Committee Of Adjustment - 13 Apr 2023 - Agenda

Published April 13, 2023

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Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: April 13, 2023 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, April 13, 2023 Council Chambers/Virtual Via Zoom .

Call to Order

Resolution

Adoption of Agenda

Resolution

Electronic Meeting Information

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

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

Declaration of pecuniary interest

None declared.

Approval of Minutes – March 9, 2023

Resolution

Consent Applications from a Previous Meetings: (if applicable)

S-13-21-P (5006755 Ontario Ltd.) (Beach) Property Address: 5356 New Morin Road Purpose and Effect of the Application: The application is requesting consent to create a new rural residential lot. The severed parcel would be 0.9 hectares (2.4 acres) in area and have a minimum 86 metres (282 feet) of frontage on New Morn Road. The severed parcel is developed with an existing house. The retained parcel would be 14.9 hectares (37 acres) in area with 559 metres (1833.5 feet) of frontage on New Morin Road.

New Consent Applications:

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

3 - 58

59 - 67

68 136

Page 1 of 234

PL-ZNA-2023-0020 (Rutledge)

137 171

Property Address: 1111Heron Lane Purpose and Effect of the Proposed Variance: To request permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling within 30m of the highwater mark of Loughborough Lake. The existing 204.4sqm single detached two storey dwelling is to be expanded with a 83sqm single storey addition attached to the side of the existing dwelling. The addition contains a breezeway, carport, storage area, and screened in porch. The property was previously subject to minor variance decision MV50-20-S which permitted a 13.4sqm second storey addition to be added onto the dwelling. 9.

New Minor Variance / Permission Applications:

PL-ZNA-2023-0032 (Neil) Property Address: 5088 Ramparts Road Purpose and Effect of the Proposed Variance: The Owner proposes to construct a 950 sq. ft., one-storey, detached garage on this residential property. The garage would be located south of the dwelling. A minor variance is being requested to allow the garage to be setback a minimum of 24.5 metres from a watercourse, whereas the Zoning By-law requires a minimum 30m setback.

172 196

PL-ZNA-2023-0034 (Prudhomme) (Fretts-Bobs Lake Co-Op) Property Address: 32 Co Op Lane Purpose and Effect of the Proposed Variance: 32 Co-op Lane is part of the Bob’s Lake Co-Operative. The Co-op’s properties are zoned RLSW-3. The RLSW-3 zone requires that the replacement of any existing trailers on the property be subject to a minor variance application to determine the appropriateness of the size and location of the replacement trailer. The application is to replace the existing 24 foot by 8 foot mobile home with a 36 foot by 8 foot trailer at 32 Co-op Lane. The replacement trailer would be placed in the same location as the existing trailer, abutting an existing sunroom. The replacement trailer would exceed all required setbacks.

197 216

PL-ZNA-2023-0039 (Rose) Property Address: 2959 Desert Lake Road Purpose and Effect of the Proposed Variance: The proposal is to construct a 1200 square foot garage behind the existing dwelling on the property. The property already contains a garage and a shed. A variance from Zoning Bylaw No. 2003-75 is being requested to allow the lot coverage of

217 234

Other Business

Adjournment

Resolution

Page 2 of 234

Committee of Adjustment Meeting Page 3 of 234

Thursday, April 13, 2023 7:00 p.m. Council Chambers 4432 George Street, Sydenham, ON and Virtual on Zoom

Welcome to the Virtual Meeting for the Committee of Adjustment This is a hearing of the Committee of Adjustment for the Township of South Frontenac. All members of the public joining on Zoom are muted on our end and your cameras will not be turned on. Committee Members

Township Staff

• Alan Revill

• Christine Woods (Senior Planner)

• Brett Moreland

• Tom Fehr (Planner)

• Doug Morey

• Michelle Hannah (Secretary Treasurer & Deputy Clerk)

• Kevin Fox • Mike Howe • Norm Roberts Page 4 of 234

• Randy Ruttan • Steven Pegrum

Call to Order Adoption of Agenda • Call to Order • Adoption of Agenda • Electronic Meeting Information • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Hearings for Applications Page 5 of 234

• Consent Granting Authority Report • Other Business • Adjournment

Meeting Information Format for Each Hearing

The Chair will introduce the file
The Planner will provide an overview of the application
The Planner will make a recommendation on the application
Questions or comments from the Applicant / Agent / Members of the Public
Committee deliberation and vote
The Chair will state whether the vote was carried Page 6 of 234

After the Meeting • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, it will be forwarded to the applicant and anyone who has requested to be notified within 15 days. • The applicant, the Minister or a specified person or public body in as defined by the Planning Act subsection 1(1) may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the SecretaryTreasurer of the Committee of Adjustment within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal. Page 7 of 234

• If you have any questions after the meeting, please reach out to staff.

How to Speak to an Application • The Chair of the meeting will open the floor to public comments • Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating by telephone • The Chair will recognize a member of the public, and the Meeting Host will unmute the member of the public • Once the member of the public is done speaking or the Committee has no further questions, the Meeting Host will mute their microphone • If a member of the public attending in person wishes to speak, we ask that they raise their hand, wait to be called on and clearly state their name for the record. Page 8 of 234

In Case of Technical Difficulties • If a Committee member joining virtually disconnects from the meeting, the meeting will proceed if there is still quorum. The Committee member will attempt to reconnect. • If quorum cannot be met within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants. • A notice will also be posted on the Township’s social media if the meeting is postponed.

Page 9 of 234

Declaration of Pecuniary Interests Approval of Minutes of Previous Meeting Consent Applications Page 10 of 234

Application S-13-21-P Consent to Sever Applicant: 5006755 Ontario Ltd Agent: Gary Beach Location: 5356 New Morin Road Previous Public Hearings: October 14, 2021 and March 9, 2023 Page 11 of 234

Proposal • Create one new residential lot • Severed Parcel • 0.9 ha (2.4 acres) • 86m frontage • Existing dwelling

• Retained Parcel • 16.7 ha (41.2 acres) • 714m frontage • vacant

• Related applications • S-11-21-P and S-12-21-P Page 12 of 234

• Three Environmental Impact Assessments

Ministry of the Environment, Conservation and Parks Comments • The 300m distance for atcapacity lake trout lakes should be measured from western edge of marsh wetland • No concerns with severed parcel because it is developed and the sewage system was upgrade

Page 13 of 234

• No concerns with retained parcel if it contains a suitable location for sewage system more than 300m from the lake/wetland

Agency, Department and Public Comments • Cataraqui Conservation – no objection • Building Services – a new sewage system was installed on severed parcel; test holes not required for retained parcel • Public Services – there is one safe access location for retained parcel • Public Comments Page 14 of 234

• Several comments received in opposition to the three applications • Concerned about negative impact on water quality of lake

Analysis • Residential lot creation permitted in Rural areas • Development restrictions near sensitive surface water features • New lot creation not permitted within 300m of at-capacity lake trout lakes

• Severed parcel is 30m from lake/wetland and is developed • Retained parcel has an area more than 300m from lake for sewage system and outside potential habitat • Intent of lake trout lake policy is met • Special conditions needed for retained parcel Page 15 of 234

• Zoning by-law amendment to require 300m setback for sewage system • Development agreement

Recommendation • Approval • Pending any comments received • Subject to conditions in Planning Report

Page 16 of 234

Public Questions and Comments If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Page 17 of 234

S-13-21-P Committee Deliberation and Vote

Page 18 of 234

Applications for Minor Variance and for Permission to Enlarge Legal Non-Conforming Uses

Page 19 of 234

Application PL-ZNA-2023-0020 Permission to Enlarge Legal Non-Conforming Use

Applicant: Shawn Rutledge Property: 1111 Heron Lane Previous Public Hearing: March 9, 2023

Page 20 of 234

Property Description • Lot area of 0.31ha - 30m frontage on Loughborough Lake (west basin) • Existing dwelling with attached deck, boat house, & septic system • Rural designation • RLSW zone Page 21 of 234

Proposal

Page 22 of 234

• Permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark • Proposed addition will be set back further from water than existing and maintain setback from lane • 83sqm addition attached to west side of 204.4sqm (gfa) dwelling

Page 23 of 234

Department, Agency and Public Comments • Cataraqui Conservation • The slope stability study was satisfactory • No objection to the application if the study recommendations are implemented through development agreement

• Public Comments – None received

Page 24 of 234

Planning Analysis • A dwelling is a permitted use in the RLSW zone • The building is legal non-conforming because it is less than 30m from highwater mark (i.e. 6.4m) • Dwelling is not in erosion hazard per Slope Stability Report • Addition will be setback 10.3m from highwater mark • No additional adverse visual impact anticipated • Appropriate to grant permission to enlarge the dwelling Page 25 of 234

Recommendation

Page 26 of 234

• Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Development agreement – implement study recommendations • Building permit is required for ALL demolition and construction on the property

Page 27 of 234

PL-ZNA-2023-0020 Committee Deliberation and Vote

Page 28 of 234

Application PL-ZNA-2023-0032 Minor Variance

Applicant: Adam Neil Property: 5088 Ramparts Road

Page 29 of 234

Property Description • Rural designation • RU zone • 1.2 ha • dwelling

Page 30 of 234

Proposal • 952 sq. ft. detached garage • 15m from front lot line • 24.5m from watercourse

Page 31 of 234

Page 32 of 234

Property seen from Ramparts Road – garage to be located near the shipping container

Watercourse seen from Ramparts Road

Department, Agency and Public Comments • Cataraqui Conservation – no objection • Public Comments – supportive comments from nearby landowner

Page 33 of 234

Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 34 of 234

Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Building permit is required for ALL demolition and construction on the property Page 35 of 234

Page 36 of 234

PL-ZNA-2023-0032 Committee Deliberation and Vote

Page 37 of 234

Application PL-ZNA-2023-0034 Minor Variance

Applicant: Clifford Prudhomme Agent: Lee Fretts (Bob’s Lake Co-operative) Property: 32 Co-op Lane

Page 38 of 234

Property Description • Bob’s Lake • Badour Road • Rural designation • RLSW-3 zone • 40 acres • Campsites in Bob’s Lake Co-op Page 39 of 234

Proposal • Remove 24ft by 8ft mobile home • Add 36ft by 8ft trailer • Same location

Page 40 of 234

Subject property Page 41 of 234

Page 42 of 234

Department and Public Comments • Building Services – Sewage system required to use plumbing fixtures in new trailer • Public Comments – None received

Page 43 of 234

Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 44 of 234

Recommendation

Page 45 of 234

• Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Building permit is required for ALL demolition and construction on the property • Applicant shall apply for and obtain a permit for a sewage system under Ontario Building Code or remove plumbing and pipe to outhouse/holding tank within 30 days to satisfaction of Township

