4 Storrington Lot: _______________District:
Concession: _________________ Washburn 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 FOR FIELD ENTRANCE ONLY (WASHBURN FRONTAGE). SEVERED PARCEL: ADEQUATE ENTRANCE SIGHT LINES.
Road Conditions:
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?
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.
In this configuration the frontage of the retained portion along Washburn road will not meet the minimum sight distance to facilitate safe access for future residential development.
Signature on behalf of Public Services
2025-07-03
Date
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Minimum Distance Separation (MDS) Assessment June 2025
RE: Unaddressed Washburn Road Roll #: 1029-060-030-07000 Application for Consent (lot creation)
This Minimum Distance Separation (MDS) Assessment utilizes the 2017 MDS formulae as provided in Publication 853 issued by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Publication 853 includes the definitions, implementation guidelines and factor tables (i.e., calculations) which collectively make up the MDS formulae referenced in the Provincial Planning Statement (PPS), as well as additional information to assist with the interpretation and application of the MDS formulae. The calculations are completed using the AgriSuite software supplied by OMAFRA, while the definitions and guidelines provide necessary direction to interpret and apply the calculations. Publication 853 provides two classes of MDS formulae: MDS I and MDS II. MDS I applies the setbacks between proposed new development and existing livestock facilities. MDS II applies to setbacks from new, enlarged, or renovated livestock facilities and existing or approved development. The owner of the subject property is seeking to subdivide the parcel into a total of two (2) separately conveyable parcels, two (2) vacant severed parcels anticipated to be developed with residential uses in the future while the vacant retained parcel is proposed to be maintained for agricultural uses and merged on title with the immediately adjacent property known municipality as 2666 Bear Creek Road. Based on the Planning Act application (Section 53), the proposal is subject to MDS I consideration. In accordance with Publication 853 Implementation Guidelines (IG) #2, an MDS setback is required for proposed lot creation in accordance with IG #8. IG #8 requires an MDS I setback where lot creation is proposed. Section 5.35(a) & Section 5.35(b) of the Township of South Frontenac Zoning By-law Number 2003-75 includes the following general provisions applicable to MDS: (5.35) AGRICULTURE – MINIMUM DISTANCE SEPARATION
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a. Notwithstanding any other yard or setback provisions of this By-Law to the contrary, no residential, institutional, commercial, industrial or recreational use, located on a separate lot, outside of the boundaries of a “Settlement Area” and permitted in the Zone in which the lot is situated, shall be erected or altered unless it complies with the Minimum Distance Separation (MDS I) calculated using the Ministry of Agriculture, Food and Rural Affairs, Publication 853 “The Minimum Distance Separation (MDS) Document”, as amended. Despite the aforementioned, existing vacant lots which cannot be developed as a result of MDS I may be developed subject to the approval of the Committee of Adjustment. Within “Settlement Area” boundaries, MDS I will not be applied to proposed new development. b. Notwithstanding any other yard or setback provisions of this By-Law to the contrary, no livestock facility, shall be erected or expanded except in compliance with the Minimum Distance Separation (MDS II) calculated using the Ministry of Agriculture, Food and Rural Affairs Publication 853 “The Minimum Distance Separation (MDS) Document”, as amended. Despite the aforementioned, MDS II setback will not be reduced except in limited site specific circumstances that meet the intent of The MDS Document (e.g. circumstances that mitigate environmental or public health or safety impacts, or avoid natural or human made hazards), subject to the approval of the Committee of Adjustment. The proposed Consent applications seek to create two vacant severed parcels anticipated to be developed with a residential use in the future fronting Washburn Road in the northernmost portion of the land holding. There are three (3) livestock facilities that are located within 750 metres of the subject property – specifically the area of the proposed severed parcels. This proposal will lead to the creation of two new non-agricultural uses, therefore the MDS I formulae applies to the proposed development (i.e., building envelope on the proposed severed parcels).
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Figure 1 – Subject Property
Figure 2 – Concept Plan
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In accordance with provincial direction through Publication 853, MDS I setbacks are calculated based on the nature of the proposed land use and are divided into Type A (less sensitive) and Type B (more sensitive) land uses. Type A are described in IG #33 and are characterized by lower density of occupancy, habitation or activity and include agriculture-related and on-farm diversified uses, industrial uses, agricultural lot creation, residential lot creation that does not result in a concentration of four or more lots in immediate proximity and building permits for dwellings on existing lots outside of a settlement area. Type B (more sensitive) uses are generally higher density in terms of occupancy, habitation or activity as described in IG #34 and include official plan and zoning by-law amendments to permit development excluding industrial uses or dwellings, outside of settlement areas. The proposal seeks to subdivide two (2) vacant parcels fronting Washburn Road while consolidating the majority of the subject lands for agricultural uses with the adjacent property known municipally as 2666 Bear Creek Road. In accordance with the Township’s Comprehensive Zoning By-law (2003-075, as amended), the proposed severed parcel would be permitted to accommodate a single detached dwelling. Considering the overall development plan and the differing sensitivities as classified by OMAFRA, the proposal seeking to sever two (2) vacant parcels fronting Washburn Road immediately west of the properties known municipally as 2845 Washburn Road – 2853 Washburn Road that are developed with single detached dwellings, from the subject property is considered a Type B (more sensitive) land use.
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Applicable MDS Assessment Where an MDS setback is required, it must be measured from all existing livestock facilities and anaerobic digesters that are reasonably expected to be impacted by the proposed development. IG #6 limits the investigation distance to 750 metres of a proposed Type A land use. It has been identified that three (3) livestock facilities are located within 750 metres of the proposed severed parcels, all of which have been assessed through this report. The proposed retained parcel is currently vacant and utilized for agricultural uses, no changes are proposed through the processing of these applications.
Livestock Facility #1: 2920 Washburn Road The property known municipally as 2920 Washburn Road is located on the north side of Washburn Road, west of the subject property. The property is developed with a single detached dwelling, multiple accessory structures and a livestock facility. In accordance with Figure 4 and Implementation Guideline #12 of OMAFRA Publication 853, there are four (4) or more non-agricultural uses (i.e. residential uses) of equal sensitivity to that of the proposal that fall within the MDS intervening area (120 degree field of view) generated from the livestock facility located at 2920 Washburn Road. As detailed in Appendix A within, the sketch details the four (4) existing dwellings that are located in closer proximity to the livestock facility than the proposed severed parcels on the subject property. These existing single detached dwellings located on separately conveyable properties mean that the required MDS I setback is to be reduced to the setback of the fourth non-agricultural use from the unoccupied livestock facility. The setback from the livestock facility to the fourth non-agricultural use measures approximately 160 metres. The proposed building envelopes on the severed and retained parcel of the subject lands are further from the livestock facility located at 2920 Washburn Road, therefore a potential building envelope exists a significantly greater in distance. As such, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through this consent application. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed future development as considered through these consent applications.
Livestock Facility #2: 2846 Washburn Road The property known municipally as 2846 Washburn Road is an 80.5 acre land holding, which is located on the north side of Washburn Road in relatively close proximity to the location of the proposed consent applications. The irregular shaped subject property measures approximately 80.5 acres in area and is utilized for agricultural uses, with the inclusion of a long-standing livestock facility in the mid portion of the land holding, on the east side of the driveway (see Exhibit B – Livestock Facilities Photos). This livestock facility is the only structure on the east
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side of the driveway of the subject property, while the remaining portion of the lands are used for crops. A site visit was completed Monday, December 23, 2024, to confirm the required parameters associated with the livestock facility. During the site visit, the author spoke with the owners (Scott Dixon & Thomas Dixon), who toured the property and confirmed the livestock facility on the property known municipally as 2846 Washburn Road is associated with the larger livestock facility located on the adjacent property. Mr. Dixon confirmed that the relatively small livestock facility located on the subject property is only used to accommodate eight (8) dairy cattle. In addition to the structure, the cattle are permitted to occupy both the structure and the adjacent yard. The livestock facility that accommodates a total floor area of approximately 1200 square feet (see Exhibit A – MDS Calculation), was confirmed to accommodate eight (8) dairy cattle of medium frame size. The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use parameters summarized above, a required MDS setback of 212 metres was yielded using OMAFRA AgriSuite software (see Exhibit A – MDS Calculation). The proposed severed parcels on the south side of Washburn Road are located beyond the MDS I setback generated from the livestock facility. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through these consent applications.
Livestock Facility #3: 2848 Washburn Road The property known municipally as 2848 Washburn Road is a 194 acre land holding, which is located on the north side of Washburn Road in relatively close proximity to the location of the proposed consent applications. The irregular shaped subject property measures approximately 80.5 acres in area and is utilized for agricultural uses, with the inclusion of a long-standing livestock facility in the mid portion of the land holding, on the east side of the driveway (see Exhibit B – Livestock Facilities Photos). This livestock facility is the only structure on the east side of the driveway of the subject property, while the remaining portion of the lands are used for crops. A site visit was completed Monday, December 23, 2024, to confirm the required parameters associated with the livestock facility. During the site visit, the author spoke with the owner (Scott Dixon & Thomas Dixon), who toured the property and confirmed the livestock facility on the property known municipally as 2848 Washburn Road is associated with the smaller livestock facility located on the adjacent property known municipally as 2846 Washburn Road. Mr. Dixon confirmed that the livestock facility located on the subject property is used to accommodate thirty (30) dairy cattle. In addition to the structure, the cattle are permitted to occupy both the structure and the adjacent yard. The livestock facility that accommodates a total floor area of approximately 4500 square feet (see Exhibit A – MDS Calculation), was confirmed to accommodate thirty (30) dairy cattle of
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medium frame size. The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use parameters summarized above, a required MDS setback of 348 metres was yielded using OMAFRA AgriSuite software (see Exhibit A – MDS Calculation). The proposed severed parcels on the south side of Washburn Road are located beyond the MDS I setback generated from the livestock facility. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through these consent applications.
Conclusion In summary, this Minimum Distance Separation (MDS) Assessment reviewed three (3) livestock facilities located within 750 metres of the subject property and proposed severed parcels to understand their potential affect each have on the proposed lot creation. The two (2) severed parcels are located on the south side of Washburn Road in close proximity to other residential uses, developed with single detached dwellings. Two (2) of the three (3) livestock facilities necessitated an MDS Calculation to be computed via OMAFRA AgriSuite software while the third didn’t given the intervening sensitive land uses. The MDS setbacks calculated (212 metres and 348 metres) do not affect the proposed severed parcels on the south side of Washburn Road. In considering the appropriateness of the proposed lot creation, location, and proximity to neighbouring agricultural operations is critical to ensure competing uses are not introduced. Based on this MDS assessment, the proposed consent applications to establish two (2) additional separately conveyable parcels for the purpose of accommodating residential uses (i.e. single detached dwellings) fronting Washburn Road from the subject property is appropriate given the location of surrounding agricultural uses and operations. Sincerely, ORIGINAL SIGNED BY JASON SANDS Jason Sands, B.Sc. M.Pl. MCIP. RPP. Exhibit A – AgriSuite MDS Calculations: 2846 Washburn Road & 2848 Washburn Road Exhibit B – Photos of livestock facilities
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4/22/25, 7:09 PM
AgriSuite
AgriSuite
MDS I General information Application date Dec 23, 2024
Applicant contact information ON
Municipal file number
error_outline
Proposed application Lot creation that results in a cluster of four, or more, non-agricultural use lots in immediate proximity to one another
Location of subject lands County of Frontenac Township of South Frontenac PITTSBURGH Concession 6 , Lot 3 Roll number: 102906003007000
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AgriSuite
Calculations 2848 Washburn Road
Farm contact information ON
error_outline
Location of existing livestock facility or anaerobic digestor County of Frontenac Township of South Frontenac PITTSBURGH Concession 7 , Lot 4 Roll number: 102906004002700
Total lot size 194 ac
Livestock/manure summary Manure Form
Solid
Type of livestock/manure
Dairy, Milking-age Cows (dry or milking) Medium Frame (455 - 545 kg) (eg. Guernseys), Tie Stall
Existing maximum number
Existing maximum number (NU)
Estimated livestock barn area
30
35.3 NU
2700 ft²
Setback summary Existing manure storage
V3. Solid, outside, no cover, >= 30% DM
Design capacity
35.3 NU
Potential design capacity
105.9 NU
Factor A (odour potential) Factor D (manure type)
0.7 0.7
Factor B (design capacity) 322.12 Factor E (encroaching land use) 2.2
Building base distance ‘F’ (A x B x D x E) (minimum distance from livestock barn) Actual distance from livestock barn
Storage base distance ‘S’ (minimum distance from manure storage) Actual distance from manure storage
348 m (1142 ft) NA
348 m (1142 ft) NA
Preparer signoff & disclaimer Preparer contact information Jason Sands The Boulevard Group ON jason@theblvdgroup.ca
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AgriSuite
Signature of preparer
Jason Sands
Date (mmm-dd-yyyy)
Note to the user The Ontario Ministry of Agriculture, Food and Agribusiness (OMAFA) has developed this software program for distribution and use with the Minimum Distance Separation (MDS) Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFA will be considered to be the official version for purposes of calculating MDS. OMAFA is not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modification of the software, or errors arising out of incorrect inputting of data. All data and calculations should be verified before acting on them.
