Committee Of Adjustment - 12 Dec 2019 - Agenda

Published December 12, 2019

Word Count 12837 words

Reading Time 61 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: December 12, 2019 Collection: Council Agendas Municipality: South Frontenac

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Document Text

TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA TIME: DATE: PLACE:

7:00 PM, Thursday, December 12, 2019 Council Chambers.

Call to Order

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – November 14, 2019

Consent Applications:

S-24-19-S (Pickering) (Loyst) Location: Part Lot 5, Concession 6, District of Storrington, Township of South Frontenac. Purpose of Application: Consent for conveyance of a lot addition of approximately 0.093 hectares (0.23 acres) and a depth of 30.48 metres (100 ft.) of vacant land from the subject property addressed as 2584 Bear Creek Road to enlarge a lot located at Part Lot 5, Concessions 6 addressed as 2548 Bear Creek Road. The retained lands will be approximately 53.42 hectares (132 acres) in area with a depth of approximately 1,981.2 metres (6,500 ft.).

3 - 12

S-25-19-S (Buckley) Location: Part Lots 20 & 21, Concession 1, being Parts 1-3 on Plan 13R11894, District of Storrington, Township of South Frontenac, municipally known as 3732 Buck Point Lane, Inverary, Collins Lake. Purpose of Application: Consent for the creation of a new residential lot consisting of approximately 0.8 hectares (2 acres) with approximately 96 metres (315 feet) of frontage on Holmes Road and a depth of approximately 84 metres (276 feet) from a developed lot municipally known as 3732 Buck Point Road. The retained lands will retain the single family dwelling, barn and accessory buildings and will be approximately 32.4 hectares (80 acres) in area with approximately 204 metres (669 feet) of frontage on Holmes Road and frontage on Buck Point Lane.

13 - 28

S-26-19-L (Knapp) Location: Part Lot 13, Concession 5, District of Loughborough, Township of South Frontenac Purpose of Application: Consent for the creation of a new residential lot consisting of approximately 10.3 hectares (25.4 acres) with approximately 100 metres (328 ft) of frontage on Wilmer Road and a depth of 587 metres (1,925.9 ft) from a vacant lot. The retained lands will be approximately 48.6 hectares (120 acres) in area with approximately 220 metres (721.8 ft) of frontage on Wilmer Road.

29 - 44

S-27-19-S (Page) Location: Part Lot 13, Concession 10, Part 2 on Plan 13R11868, District of Storrington, Township of South Frontenac, municipally known as 5595 Battersea Road, Battersea Purpose of Application: Consent for the creation of a new residential lot consisting of approximately 0.94 hectares (2.33 acres) with approximately 101 metres (331.4 ft) of frontage on Rampart Road and a depth of approximately 73.4 metres (241.9 ft) from a developed lot municipally known as 5595 Battersea Road. The

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retained lands contain a farm property containing a single family dwelling, with barn and outbuildings and will be approximately 23.1 hectares (57 acres) in area with frontage along Ramparts Road and frontage on Battersea Road. e)

S-28-19-P (Redden) Location: Part Lot 10, Concession 1, District of Portland, Township of South Frontenac Purpose of Application: Consent for the creation of a new residential lot consisting of approximately 0.8 hectares (2 acres) with approximately 76 metres (250 ft) of frontage on Wilton Road and a depth of 106.7 metres (350 ft) from a vacant property located along the west side of Wilton Road. The retained lands contain vacant agricultural lands with the northwest corner of the property located in a wetland. The retained lot will be approximately 29.7 hectares (73.47 acres) in area with approximately 426.7 metres (1400 ft) of frontage on Wilton Road.

Minor Variance Applications:

MV-39-19-P (Fleming & Kennedy) Location: Part Lot 7, Concession 13, being Parts 2-4 on Plan 13R997, District of Portland, Township of South Frontenac, municipally known as 1011 Kens Lane, Howes Lake Purpose of Application: Official Plan Designation: Zoning: Limited Service Rural and Environmental Residential Waterfront (RLSW) Protection Zone Section 5.8.2a.: Setback for Relief: 30m (98.4 ft.) from the the Building or Structure – highwater mark to 21.3m (70 ft) to 30m setback to the highwater the highwater mark of Howes mark Lake Section 10.3.2: Setback for Relief:30m (98.4 ft.) from the Accessory Buildings Not highwater mark to 21.3m (70 ft) to Attached to The Principal the highwater mark of Howes Building – 30m setback to the Lake highwater mark Section 10.3.2: Setback for Relief: Increase in height from 6m Accessory Buildings Not (19.7 ft) to 7.62m (25 ft) for a Attached to The Principal detached garage Building – Building Height Maximum 6m (19.7 ft.)

Other Business

Adjournment

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date:

December 9, 2019

Application Nos: Owner: Location of Property:

S-24-19-S Bob & Maureen Pickering (Loyst) Part Lot 5, Concession 6, District of Storrington, Township of South Frontenac, municipally addressed as 2584 Bear Creek Road Purpose of Application: Consent for a lot addition Date of Hearing: December 12, 2019 Recommendation: That provisional consent be: 

granted with conditions (attached) deferred denied

Purpose:



enlarge abutting lot create new lot right-of-way / easement other:

Area Severed: approximately Official Plan Designation: Rural 0.093 ha (0.23 ac) Zoning: Rural (RU) Water Frontage: N/A Road Frontage: Existing maintained Area Retained: approximately 53.42 ha (132 ac)

Official Plan Designation: Rural Zoning: Rural (RU)

