Committee Of Adjustment - 12 Oct 2017 - Agenda

Published October 12, 2017

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Reading Time 102 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: October 12, 2017 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, October 12, 2017 Council Chambers.

Call to Order

Resolution

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – [September 14, 2017]

Resolution

Consent Applications from Previous Meetings:

S-53-13-S - Ben Pilon and Michelle Pilon - Concession 7, Lot 16, Washburn Road, District of Storrington - Consent to create a new residential lot

3 - 16

17 - 46

S-54-13-S - Ben Pilon and Michelle Pilon - Concession 7, Lot 16, Washburn Road, District of Storrington - Consent to create a new residential lot 6.

New Consent Applications:

S-47-17-B - Karen Phillips and Larry Phillips - Concession 9, Lot 27/28, Sellers Lane, District of Bedford -Consent to create a new residential lot

47 - 55

S-48-17-S - Earle Thompson and Patricia Thompson - Concession 9, Lot 20, Thompson Lane, District of Storrington - Consent to create a lot addition

56 - 61

S-49-17-B - Arie Doornekamp and Katherine Doornekamp Concession 12, Lot 13, Devil Lake Road, District of Bedford Consent to create a new lot

62 - 66

S-50-17-P - Neil Morey - Concession 14, Lot 3/4/5, Hinchinbrooke Road North, District of Portland - Consent to create a new residential lot

67 - 70

New Minor Variance Applications:

MV-40-17-S - Daniel Floyd and Jeanette Floyd - Concession 2, Lot 13, Red Maple Lane, District of Storrington - Variance to permit a reduction in rear yard for the construction of a dwelling

71 - 73

MV-41-17-S - Roderick and Margaret McKay - Concession 7, Lot 13, Sydenham Road, District of Storrington - Variance to permit an increase in height of an accessory building

74 - 76

Page 1 of 76

Other Business

Adjournment

Resolution

Page 2 of 76

TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT

MINUTES 17:08 September 14, 2017 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) Alan Revill (Bedford District-C) David Hahn (Bedford District) Larry Redden (Portland District) Ross Sutherland (Loughborough District-C) John Sherbino (Loughborough District) John McDougall (Portland District-C)

STAFF:

Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer

Table of Contents Item #1: Call to Order ………………………………………………………………………………………… 1 Item #2: Adoption of the Agenda …………………………………………………………………………. 1 Item #3: Declaration of Pecuniary Interest ……………………………………………………………. 1 Item #4: Approval of Minutes………………………………………………………………………………. 1 Item #5: MV-43-17-S (Hackett) …………………………………………………………………………… 2 Item #6: S-41-17-B (Campbell) …………………………………………………………………………… 3 Item #7: S-42-17-B (Morris)………………………………………………………………………………… 4 Item #8: S-43-17-S (Pater) …………………………………………………………………………………. 5 Item #9: S-44-17-L, S-45-17-L, S-46-17-L (Burns) …………………………………………………. 6 Item #10: MV-35-17-S (Tripp) …………………………………………………………………………….. 8 Item #11: MV-36-17-B (Byrtus) …………………………………………………………………………… 9 Item #12: MV-37-17-S (Payne) …………………………………………………………………………. 10 Item #13: MV-38-17-S (Erdman) ……………………………………………………………………….. 11 Item #14: MV-39-17-S (McKercher) …………………………………………………………………… 13 Item #15: Adjournment …………………………………………………………………………………….. 14 Item #1: Call to Order RESOLUTION:

C of A: 17:08:01

Moved by: J. McDougall

Seconded by: L. Redden

THAT the September 14, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:00 p.m. with Alan Revill in the Chair. Carried Item #2: Adoption of the Agenda Approved as circulated Item #3: Declaration of Pecuniary Interest None declared Item #4: Approval of Minutes RESOLUTION:

C of A: 17:08:02

Moved By: L. Redden

Seconded By: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the August 10, 2017 meeting of the Committee, as circulated. Page 3 of 76

Carried Item #5: MV-43-17-S (Hackett) Speaking to the Application: Bill Bishop (agent) Discussion: This application was originally brought to the committee in February 2017 and was deferred until the April 2017 meeting to give the applicant an opportunity to revise the proposal and reduce the proposed footprint. Nothing was submitted in writing to the Planning Department for review, but several committee members indicated the applicant had provide them with an alternative proposal which included the removal of approximately 230 square feet of existing decking area and a 76 square foot reduction in building size from the initial 912 proposed addition. After some discussion on the limited size of the proposed reductions and the fact nothing had been submitted in writing the committee members or recirculated to Cataraqui Region Conservation Authority (CRCA) it was moved that the item be deferred once again until the applicant had provided a revised proposal in writing to the Planning Department for recirculation. In July 2017 the applicant submitted a revised proposal which reduced the size of the proposed addition to 760 square feet from 912 square feet and reduced the size of the side deck to 35 square feet from 192 square feet. The revised proposal included a revised Environmental Site Evaluation completed by Ecological Services. This proposal was resubmitted to CRCA for comments. After evaluating the revisions submitted and acknowledging the decrease in overall lot coverage, the CRCA again recommended denial of the application in order to limit intensification of development near the lake and impact on what is designated as a Highly Sensitive (At Capacity) Lake Trout Lake. Original Proposal: The subject land consists of a 0.46 +/- acres with frontage on Loughborough Lake. The lot is currently developed with a 1053 square foot footprint seasonal dwelling (including attached decks), located 20 feet (6.2m) from the high water mark of Loughborough Lake, a 32 square foot shed and a 226 square foot boathouse. The proposal is for the construction of a 38 foot by 24 foot (912 square foot) addition to the non-water side of the existing dwelling. The property is zoned RLSW (Limited Service Residential Waterfront) which permits a maximum of 5% total lot coverage for the principal dwelling. For a 0.46 acre lot this translates into a maximum footprint of 1002 square feet. The existing dwelling exceeds this maximum and with the proposed addition the total footprint will increase to 1968 square feet. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The resulting structure would constitute a structure of 1968 square feet all within the normally requires 30m setback contrary to the intent of the Official Plan. The applicant has submitted a preliminary Environmental Impact Assessment completed by Ecological Services as the West Basin of Loughborough Lake is a Highly Sensitive Trout Lake. This assessment recommends the applicant enter into a site plan agreement to ensure proper maintenance of the septic holding tank. Cataraqui Region Conservation Authority has evaluated the application and is waterbodies for the purpose of protection of water quality. Comments from roads were not required. Public health has no objections as the applicant has recently replaced the holding tank on the property with one that is sufficient for the proposed development. R. Sleeth said he has visited the site multiple times, and recognized the applicant has made multiple revisions in order to attempt to satisfy the requirements of the CRCA and the Committee. He felt that the revisions fit with other recent decisions regarding lot coverage made by the Committee as well as being in keeping with existing development along Sandpiper Lane. K. Gee agreed with the position stated by R. Sleeth and said the EIS made some good recommendations so he would be able to support the application if these were included in the approval and site plan agreement. R. Sutherland stated that both the CRCA and the Township Planning staff have recommended denial of the application for valid reasons so why should the Committee approve the application. He said that while the applicant had reduced the proposal from the original application it was still significantly over the permitted lot coverage; that justifying an overage in lot coverage by starting at an excessive amount and working backward from there was not an appropriate way to make decisions. He said the proposal was out of proportion with the neighbours and was not a minor variance. D. Hahn stated that while the EIS made several recommendations, that they were not anything that is not already part of the standard environmental conditions in the Township’s site plan agreements which is required of all waterfront minor variances. He agreed with R. Sutherland that even the revised proposal was too excessive.

Page 4 of 76

3 R. Sleeth said the Committee should have compassion for the applicant as he was blind and needed accommodations for his disability. J. McDougall agreed with R. Sleeth in that these were exceptional circumstances. J. Sherbino said that the applicant’s blindness was not a good argument to justify the variance, that it was erroneous to use this as a basis for decision as it did not meet the planning process or criteria and heartstrings are not a good reason to go against valid recommendations. RESOLUTION:

C of A: 17:08:03

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-43-17-S by Ronald Hackett, to permit construction within the 30m setback from water, in Concession 1, Part Lot 11, Sandpiper Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-43-16-S Ronald Hackett Concession 1, Part Lot 11, Sandpiper Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary Section 5.8.2 of the Comprehensive Zoning By-law to permit construction within the 30m setback from HWM and Section 10.3.1 of the Comprehensive Zoning By-law to permit an increase in lot coverage over 5% Date of Hearing: February 9, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

This minor variance is for the construction of a 38 foot by 24 foot (760 square foot) single storey, no basement permitted, addition to the rear (non-water side) of the existing dwelling located at 1001 Sandpiper Lane. The applicant shall reduce the size of the existing 8 foot by 24 foot (192 square feet) side deck by 157 square feet to a size of 35 square feet.
Minor variance MV-43-16-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item #6: S-41-17-B (Campbell) Speaking to the Application: None Speaking Discussion: The subject land consists of 2.5 +/- acres with frontage on Copper Head Lane and Canoe Lake. The lot is currently developed with a single dwelling. The proposal is for the creation of a 0.05 +/- acre (2175 square feet) lot addition with approximately 20 feet of frontage on Canoe Lake. The purpose of this lot addition is to provide safe access to Canoe Lake from the lot it is to be added to given the steep topography of the shoreline in this area. The retained parcel will be 2.5 +/- acres in size and will have 170 +/- metres of frontage on Canoe Lake. The planning department is able to support the application for the proposed lot addition. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections. Page 5 of 76

RESOLUTION:

C of A: 17:08:04

Moved by: J. McDougall

Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-41-17-B by James Campbell, to approve a lot addition, in Concession 5, Part Lot 6, Copper Head Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

S-41-17-L James Campbell Concession 5, Lot/Part Lot 6, Copper Head Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create lot addition Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-41-17-B shall be for the creation of an approximately 2175 square foot lot addition with 20 feet of frontage on Canoe Lake.
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.
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 and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Item #7: S-42-17-B (Morris) Speaking to the Application: None Speaking Discussion: The subject land consists of 2.43 +/- acres with frontage on McNichols Lane and 35.5 metres of frontage on Thirty Island Lake. The lot is currently vacant. The proposal is for the creation of a 0.16 +/- acre lot addition that encompasses, and is the surveyed right-of-way for McNichols Lane. The owners of the lot to be enlarged, Paul and Janice McNichols believed they already owned this section of land and that it was joined with their lakefront cottage property. They have pipes for their septic system running underground in this location and are planning on trenching for electric cables for a proposed garage (approved minor variance MV-20-17-B). The purpose of this lot addition is to rectify this situation. This lot addition will increase the size of a significantly undersized waterfront lot. The retained parcel will be 2.3 +/- acres in size and will retain all 35.5 metres of frontage on Thirty Island Lake. The planning department is able to support the application for the proposed lot addition. Comments from Quinte Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION:

C of A: 17:08:05

Page 6 of 76

Moved by: D. Hahn

Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby approves consent application S-42-17-B by Stephen Morris, to approve a lot addition, in Concession 3, Part Lot 7, McNichols Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-42-17-B Stephen Morris Concession 3, Lot/Part Lot 7, McNichols Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create lot addition Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-42-17-B shall be for the creation of a 0.16 +/lot only to 490 McNichols Lane (PIN 362510085).
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.
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 and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Item #8: S-43-17-S (Pater) Speaking to the Application: None Speaking Discussion: The subject land consists of 37.8 +/- acres with frontage on Green Bay Road, Burridge Road Burridge Lake. The lot is currently listed as vacant. However during site inspection the building department discovered multiple structures. The proposal is for the creation of a 1.58 +/- acre lot addition approximately 97 feet of frontage on Burridge Lake and no road frontage. The retained parcel will be 35 +/- acres in size and will encompass the existing structures. The planning department is able to support the application for the proposed lot addition. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. The building department visited the site and they have no objections to the application. However, during the site visit it was discovered that there multiple structures that appear to have been constructed without any building permits or planning permission. There is a 12.4 foot by 10.3 foot cabin with attached 16.6 foot by 12 foot deck located approximately 12 feet from Burridge Lake, plus a 12.2 foot by 8.3 foot shed located approximately 45 feet from Burridge Lake. The building department has issued a letter advising the applicant that these structures do not meet the setbacks required by the zoning by-law from the lake, that they are too small to be considered principal structures on the property, that they would have required building permits for construction and as such need to be removed. These structures are located on what would be the retained parcel. The subject land consists of 6.5 +/- acres with frontage on North Shore Road and Loughborough Lake. The lot is currently developed with a single detached dwelling. The proposal is for the creation