© King’s Printer for Ontario, 2012‑25
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Exhibit B: MDS Assessment – Structure Photos 2666 Bear Creek Road (subject property)
Figure 1 – Location of proposed severed parcels on subject property (existing access via Washburn Road)
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Figure 2 – Location of proposed severed parcels on subject property
Figure 3 – Livestock facility located at 2846 Washburn Road
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Figure 4 – Livestock facility located at 2848 Washburn Road
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Figure 5 – Livestock facility located at 2848 Washburn Road
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Figure 6 – Cattle in the barnyard on the property known municipally as 2848 Washburn Road
Figure 7 – Existing single detached dwelling located at 2848 Washburn Road
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Figure 8 – Inside the storage portion of the livestock facility located 2848 Washburn Road
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Figure 9 – Haybarn (coverall structure) located at the property known municipally as 2848 Washburn Road
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Minimum Distance Separation (MDS) Assessment – 2920 Washburn Road: UPDATE June 2025
RE: Unaddressed Washburn Road Roll #: 1029-060-030-07000 Application for Consent (lot creation)
The property known municipally as 2920 Washburn Road is an 83.0 acre land holding, which is located on the north side of Washburn Road in relatively close proximity to the location of the proposed consent applications. The irregular shaped subject property measures approximately 83 acres in area and is utilized for agricultural uses, with the inclusion of a livestock facility in the southern portion of the land holding, on the west side of the driveway and dwelling (see Photos within). There are multiple buildings on the subject property, the majority are used for agricultural storage (ie. equipment, etc.). The livestock facility on the subject property is connected to the barnyard immediately west of the building which provides the cattle indoor and exterior opportunities. A site visit was completed Friday, June 13, 2025, to confirm the required parameters associated with the livestock facility. During the site visit, the property owner was not available. Subsequently, the owner (Martin Oomen) was contacted separately and confirmed that he has eight (8) beef cattle that are permitted in the barn and outside in the yard. While on-site, the author confirmed the use of each of the buildings, as several accessory buildings are located on the property. Within this report, Figure 1 along with the photographs confirm which buildings are used for hay storage, agricultural equipment storage and which area of the livestock facility is designed and used to accommodate livestock. The livestock facility that accommodates a total floor area of approximately 1097 square feet (see MDS Calculation). The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use parameters summarized above, a required MDS setback of 202 metres was yielded using OMAFRA AgriSuite software (MDS Calculation within). The proposed severed parcels on the south side of Washburn Road are located beyond the MDS I setback generated
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from the livestock facility. Moreover, as previously confirmed in the MDS Assessment Report dated January 2025, the proposed lot creation is exempt from an MDS setback generated from the livestock facility located at 2920 Washburn Road given the intervening land uses within the livestock facility and proposed lot creation. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through these consent applications.
Figure 1: Aerial Image of property known municipally as 2920 Washburn Road – identifying the different buildings and structures on the lands
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Green: represents the residential accessory structure that accommodates vehicle parking etc.
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Red: represents the portion of the building that accommodates beef cattle
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Orange: represents the portion of buildings and buildings that accommodate agricultural equipment storage
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Purple: represents the single detached dwelling
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July 3, 2025
File: SEV/FRS/151/2025 SEV/FRS/152/2025 MV/FRS/153/2025
Sent by E-mail Colin Herrewynen Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Herrewynen: Re:
Consent Applications PL-BDJ-2025-0051 and PL-BDJ-2025-0052 (Lot Creation) & Minor Variance Application PL-ZNA-2025-0061 Washburn Road & 266 Bear Creek Road; Township of South Frontenac Waterbody: Bear Creek & unevaluated wetlands
Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted applications for consent and minor variance and offer the following comments for the Township’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. Summary of the Proposal The applicant has requested to sever two 0.8 ha parcels of land from the Washburn Road frontage resulting in an 18.9 ha retained parcel. The proposed severances will result in the creation of two new lots for the development along Washburn Road. The retained lands are developed with a single detached dwelling in the southern portion of the property that is accessed from Bear Creek Road. No new development is proposed for the retained lands as part of this application. The applicant is seeking relief from the minimum lot frontage requirements from the Township’s Zoning By-Law to facilitate the proposed severances. Site Description The subject lands are a through lot with frontage on Washburn Road to the north and Bear Creek Road to the south. Bear Creek runs adjacent to and through the subject lands. The southern portion of the subject lands is developed with a single detached dwelling, associated well and septic system and cleared fields. The centre of the property is naturalized with pockets of unevaluated wetlands. The northern portion of the property in the area of the proposed severances is cleared fields.
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Page 2 of 3 Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with Bear Creek and wetlands on the property. Natural Hazards / Ontario Regulation 41/24 Surface Water Features Cataraqui Conservation, through implementation of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits requires development (building and structures) and site alteration (excavation, grading, placement of fill) to be located outside of natural hazard areas and set back a minimum of 30 m from surface water features including watercourses (creeks, streams) and wetlands. The intent is to protect development from potential flooding and erosion hazards and to preserve the hydrologic function of these features. Bear Creek runs adjacent to and through the subject lands and flows into the River Styx to the east. Bear Creek is a regulated features and as such a 30 m setback is applied. There are pockets of unevaluated wetlands on the retained lands. The existing development on the retained lands is outside of the required 30 m setback from Bear Creek and unevaluated wetlands. Staff note that any new creek crossings and improvements to the existing crossing on the retained lands will require permit approval by CRCA and new crossing may not be permitted. The proposed severed lots are located well beyond 30 m from Bear Creek and areas with unevaluated wetlands. Karst Topography Karst is a type of unstable bedrock that is relatively common in the Cataraqui Region area and is considered a natural hazard under the 2024 Provincial Planning Statement and Ontario Regulation 41/024. As with other natural hazards, there is risk of damage to buildings, property and human safety when development is located within or near unstable bedrock. Accordingly, CRCA’s regulation directs development away from these areas and features. The subject lands are not in an area of karst topography as identified by OGS mapping. If karst features are discovered during future excavation the owner is advised to contact CRCA to determine next steps. Recommendation Staff have no objection to approval of PL-BDJ-2025-0051, PL-BDJ-2025-0052 and PL-ZNA-20250061 based on our review of natural hazards. Ontario Regulation 41/24 The proposed severed lots are located outside of CRCA’s regulated area as per Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O.Reg 148/06), which is administered by the CRCA. Future development of the proposed severed lots will not require a permit from CRCA. Please note that portions of the retained lands within 30 m of Bear Creek are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06). Lands within 30 m of the unevaluated wetlands may also be regulated. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca
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Page 3 of 3 by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards and to ensure the protection of wetlands. The current landowner is advised to contact CRCA before considering any work within 30 metres of Bear Creek and 30 m of the unevaluated wetlands on the retained lands. 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 estucke@crca.ca Sincerely,
Emma Stucke, RPP, MCIP Resource Planner cc. Applicant by email
Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca
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To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
July 10, 2025
Subject:
Consent Applications PL-BDJ-2025-0051, PL-BDJ-2025-0052 and Minor Variance Application PL-ZNA-2025-0061, Carey (Boulevard Group), Washburn Road & 2666 Bear Creek Road, Storrington District
Summary This report recommends that the Committee of Adjustment grant approval of the subject consent applications and minor variance application for zoning relief subject to conditions. Background The subject property is designated as Rural in the South Frontenac Township Official Plan. It is zoned Rural Zone (RU) in Zoning By-law No. 2003-75, as amended. The subject property has road frontage along Washburn Road and Bear Creek Road. It currently has a broken frontage along Washburn Road of approximately 200m and approximately a 400m frontage along Bear Creek Road. The area along Washburn Road consists of farmland with some natural tree areas. The western property line is along an existing watercourse and also adjacent to more naturalized treed areas. The area along Bear Creek Road consists of agricultural fields and naturalized areas consisting of trees, grasslands, ponds and a watercourse. There is an existing dwelling at the south end of the property, accessed from Bear Creek Road. The entire property is approximately 146.7 Ac (59.3 Ha) in area. Proposal The consent applications are for the creation of two new residential lots along Washburn Road. The minor variance application is to allow the severed parcels to have less than the minimum 76m lot frontage required by section 7.3.2 of the Zoning By-law. Each of the lots to be severed are proposed to have a frontage of approximately 72.5m along Washburn Road and have an area of 2 Ac (0.8 ha). The lot to be retained is proposed to have a frontage of approximately 54.6m along Washburn Road, and also a 400m of frontage along Bear Creek Road, with an area of approximately 146 Ac (59.3 ha).