Water Frontage: N/A Road Frontage: Existing maintained Parcel to be Enlarged

Official Plan Designation: Rural

2548 Bear Creek Road

Zoning: Rural (RU) Zone

Review: This application:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);  Conforms with section 51(24) of the Planning Act;  Conforms with the County of Frontenac Official Plan (3.3.);  Conforms with the Township of South Frontenac Official Plan (5.7.4 & 7.1);  Complies with the Township of South Frontenac Zoning By-law 2003-75 (or will comply subject to a standard condition of rezoning or minor variance); and  Has no unresolved objections/concerns raised (to date) from agencies or the public. Page 3 of 85

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Proposal The purpose of this application is to enlarge an existing residential property at 2548 Bear Creek Road by adding land from an existing residential property municipally known as 2584 Bear Creek Road. The property at 2584 Bear Creek Road contains an existing single detached dwelling and outbuildings with Bear Creek intersecting the subject lands. The property at 2548 Bear Creek Road contains an existing single detached dwelling and shed. The property is located on the north side of Bear Creek Road near the River Styx (Rideau Canal). The grade of the property slopes from the road towards the north. A detached garage is proposed to be constructed to the north of the dwelling at 2548 Bear Creek Road after the severance is completed. The owner of 2584 Bear Creek Road is not proposing development at this time.

Agency Analysis and Comments Public Services Department – The application was not required to be circulated to Public Services as the existing entrance will be maintained at 2584 and 2548 Bear Creek Road. KFL&A Public Health – The application was not required to be circulated to the Health Unit as the existing septic system will not be impacted as the septic system is approximately 65 feet from the proposed garage. Cataraqui Region Conservation Authority – The application was not required to be circulated to the CRCA as the lands to be merged with 2548 Bear Creek Road are located outside a regulated area. Public Comments – No comments have been received from the public to date.

Conclusion The consent application conforms with the Provincial Policy Statement, County Official Plan and South Frontenac Official Plan. The lot addition is not required to be rezoned as the subject lot and enlarged property are located in the Rural (RU) Zone. The lot addition will increase the lot area of the existing undersized and brings the property at 2548 Bear Creek Road into greater compliance with the Official Plan and Zoning By-law. The application is subject to the recommended conditions:

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision Expiry Period

Conditions imposed must be met within one year 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 one year, the application shall be deemed to be refused. Provided the conditions are fulfilled and the Certificate of Official is stamped within one year, the application is valid for two years from the date the certificate was issued. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
The land to be severed by Consent Application S-24-19-S shall be for a lot addition with an area of approximately +/- 0.093 ha (0.23 ac) to be conveyed only to 2548 Bear Creek Road (Roll no. 102906003007700).
The lands to be severed are for the purpose of a lot addition only to the adjacent lands described as Part Lot 5 Concession 6 (PIN 36295-0120), municipally described as 2548 Bear Creek Road and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands Page 4 of 85

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction. Survey/Reference Plan or Registerable Description 4. 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 Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date of Decision [Planning Act, ss. 53(17) and 53(24)]. Municipal Requirements 5. 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 stamping of the deeds. 6. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 7. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment. 8. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Pickering/Loyst property Site Visit: November 28, 2019

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µ S-24-19-S (PICKERING) (LOYST) 2584 BEAR CREEK RD Retained Lot

Legend

Bear Creek

Pickering Property Loyst Property Parcel Fabric River / Stream Provincially Significant Wetlands

Waterbodies

Proposed Severance

Water Area, Permanent Wetland Area, Permanent

River Styx

rk Rd Inset Map Randy C la

Sunbury

Mcgarvey Rd

Battersea Rd

Page 12 of 85

Princess Rd

ek Rd Bear Cre

y Rd

n Rd Washbur

Factory Rd

Benefitting Lot

Abernath Ida Hill Rd

Bear C

reek Rd

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Scale 1:5,000

0 15 30

60 Meters

90 120

UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION

Report Date:

December 9, 2019

Application No: Owner: Location of Property:

S-25-19-S Dan Buckley Part Lots 20 & 21, Concession 1, being Parts 1-3 Plan 13R11894, District of Storrington, Township of South Frontenac, municipally known as 3732 Buck Point Lane, Inverary, Collins Lake Purpose of Application: Consent to create one new residential lot Date of Hearing: December 12, 2019 Recommendation: That provisional consent be: 

granted with conditions (attached) deferred denied

Purpose:

enlarge abutting lot 

create new lot right-of-way / easement other:

Area Severed: 0.8 ha (2 ac)

Official Plan Designation: Rural

Frontage: 96m (315 ft)

Zoning: Rural

Holmes Road, Inverary Area Retained: 32.4 ha (80 ac)

Official Plan Designation: Rural & Environmental Protection

Frontage: 204m (669 ft) Zoning: Rural (RU) & Environmental Protection Holmes Road & Buck Point Lane, (EP) Zones Inverary Provincially Significant Wetlands & 120 metre buffer

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

Proposal The purpose of this application is consent for the creation of a new approximately 0.8 ha (2 ac) residential lot with approximately 96 metres (315 ft) of frontage from an existing property at Part Lots Page 13 of 85

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

20 & 21, Concession 1, being Parts 1-3 on Plan 13R11894, District of Storrington, Township of South Frontenac, municipally known as 3732 Buck Point Lane (see attached map). The subject property is located on the east side of Holmes Road and north side of Buck Point Lane south of Inverary outside the hamlet boundary. The site is cleared with a wooded boundary and slopes towards the southeast. The retained parcel consists of approximately 32.4 ha (80 ac) with approximately 204 metres (669 ft) of frontage along Buck Point Lane and Holmes Road and contains an existing residential dwelling, barn and accessory outbuildings located to the east of the home. The property slopes southeast towards Buck Point Lane and Collins Lake. The property contains agricultural lands with mature trees in areas. The proposed new 0.8 ha (2 ac) severed lot is vacant. There are existing residential homes on the west side of Holmes Road. The closest barn is approximately 190 metres from the property and is in a poor state of repair. The Minimum Distance Separation calculation was completed for the severed lot. The severed lot complies with the required separation distance from the nearest barn.