Page 46 of 234

PL-ZNA-2023-0034 Committee Deliberation and Vote

Page 47 of 234

Application PL-ZNA-2023-0039 Minor Variance

Applicant: Leonard and Beverly Rose Property: 2959 Desert Lake Road

Page 48 of 234

Property Description • Rural designation • RU zone • Dwelling • Garage • shed

Page 49 of 234

Proposal • 1200 sq. ft. detached garage • Total lot coverage of accessory buildings (2.8%) would exceed that of dwelling (0.8%)

Page 50 of 234

Page 51 of 234

View of property from driveway

Department, Agency and Public Comments • Public Comments – None received

Page 52 of 234

Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 53 of 234

Page 55 of 234

PL-ZNA-2023-0039 Committee Deliberation and Vote

Page 56 of 234

Other Business • Consent Granting Authority Report • Add files

Page 57 of 234

Adjournment

Page 58 of 234

Minutes of Committee Of Adjustment March, 9, 2023

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # 02 Time:7:00 pm Location: Council Chambers / via Zoom Present: Randy Ruttan, Mike Howe, Steve Pegrum, Alan Revill, Doug Morey, Brett Moreland, Norm Roberts, Kevin Fox Absent: n/a Staff: Christine Woods, Senior Planner, Tom Fehr, Planner, Michelle Hannah, Secretary-Treasurer / Deputy Clerk 1

Call to Order

Adoption of Agenda

Resolution Resolution No. 2022:01:2 Moved by Kevin Fox Seconded by Norm Roberts THAT the Committee of Adjustment adopts the agenda for the March 9, 2023 Committee of Adjustment meeting, with the addition of site visit discussion. Carried

Electronic Meeting Information

The meeting was live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ The link to register for virtual attendance was at the following: https://www.southfrontenac.net/en/open-for-business/virtual-committee-ofadjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.

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

Declaration of pecuniary interest

None Declared.

Approval of Minutes – February 9, 2023

Resolution Resolution No. 2022:01:3

Page 59 of 234

Minutes of Committee Of Adjustment March, 9, 2023 Moved by Kevin Fox Seconded by Doug Morey THAT the Committee of Adjustment approves the minutes of the February 9, 2023 Committee of Adjustment meeting. Carried 6

Consent Applications from Previous Meetings:

S-13-21-P (500675 Ontario Ltd) (Beach) The Senior Planner delivered her report to the Committee. Committee member Pegrum inquired about the recommended build location for the retained lot, which is not one of the other two severances. He asked how do we know a septic system could be placed in that specific location further than 300 metres from the highwater mark, without doing test holes. Ms. Woods noted that the Ministry of Environment took the image from the July 2021 Environmental Impact Assessment and put it in their memo to show the location of the severed parcels on the property. The area that has the star was the area identified by the consultant who completed the assessment, it is not what was recommended by the Ministry, it is within 300 metres of the lake and it is on a ridge, therefore, it is not the area that staff would want considered. Committee member Pegrum added he was unsure why that was used in the letter from the ministry if it was not accurate. Ms. Woods noted that the ministry can use whatever resources they wish, but it may not be labeled well enough for the public to understand. Committee member Revill thanked the Senior Planner for her extensive presentation, but noted that the application is complex and he was not sure if all members had the opportunity to visit the site without snow cover and he moved to defer the matter until such time as the site visits without snow cover can take place, Committee member Roberts seconded the motion. Ms. Hannah asked for clarification of the motion, that it is to allow time for the Committee members to visit the site when it is free and clear of snow cover. Committee member Revill advised that was correct. Ms. Hannah advised the Chair that Mr. Beach, the agent on the matter had his hand raised to speak. Chair Ruttan advised that he did have an opportunity to speak earlier and he would not allow it at this time.

Resolution No. 2022:01:4 Moved by Alan Revill Seconded by Norm Roberts THAT the Committee of Adjustment defers consent application S-13-21-P to allow the Committee of Adjustment Members to visit the site free and clear of snow cover. Carried 7

New Consent Applications:

Page 60 of 234

Minutes of Committee Of Adjustment March, 9, 2023 a)

None

Minor Variance Applications from Previous Meetings:

Senior Planner Woods delivered her report to the Committee. Committee member Pegrum noted the Development Agreement condition mentioned the wrong lake. Resolution No. 2022:01:5 Moved by Doug Morey Seconded by Kevin Fox THAT the Application PL-ZNA-2022-0140 is approved to grant the request for permission to enlarge the legal non-conforming dwelling within 30 metres of the highwater mark under section 45(2) of the Planning Act, subject to conditions. Carried

New Minor Variance Applications:

PL-ZNA-2023-0007 (Lindsay & Nakonechny) Application Details: Property Address: 3094 Ernie Lane Applicant: Judy R Gilbert Lindsay & David J Nakonechny Agent: Ashley Osmar Purpose and Effect of the Proposed Variance: To request permission under section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30 metres of the highwater mark of Loughborough Lake and within the 10 metre rear yard of the RLSW zone and within the 5 metre setback from Earnie Lane. The existing 94.5 metre single storey dwelling with attached deck is set back 28 metres from the lake and 4.7 metres from the rear lot line / Ernie Lane. This building will be replaced with a two storey dwelling that have a 114.7 square metre ground floor area and a 145.2 square metre gross floor area. The new dwelling will be set back 27.5 metres from the lake and 1.8 metres from the rear lot line / Ernie Lane. The height of the new dwelling will also be increased to 7.5 metres. The applicant is also proposing to construct a complying 66 square metre detached garage. Planner Fehr delivered his report to the Committee. Committee member Morey commented that it sounds like an undersized lot that is quite busy, but that there is a proposed garage on the drawing and he encourages the owners to honour the lot coverage allowances. Committee member Roberts inquired as to the placement of the proposed garage. Mr. Fehr advised that the proposed garage complies with all setbacks and lot coverage for accessory buildings and no relief is required. Resolution No. 2022:01:6 Moved by Kevin Fox Seconded by Doug Morey THAT approval of application PL-ZNA-2023-0007 is granted for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions.

Page 61 of 234

Minutes of Committee Of Adjustment March, 9, 2023 Carried b)

PL-ZNA-2023-0015 (Buchanan) Application Property Address: 1251 Retreat Lane Applicant: Natasha Buchanan Purpose and Effect of the Proposed Variance The Owner proposes to construct a 32.6sqm deck attached to a 113.2sqm single detached dwelling. With the attached deck lot coverage of the principal building on the property will be 5.6%. A minor variance is being requested to allow the principal building to exceed 5%. Mr. Fehr delivered his report to the committee. Committee member Morey asked how far the structure is back from the high water mark. Mr. Fehr advised it is well back, about 60 metres.

Resolution No. 2022:01:7 Moved by Norm Roberts Seconded by Doug Morey THAT application PL-ZNA-2023-0015 is granted approval for zoning relief to permit lot coverage for the principal building to be 5.6% to allow a 32.6 square metre deck attached to the dwelling, subject to conditions. Carried c)

PL-ZNA-2023-0016 (Morgan) (Dick) Application Details: Property Address: 5323 Cranes Nest Lane Applicant: Ronald Morgan Agent: John Dick Purpose and Effect of the Proposed Variance: The Owner proposes to construct a 62.1sqm addition onto an existing 78.5sqm detached garage. A minor variance is being requested as the lot coverage of accessory buildings on the property exceeds the lot coverage of the existing principal building (single detached dwelling). The area of the single detached dwelling is 164.8sq and the total area of all accessory buildings is proposed to be 395.2sqm. Mr. Fehr delivered his report to the committee. The applicant advised he was available to answer any questions. Committee member Revill noted that it does not appear that it will impede any visuals from the neighbours and he was happy to support it. Resolution No. 2022:01:8 Moved by Doug Morey Seconded by Norm Roberts THAT application PL-ZNA-2023-0016 is approved to grant approval for relief from the zoning by-law to permit the total lot coverage for an accessory building to exceed the lot coverage of the existing principal building, subject to conditions.

Page 62 of 234

Minutes of Committee Of Adjustment March, 9, 2023 Carried d)

PL-ZNA-2023-0017 (Doerksen) (Tolles - Laframboise Construction) Application Details: Property Address: Lot 36, Plan 1951; Maple Hill Applicant: Cameron Doerksen Agent: Brian Tolls – Laframboise Construction Purpose and Effect of the Proposed Variance: The Owner proposes to construct a two storey single detached dwelling and a septic system on the property. The dwelling will have a ground floor area of 137.4sqm including attached deck and a gross floor area of 193.7sqm. The single detached dwelling will be set back 22.5m from the highwater mark and the septic system will be set back 15.5m from the highwater mark. The property was previously subject to minor variance decision MV-13-05-2 which approved a dwelling on the property to constructed a minimum of 24.5m from the highwater mark and 6.5m from the front lot line. The proposed dwelling is located closer than 24.5m to the highwater mark and the previous decision did not provide any relief for the septic system. Minor variances are being requested to allow the dwelling and septic system to be set back less than 30m from the highwater mark. Mr. Fehr delivered his report to the committee. Ms. Galasso advised that she is concerned about the location of the proposed septic system, she advised that this bay is extremely eutrophic and loaded with algae, it is pretty stagnant most of the year and she would be pretty concerned with a septic system being allowed to be built that close to the lake. She also noted she is concerned with the wetland and she is wondering what has been analyzed with respect to species at risk as it is loaded with turtles, amphibians and birds and wondered if the runoff from the house will be managed in terms of it’s impact on the wetland. She asked if there is any other type of wastewater management systems that would not require the sewage system to not be that close to the highwater mark. Mr. Fehr advised that the sewage system, he believes, has a secondary treatment unit on it. The setback from the water has been maximized. Staff are requiring retention of vegetation and direction of runoff to infiltration areas so it is not running off directly to the waterbody or wetland. Ms. Galasso inquired if a composting toilet was considered. Mr. Fehr advised he does not believe that has been considered as it will be constructed as a year-round home and he does not believe that would meet the intent of the Building Code. Committee member Fox inquired about the original Minor Variance file and the Conservation Authority and Parks Canada comments from that file. Mr. Fehr advised it is a file from 2013 and he does not have the comments available. Committee member Revill inquired if the committee should be considering postponing a decision on this matter until comments are received. He inquired if there were other options available and if all of the septic proposed is on the backside of the ridge and the road side or if any of it is on the water side. Mr. Fehr advised that it is certainly an option to defer the matter to await comments. He noted the sewage system meets Ontario Building Code setbacks as it will be setback 15.5 metres from the water. He also noted it is proposed to be an EcoFlo system which is a tertiary treatment system.