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
Related Applications The lands are not subject to any additional applications under the Planning Act at this time. Supporting Documentation A Plot Plan created by the Boulevard Group, revision 2. Dated May 2025 was submitted with the application. The Plot Plan includes the location of the proposed lots to be severed along Washburn Road as well as the location of area Barns and their respective Minimum Distance Separation (MDS) calculated distances. The Deed for the subject property was submitted with the application which outlines the legal descriptions for the property along Washburn Road and Bear Creek Road. It was understood that when the application was deemed complete, that the area from Washburn Road to Bear Creek Road was one property. After the application was deemed complete, the Agent raised concerns that the property may be two separately conveyable parts. If that is the case, the retained parcel would have insufficient frontage (56.4m) on Washburn Road. As such, a recommended condition of approval is to require confirmation of the status of the property to ensure that the lot to be retained has sufficient frontage on a road. Two Minimum Distance Separation Assessment reports were submitted with the applications, both dated June 2025, authored by the Boulevard Group. The first report includes a MDS review of barns and livestock facilities located at 2920, 2846, and 2848 Washburn Road. The second updated report submitted includes further information about the livestock facility at 2920 Washburn Road. Department and Agency Comments Cataraqui Region Conservation Authority Cataraqui Region Conservation was circulated the applications and advised of no objections. The CRCA noted that they should be contacted before the current landowner considers work within 30 metres of Bear Creek and 30m of the unevaluated wetlands on the retained property. Public Services Public Services advised that they have no objections to approval of applications PL-BDJ2025-0051 and PL-BDJ-2025-0052. The retained parcel has an adequate entrance and sight lines for use as a field entrance only. Both severed parcels have adequate entrance sight lines. The need for road allowance widening along Washburn Road should be confirmed by the surveyor as a condition of approval. In the proposed lot configuration, the frontage of the retained portion along Washburn Road will not meet the minimum sight distance to facilitate safe access for future residential development. Public Comments No public comments were received at the time of writing this report.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
Planning Analysis The consent applications need to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Consent The Provincial Planning Statement (2024) allows residential lot creation on Rural lands where site conditions are suitable for the provision of appropriate sewage and water services. 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 a landholding provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for a severance under Section 5.7.4 because there have been no previous severances from the subject property since the adoption of the Official Plan. Section 5.7.4 requires the frontage, size and shape of any lot created for rural residential purposes through the severance approval process to be appropriate for the proposed use and to conform to the provisions of the zoning by-law. The proposed new lots would meet the requirements for a minimum lot area of 0.8 hectare. As discussed below, the proposed reduced lot frontages of the severed parcels would maintain the intent of the Official Plan. Rural development must be serviced by private water and sewage systems. The Township typically requires the ability to be serviced by a private well to be demonstrated as a condition of consent approval. Sewage system requirements would be addressed at the building permit application stage. As outlined in the Minimum Distance Separation (MDS) Assessments, there are a number of livestock facilities located in the surrounding area that need to be taken into consideration. The different facilities, their addresses, and the required MDS I setbacks are listed below: •
•
•
2920 Washburn Road o One (1) Livestock Barn o Required MDS I Setback of 202m for new lots. o Approximate actual distance from new lots: 230m 2846 Washburn Road o One (1) Livestock Barn o Required MDS I Setback of 212m for new lots. o Approximate actual distance from new lots: 280m 2848 Washburn Road o One (1) Livestock Barn o Required MDS I Setback of 348m for new lots. o Approximate actual distance from new lots: 500m www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
The Minimum Distance Separation (MDS) document produced by the Province requires that for the creation of a new lot without an existing dwelling that is less than 1 ha in size, the MDS I setback is required to be measured to the shortest distance to the proposed lot line. Taking into account the required MDS I setbacks, both of the proposed lots to be severed are outside the required MDS I setbacks from the barns located at 2920, 2846, and 2848 Washburn Road. The two proposed lots therefore conform to the applicable minimum distance separation policies. The lot to be retained currently meets and will continue to meet the lot size requirements and lot frontage requirements being approximately 145 Ac in size and having a frontage of 54.6m along Washburn Road and 400m along Bear Creek Road. Access to the agricultural fields along Washburn Road can still be obtained through the existing farm access identified by Public Services. Legal access to the agricultural fields could also be obtained from Bear Creek Road through the entire property. The retained parcel is currently developed with a dwelling along Bear Creek Road. The consent application meets the criteria outlined in section 51(24) of the Planning Act, does not require a plan of subdivision for the proper and orderly development of the municipality, is consistent with the PPS, and conforms to the County and Township Official Plans. The severed parcels and retained parcel will comply with the Zoning By-law subject to the requested minor variance for lot frontages. Minor Variance The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural on Schedule A of the Township Official Plan. The type and amount of development on rural lands must maintain the rural character, natural heritage and cultural landscape in the Township. Section 5.7.4 of the Official Plan states that Limited non-agricultural residential development may be permitted within the Rural area so as to provide a variety of living accommodation for the residents of the Township. Section 5.7.4(ii)(a) of the Township Official Plan specifies a minimum lot frontage for new lots in rural areas to be 76 metres. The subject property has approximately 200 metres of broken frontage along Washburn Road and approximately 400 metres of frontage along Bear Creek Road. The severed parcels would have 72.5 metres frontage each and the retained parcel would have 54.6 metres of frontage along Washburn Road and 400 metres of frontage along Bear Creek Road. These frontages would be similar to the frontages of lots of record on this section of Washburn Road (they range from 30 to 80 metres). The proposed reduced frontage would also be considered appropriate, since it would not impact the severed lots’ ability to be developed and provide adequate separation between www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
driveways, septic systems, wells, and for a dwelling to meet the required setbacks as outlined in the Zoning Bylaw. It is the opinion of Township Planning Staff that the proposed variances maintain the general intent and purpose of the Official Plan, specifically the policies related to rural residential development. The proposed reduced frontages do not impact the development potential of the severed parcel nor the continued use of the retained parcel. Does the variance maintain the general intent and purpose of the Zoning By-law? For properties in the RU Zone, section 7.3.2 states that the minimum lot frontage for single detached residential uses is 76 metres (250 ft). The Zoning By-law requires minimum lot frontages to allow for a separation between driveways and to improve traffic safety. Minimum lot frontages are also required in order to ensure a development pattern that is reasonably consistent in nature, to avoid an overdeveloped appearance and to help ensure a reasonable separation between uses. In this situation, reduced lot frontages would be appropriate due to the existing development pattern along Washburn Road. The proposed frontage would be able to accommodate well and sewage system separation requirements and still allow the lots to be used as intended. Due to this, it is the option of Township Planning staff that the proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variances are desirable for the appropriate development of the land. The addition of two new residential building lots would expand the housing options in this area along Washburn Road. The proposed severances would also be a better utilization of the land fronting onto Washburn Road, while still allowing the retained land to be used for agricultural purposes. Other than the lot frontages, the other provisions outlined the zoning bylaw are conformed to. 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. The requested variances are also desirable for the appropriate development of the land. There are no anticipated negative impacts on surrounding properties. It is the opinion of Planning staff that the proposal maintains the general intent and purpose of the Official Plan and of the Zoning By-law, is desirable for the appropriate development and use of the land, and is minor. 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 www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
• •
by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendations Consent It is recommended that applications PL-BDJ-2025-0051 and PL-BDJ-2025-0052 for the creation two new Residential lots along Washburn Road be approved subject to the following conditions. Expiry Period
- Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
- The land to be severed by Consent Applications PL-BDJ-2025-0051 and PL-BDJ2025-0052 shall be for the creation of one new residential lot each that is a minimum 0.8ha in area with a minimum 72.5 metres of frontage on Washburn Road. The lot area, frontage and configuration of the proposed severed lots shall be consistent with the sketch submitted by the applicant attached to the decision as “Schedule A”. Retained Lands
- The lawyer for the applicant shall confirm that the property legally described as (Parcel 1) “The South half of Lot 4, in the Sixth Concession of the said Township of Storrington”, and (Parcel 2) “Those parts of Lots 3 and 4, Concession 6 in the Geographic Township of Storrington, being Parts 1, 2 and 3 on Plan 13R-23253” are one parcel and cannot be conveyed separately. If it is determined that the property consists of two parcels that are separately conveyable, the lawyer for the applicant shall submit a Solicitors Personal Undertaking to provide a registered Application Consolidation Parcels within six (6) months of the Certificate of Official being signed by the Township of South Frontenac. Survey/Reference Plan or Registerable Description
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. www.southfrontenac.net Page 141 of 260 South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
- The surveyor or applicant shall submit the draft Reference Plan, including area calculations and noting frontages 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 Allowance Widening
- The surveyor who prepares the reference plan referred to in Condition #4 and #5 shall also determine by survey the width of Washburn 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 Washburn 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
- 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.
- The Township of South Frontenac shall receive 5% of the value of the each of the severed parcels, in lieu of parkland [Planning Act, s. 51(1)]. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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- 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 each of the severed parcels.
- In the event that there are abandoned wells located on the severed parcels or the retained property, the wells 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. Zoning
- The applicant is required to apply for a minor variance to permit the severed parcels to have a minimum of 72.5 metres of lot frontage.
- Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Minor Variance It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0061, such that the severed parcels from Consent Applications PL-BDJ-2025-0051 and PL-BDJ2025-0052 are each permitted to have a minimum 72.5 metres of lot frontage. Report Prepared By: Colin Herrewynen, RPP, MCIP, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning
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June 27, 2025
File: SEV/FRS/28/2025 MV/FRS/149/2025
Sent by E-mail Colin Herrewynen Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Herrewynen: Re:
Consent Application PL-BDJ-2025-0023 (Lot Creation) & Minor Variance Application PL-ZNA-2025-0024 5007 Battersea Road; Township of South Frontenac Waterbody: Loughborough Lake, Milburn Creek Locally Significant Wetland & Unnamed Watercourse
Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted applications for consent and minor variance and offer the following comments for the Township’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. Summary of the Proposal The applicant has requested to sever a 10.5 ha (26 ac) parcel of land resulting in a 3 ha (7.5 ac) retained parcel. The proposed severance would result in the creation of a new lot for development. The severed parcel is developed with a single detached dwelling, and two storage buildings. The retained lands are vacant. The applicant is seeking relief from the minimum lot frontage requirements from the Township’s Zoning By-Law to facilitate the proposed severance. Site Description The subject lands are located on the north side of Battersea Road, west of Battersea within a drainage catchment that flows into Loughborough Lake. The lands have frontage on the south shore of the north basin of Loughborough Lake. The lands contain wetlands on the northern half of the property and a watercourse beginning from the southeastern corner of the property flowing north into the wetlands and Loughborough Lake. The southwestern portion of the subject lands is developed with a single detached dwelling, associated well and septic system, and two storage buildings. The southwestern area of the property is relatively flat. There is a steep ridge the runs across the subject property from the southeastern corner to the approximate midpoint of the western property line. The southern portion
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Page 2 of 3 of the lands are cleared and grassy and the ridge is treed and vegetated. Lands beyond the ridge to the east, south of the wetlands are cleared fields. Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with Loughborough Lake, Milburn Creek Locally Significant Wetland and the un-named watercourse on the property. Natural Hazards / Ontario Regulation 41/24 Flooding/Millburn Creek Locally Significant Wetland The highest recorded water level for Loughborough Lake is 125.1 metres geodetic. For Loughborough Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based on elevation mapping, the floodplain extends into the lot’s interior and appears to be roughly coincident with the wetland edge. Cataraqui Conservation’s regulatory policies for implementing O. Reg. 148/06 require new buildings and structures to be set back at least 30 metres from the limit of the Milburn Creek Wetland, to protect the hydrologic function of the wetland. The existing structures exceed this setback, and there is adequate area on the retained lands for future development to meet this setback. Surface Water Features Cataraqui Conservation, through implementation of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits requires development (building and structures) and site alteration (excavation, grading, placement of fill) to be located outside of natural hazard areas and set back a minimum of 30 m from surface water features including watercourses (creeks, streams). The intent is to protect development from potential flooding and erosion hazards and to preserve the hydrologic function of these features. There is a watercourse running south to north through the subject lands flowing into the Milburn Creek Wetland and Loughborough Lake. The watercourse is a regulated features and as such a 30 m setback is applied. The existing development on the severed lot is outside of the required 30 m setback and there is adequate area on the western portion of the retained lands outside of the 30 m setback from the watercourse and wetlands to accommodate a driveway and building envelope. Staff note that the eastern portion of the retained lands at the road frontage is entirely within the 30 m setback from the watercourse. Staff note that any new watercourse crossing and improvements to the existing crossing will require permit approval by CRCA and new crossing may not be permitted. Karst Topography Karst is a type of unstable bedrock that is relatively common in the Cataraqui Region area and is considered a natural hazard under the 2024 Provincial Planning Statement and Ontario Regulation 41/024. As with other natural hazards, there is risk of damage to buildings, property and human
Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca
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Page 3 of 3 safety when development is located within or near unstable bedrock. Accordingly, CRCA’s regulation directs development away from these areas and features The subject lands are in an area of inferred and potential karst topography as identified by OGS mapping. From a review of aerial imagery, and a site visit on June 26, 2025, there is no visual evidence of karst topography in the southwestern portion of the retained lands. Based on this, staff are satisfied that there is a developable area on the severed lands outside of areas of karst. We note that should karst features (e.g. fissures, crevices, sinkholes, etc.) be encountered on the subject lands during future construction/excavation, the applicant will need to contract CRCA staff to determine appropriate actions. Recommendation Staff have no objection to approval of PL-BDJ-2025-0023 and PL-ZNA-2025-0024 based on our review of natural hazards. Ontario Regulation 41/24 Please note that portions of the lands within 30 m of the watercourse and Milburn Creek Wetlands 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 and to ensure the protection of wetlands. Current and future landowners are advised to contact CRCA before considering any work within 30 metres of the watercourse and wetlands on the subject lands, including any development proposed for the eastern portion of the retained lands. 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 estucke@crca.ca Sincerely,
Emma Stucke, RPP, MCIP Resource Planner cc. Applicant by email
Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca
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To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
July 10, 2025
Subject:
Consent Application PL-BDJ-2025-0023 and Minor Variance Application PL-ZNA-2025-0024, Freeman, 5007 Battersea Road, Storrington District
Summary This report recommends that the Committee of Adjustment grant approval of the subject consent application and minor variance application for zoning relief subject to conditions. Background The subject property is located at 5007 Battersea Road within the settlement of Battersea. The southern end of the property along Battersea Road is designated as Settlement Area within the South Frontenac Township Official Plan. The north end of the subject property is designated Environmental Protection. The property is zoned Urban Residential - First Density Zone (UR1) in Zoning By-law No. 2003-75, as amended. The subject property is approximately 86 Ac (34.8 ha) area along Battersea Road. The north area of the property is adjacent to a part of Loughborough Lake and occupied by natural vegetation, tree cover, wetland features including the Milburn Creek Wetland and a watercourse. The southern end of property is presently occupied by an existing dwelling with two storage buildings and areas of agricultural fields. The surrounding area along Battersea Road consists of residential development, whereas the north end of the property consists of residential lakefront properties along Loughborough Lake. Along the westerly property line, there is an existing lane (Welling Lane) used to access the rear of the property. Proposal The consent application is for the creation of a new residential lot. The minor variance application is to allow the severed and retained parcels to have less than the minimum 76m lot frontage required by section 14.3.1 of the Zoning By-law. The lot to be severed is proposed to have a frontage of approximately 53.5m along Battersea Road, have an area of 2 Ac (0.8 ha), and contain the existing dwelling and storage buildings. The lot would continue to be accessed off Welling Lane. The lot to be retained is proposed to have a broken frontage of approximately 75m west of 5033 Battersea Road, and then 70m of frontage on the east side of 5033 Battersea Road, with an area of 84 Ac (34 ha). The 70m frontage on the east side of 5033 Battersea Road has a www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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steep drop off which is not accessible from Battersea Road. The severed lands are currently accessed from Welling Lane. The retained lands are proposed to remain vacant. The reduced frontages are proposed due to the limited frontage of the subject lands west of 5033 Battersea Road and the drop off east of 5033 Battersea Road which limits the accessible frontage along Battersea Road. In the application submitted, a minimum frontage of 50m for the lot to be severed and a minimum frontage of 70m for the lot to be retained was proposed to provide flexibility in establishing the new shared property line that ensures the existing sewage system of the dwelling will be entirely on the lot to be severed. Related Applications The lands are not subject to any additional applications under the Planning Act at this time. Department and Agency Comments Cataraqui Region Conservation Authority Cataraqui Conservation was circulated the applications and advised of no objections. Current and future landowners are advised to contact CRCA before considering any work within 30 metres of the watercourse and wetlands on the subject lands, including any development proposed for the eastern portion of the retained lands. Public Services Public Services advised that they have no objection to approval of the applications. The retained and severed parcels have adequate entrance sight lines. The need for road allowance widening along Battersea Road should be confirmed by the surveyor as a condition of approval. Public Comments No public comments were received at the time of writing this report. Planning Analysis The consent application needs to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Consent The PPS states that rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted (section 2.5.2). The PPS also states that planning authorities must consider rural characteristics, the scale of development and the provision of appropriate service levels when directing development in rural settlement areas (s. 2.5.2). It also requires planning authorities to provide for an appropriate range and www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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mix of housing options to meet the protected needs of current and future residents (s. 2.1.4, 2.2.1, 2.5.1). The County of Frontenac Official Plan encourages the Township to promote mixed use development including residential, commercial, institutional, parks and employment areas in settlement areas (s. 3.2). The Township of South Frontenac Official Plan also intends that a majority of new growth will be directed to existing settlement areas where it can be supported by appropriate servicing (s. 5.6). Section 5.6.6 of the Township Official Plan indicates that a maximum of three residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as other applicable policies. The subject property is eligible for the proposed severance because there have been no previous severances from the subject property since the adoption of the Official Plan. Section 5.6.1 (ii)(b) of the Township Official Plan states that the minimum lot area for lots shall not be less than 0.8 Ha (2 Ac) when serviced by a private well and private sanitary sewage system. The general consent policies (Section 7.1) echo the requirement for minimum lot areas. The UR1 zone also requires a minimum 0.8 Ha lot area. The severed parcel, at 0.8 Ha (2 Ac), would comply with this requirement. The severed lot is currently developed with a dwelling, storage buildings, and has an existing septic system and well. The existing dwelling would conform to the new property line setback requirements. The proposed retained lot also meets the minimum size requirement for lot area, being 84 Ac (34 ha). The Township Official Plan does not specify minimum lot frontages for new lots in settlement areas. However, the UR1 zone requires 76 metres frontage. As discussed below, the proposed reduced lot frontages of the severed parcel and retained parcel would maintain the intent of the Official Plan. The consent application meets the criteria outlined in section 51(24) of the Planning Act, does not require a plan of subdivision for the proper and orderly development of the municipality, is consistent with the PPS, and conforms to the County and Township Official Plans. The severed parcel and retained parcel will comply with the Zoning By-law subject to the requested minor variance for lot frontages. Minor Variance 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 southern part of the subject lands are designated Settlement Area on Schedule A of the Township Official Plan. Settlement areas are intended to be the focus of the majority of new growth in the municipality. A full range of land uses are permitted in Settlement Areas, including residential uses. The proposed lot to be severed is developed and has an existing residential use established on it. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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The Township Official Plan does not specify minimum lot frontages for new lots in settlement areas. The Official Plan policy provides flexibility to consider neighbourhood character and existing lot fabrics. The subject property has 128.5 metres frontage west of 5033 Battersea Road, which would be divided between the severed and retained parcels. The severed parcel would have 53.5 metres frontage and the retained parcel would have 75 metres frontage. These frontages would be similar to the frontages of lots of record on this section of Battersea Road (they range from 30 to 60 metres). This reduced frontages for both lots would still be considered usable since it would still allow for adequate separation between the neighbouring lots. The proposed lot to be severed is also able to meet the required lot size due to the proposed depth. The lot to be retained will continue to be accessed off of Welling Lane. It is the opinion of Township Planning Staff that the proposed variances maintain the general intent and purpose of the Official Plan, specifically the policies related to residential development. The proposed reduced frontages do not impact the functionality of the severed parcel nor the continued use or future development potential of the retained parcel. Does the variance maintain the general intent and purpose of the Zoning By-law? For properties in the Urban Residential - First Density Zone (UR1), section 14.3.1 states that the minimum lot frontage for single detached residential uses is 76 metres (250 ft). The Zoning By-law requires minimum lot frontages to allow for a separation between driveways and to improve traffic safety. Minimum lot frontages are also required in order to ensure a development pattern that is reasonably consistent in nature, to avoid an overdeveloped appearance, to help ensure a reasonable separation between uses and also to ensure well and septic systems can meet separation requirements. In this situation, reduced lot frontages would complement the existing development pattern and still allow the lots to be used as intended. Due to this, it is the opinion of Township Planning staff that the proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variances are desirable for the appropriate development of the land. The separation of the existing dwelling with storage buildings from the greater lot area would allow for new uses or development opportunities on the lot to be retained in the future. The lot to be severed is proposed to have a reduced lot frontage. The area where the dwelling is has functioned as a property with a small frontage onto Battersea Road for many years with the main driveway accessed off Welling Lane. This severed lot will continue to function as it has in the past with the dwelling and storage buildings. The lot to be retained can be accessed along a portion of Battersea Road west of 5033 Battersea Road and from Welling Lane. This provides flexibility to the continued or new uses in the future on the lot to be retained. Other than the lot frontages, the other provisions outlined the zoning bylaw are conformed to.
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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. The requested variances are also desirable for the appropriate development of the land. There are no anticipated negative impacts on surrounding properties. It is the opinion of Planning staff that the proposal maintains the general intent and purpose of the Official Plan and of the Zoning By-law, is desirable for the appropriate development and use of the land, and is minor. 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 notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendations Consent It is recommended that application PL-BDJ-2025-0023 for the creation of a new Residential lot be approved subject to the following conditions: Expiry Period
- Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
- The land to be severed by Consent Application PL-BDJ-2025-0023 shall be for the creation of one new residential lot that is 0.8ha in area with a minimum of 50 metres of frontage on Battersea Road. The lot area, frontage and configuration of the proposed severed lot shall be consistent with the sketch submitted by the applicant attached to the decision as “Schedule A”. Survey/Reference Plan or Registerable Description
- 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 South Frontenac is a welcoming and thriving rural community.
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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 of the severed parcel along Battersea Road, and confirming that the lot to be retained has a minimum of 70 metres of frontage on Battersea Road between the severed parcel and 5033 Battersea 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 Allowance Widening 5. The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of Battersea Road to be 30m. If such a width is less than 30m, 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 15m from the centre of the existing travelled road for Battersea 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.
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Municipal Requirements 6. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official. 7. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 8. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells 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. Zoning 9. The applicant is required to apply for a minor variance to permit the severed parcel to have a minimum of 50 metres of lot frontage and the retained parcel to have a minimum 70 metres of lot frontage. 10. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Minor Variance It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0024 for 5007 Battersea Road, such that the severed parcel from consent application PL-BDJ2025-0023 is permitted to have a minimum 50 metres of lot frontage and the retained parcel is permitted to have a minimum 70 metres of lot frontage.
Report Prepared By: Colin Herrewynen, RPP, MCIP, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning
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TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended 15. If the answer to item 14 is yes, for each proposed addition, building or structure indicate: (1) (2) Cottage/Principal Garage Building
(3) Waterfront deck
(4) Entry deck
Setback from Front Lot Line
59 ft.
100 ft.
50 ft.
83 ft.
Setback from Rear Lot Line
142 ft.
60 ft.
172 ft.
144 ft.
Setback from Side Lot Line
55.6 ft.
10.6 ft.
55.6 ft.
72.6 ft.
19.7 ft. (6 m.)
N/A
40’ x 32’
825 ft2 (irregular shape)
10’ x 14’
100 ft.
50 ft.
83 ft.
Type of Structure (E.g. residence)
Height of Building
(Also indicate if it is one story or two story)
36.1 ft. (11 m.)
One story but with walkout basement and loft
70’7” x 37’8” Outside Irregular shape; Dimensions of proposed Building/Structure dwelling footprint is 1968.65 ft2 Setback from High Water Mark (if applicable)
59 ft.
N/A
NOTES: 1) If the subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same. 2) The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building. 16.
Do your plans include any DEMOLITION of existing structures?
☒ Yes
☐ No
If yes, please provide details: Demolition of existing principal residence/cottage._______________________________________
6
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16'4"(5m.)