Agency Analysis and Comments Public Works Department – An entrance permit, for a new access for Holmes Road, will be required to be located at Holmes Road for the proposed new lot at the building permit stage. The applicant is required to provide a lot grading and drainage plan for development on the severed lands. The plan will be required to be submitted at the building permit stage for the construction of a new dwelling. It is recommended the surveyor confirm if a road widening is required to achieve the 66 foot right of way. Cataraqui Region Conservation Authority – Staff have indicated that they have no objection to the approval of the application based on their consideration for natural hazard, natural heritage, and water quality and quantity protection policies. KFL&A Public Health – KFL&A Public Health comments dated November 22, 2019 indicate that the proposed lot is capable of providing flexibility in siting a sewage disposal system. Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system; specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. Public Comments – To date comments have not been received from the public.

Conclusion The consent application conforms with the Provincial Policy Statement, County Official Plan, South Frontenac Official Plan and Zoning By-law subject to the recommended conditions:

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision

Recommended Conditions for the Consent Application S-25-19-S Expiry Period

Conditions imposed must be met within one year 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 one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, 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.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Severed Lands 2. The land to be severed by Consent Application S-25-19-S shall be for the creation of one new lot with an area of approximately 0.8 ha (2 ac) of vacant land with approximately 96 metres (315 ft) of frontage along Holmes Road. Survey/Reference Plan or Registerable Description 3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 4. The surveyor or applicant shall submit the draft Reference Plan electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening 5. The surveyor who prepares the reference plan referred to in Condition #3 & #4 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled 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 stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 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 stamping of the deeds. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Applications S-25-19-S, in lieu of parkland [Planning Act, s. 51(1)]. 8. In the event that there are abandoned wells located on the property being severed, and the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 9. 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 parcel severed through Consent Application S-25-19-S. Page 15 of 85

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the development of the lot, including lot grading and drainage and entrancing. Zoning
Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Buckley property Site Visit: November 28, 2019

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November 12, 2019

S-25-19-S

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Page 22 of 85

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S-25-19-S (BUCKLEY) 3732 BUCK POINT RD

Holmes Rd

Davidson Rd

Legend Buckley Property Collins Lake

Parcel Fabric

Holmes Rd

River / Stream Provincially Significant Wetlands

Waterbodies

Proposed Severance

Water Area, Permanent Wetland Area, Permanent

Retained Lot

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

oint Buck P

Page 23 of 85

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

Scale 1:6,000 Collins Lake

0 20 40

80 Meters

120 160

UTM Projection NAD 83

Page 24 of 85

atnsfactory r Condition #

Qg?

or Condmon #

KFL&APublic Health has no objection to the proposed severance as the app ication statest lot addition / easement] right of way / othe

e consen

or a

Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system Speci?c requi ementsf r dditional soil will be indicated on an Application to Construct a Sewage System prior to sit development

The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construc a Sewage System

Due to limitations the lot will only provide a speci?c location for the construction of the sewage disposal system The most suitable location for the sewage system IS 30/ 15 metres from…

The lot is unsatisfactory for the construction of a ewage disposal system

see attached Iette

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REGION CONSERVATION AUTHORITY CATARAQUI

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1641 Perth Road, P.O. Box 160 Glenburnie, Ontario KOH 1S0 Phone: (613) 546-4228 Toll Free (613 area code): 1-877-956-CRCA Fax: (613) 547-6474 E—mai|: info@crca.ca Websites: www.crca.ca & wvvw.c|eanwatercataraqui.ca

,4. *’— .> Conservatio nONTARIO Nuuralchampions

Page 26 of 85

Ms. Gravel (S-25-19-S) November 26, 2019

Natural Hazards Flooding: Flood plain mapping is not available for theun-namedcreek. Section 5.8.2 of the Zoning ByI’|IIIIIIq:|Fh.dp2§h:qIpi.q:mEnd.lkEI’blm-1ndad.h5lmg’.1J1af1uI.uh]I|} law speci?es that no building or structure or septic tank installation shall be located within a minimum hwq:=I5u’i?.m’hL|ih;I?1:tniaqh:b.IhhL:?mld.r¢hppqdIt?1|;mi?ug 1-?n:h’:Ib’I.::hJn-F’tI2n-tI’l’dl’nntnfIInIh’|drr:Iu’u-Ru-In l.||I-|.’—|.. |‘I-I"I|:".|.’. 30 metres horizontal of the highwater mark of a waterbody or watercourse. the Similarly, CRCA’s Planning Policy (2015) also requires a 30 metre setback for new development and site alteration from the highwater mark of a waterbody. Staff note that the lot to be severed and the lot to be retained appear to contain suitable building envelopes outside of the required watercourse setback. Therefore, staff have no concerns with the proposal from a ?ooding perspective. Erosion: Section 5.8.2.b) of the Zoning By-law speci?es that no building or structure or septic tank B’i:H-:HI.JHJJ|H1I?1uI’rt5hurqad’f??q:qh???;q¢|1u3?f“E;?;j_ II-1|-|’-IEIII-Ihl-||tII|-I-Iii-I’=|‘JI installation shall be located within aIrrlrlrr?-lfL!nvIl’-aI1I:rri.:-.-ul?uflz-L:-pu!’|:-:i:nf;:;p minimum of 15 metres horizontal of the top of bank of any the of slope which embankment, is greater than 30% from horizontal. The II3IIi=I’I’l.1’HIif-plr-“Ihiit:Lr:I’-a-IIIIHJEI-LE1-u:hr.:-u;1 TI:-I1’H.I1nIu.nh:Ii:n-:u:::I::::In-r CRCA de?nes the extent of rr.1’.IJiIrl-‘r.hI:.nn’H.h1-nl-I.-—.-IL-n-r||i-rlr-n-r—‘rn .|Lr1–nil–I-rl.-rrfor till of potential erosion hazards to include an allowance for toe erosion, .-I-|-ul..-.’na stable slope allowance 3(h):1(v), plus an erosion access allowance of 6 metres. Staff note that the lot to be severed and the lot to be retained appear to contain suitable building envelopes outside of the erosion hazard setbacks. Therefore, staff have no concerns with the proposal from an erosion perspective. Water Quality The Of?cial Plan recognizes the need to minimize impacts to water quality by reducing phosphorous inputs, preventing erosion and maintaining natural appearances. Accordingly, policies have been included that can vary the setback from the highwater mark from 30 to 90 metres depending on the site characteristics such as steepness of slope, vegetation cover, soil depth and soil phosphorus retention. In this instance, there appears to be suitable development envelopes outside of the required water setback for on the lot to be severed and the lot to be retained.

