Committee Of Adjustment - 11 Jul 2024 - Agenda

Published July 11, 2024

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Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: July 11, 2024 Collection: Council Agendas Municipality: South Frontenac

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

7:00 PM, Thursday, July 11, 2024 Council Chambers/Virtual Via Zoom .

Call to Order

Resolution.

Adoption of Agenda

Resolution.

Electronic Meeting Information

The meeting will be live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/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.

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

There are none.

Approval of Minutes – June 13, 2024

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

PL-BDJ-2024-0047 (Smith) - Storrington District

4 - 15

16 - 60

Property Address: 3395 Moreland Dixon Road Purpose & Effect of the Application: Consent to sever for the purpose of creating one rural residential lot. The proposed severed lot would have 2 acres of area and approximately 84 metres of frontage on Princess Road. The retained parcel would have an approximate area of 89 acres with frontage on Princess Road and Moreland-Dixon Road. The severed lot is located within the influence area of an existing quarry operation. For this reason, an application for a minor variance (PL-ZNA-2024-0048) has also been submitted to permit residential land uses within 300-500m

Page 1 of 187

of the quarry operation. 8.

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

New Minor Variance / Permission Applications:

PL-ZNA-2024-0048 (Smith) - Storrington District

61 - 99

Property Address: 3395 Moreland Dixon Road Purpose & Effect of the Application: This minor variance application was submitted with Consent application PL-BDJ-2024-0047 in order to permit residential land uses within 300-500m of the quarry operation. The proposed severed lot is approximately 380m from the licensed quarry area. b)

PL-ZNA-2024-0061 (Szewerda) (Stokes) - Bedford District

100 122

Property Address: 100 Maple Grove Crescent Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck located within 30m of the highwater mark of Bobs Lake. The existing single storey dwelling has a ground floor area of 66.8sqm and an attached deck with an area of 35.8sqm. The ground floor area of the proposed dwelling will be 80.3sqm plus a 15.7sqm covered deck and 8sqm open deck. The gross floor area of the proposed dwelling includes a full basement and partial second storey and will be 192.7sqm. The overall footprint of development will be increasing from 102.7sqm to 104.2sqm. The height of the dwelling will be increasing from 5m to 8.9m. The proposed dwelling will maintain the existing 22.9m setback from the highwater mark of Bobs Lake c)

PL-ZNA-2024-0064 (Fraser) - Portland District

123 145

Property Address: 3535 Desert Lake Road Purpose & Effect of the Application: The applicant seeks relief from Zoning By-law 2003-75 for the purpose of permitting a detached garage on the subject property. The applicant is proposing to build a 24ft x 20ft (480sqft) detached garage. The garage would be setback 10m from the front lot line, whereas the Zoning By-law requires 20m. d)

PL-ZNA-2024-0072 (Burt) (Goodberry) - Portland District

146 168

Property Address: 6079 Short Street Purpose & Effect of the Application: The Owner proposes to construct an additional dwelling unit in an addition which is to be attached to the existing single detached dwelling on the property. The proposed addition would be a two storey addition with a garage on the lower level and the additional

Page 2 of 187

dwelling unit on the upper level. The Township Zoning By-law requires that additional dwelling units shall be less than or equal to the gross floor area of the principal dwelling. The gross floor area of the existing dwelling is 69sqm and the gross floor area of the proposed additional dwelling unit is 148sqm. A minor variance is requested to permit the additional dwelling unit to exceed the gross floor area of the existing principal dwelling. e)

PL-ZNA-2024-0074 (Franche) - Loughborough District

169 183

Property Address: 1112 Old Mine Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck located within 30m of the highwater mark of Sigsworth Lake. The existing dwelling has a ground floor area of 89.2sqm and an attached deck with an area of 17.9sqm. The dwelling will be expanded with a 26.8sqm sunroom attached to the west side of the existing dwelling. The deck will be extended by 6.8sqm with an area of new decking proposed in front of the sunroom. The height of the dwelling will not be increased as a result of the development. The existing dwelling and attached deck are set back 20.4m and 18m from the highwater mark of Sigsworth Lake. The proposed sunroom and deck extension will maintain these setbacks and not encroach closer to the water. 10.

Other Business

Delegated Authority Report

Adjournment

Resolution.

184 187

Page 3 of 187

Minutes of Committee Of Adjustment June, 13, 2024

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

Call to Order

Resolution. Resolution No. 2024-05-01 Moved by: Norm Roberts Seconded by: Kevin Fox THAT the June 13, 2024 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby called to order at 7:00 pm.

Adoption of Agenda

Resolution. Resolution No. 2024-05-02 Moved by: Kevin Fox Seconded by: Norm Roberts THAT the Committee of Adjustment adopts the agenda for the June 13, 2024 Committee of Adjustment meeting. Carried

Electronic Meeting Information

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

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

Declaration of pecuniary interest

There are none.

Page 4 of 187

Minutes of Committee Of Adjustment June, 13, 2024 5

Approval of Minutes – May 09, 2024

Resolution. Resolution No. 2024-05-03 Moved by: Steve Pegrum Seconded by: Alan Revill THAT the Committee of Adjustment approves the minutes for the May 09, 2024 Committee of Adjustment meeting. Carried

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

PL-BDJ-2024-0025 (Rawding) – Portland District Property Address: 7558 Road 38 Purpose & Effect of the Application: The applicant seeks consent to sever for the purpose of creating one new rural residential lot. The proposed severed lot would have approximately 6Ac of area with 85m of frontage on Road 38, leaving an 8Ac retained parcel with 123m of frontage on Road 38 Noah Perron, Planner, delivered his report to the Committee with a staff recommendation that the application be approved with conditions. Randy Ruttan, Committee Chair, inquired as to whether the applicant or their agent wished to address the Committee (none heard). Chair Ruttan inquired (3 times) as to whether there were any members of the public who wished to speak to the application. (None heard) Chair Ruttan inquired as to whether there were any questions from Committee members regarding the application (None heard). Kate Kaestner, Secretary-Treasurer, read the resolution for approval of the application. Chair Ruttan inquired as to whether there were any comments from Committee members on the resolution. (None heard). Resolution No. 2024-05-04 Moved by: Alan Revill Seconded by: Steve Pegrum THAT the Committee of Adjustment hereby approves consent application PLBDJ-2024-0025, for the creation of one new rural residential lot, being 6 acres in area and having 85 metres of frontage on Road 38, subject to conditions. Carried

Page 5 of 187

Minutes of Committee Of Adjustment June, 13, 2024 b)

PL-BDJ-2024-0037 (Card) - Loughborough District Property Address: 2562 Rutledge Road Purpose & Effect of the Application: The applicant seeks consent to sever for the purpose of creating two new rural residential lots. Severance 1 (PL-BDJ-2024-0037) would have 2.3Ac of area and 76m of frontage on Rutledge Road. The retained lands would have an approximate area of 72Ac with 71m of frontage. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation that the applications be approved with conditions. Chair Ruttan asked whether the applicant or their agent wished to speak to the application. Jeremy Card, Applicant, thanked the Committee for their consideration of their applications. Chair Ruttan inquired whether there were any members of the public who wished to speak to the application. Morna Graf, neighboring resident at at 2600 Rutledge Road, inquired as to whether the driveway for the new parcel would come off of Retreat Lane or off of Rutledge Road. Mr. Perron responded that the driveway for the new parcel would be accessed by a new entrance on Rutledge Road. Carol Sparling, neighbouring resident at 1153 Retreat Lane, noted that she had received delayed notice of the application due to MPAC having an incorrect mailing address for her. Ms. Sparling expressed concerns about an excavator crossing her property in order to access the subject lands. She expressed that she is not consenting for access to the property over her lands. She inquired as to how many more severances could be obtained on the subject lands. Mr. Perron spoke to the requirement for 76 metres of road frontage for consent applications. The 2 applications before the Committee would effectively use up all of the frontage on Rutledge Road and as such, no additional severances could be obtained on these lands through the typical Consent process. Ms. Sparling inquired as to whether there were other ways for the land to be divided. Mr. Perron responded that in Ontario land can be divided through the traditional consent process, through Plans of Subdivision or through Plans of Condominium. Chair Ruttan inquired as to whether there were any other members of the public who wished to speak to the application. Fran Willes, neighbouring landowner, wished to confirm that her and John Willes’ letter of support of the application be added to the public record. Chair Ruttan inquired as to whether there were any other members of the public who wished to speak to the application. (None heard). Chair Ruttan inquired as to whether there were any questions from Committee Members regarding the applications. (None heard). Ms. Kaestner read the resolution for approval of PL-BDJ-2024-0037.

Page 6 of 187

Minutes of Committee Of Adjustment June, 13, 2024 Mr. Ruttan inquired as to whether there were any comments from Committee members regarding the application or resolution. Committee member Alan Revill stated that he heard the concerns of neighbouring residents, but that he believed the granting of these applications does not preclude any future development of the retained lands in the future, nor would it prohibit an application coming forward in the future for a broader development and as such, he was supportive of the applications. Committee member Norm Roberts commended the Planner, Noah Perron, for how well the applications were presented to the Committee. Resolution No. 2024-05-05 Moved by: Steve Pegrum Seconded by: Alan Revill THAT the Committee of Adjustment hereby approves consent application PLBDJ-2024-0037 for the creation of one new rural residential lot, being 2.3 acres in area and having 76 metres of frontage on Rutledge Road, subject to conditions. Carried c)

PL-BDJ-2024-0038 (Card) - Loughborough District Property Address: 2562 Rutledge Road Purpose & Effect of the Application: The applicant seeks consent to sever for the purpose of creating two new rural residential lots. Severance 2 (PL-BDJ-2024-0038) would have 2.3Ac of area, 76m of frontage on Rutledge Road and would contain the existing dwelling civically addressed as 2562 Rutledge Road. The retained lands would have an approximate area of 72Ac with 71m of frontage. (See minutes text for application PL-BDJ-2024-0037) Ms. Kaestner read the resolution for approval of PL-BDJ-2024-0038. Alan Revill confirmed that his comments provided with respect to application PL-BDJ-2024-0037 were also applicable to this application. Resolution No. 2024-05-06 Moved by: Norm Roberts Seconded by: Kevin Fox THAT the Committee of Adjustment hereby approves consent application PLBDJ-2024-0038, for property municipally known as 2562 Rutledge Road, for the creation of one new rural residential lot, being 2.3 acres in area and having 76 metres of frontage on Rutledge Road, subject to conditions. Carried

Page 7 of 187

Minutes of Committee Of Adjustment June, 13, 2024 8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) a)

PL-ZNA-2024-0015 (Deroche) - Loughborough District Property Address: 1022 Mozart Lane Purpose & Effect of the Application: The Applicant seeks permission to enlarge the legal non-conforming use located within 30m of the highwater mark of Sydenham Lake. The applicant is proposing to renovate the existing seasonal dwelling with a gross floor area of 36sqm and height of 4m, setback 8.7m from Sydenham Lake. The renovation would occur within the existing building envelope and would include an addition to the rear of the structure. The proposed fourseason dwelling would have a gross floor area of approximately 150sqm and height of 9.9m. The proposed four-season dwelling would maintain the same highwater mark setback as the existing (8.7m). Noah Perron, Planner, delivered his report to the Committee with a staff recommendation that the application be approved with conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. (None heard). Chair Ruttan inquired as to whether any members of the public wished to speak to the application. James MacDonald, participating via Zoom, was given multiple opportunities to address the Committee, however, due to technical difficulties, the Committee was unable to hear him. (Later in the meeting Mr. MacDonald used the Zoom chat to request that an email sent to him by Brad Wright, Director of Development Services, regarding the subject application be added to the public record. A copy of this correspondence will be added to these minutes as Appendix A.) Chair Ruttan inquired as to whether there were any questions from Committee members regarding the application. Mr. Revill asked Mr. Perron to go over the details of the surveyed sketch that was presented to the Committee specifically with respect to the parking areas. Mr. Perron went over the site plan in detail, including details regarding rightsof-way and parking areas, and the boundaries of the subject lands. Chair Rutan inquired as to whether there were any further questions from Committee members on the application. (None heard). Ms. Kaestner read the resolution for approval of the application. Chair Ruttan inquired as to whether there were any comments from Committee members regarding the proposal or the resolution. Mr. Revill stated that through the clarification provided by the Planner on the file he believes there to be adequate room on the property for the proposed development and expressed his support for the application and the resolution on the floor.

Page 8 of 187

Minutes of Committee Of Adjustment June, 13, 2024 Resolution No. 2024-05-07 Moved by: Kevin Fox Seconded by: Norm Roberts THAT the Committee of Adjustment approves application PL-ZNA-2024-0015 for property municipally known as 1022 Mozart Lane, granting permission to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of Sydenham Lake, subject to conditions. Carried 9

New Minor Variance / Permission Applications:

PL-ZNA-2024-0039 (Van Beers) (Orr) - Storrington District Property Address: 3147 Round Lake Road Purpose & Effect of the Application: The applicant seeks relief from Zoning By-law 2003-75. The applicant is proposing to build a 9.75mx12.19m detached garage to be setback 10m from the front lot line, whereas the zoning by-law requires a minimum of 20m. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation that the application be approved with conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. (None heard). Mr. Ruttan inquired (3 times) as to whether there were any questions or comments from members of the public on the application (None heard). Mr. Ruttan asked Committee members whether they had any questions for the applicant or Planner regarding the application (None heard). Ms. Kaestner read the resolution for approval of the application. Chair Ruttan inquired as to whether there were any comments from Committee members regarding the application or resolution (None heard). Resolution No. 2024-05-08 Moved by: Kevin Fox Seconded by: Norm Roberts THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2024-0039 for property municipally known as 3147 Round Lake Road, to allow the construction of a 119 square foot detached garage to be located 10 metres from the front lot line, subject to conditions. Carried

Page 9 of 187

Minutes of Committee Of Adjustment June, 13, 2024 b)

PL-ZNA-2024-0044 (Timmins) (Stokes) - Portland District Property Address: 1035 Morning Glory Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck located within 30m of the highwater mark of Verona Lake. The existing dwelling has a ground floor area of 69.7sqm, a gross floor area of 88.3sqm, and an attached deck with an area of 10.4sqm. The proposed dwelling will maintain the existing 69.7sqm ground floor area, the gross floor area will be increased to 139.4sqm and the attached deck will be increased to 11.7sqm. The height of the dwelling will increase from 6m to 6.5m. The existing and proposed structures are both set back 5.1m from the highwater mark of Verona Lake. Tom Fehr, Planner, delivered his presentation to the Committee with a staff recommendation that the application be approved, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Rod Stokes, Agent for the applicant, acknowledged the requirements for the Development Agreement as a recommended condition by Planning Staff. He stated that they have done various studies including a slope stability assessment, that are support the proposed development on the property. Mr. Ruttan inquired (3 times) as to whether there were any questions or comments from members of the public on the application. (None heard). Mr. Ruttan asked Committee members whether they had any questions for the applicant or Planner regarding the application. Committee member Alan Revill requested clarification regarding the requirement for sediment control given the close proximity between the deck and the waterbody. Mr. Stokes indicated that the deck is constructed on-grade so there would be minimal, if any, excavation required to remove it. Mr. Stokes confirmed that silt fencing would be in place during construction, and spoke to the Slope Stability Study indicating that given the bedrock on site, there would be very minimal impact on the lake due to the construction. Ms. Kaestner read the resolution for approval of the application. Chair Ruttan inquired as to whether there were any comments from Committee members regarding the application or resolution (None heard). Resolution No. 2024-05-09 Moved by: Kevin Fox Seconded by: Norm Roberts THAT the Committee of Adjustment hereby approves application PL-ZNA-20240044 for property municipally known as 1035 Morning Glory Lane, granting permission to enlarge the legal non-conforming dwelling on the subject lands within 30 metres of the highwater mark of Verona Lake, subject to conditions. Carried

Page 10 of 187

Minutes of Committee Of Adjustment June, 13, 2024

PL-ZNA-2024-0055 (Jackson) (Gurr) - Loughborough District Property Address: 1157 Leach Lane Purpose & Effect of the Application:

To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30m of the highwater mark of Sydenham Lake. The existing 228.5sqm single detached dwelling and 97.5sqm attached deck is set back 8.5m from the lake. The application proposes to cover 48.2sqm of the deck with a roof structure attached to the house. The setback from the lake will not change and the height of the dwelling will not increase. Tom Fehr, Planner, delivered his report to the Committee with a staff recommendation that the application be approved, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. (None heard). Mr. Ruttan inquired (3 times) as to whether there were any questions or comments from members of the public on the application (None heard). Mr. Ruttan asked Committee members whether they had any questions for the applicant or Planner regarding the application. Committee member Kevin Fox asked Mr. Fehr about the map provided to the Committee, given that it indicates the property line to be going through the existing dwelling on the property. Mr. Fehr responded that the maps that are derived from Frontenac Maps are created by County’s GIS program with property fabric overlayed. They are not to be taken as true property boundaries as the fabric is often shifted in the imagery, as is the case with this mapping image. This is largely due to the fact that there are many lands in this part of Ontario that have not been surveyed. Mr. Fox asked why we use the maps if they are not accurate. Mr. Fehr responded that the maps are used in circulation top provide the Committee and members of the public with information about the location of a subject property, but it is also why the Planning Department requires applicants to submit more detailed sketches of their proposals. Ms. Kaestner read the resolution for approval of the application. Chair Ruttan inquired as to whether there were any comments from Committee members regarding the application or resolution (None heard). Resolution No. 2024-05-10 Moved by: Norm Roberts Seconded by: Kevin Fox THAT the Committee of Adjustment hereby approves application PL-ZNA-20240055 for property municipally known as 1157 Leach Lane, granting permission to

Page 11 of 187

Minutes of Committee Of Adjustment June, 13, 2024 enlarge the existing legal non-conforming dwelling on the property within 30 metres of the highwater mark of Sydenham Lake, subject to conditions. Carried d)

PL-ZNA-2024-0056 (Byrtus) (Gildenhaar) - Bedford District Property Address: 112 Upper Lake Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30m of the highwater mark of Burridge Lake. The existing 66.9sqm single detached dwelling is set back 10.7m from the lake. The application proposes to add a 1.2sqm bay window that will project 0.5m from the dwelling towards the lake. The application also proposes to add a new shed style roof that will increase the height of the dwelling from 5.7m to 6.3m Tom Fehr, Planner, delivered his report to the Committee with a staff recommendation that the application be approved, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. (None heard). Mr. Ruttan inquired (3 times) as to whether there were any questions or comments from members of the public on the application (None heard). Mr. Ruttan asked Committee members whether they had any questions for the applicant or Planner regarding the application (None heard). Ms. Kaestner read the resolution for approval of the application. Chair Ruttan inquired as to whether there were any comments from Committee members regarding the application or resolution. Mr. Ruttan thanked the applicants for attending the meeting as they had waited a considerable time for their application to be heard. He stated that the Committee is always appreciative when the applicants attend the meeting in case Committee members have any questions to pose. Resolution No. 2024-05-11 Moved by: Alan Revill Seconded by: Steve Pegrum THAT the Committee of Adjustment hereby approves application PL-ZNA-20240056 for property municipally known as 112 Upper Lake Lane, granting permission to enlarge the existing legal non-conforming dwelling on the property within 30 metres of the highwater mark of Burridge Lake, subject to conditions. Carried

Other Business

Consent Granting Authority Report Kate Kaestner, Secretary-Treasurer and Planning Clerk delivered her report to the Committee.