Page 7 of 76

6 of a 3.32 +/- acre lot encompassing the eastern half of the existing property. The retained parcel will be 3.52 +/- acres in size and have 274m of frontage on Loughborough Lake and a minimum of 76m of frontage on North Shore Road. A significant portion of the area of the proposed lot encompasses defined wetland areas and as such is unsuitable for development. The applicant has proposed this severance for the purposes of deeding the new lot to the Nature Conservancy of Canada to allow for proper management and long-term protection of this wetland area. The planning department is able to support the application for the proposed new lot. Cataraqui Region Conservation Authority has no objections the proposal provided that the lot to be created is required to be rezoned in such a way to prohibit future development on the lot. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION:

C of A: 17:08:06

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-43-17-S by Joseph Pater, to create a new lot, in Concession 11, Part Lot 8, North Shore Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-43-17-S Elizabeth & Joseph Pater Concession 11, Lot/Part Lot 8, North Shore Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create lot addition Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-43-17-S shall be for the creation of a 3.32 +/acre lot with 109 metres of frontage on North Shore Road and 314 metres of frontage on Loughborough Lake. The retained parcel must have a minimum of 76 metres of frontage on North Shore Road.
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.
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 and that this work be accomplished prior to the stamping of the deeds.
Prior to the stamping of the deeds for the lot to be created through Consent Application S-4317-S, the applicant shall be required to rezone the new lot from Residential Waterfront (RW) to Open Space – Private (OSP) in order to limit future development on the property. Please see Planner Lindsay Mills to begin this process.
A road widening dedication to the satisfaction of the Township will be required. Item #9: S-44-17-L, S-45-17-L, S-46-17-L (Burns) Speaking to the Application: Gord Burns (agent) Discussion:

Page 8 of 76

7 The subject land consists of 147 +/- acres with frontage on North Shore Road and Leland Road. The lot is currently vacant. Previously there had been two Consent Applications given Provisional Approval (S-15-17-L and S-24-17-L), however the applicant had formally withdrawn these applications in order to submit the current applications. The proposals are for the creation two 2.15 +/acre residential lots, each with a minimum of 76m of frontage on North Shore Road, and one 50 +/acre lot with approximately 455m of frontage on North Shore Road. The retained parcel will be approximately 92.5 +/- acres in size and have frontage on North Shore Road and Leland Road. There are significant portions of the subject property which are designated as Provincially Significant Wetland, however both proposed 2.15 +/- acre residential lots are outside the required 120m setback for development and the 50 +/- acre lot has sufficient land area outside this required setback for a building envelope. The planning department is able to support the application for the proposed new lots. Cataraqui Region Conservation Authority has no objections to the creation of any of the three lots to be created. KFL&A Public Health have indicated that the lot to be created through consent application S-44-17-L (northern 2 acre lot) is flexible in terms of siting a septic system; and that the lot to be created through consent application S-45-17-L (southern 2 acre lot) has a site specific septic location along the northern edge of the proposed lot due to limited soil depth over the remainder of the lot. Comments for the lot to be created through consent application S-46-17-L were not required from KFL&A. Public Works has no objections. The building department has no objections. RESOLUTION:

C of A: 17:08:07

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-44-17-L by Geoffrey & Amanda Burns, Jeffrey & Jocelyn Ingle to create a new lot, in Concession 7, Part Lot 24, North Shore Road, District of Loughborough, subject to conditions. Carried RESOLUTION:

C of A: 17:08:08

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-45-17-L by Geoffrey & Amanda Burns, Jeffrey & Jocelyn Ingle to create a new lot, in Concession 7, Part Lot 24, North Shore Road, District of Loughborough, subject to conditions. Carried RESOLUTION:

C of A: 17:08:09

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-46-17-L by Geoffrey & Amanda Burns, Jeffrey & Jocelyn Ingle to create a new lot, in Concession 7, Part Lot 24, North Shore Road, District of Loughborough, subject to conditions. Carried

Application No: Owner: Location of Property:

S-44-17-L, S-45-17-L & S-46-17-L Geoffrey & Amanda Burns, Jeffrey & Jocelyn Ingle Concession 7, Part Lot 24, North Shore Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create three new lots Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

Page 9 of 76

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-44-17-L shall be for the creation of a 2.15 +/acre lot with 90 metres of frontage on North Shore Road.
The land to be severed by Consent Application S-45-17-L shall be for the creation of a 2.15 +/acre lot with approximately 190 metres of frontage on North Shore Road.
The land to be severed by Consent Application S-45-17-L shall be for the creation of a 25.7 +/acre lot with 455 metres of frontage on North Shore Road; the northern edge of which shall follow the boundary of the Provincially Significant Wetland.
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.
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 and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive 5% of the value of each of the severed parcels to be created through consent applications S-44-17-L, S-45-17-L and S-46-17-L in lieu of parkland [Planning Act, s. 51(1)].
The surveyor who prepares the reference plan referred to in condition #1 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 and/or retained 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.
The applicant must 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-44-17-L.
The applicant must 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-45-17-L. Item #10: MV-35-17-S (Tripp) Speaking to the Application: None Speaking Page 10 of 76

Discussion: The subject land consists of 0.86 +/- acres with frontage on Red Maple Lane and Loughborough Lake. The property is currently developed with a single detached dwelling and a detached accessory building. The proposal is for the construction of a 26 foot by 15 foot addition to the existing dwelling which will reduce the separation between the principal dwelling and the detached accessory building to 1.52 metres (5 feet) from the normally required 3 metres. The Planning Department is able to support the application. Comments from KFL&A Public Health were not required as approval has already been obtained. Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. RESOLUTION:

C of A: 17:08:10

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-35-17-S by John Tripp to permit a reduction in the setback between buildings, in Concession 2, Part Lot 12/13, Red Maple Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-35-17-S John Tripp and Taryn Turnbull Concession 2, Lot/Part Lot 12/13, Red Maple Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.24.6 of the Comprehensive Zoning By-law 2003-75 to permit a reduction of the required building separation from 3m to 1.5m Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

This minor variance is for the construction of a 400 square foot addition to an existing dwelling to be located a minimum of 1.52 metres, at the foundation, from the existing detached accessory building.
Minor variance MV-35-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item #11: MV-36-17-B (Byrtus) Speaking to the Application: None Speaking Discussion: The subject land consists of 0.3 +/- acres with frontage on Upper Lake Lane and Burridge Lake. The property is currently developed with a single detached dwelling located approximately 41 feet from the high water mark of Burridge Lake. The proposal is for an increase in height of the existing structure to permit foundation reconstruction and the creation of a crawlspace (maximum height of 6 feet) for the relocation of services, plus the addition of an 8 foot by 12 foot addition to the south west side of the building. The proposed addition is to facilitate the expansion of the existing bathroom to increase functionality and add storage space, in addition to providing enclosed stairway access to the crawlspace. This addition will be set back 5 feet from the front face of the dwelling and will have a setback from the water of 46 feet. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. Comments from KFL&A Public Health and Public Works were not required.

Page 11 of 76

10 Rideau Valley Conservation Authority has no objection to the minor variance provided several site best management practices are incorporated into the site plan agreement. The building department has no objections. D. Hahn visited the site and thinks the RVCA conditions are excellent for the site. He would like these same conditions applied to all the other smaller buildings on the lot as many of them were lacking proper eavestroughs and downspouts which could direct the runoff away from the lake. J. Sherbino agreed with D. Hahn and said it is very important to ensure environmental policies are followed when the Committee makes decisions. RESOLUTION:

C of A: 17:08:11

Moved by: J. McDougall

Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-36-17-B by Darcy & Catherine Byrtus, to permit construction of an addition to an existing dwelling within the 30m setback from water, in Concession 7, Part Lot 22, Upper Lake Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

MV-36-17-B Darcy & Catherine Byrtus Concession 7, Lot/Part Lot 22, Upper Lake Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of an addition to a dwelling within the 30m setback from water Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

This minor variance is for a maximum six (6) foot increase in height of the existing structure to permit a crawlspace only (no basement, or living space permitted); plus the construction of an 8 foot by 15 foot addition to the southwest side of the existing structure. This addition is to be constructed a minimum of 46 feet from the high water mark of Burridge Lake.
Minor variance MV-36-17-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit will be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. This site plan shall include the detailed site recommendations in the report from Rideau Valley Conservation Authority dated September 12, 2017. Item #12: MV-37-17-S (Payne) Speaking to the Application: Donna & Joseph Payne Discussion: The subject land consists of 1.32 +/- acres with frontage on Carrying Place Lane and Dog Lake. The property is currently developed with a single detached dwelling, and multiple accessory buildings. The proposal is for demolition of the existing cottage and the construction of a new dwelling, with attached garage, to be located a minimum of 19.1 metres from the high water mark of Dog Lake. The existing cottage has a deck on the water side of the dwelling which extends to 13 metres from the high water mark; the applicant is planning on retaining this deck structure. The topography of the property is

Page 12 of 76

11 such that there is a ridge of land close behind the existing dwelling which limits the opportunity for an increase in setback from the water. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Planning Department is able to support the application. Comments from KFL&A Public Health were not required. The Rideau Waterway Development Review Team has no objections to the proposal and recognizes the topographical challenges on the property. The building department has no objections. Planner L. Mills recommends removal of the existing deck as a condition of approval. R. Sleeth agrees with the recommendation to remove the deck and the fact that topography plays a big role in limiting construction options on the property. RESOLUTION:

C of A: 17:08:12

Moved by: K. Gee

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-37-17-S by Joseph and Donna Payne, to permit construction of a new dwelling within the 30m setback from water, in Concession 10, Part Lot 27, Carrying Lake Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-37-17-S Joseph & Donna Payne Concession 7, Lot/Part Lot 22, Carrying Place Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 8.3.3 of the Comprehensive Zoning By-law 2003-75 to permit construction of new dwelling within the 30m setback from water Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

This minor variance is for the demolition of the existing cottage and the construction of a new single detached dwelling to be located a minimum of 19 metres from the high water mark of Dog Lake. The existing deck located 13 metres from the high water mark is to be removed and a deck of the same size is permitted to be constructed a minimum of 19 metres from the high water mark.
Minor variance MV-37-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority and the Parks Canada – Rideau Canal Office for the proposed development, and for any shoreline or in-water works. Item #13: MV-38-17-S (Erdman) Speaking to the Application: Mark & Christine Erdman Discussion: The subject land consists of 1.32 +/- acres with frontage on Carrying Place Lane and Dog Lake. The property is currently developed with a single detached dwelling, and a detached accessory building. The proposal is for the reconstruction of the roofline and several portions of the existing dwelling, including a cantilevered deck over a brick potion on the water side of the dwelling. This reconstruction will increase the width of this deck by 2 feet for safety purposes and require additional supports to be Page 13 of 76

12 located within the footprint of the existing brick patio. This variance is for the 2 foot reduction in setback of this deck from Dog Lake from 55 feet to 53 feet. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Planning Department is able to support the application. Comments from KFL&A Public Health were not required. The Rideau Waterway Development Review Team has evaluated the proposal and noted that the proposed development is located outside the setback from the regulatory floodplain and outside the erosion hazard allowance as defined by Cataraqui Region Conservation Authority. However, as the proposed development encroaches farther into the required setback that the existing dwelling they are recommending denial of the application. The building department has no objections. The Committee members had discussions regarding the reasons why the applicant was requesting the additional encroachment into the already reduced setback. R. Sutherland and J. Sherbino had concerns regarding granting this variance and effect on future applications, what the reason for the expansion was and that comfort of the applicant should not be a factor in the decision. D. Hahn said this really was a minor variance and was appropriate for the development of the property; that the Committee should consider all of the four tests of a minor variance when making decisions. He also asked for an adjustment to the site plan required as a condition to include wording to deal effectively with management of runoff from downspouts on the structure. M. Erdman said the proposed expansion was for comfort and safety reasons; that he appreciated the environmental concerns but that the expansion will have no effect on the riparian area as it is over an area already hardened with a brick patio and he was happy to accommodate any additional environmental concerns the Committee raised. RESOLUTION:

C of A: 17:08:13

Moved by: D. Hahn

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby amends the site plan required in condition 4 to include specific conditions addressing the runoff from downspouts. Carried RESOLUTION: Moved by: R. Sleeth

C of A: 17:08:14 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-38-17-S by Mark & Christine Erdman, to permit construction of an addition to an existing dwelling within the 30m setback from water, in Concession 10, Part Lot 27, Robert Hogan Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-38-17-S Mark and Christine Erdman Concession 10, Lot/Part Lot 27, Robert Hogan Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of an addition to a dwelling within the 30m setback from water Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

This minor variance is for the renovation of an existing dwelling and deck. The reconstruction of the deck is permitted to include a 2 foot increase to the existing width, reducing the setback to 53 feet from the high water mark of Dog Lake.