Recommendation Staff have no objection to the approval of application S-25-19-S based on our consideration for natural ‘I”‘I’I1"TZI’ IC’EI1I’I’CI-’ -""-2—2—-L—-I-— hazards, natural heritage, and water quality and quantity protection policies.

Please notify this of?ce of any decision made by the Committee with regard to these applications. If you have any questions, please contact Andrew Schmidt at (613) 546-4228 extension 244 or by e-mail at aschmidt@crca.ca. Yours truly,

42/~

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

Michelle Hannah, South Frontenac Township (via e-mail) Dan Buckley, applicant (via e-mail)

Page 2 of 2

Page 27 of 85

;

Report from Roads to Committee of Adiustment Application Number: S-25-19-3 Name: Dan BUCkl€Y

Applicant’s

Concession: Road;

Lot: 20&21

District: Smrrlngton

Holmes Road

Road Maintenance: Sight Lines:

Year-round

Seasonal

Are there adequate sight lines for the entrance?

Yes§/No

If no, what changes would be required to improve sight lines?

Road Conditions:

Are there any special drainage/ditching concerns related to creation of new |ot(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?

Noi;(

Yes To be determined by an Ontario Land Surveyor Any speci?c requirement?

Approved

by the Public Services?

Yest,s( Yes, with conditions

No If yes, with conditions, please describe conditions below.

ignature on behalf of

lic Services

Date

Page 28 of 85

RER

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION

Report Date:

December 10, 2019

Application No: Owner: Location of Property:

S-26-19-L Knapp Part Lot 13, Concession 5, District of Lougborough, Township of South Frontenac, Wilmer Road Purpose of Application: Consent to create one new residential lot Date of Hearing: December 12, 2019 Recommendation: That provisional consent be: 

granted with conditions (attached) deferred denied

Purpose:

enlarge abutting lot 

create new lot right-of-way / easement other:

Area Severed: 10.3 ha (25.4 ac)

Official Plan Designation: Rural & Environmental Protection

Frontage: 100m (328 ft) Zoning: Rural Wilmer Road Area Retained: 48.6 ha (120 ac)

Official Plan Designation: Rural

Frontage: 220m (721.8 ft)

Zoning: Rural

Wilmer Road

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

Proposal The purpose of this application is consent for the creation of a new approximately 10.3 ha (25.4 ac) residential lot with approximately 100 metres (328 ft) of frontage from an existing vacant property at Part Lot 13, Concession 5, District of Loughborough, Township of South Frontenac (see attached map). The subject property is located on the east side of Wilmer Road and north of the hamlet of Spaffordton. Page 29 of 85

RER

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

The retained parcel consists of approximately 48.6 ha (120 ac) with approximately 220 metres (721.8 ft) of frontage along Wilmer Road. The property is elevated to the south and slopes towards the north. The property contains agricultural lands and woodlands and is proposed to remain in its present state. Existing residential lots surround the retained lands along Wilmer Road. The proposed new lot will be approximately 10.3 ha (25.4 ac) in size with approximately 100 metres of frontage on Wilmer Road. The lot consists mainly of dense woodland. There is existing residential development located to the west and north of the proposed lot. An unevaluated wetland is located at the northeast portion of the severed lands. There is sufficient area on the lot for development to occur outside the required 30 metre setback from the wetland. The Knapp farm is located to the southwest of the proposed lot at 4447 Wilmer Road. The barn contains existing dairy cattle. A Minimum Distance Separation calculation was completed in April 2018 for three approved severed lots to the west of the proposed lot which required a setback of 177 metres for any new severance. The barn has not expanded since 2018 and the dairy operation use has continued. The severed lot complies with the required separation distance from the nearest barn as the new lot will be a minimum of 270 metres from the existing dairy barn.

Agency Analysis and Comments Public Works Department – An entrance permit for access will be required. A lot grading and drainage plan will be required prior to development of the severed lands. Cataraqui Region Conservation Authority (CRCA) – Staff have indicated that they have no objection to the approval of the application based on their consideration for natural hazard, natural heritage, and water quality and quantity protection policies. Under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, regulates development within 15 metres of a flood plain or erosion hazard and within 30 metres of an unevaluated wetlands. A permit may be required through the CRCA for proposed development on the severed lot. The applicant or future owners of the land will be required to contact staff at the CRCA at the building permit stage. KFL&A Public Health – KFL&A Public Health comments dated December 3, 2019 noted that soil conditions found on the lot will required additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System. Public Comments – To date comments have not been received from the public.