Page 63 of 234

Minutes of Committee Of Adjustment March, 9, 2023 Mr. Tolles, the agent for the matter advised the septic system is on the side of a ridge, away from the lake there is a ridge between it and the lake, it will be on the road side and not the lake side. He also noted they plan to mitigate the runoff to the lake by creating a drainage ditch along the driveway to make sure the runoff from the home is away from the wetland. Chair Ruttan advised he realizes there is a hand up from the public but once the public portion of the meeting is closed it is not re-opened to the public unless there is a specific question from Committee members to the applicant or their agent. Committee member Morey asked if it would be appropriate in the Development Agreement to ask for the tertiary septic system, because if we are to move forward as it is now they could put in any system they want. Mr. Fehr advised that it is his understanding that with the area available it has to be this specific system to fit. Committee member Revill advised it does note on the sketch that it is an EcoFlo system. Mr. Fehr advised that is certainly an option to do so. Committee member Revill asked if the Committee is comfortable proceeding without comments from the Conservation Authority. Committee member Roberts asked when it was originally approved. Mr. Fehr advised it was approved in 2005, which is in the current zoning bylaw. Mr. Roberts asked if there were any rules that changed since then. Mr. Fehr advised that the current Zoning By-Law is from 2003, so that was the by-law that was approved. Committee member Morey asked that the Development Agreement be amended to include that the EcoFlo system must be used for this development. Committee member Pegrum asked that the ditch for runoff be included in the Development Agreement as well. Mr. Fehr noted the standard condition is for runoff to be directed away from the waterbodies and wetlands.

Resolution No. 2022:01:9 Moved by Steve Pegrum Seconded by Alan Revill THAT application PL-ZNA-2023-0017 is approved to grant zoning relief from the zoning by-law to permit a single detached dwelling to be a minimum of 22.5 metres from the highwater mark of Dog Lake and to permit a septic system to be a minimum of 15.5 metres from the highwater mark of Dog Lake, subject to conditions, with the added clause in the Development Agreement that the sewage system will be a tertiary system. Carried

Page 64 of 234

Minutes of Committee Of Adjustment March, 9, 2023 e)

PL-ZNA-2023-0019 (O’Brien) (Ireland) Application Details: Property Address: 328 Koen Road Applicant: Patrick Edmund O’Brien Agent: Paul Ireland Purpose and Effect of the Proposed Variance: The Owner proposes to construct a 178.8sqm detached garage on the property. A minor variance is being requested to locate the detached garage in the front yard of the property, between the existing single detached dwelling and Koen Road. A minor variance is also being requested to allow the height of the garage to be more than the 6m permitted for accessory buildings in the RLSW zone. Mr. Fehr delivered his report to the committee. Committee member Pegrum asked for clarification with respect to the revised page 6, it indicated the setback from the highwater mark is 25 metres, but the plot plan and planning report indicate more than 30 metres. And he asked what it will be and asked about all documentation saying the same thing. Mr. Fehr advised that the original application did have the garage within the 30 metre setback, it was revised to have the setback more than 30 metres, but that section in the application was missed. Chair Ruttan advised that it can be changed, and with the number of applications dealt with by the planning department sometimes every detail cannot be as it should be. Ms. Hannah advised that the Decision does have the updated sketch attached to it as Schedule “A” and the Decision being signed will be the correct location of more than 30 metres from the highwater mark. Committee member Morey noted that the only setback noted in the conditions is from Koen road, nothing else is mentioned, but as long as it is in the decision he is comfortable with it. Ms. Woods clarified that because it does not say anything about the setback in the decision, it means it needs to meet the setback from the highwater mark. It is noted there is a discrepancy between the application and the sketch, and from experience it is very difficult to get the application and sketch absolutely perfect especially when there is a lot of bank and forth, so sometimes staff do miss something but we appreciate being made aware.

Resolution No. 2022:01:10 Moved by Alan Revill Seconded by Steve Pegrum THAT application PL-ZNA-2023-0019 is approved to grant the request for relief from the zoning by-law to permit an accessory building to be located in front of the projected front wall of the dwelling and to permit an accessory building to be 8.6 metres high, subject to conditions. Carried f)

PL-ZNA-2023-0020 (Rutledge) Application Details: Property Address: 1111 Heron Lane Applicant: Shawn Rutledge & Katie Shanks Purpose and Effect of the Proposed Variance:

Page 65 of 234

Minutes of Committee Of Adjustment March, 9, 2023 To request permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling within 30m of the highwater mark of Loughborough Lake. The existing 204.4sqm single detached two storey dwelling is to be expanded with a 83sqm single storey addition attached to the side of the existing dwelling. The addition contains a breezeway, carport, storage area, and screened in porch. The property was previously subject to minor variance decision MV-50-20-S which permitted a 13.4sqm second storey addition to be added onto the dwelling. Mr. Fehr delivered his report to the Committee. Mr. Rutledge spoke and advised that their engineer and the CRCA have worked out the details but have not received confirmation from the Conservation Authority, it is pending as soon as possible. He also noted that the tile bed has been moved away from the lake, they have provided a turn around and provided access to the lake for emergencies. The carport is where it is because there is a steep slope behind the lot and it cannot go there. It is now up to the engineer and CRCA to work out the stability details. There was some missing information which will be addressed. Chair Ruttan advised that it would be unusual to move forward without the documentation of slope stability required.

Resolution No. 2022:01:11 Moved by Steve Pegrum Seconded by Alan Revill THAT Application PL-ZNA-2023-0020 is deferred until such time as the slope stability and erosion hazard issues raised by Cataraqui Conservation is addressed to the satisfaction of Township and Cataraqui staff. Carried g)

PL-ZNA-2023-0021 (Hanschmann) Application Details: Property Address: 1211 White Lake Road Applicant: Nancy Hanschmann Purpose and Effect of the Proposed Variance: The property contains two dwellings, whereas the Rural (RU) zone only permits one dwelling. The purpose of the application is to request permission under section 45(2) of the Planning Act to enlarge one of the dwellings on the property. The effect would be to permit a 1200 square foot addition to the western dwelling. Ms. Woods delivered her report to the committee. Committee member Pegrum inquired as to the future intention with the property and the addition. Ms. Hanschmann advised that she is close to retirement and what she has always wanted is to build her retirement home on the water. She has owned the property since 1996 and is about 3 years off from retirement and would like to complete the work while she is still working so she can move there once retired. Resolution No. 2022:01:12

Page 66 of 234

Minutes of Committee Of Adjustment March, 9, 2023 Moved by Alan Revill Seconded by Steve Pegrum THAT Application PL-ZNA-2023-0021 is granted approval for permission to enlarge a legal non-conforming building per section 45(2) of the Planning Act, subject to conditions. Carried 10

Other Business

Decisions on Delegated Consents

Committee members discussed the difficulties they have been having with Site Visits and access issues such as snow and ice covered lanes and driveways and gates. Resolution No. 2022:01:13 Moved by Councillor X Seconded by Councillor Y THAT Carried

Adjournment

Resolution Resolution No. 2022:01:14 Moved by Steve Pegrum Seconded by Alan Revill THAT the March 9th, 2023 meeting of the Township of South Frontenac Committee of Adjustment is hereby adjourned at 8:40 p.m., to reconvene on Thursday, April 13, 2023 at 7:00p.m. or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 67 of 234

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HOLLEFORD RD

Inset Map

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5377 NEW MORIN RD

e Rd

n Rd

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Vanlu

5356B NEW MORIN RD

5283 NEW MORIN RD

1125 MABEL’S LANE

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5300 NEW MORIN RD

5356 NEW MORIN RD

Legend Proposed Severance

NEW MORIN RD

Subject Property Parcel Fabric

Proposed Severance 3 S-13-21-P

3372 VANLUVEN RD

n Rd

Proposed Severance 2 S-12-21-P

Wetland

5356 NEW MORIN RD

Retained Lands

Va nluve n Rd

Page 75 of 234

VAN LUVEN RD

Provincially Significant Wetlands

5117 KNOWLTON LAKE RD 5125 KNOWLTON LAKE RD

5115 KNOWLTON LAKE RD

a ke lton L

Kno

ri Ne w M o

Proposed Severance 1 S-11-21-P

S-13-21-P, S-12-21-P and S-11-21-P (500675 Ontario LTD) (Beach)

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.

5111 KNOWLTON LAKE RD VANLUVEN RD

5101 KNOWLTON LAKE RD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

1068 AIREDALE LANE

Scale 1:4,100

012.525

100

Meters UTM Projection NAD 83

Date: 2021-06-22

Page 76 of 234

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Page 77 of 234

Page 78 of 234

ENVIRONMENTAL New Morin Road IMPACT ASSESSMENT (EIA)

Light Green: Contours.

Dashed BlackLine: Existing access road.

LightBlue Line: Awatercourse_

as “1” and “2”.

Red lines: The two lots identi?ed

Image features include:

‘4

‘

d _ aLuven

I‘:

‘

watercourse

At your request we undertook this EIA due to the intention of 5006755 Ontario Ltd. to sever two lots at the west end of 5356 New Morin Road. The purpose of this EIA is to determine if the development of these two lots will constitute negative impacts to natural heritage features for the purposes of the Provincial Policy Statement and the South Frontenac Official Plan.

Dear Mr. Beach

RE:

Via Email: beachgaryj@gmaiI.com

Ecological Services R.R. 1,3803 Sydenham Road Elginburg, Ontario KOH 1M0 Phone: (613) 376-6916 E-mail: mail@ecologicalservices.ca

C/O Gary Beach PO Box 98 Battersea ON KOH 1H0

March 2, 2021

Page 79 of 234

Ecological Services—March2, 2021

If construction activity is to be closer than 15 m to the watercourse, or if watercourse alterations are to occur, then silt fencing and hay bale sediment

Building location discussions with the CRCA and South Frontenac Township regarding the watercourse and the forested slopes of Lot 2 are recommended.

Overall, we have few concerns regarding natural heritage impacts with the proposed severed lots. Nevertheless, some mitigation recommendations are provided as follows:

The watercourse is intermittent and is strictly a water conveyance in that it conveys roadside ditch water from Vanluven Road. It is directed eastward through Lot 2 towards a swamp, a water travel distance of about 280 m. Once entering the swamp, it diffuses outwards, thus providing a further 385 m of buffering to Knowlton Lake. We defer to the CRCA in regard to potential conflicts with Ontario Regulation 148/06 and the watercourse but note that from an ecological perspective we do not have concerns with any proposed engineered stormwater alterations to this watercourse within Lot 2.