Page 12 of 187

Minutes of Committee Of Adjustment June, 13, 2024 Committee member Kevin Fox inquired as to whether applications that are granted via delegated authority are circulated to neighboring property owners or whether it is just a sign that is posted on the property. Ms. Kaestner responded that under the Planning Act, the circulatory requirements for consent applications are the same, regardless of whether the application meets the requirements for delegated authority. All consent applications are circulated to neighbouring landowners, posted on the website and have signs posted at the property and it is through this circulation process that the planning department is able to determine whether the application meets all of the required criteria to be approved by the Director of Development Services via Delegated Authority. 11

Adjournment

Resolution. Resolution No. 2024-05-12 Moved by: Steve Pegrum Seconded by: Alan Revill THAT the June 13, 2024 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at 8:09 pm, to reconvene on Thursday, July 11, 2024 at 7:00pm or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 13 of 187

Appendix “A” to the Minutes of the June 13, 2024 CoA Meeting From: To: Cc: Bcc: Subject: Date: Attachments:

Brad Wright j Christine Woods; Kate Kaestner; Noah Perron Tom Fehr PL-ZNA-2024-0015 - 1022 Mozart Lane - Question regarding septic system June 12, 2024 4:26:00 PM image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png

Good afternoon James, I understand you are not available by phone this afternoon. Happy to speak to you tomorrow based on your availability. As a follow up to my phone call, I wanted to provide you with some information regarding the Deroche application.

The use of the property has been established with the existing structure.
Section 6.10.4 of the Official Plan states that the replacement of a substandard septic system does not require a minor variance.
The location of the proposed septic system will be determined at the time of the building permit application and comply with the Ontario Building Code for clearances from a watercourse, lake, etc. Due to the reasons above, the septic system is not part of the application going to the Committee of Adjustment on June 13th and is not included as an item in the development agreement. I hope this provides some clarity on the approval of the septic system. Regards, Brad

Brad Wright, RPP, MCIP Director Development Services Township of South Frontenac p: +613-376-3027 e: bwright@southfrontenac.net a: 4432 George St., Box 100 Sydenham, ON, K0H 2T0 www.southfrontenac.net

Page 14 of 187

Please consider the environment before printing this email

Page 15 of 187

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Page 20 of 187

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Page 22 of 187

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Page 23 of 187

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Page 25 of 187

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Page 26 of 187

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Page 27 of 187

location any

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The Owner/Applicant further to the agrees provide Municipality, upon and request in has application been appealed to Ontario a deposit the Land with Tribunal, (over and ab application from which the fee), time Municipality may, from to time fees ov charge any e incurred by the prepare Municipality to for and the participate hearing. such in ap if exceed the deposit, pea the Owner/Applicant shall pay the difference forthwith upon being l municipality, with interest the at rate of 1.25% month per per (15% on accounts annum)

designated

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A P P undersigned, the being registered property owner(s) and/or agent acting L that the information recorded in this Consent Application Form is accurate I of the Township and relevant commenting enter agencies may o C n the of purpose determining the appropriateness of the site for the proposed A t T o ACKNOWLEDGEMENT OF ADDITIONAL REQUIREMENTS I O the II We. undersigned, being the registered property owner(s) and/or on N acting agent owner, acknowledge that additional studies and/or review peer and/or legal review may the by Township as a of the review part of my/our the application. Should need arise, responsible for completing as the studies requested for the to in order be d application e complete.

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Page 28 of 187

tffij

UR1 1 UR1 UR1

UR1

RU UR1

UR1

Retained Lands

UR1-15 UR1-15

Proposed Seve ance

UR1-15 UR1 UR1 UR1

UR1-13

RU RU

LEGEND

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SOUTH FRONTENAC (SMITH) 395 MORELAND DIXON RD PL-BDJ-2024-0048 so

100

Scale: 1:8,000

200m

,. -1 CJ �

Subject Property Proposed Severance Township Boundaries Assessment Parcels Building Footprints Wooded Area

Waterbody Road

Zoning

1111 1111 CJ 1111 1111 1111

AGRICULTURAL ZONE (A) COMMUNITY FACILITY ZONE (CF) ENVIRONMENTAL PROTECTION ZONE (EP) MOBILE HOME RESIDENTIAL ZONE (MHR) OPEN SPACE - PUBLIC ZONE (OS) OPEN SPACE - PRIVATE ZONE (OSP) PIT ‘A’ ZONE (PA)

CJ 1111 1111 1111 1111 CJ

LIMITED SERVICE RESIDENTIAL - ISLAND ZONE (RLSI)

PIT ‘B’ ZONE (PB) QUARRY ‘A’ ZONE (QA) QUARRY ‘B’ ZONE (QB) RESIDENTIAL ZONE (R) RURAL COMMERCIAL ZONE (RC) RURAL INDUSTRIAL ZONE (RI) LIMITED SERVICE RESIDENTIAL ZONE (RLS)

1111 CJ 1111 1111 CJ

LIMITED SERVICE RESIDENTIAL WATERFRONT ZONE (RLSW) RECREATIONAL RESORT COMMERCIAL ZONE (RRC) RURAL ZONE (RU) WATERFRONT RESIDENTIAL ZONE (RW) SALVAGE YARD INDUSTRIAL ZONE (SI) TEMPORARY USE ZONE (TUZ)

1111 1111 1111 CJ CJ

URBAN COMMERCIAL ZONE (UC) URBAN INDUSTRIAL ZONE (UI) URBAN MULTIPLE RESIDENTIAL ZONE (UMR) URBAN RESIDENTIAL ZONE

FIRST DENSITY ZONE (UR!) URBAN RESIDENTIAL ZONE
SECOND DENSITY (UR2) WASTE DISPOSAL ZONE (WD)

Page 29 of 187

Produced by the County Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2024. While the County makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only. UTM Projection NAO 83 I Date: 2024-04-26

Page 30 of 187

Page 31 of 187

April 22, 2024

Planning

Justification

Study

ARCADIS

& Land Use Compatibility

Page 32 of 187

§‘

& Land Use Compatibility

‘

J 3 gm

emmastuckeé?arcadiscom

Emma Stucke Urban Planner 613-531—4440 X 63304

Our Ref: 146084

Prepared By: Arcadis Professional Services (Canada) Inc. 61 Hyperion Court, Suite 6 Kingston, Ontario K7K 7K7 Canada Phone: 613 531 4440

April 22, 2024

Planning Justification

3&3 Wastes

3395 Moreland Dixon Road

Study

Prepared For: Alexandra Lunt & Riley Cunningham 2144 Washburn Road Inverary, Ontario KOH 1X0

Page 33 of 187

Assessment

Land Use Compatibility

Development

Proposed

Provincial Policy Statement

The Township

Potential for Incompatibility

Land Use Compatibility

4.?»

4.4

4.5

4.6

(2020)

Official Plan

of the Official Plan?

minor in nature?

desirable

Is the variance

xiv

xii

of Ontario Regulations

Table 1 Summary

Table 2 Summary

Figure 2 Location of Subject

xiv

vii

………………………………………………………………………. ………………………………………………………………………. …………………….

……………………………………………………………………….. iii Lands and Licensed Aggregate iv ………Operations………………………………………………

Lands outlined in red

…………………………………………….

and appropriate?

xiv

…………………………………………………………………….. ……………………………………………………………… ………………… …………………………………………………………………………… ………..

Does the variance maintain the general intent and purpose of the Zoning By-law?

maintain the general intent and purpose

Does the variance

Conclusions

xii

viii

……………………………. …………….

Conclusions

of South Frontenac

Four Tests of Minor Variance

vii

…………………………………………………………………… ………….. …………………………………………………………… ………………. …………………………………………………………………. ……… …………………………………………………………………. …………………………….. ………………………………………………………………….. ………………. …………………

Air Quality Noise and Land Use Planning

4.2

Framework with Regard to Air Quality and Noise in Ontario

Regulatory

4.1

………………………. ……………………………………………………………….

iii

Location & Site Context

……………………………………………………………………… …………………………………………………………………….. …………………………………………………… ……………………………………………………………….. ………………………………….. …………………………………………………………….. …………………………………………. ……………………………….

iii

*2: tW.

Introduction

I»

Figure 1 Location of Subject

Swims;

3395 Moreland Dixon Road

Page 34 of 187

Location & Site Context

This Planning Justification and Land Use Compatibility Report has been prepared in support of an Application for Minor Variance for a proposed severance from 3395 Moreland Dixon Road. A minor variance application is needed to permit residential land uses within 300-500 metres of an existing quarry as there are existing aggregate operations within 500 metres of the subject lands. Alexandra Lunt and Riley Cunningham (the “Applicants”) have retained Arcadis to undertake an assessment of land use compatibility and four tests of minor variance with regard to the proposed severed lot.

Introduction

The subject lands are municipally addressed as 3395 Moreland Dixon Road and are located south of Sunbury, east of Collins Lake. The subject lands are legally described as Part of Lot 25, Concession 1 in the Geographic Township of Storrington/Loughborough, as in FR707221 (PCL1-3), subject to debts in FR707219 in the Township of South Frontenac, in the County of Frontenac.

3395 Moreland Dixon Road

Page 35 of 187

(any ,

McGarvey Road Pit & Quarry

Proposed Severed Lot

I; I 31 (emecwfm “’“W’SL‘VX’I

may)

Subject Lands

g?)

E é:t

There is existing residential development in the area along Battersea Road Princess Road and Moreland Dixon, consisting primarily of single detached dwellings. There are four existing aggregate resource operations around Moreland Dixon Road, Princess Road, and Battersea Road. There is one aggregate operation within 500 metres of the proposed severed lot. The proposed severed lot is located approximately 385 metres from the License Boundary of a pit and quarry owned by K. Mulroney Trucking, License No. 3145 (herein referred to as the McGarvey Road Pit & Quarry). The McGarvey Road Pit & Quarry has a Class A License for greater than 20,000 tonnes with a maximum annual tonnage of 95,000 tonnes and a license area of 34.6 ha. The proposed severed lot is located over 900 metres from the other pits and quarries in the area.

has been taken from the Princess Road frontage. The subject lands are designated ‘Settlement Area’ in the Township of South Frontenac Official Plan and are zoned ‘UR1’ Urban Residential First Density in the Township’s Zoning By-law.

3395 Moreland Dixon Road

Page 36 of 187

Development

Figure 3 Proposed Severance

Pmmv.

M’s-12MBas: $114 43 m

Severed Farce!

(Sketch provided by applicant)

Jinan/#7

Retained Parcel 3395 Moreland-Dixon Road 91.11 Acres

The Applicant is proposing to sever an approximately 2 acre (0.8 hectare) residential lot from the southwest corner of the subject property to accommodate future residential development. The proposed severed lot has 84 metres of frontage on Princes Road. A minor variance application is needed to permit residential land uses in proximity of an existing pit and quarry to the southwest of the subject lands, referred to as the McGarvey Road Pit & Quarry. Section 5.34.2 of the Township’s Zoning By-law permits residential land uses between 300 metres and 500 metres of an existing quarry, provided a minor variance application is approved. The proposed minor variance seeks to permit a new residential lot within 380 metres of the license area of a quarry.

Proposed

3395 Moreland Dixon Road

Page 37 of 187

Emmewum Reemtetst‘y WS‘ Wittgt ~>

‘1 _

, ”é

£93;E55{:Egkg

of land use compatibility with respect to the proposed severed lot and

Assessment

Various

Reg. 419/05

EPA

Prohibits anyone from causing or permitting the emission of any air contaminant to a degree that may cause discomfort

plant or animal life; harm or material discomfort to any person; an adverse effect on the health of any person; rendering any property or plant or animal life unfit for human use; loss of enjoyment of normal use of property; and/or interference with the normal conduct of business.

Adverse effect: impairment of the quality of the natural environment for any use; injury or damage to property or to

Prohibits anyone from discharging a contaminant (including noise and odour) into the environment if it causes or may cause an adverse effect.

Sets out requirements for air quality modelling and reporting that must be completed when applying for an ECA.

EPA

of Ontario Regulations

Prohibits the use, operation, construction, alteration, expansion or replacement of anything that may discharge a contaminant into the natural environment other than water, unless in accordance with an Environmental Compliance Approval (ECA), issued by MECP. There are exceptions to this requirement for certain minor types of emission sources.

Table 1 Summary

industrial air and noise emission in Ontario are governed by the Environmental Protection Act (EPA) and its regulations. Table 1 summarizes key sections of the EPA and relevant MECP regulations.

The following provides an assessment McGarvey Road Pit & Quarry.

Land Use Compatibility

3395 Moreland Dixon Road

Page 38 of 187

stir ?aaay

ates amt Mast Ease ?ascg

Table 2 Summary

70 metres

300 metres

daytime Small—scale, operations only, selfcontained plant/building, sounds not audible off infrequent dust property, and odour, no ground borne vibration.

Medium-scale, open process, shift operations, frequent movement of trucks during heavy daytime, outside storage, sound occasionally audible off property, dust and odour frequent/occasionally possible intense, groundborne vibration

of Ontario Regulations

70 metres

20 metres

Guideline D-6 provides classification for industries, based in their potential for fugitive emissions that could cause adverse effects. For each class, the guideline provides an estimate of potential influence area and a recommended minimum separation distance between each class of industry and sensitive land uses. Table 2 summarizes the different classes, potential influence area and recommended minimum separation distances.

In addition to the regulations cited in the preceding section, land use considerations are another means to reduce the risk of adverse air quality and noise effects from industrial facilities. For example, this can be achieved by creating a land use buffer between industry and a sensitive land use, such as a residential use. The MECP has a guideline (D—6:Compatibility between Industrial Facilities) to assist planners in establishing adequate buffers.

£3.23

The MECP Guideline NFC-300 sets out requirements for noise and vibration modelling, monitoring and reporting that must be completed when applying for an ECA. The guideline also supports land use planning applications made under the Planning Act.

3395 Moreland Dixon Road

Page 39 of 187

Pelt:,‘gfii‘ste ,W‘twti?ma}:

Healthy, IIveable and safe communities are sustaIned by: avoiding development and land use patterns which may cause environmental or public health and safety concerns

Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and

1.1.3.4

PPS 2020 Policies Applicable

1.1.1 (0)

Table 3

The PPS policies dealing with land use compatibility are summarized in Table 3 below.

The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development and sets the policy foundation for regulating the development and use of land. The PPS provides for the appropriate development of land, while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment.

4.3% Message

In the absence of site-specific studies, when sensitive land use encroaches on an existing pit and/or quarry, the appropriate criteria are the potential influence area and recommended minimum separation distance for a Class III industrial facility (potential influence area of 1,000 metres, minimum separation distance of 300 metres) as set out in Sections 4.1.1 and 4.3 of Guideline D-6.

The influence area for pits and quarries is determined by the Ministries of Environment & Energy and Natural Resources on a case-by-case basis. For new operations, the influence area is to be determined by appropriate studies (e.g., noise, dust, vibration, hydrogeological) carried out in support of the applications for licensing or land use approvals. With regard to encroachment of other sensitive land uses upon existing pits and quarries and undeveloped resource areas, the influence area shall either be established by similar studies or in lieu of these studies, the municipality shall apply setbacks from pits and quarries and undeveloped resource areas as specified in Guideline D-6.

Guideline D-6 states that no incompatible development should occur within the recommended minimum separation distance as noted in Table 2. Section 4.10 of D-6 however identifies exceptional circumstances with regard to redevelopment, infilland mixed—use areas. Influence areas may be reduced through industrial controls/mitigation measures to enable an industry to be categorized as a lesser Class (e.g., from Class IIIto Class II). In these cases, it suggests that separation distances less than the recommended minimum values may be acceptable ifajustifying impact assessment is provided.