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13 2. Minor variance MV-38-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. 3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. 4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority and the Parks Canada – Rideau Canal Office for the proposed development, and for any shoreline or in-water works. Item #14: MV-39-17-S (McKercher) Speaking to the Application: None Speaking Discussion: The subject land consists of 3.78 +/- acres with frontage on Sandstone Court and Collins Lake. The property is currently developed with a single detached dwelling. The proposal is for the construction of an accessory building between the existing dwelling and the public road in the defined front yard. The proposed location is outside the 20m required setback from the road at a distance of 40m and will be screened from the road by trees. The Planning Department is able to support the application. The building department has no objections. Comments from KFL&A Public Health were not required. Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. Planner L.Mills expressed concerns over the existing shed constructed within the 30m setback which had no permits or planning permission; he recommended adding the removal of this structure to the conditions of the minor variance. R. Sleeth has visited the site and agrees the proposed shed location is appropriate for the property. He agrees with including the removal of the existing structure as a condition. RESOLUTION: Moved by: R. Sleeth

C of A: 17:08:15 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-39-17-S by Paul McKercher, to permit construction of an accessory building in front of the principal building, in Concession 2, Part Lot 22, Sandstone Court, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-39-17-S Paul McKercher Concession 2, Lot/Part Lot 22, Sandstone Court, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.24.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of an accessory building in front of the main building Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

This minor variance is for the construction of a maximum 350 square foot detached accessory building to be located a minimum of 40m from the front lot line of 12 Sandstone Court.
Prior to the issuance of a building permit for the accessory building permitted in Condition 1, the applicant shall remove the accessory structure constructed within the 30m setback from the high water mark of Collins Lake without planning permission.
Minor variance MV-39-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Page 15 of 76

A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item #15: Adjournment RESOLUTION: Moved by: R. Sleeth

C of A: 17:08:15 Seconded by: K. Gee

THAT the September 14, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 8:10 p.m. to reconvene at 7:00 p.m. on Thursday, October 12, 2017 or at the call of the Chair. Carried

Alan Revill Chair

Lindsay Mills Secretary-Treasurer

Page 16 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date: October 6, 2017 Application No: Owner: Location of Property:

S-53-17-S, S-54-13-S Ben and Michelle Pilon Concession 7, Part Lot 16, Washburn Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: October 12, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.

BACKGROUND This application was originally brought to the Committee in November 2013, but was deferred pending further analysis and comments by Cataraqui Region Conservation Authority. Original Proposal: The subject lands consist of 101+ acres fronting on Washburn & Sunbury Roads. Applications S-53-13-S and S-54-13-S are for the creation of a 3.7 acre and a 2 acre residential lot. There is a large drain running along the west side of S-53-13-S, with run-off running under Washburn Road. A condition has been included which requires that the owner of the lot created through consent application S-53-13-S maintain the portion of the drain which runs through that lot. The applicant has adjusted the frontage on Washburn Road for S-53-13-S based on results from further environmental assessments. The frontage proposed now is 97.8 metres. The frontage on Washburn Road for S-54-13-S remains unchanged at 76 metres. This adjustment of frontage reduces the frontage of the retained parcel on Washburn Road to 26.8 metres. The planning department is able to support the application for S-53-13-S but is unable to support the application for S-54-13-S as it leaves too little frontage on Washburn Road for the retained parcel. Current Zoning: Rural Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS Cataraqui Region Conservation Authority has completed a detailed analysis of the proposal. The drain running through the western proposed lot (S-53-13-S) created a situation where there insufficient space for a building envelope which met all the required setbacks. The applicant hired Greer Galloway Group to determine a location for a building envelope on this lot as well as determine an appropriate driveway location. The result of this study was provided to CRCA for review. The CRCA agreed to permit cut and fill on the proposed lot to allow for the construction of a new driveway based on an entrance approved by Public Works. As a result CRCA now have no objections to the proposal based on the revised size of the western lot. KFL&A public health has no objections to the proposal. Public Works has no objections. The building department has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a Page 17 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 2. The land to be severed by Consent Application S-53-13-S shall be for the creation of a 3.7 acre lot, with a minimum of 97.8 metres of frontage on Washburn Road. 3. The land to be severed by Consent Application S-54-14-S shall be for the creation of a minimum 2 acre lot, with a minimum of 76 metres of frontage on Washburn Road. 4. 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. 5. 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 and that this work be accomplished prior to the stamping of the deeds. 6. The surveyor who prepares the reference plan referred to in condition #1 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 and/or retained 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. 7. The applicant must 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-53-13-S. 8. The applicant must 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-54-13-S. 9. The owner of the lot created through consent S-53-13-S shall be responsible for the ongoing maintenance of the drain which runs through the west side of the lot.

ATTACHMENTS Map of Pilon Property

Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 18 of 76

Dog Lake

SONNEVELD ROAD

SUN

Y RO BUR

PILON S-53-13-S S-54-13-S

Cataraqui River (Rideau Canal)

Legend Pilon Property Pilon Proposed Lots

Retained Parcel

1780 Washburn Road

ashburn 1788 W ad burn Ro h s a W 1824

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

Cataraqui River (Rideau Canal)

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 19 of 76

1839 Washburn Road D RN ROA WASHBU

Scale 1:7,778 0

37.5 75

150

225

UTM Projection NAD 83

300 Meters

KINGSTON The Woolen Mill 6 Cataraqui St, Suite 108 Kingston, ON K7K 1Z7 T 613.542.5454

October 11, 2017

fotenn.com

Mr. Lindsay Mills Planner, Deputy Clerk Township of South Frontenanc 4432 George Street Sydenham, ON RE:

Consent Applications S-53-13-S and S-54-13-S Ben Pilon and Michelle Purdon Part of Lot 16, Concession 7, Washburn Road, former Township of Storrington, Township of South Frontenac

Dear Mr. Mills, Fotenn Consultants Inc. has been retained by Ben Pilon and Michelle Purdon to prepare an opinion letter in relation to applications for consent to sever two lots from the subject property at Part of Lot 16, Concession 7, former Township of Storrington now Township of South Frontenac. The subject property is a 41.2 hectare parcel with approximately 201 metres of frontage on Washburn Road and approximately 270 metres of frontage on Sunbury Road. Our client is seeking to sever two lots, referred to throughout our letter as the westernmost or easternmost lots, from the Washburn Road frontage of the site. The proposed severances as well as the background of this file and our detailed opinion is provided herein. It is our professional planning opinion that the proposed severances conform to the Township’s Official Plan and Zoning By-law and that the proposed severances can be supported from a land use planning perspective. Should any additional planning approvals be required by the Committee of Adjustment for the retained lands, these can be required as conditions of the proposed consent applications. It is our opinion, however, that the retained lot does not require additional planning approvals.

Figure 1: Severance Sketch (see Appendix 1 for enlarged version)

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2 Proposal + Application History Ben Pilon and Michelle Purdon have been pursuing severance applications at the subject site since 2013. Three applications for consent to sever were originally presented to the Committee of Adjustment on November 14, 2013. One lot was proposed on the Sunbury Road frontage and two lots were proposed along the Washburn Road frontage, for a total of four lots (three severed + one retained). The proposed severances were as follows: / S-53-13-S: 0.8 hectares, 97.8 metres frontage (westernmost lot); / S-54-13-S: 1.4 hectares, 76 metres frontage (easternmost lot); / S-55-13-S: 1.2 hectares, +-140 metres frontage (Sunbury Road lot). The Sunbury Road severance (S-55-13-S) was approved by the Committee of Adjustment on November 14, 2013. At that time, staff recommended deferral of the other two severances to provide an opportunity for the Cataraqui Region Conservation Authority (CRCA) to comment on setback requirements for an existing watercourse affecting, or potentially affecting, the two proposed lots on the Washburn Road frontage. Staff also indicated at the time that the severances would reduce the Washburn Road frontage of the retained lot to below 76 metres, however the implications of such a reduction in frontage were not defined. Following the November 14, 2013 Committee of Adjustment meeting, the applicant has been working with the Township and CRCA to resolve technical matters relating to the applications. The technical process resulted in revised lot area and frontages for the two proposed Washburn lots: / S-53-13-S: 1.1 hectares, 98.0 metres frontage (westernmost lot); / S-54-13-S: 0.9 hectares, 76.8 metres frontage (easternmost lot); / Retained: 38 hectares, +-270 metres frontage on Sunbury Road, 26.9 metres frontage on Washburn Road. Flooding Hazard In a letter dated December 11, 2013, the Cataraqui Region Conservation Authority (CRCA) identified concerns relating to an existing watercourse and associated floodplain in the westerly portion of the subject property. The CRCA was concerned that there may not have been sufficient building envelope outside of the setbacks from the top of bank and the regulatory (1:100 year) floodplain. The CRCA proposed alternative lot configurations to provide a building envelope on the westernmost lot but their proposals utilized imperfect site information taken from LiDAR and aerial photography. The CRCA advised the applicant that a detailed engineering review of the watercourse to map the floodplain and top of bank would allow the applicant to identify an accurate and appropriate building envelope on the proposed lot. The applicant engaged the services of Greer Galloway Group (GGG) to provide hydraulic and hydrologic mapping and analysis of the watercourse and floodplain. GGG’s report, dated April 2017, identified the precise location of the top of bank and the floodplain on the property and allowed for the mapping of a suitable building envelope, outside of any top of bank or floodplain setback, on the westernmost Washburn Road lot. The CRCA reviewed GGG’s report and agreed with the recommendations. Through further consultation with CRCA, it was determined that a cut-and-fill permit will be required to allow the driveway to cross a small portion of the 1:100 year flood plain as shown in Figure 1. The CRCA have indicated that they are supportive of this approach. While a portion of the 30 metre setback for the 1:100 year flood plain exists on the easternmost lot, the CRCA does not require a permit for driveway construction within the setback distance, only within the floodplain itself. By meeting the requirements of the CRCA, the proposed severances will comply with Section 3.1 of the Provincial Policy Statement and with O.Reg 148/06. In their original letter, the CRCA also raised a concern that the watercourse may have been altered without the CRCA’s permission, at some point in the past. The details of the CRCA’s investigation have not been made available, although our client has advised us that the CRCA did not pursue this line of inquiry further.