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Inset Inset Map Map IS LA
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PL-ZNA-2025-0060
280 ISLAND DR
(DELAGE) 282 ISLAND DRIVE LANE Legend Subject Lands Wetland Wooded Area
294 ISLAND DR
Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity
282 ISLAND DR
Non-Lake Trout Lake - At Capacity Waterbody Township Boundary Road 288 ISLAND DR
ISLAND DR LANE
Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2025.
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While the County makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
ISLAND DR
ISLAND DRIVE L ANE
ISLAND DRIVE LANE
ISLAND DR
Scale: 1:600 0
5
10
20 m
287 ISLAND DR 281 ISLAND DR
UTM Zone 18 NAD 83 Date: 03/06/2025
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July 4, 2025 25-SFR-MVA-0015 Committee of Adjustment Township of South Frontenac 4432 George St. Box 100 Sydenham ON K0H 2T0
Attention:
Kate Kaestner, Planning Clerk & Secretary Treasurer
Subject:
Application for Minor Variance PL-ZNA-2025-0060 Kevin & Antonietta Delage 282 Island Drive Lane, South Frontenac ARN 1029 0300 2075 7000 0000
Dear Ms. Kaestner, The Rideau Valley Conservation Authority has received the above noted application and have reviewed it within the context of: • • •
Section 5.2 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act; Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits under Section 28 of the Conservation Authorities Act; The Mississippi-Rideau Source Water Protection Plan;
The Proposal Based on the circulated materials, RVCA understands this application requests permission to construct a residential dwelling and attached deck within the 30 m highwater mark of Bob’s Lake. The proposed dwelling would be setback from the shoreline approximately 15 m (50 ft), which would replace an existing dwelling setback from the shoreline approximately 6 m (20 ft).
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The Property The subject lands are described as Part Lot 32 Concession 6 Bedford, municipally known as 282 Island Drive Lane in the Township of South Frontenac. The lands are approximately 0.33 ha (0.83 ac) in area, with approximately 76 m (250 ft) of water frontage along Bob’s Lake, a regulated waterbody with a Regulated Flood Level of 163.07 masl. The lands generally slope down towards the shoreline, with areas of exposed bedrock visible. The lands are presently developed with an existing dwelling, and accessory structures. A review of our records and mapping shows that there are no Provincially Significant Wetlands (PSWs) or mapped natural hazards in the form of mapped floodplain, organic soils or marine clays present on the subject lands. Our office notes the presence of steep slopes along the shoreline, as well as an exposed granite outcrop on the property. Provincial Policy Statement Regarding Section 5.2 Natural Hazards within the PPS, development is to be directed away from areas which are impacted by hazards, including erosion hazards and unstable soils or bedrock. The owner submitted in support of the application a Slope Stability Assessment Memo prepared by Kollaard Associates dated June 20, 2025. Based on their assessment, the proposed dwelling is located approximately 5 m from the top of slope, and approximately 15 m from the shoreline. Given the shallow soils and subsurface conditions, Kollaard’s determined that development is not anticipated to affect the stability of the slope. During a site visit with the owner, RVCA staff noted the presence of an exposed granite outcrop that would be located behind the proposed development. The outcrop showed historical signs of rockfalls which could be a potential risk to life and property. RVCA notes that the existing dwelling is located at the top of a significantly steep slope, with minimal setback to top of slope, and a water setback of approximately only 6 m. Our office appreciates the efforts made by the applicant to locate proposed development in a more appropriate area that will have less impact and risk to shoreline erosion. Ontario Regulation 41/24 The proposed minor variance request does not appear to impact any mapped natural hazards. Any development activity and/or site alteration proposed within RVCA’s regulated area (within 15 metres of a watercourse/waterbody) will require a permit from our office in accordance with Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Source Water Protection The subject property is identified as overlying a highly vulnerable aquifer. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking
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groundwater supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. Some best practices that could be considered include: • • • • •
increased well casing depths, increased distance of septic systems from drinking water wells, ensuring septic systems are located downgradient of wells, ensuring that wells and septic systems are properly maintained, avoiding the use of pesticides, herbicides, and fertilizers.
Conclusion RVCA has no objections to the proposed minor variance application, subject to the owner submitting an updated Slope Stability Assessment Memo for our review and approval, which addresses the risk, or lack, of rockfall associated with the granite outcrop, as well as any mitigation measures that should be implemented to eliminate the potential risk, if necessary. RVCA also provides the following advisory comment for consideration: • Roof runoff should be collected and directed on-site and away from slopes and shorelines into natural or constructed leaching pits and/or rain barrels to provide the greatest infiltration of surface runoff. Runoff should not outlet or be directed towards the lake. Other Low Impact Development (LID) techniques should be considered to address runoff from hardened surfaces (roofs, walkways, decks, driveways, etc). Please advise us on the Committee’s decision respecting this application, or any changes in the status of the application. Best regards,
Dan Nguyen Planner, RVCA cc -Kevin & Antoinetta Delage, owner cc -Noah Perron, Planner Township of South Frontenac
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Page 3 of 3
Civil • Geotechnical • Structural • Environmental • Materials Testing •
(613) 860-0923
210 Prescott Street, Unit 1 P.O. Box 189 Kemptville, Ontario K0G 1J0
FAX: (613) 258-0475
Kollaard File # 250323 Page 1
June 20, 2025 Kevin Delage 4 Catalina Drive Nepean, ON K2H 8N9 Re:
Slope Stability Assessment Memo 282 Island Drive Lane, South Frontenac, Ontario
Kollaard Associates was retained to assess the effects of the proposed dwelling development on the stability of the slope at 282 Island Drive Lane, South Frontenac, Ontario. A proposed site plan dated March 20, 2025 prepared by Atkinson Home Hardware (Proposed Custom Home – 292 Island Drive Lane) was reviewed for the purposes of this letter. The site plan indicates the location of the existing cottage and the proposed dwelling development on site. It is understood the existing cottage will be demolished at a later date. The subject property is located on a 0.35 hectare parcel of land with frontage on Island Drive Lane approximately 7 kilometres southwest of the town of Bolingbroke, ON. For the purposes of this letter, Island Drive Lane is considered to be oriented on an east-west axis adjacent to the site. The property known as 282 Island Drive Lane, South Frontenac, ON is located between the north side of Island Drive Lane and the south shore of Bobs Lake (Mud Bay). The site is currently occupied by an existing cottage located on the top of one of the slopes on site. The proposed development at the site will consist of a 182 square meter (~1,960 square feet) dwelling and 111 square meter (1,200 square feet) detached garage. The existing cottage is to remain on site during the construction of the new proposed dwelling and detached garage. In order to assess the stability of the slope the details of the required investigation have been defined based on Table 4.2 (slope stability rating chart) of the MNR’s “Technical Guide River & Stream Systems: Erosion Hazard Limit”.
From Table 4-2 (Slope near New Proposed Dwelling) Category
Criteria
Rating
- Slope Inclination
18 – 26 (25 degrees)
6
- Soil Stratigraphy
Thin layer bedrock
- Seepage from Slope Face
None or near bottom only
0
- Slope Height
2.1 to 5.0 m (5.0 m)
2
- Vegetation
Light vegetation; mostly grass, 4 weeds, occasional trees, shrubs
Professional Engineers Ontario
of
Authorized by the Association of Professional Engineers of Ontario to offer professional engineering services.
soil/exposed 0
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Slope Stability Assessment Memo 282 Island Drive Lane, South Frontenac, ON 250323 Page 2
Kevin Delage June 20, 2025 6. Table Land Drainage
Minor drainage over slope, no 2 active erosion
- Proximity to Watercourse
Less than 15 metres or more 6 from toe of slope
- Previous Landslide Activity
No
0
Total
20
*No seepage was noted during the visit by Kollaard Associates Inc. <24 – Low potential = Site Inspection only, confirmation, report letter From Table 4-2 (Slope near Existing Cottage) Category
Criteria
Rating
- Slope Inclination
More than 26 (39 degrees)
16
- Soil Stratigraphy
Thin layer bedrock
- Seepage from Slope Face
None or near bottom only
0
- Slope Height
5.1 to 10.0 m (9.5 m)
4
- Vegetation
Well vegetated; heavy shrubs 0 or forested with mature trees
- Table Land Drainage
Minor drainage over slope, no 2 active erosion
- Proximity to Watercourse
Less than 15 metres or more 6 from toe of slope
- Previous Landslide Activity
No
of
soil/exposed 0
0
Total
28
*No seepage was noted during the visit by Kollaard Associates Inc. 25-35 – Slight potential = Site Inspection and surveying, preliminary study, detailed report Based on Table 4.2 the slope on the subject property near the proposed dwelling location requires a site inspection, confirmation, and a report letter. As the existing cottage is to be demolished and no construction is to replace the structure, no further investigation was deemed required. Kollaard Associates completed a site visit April 16, 2025. The following is based on the site visit completed by Kollaard Associates: • The existing cottage is located at the top of an existing slope at the site. • The proposed dwelling location is approximately 5 metres from the top of slope. • Bobs Lake (Mud Bay) is located approximately 15 metres north of the proposed dwelling location. • The defined slope in the vicinity of the proposed dwelling location has a total height of about 5.0 metres at an inclination of about 25 degrees with respect to horizontal. • In general, the ground surface at the property has a downward slope from the south to the north. • The face of the defined slope is lightly vegetated (young to mature trees, some weeds), with areas of exposed bedrock Civil
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Slope Stability Assessment Memo 282 Island Drive Lane, South Frontenac, ON 250323 Page 3
Kevin Delage June 20, 2025 • •
There was no groundwater seepage observed at the site. There is no indication of historic instability at the site.
In keeping with the recommendations from Table 4.2, a site inspection was carried out and the inspection is summarized in, Table 4.1 (Slope Inspection Record) of the MNR’s “Technical Guide River & Stream Systems: Erosion Hazard Limit” was followed; Table 4-1 Filename/NO. Inspection Date (DDMMYY): Weather: Inspected by: Site Location: Watershed: Property Ownership (name, address, phone): Legal Description Lot Concession Township County Current Land Use Slope Data Height Inclination Slope Drainage (describe)
250323 April 16, 2025 Overcast Isaac Bacon 282 Island Drive Lane, South Frontenac, ON Tay River Kevin Delage Lot 32 Concession 6 Township of South Frontenac Frontenac County Cottage 5.0 metres 25 degrees The ground surface at the property has a downward slope from the south to the north
Slope Soil Stratigraphy Top Face Bottom Water Course Features Vegetation Cover
Top: Shallow bedrock at 0.25 metres Face: Exposed bedrock Bottom: Shallow bedrock at 0.35 metres Bobs Lake (Mud Bay), no significant outflow Minor vegetation (mostly weeds, some young to mature trees) Cottage Exposed bedrock None
Structures Erosion Features Slope Slide Features Top Face Bottom
Due to the shallow bedrock, the proposed dwelling to bear on the bedrock, and the proposed dwelling is offset approximately 5 metres from the top of slope it is considered that the proposed development will have no negative impacts to the existing slope. Conclusions •
The construction of the proposed development will have no affect on the stability of the slope and will pose no adverse effects on the adjacent slope.
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Slope Stability Assessment Memo 282 Island Drive Lane, South Frontenac, ON 250323 Page 4
Kevin Delage June 20, 2025 •
Due to the subsurface conditions of the site it is considered that there are no risks that erosion or other unforeseen conditions could negatively impact the stability of the slope.
We trust this letter provides sufficient information for your purposes. If you have any questions concerning this letter please do not hesitate to contact our office. Best Regards, Kollaard Associates Inc.