3395 Moreland Dixon Road

Page 40 of 187

sensitive

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2.4

RESOURCEEBOAL

(i) to protect significant mineral and aggregate resources by restricting noncompatible development on or adjacent to identified areas of mineral and aggregate resource

(a) Objectives

The Mineral Resources Goal of this Official Plan is to protect significant mineral and aggregate resource areas from incompatible land uses to enable their continued or future development.

MINERAL

Table 4 Applicable Official Plan Policies

The Township of South Frontenac Official Plan contains policies dealing with land use compatibility and noise which are summarized in Table 4 below.

95%»

ln known deposits of mineral aggregate resources and on adjacent lands, development and activities which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if:

2.5.2.5

a) resource use would not be feasible; or b) the proposed land use or development serves a greater long-term public interest; and c) c) issues of public health, public safety and environmental impact are addressed.

Mineral aggregate operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact.

2.5.2.4

land uses are only permitted if the following are of proposed adjacent demonstrated in accordance with provincial guidelines, standards and procedures: a) there is an identified need for the proposed use; b) alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations; 0) adverse effects to the proposed sensitive land use are minimized and mitigated; and d) d) potential impacts to industrial, manufacturing or other uses are minimized and mitigated.

3395 Moreland Dixon Road

Page 41 of 187

Petemttat fer teecmesttbéttty

Where possible, influence areas will be based on Provincial guidelines. Council, through the review of development applications within influence areas will ensure that land use compatibility issues are addressed.

influence areas are specific to the designation or type of proposed use and will be detailed in the appropriate section of this Plan.

The concept of an influence area is recognized as a means of protecting against incompatible land uses being located in close proximity to each other. This concept applies when a sensitive land use (for example, residential) is being proposed in close proximity to mining or mineral aggregate lands, certain commercial and industrial uses, etc., and conversely when one of these uses are proposed within close proximity to a sensitive land use.

INFLUENCE AREAS

operations in the area, and

The proposed severed parcel is located approximately 380 metres from the licensed area of the McGarvey Road Pit and Quarry. With this setback, the proposed development of the property is in compliance with the D-6 Guideline recommended minimum setback of 300 metres for a Class [II industrial facility.

The proposed severed lot is located over 900 metres from three of the four aggregate therefore has limited potential for incompatibility and no requirement for assessment.

As noted in Section 4.2 of this report, the MECP D-6 Guidelines recommends a potential influence area of 1,000 meters for pits and quarries (minimum separation distance of 300 metres). The Township of South Frontenac Official Plan notes an influence area of 300 metres from a quarry.

As established by the regulations and policies summarized above, a land use compatibility study is required when a new sensitive lands use is proposed within the potential influence area of an industrial facility.

as.

6.20

quarries.

uses 300 metres (984.3 feet) of an existing or proposed quarry, within 150 metres (492 feet) of an existing or proposed pit above the water table, and within 300 metres (984.3 feet) of an existing or proposed pit below the water table. in addition, Council will prevent any other incompatible land uses from locating within this setback area and within a 200 metre (656.2 foot) influence area adjacent to this setback for all existing or proposed

3395 Moreland Dixon Road

Page 42 of 187

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The proposed severed lot is over 900 metres from three of the four aggregate operations in the area and therefore has limited potential for incompatibility. The proposed severed lot has a separation distance of approximately 380 metres from the McGarvey Road Pit & Quarry License Area. This is in compliance with the MECP D-6 Guideline recommended minimum distance for Class III industrial facilities. Approximately 5 single family homes are existing between the subject property and the McGarvey Road Pit & Quarry. As a result, the operations of the pit and quarry are already hindered by sensitive land uses in closer proximity. The introduction of additional sensitive land uses further away from the quarry will have no further impact on the pit and quarry operations.

The proposed development of the subject property does not result in a land use compatibility conflict. This opinion recognizes the following:

s: we ?og tpa?egééty

3395 Moreland Dixon Road

Page 43 of 187

‘

of the Official Plan?

The subject lands are designated ‘Settlement Area’ in the Township’s Official Plan which permits the proposed single-detached residential use. The proposed severance meets the minimum lot area requirement of 0.8 hectares (2 acres) and is proposed to be serviced by private well and sewage system.

Does the variance maintain the general intent and purpose

The four tests on the requested variance and our opinion thereon are described below:

in order for a minor variance to be approved, the application must meet the four (4) tests as set out in Section 45(1) of the Planning Act. These four tests are as follows:

Does the variance maintain the general intent and purpose of the Official Plan?
Does the variance maintain the general intent and purpose of the Zoning By-law?
Is the variance minor in nature?
Is the variance desirable and appropriate?

Four Tests of Minor Variance

3395 Moreland Dixon Road

Page 44 of 187

thet

Legend

300m Setback From Existing Dwellings

Existing Dwellings

306m Setback from Proposed Dwelling

m Quarry License Area

(:3 Proposed Dwelling

1“”mg300m Setback Fro-mLands to be Severed

{2:2 Lands to 8:: Severed

, {:23 Subject Lands

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Section 5.5.4 of the Official Plan identifies exceptions for development in areas adjacent to known deposits of mineral aggregates. Developments adjacent to known deposits of mineral aggregates, development which would preclude the establishment of new operations or access to the resource (i.e. residential uses) will only be permitted if the resource use would not be feasible. As discussed in the land use compatibility section and illustrated below, the operations of the McGarvey Road Pit & Quarry are already hindered by existing residential land uses in closer proximity. The introduction of an additional residential land use on the proposed severed lot will have no further impact on the pit and quarry operations.

3395 Moreland Dixon Road

Page 45 of 187

minor in nature?

and appropriate?

In summary, it is our professional opinion that the requested variance satisfies the four tests under Section 45 of the Planning Act.

The proposed minor variance willfacilitate the development of a residential use on lands designated and zoned for residential development. The proposed severed lot will not hinder the operation or expansion of adjacent aggregate operations as there are existing single detached dwellings in closer proximity to the aggregate operations compared to the proposed development. No negative impacts on the existing aggregate operations are anticipated as a result of the proposed development and the proposed severed lot will contribute to the available housing stock in the township. As such, the variance is desirable and appropriate.

Is the variance desirable

The determination of whether or not an application is minor is not based on the degree of the variance required, but rather on whether the impact of granting the request(s) is minor. This includes how the variance could impact the existing or planned functionality of the subject lands and/or surrounding lands. Impacts can include but are not limited to environmental, nuisance (noise, vibration, dust etc.), visual and functional attributes. As previously discussed, the proposed severed lot and residential use will not further impact the pit and quarry operations compared to existing development. As such, the proposed variance is minor in nature.

Is the variance

The proposed severed lot is approximately 380 metres from the license area of the McGarvey Road Pit & Quarry. Section 5.34.1 of the Zoning By-Iaw prohibits residential land uses within 300 metres of an existing quarry or pit. However, Section 5.34.2 of the Zoning by-Iaw permits residential land uses on lands between 300 metres and 500 metres of an existing or proposed quarry provided a minor variance application is approved by the Township. As discussed in the land use compatibility section of this report, the proposed new lot will have no further impact on the pit and quarry operations compared to existing development. As such, the proposed development maintains the intent of the zoning by-law to ensure that new development does not negatively impact existing quarry operations.

The subject lands are zoned ‘UR1’ Urban Residential First Density in Zoning By—IawNo. 2003—75, as amended. The UR1 zone permits single detached dwellings. The proposed severance is being requested to facilitate the development of a new single detached dwelling and as such is in keeping with the intent of the Zoning By-law.

Does the variance maintain the general intent and purpose of the Zoning By-law?

3395 Moreland Dixon Road

Page 46 of 187

The proposed severed lot has a separation distance of over 900 metres from three of four aggregate operations in the area and therefore has limited potential for incompatibility. The proposed severed lot and the McGarvey Road Pit & Quarry License Area have a separation distance of over 300 metres. This is in compliance with the MECP D-6 Guidelines recommended minimum separation distance for Class IIIindustrial facilities. Approximately 5 single family homes are existing between the proposed severed lot and the Quarry. As a result, the operations of the quarry are already hindered by sensitive land uses in closer proximity. The introduction of additional sensitive land uses further away from the quarry will have no further impact on the quarry operation.

Services

(Canada)

Email: gamma.stucke?barcadiscom Direct Line: 613-531-4440 X 63304

Emma Stucke MCIP, RPP Urban Planner

Arcadis Professional

Sincerely, Inc.

If you have any questions, please do not hesitate to contact the undersigned.

Based on this, the requested variance satisfies the four tests under Section 45 of the Planning Act, constitutes good land use planning, and should be approved.

. .

In conclusion, it is our professional opinion that the proposed development of the subject property does not result in a land use compatibility conflict. This opinion recognizes the following:

Conclusions

3395 Moreland Dixon Road

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wwwamad i8.com

Canada Phone: 613 531 4440

Arcadis Professional Services (Canada) Inc. 61 Hyperion Court, Suite 6 Kingston, Ontario K7K 7K7

Report from Public Services PL-BDJ-2024-0047 Application Number: ___________________________________________________ Alicia Smith Applicant’s Name: _____________________________________________________

1 PT Lot 25 Storrington _____ Lot: _______________District:

Concession: _________________ Princess 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?

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

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

Signature on behalf of Public Services

2024-06-04

Date

Page 48 of 187

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

Sewage System Review Comments To:

Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George St, Box 100 Sydenham, ON K0H 2T0

Application Number:

PLBDJ20240047

Type of Application or Proposal:

Planning Sewage Review - Consent Application

Applicant: (if applicable) Agent:

Location:

Comments:

SMITH ALICIA HENRIETTA Riley Cunningham & Alexandra Lunt 102906003001300 3395 MORELAND-DIXON ROAD CON 1 PT LOT 25 Two test holes dug by mechanical excavation: 0.25m deep and 0.70m deep. The area is mostly fractured limestone cap rock with solid bedrock approximately 0.60 to 0.75m below. Soil is a mix of organics and clay. Any future on-site sewage system will need to be fully raised above the bedrock with a minimum 30 cm clay seal underlying the entire sewage system footprint.

Building Inspector: Matthew Doyle Date:

June 12, 2024

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community

Page 49 of 187

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

July 4, 2024

Subject:

Consent Application PL-BDJ-2024-0047 & Minor Variance Application PL-ZNA-2024-0048, Smith/ Cunningham & Lunt, 3395 Moreland-Dixon Road, Storrington District

Summary This consent application is for the creation of one new residential lot, and the minor variance application is to allow the new lot to be less than 500 metres from an active quarry. The Committee of Adjustment is being asked to make a decision on the consent application. It is a disputed consent per By-law 2020-27 because the severed parcel would be within 500 metres of an active quarry. This report recommends approval of both applications. Application Details Consent The proposed severed parcel would have an area of approximately 2 acres with 84 metres of frontage on Princess Road. The retained parcel would have an approximate area of 89 acres with approximately 200 metres and 155 metres of frontage on Princess Road and Moreland-Dixon Road, respectively. Minor Variance – Zoning Relief Requested Section 5.34.2 – To permit a residential land use to be established 380 metres away from an existing quarry, where the Zoning By-law permits residential land uses between 300 metres and 500 metres of an existing quarry provided that a minor variance is approved by the Township. Designation and Zoning The subject property is designated Settlement Area in Schedule A of the Township Official Plan. The property is zoned Urban Residential - First Density (UR1) in Zoning By-law No. 2003-75. Review This application:  Conforms to section 51(24) of the Planning Act; www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

 Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Conforms to the County of Frontenac Official Plan (s. 2.1 & 3.2);  Conforms to the Township of South Frontenac Official Plan (s. 5.5.2, 5.6.1, 5.6.6 & 7.1);  Will comply with Zoning By-law No. 2003-75 subject to a minor variance;  Has no unresolved objections/concerns raised from agencies or the public. Property Description The subject property is a large parcel of land which spans the entire length of Concession 1. The property contains frontage on both Moreland-Dixon Road to the north and Princess Road to the south. The entirety of the parcel is located within the Sunbury Settlement Area. Existing development consists of a single detached dwelling, detached livestock barn and detached storage structure. All existing development is isolated to the north half of the property, adjacent to Moreland-Dixon Road. A large portion of the property has been maintained for agricultural purposes. There is scattered mature vegetation growth throughout the property, including a large, forested area on the south half near Princess Road. A low-lying wetland/floodplain feature exists in the southeastern corner beside the road. Topography varies across the property’s extent. The area of the proposed severed lot, in the southwest corner of the property on Princess Road, is mostly flat but is elevated from the low-lying area in the southeast. Surrounding land uses consist of similar style rural residential development. The subject property is located in close proximity to lands designated Mineral Aggregate in Schedule A of the Township Official Plan and Zoned Quarry ‘A’ Zone – Special Provision 1 (QA-1) in Zoning By-law No. 2003-75. The existing pit and quarry (henceforth referred to as the McGarvey Road Pit & Quarry) is located approximately 380 metres to the southwest. Supporting Documentation A Planning Justification and Land Use Compatibility Study (Arcadis, April 22, 2024) was submitted in support of the Consent and Minor Variance Applications. The report reviewed the proposed lot in relation to the existing pits and quarries, and mineral aggregate resources in the area. The report concluded that the proposed lot would not result in any compatibility issues with the existing pits and quarries in the area. Department and Agency Comments Public Services provided comment on June 4, 2024. Public Services Staff have no objection to the approval of the consent application and provided no comment on the minor variance application. It was noted that there are adequate sight lines to permit an entrance from Princess Road to the severed parcel. The retained parcel would continue to be accessed via the existing entrance from Moreland-Dixon Road. Road Widening is to be determined by an Ontario Land Surveyor. Any shortfall of the 20m road allowance, measured 10m from the centreline of Princess Road, in front of the severed lot shall be dedicated to the Township. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Building Services provided comment on June 12, 2024. Building Services Staff have no objection to the approval of the application. Staff note that any future on-site sewage system would need to be fully raised above the bedrock within a minimum 30cm clay seal underlying the entire sewage system footprint. Cataraqui Conservation did not provide comments due to the nature of the application. Public Comments Planning Staff received an oral submission from a nearby property owner regarding the proposed severance. This nearby property owner had questions related to minimum distance separation requirements and water availability. Planning Staff followed up with the individual to answer their questions and provide additional context about the proposal. No further correspondence was received about the proposal. Planning Analysis Consent Application Mineral Aggregate Resources The Provincial Policy Statement (PPS) 2020 indicates that mineral aggregate resources shall be protected for long-term use, and where provincial information is available, deposits of mineral aggregate resources shall be identified. The County of Frontenac Official Plan contains policies that are consistent with the PPS. The County Official Plan also identifies know deposits of mineral aggregate resources. The Township of South Frontenac Official Plan intends to protect wherever possible and practical sand and gravel resources and a reasonable amount of bedrock resources for aggregate extraction and to ensure that resources are utilized in accordance with the proper controls. Existing licensed pits and quarries are designated “Mineral Aggregate” and are place in either a Pit or Quarry zone depending on the type of operation and its annual tonnage production. The Township Official Plan recognizes the concept of an influence area as a means of protecting mineral aggregate and existing quarries from incompatible land uses. For this reason, the Official Plan prohibits residential land uses within 300 metres of an existing or proposed quarry. The Official Plan also intends to prevent incompatible lands uses less than 500 metres but more than 300 metres from an existing quarry. The 500 metre influence area is not meant to be a strict buffer or setback area in which development is prohibited. Rather, it is an area where impacts may occur or may be experienced, and development may occur subject to a technical assessment. These policies are implemented through the Zoning By-law. Section 5.34.2 of the Zoning Bylaw specifies that residential land uses may be permitted between 300 metres and 500 metres of an existing quarry provided a minor variance or rezoning application is approved by the Township. A land use compatibility study is required in support of such proposals. The proposed severed parcel would be approximately 380 metres from the licensed area of the McGarvey Road Pit & Quarry. It is noted that the Mineral Aggregate designation and QAwww.southfrontenac.net Page 52 of 187 South Frontenac is a welcoming and thriving rural community.