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3 This matter has no bearing on the current applications as the top of bank and floodplain setbacks have been taken from the watercourse’s current location, and no change to the watercourse is proposed by our client. Areas of Influence The subject site is in proximity to a former landfill and an existing pit. The former landfill is located approximately 500 metres east of the subject site and is currently farmed. The Township advised early in the application process that the closed landfill was of a sufficient distance that it would not trigger the Area of Influence policy for Waste Disposal operations. An existing pit, identified as the Corrigan Pit, is located approximately 240 metres east of the subject property, also on Washburn Road. Section 5.5.2 of the Official Plan specifies an area of influence of 150 metres for a pit above the water table and 300 metres for a pit below the water table. The Corrigan Pit is a Class ‘A’ operating above the water table, requiring an area of influence of 150 metres according to the Official Plan. As such, the two proposed severed lots are located outside of the area of influence. Road Entrances The Public Works department reviewed the proposed severances and approved the locations of the two proposed driveway entrances to Washburn Road. Access to the lots from Washburn Road will therefore not be an item of concern. Private Servicing The Township typically requires that the Kingston, Frontenac, Lennox & Addington (KFLA) Public Health Unit review a test pit on the subject site to confirm that soil depth and type is appropriate for a septic system. The Health Unit has issued approval for the proposed septic locations in prior correspondence to the Township. A standard condition of consent in the Township requires applicants to submit a well-driller’s report confirming the provision of adequate quality and quantity of drinking water. Such a condition is appropriate for the proposed severances. Retained Lot Frontage The subject property has a frontage of approximately 201 metres on Washburn Road. This frontage is insufficient to accommodate three frontages that meet the minimum frontage requirement of 76 metres identified in the Official Plan. In order for the two proposed lots to meet the minimum frontage requirement and to provide sufficient building envelope to accommodate floodplain setbacks, the Washburn Road frontage of the retained lot is proposed to be reduced to 27.6 metres. The Official Plan policy regarding minimum rural residential lot frontage specifies only that a lot must have a minimum lot frontage of 76 metres. The retained lot will exceed this frontage requirement on Sunbury Road. The Official Plan does not contemplate “through” lots such as the subject property. The following section discusses the Official Plan policy in more detail. This proposed lot fabric was designed pursuant to correspondence from the Township’s planner advising that a minimum frontage of 20 metres would be supportable by the Township. The Township’s position has since changed to the extent that planning staff no longer support the 27.6 metre frontage on Washburn Road for the retained lot. Please see Appendix 2 for the referenced correspondence.

Official Plan The subject property is designated Rural on Schedule “A” Land Use Plan of the Township of South Frontenenac Official Plan. Section 5.7.4 of the Official Plan allows the creation of residential lots on private services in Rural areas provided that the retained and the proposed lots maintain a minimum of 76 metres (250 ft.) in frontage on a public road and a minimum lot area of 0.8 hectares (2 acres). For clarity, Section 5.7.4(ii)(a) states:

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4 The frontage, size and shape of any lot for rural residential purposes created through the severance approval process shall be appropriate for the proposed use and shall conform with the provisions of the zoning by-law. As a rule, the minimum lot size shall be 0.8 hectares (2 acres) with 76 metres (250 ft.) of frontage on a public road for non-waterfront lots and 1 hectare (2.5 acres) with 76 metres (250 ft.) of frontage on a public road and 91 metres (300 ft.) of water frontage for waterfront lots. The municipality may consider reductions to the minimum lot size and frontage requirements provided the overall intent of the Plan is maintained. The frontage of the proposed severed lots is 98.0 metres for the westernmost lot and 76.8 metres for the easternmost lot. The retained lot will maintain an excees of 76 metres of frontage on Sunbury Road, while the Washburn Road frontage will be reduced to 26.9 metres. The Official Plan indicates that the municipality may consider reductions to the minimum lot frontage requirement, provided that the overall intent of the Plan is maintained. The proposed severances will maintain the intent of the Official Plan, in that: / / /

The retained lot will maintain a minimum of 76 metres of frontage on Sunbury Road and a lot area in excess of 0.8 hectares; The reduced frontage for the retained lot on Washburn Road will maintain an existing entrance to the site, shown below in Figure 2; As the retained lot will have maximized its severance potential, any further lot creation on the land must proceed by plan of subdivision. Given the restrictive limitations for driveways on former County roads, such as Sunbury Road, the Washburn Road access may be the only suitable road access for a future subdivision. By maintaining this strip of Washburn Road frontage, the maximum development potential on the retained lands is preserved.

Figure 2: Existing Washburn Road entrance (Google Streetview)

Zoning By-law The subject site is zoned Rural Zone (RU) in the Township of South Frontenac Zoning By-law 2003-75. For single detached residential uses, such as the two proposed lots, the RU zone requires a minimum lot area of 0.8 hectares and a minimum frontage of 76 metres. For agricultural, conservation and wood lot uses (et al), the RU zone requires a minimum lot area of 0.8 hectares but no minimum lot frontage. Retained Lot Our client currently uses the retained portion of the lot as a wood lot, using it to collect maple syrup, for ATV trails, hiking, and general outdoor recreation for personal use. Our client has no intention of constructing a

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5 single-detached dwelling on the retained lot, therefore the zoning by-law does not require a minimum frontage for the retained lot. Severed Lots The westernmost lot (S-53-13-S) would provide 98.0 metres (321.6 feet) of frontage on Washburn Road with a lot area of approximately 1.1 hectares (2.7 acres). The easternmost lot (S-54-13-S) would provide 76.8 (251.9 feet) metres of frontage and a lot area of 0.9 hectares (2.2 acres). The two severed lots meet the minimum lot frontage and area requirements of the zoning by-law. Should you have any questions or comments, please do not hesitate to contact me at 613.542.5454 x 221 or keene@fotenn.com. Respectfully submitted,

Mike Keene, MCIP RPP Associate Director, Planning + Development Fotenn Consultants Inc.

Page 24 of 76

APPENDIX 1: SEVERANCE SKETCH KEY MAP

Concession 7, Lot 16 Washburn Road

Retained Lot Area: 38.0 ha

Lot Severance & Proposed Driveway

D AR Y R

Legend

SUBJECT SITE

Proposed Lot

S-54-13-S Lot Area: 0.9 ha

pla

flo se

1:100 Year Floodplain Boundary

Top of Bank Top of Bank Setback

30m

m 20

top

. 76

ank bac

set

u rco rse m

A TY

26 s

tre

e 8m

T ON

of b

YARD

Proposed Driveway

30m Floodplain Setback

pla

te Wa

IDE 3m S

Proposed Building Footprint

f ban

Top o

tba

Flo

ARD 3m SIDE Y

30 S-53-13-S Lot Area: 1.1 ha

Yard Setbacks 3m SIDE YARD

A RE

Lot Line ARD 3m SIDE Y

D AR Y R

Watercourse

e etr

Topography

CLIENT: Mr. BEN PILON PREPARED BY: FT REVIEWED BY: MK DATE: 10/10/2017

O NR

B SH

1:400

s tre e m

Page 25 of 76

KINGSTON 108-6 Cataraqui Street Kingston, ON K7K 1Z7 T 613.542.5454 fotenn.com

APPENDIX 2: CORRESPONDENCE

Page 26 of 76

WASHBURN ROAD 100-YEAR FLOOD PLAIN APRIL 2017

GGG PROJECT NO. 17-5-6058

Prepared by:

Page 27 of 76

17-5-6058 Washburn Road Hydrology and Hydraulics Report

Table of Contents 1.0 INTRODUCTION ……………………………………………………………………………………………………………………………………… 1 2.0 DESIGN OBJECTIVE ……………………………………………………………………………………………………………………………….. 2 2.1

Proposed Redevelopment ………………………………………………………………………………………………………………….. 2

3.0 HYDROLOGIC ANALYSIS ……………………………………………………………………………………………………………………….. 3 3.1 3.2 3.3 3.4

Watershed Characteristics ………………………………………………………………………………………………………………….. 3 Soil Conditions ………………………………………………………………………………………………………………………………….. 4 Hydrologic Properties …………………………………………………………………………………………………………………………. 5 Design Flows…………………………………………………………………………………………………………………………………….. 5

4.0 HYDRAULIC ANALYSIS …………………………………………………………………………………………………………………………… 6 4.1 4.2

Existing Culvert Structure …………………………………………………………………………………………………………………… 6 HY-8 Hydraulic Analysis …………………………………………………………………………………………………………………….. 7

5.0 CONCLUSIONS ………………………………………………………………………………………………………………………………………. 7

Table of Tables Table 3-1: Washburn Road Watershed Land Cover …………………………………………………………………………………………………… 4 Table 3-2: Washburn Road Watershed Properties ……………………………………………………………………………………………………… 5 Table 3-3: Washburn Road Composite Runoff Coefficient …………………………………………………………………………………………… 5 Table 3-4: Washburn Road Culvert Peak Flows ………………………………………………………………………………………………………… 6 Table 4-1: Washburn Road Culvert Properties …………………………………………………………………………………………………………… 6 Table 4-2: Washburn Road Summary of Flows at Culvert …………………………………………………………………………………………… 7

Table of Figures Figure 1-1: Approximate Location of Desired Severances on Washburn Road ………………………………………………………………. 1 Figure 1-2: Approximate Location of Desired Lot Severances on Washburn Road …………………………………………………………. 2 Figure 3-1: Desert Lake Road Watershed Area, 87.7 ha …………………………………………………………………………………………….. 3 Figure 3-2: Washburn Road Watershed Soil Type, Predominantly Seeleys Bay Silt Loam ……………………………………………… 4

Table of Appendices Appendix A – Peak Flow Calculations Appendix B – Flow Analysis Appendix C –100-year Flood Plain

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17-5-6058 Washburn Road Hydrology and Hydraulics Report

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1.0 Introduction The Greer Galloway Group was retained by Benjamin Pilon to complete a hydrologic assessment for the proposed severance and subsequent development of two lots on Washburn Road. The focus of this assessment was to identify the 100-year floodplain in relation to the unnamed creek that runs north-south through the proposed western severance S-53-13-S. For the purpose of future development, a setback of 30m from the 100-year flood plain will also be identified to ensure any future development compatible with the Official Plan and Zoning By-Laws. The creek is a tributary to the River Styx/Rideau Canal System. The proposed lots are located along Washburn Road as shown in Figures 1-1 and 1-2.

Figure 1-1: Approximate Location of Desired Severances on Washburn Road

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Figure 1-2: Approximate Location of Desired Lot Severances on Washburn Road

2.0 Design Objective The primary design purpose for this report is the identification of the (1:100 year) flood plain for the unnamed creek on the Washburn Road property. This is necessary as required by the CRCA in accordance with Ontario Regulation 148/06 and as per Section 3.1 of the Provincial Policy Statement that directs that new development should not occur on subject lands that have potential flood risks. Currently there is no existing flood plain mapping for the subject property, thus the (1:100 year) flood plain has not been estimated. The purpose of this report is to identify the 100-year flood plain using hydrology and hydraulic modelling. 2.1

Proposed Redevelopment

Severance lot S-53-13-S will be subject to severance for development pending the identification of the 100-year flood plain. The identification of the flood plain provides the boundary from which no development can occur. The proposed development includes the severance of a 0.8 ha parcel of vacant land from a 41.2 ha property. The severance location would be adjacent to an existing residential lot (1878 Washburn road) to the west and severance S-54-13-S to the east. The site primarily consists of rolling hills and ridges. There are several low-lying wetland areas also present on the property. An unnamed watercourse, consisting of a wide, flat creek bed, runs north to south through the southern two-thirds of the property. The proposed lot to be severed would consist of the creek valley to the west and wooded area to the east.