Lot 2 (i.e., the southern most) has some features that will provide some challenges with respect to the location of a ?xture house. These include a steep forested slope and a watercourse. We normally recommend avoid building within a steep forested slope if there is a sensitive aquatic feature at the base of the slope, but that is not the case here, as the wetland is about 220 from the closest slope of Lot 2 and Knowlton Lake is about 600 m from the closest base of the Lot 2 slope. However, this steep slope can represent a safety hazard and we defer to building restrictions by the Township in this regard.

The entire property of 5356 New Morin Road contains wetland, signi?cant woodland features, possible Species at Risk habitat, and potential signi?cant wildlife habitat. It is also adjacent to wetland, ?sh habitat and Knowlton Lake, which has been designated as a sensitive lake trout lake in the South Frontenac Township Of?cial Plan (OP). However, the proposed severance lot locations are at the west end of 5356 New Morin Road, which puts them more than 200 m from the Knowlton Lake wetland and about 600 m from ?sh habitat in Knowlton Lake, which is well beyond a potential impact range for the impacts of two housing lots. Due to the habitat features of the proposed lots, their potential to contain viable Species at Risk and signi?cant wildlife habitat is low.

The property at 5356 New Morin Road has been used for aggregate extraction and the natural heritage features of the lots has been negatively in?uenced by this history of disturbance from past sand extraction operations as well as the construction and operation of Vanluven and New Morin Roads.

New Morin Rd. Sevcrances : BIA

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Ecological Services March 2, 2021

SAR turtles are not expected on the potential building areas, but there are potential risks to nesting turtles if later development is proposed for the remainder of 5356 New Morin Road. If that is to occur, it is recommendedthat appropriate Ministry of Natural Resources and Forestry turtle survey protocols be employed.

The approximate area of the severances is circled in dark blue in the adjacent cut out from Schedule A of the South Frontenac Official Plan (OP). The underlying white means it is rural zoning. The light blue line represents the existing watercourse. The dark blue shading on the property on the west side of New Morin Road represents a Mineral Aggregate designation. The light green shading areas to the east and north represent Environmental Protection Areas (EPA). The EPA area to the north is wetland and is within 120 m of the northernmost severance.

Background

Initial shrub and tree clearing should take place outside of the Migratory Birds Convention Act breeding season (April 15 to Aug. 15). If it is necessary to clear trees during the maternity/roost season, then targeted trees will need to be ?rst surveyed by a quali?ed biologist to determine if maternity/roost activity is present in any one tree. If maternity/roost activity is present, that tree will need to remain until mid-August.

biologist to determine if SAR bat activity is present in any one tree. If this is the case, then that tree will need to remain until mid-Sept.

New Morin Rd. Sevcrances : EIA

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Ecological Services —

T., .

Watercourse Source

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CUT (Cultural Thicket): A shrub and tree sapling area dominated by Staghorn Sumac, European buckthorn, and prickly ash. It also contains tree saplings, mainly composed of white ash. This is the area with the lowest ecological value of Lots 1 and 2. ‘

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Ag (Agricultural): The nearby ?elds have been used for both cash crop purposes and for hay production.

Figure 1. ELC mapping. The red lines separate the ELC types, the yellow lines are the approximate property boundaries of the two lots, and the light blue line represents a water course that collects stormwater from the south side of Vanluven Road and directs it through a culvert, where it eventually diffuses out into a swamp.

;

March 2, 2021

Ecological Land Classi?cation (ELC) mapping (Figure 1) for the severance lots was based on Lee et al., (1998). The ELC mapping terms are described further on.

Ecological Land Classi?cation

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Natural Heritage Features

Ecological Services -March 2, 2021

Gray Rat Snake (Threatened): This snake has been observed in the region, and we did

In our opinion, the development of the two lots would not pose a risk to Blanding’s Turtles, but if development is proposed on the property ?irther to the east in the old sand pit, it is recommended that it be preceded by the requisite survey visits described in MNRF (2015). As is noted in MNRF (2015), if the appropriate surveys are undertaken and no Blanding’s nesting is found to occur, then it is indicated that nesting is unlikely.

Portions of the remnant sand pit that extend east of the Lot 1 severance property contains egg laying features and a depredated Painted Turtle nest site was observed here. If Blanding’s Turtle nesting did occur here, it would put both severance properties within Category 3 Habitat, which as noted in MNR (undated 1) does have a tolerance to nearby alterations.

site.

Blanding’s Turtles also travel overland to reach prospective nest laying sites. The straight-line travel distance from the lake to the severance properties of about 675 meters, is at the outside range for this purpose, but still possible for egg laying purposes. However, a suitable egg laying site must be open to the sun to support egg incubation, and except for the access road, the severance properties do not contain ideal egg laying features. For obvious reasons, a roadway should not be considered a suitable egg laying

Blandings Turtles travel overland to reach other suitable wetlands (i.e., ones with some open water) for feeding, mating, and overwintering purposes. The severance properties do not contain such wetlands, and the more likely movement directions for these purposes would be north towards I-lollefordCreek, or east towards the many Canadian Shield lakes and ponds located between Knowlton Lake and the Gould Lake Conservation Area.

Blanding’s Turtle: There is the potential for Blanding’s Turtles (Threatened) to be present in nearby Knowlton Lake. However, at a separation distance of more than 600 m, any turtle habitat (e.g., feeding and overwintering) in the lake itself would not be at risk from development associated with the proposed severances.

Species at Risk (SAR)

Impact Discussion

New Morin Rd. Severances : BIA

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March 2, 2021

SAR Bats (Endangered): There are four SAR bat species in the province and from our extensive acoustic monitoring efforts in region in the last two years, we have found three of these species to be thinly dispersed throughout. It is normal for us to pick up at least one of the three species during acoustic monitoring at any site we assess. Consequently, any older tree has the potential to be a SAR bat maternity or roost tree. Removal of such a tree would not be a limiting factor (i.e., a negative impact) to SAR bat populations as there is no lack of such trees available. However, it would be a violation of the Endangered Species Act if an active roost or maternity tree were removed during the

The adjacent abandoned sand pit does have potential favorable features, but the lack of sightings in the region (the next closest sighting is over 6.5 km away) puts the probability of them being here as low. Nevertheless, if ?irther development of the sand pit is proposed, we would recommend that a Whip-poor-will nesting survey be undertaken.

Whip-poor-will (Threatened): The closest Whip-poor-will posting on eBird is about 3 km to the north, and well outside any impact range. The severance properties themselves do not contain good Whip-poor-will features and in our opinion the probability of them using these sites as non-existent.

Eastern Meadowlark (Threatened): The closest Meadowlark ebird postings are for farm ?elds to the north and west of the proposed severances at distances of about l .8 km and 1.5 km respectively, and well outside any impact range. There is no suitable Eastern Meadowlark habitat on 5356 New Morin Road, including that of the severance properties. One of these is unsuitable as nesting habitat as it used for cash crops, and the potential core nesting area of the second (a hay?eld) is over 200 m away and outside any impact range.

Bobolink (Threatened): The closest Bobolink ebird postings are for farm ?elds to the north and west of the proposed severances at distances of about 3 km and 1.5 km respectively, and well outside any impact range. There is no suitable Bobolink habitat on 5356 New Morin Road, including that of the severance properties. There are farm ?elds on the adjacent property to the north of New Morin Road. One of these is unsuitable as nesting habitat as it used for cash crops, and the potential core nesting area of the second (a hay?eld) is over 200 m away and outside any impact range.

The intention of Gray Rat Snake habitat protections are to preserve critical life cycle features such as hibernacula, egg laying sites, and thermoregulatory sites (see MNR undated 2). None of these features are evident on the severance properties and in our opinion, the development of the two severances will pose no risk to the Gray Ratsnake.

New Morin Rd. Severances : EIA

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March 2, 2021

The larger 3.8 ha. woodland patch runs beside the closed Concession line of which approximately 0.6 ha of its eastern end are located within Lot 2. The eastern end of this woodland is more than 120 m from Lot 2 and does provide a buffering ?mction for the adjacent swamp. However, the woodland portion within Lot 2 and the adjacent lands

The smaller woodland patch runs beside New Morin Road and is not part of either Lot 1 or 2 and is at no risk from the development of either.

The two woodland patches on 5356 New Morin Road that are associated with the severance properties are too small (3.8 and 2.8 ha.) and narrow to have signi?cance for size or core habitat. As well, and in our opinion, they are the most common deciduous woodland type (FOD5—4)in the region and lack signi?cant ecological features.

Woodland

Butternut (Endangered): Two dead butternuts were observed in the steep slopes of the FOD5-4 woodland of Lot 2. In our opinion a BHA is not warranted as both trees were clearly dead (see adjacent image).

Note: These SAR bats will not be at risk from wintertime construction activity as they migrate off site to cave hibernacula.

If active removal is proposed to take place during the maternity/roost season, then a speci?c tree assessment should be undertaken. This can include an exit survey and/or acoustic monitoring if the tree contains cavities or is a snag tree. If that effort determines the tree is being actively used by SAR bats, then removal will have to be delayed until after mid-Sept.

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Accordingly, the necessity to discuss signi?cant wetland impacts is removed.

The need to evaluate the ecological functionofaafacentlands (i.e., undertake an EIS or equivalent study) would be removed ifproponents choose to avoid having development and site alteration occur within the extent of aa?acentlands.

As there is no recognized signi?cant wetland within 120 m of the proposed severances, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual.

The main wetland located within 5356 New Morin Road is more than 120 m away from the proposed severances. There is a deciduous swamp that is about 106 m to the north of the northern most severance, and more than 120 m from the southern severance. Having completed over 100 wetland evaluations from 1985 to 2020 it is our opinion that it would be very highly unlikely that such a small (~8.7 ha.) isolated swamp that is surrounded by farmland would score enough points to be considered a signi?cant wetland.

Significant Wetland

If we are to assume that no building is to occur within the steep forested slopes, there is still the question of how the watercourse may restrict the location of potential building locations due to possible con?icts with Ontario Regulation 148/06. In our opinion, engineering options can mitigate any con?icts with this watercourse as we note that it is strictly a water conveyance that lacks ecological aquatic features. Discussion with the CRCA in this regard are recommended.

Nevertheless, the steep slopes could represent a safety hazard if considered as a location of a possible future build site. We defer to South Frontenac Township in this regard as safety hazards are outside the bounds of an EIA.

The lack of signi?cant natural heritage features of the woodland associated with Lot 2 suggests a future house could be built within the woodland portion of Lot 2 and be consistent with the PPS and the OP. However, some sections of the woodland contain steep slopes. For the South Frontenac OP, wooded slopes are considered valuable if they protect an adjacent sensitive water feature, but any sensitive water feature is well outside (i.e., >120 m) the boundaries of this lot. We do not consider the watercourse a sensitive water feature because it lacks aquatic ecological features.