Conclusion The consent application conforms with the Provincial Policy Statement, County Official Plan, South Frontenac Official Plan and Zoning By-law subject to the recommended conditions:

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision

Recommended Conditions for the Consent Application S-26-19-L Expiry Period

Conditions imposed must be met within one year 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 one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, 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. Page 30 of 85

RER

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Severed Lands 2. The land to be severed by Consent Application S-26-19-L shall be for the creation of one new lot with an area of approximately 10.3 ha (25.4 ac) of vacant land with approximately 100 metres (328 ft) of frontage along Wilmer Road. Survey/Reference Plan or Registerable Description 3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 4. The surveyor or applicant shall submit the draft Reference Plan electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening 5. The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of the public road to be 66 feet. If such width is less than 66 ft., the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to ensure there is a 66 foot road allowance; 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 stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 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 stamping of the deeds. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Applications S-26-19-L, in lieu of parkland [Planning Act, s. 51(1)]. 8. In the event that there are abandoned wells located on the property being severed, and the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.

Page 31 of 85

RER

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

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 parcel severed through Consent Application S-26-19-L.
The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the development of the lot, including lot grading and drainage and entrancing. Zoning
Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Knapp property Site Visit: November 28, 2019

Page 32 of 85

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Morrison Rd

Proposed Severance

n So

ird gb

ga Ln Ho

Perth Rd

Inset Map Rd

Ln Eric Morrison Rd Wilmer Rd

Rutledge Rd

il Ne O’

Greenfield

Keeley Rd

S-26-19-L (KNAPP)

WILMER RD

Legend Knapp Property Parcel Fabric River / Stream

Retained Lot

Provincially Significant Wetlands

Waterbodies

Water Area, Permanent Wetland Area, Permanent

Wilmer Rd

Page 40 of 85

Scale 1:7,000

e dg le t Ru

0 20 40

80 120 160 Meters

UTM Projection NAD 83

Page 41 of 85

Page 42 of 85

Report from Roads to Committee of Adjustment Application

Number: 3-26-19-L

Applicant’s

Name: Adam Knapp

Concession: Road;

Lot: 13

District:

L0UQhb0T0UQh

Wilmer Road

Road Maintenance: Sight Lines:

Year-round

Seasonal

Are there adequate sight lines for the entrance?

Yes? No

If no, what changes would be required to improve 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?

Yesgf

No If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

Road

Widening?uired?

Yes Any speci?c

requirement?

Agproved

by the Public Services?

To be determined by an Ontario Land Surveyor

Yesv

Yes, with conditions No if yes, with conditions, please describe conditions below.

</ .0

gnature on behalf of

Services

Page 43 of 85

KFL&A Public Health

http://www.kf|apublichealth.ca

CONSENTTO SEVER INSPECTION REPORT

Environmental Health Department File Number:

Receipt Number:

S-26—19—L

SK—43~19

0wner(s):

Knapp, Adam Municipality:

Ward / Former Township:

Township of South Frontenac

Loughborough Part(s):

Registered Plan:

Concession:

Lot:

Plan of Subdivision:

5 General Description (existing buildings, surface features, slopes, site services for water

Severed:

Varying elevations, covered with trees

Retained:

Agricultural Land (not Assessed)

and sewage, etc)

Soil type, depth and water table on each part of potential leaching bed areas. Indicate water table with bar. Show estimated permeability (good, fair, poor) for each part where natural soil is acceptable. Depth of Soil

Severed

0.0 m Sandy, Clay Loam

————————

Retained [Description of soil)

0.3 m 0.6 m 0.9 m 1.2 m 1.5 m

-—/

Percolation rate (estimated): [min/cm)

Percolation rate (estimated): [min/cm]

NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.

Suitability for on-site sewage disposal:

SEVERED

Conditions:

Soil conditions fou nd on the lot will require additional suitable granular soil to construct a sew age disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewag e System.

Conditions:

Conditions

Satisfactory Unsatisfactory Site Flexible 5”‘? Speci?c

RETAINED Satisfactory Unsatisfactory Site Flexible

Site Specific 1

Inspector:

Sarah Van Dijk

CPH|(C), Public Health Inspector

Approved:

/,’

Date:

7‘

December 03, 2019

PLEASEFORWARD A COPY OF THE NOTICE OF DECISION TO KFL&APUBLIC HEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1-800-267-7875.

Page 44 of 85

RER

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION

Report Date:

December 9, 2019

Application No: Owner: Location of Property:

S-27-19-S Nancy & Danny Page Part Lot 13, Concession 10, being Part 2 Plan 13R11868, District of Storrington, Township of South Frontenac, municipally known as 5595 Battersea Road Purpose of Application: Consent to create one new residential lot Date of Hearing: December 12, 2019 Recommendation: That provisional consent be: 

granted with conditions (attached) deferred denied

Purpose:

enlarge abutting lot 

create new lot right-of-way / easement other:

Area Severed: 0.94 ha (2.33 ac)

Official Plan Designation: Rural

Frontage: 101m (331.4 ft)

Zoning: Rural (RU)

Ramparts Road Area Retained: 23.1 ha (57 ac)

Official Plan Designation: Rural

Frontage: 600.5m (1970 ft)

Zoning: Rural (RU) & Urban Residential (UR1)