Prepared by:
Reviewed by:
Jun 20, 2025
Jun 20, 2025
Isaac Bacon, P.Eng.
Civil
Steven deWit, P.Eng.
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Structural
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Slope Stability Investigation For Proposed Single Family Dwelling 282 Island Drive Lane South Frontenac, Ontario
Kevin Delage April 16, 2025
File No. 250323
RECORD OF TEST PITS SLOPE STABILITY INVESTIGATION FOR PROPOSED SINGLE FAMILY DWELLING 282 ISLAND DRIVE LANE SOUTH FRONTENAC, ONTARIO TEST PIT NUMBER
DEPTH (METRES)
TP1 (tableland)
0.00 – 0.35
TOPSOIL
0.35 – 0.75
Red brown silty sand, some gravel, cobbles, boulders, trace clay (GLACIAL TILL)
0.75
Practical refusal on BEDROCK
0.00 – 0.25
TOPSOIL, trace sand
0.25
Practical refusal on BEDROCK
0.00 – 0.30
TOPSOIL
0.30 – 0.35
Red brown SILTY SAND, trace gravel
0.35
Practical refusal on BEDROCK
DESCRIPTION
Test pit dry on April 15, 2025.
TP2 (top of slope)
Test pit dry on April 15, 2025.
TP3 (toe of slope)
Test pit dry on April 15, 2025.
Civil
• Geotechnical
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16'4"(5m.)
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To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
July 10, 2025
Subject:
Minor Variance Application PL-ZNA-2025-0060, Delage, 282 Island Drive Lane, Bedford District
Summary This report recommends that the Committee of Adjustment grant approval of the subject application for zoning relief for a single detached dwelling, subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act. Background The subject property is designated Rural in the Township Official Plan. The property is zoned Limited Service Residential – Island (RLSI) in Zoning By-law No. 2003-75, as amended. The subject property is approximately 0.83Ac (3360m2) with frontage on Bob’s Lake and Island Drive Lane. The property is bounded by Bob’s Lake to the north, Island Drive Lane to the south, and residential properties to the east and west. Most of the interior of the property has been cleared, but some mature tree and vegetation growth still exists along the shoreline and side yards. Topographically, the middle of the property is relatively flat, before sloping downwards significantly towards the shoreline. The east side of the property is elevated from the remainder, with the northeast corner being the highest point. A large granite outcrop located on the east side of the property overlooks the remaining area below. The property is developed with a seasonal dwelling with attached deck and a detached outhouse. The existing dwelling is located within the slope in the northeast corner of the property. The dwelling is setback 6.1m (20ft) from the highwater mark of Bob’s Lake and 2.4m (8ft) from the side lot line to the east. Proposal The applicant proposes to replace the existing seasonal dwelling with a larger seasonal dwelling setback further from the lake and top of bank. The proposed dwelling would have a 182.9m2 walkout basement and main floor, a 41.4m2 second storey loft, a 76.6m2 attached deck on the waterside, and a 13m2 attached entrance deck on the lane side. The applicant also proposes a 111.4m2 detached garage that would comply with applicable zoning
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-ZNA-2025-0060
provisions, and a sewage system that would comply with Ontario Building Code requirements. Zoning Relief Requested Section 5.8.2 (b) – To permit a seasonal dwelling and attached deck to be setback a minimum of 5 metres from the top of bank, whereas a minimum 15 metre setback is required for all buildings and structures. Section 5.8.2(a) & Section 11.3.1 – To permit a seasonal dwelling and attached deck to be setback a minimum of 15.3 metres from the highwater mark of a waterbody, whereas a minimum 30 metre setback is required for all building and structures. Section 11.3.1 – To permit a seasonal dwelling and attached deck to be setback a minimum of 15.3 metres from the front lot line, whereas a minimum 30 metre setback is required for all buildings and structures. Section 11.3.1 – To permit an increase in lot coverage to 8.5% for the principal building, whereas the Zoning By-law permits a maximum of 5%. Related Applications The lands are not subject to any additional applications under the Planning Act. Supporting Documentation A Slope Stability Assessment Memo (Kollard Associates Inc., Dated June 20, 2025) was submitted in support of the application. The assessment noted that the proposed seasonal dwelling would be founded on bedrock and would be setback 5 metres from the top of bank. The assessment concluded that the construction of the proposed development would have no effect on the stability of the slope and would pose no adverse effects on the adjacent slope. Further, it was concluded that due to the subsurface conditions of the site that there are no risks that erosions or other unforeseen conditions could negatively impact the stability of the slope. Department and Agency Comments Rideau Valley Conservation Authority provided comments on July 4, 2025. RVCA Staff reviewed the Slope Stability Assessment Memo and noted its conclusion. Further, RVCA staff noted that their office appreciates the efforts made by the applicant to locate proposed development in a more appropriate area that will have less impact and risk to shoreline erosion. During a visit to the property, RVCA staff noted that the existing granite outcropping upslope of the proposed dwelling showed historical signs of rockfalls which could be a potential risk to life and property. RVCA staff concluded that they had no objection to the proposed minor variance application, subject to the owner submitting an updated Slope Stability Memo addressing the risk, or lack, of rockfall association with the granite outcrop, as well as any mitigation measures that should be implemented to eliminate the potential risk. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-ZNA-2025-0060
Public Comments No public comments were received at the time of writing 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 variances would facilitate the construction of a new seasonal dwelling with attached decks on lands designated Rural on Schedule A of the Official Plan. The type and amount of development on rural lands must maintain the rural character, natural heritage and cultural landscape in the Township. A seasonal dwelling is a permitted use in the Rural designation. Section 5.2.4 of the Official Plan states that the Township will direct development or site alteration away from lands which may be subject to shoreline erosion hazard. This is typically addressed through the 15m setback from the top of bank required by the Zoning By-law. The existing dwelling on the subject property is presently located within the shoreline slope. Comparatively, the proposed dwelling would be setback approximately 8.5m from the top of bank, with the attached deck being setback 5m. The Slope Stability Assessment submitted with the application concluded that the proposed development would have no effect on the stability of the slope, and that due to subsurface conditions it is considered that there are no risks that erosion or other unforeseen conditions could negatively impact the stability of the slope. RVCA Staff reviewed the assessment and did not object to its conclusions. The proposed minimum 5m top of bank setback is interpreted as an improvement over the setback of the existing. Section 5.2.7 of the Official Plan requires buildings and structures to be setback a minimum of 30m from the highwater mark of a waterbody. The purpose is to minimum environmental and visual impacts by reducing phosphorus inputs, preventing erosion and by maintaining a natural appearance of the shoreline. Further, Section 5.7.7 requires limited-service residential developments to be designed to preserve as much as possible a site’s physical attributes for the benefit of future residents. The existing seasonal dwelling is presently setback 6.1m from the highwater mark of Bob’s Lake. In comparison, the proposed dwelling would be setback 19.2m from the highwater mark, with the attached deck being setback 15.3m. The proposed dwelling would be in approximately the middle of the subject property. Presently, this proposed location is mostly cleared. Further, the proposed location is relatively flat compared to the surrounding area. Due to the existence of an upward slope and a large granite outcropping on the east side of the property, it would be challenging to further increase the highwater mark setback without significant site alteration. Therefore, it is the opinion of planning staff that the highwater mark setback has been maximized to the greatest extent possible. The proposed minimum highwater mark setback of 15.3m is interpreted as an improvement over the setback of the existing. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-ZNA-2025-0060
It is the opinion of Township Planning Staff that the proposed variances maintain the general intent and purpose of the Official Plan, specifically the policies related to rural residential development, and development adjacent to an environmentally sensitive area. Does the variance maintain the general intent and purpose of the Zoning By-law? A seasonal dwelling is a permitted use in the RLSI zone. Section 5.8.2 of the Zoning By-law directs development away from slopes which are greater than 30% from horizontal. This is typically accomplished through a 15m setback from the top of bank. As previously discussed, the Slope Stability Assessment concluded that the proposed development, at 5m from the top of bank, would have no effect on the stability of the slope. Rideau Valley Conservation Authority has no objection to this conclusion. Finally, the proposed minimum 5m top of bank setback is interpreted as an improvement over the setback of the existing dwelling. The General Provisions and the RLSI zone require a 30m setback from the highwater mark of a waterbody. As previously discussed, the highwater mark setback has been maximized when considering existing constraints. The RLSI zone requires a 30m setback from the front lot line of a property. In the case of a lot with frontage on a private lane and a navigable waterway, the lot line between the waterbody and the lot is considered the front lot line. The front lot line setback and highwater mark setback are the same (15.3m). The improvement in setback distance compared to the existing dwelling, and the maintenance of shoreline vegetation should act as an effective buffer and mitigate against visual impacts on the lake. The RLSI zone permits a maximum lot coverage of 5% for the principal building and all attached structures. The existing seasonal dwelling presently has a lot coverage of approximately 3.8%. In comparison, the proposed dwelling and attached deck would have a maximum lot coverage value of approximately 8.5%. Not including the attached decking, the proposed seasonal dwelling would have a lot coverage value of approximately 5.4%. The increase in lot coverage is a function of the small size of the subject property, rather than because of the size of the proposed dwelling. The dwelling would be appropriately sized for the subject property and would not impact its functionality. The proposed building location is appropriately setback from the side and rear yard and would provide space to navigate the site once the dwelling has been constructed. It is the opinion of Township Planning Staff that 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 variances are desirable for the appropriate development of the land. The proposal would facilitate the construction of a new seasonal dwelling in an improved location on the subject property. Given the characteristics of the property, the proposed reduced setback distances to the highwater mark and top of bank are considered appropriate. Finally, the proposed setback distances to the top of bank and highwater mark are interpreted as an improvement over the existing dwelling. www.southfrontenac.net Page 200 of 260 South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report PL-ZNA-2025-0060
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. The requested variances are also desirable for the appropriate development of the land. There are no anticipated negative impacts on surrounding properties or Bob’s Lake because of the proposed seasonal dwelling. 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 application PL-ZNA-2025-0060 for minor variance(s) from Zoning By-law No. 2003-75, as amended, for 282 Island Drive Lane to allow:
- A seasonal dwelling and attached decks to establish a minimum 15m front yard, to be setback a minimum of 15m from the highwater mark of Bob’s Lake, and to be setback a minimum of 5m from the top of bank.
- A maximum 8.5% lot coverage for the dwelling and attached decks. Approval should be subject to the following conditions:
- The location of the dwelling and attached decks must be generally consistent with the revised plot plan (Dated June 24, 2025) submitted by the applicant, which will be attached to the decision as a schedule.
- 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 Bob’s Lake 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.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-ZNA-2025-0060
c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the lake and along the steep slope, except in the immediate area of the building envelope. 3. Prior to the issuance of a building permit for the dwelling, the Owner shall submit an updated Slope Stability Assessment to address the erosion risk associated with the granite outcropping located on the property, per the Rideau Valley Conservation Authority letter to the Township (Dated July 4, 2025), and shall implement any and all mitigation measures necessary to eliminate the potential risk, to the satisfaction of the Township and RVCA. 4. At the building permit stage and prior to construction of the dwelling footings, the Owner shall have the proposed location of the seasonal dwelling and attached decks pinned and their setbacks from the highwater mark and the top of banks confirmed to be compliant with Zoning By-law No. 2003-75, as amended, and with the minor variances granted by the Committee of Adjustment through the submission of a letter of verification by an Ontario Land Surveyor, to the satisfaction of the Township’s Chief Building Official or their designate.
Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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July 3, 2025
File: SEV/FRS/151/2025 SEV/FRS/152/2025 MV/FRS/153/2025
Sent by E-mail Colin Herrewynen Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Herrewynen: Re:
Consent Applications PL-BDJ-2025-0051 and PL-BDJ-2025-0052 (Lot Creation) & Minor Variance Application PL-ZNA-2025-0061 Washburn Road & 266 Bear Creek Road; Township of South Frontenac Waterbody: Bear Creek & unevaluated wetlands
Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted applications for consent and minor variance and offer the following comments for the Township’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. Summary of the Proposal The applicant has requested to sever two 0.8 ha parcels of land from the Washburn Road frontage resulting in an 18.9 ha retained parcel. The proposed severances will result in the creation of two new lots for the development along Washburn Road. The retained lands are developed with a single detached dwelling in the southern portion of the property that is accessed from Bear Creek Road. No new development is proposed for the retained lands as part of this application. The applicant is seeking relief from the minimum lot frontage requirements from the Township’s Zoning By-Law to facilitate the proposed severances. Site Description The subject lands are a through lot with frontage on Washburn Road to the north and Bear Creek Road to the south. Bear Creek runs adjacent to and through the subject lands. The southern portion of the subject lands is developed with a single detached dwelling, associated well and septic system and cleared fields. The centre of the property is naturalized with pockets of unevaluated wetlands. The northern portion of the property in the area of the proposed severances is cleared fields.
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Page 2 of 3 Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with Bear Creek and wetlands on the property. Natural Hazards / Ontario Regulation 41/24 Surface Water Features Cataraqui Conservation, through implementation of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits requires development (building and structures) and site alteration (excavation, grading, placement of fill) to be located outside of natural hazard areas and set back a minimum of 30 m from surface water features including watercourses (creeks, streams) and wetlands. The intent is to protect development from potential flooding and erosion hazards and to preserve the hydrologic function of these features. Bear Creek runs adjacent to and through the subject lands and flows into the River Styx to the east. Bear Creek is a regulated features and as such a 30 m setback is applied. There are pockets of unevaluated wetlands on the retained lands. The existing development on the retained lands is outside of the required 30 m setback from Bear Creek and unevaluated wetlands. Staff note that any new creek crossings and improvements to the existing crossing on the retained lands will require permit approval by CRCA and new crossing may not be permitted. The proposed severed lots are located well beyond 30 m from Bear Creek and areas with unevaluated wetlands. Karst Topography Karst is a type of unstable bedrock that is relatively common in the Cataraqui Region area and is considered a natural hazard under the 2024 Provincial Planning Statement and Ontario Regulation 41/024. As with other natural hazards, there is risk of damage to buildings, property and human safety when development is located within or near unstable bedrock. Accordingly, CRCA’s regulation directs development away from these areas and features. The subject lands are not in an area of karst topography as identified by OGS mapping. If karst features are discovered during future excavation the owner is advised to contact CRCA to determine next steps. Recommendation Staff have no objection to approval of PL-BDJ-2025-0051, PL-BDJ-2025-0052 and PL-ZNA-20250061 based on our review of natural hazards. Ontario Regulation 41/24 The proposed severed lots are located outside of CRCA’s regulated area as per Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O.Reg 148/06), which is administered by the CRCA. Future development of the proposed severed lots will not require a permit from CRCA. Please note that portions of the retained lands within 30 m of Bear Creek are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06). Lands within 30 m of the unevaluated wetlands may also be regulated. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca
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Page 3 of 3 by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards and to ensure the protection of wetlands. The current landowner is advised to contact CRCA before considering any work within 30 metres of Bear Creek and 30 m of the unevaluated wetlands on the retained lands. 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 estucke@crca.ca Sincerely,
Emma Stucke, RPP, MCIP Resource Planner cc. Applicant by email
Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca
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To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
July 10, 2025
Subject:
Consent Applications PL-BDJ-2025-0051, PL-BDJ-2025-0052 and Minor Variance Application PL-ZNA-2025-0061, Carey (Boulevard Group), Washburn Road & 2666 Bear Creek Road, Storrington District
Summary This report recommends that the Committee of Adjustment grant approval of the subject consent applications and minor variance application for zoning relief subject to conditions. Background The subject property is designated as Rural in the South Frontenac Township Official Plan. It is zoned Rural Zone (RU) in Zoning By-law No. 2003-75, as amended. The subject property has road frontage along Washburn Road and Bear Creek Road. It currently has a broken frontage along Washburn Road of approximately 200m and approximately a 400m frontage along Bear Creek Road. The area along Washburn Road consists of farmland with some natural tree areas. The western property line is along an existing watercourse and also adjacent to more naturalized treed areas. The area along Bear Creek Road consists of agricultural fields and naturalized areas consisting of trees, grasslands, ponds and a watercourse. There is an existing dwelling at the south end of the property, accessed from Bear Creek Road. The entire property is approximately 146.7 Ac (59.3 Ha) in area. Proposal The consent applications are for the creation of two new residential lots along Washburn Road. The minor variance application is to allow the severed parcels to have less than the minimum 76m lot frontage required by section 7.3.2 of the Zoning By-law. Each of the lots to be severed are proposed to have a frontage of approximately 72.5m along Washburn Road and have an area of 2 Ac (0.8 ha). The lot to be retained is proposed to have a frontage of approximately 54.6m along Washburn Road, and also a 400m of frontage along Bear Creek Road, with an area of approximately 146 Ac (59.3 ha).
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Related Applications The lands are not subject to any additional applications under the Planning Act at this time. Supporting Documentation A Plot Plan created by the Boulevard Group, revision 2. Dated May 2025 was submitted with the application. The Plot Plan includes the location of the proposed lots to be severed along Washburn Road as well as the location of area Barns and their respective Minimum Distance Separation (MDS) calculated distances. The Deed for the subject property was submitted with the application which outlines the legal descriptions for the property along Washburn Road and Bear Creek Road. It was understood that when the application was deemed complete, that the area from Washburn Road to Bear Creek Road was one property. After the application was deemed complete, the Agent raised concerns that the property may be two separately conveyable parts. If that is the case, the retained parcel would have insufficient frontage (56.4m) on Washburn Road. As such, a recommended condition of approval is to require confirmation of the status of the property to ensure that the lot to be retained has sufficient frontage on a road. Two Minimum Distance Separation Assessment reports were submitted with the applications, both dated June 2025, authored by the Boulevard Group. The first report includes a MDS review of barns and livestock facilities located at 2920, 2846, and 2848 Washburn Road. The second updated report submitted includes further information about the livestock facility at 2920 Washburn Road. Department and Agency Comments Cataraqui Region Conservation Authority Cataraqui Region Conservation was circulated the applications and advised of no objections. The CRCA noted that they should be contacted before the current landowner considers work within 30 metres of Bear Creek and 30m of the unevaluated wetlands on the retained property. Public Services Public Services advised that they have no objections to approval of applications PL-BDJ2025-0051 and PL-BDJ-2025-0052. The retained parcel has an adequate entrance and sight lines for use as a field entrance only. Both severed parcels have adequate entrance sight lines. The need for road allowance widening along Washburn Road should be confirmed by the surveyor as a condition of approval. In the proposed lot configuration, the frontage of the retained portion along Washburn Road will not meet the minimum sight distance to facilitate safe access for future residential development. Public Comments No public comments were received at the time of writing this report.
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Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
Planning Analysis The consent applications need to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Consent The Provincial Planning Statement (2024) allows residential lot creation on Rural lands where site conditions are suitable for the provision of appropriate sewage and water services. 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 a landholding provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for a severance under Section 5.7.4 because there have been no previous severances from the subject property since the adoption of the Official Plan. Section 5.7.4 requires the frontage, size and shape of any lot created for rural residential purposes through the severance approval process to be appropriate for the proposed use and to conform to the provisions of the zoning by-law. The proposed new lots would meet the requirements for a minimum lot area of 0.8 hectare. As discussed below, the proposed reduced lot frontages of the severed parcels would maintain the intent of the Official Plan. Rural development must be serviced by private water and sewage systems. The Township typically requires the ability to be serviced by a private well to be demonstrated as a condition of consent approval. Sewage system requirements would be addressed at the building permit application stage. As outlined in the Minimum Distance Separation (MDS) Assessments, there are a number of livestock facilities located in the surrounding area that need to be taken into consideration. The different facilities, their addresses, and the required MDS I setbacks are listed below: •
•
•
2920 Washburn Road o One (1) Livestock Barn o Required MDS I Setback of 202m for new lots. o Approximate actual distance from new lots: 230m 2846 Washburn Road o One (1) Livestock Barn o Required MDS I Setback of 212m for new lots. o Approximate actual distance from new lots: 280m 2848 Washburn Road o One (1) Livestock Barn o Required MDS I Setback of 348m for new lots. o Approximate actual distance from new lots: 500m www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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The Minimum Distance Separation (MDS) document produced by the Province requires that for the creation of a new lot without an existing dwelling that is less than 1 ha in size, the MDS I setback is required to be measured to the shortest distance to the proposed lot line. Taking into account the required MDS I setbacks, both of the proposed lots to be severed are outside the required MDS I setbacks from the barns located at 2920, 2846, and 2848 Washburn Road. The two proposed lots therefore conform to the applicable minimum distance separation policies. The lot to be retained currently meets and will continue to meet the lot size requirements and lot frontage requirements being approximately 145 Ac in size and having a frontage of 54.6m along Washburn Road and 400m along Bear Creek Road. Access to the agricultural fields along Washburn Road can still be obtained through the existing farm access identified by Public Services. Legal access to the agricultural fields could also be obtained from Bear Creek Road through the entire property. The retained parcel is currently developed with a dwelling along Bear Creek Road. The consent application meets the criteria outlined in section 51(24) of the Planning Act, does not require a plan of subdivision for the proper and orderly development of the municipality, is consistent with the PPS, and conforms to the County and Township Official Plans. The severed parcels and retained parcel will comply with the Zoning By-law subject to the requested minor variance for lot frontages. Minor Variance The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural on Schedule A of the Township Official Plan. The type and amount of development on rural lands must maintain the rural character, natural heritage and cultural landscape in the Township. Section 5.7.4 of the Official Plan states that Limited non-agricultural residential development may be permitted within the Rural area so as to provide a variety of living accommodation for the residents of the Township. Section 5.7.4(ii)(a) of the Township Official Plan specifies a minimum lot frontage for new lots in rural areas to be 76 metres. The subject property has approximately 200 metres of broken frontage along Washburn Road and approximately 400 metres of frontage along Bear Creek Road. The severed parcels would have 72.5 metres frontage each and the retained parcel would have 54.6 metres of frontage along Washburn Road and 400 metres of frontage along Bear Creek Road. These frontages would be similar to the frontages of lots of record on this section of Washburn Road (they range from 30 to 80 metres). The proposed reduced frontage would also be considered appropriate, since it would not impact the severed lots’ ability to be developed and provide adequate separation between www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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driveways, septic systems, wells, and for a dwelling to meet the required setbacks as outlined in the Zoning Bylaw. It is the opinion of Township Planning Staff that the proposed variances maintain the general intent and purpose of the Official Plan, specifically the policies related to rural residential development. The proposed reduced frontages do not impact the development potential of the severed parcel nor the continued use of the retained parcel. Does the variance maintain the general intent and purpose of the Zoning By-law? For properties in the RU Zone, section 7.3.2 states that the minimum lot frontage for single detached residential uses is 76 metres (250 ft). The Zoning By-law requires minimum lot frontages to allow for a separation between driveways and to improve traffic safety. Minimum lot frontages are also required in order to ensure a development pattern that is reasonably consistent in nature, to avoid an overdeveloped appearance and to help ensure a reasonable separation between uses. In this situation, reduced lot frontages would be appropriate due to the existing development pattern along Washburn Road. The proposed frontage would be able to accommodate well and sewage system separation requirements and still allow the lots to be used as intended. Due to this, it is the option of Township Planning staff that the proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variances are desirable for the appropriate development of the land. The addition of two new residential building lots would expand the housing options in this area along Washburn Road. The proposed severances would also be a better utilization of the land fronting onto Washburn Road, while still allowing the retained land to be used for agricultural purposes. Other than the lot frontages, the other provisions outlined the zoning bylaw are conformed to. 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. The requested variances are also desirable for the appropriate development of the land. There are no anticipated negative impacts on surrounding properties. It is the opinion of Planning staff that the proposal maintains the general intent and purpose of the Official Plan and of the Zoning By-law, is desirable for the appropriate development and use of the land, and is minor. 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 www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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• •
by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendations Consent It is recommended that applications PL-BDJ-2025-0051 and PL-BDJ-2025-0052 for the creation two new Residential lots along Washburn Road be approved subject to the following conditions. Expiry Period
- Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
- The land to be severed by Consent Applications PL-BDJ-2025-0051 and PL-BDJ2025-0052 shall be for the creation of one new residential lot each that is a minimum 0.8ha in area with a minimum 72.5 metres of frontage on Washburn Road. The lot area, frontage and configuration of the proposed severed lots shall be consistent with the sketch submitted by the applicant attached to the decision as “Schedule A”. Retained Lands
- The lawyer for the applicant shall confirm that the property legally described as (Parcel 1) “The South half of Lot 4, in the Sixth Concession of the said Township of Storrington”, and (Parcel 2) “Those parts of Lots 3 and 4, Concession 6 in the Geographic Township of Storrington, being Parts 1, 2 and 3 on Plan 13R-23253” are one parcel and cannot be conveyed separately. If it is determined that the property consists of two parcels that are separately conveyable, the lawyer for the applicant shall submit a Solicitors Personal Undertaking to provide a registered Application Consolidation Parcels within six (6) months of the Certificate of Official being signed by the Township of South Frontenac. Survey/Reference Plan or Registerable Description
- An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. www.southfrontenac.net Page 225 of 260 South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report PL-BDJ-2025-0051 , PL-BDJ-2025-0052 & PL-ZNA-2025-0061
- The surveyor or applicant shall submit the draft Reference Plan, including area calculations and noting frontages 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 Allowance Widening
- The surveyor who prepares the reference plan referred to in Condition #4 and #5 shall also determine by survey the width of Washburn 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 Washburn 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
- 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.