New Morin Rd. Severances : EIA

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Ecological Services —

March 2, 2021

The most notable feature about this pond is its use as a watering spot for deer and other

Further Note: There is a small seasonal pond within the pit floor that is bisected by the northern severance boundary. It has a maximum size of about 78 m2and has formed within a past pit extraction depression. From a review of past aerial images, it appears to mostly dry up on occasion. It has no surface water connection to another water source and is too shallow to support fish habitat.

Note: The 300 m listed in the OP for sensitive lake trout lakes (e.g., Knowlton Lake) is intended as a development restriction zone. The proposed severances are more than 500 m from Knowlton Lake, and so the need for discussion of this restriction zone is removed.

Accordingly, the necessity to discuss ?sh habitat impacts is removed.

lands (i.e., undertake an EIS The need to evaluate the ecological functionofaa?acent or equivalent study) would be removed J proponents choose to avoid having development and site alteration occur within the extent ofadjacent lands.

The severance properties are more than 500 m from Knowlton Lake fish habitat. In this regard, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual.

Fish Habitat

Accordingly, the necessity to discuss ANSI impacts is removed.

The need to evaluate the ecological functionofaajacent lands (i.e., undertake an EIS or equivalent study) would be removed ifproponents choose to avoid having development and site alteration occur within the extent ofadjacent lands.

There are no ANSI’s within 120 m of the proposed severances. In this regard, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual.

Area of Natural and Scienti?c Interest

New Morin Rd. Sevcranccs : EIA

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Ecological Services March2, 2021

Habitat for Species of Conservation Concern: This category is intended to cover Sl , S2, S3 ranked species and species of Special Concern. The Eastern Wood Pewee and Wood Thrush are Special Concern woodland birds that are found in woodlands within 1 km to the north, east, and south of the severance properties. None have been reported on the severance properties or within 120 m of the severance properties. Nevertheless, they are not uncommon in the region and it is conceivable that they could use the adjacent deciduous woodlands associated with the severance properties, as they do have favorable habitat features, but these are outside of the potential building areas of the two lots.

Wildlife Habitat Recommendation 1. If ?trther development is proposed on the property further to the east in the old sand pit, it is recommended that it be preceded by the requisite survey visits described in MNRF (20l5a). This survey manual (i.e., MNRF 20] 5a) was intended for Blanding’s Turtles, but can be used for all turtle species.

Turtles are tolerant of nearby human activity when nesting. A case in point is their common use of urban lawns, gravel driveway edges, and road edges for nesting.
The recommended building location for the northern severance is at the top of the slope next to New Morin Road. This would place it more than 30 m from the start of potential nesting areas.

In our opinion, the development of the two lots would not pose a risk to adjacent turtle nesting for two reasons:

Turtle Nesting Area: For an area to function as a turtle nesting area it must provide appropriatesubstrates for turtles to dig in to lay their eggs and be in an open sunny area. They also need to be within proximity to aquatic habitat. Nesting features exist on portions of the adjacent sand pit extending about 300 m east of the northern severance, and a depredated Painted Turtle nest was observed here. To be signi?cant requires the presence of ?ve or more nesting Painted Turtles, and we could only ?nd the one nest. One or more Snapping or Map Turtle nests also constitutes signi?cant wildlife habitat.

There are 34 categories of wildlife habitat in MNR (201 5b) that need to be considered for any application,of which 2 require discussion for the severances.

Wildlife Habitat

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March 2, 2021

MECP (Ministry of the Environment, Conservation, and Parks Species at Risk Branch).

MNR (Ontario Ministry of Natural Resources). 2015b. Signi?cant Wildlife Habitat Ecoregion 6E Criterion Schedule. Draft.

MNRF (Ministry of Natural Resources and Forestry). 2018. Natural heritage information request guide. Regional Operations Division.

MNR (Ministry of Natural Resources). 2010. Natural Heritage Reference Manual for Natural Heritage Policies of the Provincial Policy Statement, 2005. Second Edition.

Lee, H., W. Bakowsky, J. Riley, J. Bowles, M. Puddister, P. Uhlig, and S. McMurray. 1998. Ecological Land Classi?cation for Southern Ontario. Natural Heritage lnformation Centre.

References

Rob Snetsinger Ecological Services

Respectfully Submitted,

Wildlife Recommendation 2. Some site alteration will be necessary for the severances, and the associated vegetation (e.g., trees and shrubs) may contain nests of migratory birds. It is a contravention of the Migratory Birds Convention Act to destroy these nests during the breeding season. To avoid contraventionof the Act, it is recommendedthat initial site alteration take place outside of the bird breeding season (mid-April to mid-August). If it is necessary to clear the site during the breeding season, it is recommended that the areas be first surveyed by a quali?ed biologist to determine if nesting is present. If that is the case, then site clearing will have to avoid disturbing the nests until mid-August after the young have ?edged.

New Morin Rd. Severances : EIA

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MNR (Ministry of Natural Resources and Forestry). 2015a. Survey protocol for Blanding’s Turtle (Emydoidea blandingii) in Ontario. .

MNR (Ministry of Natural Resources). Undated 2. Habitat protection summary for Gray Ratsnake (Frontenac Axis Population).

New Morin Rd. Severances : EIA

Ecological Services R.R. 1, 3803 Sydenham Road Elginburg, Ontario K0H 1M0 Phone: (613) 376-6916 E-mail: mail@ecologicalservices.ca June 20, 2021 Mike Deodato c/o Gary Beach Via Email: beachgaryj@gmail.com RE:

Addendum to 5365 New Morin Rd. Severances EIA

At the request of Gary Beach, we are responding to the Ministry of Environment Conservation and Parks (MECP) April 15, 2021 letter to Anna Geladi (Planner, Township of South Frontenac) from Jon Orpana (MECP Environmental Planner). In the letter, Mr. Orpana contends that a tributary creek system and treed swamp would provide a direct surface water connectivity to Knowlton Lake. This is in the context of the South Frontenac Township Official Plan 300 m setback requirement. Mr. Orpana makes the point in his letter that his opinions are based on the information currently available to him. The following six points are provided to better inform him of the situation.

The South Frontenac Official Plan notes: ii) Generally, the creation of new lots, through the severance consent process, within 300 metres (984.3 feet) of a highly sensitive lake trout lake will not be considered for approval due to the potential to further degrade the water quality necessary to maintain a healthy lake trout population

There is room to have the septic systems of both newly created lots located more than 675 m from Knowlton Lake, and thus be consistent with the Official Plan. 2. A point was made that the intervening swamp is part of the lake, and therefore there needs to be 300 m from the swamp. For reasons discussed below, we disagree with this contention but there is room to have both septic systems of the newly created lots more than 300 m from the intervening swamp. 3. Similar to the Official Plan, the MECP Lakeshore Capacity Assessment Handbook implies no development within 300 m from a lake but goes further to state no development within 300 m of a permanent tributary to the lake. The drainage course that picks up roadside stormwater on Vanluven Rd. is not a permanent stream, but instead is an intermittent stream whose flows are dictated by precipitation events. We were on site during a rainfall event, and the average depth in the stream was about 3 cm and it flows overland. For surface water within the watercourse to have a nutrient impact on the lake, nutrients picked up from the severance locations would have to flow unimpeded for over 600 m. However, there are many impedances in that 600+ m, including leaves, rocks, and woody debris over the first approximate 270 m, and then the swamp where any

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5356 Morin Rd

Ecological Services – June 17, 2021

semblance of a channel ends. Nutrients drop out over time in such systems. This basic scientific fact is one reason that specific setback distances have been established in the province. 4. The stream in question conveys roadside stormwater. In the following image, the water flowing into this property originates from a perched culvert under Vanluven Rd., seen in the left of following image from Dec. 3, 2020. This image is being because the culvert becomes obscured by vegetation in the summer. From here stormwater would flow northeast, until it hits the bottom of the slope, and then flow east where any semblance of a watercourse ends (see End below) about 10 m before the start of the swamp. The watercourse is often dry, as was the case on June 20, 2021 two days after a full day of rainfall. The inserted middle photo below shows the dry channel as seen on June 20, 2021. The septic systems will be underground and not have a direct connection to this surface water conveyance. Instead, septic system nutrient flows will have to cover an underground distance of over 600 m to the lake.

The intervening swamp is an Ash Mineral Swamp Type (SWD2) containing both green and black ash, with a moss and fern rich understory. There is no channel through the swamp. In spring it contains vernal pools, but these eventually dry up (as was observed on June 20, 2021). There is no direct surface water connection between lands to the west of the swamp and the lake.

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Ecological Services – June 17, 2021

The most important point is regarding the pollution attenuation ability of the intervening SWD2 wetland. The pollution attenuation ability of wetlands is well established in the scientific literature, and MECP does support the construction of wetlands for this purpose. More importantly, this pollution attenuation function is a key scoring component of Section 3.2 Water Quality Improvement of the provincial wetland evaluation system (see Ontario Wetland Evaluation System, Southern Manual, 3rd Edition, Version 3.3, 2014). We have been evaluating wetlands since 1984 and have completed over 100 wetland evaluations, and therefore can speak with authority on this subject. In Section 3.2.1 Short Term Water Quality Improvement and 3.2.2. Long Term Nutrient Trap of the evaluation manual, we have determined that the intervening SWD2 wetland would receive the highest possible scores attainable in an evaluation because of its location relative to the lake, the agricultural catchment, and its predominately treed nature. To reject this recognized and widely documented pollution attenuation ability of wetlands, would reject the scoring of all wetland evaluations (including provincially significant wetlands) that have been undertaken in the province.