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

1 zone do not correspond to the licenced area because the northern boundary of the quarry was reduced by 300 metres in 2022. The Planning Justification and Land Use Compatibility Report (Arcadis, April 22, 2024) concluded that the approval of the severance application will not result in any incompatibility with the quarry. The influence area for pits and quarries are determined by the Province on a case-by-case basis, informed by studies carried out in support of applications for licensing. In the absence of site-specific studies, the appropriate criteria are the potential influence area and recommended minimum separation distance for a Class III industrial facility as set out in Section 4.1.1 and 4.3 of the Provincial Guideline D-6: Compatibility between Industrial Facilities. Guideline D-6 establishes a potential influence area of 1000 metres and a minimum separation distance of 300 metres for Class III industrial facilities. The proposed severed lot would be approximately 380 metres from the licensed area of the McGarvey Road Pit & Quarry. Therefore, any negative land use compatibility outcomes would be mitigated by virtue of the minimum separation distances, the characteristics of the quarry operation, pre-existing regulatory controls, and to the intervening existing residential land uses. Minimum Distance Separation from Livestock Facilities In conformity with the PPS, the Township Official Plan requires that all division of land for non-farm uses comply with the Minimum Distance Separation Formulae I (MDS I) (Section 7.1(I)). The Township Zoning By-law also requires residential development to comply with MDS I. The subject property is designated Settlement Area in Schedule A of the Township Official Plan. In accordance with Implementation Guideline No. 36 of the Ontario MDS document and Section 5.35a) of the Zoning By-law, MDS I setbacks are not required for proposed land use changes, including consents, within approved settlement areas. Settlement Area Policies The PPS 2020 promotes efficient development and land use patterns, and states that rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. The PPS also states that planning authorities must consider rural characteristics, the scale of development and the provision of appropriate service levels when directing development in rural settlement areas. The County of Frontenac Official Plan supports the PPS policies, encouraging the Township to promote mixed-use development including residential, commercial, institutional, parks and employment areas (Section 3.2). The Township of South Frontenac Official Plan also intends that a majority of new growth will be directed to existing settlement areas where it can be supported by appropriate servicing (Section 5.6). The intent of the lot creation policies of Section 5.6.6 is that new lot development in Settlement Areas will generally occur by plan of subdivision. This section also states that a maximum of three severances may be permitted from a lot of record on the day of adoption of the Official Plan where it is demonstrated that a plan of subdivision is not necessary for the orderly development of the land and will not limit such development by plan www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 53 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

of subdivision. This policy is consistent with Section 53(1) of the Planning Act. It is the opinion of Township Planning Staff that a plan of subdivision is not required to ensure the orderly development of the land. Further, the creation of the severed lot would not compromise the future viability of a plan of subdivision occurring on the subject lands. Finally, there have been no severances from the property since the adoption of the Township Official Plan. Therefore, the subject property is eligible for severance. The proposed severed lot would have an area of 2 acres, in line with the minimum requirements of Section 5.6.1 of the Official Plan. The Official Plan does not specify a minimum lot frontage for residential properties in settlement areas. However, Zoning By-law No. 2003-75 requires a minimum 76 metres of lot frontage. The severed parcel would have approximately 84 metres of road frontage, in compliance with the requirements of the zoning by-law. The retained parcel would also comply with the minimum lot size and frontage requirements established in the Township Official Plan and Zoning By-law. Existing agricultural uses (being uses that existed prior to Zoning By-law No. 2003-75) are permitted uses in the UR1 zone. The intent is to allow agricultural uses to continue on lands within a Settlement Area until such time as the lands are developed for residential purposes. As previously indicated, the subject property consists of farmland that is used for cultivating crops. Additionally, there is an existing barn structure which has historically housed livestock. The agricultural lands and the livestock barns would be wholly contained within the retained lands, more than 1km from the proposed severed lot. As such, the proposed severance would not establish the creation of a new use and would be consistent with the PPS, County Official Plan and Township Official Plan direction that lands within Settlement Areas are to be the focus of growth and development. Additionally, the creation of the severed parcel would not result in the creation of insufficient setback values of any existing structures. The creation of the severed parcel would not impact the ability of the retained lands to function as a residential and agricultural property. Any future development on the retained parcel could be compliant with the requirements of the Zoning By-law. General Consent Policies Section 7.1o) of the Township Official Plan enables the Township to impose certain conditions to the approval of a severance. A standard condition of severance approval is a development agreement addressing matters, including but not limited to, lot grading and drainage. Such a requirements ensures that runoff, as a result of site alteration, is appropriately directed and does not result in flooding. As such, it is recommended that a development agreement be registered on the title of the severed lands to address measures related to lot grading and drainage. The recommended lot grading and drainage plan is to address existing and proposed grades and drainage patterns within and adjacent to the development envelope, entrance, well and septic locations. Section 7.1s) speaks to the applicant providing sufficient information to substantiate that all lots created have a source of potable water and appropriate sanitary sewage disposal facilities. The applicant has demonstrated to the satisfaction of Building Services that the severed parcel would have the ability to be serviced by a private sewage disposal system. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Further, the Township typically requires the ability to be serviced by a private well to be demonstrated as a condition of approval. Conclusion The lands to be severed and the lands to be retained would be consistent with the Provincial Policy Statement, and in conformity with the land division policies (Section 7.1) of the Township Official Plan. The retained parcel would be in compliance with Zoning By-law 200375. The severed lands will be compliance with Zoning By-law No. 2003-75, pending the approval of the concurrently submitted minor variance application. Minor Variance The proposal needs to be assessed against the four tests of a minor variance outlines in Section 45(1) of the Planning Act. It is the opinion of Planning Staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would facilitate residential uses on the proposed severed parcel within 500 metres of lands designated as Mineral Aggregate on Schedule A of the Township Official Plan. Section 5.5.2 of the Official Plan prohibits residential development within 300 metres of an existing quarry. The purpose of this prohibition is to protect against incompatible lands uses in the vicinity of Mineral Aggregate designations and to protect existing pits and quarries from other incompatible land uses. The proposed severed lot is located approximately 380 metres from the licensed area of the existing quarry to the southwest. Therefore, the proposed severed lot is outside of the 300 metre prohibition area. The Official Plan also establishes an additional 200 metre influence area. Within this area, residential land uses may be permitted, subject to additional technical assessment. The submitted Planning Justification and Land Use Compatibility Report (Arcadis, April 22, 2024) concluded that the approval of the severance would not result in any incompatibility and that it would be appropriate to permit residential development within the 200 metre influence area. It is the opinion of Township Planning staff that the proposed variance maintains the general intent and purpose of the Official Plan, specifically the policies related to residential development adjacent to Mineral Aggregate resources. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed severed parcel would be located approximately 380 metres from lands zoned Quarry ‘A’ Zone – Special Provision 1 (QA-1). Section 5.34.2 of Zoning By-law No. 2003-75 states that residential land uses may be permitted on lands between 300 metres and 500 metres of an existing quarry provided a minor variance application is approved by the Township. The Planning Justification and Land Use Compatibility Report (Arcadis, April 22, 2024) concluded that the approval of the severance application will not result in any incompatibility with the quarry. Any negative land use compatibility outcomes would be mitigated by virtue of the minimum separation distances, the characteristics of the quarry www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 55 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

operation, pre-existing regulatory controls, and to the intervening existing residential land uses. Therefore, Township Planning Staff feel that is appropriate to permit a minor variance which would enable residential land uses on the proposed lot380 metres from the existing quarry. 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 variance desirable for the appropriate development or use of the land? The requested variance is desirable for the appropriate development or use of the land. The proposal would facilitate the creation of residential uses on lands designated and zoned for residential development. Further, it is anticipated that there would be no negative impact on the existing aggregate operation as a result of the proposed severance. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law. Further, the requested variance is desirable for the appropriate development of the lands. The proposed severed lot and residential use will not further impact the quarry operation compared to existing development. Notice/Consultation Notice of the Statutory Public Meeting 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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending any comments received, approve consent application PL-BDJ-2024-0047 and minor variance application PL-ZNA-2024-0048 for 3395 Moreland-Dixon Road, subject to the conditions for each application listed in the attachments. Attachments

Conditions for Consent Application PL-BDJ-2024-0047
Conditions for Minor Variance Application PL-ZNA-2024-0048 Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Attachment 1. Conditions for Consent Application PL-BDJ-2024-0047 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 lands to be severed by Consent Application PL-BDJ-2024-0047 shall be for the creation of one new residential lot a minimum of 2 acres in area with approximately 84 metres of frontage on Princess Road. The lot area, frontage and configuration of the proposed severed lot shall be consistent with sketch submitted by the applicant (April 24, 2024), 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 Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The surveyor or applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening
The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of Princess 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 Princess 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; www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 57 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements 6. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official. 7. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 8. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel. 9. In the event that there are abandoned wells located on the severed parcel or the retained property, 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. 10. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Requirement for an entrance permit; b. Requirement for a lot grading and drainage plan to be submitted at the building permit stage to address existing and proposed grades and drainage patterns within and adjacent to the development envelope, entrance, well and septic locations; c. Notice regarding compliance with the Endangered Species Act; www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 58 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

d. Notice regarding archeological resources and human remains. Zoning 11. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 59 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Attachment 2. Recommended Conditions for Minor Variance Application PL-ZNA-20240048

This minor variance is related to consent application PL-BDJ-2024-0047, seeking to create a new residential lot. The proposed severed parcel and associated residential land uses are permitted to be located a minimum of 380m from the licensed area of the McGarvey Road Pit & Quarry.
Minor Variance PL-ZNA-2024-0048 is applicable only to Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 60 of 187

Page 61 of 187

Rideau

Quinte

Cataraqui

system

Township Minor Minor Minor

vary

Requirements

Valley

Only

the

a permit

Frontenac

a Fee Authority applicable

that

Authority

Conservation

purpose purpose

Authority

Review a new

Class

be provided for (where applicable) Conservation

Frontenac.

sketch, by debit

day

filed

I…

the

with credit

was

review onsite an application be submitted

sewage

alter passed,

with

sewage

$ 1

( Separ the ate

Secretary— byTreasurer a noncard or refundabl cheque e

the

PlanningAEplication

card.

the

structure by-law

accompanied

extend

by Townshi Chapter p P. a legal non 1 —. conf Committee ormi ng building or stru ctur e

appointed 1990, alter to

the land, Plan. By—law.

provided

persons Act R.S.O. s. 45(2)

(s. 45(2)) 2023

Township to when submitting Authority, are to

the

the or

FRONTENAC

VARIANCE

use of Official Zoning

the

or the the

application

enlarge

of of

provisions

development

copy of this together with below in cash,

WITH Performance in combination with than a Class A system

South

Region

Variance Variance Variance other

It is required Conservation payable to

without

Type:

and and

By-law

may grant permission to land, building or structure, prohibited by the by-law.

intent intent

appropriate

Zoning

June,

MINOR

SOUTH

of eight Committee 45 of the Planning or permission under

Updated

TOWNSHIP OF APPLICATION FOR OR PERMISSION

is a Section by—law

It is required that one (1) Committee of Adjustment, accordance with the chart to the Township of South

Application 1—3 Variances 4+ Variances After building

1 .

Application

Committee where any for a purpose

The lands used

may

under a zoning

Adjustment

ls for the desirable Maintains the general Maintains the general Is minor nature in

the

Committee variance:

formed from

that

The

Committee Committee is minor variance

The

“(4%: FRgingENAc

Page 62 of 187

Please

additional

THIS

are

ITEM

and

for

CAREFULLY

FRONTENAC R.S.O. Act,

consultation fees prior

SOUTH Planning

on any

this application construction.

APPLICATION P.13 c.

1990,

FOR

only;

amended

these

MINOR

agencies

VARIANCE

shall a sketch showing the dimensions of the subject provide outlined Question 29 of the application. The sketch shoul in d and scaled either Imperial or Metric measures. This in sketch, i n is the basis the analysis for of the Minor Variance Form. Adjustment. strongly Committee of It is recommended that the applicant spend time carefully and thoroughly to assemble the data and transfer the data to that the sketch be drawn with dimensions important accurate and measur application which does include the not above be information required not ements. may regard, the may wish the to secure assistance of a who applicant person drafting of such sketches. answering the application questions is at to A guide ac he Collection of Personal Information d. information Personal herein is under the Planning 1 requested required Act, 9 This be by information used the Committee of Adjustment/Land Division will 9 of reviewing the above referenced application, purpose and be made may 0 boards, Agencies and Persons having an Commissions, interest Authorities, i n regarding the collection of this information should be directed questions Treasurer the of Committee of Adjustment (P.O. Box Sydenham, 100, Ont., 376—3027 ext.2224).

READ

applicant lands dimensioned Application the

abutting

Each

PLEASE

Note: These fees permit applications

TOWNSHIP

Page 63 of 187

Page 64 of 187

1 1 .

The

are

the

used nearest

subject be public to

Yes

garage,

whether

existing

the or

Road/Lane: ..

property

‘W

the

SOUTH

the

and

h: a?

the

shed, E

are etc.)

FM there

uses

and

the

Yes

any

the ($4.,’

road?

mute

please

buildings

P M -/ vorv

VARIANCE

the

from

parking

(1‘3ka

Zonin g FJM;

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7<7 ‘T‘

Yes 1&1

the facilities

structures

indicate these

‘/

1107‘ provisions

()dece‘ss distanc

only,

IxNo

maintained

‘T‘H’c’

with

MINOR

road/lane):

aim

(on

(Quemmzcy’

K M;— EXISTING

‘h

land?

by is water approximate

l_l

municipally

6”

FOR amended

FTGP‘VQ ME W AN L .(Z?ggg’

{L’Mt—DVMR}

Zoning

comply

By—Iaw:

Area:

Frontage

land.

APPLICATION P.13 1990, C.

RV/Ep

subject

sun‘s:

cannot

(Lost

from

—

subject

the

@property

road.

used

use

road’.>

front

(views

the

land:

FRONTENAC R.S.O. Act,

95th

relief

subject

area

Planning

proposed

maintained

7‘

why

subject

JV);

ex{ent of the

UJWJT

and

{sezw’c‘

Please indicate (Le. residence,

What

zoning

water):

depth

?ea/em

privately

the

reason

WI;

nature

current

If access facilities and the

Name

Does

The

Depth:

(on

frontage(s).

Frontage

The

4‘.

TOWNSHIP

Page 65 of 187

Setback

story

proposed

uses

High

one

14.Are

any be

building(s) built on

the

(RE/’??eWTRRL

13.The

Water Mark (If applicable)

Setback

story)

Building n It Is

Line

from

Line

from

Line

from

Area

two

from

Lot

indicate

Lot

Dimensions Floor

(Also

Height

Side

Setback

Setback Rear

Front

answer

of Structure residence)

If the

(E.g.

Type

TOWNSHIP

the

1 1

SOUTH

yes,

MYes

Ed No

additions

(2)

EACH

land:

for

FRONTENAC Act, R.S.O.

AHoom?

gums

subject

Planning

or structure(s). subject land?

(1)

item

or:

H?ug?

building

FOR

New

MINOR

”LA

indicate:

amended

building(s)

(3)

structure

PV13

existing

APPLICATION

1990,

L/OI/’

structure(s),

( 4 )

VARIANC E

Page 66 of 187

two

one

yes.

please

plans

provide

SOUTH

yes,

Planning for

any

size

details:

total

(2)

proposed

R.S.O.

the

completed

FOR amended

(3)

MIG

structures?

VARIANC E

structure

MINOR

SN,\§CT \JL0/

L1 Yes

the setback lane. the samei CONSTRUCTION NEW

building

a private be will the to

EKKS?

existing

mark relate building.

and

addition,

APPLICATION P.13 1990, c.

waterfront, the high water question in this

each

Act,

FRONTENAC

DEMOLITION

property is setback from required

include

your

(1)

1 6.

Mark

from

story)

item

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

Water applicable)

Building

Line

from

Line

from

Line

from

NOTES:

(If

High

Setback

Outside Dimensions Building/Structure

story

Lot

lndlcate

Side

Setback

answer

of Structure residence)

Setback Rear

Height

(Also

the

Setback Front

Type (E.g.

1 5.

TOWNSHIP

storm

operated privy,

Indicate

body,

water

the

that

water privately

W ELL

means:

time

existing

subject

drainage

§ N“ /

was

existing

fixtures

bedrooms

the

existing

ditches,

provided owned

mexb

swales

other

land individual

a or

the

Yes

and a

a publicly or communal

means?

well.

owned

own ed

ope rate lake, d

la nd s:

31

VARIANC E

subject

MINOR

continued:

raw-whorls

the subject operated

land

l_l

publicly communal

owner:

FOR amended

have

structure?

F.13

constructed

land individual

subject

were

current

encroach

to and

subject

operated

the

structures

LVL

sewers,

APPLICATION

1990,

development?

structure system?

uses

and

privately

disposal

provided owned

existing

N “N

the

or septic

and

space

acquired

living

plumbing

number

proposed

addition

the

details:

the

FRONTENAC Act, R.S.O.

RAISING

SOUTH

Planning

buildings

land

provided

the the

whether sewage sewage system, other means:

system, or other

the

Will

Increase

(0)

(d)

Increase

(b)

uses Increase

the

provide

include

(a)

whether

length

date

What

please

plans

TOWNSHIP

are

your

If yes,

Indicate

.The

20.The

19.The

Page 67 of 187

Page 68 of 187

“‘N

ote:

location

The

all

distances

importance

property

The and

abutting

should

to on—site IS varied,

river distance

abutting and REQUIRED be prepared

Show

natural subject

(neighbours’)

file

FOR

ever

between bridge or

including

THE

the

been

number

subject la crossing. nd

an d

Pl an ni n g

gn a ifi s ca nt

of s, si

barn

the subject buildings, wetlands, the applicant’s

the railway

location

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

THE

subject

the

VARIANC E

application

the

under

MINOR

TOP

amended

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

lands.

i.e. distance such as

subject

application

land

number

ARROW

following:

the

…… point landmark

of all the to ditches,

the

land has Variance).

give

APPLICATION c. P.13 1990,

subject

NORTH

the

give

subject (Minor

please

showing

dimensions

R.S.O.

land is Consent.

the Act

please

yes,

Act,

FRONTENAC

HAVE

yes,

reference lot line

and buildings.