- The Township of South Frontenac shall receive 5% of the value of the each of the severed parcels, in lieu of parkland [Planning Act, s. 51(1)]. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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- 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 each of the severed parcels.
- In the event that there are abandoned wells located on the severed parcels or the retained property, the wells 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. Zoning
- The applicant is required to apply for a minor variance to permit the severed parcels to have a minimum of 72.5 metres of lot frontage.
- Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Minor Variance It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0061, such that the severed parcels from Consent Applications PL-BDJ-2025-0051 and PL-BDJ2025-0052 are each permitted to have a minimum 72.5 metres of lot frontage. Report Prepared By: Colin Herrewynen, RPP, MCIP, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning
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July 27, 2025
File: MV/FRS/150/2025
Sent by E-mail Colin Herrewynen Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear. Mr. Herrewynen: Re:
Application for Minor Variance PL-ZNA-2025-0066 (Brown & Garrah) 3382 Lakeside Road Loughborough District, Township of South Frontenac Waterbody: Loughborough Lake
Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal Permission is requested to enlarge the existing dwelling within 30 m of the highwater mark of Loughborough Lake. The proposal involves enclosing an existing ground floor porch which is 11.8 sq. m in size. Site Description The property is located on the south shore of the east basin of Loughborough Lake. The topography of the property can be described as having a moderately steep embankment, that rises from the shoreline and then levels out at the rear of the property. The property is developed with an existing single detached dwelling. Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Loughborough Lake. Natural Hazards / Ontario Regulation 41/24 Flooding: The maximum recorded water level for Loughborough Lake is 125.1 metres geodetic. For Loughborough Lake, the maximum recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 41/24 require that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based on topographic mapping and the site plan submitted with the application, staff are satisfied that the existing dwelling and proposed addition will be located outside of the flooding hazard and applicable setback. Erosion: Section 5.8.2.b) of the South Frontenac Zoning By-law requires that all buildings and structures be set back at least 15 metres horizontal from the top of bank of any embankment,
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the slope of which is greater than 30% from horizontal. Due to the bedrock embankment, and in accordance with provincial technical standards, the slope is considered stable, and Cataraqui Conservation defines the extent of potential erosion hazards to be 6 metres from the stable top of bank, to provide an allowance for access between new buildings and the shoreline. Based on the site plan submitted with the application and observations taken on site, staff are satisfied that the existing dwelling and proposed addition will be located outside of the erosion hazard limit. Staff have no concerns from a natural hazards perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. We also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2025-0066 based on our review of natural hazard and regulatory policies. We also recommend implementation of the above-noted best practice measures (in bold text) and advise the applicant that a CRCA permit will be required at the building permit stage. 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, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain is subject to O. Reg. 41/24 (approximately 16 m from the shoreline). The proposed porch enclosure is located beyond this setback, therefore, a CRCA permit is not required to enclose the existing porch. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by email at estucke@crca.ca Yours truly,
Emma Stucke, RPP, MCIP Resource Planner
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To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
July 10, 2025
Subject:
Application for Permission to Enlarge Legal Non-Conforming Use PL-ZNA-2025-0066, Brown (Garrah), 3382 Lakeside Road, Storrington District
Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Background The subject property is designated Rural in the Township Official Plan. It is zoned Waterfront Residential Zone (RW) in Zoning By-law No. 2003-75, as amended. The subject property is 0.5 Ac (~2023sqm) in area with frontage on Loughborough Lake. Access is via Lakeside Road. The existing development consists of a dwelling, a detached garage and one detached storage structure. At the south end of the property along the road there are trees and a parking area by the garage. At the north end there are trees and a garden and patio area along the lake. The surrounding area consists of residential development. Proposal The subject property is presently developed with a 353sqm (3799sqft) dwelling. The existing dwelling is one and a half-storey. The existing dwelling is approximately 20m from the lake. The applicant is proposing to expand the gross floor area of the existing dwelling by enclosing an existing porch area within the existing building footprint. This would add 11.8 sqm (128sqft) of gross floor area to the existing dwelling. The proposed new enclosed area is proposed to be used as a home office space. Relief Requested The applicant seeks permission under Section 45(2) of the Planning Act to enlarge the existing legal non-conforming dwelling within 30m of the highwater mark of Loughborough Lake.
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Township of South Frontenac Staff Report PL-ZNA-2025-0066
Related Applications The lands are not subject to any additional applications under the Planning Act. Department and Agency Comments Cataraqui Region Conservation Authority Cataraqui Region Conservation was circulated the application and advised of no objections. The CRCA also advised of the following: •
Staff recommend that proper sediment and erosion controls be incorporated into construction plans. We also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term.
Public Comments No public comments were received at the time of writing this report. Planning Analysis Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of the gross floor area. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is also a legal nonconforming building under this provision because it was constructed prior to the current Zoning By-law and is setback 20m from the highwater mark of Loughborough Lake. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The criteria for considering an application under Section 45(2) are: • •
Whether the application is desirable for the appropriate development of the subject property; and Whether the application will result in undue adverse impacts on surrounding properties and the neighbourhood.
The existing dwelling is presently setback approximately 20m (65ft) from the highwater mark of Loughborough Lake at the shortest distance. The proposed enclosed porch is located on the south side (i.e. road-side) of the dwelling, and therefore will not further reduce the setback to the lake. The proposed addition would increase gross floor area of the dwelling by 3.3%, from approximately 353sqm (3799sqft) to 364.8sqm (3927sqft). The proposal would contribute additional living space to the existing dwelling with the addition of a new office space. Additionally, the proposed expansion will only occur within the existing building footprint. The proposed expansion is desirable since it will enable the owners to fully utilize their existing building footprint. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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It is the opinion of Planning Staff, that the application is desirable for the appropriate development of the subject property. The proposed enlarged dwelling is not anticipated to result in any negative or intrusive impacts on surrounding properties or the lake. The proposed building expansion would maintain all setbacks to the lake and property lines. It is the opinion of Planning Staff, that the application is unlikely to result in undue adverse impacts on surrounding properties of the neighbourhood. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report. 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 application PL-ZNA-2025-0066 for 3382 Lakeside Road to permit the legal non-conforming dwelling to be enlarged by a maximum 12 sqm (129 sqft) by enclosing the existing covered porch area. Approval should be subject to the following conditions:
- The proposal must be generally consistent with the submitted plan by the applicant that will be attached to the decision as a schedule. Report Prepared By: Colin Herrewynen RPP, MCIP, Planner Report Reviewed By: Christine Woods RPP, MCIP, Manager of Planning
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To:
Committee of Adjustment
From:
Kate Kaestner, Planning Clerk
Report Date:
July 10, 2025
Subject:
Decisions on Delegated Consents, June to July 2025
Summary This report summarizes the Consent applications that have been approved by Brad Wright, Director of Development Services, between June 13, 2025 and July 10, 2025.
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 undisputed consents and have received provisional consent approval.
Discussion a) PL-BDJ-2025-0049 – Storrington District Approved on June 13, 2025 The application is for the creation of one new rural residential lot from unaddressed lands East of 4234 Davidson Road. The severed parcel will be approximately 2 acres in area with 76 metres frontage on Davidson Road. The retained lands will be 65 acres in area with 76 metres frontage on both Davidson Road. b) PL-BDJ-2025-0037 – Storrington District Approved on June 17, 2025 The application is for a rural lot addition from unaddressed lands on Duff Road. The severed lands will be 71.7 acres in area and will be conveyed to 3356 Round Lake Road. The retained lands will be 4.6 acres in area with approx. 88 metres frontage on Duff Road. The Lot addition will increase the area of the benefitting lands to approximately 205 Acres. c) PL-BDJ-2025-0018, PL-BDJ-2025-0019 & PL-BDJ-2025-0020 – Portland District Approved on June 17, 2025 The applications are for the creation of three new rural residential lots from 4575 Camden Portland Boundary Road. The severed parcels for -0018 and -0019 will each be 3 acres in area with 76 metres frontage on Bradford Road W. The severed parcel for -0020 will be 4.1 acres in area with 142 metres frontage on Bradford Road W. The retained lands will be approx. 83 acres in area with 216 metres frontage on Bradford Road W and 490 metres frontage on Camden Portland Boundary Road.
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d) PL-BDJ-2025-0054 – Loughborough District Approved on June 18, 2025 The application is for the creation of a parking and docking easement from 1024 Hidden Valley Lane. The easement will serve a Water Access Only property on Buck Lake. e) PL-BDJ-2022-0160 – Portland District Approved on June 23, 2025 The application is for the creation of one new rural residential lot from 6301 Leveque Road. The severed parcel will be 2.5 acres in area with 185 metres frontage on Leveque Road. The retained lands will be 32 acres in area with 759 metres frontage on Leveque Road. f) PL-BDJ-2025-0055 – Portland District Approved on June 27, 2025 The application is for the creation of one new rural lot from 4540 Road 38. The severed parcel will be 18.5 acres in area with 159 metres frontage on Road 38. The retained lands will be approx. 118 acres in area with 525 metres frontage on broken frontage along Road 38.
Appendix A – Mapping of application(s) Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Christine Woods, Manager of Planning
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APPENDIX A
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