Respectfully submitted,

Rob Snetsinger Ecological Services

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Ecological Services R.R. 1, 3803 Sydenham Road Elginburg, Ontario K0H 1M0 Phone: (613) 376-6916 E-mail: mail@ecologicalservices.ca July 30, 2021 C/O Gary Beach PO Box 98 Battersea ON K0H 1H0 Via Email: beachgaryj@gmail.com RE:

ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 5356 New Morin Road

The property outline of 5356 New Morin Road is shown in red in the adjacent image. The severances will be at the east and west ends of the property, with the center portion being retained. Ecological Services undertook an EIA in 2020 for two west severances. In 2021 an extension of the EIA was requested by South Frontenac Township to include the original house lot at the east end of 5356 New Morin Rd. as it also to be severed. This requires us to determine that a house and septic system are possible for the retained lot without causing a negative impact to significant natural heritage features for the purposes of the Provincial Policy Statement and the South Frontenac Official Plan. To complete this EIA, Rob Snetsinger of Ecological Services visited the site on Oct. 18, Dec. 5, 2020, June 20 & 29, 2021, and with Dale Kristensen on July 14, 2021. The focus of the 2020 field work was on the western most severances, including the 120 adjacent lands. The 2021 field work considered the whole property, and therefore provides more precise mapping and a better understanding of overall site ecology. Contained within 5356 New Morin Road are wetland, significant woodland features, possible Species at Risk habitat, and potential significant wildlife habitat. It is also

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Ecological Services – July 29, 2021

New Morin Rd. Severances : EIA

adjacent to a wetland, fish habitat and Knowlton Lake, which has been designated as a sensitive lake trout lake in the South Frontenac Township Official Plan (OP). Western Severances (0.8 and 0.9 ha): The recommended septic locations of both western severances will be about 675 m to Knowlton Lake and about 300 m to the nearest area of wetland. This will be well beyond a potential impact range for these two lots. Due to the habitat features of the two proposed lots, their potential to contain Species at Risk and significant wildlife habitat is low. Eastern Severance (0.9 ha): The eastern severance contains an existing house with a barn/garage outbuilding, a septic system, a pool, and an area of landscaped lawn of about 0.9 ha., that extends into part of the proposed retained lot. The original barn/garage (25’ x 40’) will be torn down and replaced with a larger garage (30’ x 40’) that will be setback 20’ further from Knowlton Lake, for a total separation distance of about 112 m to the edge of the lake. The septic system is located behind the house and is about 109 m from the lake edge, and it will be refurbished. Pushing the garage further back from the lake and refurbishing the septic system is seen as an improvement to the status quo. Retained Lot (5.2 ha): The east/west center portion of the retained lot was used as an unlicensed pit primarily for sand extraction and contains a dirt road along its length. Overall, it has potential for significant natural heritage features, but the center portion is an area of low ecological sensitivity and significance, and the most impacted (least ecologically valuable) area is at the northeast end where a house and septic system is recommended. If the future septic system is located here it can allow for a potential effluent pathway through an existing dug depression at the base of the forested slope with a natural downward topography that can provide a flow distance of over 670 m to the start of the adjacent wetland, and 1.1 km to the lake edge. There is a storm drain conveying stormwater off VanLuven Road via a culvert to the south side of Vanluven Road onto 5356 New Morin Road. From here it follows a downward path of about 350 m through the deciduous woodland and ends at the start of a forested swamp, primarily because the land flattens out at that point, and the water volume by this point is minimal. From here, any water would diffuse outwards, thus providing a further 385 m of buffering to Knowlton Lake. We defer to the CRCA in regard to potential conflicts with Ontario Regulation 148/06 and the watercourse but note that from an ecological perspective we do not have concerns with any proposed engineered stormwater alterations to this watercourse. Overall, we have few concerns regarding natural heritage impacts with the potential severances. Nevertheless, some mitigation recommendations are provided as follows: •

It is recommended that the new septic field locations of the western most lots be built on the slope tops of these two lots to maximize distance from the lake.

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New Morin Rd. Severances : EIA

•

Building location discussions with the CRCA and South Frontenac Township regarding the watercourse and the forested slopes of the western lots are recommended.

•

If construction activity of the western lots is to be closer than 15 m to the watercourse, or if watercourse alterations are to occur, then silt fencing and hay bale sediment barriers should be erected and be maintained until the completion of the construction project.

•

It is recommended that the build location of the retained lot occur at the northeast end of the lot. More field work is recommended if development is to occur beyond this location with a specific focus on turtle nesting using the MNRF (2015b) survey protocol.

•

Initial tree clearing should take place outside of the SAR bat maternity and roosting season (mid-April to mid-Sept.). If trees need to be cleared during the active season, then targeted trees will need to be first surveyed by a qualified biologist to determine if SAR bat activity is present in any one tree. If this is the case, then that tree will need to remain until mid-Sept.

•

Initial shrub and tree clearing should take place outside of the Migratory Birds Convention Act breeding season (April 15 to Aug. 15). If it is necessary to clear trees during the maternity/roost season, then targeted trees will need to be first surveyed by a qualified biologist to determine if maternity/roost activity is present in any one tree. If maternity/roost activity is present, that tree will need to remain until mid-August.

Background There are no significant natural heritage features shown in the adjacent detail from Schedule A of the South Frontenac Official Plan (OP). The underlying white means it is rural zoning. The light blue line represents the existing watercourse, although as will be discussed that this is not an accurate representation of the watercourse as it does not connect to Knowlton Lake. The dark blue shading on the property on the west side of New Morin Road represents a Mineral Aggregate designation. The light green shading areas to the east and north represent Environmental Protection Areas (EPA). The EPA area to the north is wetland and is within 120 m of the northernmost severance.

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New Morin Rd. Severances : EIA

Species at Risk (SAR) are those that are designated as either endangered or threatened by the province under the Endangered Species Act, and SAR screening for the severances and the adjacent lands was undertaken using the MNRF (2018) and MECP (2019) screening protocols. There is the potential for Blanding’s Turtles (Threatened) to be in Knowlton Lake and the property is within the habitat range of the Gary Rat Snake (Threatened). Species at Risk bats (Endangered) are thinly dispersed throughout the region as well. These three will be discussed further on. Barn Swallows (Threatened) have been reported in the region, but none were observed on site and no nests were found in the barn/garage structure of the original build site. Bobolink (Threatened) and Eastern Meadowlark (Threatened) are also reported for this region, but these are field birds, which is not present within the severance lands. Whippoor-will (Threatened) are reported for the region, but none were encountered during surveys. Ecological Land Classification Ecological Land Classification (ELC) mapping (Figure 1) for the severance lots was based on Lee et al., (1998). The ELC mapping terms are described further on. The following mapping is different than the mapping provided in 2020 as this earlier effort was focused on the west end of the property and did not involve detailed site assessment at the east end of the property.

Figure 1. ELC mapping. The red lines separate the ELC types, the yellow line represents an old roadbed.

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Cu (Cultural): Refers to areas that have been converted for a specific cultural use, and in this case it refers to existing built lots and their associated landscaping.

CUM/CUT/CUW (Cultural Meadow/Cultural Thicket/Cultural Woodland): This ELC type primarily exists in the past sand extraction zone and includes a dirt road running throughout its length, that is evident in the lower right of the adjacent image. Due to the diffuse nature of shrub, tree and meadow vegetation throughout, it is not possible to define the entire area as just a CUM, CUT, or CUT habitat within the limitations of the 0.5 ha polygon restriction. The diffuse tree cover is primarily along the northern edge and includes white birch, red maple, sugar maple, black walnut, white pine, and apple. Common shrub species present include Tartarian honeysuckle, Staghorn Sumac, European buckthorn, prickly ash, and shrub sized tree saplings such as white ash. Meadow species that are typical of a roadside site, rather than a true meadow, are present and include many weedy species as motherwort, plantain, lamb’s quarters, blueweed, ragweed, orchard grass, mullein, birds foot trefoil, dog strangling vine, and Kentucky bluegrass. The eastern end of this ELC type contains much cast-off materials such as fill piles, lumber, brush piles, and scrap material, and this is the recommended location for a future house as it has the lowest ecological value within the retained land.

FOD5-4 (Dry Fresh Sugar Maple-Ironwood Deciduous Forest Type): This woodland type often results from sites with past disturbances, and in our opinion, is the most common deciduous woodland type in South Frontenac Township. Other common tree species present include American elm and white ash, with several of the latter in the process of succumbing to emerald ash borer damage. The woodland associated with the property contains some older age class trees (~ 70 years) years but is primarily represented by a younger age class (~ 25 years) and is mostly located on the northern and southern slopes that bound the subject property. Past the forest edge, the ground cover is sparse but poison ivy, Pennsylvania sedge, and Virginia creeper were often encountered.

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FOC4-1 (Fresh Moist White Cedar Coniferous Type): Previously thought to be part of the swamp, a more detailed mapping assessment on July 20, 2021 revealed it to be an lowland forest type dominated by white cedar, with lesser amounts of white birch and red maple. The ground cover is sparse but includes bulblet fern, cinnamon fern, mosses, helleborine, poison ivy, and Pennsylvania sedge.

FOC (Coniferous Forest): There are two coniferous dominated woodland types associated with the subject property that contain primarily white pine and white cedar, and with a relatively sparse understory. Both types are located on lower slopes adjacent to the SWM1-1 wetland. MAS2-1 (Cattail Mineral Shallow Marsh Type): Located on the edge of Knowlton Lake and partially separated from the adjacent swamp further west by an old roadbed. The roadbed is likely acting in some capacity as a berm and thus influencing the wetland hydrology, whereby the wetter wetland type is to the east, and the drier wetland type is to the west. As the name implies, it is dominated by cattails and these are interspersed primarily with swamp loosestrife. The diversity of species is higher in proximity to the roadbed and includes species such as white cedar, marsh fern, purple loosestrife, and various sedge species. SWM1-1 (White Cedar-Hardwood Mineral Mixed Swamp Type): Previously thought to be a deciduous swamp because of forays into the western end of this wetland, a more detailed mapping assessment revealed it to be a white cedar dominated swamp. There are some pure deciduous swamp patches at the western end, but these are below the 0.5 ha. size threshold to be considered as separate ELC types. This white cedar dominated swamp includes black ash, green ash, white birch, and red maple, either in patches or interspersed within the

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white cedar. There are significant amounts of blowdown that has resulted in the hummocky nature that cedar swamps develop over the long term. Hummock formation is more developed in some locations and just getting started with more recent blowdowns. The hummocks are dominated by mosses and include a rich mix of ferns including cinnamon fern, marsh fern, sensitive fern, and royal fern. Other ground cover species include Carex crinita, C. lupulina, starflower, goldthread, and dwarf raspberry. Silky dogwood is a common shrub in this swamp. There are small ephemeral pools interspersed throughout, although associated amphibian production in these ponds would not be high due to their small size and shallow depths as prescribed and determined by MNRF (2015b) and (Aram et al. 2003). As well, amphibian production in cedar swamps is expected to be less that of a deciduous swamp. Watercourse: The term watercourse is not an ELC identifier but is included here for clarity. This watercourse carries roadside stormwater from ditches via a culvert (see adjacent image) to the south side of Vanluven Road onto 5356 New Morin Road. From here it was determined in July 2021 to flow east onto and then follows a downward path of about 350 m through the FOD5-4 woodland. It ends at the start of the SWM1-1 swamp, primarily because the land flattens out here, and the water volume by this point is minimal. Throughout this flow length it lacks aquatic plant and animal species and is to shallow and intermittent to support fish. It has little to no cut banks and was observed to be dry during two of the site visits. As such, it appears to be primarily a water conveyance during precipitation events.