MUST

submitted

Mic:

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

location of township

The nearest

iii)

proposed

boundaries

The and

whether Planning

&N0

the

ii)

item

SKETCH

must

indicate

THE

SKETCH

Yes

answer If the the application.

l_l

If known, please under Section

SOUTH

Planning

the subject Subdivision

question

whether Plan of

Yes

answer to application.

l_l

indicate

If the of the

Please approval

TOWNSHIP

Page 69 of 187

tffij

UR1 1 UR1 UR1

UR1

RU UR1

UR1

Retained Lands

UR1-15 UR1-15

Proposed Seve ance

UR1-15 UR1 UR1 UR1

UR1-13

RU RU

LEGEND

c::::J

��

SOUTH FRONTENAC (SMITH) 395 MORELAND DIXON RD PL-BDJ-2024-0048 so

100

Scale: 1:8,000

200m

,. -1 CJ �

Subject Property Proposed Severance Township Boundaries Assessment Parcels Building Footprints Wooded Area

Waterbody Road

Zoning

1111 1111 CJ 1111 1111 1111

CJ 1111 1111 1111 1111 CJ

LIMITED SERVICE RESIDENTIAL - ISLAND ZONE (RLSI)

PIT ‘B’ ZONE (PB) QUARRY ‘A’ ZONE (QA) QUARRY ‘B’ ZONE (QB) RESIDENTIAL ZONE (R) RURAL COMMERCIAL ZONE (RC) RURAL INDUSTRIAL ZONE (RI) LIMITED SERVICE RESIDENTIAL ZONE (RLS)

1111 CJ 1111 1111 CJ

1111 1111 1111 CJ CJ

URBAN COMMERCIAL ZONE (UC) URBAN INDUSTRIAL ZONE (UI) URBAN MULTIPLE RESIDENTIAL ZONE (UMR) URBAN RESIDENTIAL ZONE

FIRST DENSITY ZONE (UR!) URBAN RESIDENTIAL ZONE
SECOND DENSITY (UR2) WASTE DISPOSAL ZONE (WD)

Page 70 of 187

Page 71 of 187

Page 72 of 187

April 22, 2024

Planning

Justification

Study

ARCADIS

& Land Use Compatibility

Page 73 of 187

§‘

& Land Use Compatibility

‘

J 3 gm

emmastuckeé?arcadiscom

Emma Stucke Urban Planner 613-531—4440 X 63304

Our Ref: 146084

Prepared By: Arcadis Professional Services (Canada) Inc. 61 Hyperion Court, Suite 6 Kingston, Ontario K7K 7K7 Canada Phone: 613 531 4440

April 22, 2024

Planning Justification

3&3 Wastes

3395 Moreland Dixon Road

Study

Prepared For: Alexandra Lunt & Riley Cunningham 2144 Washburn Road Inverary, Ontario KOH 1X0

Page 74 of 187

Assessment

Land Use Compatibility

Development

Proposed

Provincial Policy Statement

The Township

Potential for Incompatibility

Land Use Compatibility

4.?»

4.4

4.5

4.6

(2020)

Official Plan

of the Official Plan?

minor in nature?

desirable

Is the variance

xiv

xii

of Ontario Regulations

Table 1 Summary

Table 2 Summary

Figure 2 Location of Subject

xiv

vii

………………………………………………………………………. ………………………………………………………………………. …………………….

……………………………………………………………………….. iii Lands and Licensed Aggregate iv ………Operations………………………………………………

Lands outlined in red

…………………………………………….

and appropriate?

xiv

Does the variance maintain the general intent and purpose of the Zoning By-law?

maintain the general intent and purpose

Does the variance

Conclusions

xii

viii

……………………………. …………….

Conclusions

of South Frontenac

Four Tests of Minor Variance

vii

Air Quality Noise and Land Use Planning

4.2

Framework with Regard to Air Quality and Noise in Ontario

Regulatory

4.1

………………………. ……………………………………………………………….

iii

Location & Site Context

iii

*2: tW.

Introduction

I»

Figure 1 Location of Subject

Swims;

3395 Moreland Dixon Road

Page 75 of 187

Location & Site Context

Introduction

3395 Moreland Dixon Road

Page 76 of 187

(any ,

McGarvey Road Pit & Quarry

Proposed Severed Lot

I; I 31 (emecwfm “’“W’SL‘VX’I

may)

Subject Lands

g?)

E é:t

3395 Moreland Dixon Road

Page 77 of 187

Development

Figure 3 Proposed Severance

Pmmv.

M’s-12MBas: $114 43 m

Severed Farce!

(Sketch provided by applicant)

Jinan/#7

Retained Parcel 3395 Moreland-Dixon Road 91.11 Acres

Proposed

3395 Moreland Dixon Road

Page 78 of 187

Emmewum Reemtetst‘y WS‘ Wittgt ~>

‘1 _

, ”é

£93;E55{:Egkg

of land use compatibility with respect to the proposed severed lot and

Assessment

Various

Reg. 419/05

EPA

Prohibits anyone from causing or permitting the emission of any air contaminant to a degree that may cause discomfort

Adverse effect: impairment of the quality of the natural environment for any use; injury or damage to property or to

Prohibits anyone from discharging a contaminant (including noise and odour) into the environment if it causes or may cause an adverse effect.

Sets out requirements for air quality modelling and reporting that must be completed when applying for an ECA.

EPA

of Ontario Regulations

Table 1 Summary

industrial air and noise emission in Ontario are governed by the Environmental Protection Act (EPA) and its regulations. Table 1 summarizes key sections of the EPA and relevant MECP regulations.

The following provides an assessment McGarvey Road Pit & Quarry.

Land Use Compatibility

3395 Moreland Dixon Road

Page 79 of 187

stir ?aaay

ates amt Mast Ease ?ascg

Table 2 Summary

70 metres

300 metres

daytime Small—scale, operations only, selfcontained plant/building, sounds not audible off infrequent dust property, and odour, no ground borne vibration.

of Ontario Regulations

70 metres

20 metres

£3.23

3395 Moreland Dixon Road

Page 80 of 187

Pelt:,‘gfii‘ste ,W‘twti?ma}:

Healthy, IIveable and safe communities are sustaIned by: avoiding development and land use patterns which may cause environmental or public health and safety concerns

Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and

1.1.3.4

PPS 2020 Policies Applicable

1.1.1 (0)

Table 3

The PPS policies dealing with land use compatibility are summarized in Table 3 below.

4.3% Message

3395 Moreland Dixon Road

Page 81 of 187

sensitive

the “tesmeittp e? $eatt‘g $§€§§X$§§§3 25

{35“ @gcm 15

Was

2.4

RESOURCEEBOAL

(i) to protect significant mineral and aggregate resources by restricting noncompatible development on or adjacent to identified areas of mineral and aggregate resource

(a) Objectives

The Mineral Resources Goal of this Official Plan is to protect significant mineral and aggregate resource areas from incompatible land uses to enable their continued or future development.

MINERAL

Table 4 Applicable Official Plan Policies

The Township of South Frontenac Official Plan contains policies dealing with land use compatibility and noise which are summarized in Table 4 below.

95%»

2.5.2.5

2.5.2.4

3395 Moreland Dixon Road

Page 82 of 187

Petemttat fer teecmesttbéttty

influence areas are specific to the designation or type of proposed use and will be detailed in the appropriate section of this Plan.

INFLUENCE AREAS

operations in the area, and

The proposed severed lot is located over 900 metres from three of the four aggregate therefore has limited potential for incompatibility and no requirement for assessment.

as.

6.20

quarries.

3395 Moreland Dixon Road

Page 83 of 187

eeegeemt

The proposed development of the subject property does not result in a land use compatibility conflict. This opinion recognizes the following:

s: we ?og tpa?egééty

3395 Moreland Dixon Road

Page 84 of 187

‘

of the Official Plan?

Does the variance maintain the general intent and purpose

The four tests on the requested variance and our opinion thereon are described below:

in order for a minor variance to be approved, the application must meet the four (4) tests as set out in Section 45(1) of the Planning Act. These four tests are as follows:

Does the variance maintain the general intent and purpose of the Official Plan?
Does the variance maintain the general intent and purpose of the Zoning By-law?
Is the variance minor in nature?
Is the variance desirable and appropriate?

Four Tests of Minor Variance

3395 Moreland Dixon Road

Page 85 of 187

thet

Legend

300m Setback From Existing Dwellings

Existing Dwellings

306m Setback from Proposed Dwelling

m Quarry License Area

(:3 Proposed Dwelling

1“”mg300m Setback Fro-mLands to be Severed

{2:2 Lands to 8:: Severed

, {:23 Subject Lands

‘

3395 Moreland Dixon Road

Page 86 of 187

minor in nature?

and appropriate?

In summary, it is our professional opinion that the requested variance satisfies the four tests under Section 45 of the Planning Act.

Is the variance desirable

Is the variance

Does the variance maintain the general intent and purpose of the Zoning By-law?

3395 Moreland Dixon Road

Page 87 of 187

Services

(Canada)

Email: gamma.stucke?barcadiscom Direct Line: 613-531-4440 X 63304

Emma Stucke MCIP, RPP Urban Planner

Arcadis Professional

Sincerely, Inc.

If you have any questions, please do not hesitate to contact the undersigned.

Based on this, the requested variance satisfies the four tests under Section 45 of the Planning Act, constitutes good land use planning, and should be approved.

. .

In conclusion, it is our professional opinion that the proposed development of the subject property does not result in a land use compatibility conflict. This opinion recognizes the following:

Conclusions

3395 Moreland Dixon Road

Page 88 of 187

wwwamad i8.com

Canada Phone: 613 531 4440

Arcadis Professional Services (Canada) Inc. 61 Hyperion Court, Suite 6 Kingston, Ontario K7K 7K7

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

July 4, 2024

Subject:

Consent Application PL-BDJ-2024-0047 & Minor Variance Application PL-ZNA-2024-0048, Smith/ Cunningham & Lunt, 3395 Moreland-Dixon Road, Storrington District

Page 89 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Page 90 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Building Services provided comment on June 12, 2024. Building Services Staff have no objection to the approval of the application. Staff note that any future on-site sewage system would need to be fully raised above the bedrock within a minimum 30cm clay seal underlying the entire sewage system footprint. Cataraqui Conservation did not provide comments due to the nature of the application. Public Comments Planning Staff received an oral submission from a nearby property owner regarding the proposed severance. This nearby property owner had questions related to minimum distance separation requirements and water availability. Planning Staff followed up with the individual to answer their questions and provide additional context about the proposal. No further correspondence was received about the proposal. Planning Analysis Consent Application Mineral Aggregate Resources The Provincial Policy Statement (PPS) 2020 indicates that mineral aggregate resources shall be protected for long-term use, and where provincial information is available, deposits of mineral aggregate resources shall be identified. The County of Frontenac Official Plan contains policies that are consistent with the PPS. The County Official Plan also identifies know deposits of mineral aggregate resources. The Township of South Frontenac Official Plan intends to protect wherever possible and practical sand and gravel resources and a reasonable amount of bedrock resources for aggregate extraction and to ensure that resources are utilized in accordance with the proper controls. Existing licensed pits and quarries are designated “Mineral Aggregate” and are place in either a Pit or Quarry zone depending on the type of operation and its annual tonnage production. The Township Official Plan recognizes the concept of an influence area as a means of protecting mineral aggregate and existing quarries from incompatible land uses. For this reason, the Official Plan prohibits residential land uses within 300 metres of an existing or proposed quarry. The Official Plan also intends to prevent incompatible lands uses less than 500 metres but more than 300 metres from an existing quarry. The 500 metre influence area is not meant to be a strict buffer or setback area in which development is prohibited. Rather, it is an area where impacts may occur or may be experienced, and development may occur subject to a technical assessment. These policies are implemented through the Zoning By-law. Section 5.34.2 of the Zoning Bylaw specifies that residential land uses may be permitted between 300 metres and 500 metres of an existing quarry provided a minor variance or rezoning application is approved by the Township. A land use compatibility study is required in support of such proposals. The proposed severed parcel would be approximately 380 metres from the licensed area of the McGarvey Road Pit & Quarry. It is noted that the Mineral Aggregate designation and QAwww.southfrontenac.net Page 91 of 187 South Frontenac is a welcoming and thriving rural community.

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Page 92 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Page 93 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Page 94 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

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

Conditions for Consent Application PL-BDJ-2024-0047
Conditions for Minor Variance Application PL-ZNA-2024-0048 Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 95 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Attachment 1. Conditions for Consent Application PL-BDJ-2024-0047 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 lands to be severed by Consent Application PL-BDJ-2024-0047 shall be for the creation of one new residential lot a minimum of 2 acres in area with approximately 84 metres of frontage on Princess Road. The lot area, frontage and configuration of the proposed severed lot shall be consistent with sketch submitted by the applicant (April 24, 2024), 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 Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The surveyor or applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening
The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of Princess 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 Princess 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; www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 96 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Page 97 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 98 of 187

Township of South Frontenac Staff Report PL-BDJ-2024-0047 & PL-ZNA-2024-0048

Attachment 2. Recommended Conditions for Minor Variance Application PL-ZNA-20240048

This minor variance is related to consent application PL-BDJ-2024-0047, seeking to create a new residential lot. The proposed severed parcel and associated residential land uses are permitted to be located a minimum of 380m from the licensed area of the McGarvey Road Pit & Quarry.
Minor Variance PL-ZNA-2024-0048 is applicable only to Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 99 of 187

Page 100 of 187

ireme

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Valley

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without

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purpose purpose

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2023

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the

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sewage

review onsite an application be submitted

Building $97.00 $97.00 $97.00

alter

struct ure

passed,

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Fee:

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the

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by Township Chapter P.13 , non— a legal confor ming Committee i

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the land, Plan. By—law.

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appointed 1990, to alter

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extend day

of use Official Zoning

to Township submitting when are to Authority.

the

082.00

£70.00

$999.00 $1

or the the

provided

application sketch, the debit or by

Planning

cash,

with

this

be for provided (where applicable)

permit

together below Frontenac.

enlarge

provisions

development

By-law

and and

copy

South Frontenac Only Perfon’nance WITH combination with in than system a Class A

Region

of Variance Variance Variance other

It is required Conservation payable to

Application 1 —3 Variances Variances 4+ building After

FRONTENAC VARIANCE

45(2))

persons eight Committee of Act R.S.O. Planning 45 of the 45(2) s. or under permission

grant pern1ission to building or structure, by by-Iaw. the

intent intent

appropriate

Zoning

by—law

OF SOUTH TOWNSHIP APPLICATION FOR MINOR PERMISSION (s. OR January, Updated

Section

one (1) that it is required Adjustment, of Committee with chart the accordance of South the Township to

Cataraqui

system

Minor Minor

Township Minor

Application

may land,

minor

for

vary

the general the general in nature the

Committee where any purpose a for

Maintains

desirable is Maintains

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may

the

Committee variance:

of Adjustment under formed from a zoning

The that

The Committee is Committee minor variance

FRgn’EN

Page 101 of 187

Please

THIS

are

SOUTH

ITEM

CAREFULLY

FRONTENAC Act, R.S.O.

for consultation and fees prior

Planning

on any

P.13

this application construction.

APPLICATION 1990,

FOR

only;

amended

these

MINOR

agencies

VARIANC E

Collection of

Personal

boards.

Treasurer 376-3027

questions

che d.

by used the above

herein is required under the Planning 19 Act. the 90 Adjustment/Land of Committee Division C referenced application, may o and be made a Agencies Authorities, and Persons having an Commissions. interest v in regarding the collection of this information a should be directed the Adjustment of Committee of il (P.O. Box Sydenham, 100, Ont.. a ext,2224). . b l e requested

Information

Each shall a sketch applicant provide showing the dimensions the subject of abutting lands as outlined Question in 29 of the The sketch application. should dimensioned and either scaled in Imperial or Metric measures. This in sketch. the Application the is basis for the analysis the Minor Form. of Variance A Committee Adjustment. It is of strongly p recommended that applicant the spend time to carefully and thoroughly assemble the data and transfer the data topl ic important that the be drawn with accurate dimensions and sketch. measure application which does include not the above information may required be at not ments. io regard, the wish applicant to may the secure assistance of a person who ns such sketches. drafting of A guide to answering the application questions is atta

PLEASE

fees applications

READ

These

permit

Note:

Personal information This information will purpose of reviewing

additional

TOWNSHIP

—=3”.

Page 102 of 187

Page 103 of 187

The

[29

and

of the

subject

area

. land:

What

Please (Le.

why

extent of

are the

residence.

indicate

ss??ouALv

to be public

the

relief

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whether garage.

road?

front

‘

of.

the

‘

are etc.)

any

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there shed,

‘

EXISTING

land?

by is water approximate

subject

the

‘

with

the

buildings

only, please distance

DNO

maintained

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comply

37°

the

municipally

cannot

frorn

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FOR

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748

road/lane):

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the

err-the

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structures

indicate these

road?

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VARIANCE

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IA;

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land.

APPLICATION c. P.13 1950.

subject

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use

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property used and road.

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existing

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proposed

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the

:94:

FRONTENAC Act, R.S.O.

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zoning

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TOWNSHIP

Page 104 of 187

answer

Lot

Setback Side

Oegtg

14.Are

1 3.The

any be

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uses

High

building(s) on the

built

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proposed

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‘

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FOR

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(4)

VARIANCE

structure(s).

indicate:

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building(s)

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structure

APPLICATION c. P.13

1990,

skid/I70”PM“?

(2)

EACH

II:

land:

“

X“

for

FRONTENAC Act, R.S.O.

Page 105 of 187

the

answer

one

yes,

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please

plans provide

«x

for

“

on:

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DEMOLITION

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lane.

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building

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mark relate building.

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4t)

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Kael-

(2)

proposed

R.S.O.

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76‘

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from Mark

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Setback

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Dimensions

Line

from

Line

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from Line

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two

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Setback Side

Height

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Setback Rear

Lot

Structure residence)

Setback Front

Type (E.g.

15.lf

TOWNSHIP

Page 106 of 187

24.ls

drainage

sewage

or septic

and

the

existing

the

provided

to and

swales

subject operated

the

have

other

the

and

means?

a publicly or communal

well,

owned

continued:

land by individual

land

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EN D : INo 3N0

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VARIANCE

subject

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publicly communal

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development?