Ramparts Road & Battersea Road

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

Proposal The purpose of this application is consent for the creation of a new approximately 0.94 ha (2.33 ac) residential lot with approximately 101 metres (331.4 ft) of frontage from an existing property at Part Lot 13, Concession 10, being Part 2 Plan 13R11868, District of Storrington, Township of South Page 45 of 85

RER

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Frontenac, municipally known as 5595 Battersea Road (see attached map). The applicant is proposing to slightly enlarge the proposed 0.94 ha (2.33 ac) lot extending 20 metres to the east in order to accommodate for a reasonable area for a septic system consistent with comments from KFL&A Public Health. The proposed new lot will increase in area by approximately 0.071 ha (0.175 ac). The subject property is located at the northeast quadrant of Ramparts Road and Battersea Road. The lands are developed with a single detached dwelling, barn and outbuildings. The owner maintains 4 to 5 horses on the property. The farm data sheet was completed with application S-0519-S which indicated that the minimum distance is required to be 81 metres (265 feet) for the lot that was created at the southwest corner of the property. The proposed new lot will be located further away from the existing barn than the lot created through application S-05-19-S at a distance of greater than 500 metres; therefore, the proposed new lot meets the Minimum Separation Distance requirements. The proposed new lot consists of mixed woods and is located at an elevated portion of the property on a rock outcropping. The lot slopes east towards the retained portion of the property and towards a wetland and watercourse. Access to the lot will be from Ramparts Road. Existing residential properties are located to the west, north and south of the subject site. The retained lands consist of approximately 23.1 ha (57 ac) with frontage along Ramparts Road and Battersea Road. The property contains a single detached dwelling, barn and outbuildings. No development is proposed for the retained lands. The property was recently subject to consent application S-05-19-S and received provisional approval on April 11, 2019 from the Committee of Adjustment. This lot will be the last permitted severance for the subject lands in accordance with Section 5.7.4 (ii) c) of the Township of South Frontenac Official Plan.

Agency Analysis and Comments Public Works Department – An entrance permit, for a new access, will be required to be located at Ramparts Road for the proposed new lot at the building permit stage. The applicant is required to provide a lot grading and drainage plan for development on the severed lands. The plan will be required to be submitted at the building permit stage for the construction of a new dwelling. Cataraqui Region Conservation Authority (CRCA)– The CRCA were not required to be circulated in review of this application given the nature of the proposal. KFL&A Public Health – KFL&A Public Health comments dated December 2, 2019 indicate that due to soil/bedrock conditions, the lot will only allow a specific location for the construction of the sewage disposal system; this location is the area around the second test hole. Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system; specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. Based on comments from KFL&A Public Health the severed parcel is recommended to be enlarged to the east by 20 metres to ensure that there is an adequate area to accommodate a septic system. Public Comments – To date comments have not been received from the public.

Conclusion The consent application conforms with the Provincial Policy Statement, County Official Plan, South Frontenac Official Plan and Zoning By-law subject to the recommended conditions:

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision

Page 46 of 85

RER

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Recommended Conditions for the Consent Application S-27-19-S Expiry Period

Conditions imposed must be met within one year 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 one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
The land to be severed by Consent Application S-27-19-S shall be for the creation of one new lot with an area of approximately 1.016 ha (2.51 ac) of vacant land with approximately 101 metres (331.4 ft) of frontage along Ramparts Road. 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 Secretary-Treasurer for review and consent endorsement within a period of one year [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 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 the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled 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 stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Municipal Requirements
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. Page 47 of 85

RER

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Applications S-27-19-S, in lieu of parkland [Planning Act, s. 51(1)].
In the event that there are abandoned wells located on the property being severed, and the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
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 parcel severed through Consent Application S-27-19-S.
The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the development of the lot, including lot grading and drainage and entrancing. Zoning
Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Page property Site Visit: November 28, 2019

Page 48 of 85

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Ramparts Rd

Lough boroug h Lak

Inset Map

S-27-19-S (Page) 5595 BATTERSEA RD

Legend Page Property Parcel Fabric River / Stream Provincially Significant Wetlands

Retained Lot

Waterbodies

Water Area, Permanent Wetland Area, Permanent

Ramparts Rd Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 56 of 85

e a Rd Batters

Scale 1:6,000

0 20 40

80 Meters

120 160

UTM Projection NAD 83

.9 KFL&A Public Health

http://www.kflapub|ichealth.ca

Environmental Health Department File Number:

Receipt Number:

547-195

SK-44~2019

Owner(s):

Page, Danny & Nancy Municipality:

Ward / Former Township:

Township of South Frontenac

Storrington

Lot:

Registered Plan:

Concession:

Part 13

Part(s):

Plan of Subdivision:

13 R11868

General Description (existing buildings, surface features, slopes, site services for water and sewage, etc)

Severed:

The proposed severed lot is mostly mixed woods, peaking at a rock outcrop running through the centre of the lot (SW to NE), with very little soil/vegetation in the immediate area. The lot then slopes east toward the rest of the proposed retained lot. The proposed severed lot is bordered by Ramparts Road to the west, neighbouring lots to the north and south, and the proposed retained lot to the east. boundary is requested to accommodate a sewage disposal system.

A 20 metre extension on the eastern

Retained:

The proposed retained lot is quite large, and appears to be mostly agricultural land. There are several structures in the southeastern corner of the lot, including a barn, garage, and house. The house is serviced by an existing well and sewage system. The proposed retained lot is bordered by neighbouring lots to the west, north and east, Battersea Road to the south, Ramparts Road to the west, and the proposed severed lot to the northwest.