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Impact Discussion – Natural Heritage Features Species at Risk (SAR) Banding’s Turtle (Threatened): We have observed Snapping and Painted turtles in Knowlton Lake and while we have never observed Blanding’s Turtles here, there is potential for them to be present. However, the more likely location for them to be found is in the swamp ridges of the Canadian Shield between Knowlton Lake and Gould Lake (extending north) as this habitat is the type that they are normally found in. Blanding’s Turtles need three important life cycle features including: Overwintering: This occurs in water that is deep enough to prevent ice from freezing to the bottom. While Blanding’s Turtles can rest on the bottom surface of a water body, they will occasionally burrow into the bottom sediments, or hide in muskrat houses, or hide under logs to prevent, among other things, predation by otters (which are also known to Knowlton Lake). There are no appropriate overwintering spots in the intervening wetlands at 5356 New Morin Road, and if overwintering does occur it would have to be in Knowlton Lake. There will be no intrusion into the lake by the development and all potential development activity will be set well back from the lake and there will be no risks to overwintering turtles. Feeding: Habitat features, including feeding areas, are described by Hartwig and Kiviat (2007), Wieten et al. (2012) and Whitney et al. (2014). Ideal sites include sufficient open water to provide cover, emergent vegetation and diverse submergent vegetation, which are present in Knowlton Lake, but not in the intervening wetlands, except for possibly the approximate first 10 meters of the lake edge MAS2-1 wetland type. There will be no intrusion into the lake and all potential development activity is set well back from the lake, and well setback from the lake edge MAS2-1 wetland, and there will be no risks to turtles feeding. Egg-laying: Successful Blanding’s Turtle egg laying sites require sun exposure (i.e., no overhanging shading), an appropriate substrate (e.g., sand and gravel), and a lack of nest predators (e.g., raccoons and skunks). We did observe evidence of nest predators (i.e., raccoon tracks), and much of the property has too much shade cover to provide suitable nest sites. However, one possible nest area (see adjacent image) was identified as a possible nest area. No evidence of Blanding’s Turtle nesting was observed, but an old depredated Painted Turtle nest was observed here.

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MNR (undated 1) lists three impact distance categorizations. Category 1: This is a 30 m distance from any nest or overwintering site and has high sensitivity to development. The possible turtle nesting area shown in the previous image is more than 30 m from any possible development and overwintering area. Category 2: This is a 30 m distance around suitable wetlands or waterbodies. These have a moderate sensitivity to development. The SWM1-1 wetland is not considered suitable Blanding’s habitat as dense cedar wetlands are not favored by Blanding’s Turtles. Nevertheless, there will be no development within 30 m of any wetland or waterbody associated with 5356 New Morin Road. Category 3: This is a distance from 30 to 250 m around a suitable wetland or waterbody, and has a low sensitivity to development. This distance would apply to the original lot at the east end and the retained lot. Activities that are not considered compatible are: Significant draining, infilling, dredging, or other significant alteration of wetlands or other suitable waterbodies. Significant alteration of shorelines, especially hardening (e.g. the use of gabion baskets, rip-rap, and rock armour).

None of these activities are expected with the development of the proposed severances and therefore no negative impact is anticipated.

SAR Bats (Endangered): When discussing SAR bats for this region we normally refer to the Northern Myotis, Little Brown Bat, and the Tri-colored Bat. None of these species overwinter in this region and therefor summer occurrences would be migrants. All three bats can be found in woodland habitat where they will roost in large old snag trees or large trees with numerous open cavities. These are lacking in the potential build areas and as such there would be little risk to SAR bats from the severance developments. Little Brown Bat in particular favor old open structures, but we found no evidence of them in the old barn/garage at the east end of the property. We commonly record a few foraging passes of one or more SAR bats at our acoustic monitoring sites throughout the region leading us to believe that they are thinly dispersed in summer throughout the region. It is rare for us to pick up a concentrated number of calls at a site and we rarely encounter the Eastern Small Footed Myotis, primarily because of their somewhat unique habitat requirements that are lacking in the Township. Prior to the introduction of Pseudogymnoascus destructans (cause of white nose syndrome) the current SAR bat species were not habitat limited. However, with the large population declines from this fungus, SAR bats would be even less habitat limited as there would be less competition for sites by the smaller surviving populations. From our sampling work over the last four years, we conclude that it could be possible to find SAR bats foraging in low numbers in almost any area of the Township in any one year. As such, it is possible that a SAR bat may use the southern slope woodlands where

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there are older trees for roost or maternity purposes at some time or another. This does not mean that these woodlands need protection for SAR bat purposes because as previously discussed, there is no shortage of habitat in the region and bats are flexible in their habitat choices. However, it does mean that any trees or the existing barn/garage should not be removed during the SAR bat roosting and maternity season (April 15 to Sept. 15) to avoid direct harm to SAR bats. If removal needs to take place within the roosting and maternity season, acoustic monitoring efforts will need to be undertaken to confirm the absence of roosting SAR bats. Note: SAR bats will not be at risk from wintertime construction activity as they migrate off site to cave hibernacula.

Gray Rat Snake (Threatened): This snake has been observed in the region, and we did discover a hibernacula on the Gould Lake property, approximately 3 km to the east, in association with the multi pond Canadian Shield habitat. This Canadian Shield habitat that extends east and north of Knowlton Lake is typical Gray Rat Snake habitat. They avoid the flatter farm areas to the west and south that includes the severance properties. We have discussed this geographic area avoidance with Dr. Pat Weatherhead, whose research has been responsible for much of the ratsnake knowledge in the province. There is no clear reason, but it may they are more prone to predators in this more open habitat and thus avoid it. The intention of Gray Rat Snake habitat protections is to preserve critical life cycle features such as hibernacula, egg laying sites, and thermoregulatory sites (see MNR undated 2). None of these features are evident on the severance properties and in our opinion, any development associated with 5356 New Morin Road will pose no risk to the Gray Ratsnake. Bobolink (Threatened): The closest Bobolink ebird postings are for farm fields to the north and west of 5356 New Morin Road at distances of greater than 1.5 km, and well outside any impact range. There is no suitable Bobolink habitat on 5356 New Morin Road and none were observed here. There are farm fields on the adjacent property to the north of New Morin Road. One of these is unsuitable as nesting habitat as it used for cash crops, and the potential core nesting area of the second (a hayfield) is over 200 m away and outside any impact range. Eastern Meadowlark (Threatened): The closest Meadowlark ebird postings are for farm fields to the north and west of 5356 New Morin Road at distances of greater than 1.8 km, and well outside any impact range. There is no suitable Eastern Meadowlark habitat on 5356 New Morin Road. There are farm fields on the adjacent property to the north of New Morin Road. One of these is unsuitable as nesting habitat as it used for cash crops, and the potential core nesting area of the second (a hayfield) is over 200 m away and outside any impact range. Whip-poor-will (Threatened): The closest Whip-poor-will posting on eBird is about 3 km to the north, and well outside any impact range, and the next closest is over 6.5 km away. No Whip-poor-will were calling during the June 29, 2021 night site visit, but they

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were active this night at several other sites in the region. As such, if they were present at 5356 New Morin Road we would have expected to hear them.

Butternut (Endangered): Two dead butternuts were observed in the steep slopes of the FOD5-4 woodland within the southwestern most severance. In our opinion a BHA is not warranted as both trees were clearly dead (see adjacent image).

Woodland As shown in Table 1, the woodland patches at 5356 New Morin Road are too small to have significance for either size or core habitat. They also lack unusual features and are mostly represented by common forest types in the region.

Table 1. Forest patch sizes of 5356 New Morin Road. Location Type Size (ha.) North Slope FOD5-4 2.8 South Slope FOD5-4 1.8 South Slope FOC 2.0 Center Terrace FOC 0.8 Center Lowland FOC4-1 1.2

Those portions of the FOC4-1, FOC, and FOD5-4 woodlands that are within 30 m of the SWM1-1 wetland are providing a significant wetland buffering function. As such, it is recommended that there be no intrusion into those 30 m woodland zones for development purposes. The FOD5-4 woodland patches that are located on steep slopes could represent a safety hazard if considered as a location of a possible future build site. We defer to South Frontenac Township in this regard as safety hazards are outside the bounds of an EIA. If we are to assume that no building is to occur within the steep forested slopes, there is still the question of how the stormwater watercourse coming off VanLuven Road may restrict the location of potential building locations of the western most lots due to possible conflicts with Ontario Regulation 148/06. In our opinion, engineering options can mitigate any conflicts with this watercourse as we note that it is strictly a water conveyance that lacks ecological aquatic features. Discussion with the CRCA in this regard are recommended.

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Wetland The combined SWM1-1 (~ 4 ha.) and MAS2-1 (~ 2.5 ha.) wetland patches comprise a total wetland area of about 6.5 ha. Having completed over 100 wetland evaluations from 1985 to 2021, and more than 100 wetland assessments in that time, it is our opinion that it would be highly unlikely that such a small, isolated wetland located in a farmland catchment would score enough points to be considered a significant wetland. As there is no recognized significant wetland within 120 m of any possible build site at 5356 New Morin Road, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual. The need to evaluate the ecological function of adjacent lands (i.e., undertake an EIS or equivalent study) would be removed if proponents choose to avoid having development and site alteration occur within the extent of adjacent lands. Accordingly, the necessity to discuss significant wetland impacts is removed. Nevertheless, to reassure the CRCA and South Frontenac Township, it is unlikely that there will be negative impacts to the adjacent wetlands due to the available large separation distances for build locations and intervening tree buffers.

Area of Natural and Scientific Interest There are no ANSI’s within 120 m of the proposed severances. In this regard, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual. The need to evaluate the ecological function of adjacent lands (i.e., undertake an EIS or equivalent study) would be removed if proponents choose to avoid having development and site alteration occur within the extent of adjacent lands. Accordingly, the necessity to discuss ANSI impacts is removed.

Fish Habitat All potential new build locations will be more than 120 m from Knowlton Lake fish habitat. In this regard, we refer to the following excerpt from Section 4.4 of the Natural Heritage Reference Manual. The need to evaluate the ecological function of adjacent lands (i.e., undertake an EIS or equivalent study) would be removed if proponents choose to avoid having development and site alteration occur within the extent of adjacent lands.

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Accordingly, the necessity to discuss fish habitat impacts is removed. Note: There is a small seasonal pond within the pit floor that has a maximum size of about 78 m2 and has formed within a past pit extraction depression. From a review of past aerial images, it appears to mostly dry up on occasion. It has no surface water connection to another water source and is too shallow to support fish habitat. The most notable feature about this pond is its use as a watering spot for deer and other mammals. However, there is no wildlife habitat feature in MNRF (2015b) that considers an isolated watering pond as significant. Regardless, this pond is more than 30 m away from any potential building site and is further isolated by a steep sandy slope and a road.