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17-5-6058 Washburn Road Hydrology and Hydraulics Report

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3.0 Hydrologic Analysis 3.1

Watershed Characteristics

The watershed area for Washburn Road was determined using the Ministry of Natural Resources and Forestry’s Ontario Flow Assessment Tools (OFAT) III. The watershed for the unnamed creek was found to have a total area of approximately 87.7 ha. For the purpose of this report the exiting culvert located on Washburn road will be considered the outlet for the watershed. This culvert is located directly downstream (south) from the proposed severance and acts as a restriction in the watershed. Any potential flooding that would occur in the unnamed creek would be amplified at this location as the road crosses the floodplain and acts as a berm with the culvert acting as a restriction. Figure 3-1 below outlines the catchment area for the unnamed creek north of Washburn Road.

Figure 3-1: Desert Lake Road Watershed Area, 87.7 ha

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The predominant ground covers for the watershed area are agriculture/rural land use, wetland, and woodland. Table 3-1 below summarizes all ground cover present in the watershed obtained from the OFAT model. Table 3-1: Washburn Road Watershed Land Cover Land Cover

Area (ha)

Area (%)

Agriculture/Rural

62.033

Hedge Rows

2.250

Swamp

2.813

Treed Upland

1.935

Deciduous Trees

15.818

Mixed Treed

1.305

Infrastructure (Roads)

1.418

Sand/Gravel

0.810

87.7

100

Total:

3.2

Soil Conditions

Based on the Frontenac County Soil Maps from the Ontario Soil Survey, the watershed area consists of well drained Seeleys Bay silt loam. As per Design Chart 1.08 – Hydrologic Soil Groups, the soil in the watershed area is therefore classified as group BC.

Figure 3-2: Washburn Road Watershed Soil Type, Predominantly Seeleys Bay Silt Loam

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17-5-6058 Washburn Road Hydrology and Hydraulics Report

3.3

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Hydrologic Properties

Hydrologic properties of the watershed were obtained from both the OFAT model and through analysis. The characteristics for Washburn Road catchment area for the unnamed creek have been identified and summarized in table 3-2 below. These properties were used to calculate peak flow rates at the watershed outlet, the culvert that passes beneath Washburn Road. Table 3-2: Washburn Road Watershed Properties Property

Unit

Value

Area

87.7

Watershed Type

Southern Ontario

Soil Group

Curve Number (CN)

Composite Runoff Coefficient

0.42

Average Watershed Slope

4.412

Longest Flow Path

1776

Longest Flow Path Slope

1.135

The composite runoff coefficient was calculated using the areas and coefficients listed in the table below. These runoff coefficients were obtained from the Ministry of Transportation Drainage Management Manual – Design Chart 1.07. Table 3-3: Washburn Road Composite Runoff Coefficient Area (ha)

Low

High

Selected

CxA

Agricultural/Rural

62.00

0.30

0.60

0.45

27.90

Wetland

2.183

0.05

0.11

Wooded

21.30

0.12

0.42

0.30

6.39

Asphalt

2.22

0.80

0.95

2.11

87.7

35.84

Land Cover

Total:

3.4

Design Flows

The design flows were determined using the Rational Method (MTO Drainage Management Manual), Index Flood Method (OFAT III), and HEC-HMS Atmospheric Environment Service (AES), SCS Type II, and Chicago (CHC) design storm distributions. Times of Concentration (Tc) values were calculated using the Airport, Bransby-Williams, and Kerby Formulas to provide a range of values. Rainfall intensity values have been generated based on the IDF Curve information taken from the Ministry of Transportation: IDF Curve for Washburn Road.

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The peak flows generated by each of the investigated methods were compared and are listed in Table 3-4 below. Table 3-4: Washburn Road Culvert Peak Flows HEC-HMS Storm (Year)

6 Hour AES

12 Hour AES

24 Hour SCS II

Q20 (m3/s)

Rational Method

24 Hour CHC

Index Flood Method

0.32

(m3/s)

1.35

1.23

2.60

1.63

2.67

Q50 (m3/s)

1.70

1.50

3.26

2.13

0.38

2.95

(m3/s)

2.07

1.79

3.94

2.61

0.42

3.25

Q25

Q100

The 24 Hour SCS Type II storm distribution produced the greatest peak flows, as expected, due to the high intensity and large amount of precipitation associated with this distribution. The 24 Hour SCS II 100-year storm peak flow of 3.94 m3/s was used in the analysis of the 100-year flood plain.

4.0 Hydraulic Analysis 4.1

Existing Culvert Structure

Washburn Road and its accompanying culvert act as a berm and weir for the unnamed creek, this restriction in the watershed causes impedance in flow. The capacity of the culvert to act as a dam during a 100-year storm event was analyzed to determine the highwater mark. The existing Washburn Road culvert is a 900mm diameter corrugated steel pipe culvert. The table below summarizes the properties used to model the existing culvert. Table 4-1: Washburn Road Culvert Properties Properties

Unit

Existing Culvert

Type

CSP

Diameter

900

Length

Inlet Elevation

92.64

Outlet Elevation

91.89

Tailwater Elevation

92.71

Manning’s Coefficient

0.024

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4.2

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HY-8 Hydraulic Analysis

HY-8 was used to analyze the culvert and road to assess the dam effect Washburn Road has on the watercourse during flow events. The table below summarizes the flow results at the culvert.

Table 4-2: Washburn Road Summary of Flows at Culvert Headwater Elevation (m)

Total Discharge (m3/s)

92.71

0.00

Washburn Outlet Discharge (m3/s) 0.00

93.18

0.39

93.45

0.75

93.82

1.18

94.28

1.58

94.42

1.68

Overtopping

94.47

1.97

1.71

Overtopping

94.51

2.36

1.74

Overtopping

94.54

2.76

1.76

Overtopping

94.56

3.15

1.77

Overtopping

94.59

3.55

1.79

Overtopping

94.61

3.94

1.80

Overtopping

Roadway Overtopping

At a total peak flow of 3.94 m3/s (determined previously to be the peak flow of a 100-year storm event) the headwater elevation will be 94.61m. This elevation is equivalent to the 100- year flood plain. A drawing has been attached in Appendix C outlining the flood plain.

5.0 Conclusions Based on the hydrologic and hydraulic investigations and analyses conducted as part of this study, it can be concluded that: • • •

The topographic contour at 94.61m designates the top of the 100-year flood plain at the location of proposed severance S-53-13-S. A setback of 30 m from the high-water mark has been identified in an attached drawings to show sections of the proposed severance that would be in compliance of the Official Plan And Zoning By-law for future development The existing roadway would overtop under 100-year storm conditions.

Respectfully Submitted,

Kevin Hawley, P.Eng.

Leah Wells, E.I.T.

THE GREER GALLOWAY GROUP INC. ENGINEERS AND PLANNERS

THE GREER GALLOWAY GROUP INC. ENGINEERS AND PLANNE

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Appendix A Peak Flow Calculations

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Peak Flow Calcs For 25 Year Storm ‐ Rational Method Washburn Road Peak Flow Rainfall Intensity Time of Concentration

Q: 2.78CIA I: 37.5((Tc/60)^(‐0.699)) Tc: 1.44*(L*N)0.467/Sw0.235 0.5

Tc: 3.26*(1.1‐C)L /Sw0.33 0.2 Tc: 0.057L/(Sw xA0.1)

MTO IDF Curve (Kerby) (Airport Formula) (Bransby Williams Formula)

25‐Year Storm Area 1: Drainage Area: 2 Area (m ) Low Land Use Wooded 21.300 0.12 Agricultural 62.000 0.30 Wetland 2.183 0.05 Asphalt 2.220 0.80 Total:

87.70 High 0.42 0.60 0.05 0.95

Selected 0.30 0.45 0.05 0.95

87.703

CxA 6.39 27.9 0.10915 2.109 36.50815

Composite Runoff Coefficient: Watershed Length: Watershed Slope:

0.42 1776 0.01075

m m/m

Time of Concentration Tc: Tc: Tc: Tc:

94 64 15 100

(Airport) (Bransby Williams) (Minimum) (Kerby)

Time of Concentration:

100

minutes

Intensity:

26.329

mm/hr

Peak Flow

2672.1 2.67

l/s m3/s

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Peak Flow Calcs For 50 Year Storm ‐ Rational Method Washburn Road Peak Flow Rainfall Intensity Time of Concentration

Q: 2.78CIA I: 41.6((Tc/60)^(‐0.699)) Tc: 1.44*(L*N)0.467/Sw0.235 0.5

Tc: 3.26*(1.1‐C)L /Sw0.33 0.2 Tc: 0.057L/(Sw xA0.1)

MTO IDF Curve (Kerby) (Airport Formula) (Bransby Williams Formula)

50‐Year Storm Area 1: Drainage Area: 2 Area (m ) Low Land Use Wooded 21.300 0.12 Agricultural 62.000 0.30 Wetland 2.183 0.05 Asphalt 2.220 0.80 Total:

87.70 High 0.42 0.60 0.05 0.95

Selected 0.30 0.45 0.05 0.95

87.703

CxA 6.39 27.9 0.10915 2.109 36.50815

Composite Runoff Coefficient: Watershed Length: Watershed Slope:

0.42 1776 0.01075

m m/m

Time of Concentration Tc: Tc: Tc: Tc:

94 64 15 100

(Airport) (Bransby Williams) (Minimum) (Kerby)

Time of Concentration:

100

minutes

Intensity:

29.109

mm/hr

Peak Flow

2954.2 2.95

l/s m3/s

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Peak Flow Calcs For 100 Year Storm ‐ Rational Method Washburn Road Peak Flow Rainfall Intensity Time of Concentration

Q: 2.78CIA I: 45.8((Tc/60)^(‐0.699)) Tc: 1.44*(L*N)0.467/Sw0.235 0.5

Tc: 3.26*(1.1‐C)L /Sw0.33 0.2 Tc: 0.057L/(Sw xA0.1)

MTO IDF Curve (Kerby) (Airport Formula) (Bransby Williams Formula)

100‐Year Storm Area 1: Drainage Area: 2 Area (m ) Low Land Use Wooded 21.300 0.12 Agricultural 62.000 0.30 Wetland 2.183 0.05 Asphalt 2.220 0.80 Total:

87.70 High 0.42 0.60 0.05 0.95

Selected 0.30 0.45 0.05 0.95

87.703

CxA 6.39 27.9 0.10915 2.109 36.50815

Composite Runoff Coefficient: Watershed Length: Watershed Slope:

0.42 1776 0.01075

m m/m

Time of Concentration Tc: Tc: Tc: Tc:

94 64 15 100

(Airport) (Bransby Williams) (Minimum) (Kerby)

Time of Concentration:

100

minutes

Intensity:

32.047

mm/hr

Peak Flow

3252.5 3.25

l/s m3/s

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Curve Number ‐ Washburn Road Catchement Area Sub Area Wooded Agricultural Wetland Asphalt Total:

Area (km2) 0.213 0.620 0.022 0.022 0.877 Average CN:

Hydrologic Soil Group (1.08) BC BC BC BC

Curve Number (1.09) 65 71 50 98

Area*CN (km2) 13.845 44.020 1.100 2.176 61.141

OFAT ‐ Washburn Road Catchement Area Peak Flows

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Appendix B Flow Analysis

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HY‐8 Washburn Culvert

HY‐8 Model Input ‐ Washburn Culvert

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HY‐8 Summary of Flows ‐ Washburn Culvert

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Appendix C 100-Year Flood Plain

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Page 45 of 76

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: October 2, 2017 Application No: Owner: Location of Property:

S-47-17-B Karen Phillips and Larry Phillips Concession 9, Part Lot 27/28, Sellers Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new waterfront lot together with a right-of-way Date of Hearing: October 12, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.