Severed

Grade/organic layer Bedrock 0.25m (TH#1), 0.3m (TH#2)

Retained

0.0 m 03 m 0.6 m 0.9 m 1.2 m 1.5 m

—->

————————

Percolation rate (estimated): > 50 min/cm

Percolation rate (estimated):

Suitability for on-site sewage disposal:

SEVERED

Conditions:

5”““f“*°‘V Unsatisfactory Site Flexible

conditions, the lot will only allow a specific location for Due to soil/bedrock the construction of the sewage disposal system; this location is the area around the second test hole. Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development.

Site Specific

RETAINED

Conditions:

Satisfactory Unsatisfactory Site Flexible Site Specific

Matthew Doyle CPHl(C), Public Health Inspector

Inspector:

Approved:

Date:

V. t

I’

DECEmbeT02.2019

PLEASEFORWARD A COPY OF THE NOTICE OF DECISIONTO KFL&APUBLIC HEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1-800-267-7875.

Page 57 of 85

CONDITIONS- OFFICEUSE ONLY

ssvemzo:

rCondition# “l

RETAINED:

Satisfactory or Condition #

KFL&APublic Health has no objection to the proposed severance as the application states the consent is for a lot addition / easement/ right of way / other.

Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Speci?c requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development.

The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System.

Due to limitations the lot will only provide a specific location for the construction of the sewage disposal -Her Rue “ Z sv~¢,,
system. The most suitable location for the sewage system is

The lot is unsatisfactory for the construction of a sewage disposal system

Other conditions:

—

see attached letter.

Page 58 of 85

S-27-19-S Page Test hole locaiions

‘bfProposed Retained Lot Proposed Severed Lot ‘

44/14712,»76.37165

44/14724, -76.37141

CI Proposed 20m Extension

Imagery 02019

Maxar Technologies

Page 59 of 85

Report from Roads to Committee of Adiustment Application Number: 3427-19-3 Applicant’s Name: Dannl’& NanCY Page

Concession: Road;

Lot: 13

District: S’f0|‘Tln9’f0n

Ramparts Road

Road Maintenance: Sight Lines:

Year-round

Seasonal

Are there adequate sight lines for the entrance?

Yes% No

If no, what changes would be required to improve 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.

‘K

Road Widening Required?

Noii

Yes To be determined by an Ontario Land Surveyor Any speci?c requirement?

Agproved

by the Public Services?

YesM Yes, with conditions

No If yes, with conditions, please describe conditions below.

on ‘behalf ublic Services

Page 60 of 85

RERE REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date:

December 9, 2019

Application No: Owner: Location of Property:

S-28-19-P Larry Redden Part Lot 10, Concession 1, District of Portland, Township of South Frontenac Purpose of Application: Consent to create one new residential lot Date of Hearing: December 12, 2019 Recommendation: That provisional consent be: 

granted with conditions (attached) deferred denied

Purpose:

enlarge abutting lot 

create new lot right-of-way / easement other:

Area Severed: 0.8 ha (2 ac)

Official Plan Designation: Rural

Frontage: 76m (250 ft)

Zoning: Rural

Wilton Road Area Retained: 29.7ha (73.47ac) Official Plan Designation: Rural and Environmental Protection Frontage: 426.7m (1400 ft) Zoning: Rural Wilton Road

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

Proposal The purpose of this application is consent for the creation of a new approximately 0.8 ha (2 ac) residential lot with approximately 76 metres (250 ft) of frontage from an existing property at Part Lot 10, Concession 1, District of Portland, Township of South Frontenac, Wilton Road (see attached map). The subject property is located at the west side of Wilton Road. The lands are vacant agricultural lands with the northwest corner of the subject property located in the environmental Page 61 of 85

RERE REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT protection designation. The proposed new lot consists of vacant agricultural lands. The lot slopes from the road towards the rear of the site. Access into the lot will be from Wilton Road. Existing residential properties are located to the north and south of the severed lot. The retained lands consist of approximately 29.7 ha (73.47 ac) with approximately 426.7 metres of frontage along Wilton Road. The property contains vacant agricultural lands and lands in the environmental protection designation at the northeast corner of the site. The closest barn is approximately 370 metres from the proposed lot. The MDS calculation was completed for the severed lot. The severed lot complies with the required separation distance from the nearest barn and does not impact the proposed lot.

Agency Analysis and Comments Public Works Department – An entrance permit for access will be required to be located at Wilton Road for the proposed new lot at the building permit stage. A lot grading and drainage plan for will be required prior to development on the severed lands. Cataraqui Region Conservation Authority – The CRCA were not required to be circulated in review of this application given the nature of the application. KFL&A Public Health – KFL&A Public Health comments dated November 26, 2019 indicate that soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system; specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System. Public Comments – To date comments have not been received from the public.

Conclusion The consent application conforms with the Provincial Policy Statement, County Official Plan, South Frontenac Official Plan and Zoning By-law subject to the recommended conditions:

Recommended Conditions Conditions are a decision of the Committee of Adjustment, the conditions below are recommended. The final approved conditions will be included in the signed decision

Recommended Conditions for the Consent Application S-28-19-P Expiry Period

Conditions imposed must be met within one year 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 one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
The land to be severed by Consent Application S-28-19-P shall be for the creation of one new lot with an area of approximately 0.8 ha (2 ac) of vacant land with approximately 76 metres (250 ft) of frontage along Wilton Road.