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the Will on the

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the

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proposed

details:

the

FRONTENAC R.S.O. Act.

RAISING

SOUTH Planning

usesof the Increase

the

provide

include

(3)

whether

length

Indicate water

.The

date

20.The

date

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plans

please

are

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If yes,

19.The

1 8.

TOWNSHIP

Page 107 of 187

Please

If known, please under Section

“Note:

all abutting

The distances property to importance

lines. be and

on—site

should

varied,

and abutting REQUIRED be prepared

Show

natural subject

river distance

all

the to ditches,

?le

ever

the

been

between or bridge

including

THE

number

applicant’s

w o o de d barns, signi of ?can as t

the subject buildings,

wetlands. the

P A G E.

and

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subject land crossing.

location

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

owners’ to be

THE

subject

the the railway

the

VARIANCE

application

the

under

MINOR

TOP

FOR amended

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

lands.

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subject

application

land

number

ARROW

following:

the

……

landmark

point

the

land has Variance).

give

APPLICATION c. P.13

1990,

subject

NORTH

(neighbours’)

the

give

subject (Minor

please

showing

dimensions

R.S.O.

land is Consent.

the Act

please

yes.

Act,

FRONTENAC

HAVE

reference lot line

and buildings.

MUST

yes.

Planning

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

location

whether

submitted

The location ofa township nearest

boundaries proposed

item

indicate the of

The and

must

Yes

SKETCH

The

SOUTH Planning

ENC question

THE

SKETCH

If the answer the application.

N/A

application.

answer

whether the subject Plan of Subdivision

Yes

indicate of a

If the the of

approval

TOWNSHIP

Page 108 of 187

Inset Map

331%. SOUTH FRONTENAC PL-ZNA-2024-0061 (SZEWERDA) 1oo MAPLE GROVE CRESCENT

104 MAPLE GROVE CRES

Legend

Subject Property Lake Trout Lake At Capacity

Lake Trout Lake Not at Capacity

Non-Lake Trout Lake At Capacity

////

Provincially Signi?cant Wetland Wetland Waterbody

100 MAPLE anllr

Wooded Area

furl-

I Township Boundary Road

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

Page 109 of 187

93 MAPLE GROVE CRES

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

Scale: 1:400 94 MAPLE GROVE CRES UTM Zone 18 NAD 83 Date: 2024—05-23

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code.

Road

Drawings must not be scaled.

N 88 d 19

Plans are copyrighted and any unlawful for use without company’s express and written permission.

‘W

135.42’

These plans form the basis for the permit issuance and any deviations from these plans and details including ventilation system, heating system, woodstove, fireplaces, decks, balconies and finish basements will require a revised drawing and clearance by the Building Department.

195’ +/

Outhous 4’x4’ e

58.0 7

0” E

Driv

DESIGNER INFORMATION I, Rod Stokes of Rod Stokes Consulting review and take responsibility for the design work, and am qualified in the appropriate categories as “Designer” under Division C Part 3 Section 3.2.4 of the Ontario Building Code.

ewa

y Wood De

N9 d 3

Part 25 Existing C

Signed:

Shed/ P 8’x14’ umphouse

Rod Stokes

ottage

ewa y

Rock ga

Wood D

rden /

eck

Retainin

ank

.79 '

90.16’

“w

Existing Condition Site Plan Scale 1/8”=1’-0”

228

‘+ /-

Bob’s Lake

N77 d 57 ’ 55

168

Rock ga rden /

Septic T

Retainin g

100’ +

Driv

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134

N12 d 35’ 30" W

Grove Maple

Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work.

4 3 2 1

No.

Issued for Permissions Application

May 9/24

issued for Planning Preconsultation

Apr 24/24

Revision/Issue

Date

Proposed New Cottage for Karl & Karen Szewerda 100 Maple Grove Crescent Bob’s Lake, Tichborne Twp of South Frontenac,

Existing Condition Site Plan

S-1 As noted

Page 110 of 187

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code. Drawings must not be scaled. Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work.

N 88 d 19’W

195’ +/-

135.42’

Outhouse 4’x4’

58.07’

Shed/ Pumphouse 8’x14’

Drivew ay

Signed:

Rod Stokes

/_ + ' 100

Rock garden / Retaining

Drivew ay

e k a L s ' Bob

Proposed Cottage

Rock garden / Retaining

90.16’ W ’ 30" 5 3 d N12

Septic Tank

Proposed Site Plan

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134

Wood Deck

Part 25

N9 d 30" E

Maple Grov e Road

Plans are copyrighted and any unlawful for use without company’s express and written permission.

168.7

N77d 5

9’

7’ 55"

6 5 4

No.

Issued for Permissions Application

May 9/24

issued for Planning Preconsultation

Apr 24/24

Revision/Issue

Date

Scale 1/8"=1’-0"

228’

+/-

Proposed New Cottage for Karl & Karen Szewerda 100 Maple Grove Crescent Bob’s Lake, Tichborne Twp of South Frontenac,

Proposed Site Plan

S-2 As noted

Page 111 of 187

Bedroom #1

Bedroom #2

Masonry Piers

Bedroom #3

Bath

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134

Living /Dining

Signed:

Kitchen

Rod Stokes

Masonry Piers

Enclosed Sunroom Masonry Wall

Open Deck

7 6

Open Deck

Cantilevered Deck Above

5 4 3

Existing Ground Floor Plan

Existing Foundation Plan

Scale 1/4’=1’-0"

issued for Planning Preconsultation

No.

Revision/Issue

Apr 24/24 Date

Proposed New Cottage for Karl & Karen Szewerda 100 Maple Grove Crescent Bob’s Lake, Tichborne Twp of South Frontenac,

Rock Lake

43’

Existing Condition Plans / Photos

A-1 As noted

Page 112 of 187

Open Deck

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code.

Drawings must not be scaled. Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work.

Tub

Tub A

Bedroom

Mechanical

Plans are copyrighted and any unlawful for use without company’s express and written permission.

Bedroom

Foyer

Bath

Loft

W D

DESIGNER INFORMATION

I, Rod Stokes of Rod Stokes Consulting review and take responsibility for the design work, and am qualified in the appropriate categories as “Designer” under Division C Part 3 Section 3.2.4 of the Ontario Building Code.

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134

Bedroom

Deck Above C

Kitchen

Up Dining

Recreation Room

Signed:

Living

Open to Below

Covered Deck

Rod Stokes

Open Deck

Roof

7 6 5 4 3 2

issued for Planning Preconsultation

Proposed Basement Plan Scale 1/4’=1’-0"

Proposed Ground Floor Plan Scale 1/4’=1’-0"

Proposed Loft Plan

No.

Apr 24/24

Revision/Issue

Date

Scale 1/4’=1’-0"

Proposed New Cottage for Karl & Karen Szewerda 100 Maple Grove Crescent Bob’s Lake, Tichborne Twp of South Frontenac,

Proposed Floor Plans

A-2 As noted

Page 113 of 187

General Notes: 12

These plans were designed in accordance with the requirements of the Ontario Building Code.

Loft

Bedroom

Plans are copyrighted and any unlawful for use without company’s express and written permission. These plans form the basis for the permit issuance and any deviations from these plans and details including ventilation system, heating system, woodstove, fireplaces, decks, balconies and finish basements will require a revised drawing and clearance by the Building Department.

Foyer

Bath

Living / Dining

Kitchen

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134 Signed:

Bedroom

Mechanical

Recreation Room

Bath

Cross Section A-A

Bedroom

Cross Section B-B

Scale 1/4’=1’-0"

Rod Stokes

6 5

Scale 1/4’=1’-0"

4 3 12 12

issued for Planning Preconsultation

No.

Living / Dining

Covered Deck

Open Deck

Covered Deck

Recreation Room

Open Deck

Revision/Issue

Date

Proposed New Cottage for Karl & Karen Szewerda 100 Maple Grove Crescent Bob’s Lake, Tichborne Twp of South Frontenac,

Proposed Sections/ Elevations

A-3 Page 114 of 187

Cross Section C-C Scale 1/4’=1’-0"

Apr 24/24

East LakeSide Elevation Scale 1/4’=1’-0"

As noted

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code.

Drawings must not be scaled.

Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work. Plans are copyrighted and any unlawful for use without company’s express and written permission. These plans form the basis for the permit issuance and any deviations from these plans and details including ventilation system, heating system, woodstove, fireplaces, decks, balconies and finish basements will require a revised drawing and clearance by the Building Department.

Top of Plate

Finish Loft Floor

DESIGNER INFORMATION

Top of plate

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134

Open Deck

Signed:

Finish Ground Floor

Rod Stokes

U/s Joists

West Elevation Scale 1/4’=1’-0"

Average Finish Grade

South Elevation Scale 1/4’=1’-0"

7 6 5 4 3 2 1

No.

Issued for Permissions Application

May 9/24

issued for Planning Preconsultation

Apr 24/24

Revision/Issue

Date

Open Deck

Average Finish Grade

Proposed New Cottage for Karl & Karen Szewerda 100 Maple Grove Crescent Bob’s Lake, Tichborne Twp of South Frontenac,

Elevations North Elevation Scale 1/4’=1’-0"

A-4 As noted

Page 115 of 187

a t D a t e : F i l e : R V

June 14, 2024 24-SFR-MVA (BEDFORD) PL-ZNA-2024-0061 Township of South Frontenac Committee of Adjustment P.O. Box 100 4432 George Street Sydenham, ON K0H 2T0 Contact: Attention:

Tom Fehr

Subject:

Karl Szewerda (Owner) & Rod Stokes (Agent) Application for Minor Variance – PL-ZNA-2024-0061 Concession 3 Lot 23 Former Township of Bedford, Now the Township of South Frontenac; Roll Number: 102902003400000000 Civic Address: 100 Maple Grove Crescent ———————————————————————————————————–Dear Mr. Fehr, The Rideau Valley Conservation Authority (RVCA) has reviewed the subject application within the context of:

Section 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act,
The Rideau Valley Conservation Authority O. Regulation 41/24 under Section 28 of the Conservation Authorities Act),
Tay River Subwatershed Report 2017 – Bobs Lake Catchment
The Mississippi-Rideau Source Protection Plan. THE PROPOSAL The Rideau Valley Conservation Authority understands the applicant is seeking permission to expand a non-conforming use under Section 45(2) of the Planning Act to enlarge a legal nonconforming dwelling and attached deck located within 30m of the highwater mark of Bobs Lake. The existing single storey dwelling has a ground floor area of 66.8sqm and an attached deck with an area of 35.8sqm. The ground floor area of the proposed dwelling will be 80.3sqm plus a 15.7sqm covered deck and 8sqm open deck. The gross floor area of the proposed dwelling includes a full basement and partial second storey and will be 192.7sqm. The overall footprint of development will be increasing from 102.7sqm to 104.2sqm. The height of the dwelling will be increasing from 5m to 8.9m. The proposed dwelling will maintain the existing 22.9m setback from the highwater mark of Bobs Lake. Page 1 of 3

Page 116 of 187

RVCA COMMENTS AND RECOMMENDATIONS Review Comments Provincial Policy Statement Regarding 3.1 of the PPS, there are no natural hazards that would preclude this application. Ontario Regulation 41/24 Any proposed alterations to watercourses, including but not limited to, culvert installation, bridge crossings, diverting, dredging, realigning, and stabilizing, requires the prior written permission of the RVCA in accordance with Ontario Regulation 41/24 “Prohibited Activities, Exemptions and Permits”. Mississippi Rideau Source Water Protection Plan Most of South Frontenac has been identified as a highly vulnerable aquifer as stated in the catchment report and indicated in the Mississippi-Rideau Source Water Protection Plan. 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 groundwater supplies. For this reason, care should be taken to avoid land use 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 wells are located upgradient of septic sewage disposal systems,

•

ensuring that wells and septic systems are properly maintained,

•

avoiding use of pesticides, herbicides and fertilizers.

Discussion & Recommendations From a natural hazard perspective, the proposed development is not inappropriate for the development of the subject property and will not result in undue adverse impacts on the surrounding properties. The proposed new dwelling will not encroach any closer to Bobs Lake and will maintain the 22.9m existing setback. Should the Committee support the proposed expansion of a non-conforming use, our office would have the following recommendations for conditions of any implementing agreement or notes to be included in the Committee’s notice of decision: We recommend the following best management practices for consideration should this application be approved. These include: •

Sediment and erosion controls between the construction area and the shoreline are to be installed prior to initiation of the work, to remain in place until the site has been allowed to regenerate and vegetation has been re-established to the satisfaction of the Township/Chief Building Official. Page 2 of 3

Page 117 of 187

•

Roof runoff shall be collected and directed on-site and away from the services, into lowlying natural areas to provide the greatest infiltration of surface runoff. Runoff should not outlet directly towards Bobs Lake. Other Low Impact Development (LID) techniques should be used to deal with the runoff from the hardened building surfaces (roofs, walkways and decks) and driveways.

•

Maintenance of the waterfront vegetative buffer with native woody plant cover is important. The woody vegetation cover will continue to stabilize the shore and slopes and help infiltrate stormwater runoff. As indicated in our site visit, the shoreline will remain undisturbed. If you would like more information on planting shorelines, please contact RVCA Shoreline Naturalization Program staff (Meaghan McDonald or Brandon Holden) at 1-800-267-3504 or 613-692-3571.

•

For any proposed future shoreline alterations, an RVCA section 28 permit may be required. Please contact RVCA if you plan any work along the shoreline.

Conclusion In conclusion, the RVCA does not object to the approval of the permission to expand a nonconforming use as presented. Thank you for the opportunity to comment. Please do not hesitate to contact the undersigned should you have any questions. Please advise the RVCA on the committee’s decision regarding this application or of any changes in its status.

Yours truly,

Michael Yee Environmental Planner & Biologist, RVCA 613-692-3571 X 1176

Cc:

Karl Szewerda (Owner) Rod Stokes (Agent) Emma Bennett, Meaghan McDonald & Brandon Holden - RVCA

Page 3 of 3

Page 118 of 187

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

July 11, 2024

Subject:

Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0061, Szewerda (Stokes), 100 Maple Grove Crescent, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Background Official Plan Designation: Rural Zoning: RLSW Proposal The applicant seeks to request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck located within 30m of the highwater mark of Bobs Lake. The existing single storey dwelling has a ground floor area of 66.8sqm and an attached deck with an area of 35.8sqm. The ground floor area of the proposed dwelling will be 80.3sqm plus a 15.7sqm covered deck and 8sqm open deck. The gross floor area of the proposed dwelling includes a full basement and partial second storey and will be 192.7sqm. The overall footprint of development will be increasing from 102.7sqm to 104.2sqm. The height of the dwelling will be increasing from 5m to 8.9m. The proposed dwelling will maintain the existing 22.9m setback from the highwater mark of Bobs Lake. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is small, having a lot area of 0.16ha with approximately 30m of frontage on Bobs Lake and is accessed from Maple Grove Crescent. The property has a depth of 64m. The property contains an existing dwelling with an attached deck and several small accessory structures. The property slopes gradually down from the rear of the www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 119 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0061, Szewerda (Stokes), 100 Maple Grove Crescent, Storrington District

property towards the water and has mature tree cover. The property is located in an area of similar waterfront residential development. Department and Agency Comments The Rideau Valley Conservation Authority provided comments stating they have no objection to approval of the application. They recommended that appropriate sediment and erosion controls are incorporated into construction plans, that roof runoff is collected and directed away from the lake, and the maintenance and enhancement of a healthy buffer of native vegetation between the development and the lake. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 22.9 metres from the highwater mark. 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 appropriate development of the subject property; and

Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.

The proposed dwelling will maintain the same setback from the water as the existing dwelling. The building location minimizes the amount of site disturbance and the amount of vegetation removal that would be required as proposed dwelling/deck footprint is only slightly larger (1.4sqm) than the existing dwelling/deck. This results in lot coverage being slightly increased from 6.4% to 6.5% for the primary dwelling. The existing dwelling is a one storey structure set on a pier foundation. The expanded dwellings will be adding a walkout basement and a partial second storey via a loft. The www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 120 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0061, Szewerda (Stokes), 100 Maple Grove Crescent, Storrington District

building height will slightly increase from 5 metres to 8.9 metres as a result of the full basement and the partial second storey. This is within the maximum permitted height of the RLSW zone. The increase in height should not result in any negative visual impacts as the height and massing of the proposed dwelling is typical for waterfront development in the area. Maintaining existing vegetation along the shoreline will assist in screening the development from the water and adjacent properties. 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-2024-0061 for 100 Maple Grove Crescent, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The replacement dwelling is permitted to have a 81 square metre ground floor area plus a 16 square metres covered deck and a 8 square metres open deck. The gross floor area is permitted to be 195 square metres. The replacement dwelling is permitted to have a maximum building height of 9 metres, and to maintain the highwater mark setback of the existing dwelling. The replacement dwelling and attached deck are to be consistent with the submitted plans that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 121 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0061, Szewerda (Stokes), 100 Maple Grove Crescent, Storrington District

b. Roof runoff will be directed away from the 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. c. That existing natural vegetation within 30 metres of the shoreline must be maintained. 3. A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. Report Prepared By: Tom Fehr, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 122 of 187

Page 123 of 187

Q‘s

intent intent

appropriate

Zoning

is a Section by—law

permit

that a Fee Authority the applicable

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Authority

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this with in cash,

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Township to when submitting Authority, are to

sketch, by debit

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1990, to alter

appointed

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provided

persons Act R.S.Ot s. 45(2)

use of Official Zoning

or the

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2023

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June,

application

the

Class

be provided for (where applicable)

Frontenac.

below

copy together

South Frontenac Only WITH Performance in combination with than a Class A system

Region

of Variance Variance Variance other

It is required Conservation payable to

without

Type:

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OR PERMISSION

TOWNSHIP

APPLICATION

may grant permission to enlarge building land, or structure, on prohibited by the by-Iaw.