BACKGROUND The subject land consists of 110 +/- acres with frontage on Burridge Road, Sellers Lane and Green Lake. The lot is currently developed with a seasonal dwelling and a detached accessory building. The proposal is for the creation of a 2.8 acre waterfront residential lot with 100 metres of frontage on Green Lake and 77 metres of frontage on Sellers Lane. This new lot would encompass both of the existing structures on the property. The applicant has also proposed to create a new 6.1 metre wide right-of-way from Sellers Lane along the existing driveway access to 109 Sellers Lane. Section 5.7.7 (ii) c) of the current Official Plan states that “Severances for new waterfront limited service residential lots may be permitted on newly created private roads provided the new private road intersects with an existing public road and is designed and constructed in accordance with Township standards for new private roads.” The proposal for the right-of-way has the effect of creating a new private lane off an existing private lane and does not comply with Official Plan. As the proposed lot has the required minimum frontage on Sellers Lane there is sufficient space to accommodate a driveway from Sellers Lane without creating a new right-of-way. The applicant has submitted a Preliminary Environmental Impact Assessment completed by Ontario Lake Assessments which evaluated both the proposed lot and right-of-way. It examined the potential impact on the natural environment and looked at species-at-risk, including Blanding’s turtles and eastern rat snakes. While the presence of both species in the area was discussed, the areas of concern with regards to these species are located away from any potential building areas. This report was favourable for the applicant. The planning department is able to support the application for the proposed new lot but not the application for the proposed right-of-way. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: No (As submitted)

AGENCEY ANALYSIS AND COMMENTS Rideau Valley Conservation Authority has no objections to the creation of either the proposed lot or right-of-way, provided some specific recommendations are addressed, including site plan agreement and discussion with Ministry of Natural Resources regarding potential species-at-risk. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a Page 47 of 76

ATTACHMENTS Map of Phillips Property

Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 48 of 76

PHILLIPS S-47-17-B

Legend Phillips Property

Retained Parcel

Phillips Proposed Lot Phillips Proposed ROW

ER LL E S

AN SL

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.

Green Lake

Page 49 of 76

Scale 1:2,930 0 12.5 25

100 Meters

UTM Projection NAD 83

Ontario Lake Assessments

RR#3 Harrowsmith Ontario KOH IVO

& Environmental Education Services

Tel: (613) 376-3863 Fax: (613) 376-6128

LJ ’ 19 Jurke20l7

Karen and Larry Phillips 28 Bannon Avenue

p)pY

ETOBICOKE, Ontario M8X 1T8

REGARDS: Preliminary EIA for Severance Application 108 Sellers Lane; Lot 27 and 28 Concession 9 Bedford District; South Frontenac Township - Green Lake; Ridea;u iver Watershed Dear Karen and Larry Phillips:

Fiuther to the site visit conducted to the above property on June 10"1 past, please find below my findings with respect to your proposal to create a new water front lot by way of severance. The comments below include your input, a review of the plan of survey and observations made during a walk over of the lake front and the proposed area for the building envelope and septic. As I

explained, there are two Natural Heritage Features that indiciate the need for a Preliminary EIA as required under the OP and Zoning By-law for South Frontenac Township; these are the proximity to Green Lake and also the nearby areas indicated as Enviromnentally Sensitive (ES) in Schedule

D to the Zoning By-law 2003-75; also the wetlm’id on the east end of Green Lake is identified as Environmental Protection (EP) on Schedule A to the Officia? Plan.

The existing parcel is large in area (Survey Plan l 3R-1 3997; Part l- 4.17 ha (10.3 arces) and Part

4 - 31.48 ha (77.84 acres) and has approximately 257.6m (845ft"- ) of lake frontage on Green Lake. Access to the existing parcel is by way of Sellers Lmie and a private driveway to the existing cottage at civic address #l08. The property is traversed inland by a second private driveway that services a property to the east.

The following Google Earth image has the distances to the ES areas indicated; the bog is the closest at l 60m to the east from the proposed building envelope. All the ES designated areas and the EP

area lay outside of the 120m mone of influence identified in the OP and Zoning By-law. The main concern for these Natural Heritage Features is for excavation, filling, draining or destmction of habitats within the their boundaries. Since this proposal includes a building envelope outside of the zone of influence for these features and will not include any of the above activities, no further discussion is required in this regard.

The only other concern is the potential for impact on Green Lake. Green Lake is a small lake with a warm-water fishery. The mean value for total phosphoms is 9 ug/L, well below the allowable Provincial Water Quality Guideline of 20 ug/L and the mean water clarity is 6.50m, again well above the guideline of 2.0m (taken from the RVCA website). There is no indication in the dataset that this lake is under any stress due to development related factors and the lake is not sensitive to the potential increase in supply of nutrients from this additional residence. ,… 2

Page 50 of 76

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The existing older cottage established in the l 960s, is located very close to the water and aside from parking areas, the shoreline is natural with no established lawn area. Beyond the impacts

from the footprint of the cottage, an outbuilding and the parking area, the property has been maintained in a natural state.

The shoreline fronting the proposed new lot is relatively sparce of understory species; there are mature white pine and oak trees in the downslope area near to the lakeshore. Overall the soils are shallow with sandstone rock outcrop throughout. At a distance of >30m from the water there is a ’ level’ rock outcrop area suitable for a building envelope that would result in the least tree removal and at the same time provide for gravity drainage to a septic location(s) behind the building (see the graphic below). The sparce tree cover in this area is alder, ironwood, black and bur oak. One of the potential septic areas lays north of the access driveway to #l08. The last concern respects the habitats for species at risk. We discussed Blanding’s turtles and eastern rat snakes; both species are present and common in the area. During the site inspection, I pointed out several fissures in the granite rock outcrops north of the driveway; the areas are marked on the @aphic below. These areas are outside of the proposed building envelopes and do not pose a constraint with the proposal as it stands. The sites may however pose a constraint if the 3

Page 51 of 76

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development as a whole is relocated north of Sellars Lane. These crevaces have the potential to be hibernacula for rat snakes and should not be disturbed.

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There are no environmental constraints to the development as proposed.

If you have any questions in the a5ove regard, please feel free to give me a call.

2f?". Ontario Lake Assessments

3654 Stage Coach Road RR#3

}IARROWSMITH, Ontario KOH ?VO

rgenge(ixplornet.ca 613-376-3863 4

Page 52 of 76

CON

RIDEAUVALLEY TION AUTHORITY

3889 Rideau valley Drive, PO. Box 599, Manotick, ON KAM1A5 tel a13—e92—3571l 1-800257-3504 1 fax 613-692-0831 | www.rvca.ca

September 29, 2017 17-SFR-SEV (Bed) Township of South Frontenac Box 100 Sydenham, Ontario KOH 2T0

Attention: Jennie Kapusta Subject:

Application S-47-17-B in Part Lot 27-28 Concession 9, South F rontenac-Bedford Ward- 108 Sellers Lane (Green Lake)- Related—B35/91.

Dear Ms. Kapusta, Further to a site visit, the RVCA offers the following comments as relates to:

—

Section 2.1 Natural Heritage (wetlands) and 3.1 Natural Hazards (?ood and erosion hazards) of the Provincial Policy Statement under Section 3 of the Planning Act. Waterfront setbacks and best management practices and “Site Evaluation Guidelines” (2015) derived from the “Rideau Lakes Study" (1993); the Rideau Lakes Study considers the effects of development on phosphorous loading and the protection of recreational water quality on waterbodies within the Upper Rideau watershed. The goal is to protect recreational water quality and natural habitat. Maintaining existing setbacks and/or advocating for increased water setbacks based on site conditions, lake sensitivity and planning standards set out in the Zoning By Law and Official Plan of the Township are key considerations in this regard. The Rideau Valley Conservation Authority regulations under Section 28 of the Conservation Authorities Act, Rideau Lakes Subwatershed Report (Wolfe and Green Lake Catchment).

The Proposal The application proposes to sever the existing cottage (1.13 hectares) and right-of-way from the large parcel of waterfront property, retained parcel (43 hectares). The Progerty and Site Conditions The proposed severed parcel, on which the cottage resides immediately adjacent to the lake, has a gentle grade to the rear of the structure, septic and driveway. Upland of the cottage and current development and septic, the lot is relatively level. Waterfront slope west of the cottage and onto the proposed retained lot are more pronounced along the shore within 15 meres of the water (20-25%),

Page 1 of3

Page 53 of 76

slope then diminishing to level land adjacent to the access road, approximately 45-50 metres from the normal high water mark of the lake. Generally, the severed and retained lots have quite limited fast draining soil cover, particularly over the slope to the shore. Bedrock outcropping is the dominant feature. Vegetation is stable, drought tolerant, upland meadow in nature with scattered hardwood and white pine. Per the Ontario Lake Assessment Report (June 19, 2017), the site is not constrained by wetland or by unstable soil/slope conditions.

We note the OLA Report references Rat Snake hibernacula north and east of the proposed cottage, proposed driveway/right-of-way and septic locations. It appears that the access, marked as the “exiting gravel driveway” is actively used and appears to avoid the area identi?ed as Rat Snake hibernacula). For you information, our of?ce also notes that a neighbouring property owner has indicated that there may be Whip Poor Will habitat in the immediate vicinity.

On a more general perspective regarding local conditions, our recent Rideau Lakes Subwatershed Report “Wolfe and Green Lake Catchment Report" indicates that this lake has low nutrient concentrations, suitable depths of habitat for warm water fish species and good water clarity. As of 2015, there was no evidence of zebra mussels and little nutrient loading concern (also noted in the OLA Report). Data indicates that adequate sunlight is able to penetrate the water column to support aquatic life and provide suf?cient visibility for safe recreational use (i.e. boating, swimming) though water quality may degrade as the season progresses. The complete catchment report for the lake is available at wvvw.rvca.ca. There are no provincially significant wetlands in the immediate vicinity.

Discussion and Recommendations The Conservation Authority, in co-operation with the Township, encourages redevelopment to We do not object to the proposed severance of this existing developed parcel and right-of-way, with the following conditions: —

—

notice be provided such that there will be no additional site development or disturbance on the severed parcel which would aggravate the existing non-compliance, in accordance with the zoning by-law. Should new or additional development be proposed on this lot, we recommend for and would support the pursuit of such development to address or increase the current water setback for structures and disturbance.

it is con?rmed by way of site plan, that the proposed right-of-way location will not interfere with the ability to address the 30 metre water setback for development, site disturbance or servicing to meet the water setback. notification is provided that the shoreline of Green Lake is subject to Ontario Regulation 174/06 Development, Interference with Wetlands, Alterations to Shorelines and Watercourses Regulation made pursuant to the Conservation Authorities Act. Any new/proposed shorelinealteration requires prior approval from the RVCA.

Page 2 of 3

Page 54 of 76

To note, we would support the 30 metre minimum setback standard on the retained lands for all new development and disturbance, save for a modest pedestrian path or stairway to the water and a modest dock (see attached Shoreworks Guideline). We also note that roof runoff is currently outlet directly to the lake via downspouts; we recommend that roof runoff be directed to the rear or upland area of the lot (not to the septic area) and/or rain barrels be installed at the spouts to lessen the nutrient and contaminant load from reaching the lake without treatment/in?ltration.

Lastly, the species-at—risk indications provided by Ontario Lake Assessment (Reg Genge) should be addressed by the Ministry of Natural Resources.

Please advise us on the Committee’s decision or any changes in the status of the application. Thank you for the opportunity to comment and please don’t hesitate to contact the undersigned should you have any questions. Yours truly,

: 92¢

. a

Martha Bradburn RVCA Environmental Planner

613 267 5353 X131 cc— K and L Phillips (theresearchguru@rogers.com)

-Zanderplan (tracy@zanderplan.com) -KFLA DHU (J. McGurn) -Ontario lake Assessment (rgenge@xp|ornet.ca)

Page 3 of3

Page 55 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: October 2, 2017 Application No: Owner: Location of Property:

S-48-17-S Earle Thompson, Patricia Thompson Concession 9, Part Lot 20, Thompson Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: October 12, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.