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RERE REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Survey/Reference Plan or Registerable Description 3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 4. The surveyor or applicant shall submit the draft Reference Plan electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening 5. The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled 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 stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 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 stamping of the deeds. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Applications S-28-19-P, in lieu of parkland [Planning Act, s. 51(1)]. 8. In the event that there are abandoned wells located on the property being severed, and the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 9. 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 parcel severed through Consent Application S-28-19-P. 10. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the development of the lot, including lot grading and drainage and entrancing.

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RERE REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Zoning 11. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Redden property Site Visit: November 28, 2019

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@ FRONTENAC

Assessment Parcels

Page 70 of 85 '

0.1 Kilometers

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Retained Lot

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Waterbodies

Water Area, Permanent Wetland Area, Permanent

Proposed Severance

3385 WILTON RD

3373 WILTON RD

3355 WILTON RD

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Scale 1:5,500

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KFL&A Public Health http://www.kf|aph.ca

Environmental Health Department

|~spECT|oN

REPORT

Receipt Number: SK-45-2019

File Number: S-28-19-P Owner(s):

Larcon Farms Larry & Constance

Redden

Municipality:

Ward/FormerTownship:

South Frontenac

Portland Plan of Subdivision:

Part(s),

Registered Plan

Concession: 1 North

Lot: 10

General Description (existing buildings, surface features, slopes, site services for water

Severed:

Flat field, previously use as farm land.

Retained:

Farm land

and sewage, etc)

Soil type, depth and water table on each part of potential leaching bed areas. Indicate water permeability (good, fair, poor) for each part where natural soil is acceptable.

Retained

Depth of Soil

Severed

table with bar. Show estimated

Clay Loam

Percolation rate (estimated)

Percolation rate (estimated):

Suitability for on-site sewage disposal:

SEVERED

Samfa mm

I-

Unsatisfactory

r‘

we Flexible

Site Specific

Conditions: Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site deVe|opmem_ The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System.

RETAINED

Conditions:

Satisfactory Unsatisfactory

Not Assessed

Site Flexible

Site Specific

,‘ Inspector:

Sarah Van Dijk CPHl(C), Public Health Inspector

Approved: L,»

O/’\ ‘J

. ’

Date:

November 26, 2019

PLEASEFORWARD A COPY OF THE NOTICE OF DECISION TO KFL&APUBLIC HEALTH.

Page 72 of 85

Report from Roads to Committee of Adjustment Application Number: 3-28-1943

Redden Name: LEWY

Applicant’s

Concession: Road;

Lot: 10

District: Portland

Wilton Road

Road Maintenance: Sight Lines:

Year—round

Seasonal

Are there adequate sight lines forthe entrance?

Yes

if no, what changes would be required to improve sight lines?

Road Conditions:

Are there any special drainage/ditching concerns related to creation of new |ot(s)?

No%

Yes If yes, what action is the applicant required to take?

is the o erall road condition adequate to serve increased development/traffic?

Yesxv

No If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

Road Widening Required?

SIC

Yes No To be determined by an Ontario Land Surveyor Any speci?c requirement?

Approved

Yes‘{

by the Public Services?

Yes, with conditions No if yes, with conditions, please describe conditions below.

Signature on b

If of Public Services

:/Lao} /9

Date

Page 73 of 85

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – VARIANCE APPLICATION Report Date:

December 9, 2019

Application No: Owner: Location of Property:

MV-39-19-P Tony Fleming & Terri Kennedy Part Lot 7, Concession 13, being Parts 2-4 on Plan 13R997, District of Portland, Township of South Frontenac, municipally known as 1011 Kens Lane, Howes Lake Purpose of Application: To vary Sections 5.8.2a & 10.3.2 of the Township of South Frontenac Zoning Bylaw Date of Hearing: December 12, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-39-19-P to provide the applicant with additional time for Quinte Conservation to undertake a site inspection of the property and provide comments in review of the submitted application and plans.

Proposal An application for minor variance has been submitted for the property located at Part Lot 7, Concession 13, being Parts 2-4 on Plan 13R997, District of Portland, Township of South Frontenac, municipally known as 1011 Kens Lane, Howes Lake (see attached map) to permit the construction of a two storey detached garage. The applicant is seeking relief from Section 5.8.2a in the Limited Service Residential – Waterfront (RLSW) Zone and from Section 10.3.2 Flooding and Shoreline Erosion Hazards which both require a 30 metre (98.4 feet) setback from the highwater mark and Section 10.3.2 to increase the height of a detached garage from 6 metres (19.7ft.) to 7.62 metres (25 ft). The property is located within a bay on the eastern shore of Howes Lake. The topography of the property is elevated where the existing cottage and shed are located. The proposed two storey garage is proposed to be constructed in the location of the existing garage located in a lower area of the site. Quinte Conservation have noted that the subject lands lie within the regulated area of Howes Lake and associated wetlands. It is noted that while Quinte Conservation has not completed the site visit, they have provided comments dated November 28, 2019 indicating that staff are not satisfied that the application as presented is consistent with Section 3.1 of the PPS as there is sufficient area for development outside the flood hazard. Quinte Conservation staff have not been to the subject property and have not surveyed the 1:100 year flood plain or delineated the wetland boundary. Quinte Conservation have requested that the application be deferred until a site visit has been completed. Field verification of both of these features is critical as it impacts the Planning analysis and formulation of a planning recommendation on this file. Once comments have been received from the Quinte Conservation, a detailed report will be prepared with a planning analysis and recommendation which will be brought forward to a future Committee of Adjustment meeting. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: November 28, 2019 Attachments: Map of Fleming/Kennedy property Page 74 of 85

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Parcel Fabric Provincially Significant Wetlands

Howes Lake

Wetland

Waterbody River/ Stream

Roads

Arterial Expressway / Highway Local / Street

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Howes Lake

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