Requirements

any purpose

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Cataraqui

Township Minor Minor Minor system

Agplication 1—3 Variances Variances 4+ After building

vary

zoning

for the the general the general in nature

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It is required that one (1) Committee of Adjustment, accordance with the chart to the Township of South

for

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Please additional

READ THIS

are

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ITEM

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FRONTENAC Act, R.S.O.

for consultation and fees prior

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this application construction.

APPLICATION 1990, c. P.13 as

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only;

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agencies

VARIA NCE

Personal Information

information herein is requested under the required Planning Act, This information be will used by the Committee of Adjustment/Land Division of purpose reviewing the above referenced application, and may be made boards, Commissions, Agencies Authorities, and Persons having an interest regarding questions the collection of this information should be directed Treasurer of the Committee of Adjustment (P.O. Box Sydenham. 100, Ont, 376-3027 ext.2224).

Personal

Collection

Each shall applicant a sketch provide showing the dimensions the of subje abutting lands as outlined Question in 29 of ct sh the application. The sketch dimensioned and scaled either in Imperial ou or Metric This measures. sketch, the Application ld is the Form, basis for the analysis of the Minor Variance Committee of Adjustment. It is strongly recommended that the applicant sp time to carefully and thoroughly assemble the data and transfer the data en d important that the sketch be drawn with accurate dimensions and mea application which does not include the above information may required not sureb ment regard, the applicant may wish to secure the e assistance of a who person s.is drafting of such sketches. guide A to answering the application questions

PLEASE

Note: These fees permit applications

TOWNSHIP

Page 125 of 187

Page 126 of 187

What

Please (l.e.

the

residence.

indicate

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to used nearest

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land:

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relief

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of)

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answer

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indicate:

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structure(s),

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Page 128 of 187

answer

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story)

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your

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please

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structure

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building

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is on property waterfront, setback from the high water this required in question total size of the completed

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the

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Page 129 of 187

length

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operated privy,

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body, ‘52
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drainage

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provided

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fixtures

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subject

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continued:

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publicly

land individual

land

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owner:

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have

structure?

constructed

individual

land

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were

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to and

the subject operated

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system?

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development?

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structures

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and

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existing

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or septic acquired

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plumbing

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space

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buildings

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existing

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that

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the the

whether sewage sewage system, other means:

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system,

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the

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increase

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uses

provide

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the

include

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the

water

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date

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are

your

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Page 130 of 187

**Note:

*29.

location of township location

The nearest

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The distances property to importance and

yes,

HAVE

all

to on—site

should

varied.

and abutting REQUIRED be prepared

river distance

subject

file

a n d

bar ofns,s i

applicant’s

the subject buildings, wetlands,

subject l crossing. a n d

the

the railway

location

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

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subject

the

VARIAN CE

application

the

TOP

including

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the

been

between bridge or

land

number

under

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

lands.

i.e. distance such as a

subject

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application

ever

number

ARROW

following:

the

natural

(neighbours’) all the

the

P.13

land has Variance).

give

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1990,

subject

NORTH

the

…… landmark point

ditches.

Show

abutting

reference lot line

showing

give

subject (Minor

please

land is Consent.

the Act

please

yes,

FRONTENAC R.S.O. Act,

and dimensions buildings.

MUST

submitted

whether Planning

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

boundaries proposed

The and

item

SOUTH

Planning

?No

indicate the of

question

SKETCH

must

the subject Subdivision

THE

SKETCH

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please Section

answer If the the application.

under

Yes

whether Plan of

answer to application.

known,

If the of the

indicate

Please

approval

TOWNSHIP

Page 131 of 187

Page 132 of 187

appoint address

someone and phone to

appear the full

Completing this in mailing

—

address,

section,

Minor

P.13

your behalf should

the

APPLICATION

1990,

on act number

R.S.O.

FOR

the here

live with

arat post ale

sep

VARIAN CE

u r

variance owner’ All

Form

MINOR

they

complete

during appear

even if

amended

Variance

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

shared

roads (not

that

can

after

meet add further

not to

the Township: but lanes

you

a variance developing

why

driveways, others).

looked private

words, seeking

with

are

other In you are the water, embankment.

that

private provide

buil din g req uir an ed the

d to o than within

this

the to from

asking rather m structure accessory are

and

completed. property

25 of a an

you

on your staff.

must

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

zoning planning

question

—

this

the with

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

parts

You be aware not may for in pre—consultation

All

zoning: you come

acres:

Current when

area,

depth,

of the Subject Land: District: The Districts are the same as the former Townships. If you the roll number (the long number beginning with 1029) on your bill. tax 020 or 010, district is 030, your Bedford; numbers are if the 040— Loughborough; the numbers are if 060 or your 070, district is050, Storrin gton; are numbers district 080, is your Portland. Concession and Lot Numbers: are if you not sure, check bill tax your Street Number: Your civic address civic if a number has been not as si blank. space go Name of Road/Street: This whether or question applies not are you nn a road. public e Reference Plan No: has been If your property surveyed, it will have a d, one or more that on parts plan. If your has been not surveyed, property blank. Roll No: This is the number beginning with ‘1029’ which appears on y o take time look it up before to submitting the application.

must

Act,

FRONTENAC

Frontage,

Description

name, .

wish

Guide

SOUTH Planning

owners should

a uthorization

may You person’s

names of all the address(es)

The and

TOWNSHIP

Page 133 of 187

Parking

Description structure

If there “yes".

e.g.

Docking:

are

structures: “yes" —

the is

Date

Length years,

Water their

20)Date

18)Uses would space.

of 18

it.

in a

most lake.

uses:

cases

are

the

not

take

e.g.

are

answer

example,

you

—

answer

words,

walls

did

For

Please with

other

When

buildings: months?

existing

supply: from

water

acquired:

existing

land

Structure: under

Development: include anything

Raising

basement

must

build

you

the

sections please

land

only

MINOR

property

can

all complete your dwelling,

permit

from

dwelling,

new

screened

part

proposing

will

has

sure.

the

private

land

provide

possession

each

you

raise

the

your

the

well,

been

but

used

best

add

must

some

for

resi den invol ce, ved. in

depart ment.

increase An involve an

building

co nst ruc t

be deck,

property, systems.

waterfront

residential

estimate.

property?

this question. would porch

the

this descri be of

now,

access

VARIAN CE

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

and the

on septic development

ANYTHING garages,

height cannot to the Committee permission to it clear that there

decks,

ALL proposed addition to

additions.

planning

demol on All requires a proposed add ion or increase of existing walls. is not If this made clear may find although that, are granted you actually do it because have not made you

You deck

structures

FOR amended

recreational

answer to this be the same question will currently and you are planning vacant. section 10 would in be “vacant recreational be “residential”

P.13

vacant

relevant

APPLICATION

1990,

only

business,

Demoli instances,

ion:

buildings

retail

R.S.O.

structures: there is

are includes

If you

Act,

FRONTENAC

question

of new construction: proposing to construct columns. in separate

This

Generally, the land described 13 would

example, use to be section in

Uses:

and

ANY

residential.

This

SOUTH Planning

of buildings on your property. residence.

Uses:

and

you

are information

Description

Proposed question

Proposed but for if, then the described

1 3)

the

Buildings: question

from

Existing

water.

TOWNSHIP

Page 134 of 187

Drainage:

most

for

consent

constructed

system, to

but

th e

ma y with

(severance)

deal

there

If there the file Has there property, the zoning

can

for provide

Must be signed the application, sign must the

any

granted

or subdivision information)

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

variance be aware a new

severance this

a minor probably are If you

help

application

ever been you will by—law.

is a current number. (Staff

of oaths front of signed

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

application

been

sewage

VARIAN CE

have

private

MINOR

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

that

FOR amended

Minor variance: time owner the of for a variance to aware of this. you

currently

will

there

ditches

answer

APPLICATION c. P.13 1990,

If yes: indicate

speci?c

the

FRONTENAC Act, RSUO

consent:

etc?

there

cases

SOUTH

Planning

for Application for the property?

Are drainage,

natural

Septic:

TOWNSHIP

Inset Map

331%. SOUTH FRONTENAC

DESERT

LAKE RD

PL-ZNA-2024-0064 (FRASER) 3535 DESERT LAKE ROAD Legend

Subject Property Lake Trout Lake At Capacity

Lake Trout Lake Not at Capacity

Non-Lake Trout Lake At Capacity

//// 3535 DESERT LAKE RD

Provincially Signi?cant Wetland Wetland Waterbody Wooded Area I Township Boundary Road

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

3541 DESERT LAKE RD

Page 135 of 187

3570 DESERT LAKE RD

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

Scale: 1:800

UTM Zone 18 NAD 83

' '

Date: 2024—05-29

Page 136 of 187

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

Evan Bancroft June 19, 2024 4:09 PM planning Troy Dunlop RE: Public Services Review - Minor Variance Application PL-ZNA-2024-0064

Categories:

CityView Planning Attachment

Hello Planning, Due to the nature of this applica on (outside of road allowance) Public Services has no comment. Best Regards, Evan Evan Bancro , C.Tech. Opera ons Technologist Public Services Township of South Frontenac p: +613-376-3027 e: ebancro @southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

Please consider the environment before prin ng this email —–Original Message—-From: planning planning@southfrontenac.net 1

Page 137 of 187

Sent: Wednesday, June 19, 2024 10:51 AM To: Evan Bancro <ebancro @southfrontenac.net> Subject: Public Services Review - Minor Variance Applica on PL-ZNA-2024-0064 Hey Evan, Unsure if Public Services Staﬀ would need to provide comment on this applica on, but I ﬁgured I’d circulate it to you anyway: Applica on number: PLZNA20240064 Roll Number: 102908005023760 Applicant/Owner: FRASER RICHARD JOHN Proposal: The following applica on seeks relief from Zoning By-law 2003-75 for the purpose of permi ng a detached garage on the subject property. The applicant is proposing to build a 24 x 20 (480sq ) detached garage. The garage would be setback 10m from the front lot line, whereas the Zoning By-law requires 20m. Loca on (civic address): 3535 DESERT LAKE ROAD Legal Descrip on: PORTLAND CON 14 PT LOT 2 RP;13R20215 PART 1 Staﬀ contact: Noah Perron Kindly provide your comments on this applica on to planning@southfrontenac.net by July 3, 2024. Regards, Noah Perron Planner Development Services Department Township of South Frontenac p: +613-376-3027 e: nperron@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

Please consider the environment before prin ng this email

Page 138 of 187

Page 139 of 187

Q U I NT E C O NS ER V AT I O N - P L AN N I NG A C T R EV I EW QC File No. PL0176-2024 Municipality:

Township of South Frontenac

Landowner:

Richard and Gina Fraser

Location:

3535 Desert Lake Road

Roll #:

10290800502376000000

Application Description:

Minor Variance Appl’n File No. PL-ZNA2024-0064

Regulated Features:

Watercourse/drainage feature and unnamed waterbody/wetland feature

Part Lot 2, Concession 14

Portland

Relief from Township of South Frontenac Zoning By-law 2003-75 for the purpose of permitting a detached garage on the subject property. The applicant is proposing to build a 24 foot by 20 foot (480 square foot) detached garage. The garage would be setback 10 metres from the front lot line, whereas the Zoning By-law requires a 20 metres setback from the front lot line.

Natural Hazard policies of the Provincial Policy Statement and Quinte Conservation Planning Act Review policy Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under Section 3.1 of the Provincial Policy Statement (PPS) (2020). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches, and unstable bedrock. Generally, the policies of the PPS direct development to areas outside of hazard lands. Staff are satisfied that the application as presented is consistent with Section 3.1 of the PPS, as the proposed development will occur beyond hazard lands.

Ontario Regulation #41/24 (Regulation of Prohibited Activities, Exemptions and Permits) The subject lands lie within the regulated area of a watercourse/drainage feature located along the northeast property line, and an unnamed waterbody/wetland feature (by virtue of Ontario Regulation #41/24 – Regulation of Prohibited Activities, Exemptions and Permits). The proposed detached garage falls beyond Quinte Conservation’s regulated area, therefore a permit from this office will not be required prior to construction. Comments:

For any future development activity (including construction / filling/ excavation/ site grading/ change of use) within 45 metres of the seasonal high-water mark of the watercourse/drainage feature, and within 45 metres of the waterbody/wetland feature will require a permit from this office.

Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable as the subject property lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required.

Other Potential Township Studies As per Sections 21.1.1 and 21.1.2 of Ontario Regulation 596/22 (amendments made under the Conservation Authorities Act) as a result of the More Homes Built Faster Act, 2022, conservation authorities are no longer able to review or provide comment on Natural Heritage and Hydrogeology, nor is this office able to peer-review technical reports related to these maters. If Page 1 of 2

Page 140 of 187

the Township requests a hydrogeological assessment or Environmental Impact Study (EIS) it should be peer-reviewed by a qualified consultant. Final Comments:

Quinte Conservation has no objection to the minor variance application as presented. A permit will not be required from Quinte Conservation for construction of the proposed detached garage.

June 25, 2024 Date

Sam Carney Planning Technician

Page 2 of 2

Page 141 of 187

To:

Committee of Adjustment

From:

Development Services Department

Date of Meeting:

July 11, 2024

Subject:

Minor Variance Application (S. 45(1) of Planning Act) PL-ZNA-2024-0064, Fraser, 3535 Desert Lake Road, Portland District

Summary This report recommends that the Committee of Adjustment grant approval of the subject application for zoning relief for a detached garage, subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act. Background Official Plan Designation: Rural Zoning: Rural Proposal The applicant is proposing to construct a 24ft x 20ft (480sqft) detached garage on the subject property. The proposed detached garage is to be located 10m from the front lot line. Zoning Relief Requested Section 7.3.2 – to permit a detached garage to be setback a minimum of 10 metres from the front lot line, whereas a minimum 20 metres setback is required for all buildings and structures. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is approximately 2 acres in area with frontage on the south side of Desert Lake Road. Existing development consists of a single detached dwelling with attached garage and a detached storage structure. The developed portion of the property, near the existing dwelling, is mostly cleared of trees. Further, portions of the frontage (specifically the front corners) and the area to the rear of the dwelling are well vegetated. The abutting property to the south contains a large wetland/waterbody feature. A small portion of this feature encroaches into the southernmost corner of the subject property. Topography varies www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 142 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0064

significantly across the property’s extent. For example, the developed area is mostly flat, but has a steep drop off to the north of the existing dwelling. Additionally, there is a large granite outcropping to the immediate rear of the location of the proposed detached garage. The surrounding area consists of similar style rural residential development. Department and Agency Comments Quinte Conservation provide comment on June 25, 2024. QC Staff have no objection to the approval of the application based on consideration for natural hazard and regulatory policies. Further, Staff note that a development permit from Quinte Conservation will not be required for the construction of the proposed detached garage. Public Services provided comment in an email correspondence dated June 19, 2024. Public Services staff have no comment on the application as the proposed detached garage would be located outside of the road allowance. Further, Public Services staff confirmed that the two entrances on the subject property are valid and can continue to be used for access. Building Services did not provide comment on the application due to the nature of the proposal. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would facilitate the construction of a detached garage on lands 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 of the Township. The proposed detached garage is accessory to the permitted residential use of the property. It is the opinion of Township Planning Staff that the proposed variance maintains the general intent and purpose of the Official Plan, specifically the policies related to rural residential development. Does the variance maintain the general intent and purpose of the Zoning By-law? An accessory structure is a permitted use within the RU zone. The proposed detached garage complies with all requirements of the Zoning By-law except the minimum setback from the front lot line.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 143 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0064

Section 7.3.2 of the Zoning by-law requires all structures to be setback a minimum of 20m from the front lot line. The purpose of this setback is to avoid an overdeveloped appearance near roadways and to ensure the rural character of the area is maintained. The subject property does feature physical constraints which limit the ability to build the proposed detached garage in a compliant location. For example, it would not be possible to build in immediate proximity of the existing dwelling due to a steep slope to north, the location of the septic system and well to the south. The applicant originally intended to locate the structure to the immediate rear of the proposed location, in compliance with the 20 metre front yard setback requirement. However, it was determined that a granite outcropping existed in this location and would require a large amount of site alteration (i.e. blasting) to accommodate development. Moving the structure further south would result in encroachment within 30 metres of the wetland/waterbody feature. Moving the structure north, as is proposed, would result in encroachment within 20m of the front lot line. A reduction in front yard setback was ultimately determined to be the most appropriate. In this location, the structure would be somewhat screened from the roadway by existing tree and vegetation cover. Further, a reduction in setback to 10m is unlikely to result in negative impacts the surrounding area or its rural character. 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 variance is desirable for the appropriate development or use of the land. The proposed location of the detached garage will minimize the amount of site alteration required to build the structure. Further, the proposed detached garage will be partially screened from Desert Lake Road by existing tree and vegetation coverage. Is the variance minor? The requested variance is minor in nature as it maintains the general intent and purpose of the Official Plan and Zoning By-law. Further, the requested variance is desirable for the appropriate development of the lands. Setback 10 metres from the front lot line, there would be enough depth for a vehicle to safely stop or park on the driveway between the garage and the road. Finally, the proposed detached garage is not anticipated to result in negative impacts on surrounding properties or the road. 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 www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 144 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0064

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0064 for 3535 Desert Lake Road, subject to the following conditions.