BACKGROUND The subject land consists of 4.2 +/- acres with frontage on Thompson Lane, Goldfinch Lane and Dog Lake. The lot is currently developed with a seasonal dwelling, a temporary dwelling, a sleeping cabin and a detached accessory building. The proposal is for the addition of a 1.3 acre parcel of land to 1490 Thompson Lane, which is currently only 0.5 acres in size. The addition to 1490 Thompson Lane would significantly increase the size of the lot and bring it much closer to conformity with the size required by the Comprehensive Zoning By-Law 2003-75. This lot addition parcel would encompass the detached accessory building and the sleeping cabin. The retained parcel would be 2.9 acres in size and retain the required frontage on both Thompson Lane and Dog Lake. The planning department is able to support the application for the proposed lot addition. Current Zoning: Limited Service Residential Waterfront (RLSW), Temporary Use Zone (TUZ) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS Rideau Waterway Development Review Team has evaluated the proposal and has no objections to the proposal. Parks Canada – Rideau Canal Office noted that there is no permit for the existing oversized dock that would form part of the severed parcel. They have indicated the applicant should contact their office to discuss how to bring this structure into conformity. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-48-17-S shall be for the creation of a 1.3 +/acre lot addition only, to 1409 Thompson Lane (ARN 102907006025700).
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 56 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 4. 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 and that this work be accomplished prior to the stamping of the deeds. 5. Prior to the stamping of the deeds for the lot to be created through Consent Application S-4817-S, the applicant shall be required to rezone the lot addition parcel from Temporary Use Zone (TUZ) to Limited Service Residential Waterfront (RLSW). Please see Planner Lindsay Mills to begin this process.

ATTACHMENTS Map of Thompson Property

Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 57 of 76

1422 Thompson Lane Lot To Be Enlarged Dog Lake

GO L

DF IN C

THO

ON MPS

E LAN

THOMPSON S-48-17-S

Legend

Kindred Property Thompson Property Thompson Proposed Lot Addition

Retained Parcel 1508 Thompson Lane

Page 58 of 76

Scale 1:1,945 0 5 10

40 Meters

UTM Projection NAD 83

V Va LC1 W cly

Review ‘Yeam l)<’.‘\‘L“l(>pm<3I1t

September 25, 2017 Sent by Email Ms. Jennie Kapusta, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario KOH 2T0

Dear Ms. Kapusta: Re:

Application for Consent to Sever S—48-17-S(Thompson) Part Lot 20, Concession 9; 1508 Thompson Lane Township of South Frontenac (Storrington) Waterbody: Dog Lake

Staff of the Rideau Waterway Development Review Team (RWDRT) made up of staff from the Cataraqui Region Conservation Authority (CRCA) and Parks Canada, has reviewed the above-noted application for consent to sever and offer the following comments for the Land Division Committee’s consideration. Summary of Proposal

The applicant has requested severance of a 0.52 hectare parcel of land from the property known as 1508 Thompson Lane (lot to be severed). It is proposed that the lot to be severed will be added onto an adjacent property to the east known as 1490 Thompson Lane. The lot to be retained would be approximately 1.17 hectares in area with approximately 122 metres of water frontage. 2&4

Site Description

The property is located on the south-east shore of Dog Lake. The lot to be severed contains a garage and a Bunkie structure. The lot to be retained contains a residence, a “temporary residence”, an accessory building and associated development. The topography of the site is relatively ?at, rising slowly from the shoreline toward Thompson Road. ((1

The property is currently designated ‘Rural’ in the Of?cial Plan and ‘Limited Service Residential Waterfront’ (RLSW) in the implementing Zoning By—lawfor South Frontenac Township. Dog Lake itself is designated as ‘Environmental Protection’ (EP) in the Zoning By—law. —

WorkingToget?jaer in One Environ ment Parks 1..T:~~1nad:a~~§~~Eid6auLlana?5?I~~Eide~.m>‘alley(1.¢:3nservation .»?*urt}E¢:srit§’ Czxnservatiunz\ul]l::oriu.’ S(T:_ztara<.§;ui . Rcg;gi<%3n (113-28.1-7199 bl}-6924571 613-5464228

Page 59 of 76

H.|. 1-: Ms. Jennie Kapusta lap… (S—48-17-S) .1-I-I-I1-1;: September 25, :|-:|I1 I-q—h-.:.1 2017

The main interests of the RWDRT in this application are the avoidance of natural hazards (e. g. ?ooding and erosion) associated with n1|.1 the shoreline of Dog Lake, the protection of the water quality of the lake, lI:|:I.|Il-|.I|:I_|::I1.:I.| |.’::u:u.n:u|u:I:u.LLLn:;I’:Iu::n::n:Lu.-n’n::q1::r:r:rul1. :|:|‘h|:Ij-u’:t’::|nTlh::n.h.I’H :|:|:.u.rIJ2|.n:tI.p:n|:I:::I:1:l'1r|:tIll:.1’.|LnJJH.l|r?J and the conservation of the cultural and natural heritage and scenic values of the Rideau Canal National Historic Site and UNESCO World Heritage Site. |l:I.l:I’.:!r!:I.n:|lJ!Ii|‘l1I!IIIEI’|i|.’:I’|:|I|l.1I.lI:l:r_

Natural Hazards The maximum recorded water level for Dog Lake is 98.95 metres geodetic. For Flooding: FHIuI:IttTh.’nLI::I.:LmIDlLnIHIInlrrifLrE|u1LJ:u’H5|:j’up£5I: Dog Lake, |":I’J.|In-|’IJ.r.. I’‘I.II’..||.‘I l!|::|:|u?1’the maximum recorded water level is used in lieu of an engineered ?ood ‘.En’n.n::u.:L:uJ.I’:E:|!’:|.::’.n’:IuI.&n’.L:IL-:I’:L-u.|3’:IL |’|a-:.|’.1-b’_ plain. The IEH:CRCA’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be hL:mIn:dh1l.h:n1b1:p.I.hh:|lt?:—?:’|?mhLh1’[|rIqn-hlulkb?prqrhj |‘rrI’r.Ihl the regulatory I-l’?rnI— ztlcl minimum of set back aI’I’:I’:r|::rI 6 metres from Based upon elevation ?oodplain of a waterbody. I’I’;.IJuu’.I1.I|‘luI’.I’.q’.l.II1:|fI IuII.I.p|gI.;I.|1.’_ ‘|=|.|.|.Idj.p|:.|:.¢|.|-.ij..g there mapping is considerable for data, development area the severed and retained parcels occur on to wq11r-:-hLIfndr¢-h1n?!nHt¢?r-H-:¢uu-InHe:nLIhtnmd—lmnm£-.:hT’hI?.:Ir.:|I|.IHII’.‘I:|m:I.::I:I’u the required setback from the ?ood plain. Therefore, beyond staff have no concerns with the application |ZIF_fI2IErI||2HHI]|.IIIlII’|I?III:iIIhI.Ll|I:IILI.I:|pllu. from a ?ooding hazard perspective. !‘I.I::|I!-|.I|.I|II.L[‘LI.::|’?|:I:|1:|I::Iti’|Ir. Iii:H-::h-:::~I.‘E1!nfhlku’unu-hInIa?Id’nm’ld|Lmun’I.:n.n.1u’?rLh? Section 5.8.2(2) of the Zoning By-law speci?es that no building or structure or septic tank Erosion: |IlIJ.:?:I l’.IJ|hIlnnlIl.II1Hr.Ini’rnu1r-f’.jrIq’.|.|‘I.;i1:.;u|:|.? installation shall be located within a minimum of 15 metres horizontal of the top of bank of any .;.|[’?¢’..;.|;..;.1’I5.§j.,.[u3, T’.‘I:|:‘I’E|‘l.?.-|Ll:I-EI::IJ.|:|::|uT the of slope which is than embankment, from horizontal. The 30% de?nes the extent of greater CRCA -‘E1l'5F|1l’f.1’-FIIIIF-htfltnii-hU?‘H.rE|IiL][H?’£ub.1i:I.d:J potential erosion hazards include allowance for stable an to allowance toe slope for rock of ?-:+?t??I3i£tlnnlIhwhI.IdrnI?nu:u5:inmin.l:&LrILp:dhnunEI’I’=EnT erosion, a l(h):1(v), plus an erosion access allowance of 6 metres. Based ‘.I]:I:I.JI:’|’:I.|:‘HIll’I.Ii.I:IE1IJ.l.I’H'1l|:I’r-!li’E. £l|’.:|:I::r:I|.‘II’:I:::l|:|:I.r.||:I’:I:h::I..:t:|’|’ upon relevant mapping products, staff have concluded there is considerable area for development to occur on the severed and retained parcels hnm::Idd.bnuhm:ldl’?.:n-EI’tI.‘dqml’:h-ua.:m?lHm'1nl.rli’ud}nulI -:I:tI.?:n1tIl:I’nIn1hI.:I’:|I.l|‘I.r.hId-:I1hl:Iih’r.I.I. outside of the erosion hazard setbacks described above. Therefore, TI-:II’I._lI|’|’|’|.II.II.I.:n.’.I’.n.gI’IIa|l-;|;|;.?| staff have no concerns with the application from an erosion hazard perspective. .q;IJ’.r.nI’I1|’|1’I’Il’.mlr.I’.‘I.I.II.l1’||’.l"I:I;||.II.

Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to I-HE-m?uf’i:}1n’h:iJE-:-&.’?tt=n??TF?:u.jlld?.:un1ubInu?::HI.dm |::I:|tI.-|..’:u:I:I.’::I:r£’:|E|.:m.|LI|’|‘I:|u.jf|I:|:Il?I’. protect, improve or restore the quality and quantity of water. Accordingly, the Of?cial Plan and Zoning .||.:::I’:I’r.!:.’.:|‘I.II2I|!u:|.|.|F|.I.‘I:|’-’|I|’:?I,g the By-law for of Township South provide guidance with respect to how development should lrhIh’?:‘rnT.?.gM5:mt|h1nr£purHlp.?uuI?1rlq3lamHndl?:;rp?|?¢q?. Frontenac occur in consideration of protecting, improving and restoring water quality within the municipality. u1:u’ha1d&Ibnr:mIua|I;|nptHrg|???;ft?|g?g?}h-j1||t¢b.?.;F?h. Similarly, the CRCA’s Planning Policy (April, 2015) contains provisions that seek to support these objectives.

The Of?cial Plan recognizes the need to minimize impacts to water quality by reducing phosphorous _ maintaining natural appearances. .:--.’.._ inputs, ‘-.:’_ preventing erosion and Accordingly, J..…. policies have been —j-..:. ’.|:_-: lI|‘J-|dIlI’||’|‘Il|=lIl included that can vary the setback the from highwater mark from 30 to 90 metres depending on the site |‘l’[I"-|’|lll’|:Ili’l|’|’|ZI|1|3|II|‘l?‘I’|?I!I|‘IJ.I’I’IIJIIJ 3’:|’|I:I!i]?:|I!I|.|‘lI|-I1-?]Ih!|I1’|:I]I.|:||l:IlJ.|: characteristics such as steepness of slope, vegetation cover, soil depth and soil phosphorus retention. ?l?FH’i??HihII??bHiEfH£¢u.w?HJaLmwu.n?EuH.E—Jli?Iqh.r-I’:&:&n. —.j.

_.j

.—.._.

‘..u.

5mhn5Ei.E-:|‘lIi:.::h’.;H-3|-lllrlf?lllnicnlnml-Um:h’:I.i? Section 5.8.2 of the Zoning By-law suggests that a minimum 30 metre setback is required for buildings l.1’::r.::d!:I’|‘I.Ilut|1,p and structures or a septic tank installation. Staff note that there appears to be suitable area for future development to occur outside of the required 30 metre water setback from the lake. Rideau Canal National Historic Site and UNESCO World Heritage Site Similarly, RWDRT staff strive to preserve and enhance the cultural, natural and scenic values of the national historic site and world heritage site so that all Canadians can enjoy this legacy into the future. This can be achieved through the maintenance of a natural shoreline, the maintenance and enhancement

Page 2 Page of 3 60 of 76

ICBCOIIIIIICIIGIIIOII

Page 61 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: October 2, 2017 Application No: Owner: Location of Property:

S-49-17-B Arie Doornekamp and Katherine Doornekamp Concession 12, Part Lot 13, Devil Lake Road, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: October 12, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.

BACKGROUND This application was previously submitted to the Committee and granted Provisional Consent in May 2014. The applicant did not fulfill the conditions of severance within the required one year time period and the application lapsed. This resubmitted application is exactly the same as was approved in 2014. The subject land consists of 103 +/- acres with frontage on Devil Lake Road. The lot is currently vacant. The proposal is for the creation of a 20 acre lot at the south end of the subject land. The retained parcel will be approximately 83 acres in size. The planning department is able to support the application for the proposed new lot. Current Zoning: Rural Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS Comments were not required from Cataraqui Region Conservation Authority. KFL&A public health has no objections and stand by their prior approval Public Works has no objections. The building department has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-49-17-B shall be for the creation of a 20 +/acre lot, with approximately 335 metres of frontage on Devil Lake Road.
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.
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 and that this work be accomplished prior to the stamping of the deeds. Page 62 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 5. The surveyor who prepares the reference plan referred to in condition #1 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 and/or retained 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; 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.

ATTACHMENTS Map of Doornekamp Property

Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 63 of 76

µ DOORNEKAMP S-49-17-B

Legend Doornekamp Property

Retained Parcel

DE VIL LA K

Doornekamp Proposed Severance (20+/- acres)

1256 Devil Lake Road Page 64 of 76

Scale 1:6,223

N TO IP

N LA

120

180

UTM Projection NAD 83

240 Meters

Lindsay Mills From:

Sent: To:

Subject: Attachments:

Allen, Cheryl Cheryl.Allen@kflaph.ca September-11-17 1:42 PM Lindsay Mills Doornekamp Severance S-28-14B S-28-14B Doornekamp Severance.pdf

Hi Lindsay,

As per your request, attached please find Joanne’s comments with regards to the above-noted severance for Arie & Katherine Doornekamp. Enjoy the rest of your day! Regards, Cheryl Cheryl Allen Program Assistant Phone: 613-279-2151

Direct: 613-549-1232, ext. 1405 Toll-Free: 1-800-267-7875 Fax: 613-279-3997

cheryl.allen@kflaph.ca KFL&A Public Health

1130 Elizabeth Street, PO Box 149

Sharbot Lake, Ontario KOH 2PO www.kflaph.ca Connect with us on ? i ? i ? This e-mail may contain privileged and confidential information intended only for the individual or entity named in the message. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited. If this communication was received in error, please notify us by reply e-mail and delete the original message.

Le present message peut contenir des renseignements confidentiels r6serv6s a l’usage exclusif du destinataire ou de I’organisme y figurant. Par consequent, sj, vous n’etes pas le destinataire de ce message ou Ia personne devant le lui remettre, nous vous avisons qu’il est strictement interdit de Ie passer ell revue, de Ie difFuser, de le distribuer ou de Ie copier. Si vous avez requ ce message par erreur, nous vous remercions de nous ell aviser par retour de courriel et de detruire le message original.

Page 65 of 76

lKFl4

Py"ihl!ncHealth/+

Environmental Healt}i Department Sharbot Lake Office

p.o. Box 149 Sharbot Lake, ON KOH 2PO (613) 270-2151 Fax: (613) 279-3997

l REOUESTS FOR COMMENTS 1 To: Lindsay Mills ‘:‘ccreta.ry-Treasurer Township of South Fronteriac PO Box 100

Sydenham, ON KOH 2TO

r l

Application # Type of Application Or Proposal Applicant N:ame

8-28-14B

SEVF,RENCE

DOORNEKAMP, ARIE & KATHER?ff, ([.ot, Concession. Street, District/Ward}

Location

Lot 13, Concession 12, Bedford

Township of South Frontenac City of Kingston lpittsburgh. Khigston) Centra1 FrOntenEkC (Hinchinbrooke, Oso, Oldenl

kgericy or Planning Dept.

Fronfenac I.Sland8 lWolfe Island, Hosve lslmid) x

North Frontenac lBarrie, N. Canonto. S. Canonto. Miller, clarenacin. paimerston) South Frontenac lPoruand, BEDFORD, iioughborouy>. Storriiigton) LO7ali8t (Ainherst Island. Village of Bath, Ernestownl CfieEkkeT Napanee lRichmond. N.&8. Freacricksburg, Adolphustownl

, Addingt0n Highlands (Kaladar, yv,lcsea, Efr+ngham, Denbigh, Abinger, Ashby) (no objections or other)

Comments

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 a Permit to Install (a sewage system) prior to site development. Inspector

.’….:…%.W:….Y’…

‘a’ffir;ne M&Gurn, C.P'4.I.(C)

7'7j-y

Public Health Inspector Date

June 10, 2014

Persorial in[ormation 011 this form is colle.cted under the auuiority o€ use Health Protectioxi and Promo.uon Act s.o. 1983. c. 10 ets QmenWcd-anY rn-‘acccyrdance mth FIPPA and wiu be used ror assessment, management, treament and report3ng purposes. Questions

abouL this collecti0il should be adclressed (0 the Medical Oflcer of Health.

Page 66 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: October 2, 2017 Application No: Owner: Location of Property:

S-50-17-P Neil Morey Concession 14, Part Lot 3/4/5, Hinchinbrooke Road North, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: October 12, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.

BACKGROUND The subject land consists of 180 +/- acres (72.8 hectares) with frontage on Hinchinbrooke Road North. The lot is currently developed with a single detached dwelling and accessory building. The proposal is for the creation of a minimum 2 acre residential lot with a minimum of 76 metres of frontage on Hinchinbrooke Road North. The retained parcel will be approximately 178+/- acres in size and retain all the existing structures. The planning department is able to support the application for the proposed new lot. Current Zoning: Rural Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS Comments were not required from Quinte Conservation Authority. KFL&A public health has no objections to the proposal. They have indicated that while the site is flexible in siting a sewage system, it will have to be located in an area of the lot where soil exists at a minimum depth of 0.25 m2 over an area of 400m2. Public Works has no objections. The building department has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-50-17-P shall be for the creation of a minimum 2 acre lot, with a minimum of 76 metres of frontage on Hinchinbrooke Road North.
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.
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 and that this work be accomplished prior to the stamping of the deeds. Page 67 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 5. The surveyor who prepares the reference plan referred to in condition #1 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 and/or retained 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. 6. The applicant must 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-50-17-P.

ATTACHMENTS Map of Morey Property

Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 68 of 76

PEPPER LANE

300 Hinchinbrooke Road North

Howes Lake

1023 Pepper Lane

MOREY S-50-17-P

Retained Parcel

Legend Morey Property

HINC

HINB

RO O

KE R

O AD

NO R

Morey Proposed Lot (2 acres)

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

Bass Lake

Page 69 of 76

Scale 1:3,111 0

UTM Projection NAD 83

120 Meters

.9. KFL&A Public Health

http://www.kf|apubIicheaIth.ca

CONSENTTo SEVER INSPECTION REpoRT

Environmental Health Department

Receipt Number: SK-48-2017

File Number: S-50-17-P Owner(s): Morey, Neil Municipality:

ward / Former Township:

South Frontenac

Portland Concession: 14

Lot:

3, 4, 5

Part(s):

Registered Plan:

Plan of Subdivision:

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

Severed:

Rocky, undulating brush

Retained:

Rocky, undulating brush

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 0.3 m 0.6 m 0.9 m 1.2 m 1.5 m

Silty Sandy Clay

Percolation rate (estimated): T>50min/cm

Retained

N/A

Percolation rate (estimated):

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:

Satisfactory

Unsa?sfwow I7 5"‘. F’“‘b"_ Site Specific

RETAINED

I‘

sewage

I‘

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. disposal in siting a The proposed lot is capable of providing ‘flexibility system, dependent on the proposal submitted through an Application to Construct a Sewage System. -Sewage system will have to be located in an area of the lot where soil exists at a minimum depth of .25m over an area of 400m . This means the location of the sewage system may dictate where the house goes.

Conditions:

Satisfactory

I— Unsatisfactory Site F exible

Site Specific

Inspector:

Gord Mitchell

CPHi(C),Public Health inspector

Approved:

I/4/“ /,,Qg_,Qj2 _

Date:

September 28. 2017

PLEASEFORWARD A COPY OF THE NOTICE OF DECISION T0 KFL&APUBLIC HEALTH. Personal information on this form is co lected under the authority of the Bui ding Code Act, and willbe 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 70 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: October 4, 2017 Application No: Owner: Location of Property:

MV-40-17-S Daniel & Jeanette Floyd Concession 2, Lot/Part Lot 13, Red Maple Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit a reduction in rear yard Date of Hearing: October 12, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit a reduction in rear yard be considered for passage.

BACKGROUND The subject land consists of 0.43 +/- acres with frontage on Red Maple Lane and Loughborough Lake. The property is currently vacant. The proposal is for the construction of a 915 square foot single detached dwelling to be located a minimum of 24 feet from the rear property line. The proposed location for the dwelling is outside the 30m required setback from the high water mark of Loughborough Lake and meets all other requirements of the zoning by-law. Given the small size of the lot and the location of the existing garage and septic system there is limited space on the lot to meet all the required setbacks. The Planning Department is able to support the application.

FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

Is the minor variance desirable for the appropriate development or use of the land, building or structure?
Is the general intent and purpose of the official plan maintained?
Is the general intent and purpose of the zoning by-law maintained?
Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS Comments from KFL&A Public Health were not required. Page 71 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections.

CONDITIONS

This minor variance is for the construction of a 915 square foot detached accessory building to be located a minimum of 24 from the rear property line of 4464 Red Maple Lane.
Minor variance MV-40-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.

ATTACHMENTS Map of Floyd Property Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 72 of 76

µ Loughborough Lake

FLOYD MV-40-17-S 4464 Red Maple Lane

Legend Floyd Property Floyd Proposed Dwelling Existing Buildings

4472 Red Maple Lane D RE

LE AP

N LA

Page 73 of 76

Scale 1:467 0

2.25 4.5

13.5

UTM Projection NAD 83

18 Meters

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: October 4, 2017 Application No: Owner: Location of Property:

MV-41-17-S Roderick & Margaret McKay Concession 7, Lot/Part Lot 13, Sydenham Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 7.3.2 of the Comprehensive Zoning By-law 2003-75 to permit an increase in height of a detached accessory building Date of Hearing: October 12, 2017

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit an increase in height of a detached accessory building be considered for passage.

BACKGROUND The subject land consists of 2.77 +/- acres with frontage on Sydenham Road. The property is currently developed with a single detached dwelling and two detached accessory buildings. The proposal is for the demolition of the two accessory buildings and the construction of a new 26 foot by 28 foot storage garage with a finished height of 26 feet. The increase in height is to permit an upper level loft area for storage purposes only. The maximum permitted height for a detached accessory building is 19.7 feet The Planning Department is able to support the application.

Is the minor variance desirable for the appropriate development or use of the land, building or structure?
Is the general intent and purpose of the official plan maintained?
Is the general intent and purpose of the zoning by-law maintained?
Is the variance minor? Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

Page 74 of 76

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT AGENCEY ANALYSIS AND COMMENTS Comments from KFL&A Public Health, Cataraqui Region Conservation Authority and Public Works were not required. The building department has no objections.

CONDITIONS

This minor variance is for the construction of a detached accessory building with a maximum finished height to the peak of 26 feet. There is no living space permitted in the upper level loft, it is for storage purposes only.
Minor variance MV-41-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.

ATTACHMENTS Map of McKay Property Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 75 of 76

HARPER’S BA Y LANE

3076 Sydenham Road

SYD EN

3113 Sydenham Road

HAM

RO A

MCKAY MV-41-17-S

Legend McKay Property McKay Proposed Garage

3063 Syde n

3095 Sydenham Road

ham Road

Existing Buildings

Garage to be Demolished

Proposed New Garage

Page 76 of 76

Scale 1:800 0

UTM Projection NAD 83

32 Meters

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