The minor variance is for a detached garage. The detached garage is permitted to establish a minimum 10 metre front yard. The location of the detached garage should be consistent with the sketch submitted with the application.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2024-0064 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 145 of 187

Page 146 of 187

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Page 148 of 187

Page 149 of 187

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Page 152 of 187

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Page 154 of 187

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Page 155 of 187

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Page 156 of 187

Inset Map

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6118 REVELLRD

FRONTENAC PL-ZNA-2024-0072 (BURT) (GOODBERRY) 6079 SHORT STREET Legend

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Subject Property Proposed New Building Lake Trout Lake At Capacity

Lake Trout Lake Not at Capacity

Non-Lake Trout Lake At Capacity

V/A Provincially Signi?cant Wetland 6079 SHORT ST

Wetland Waterbody

LEI§EI

Wooded Area 6074 BANK ST

I Township Boundary Road

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

6096 BANK ST

Page 157 of 187

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Page 158 of 187

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Page 162 of 187

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

July 11, 2024

Subject:

Minor Variance Application (S. 45(1) of Planning Act) PL-ZNA-2024-0072, Burt (Goodberry), 6079 Short Street, District of Portland

Summary This report recommends that the Committee of Adjustment grant approval of the subject application for zoning relief for the gross floor area of an additional dwelling unit, subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act. Background Official Plan Designation: Settlement Area Zoning: UR1 Proposal The Owner proposes to construct an additional dwelling unit as an addition to the existing single detached dwelling on the property. The proposed addition would be a two storey addition with a garage and shared laundry area on the lower level and the additional dwelling unit on the upper level. The Township Zoning By-law requires that additional dwelling units shall be less than or equal to the gross floor area of the principal dwelling. The gross floor area of the existing dwelling is 69sqm and the gross floor area of the proposed additional dwelling unit is 148sqm. A minor variance is requested to permit the additional dwelling unit to exceed the gross floor area of the existing principal dwelling. It is noted that the gross floor area of the proposed garage is not included in the gross floor area for the existing dwelling. Zoning Relief Requested Section 5.49.6.5 – to permit the maximum gross floor area of an additional dwelling unit to be 148sqm which exceeds the 69sqm gross floor area of the principal dwelling on the subject lands.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 163 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0072

Related Applications The lands are not currently subject to any additional applications under the Planning Act. The minor variance application would only permit an additional dwelling unit (ADU) on the property to exceed the gross floor area of the principal dwelling - it does not permit an ADU to the constructed on the property. ADUs are subject to a holding overlay which can only be lifted once the owner demonstrates that the lot has an adequate supply of potable water to the satisfaction of the Township. The owner will be required to submit an application to lift the holding overlay (“h-lift”) on the property to permit an ADU to be on the subject property. Property Description The subject property is a residential property located within the settlement area of Verona. The lot area is 0.24ha and the lot frontage is minimal at approximately 7m as the property is located at the end of Short Street. Short Street is a dead-end street and does not have the typical turnaround that is present in most cul-de-sacs. The property is developed with a small single detached dwelling and some small sheds. The property is primarily manicured lawn and is located within a residential area with other similar residential uses. Department and Agency Comments The application was circulated to Public Services who did not note any concerns with the application. They noted that winter operations currently turn around on this property in the location of the proposed addition when plowing Short Street. They advised that the addition would not impact winter maintenance as there are other options available to maintain Short Street including piling snow to the right of the entrance to the property or plowing the snow out to Bank Street. 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 proposed variance maintains the general intent and purpose of the Official Plan for ADUs. The Township Official Plan permits ADUs on lands where a single detached dwelling, semidetached dwelling, or townhouse is the principal use permitted in the Agricultural, Settlement Area and Rural designations. The property contains a single detached dwelling and is designated Settlement Area, therefore the property is eligible for an ADU, subject to several criteria being demonstrated. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 164 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0072

Section 6.28 of the Official Plan outlines a number of criteria that must be demonstrated in order to permit an ADU. a. It is demonstrated that the lot has an adequate supply of potable water and sufficient land area for the required sewage system to the satisfaction of the Township; The Township has established a Holding Overlay in the Zoning By-law identified as “Additional Dwelling Unit Holding Overlay – Water Supply/Water Quality”. The Holding Overlay applies to the development of one or more additional dwelling units. Prior to the removal of any lot from a Holding Overlay and the issuance of a building permit for an additional dwelling unit, the condition that must be satisfied that the lot has an adequate supply of potable water for the ADU in accordance with the Municipality’s Standard for Hydrogeological Assessment. The subject minor variance application pertains only to the size of the proposed ADU relative to the size of the principal dwelling on the property. A separate h-lift application will be required to clear the condition pertaining to the demonstration of adequate supply of potable water. b. The additional dwelling unit is located within the principal dwelling unit or a detached accessory structure; The proposed ADU will be located in an new addition that is to be attached to the principal dwelling. c. The additional dwelling unit is designed and located in such a manner to avoid adverse impacts on the residential character of the property and the surrounding neighbourhood; The proposed ADU is located in an area that complies with all applicable setback provisions. An existing buffer of trees separates the ADU from the abutting property to the south. The ADU and associated addition is of a size and scale that is similar to dwellings in the surrounding area. d. A detached additional dwelling unit shall be located in proximity to the principal dwelling unit; This policy does not apply to the proposed ADU as it is located in an addition. e. Parking for the additional dwelling unit is provided in accordance with the provisions of the Zoning By-law; There is ample parking area on the property to accommodate the additional parking spaces required for the ADU. f. The additional dwelling unit is addressed in accordance with the Township’s civic addressing by-law; Addressing for the ADU would occur at the building permit stage. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 165 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0072

g. The lot has direct access from a year-round maintained publicly owned road, or a private lane within an approved plan of condominium, or a private road that has been constructed to Township standards and that is maintained year-round. For a private lane, the Township will require documentation demonstrating that year-round maintenance is provided; and The property is located on Short Street which is a Township road that is maintained year round. h. The lands are not located in a floodplain; The property is not located within the flooding hazard. The proposed ADU is larger than the principal dwelling, however it meets all the criteria listed in the Official Plan for permitting an ADU with the exception of demonstrating a water supply which will be addressed through an h-lift application. The application maintains the general intent and purpose of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed ADU is a permitted use in the UR1 zone because it is associated with a single detached dwelling. The Township Zoning By-law has policies in Section 5.49 that regulate ADUs and implement Section 6.28 of the Official Plan. Section 5.49.4 requires a demonstration of an adequate supply of potable water for an ADU. This criteria will be reviewed through an h-lift application and is outside the scope of the subject minor variance. The proposed ADU will comply with all other requirements of Section 5.49, except for Section 5.49.6.5 which states that the maximum gross floor area of the ADU will not exceed the gross floor area of the principal dwelling. The intent of this provision is to limit the size of ADUs in situations where a property already contains a large principal dwelling so that an even larger ADU could not then also be constructed on the property. The proposed ADU is 148sqm and the existing single detached dwelling is 69sqm. The existing single detached dwelling on the property is small and is less than the 89sqm minimum gross floor area for new single detached dwellings in the UR1 zone. The relief is required primarily due to the small size of the existing single detached dwelling, not because the ADU itself is large. The footprint of the enlarged structure will be 190sqm, which is similar to other dwelling sizes in the surrounding area. The resulting lot coverage would be 7.9% which complies with the maximum permitted lot coverage of 30% for the UR1 zone. The location of the ADU addition will comply with all setback requirements of the UR1 zone. With the recommended conditions the proposed variance maintains the general intent and purpose of the Zoning By-law.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 166 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0072

Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The structure will be located in an appropriate and practical area where there are no impacts anticipated on the subject or abutting properties. The size of the proposed ADU is appropriate for the property and the surrounding area. It is a goal of the Township to promote a greater range of housing types. The proposed ADU aligns with this Township objective. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. It is not anticipated to impact the existing or planned functionality of the property and adjacent properties. Public Services has confirmed winter maintenance will not be impacted. Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0072 for 6079 Short Street, subject to the following conditions.

The minor variance is for an additional dwelling unit (ADU). The ADU is permitted to have a maximum gross floor area of 148sqm. The location of the ADU on the property must be consistent with the application sketch provided with the application.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2024-0072 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Tom Fehr, Planner www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 167 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0072

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

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 168 of 187

Page 169 of 187

Page 170 of 187

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What are the existing uses of the subject land?

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cess to the subject property is by water only, please indicate the parking and docking l facilities used and the approximate distance of these facilities from the subject land or to and the nearest p

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Name of Road/Lane:

OR a privately maintained road?

D Yes

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Please indicate whether there are any EXISTING buildings or structures on the subject land.

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The reason why the proposed use cannot comply with the provisions of the

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Does the subject property front on a municipally maintained road?

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

Area:

Frontage (on road/lane):

The current zoning Ofthe subject land:

Depth:

Frontage (on water):

£2lg . 00 £20 7 M

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

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

Page 171 of 187

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D No

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

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13.The proposed uses of the subject land:

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Dimensions of FloorArea

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

Height of Building

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indicate:

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(E.g. residence)

Type of Structure

If the answer to item 11 is yes, for EACH building or structure

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

Page 172 of 187

(2)

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Do your plans include any DEMOLITION of existing structures?

I] Yes

MNo

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.

(If applicable)

”Emig’l’i’éikZO‘iL/H1% V1

Outside Dimensions of Building/Structure

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

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Type of Structure (E.g. residence)

Ifthe answer to item 14 is yes, for each proposed addition, building or structure indicate:

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

Page 173 of 187

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

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

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

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

Qésloemm.

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

l‘i88

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

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gtNo

[1 No

? Yes

Increase in living space

(0) D Yes

NNo

D Yes

Increase in plumbing fixtures

(b)

MNO

Increase in number of bedrooms 1:] Yes

D Yes

(a)

What are the uses of the proposed development?

If yes, please provide details:

Do your plans include the RAISING of an existing structure?

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

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

Page 174 of 187

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

p(No

**Note: **

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

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

The location of all abutting (neighbours’) lands.

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

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

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

A SKETCH must be submitted showing the following:

D Yes

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

KNO

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

D Yes

25.Please

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

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

Page 175 of 187

Inset Map

SOUTH FRONTENAC PL-ZNA-2024-0074 (FRANCHE)

1112 OLD MINE LANE 1114 OLD MINE LANE

OLD MINE LANE

Legend

Subject Property

V/A Provincially Significant Wetland Wetland

Wooded Area Lake Trout Lake At Capacity

Lake Trout Lake Not at Capacity

1112 OLD MINE LANE

Non-Lake Trout Lake At Capacity

Waterbody 1093 OLD MINE LANE

2’ Township Boundary Road

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

Page 176 of 187

Scale: 1:700 10

UTM Zone 18 NAD 83 Date: 2024-06-25

Page 177 of 187

Q U I NT E C O NS ER V AT I O N - P L AN N I NG A C T R EV I EW QC File No. PL0186-2024 Municipality:

Township of South Frontenac

Landowner:

Paula and Gilles Franche

Location:

1112 Old Mine Lane

Roll #:

10290400500281300000

Application Description:

Minor Variance Appl’n File No. PL-ZNA2024-0074

Regulated Feature:

Sigsworth Lake

Part Lot 2, Concession 13

Loughborough

Requesting permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck located within 30 metres of the seasonal high-water mark of Sigsworth Lake. The proposed sunroom addition will be 26.8 square metres in size, and the proposed deck will be extended by 6.8 square metres on the waterside of the proposed sunroom addition. It is understood the proposed sunroom addition will not encroach any closer to the lake than the existing cottage. The deck will also not encroach closer to the lake, with the exception of proposed stairs on the south side of the deck addition.

Ontario Regulation #41/24 (Regulation of Prohibited Activities, Exemptions and Permits) The subject lands lie within the regulated area of the Sigsworth Lake (by virtue of Ontario Regulation #41/24 – Regulation of Prohibited Activities, Exemptions and Permits). Please note that the owners will need to apply to the Conservation Authority for a permit prior to development activity (including construction / filling/ excavation/ site grading/ change of use) within 45 metres of the top of bank adjacent to Sigsworth Lake. The proposed sunroom and deck/stairway extension will require a permit from Quinte Conservation prior to construction. Comments:

These planning comments do not constitute permission to develop within a Quinte Conservation regulated area. The permitting process is a separate process from the plan review process, and a separate fee will be applied to future permit application(s) to this office.

Page 178 of 187

Hydrogeology, nor is this office able to peer-review technical reports related to these maters. If the Township requests a hydrogeological assessment or Environmental Impact Study (EIS) it should be peer-reviewed by a qualified consultant. Final Comments:

Quinte Conservation has no objection to the minor variance application as presented. The proposed sunroom and deck/stairway extension will require a permit from Quinte Conservation prior to construction.

July 8, 2024 Date

Sam Carney Planning Technician And: Catherine Sinclair, Regulations Officer

Page 2 of 2

Page 179 of 187

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

July 11, 2024

Subject:

Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0074, Franche, 1112 Old Mine Lane, Loughborough District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Background Official Plan Designation: Rural Zoning: RW Proposal To request permission under Section 45(2) of the Planning Act to enlarge a legal nonconforming dwelling and attached deck located within 30m of the highwater mark of Sigsworth Lake. The existing dwelling has a ground floor area of 89.2sqm and an attached deck with an area of 17.9sqm. The dwelling will be expanded with a 26.8sqm sunroom attached to the west side of the existing dwelling. The deck will be extended by 6.8sqm with an area of new decking proposed in front of the sunroom. The height of the dwelling will not be increased as a result of the development. The existing dwelling and attached deck are set back 20.4m and 18m from the highwater mark of Sigsworth Lake. The proposed sunroom and deck extension will maintain these setbacks and not encroach closer to the water. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property 0.4ha with approximately 66m of frontage on Sigsworth Lake and is accessed from Old Mine Lane. The property has a depth of 61m. The property contains an existing dwelling with an attached deck and an accessory structure. The property is level from the laneway until the rear of the dwelling where it then slopes down towards the water. The property is on shallow bedrock that is visible at the surface and has some mature trees. The property is located in an area of similar waterfront residential development. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 180 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0074, Franche, 1112 Old Mine Lane, Loughborough District

Department and Agency Comments Comments have not been received from Quinte Conservation at the time of writing this report. At the preconsultation stage they did not indicate any concerns with the proposal as the addition and deck are to be located on granite bedrock. They noted that a permit for the development would be required under their regulation. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 20.4 metres from the highwater mark. 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 appropriate development of the subject property; and

Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.

The proposed sunroom addition and attached deck will maintain the same setback from the water as the existing dwelling/deck. The addition and deck will be located on a primarily exposed bedrock area, this location minimizes the amount of site disturbance and the amount of vegetation removal that would be required. The development will increase lot coverage from 2.8% to 3.5%. The existing dwelling is a one storey structure. The building height will not be increasing as a result of the sunroom addition. The addition should not result in any negative visual impacts as the addition is a minor extension of the front wall of the welling that will maintain the same height and massing as the existing dwelling. Maintaining existing vegetation along the shoreline will assist in screening the development from the water and adjacent properties. www.southfrontenac.net Page 181 of 187 South Frontenac is a welcoming and thriving rural community.

Township of South Frontenac Staff Report PL-ZNA-2024-0074, Franche, 1112 Old Mine Lane, Loughborough District

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-2024-0074 for 1112 Old Mine Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The sunroom addition is permitted to be one storey and have a 27 square metre floor area plus a 7 square metres uncovered deck. The addition and deck are to maintain the highwater mark setback of the existing dwelling. The addition and deck are to be consistent with the submitted plans that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the 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. c. That existing natural vegetation within 30 metres of the shoreline must be maintained.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 182 of 187

Township of South Frontenac Staff Report PL-ZNA-2024-0074, Franche, 1112 Old Mine Lane, Loughborough District

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

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 183 of 187

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

July 11, 2024

Subject:

Decisions on Delegated Consents

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

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

Discussion/Analysis a) PL-BDJ-2024-0041 (Merrick) – Portland District This undisputed consent was granted provisional consent on June 25, 2024. The purpose of this consent application was for the creation of one new rural residential lot from property addressed as 4092 Petworth Road. The newly created parcel will be 1.6 hectares in area with 115 metres of frontage on Petworth Road. b) PL-BDJ-2024-0068 (Gordon) – Storrington District This undisputed consent was granted provisional consent on July 2, 2024. The purpose of this consent application was for the creation of one new rural residential lot from property addressed as 3070 Old Boy Road. The severed parcel contains an existing dwelling and garage and will be 2.5 acres in area with 76 metres of frontage on Old Boy Road. c) PL-BDJ-2024-0013 (Robinson) – Portland District This undisputed consent was granted provisional consent on July 2, 2024. The purpose of this consent application was for the creation of one new rural residential lot from property addressed as 3447 Desert Lake Road. The severed parcel will be 18.3 acres in area with 155 metres of frontage on Old Boy Road.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report – Decisions on Delegated Consents

d) PL-BDJ-2024-0052 (Hoekstra) (McGurn) – Portland District This undisputed consent was granted provisional consent on July 3, 2024. The purpose of this consent application was for one rural residential lot addition. from unaddressed lands on Long Swamp Road. The proposed 4.2 acre lot addition will be conveyed from unaddressed lands fronting on Long Swamp Road to adjacent lands addressed as 5344 Long Swamp Road.

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

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report – Decisions on Delegated Consents

APPENDIX A

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report – Decisions on Delegated Consents

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 187 of 187

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