Sensitive Lake Trout Habitat Regarding the two western most severances and a Ministry of Environment Conservation and Parks (MECP) April 15, 2021 letter to Anna Geladi (Planner, Township of South Frontenac) from Jon Orpana (MECP Environmental Planner). In the letter, Mr. Orpana contends that a tributary creek system and treed swamp would provide a direct surface water connectivity to Knowlton Lake. This is in the context of the South Frontenac Township Official Plan 300 m setback requirement. Mr. Orpana makes the point in his letter that his opinions are based on the information currently available to him. The following six points are provided to better inform him of the situation.

The South Frontenac Official Plan notes: ii) Generally, the creation of new lots, through the severance consent process, within 300 metres (984.3 feet) of a highly sensitive lake trout lake will not be considered for approval due to the potential to further degrade the water quality necessary to maintain a healthy lake trout population

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an intermittent stream whose flows are dictated by precipitation events. We were on site during a rainfall event, and the average depth in the stream was about 3 cm and it flows overland. For surface water within the watercourse to have a nutrient impact on the lake, nutrients picked up from the severance locations would have to flow unimpeded for over 600 m. However, there are many impedances in that 600+ m, including leaves, rocks, and woody debris over the first approximate 300 m, and then the swamp where any semblance of a channel ends. Nutrients drop out over time in such systems. This basic scientific fact is one reason that specific setback distances have been established in the province. 4. The stream in question conveys roadside stormwater. In the following image, the water flowing into this property originates from a perched culvert under Vanluven Rd., seen in the left of the adcjacentimage taken in Dec. 3, 2020. This December image is being used because the culvert becomes obscured by vegetation in the summer. From here stormwater would flow east, until any semblance of a watercourse ends about 10 m before the start of the swamp. The watercourse is often dry, as was the case on June 20, 2021 two days after a full day of rainfall. The inserted middle photo above shows the dry channel as seen on June 20, 2021. The septic systems will be underground and not have a direct connection to this surface water conveyance. Instead, septic system nutrient flows will have to cover an underground distance of over 600 m to the lake. 5. The intervening swamp is an White CedarHardwood Mineral Mixed Swamp Type with a moss and fern rich understory (see adjacent). There is no channel through the swamp. In spring it contains vernal pools, but these eventually dry up (as was observed on June 20, 2021).

The abandoned and degraded Concession Line

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Road acts as a berm at the east end of the cedar swamp and would impact water flow energy into Knowlton Lake. 7. The most important point is regarding the pollution attenuation ability of the intervening cedar swamp wetland. The pollution attenuation ability of wetlands is well established in the scientific literature, and MECP does support the construction of wetlands for this purpose. More importantly, this pollution attenuation function is a key scoring component of Section 3.2 Water Quality Improvement of the provincial wetland evaluation system (see Ontario Wetland Evaluation System, Southern Manual, 3rd Edition, Version 3.3, 2014). We have been evaluating wetlands since 1984 and have completed over 100 wetland evaluations, and therefore can speak with authority on this subject. In Section 3.2.2. Long Term Nutrient Trap of the evaluation manual, we have determined that the intervening treed swamp wetland would receive the highest possible scores attainable as a nutrient trap. To reject this recognized and widely documented pollution attenuation ability, would reject the scoring of all wetland evaluations (including provincially significant wetlands) that have been undertaken in the province. In the adjacent image, we provide a possible build and septic location for the retained lot with a star. This can allow for a potential effluent pathway through an existing dug depression (which can be enhanced) at the base of the forested slope with a natural downward westward topography. This can provide a flow distance of over 670 m to the start of the adjacent wetland, and 1.1 km to the lake edge, and meet the 300 m requirement of the OP. This reasoning will need to be confirmed by a qualified groundwater engineer.

Wildlife Habitat

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There are 34 categories of wildlife habitat in MNRF (2015b) that need to be considered for any application, of which 2 require discussion for the severances. Turtle Nesting Area: A possible turtle nest area is located in a part of the abandoned pit that has minimal vegetation and an open sand substrate, and a depredated Painted Turtle nest was observed here. To be significant requires the presence of five or more nesting Painted Turtles, and we could only find the one nest. One or more Snapping or Map Turtle nests also constitutes significant wildlife habitat. More field work would be needed to determine if these significant numbers were met, but in our opinion the recommended build locations (see stars in accompanying figure) do not pose a risk to turtle nesting due to the separation distances. Turtles are tolerant of nearby human activity when nesting. A case in point is their common use of urban lawns, gravel driveway edges, and road edges for nesting. Nevertheless: More field work is recommended if development is proposed to occur within 30 m of the possible nest area in the above image using the MNRF (2015b) survey protocol.

Habitat for Species of Conservation Concern: This category is intended to cover S1, S2, S3 ranked species and species of Special Concern. The Eastern Wood Pewee and Wood Thrush are Special Concern woodland birds that are found in woodlands within 1 km to the north, east, and south of the severance properties. None have been reported on the severance properties or within 120 m of the severance properties, and none were observed during any of the site visits. They are both vocal birds that call throughout the day and can be easily noted during a site visit. However, it is conceivable that they could use the adjacent FOD5-4 woodlands at some time or other, as these woodlands do have favorable habitat features. The declining numbers of these two species is largely due to impacts occurring in their winter ranges outside of Canada. There is not a lack of appropriate habitat in this region, and they do have a tolerance to modest levels of nearby human activity, such as with the adjacent small-scale developments proposed. Accordingly, our recommendation is the standard one associated with all migratory birds in relation to the Migratory Birds Convention Act, where it is a contravention of the Act to destroy nests during the breeding season. To avoid a contravention of the Act, it is recommended that initial site alteration take place outside of the bird breeding season (mid-April to mid-August). If it is necessary to clear the site during the breeding season, it is recommended that the areas

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be first surveyed by a qualified biologist to determine if nesting is present. If that is the case, then site clearing will have to avoid disturbing the nests until mid-August after the young have fledged.

Respectfully Submitted,

Rob Snetsinger Ecological Services

References Aram, J., T. Walls, S. Stockwell, and M. McCollough. 2003. Evaluating vernal pools as a basis for conservation strategies: A Maine case study. Wetlands. 23: 70-81. Lee, H., W. Bakowsky, J. Riley, J. Bowles, M. Puddister, P. Uhlig, and S. McMurray. 1998. Ecological Land Classification for Southern Ontario. Natural Heritage Information Centre. MNR (Ministry of Natural Resources). 2010. Natural Heritage Reference Manual for Natural Heritage Policies of the Provincial Policy Statement, 2005. Second Edition. MNRF (Ministry of Natural Resources and Forestry and Forestry). 2015a. Survey protocol for Blanding’s Turtle (Emydoidea blandingii) in Ontario. MNRF (Ontario Ministry of Natural Resources and Forestry). 2015b. Significant Wildlife Habitat Ecoregion 6E Criterion Schedule. Draft. MNRF (Ministry of Natural Resources and Forestry). 2018. Natural heritage information request guide. Regional Operations Division. MECP (Ministry of the Environment, Conservation, and Parks Species at Risk Branch). 2019. Permissions and Compliance. Clients Guide to Preliminary Screening for Species at Risk. MNR (Ministry of Natural Resources). Undated 1. General habitat description for the Blanding’s Turtle (Emydoidea blandingii)

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MNR (Ministry of Natural Resources). Undated 2. Habitat protection summary for Gray Ratsnake (Frontenac Axis Population).

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I support Township in their efforts to preserve our water quality and ensure that environmental rules and regulations are adhered to. This is essential. Sincerely, Sharon Singer

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From: To: Subject: Date:

Clayton Potts planning 5356 New Morin Road Severance Proposal October 18, 2021 10:58:20 AM

October 18, 2021 Planning Department The proposed severance is: 5356 New Morin Road S-11-21-P , S-12-21-P, S-13-21-P Our family has had property on Knowlton Lake since 1967. This lake is relatively small compared to other lakes in the vicinity but has always had excellent water quality. Lake Trout have been able to thrive here and so have the other fish species. The Ministry of Environment and the Cataraqui Conservation has stated this development would have a negative impact on the surrounding wetlands and lake. Our family is opposed to this proposed development which will have a negative impact on the water quality of Knowlton Lake. Our other concern is that this proposed severance will grow into something much bigger including adding more lots on the retained land. We urge you to deny the proposal altogether. Best Regards Clayton Potts Everett Lane Sydenham Ont

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From: To: Subject: Date:

Charles Mecke planning New Morin Road severances proposal October 21, 2021 8:33:36 AM

I am the President of The Knowlton Lake Cottage Owners’ Association which is a community comprised of more than 100 property owners and their families. This Association is a member of the Federation of Ontario Cottagers’ Association (FOCA). FOCA have encouraged us to be good stewards of our lake by protecting its health and we intend to continue to do so. As such, over the last forty years, we have participated in various projects with the Ministry of Natural Resources and various scientific departments of Queens University, all either conducting research or investigating the nature of the lake and the surrounding habitat. Over these several years, we have assisted with ongoing testing of the water as well as frequent monitoring of fish population. The results of these investigations have unanimously concluded that Knowlton Lake stands as an exception to other lakes of Ontario in that it has maintained its pristine natural condition subject of course to recent invasions of foreign, non-native plants as well as zebra mussels, both of which are now common in other lakes in Ontario. These reports and investigations are significant in that they qualify Knowlton Lake as an extremely sensitive environment worthy of long term study and of a continued “hands off” approach by developers. Members of the Association have been led to believe that municipal authorities had decided on a moratorium for any future development which would impact in any way the lake and/or its sensitive shoreline. As such, the members of our Association have instructed me to voice their individual and collective objection to the development proposed referred to as “New Morin Road” severances. It is unthinkable that the municipality’s planning department could endorse any such development as it stands in direct contradiction to provincial planning guidelines, including the current Official Plan and Zoning By-Laws. This Association will, as it has in the past, muster all necessary resources, legal and others, to object to such severances and/or development which, as such, are contrary to the best interests of the lake. Accordingly, we are deeply concerned with the New Morin Road severances proposal. This will lead to a much higher density development than our lake can withstand as it will inevitably result in detriments, among them: · tree and other vegetation removal to facilitate building and heavy equipment access · an abundance of sceptic systems in close proximity to one another creating exhaustion beyond their capacities · an increase in impervious surfaces facilitating nutrients being carried into the wetlands and lake through runoff. · shoreline modification Page 115 of 234

All of which will lead to poor water quality and negative impacts on fish and wildlife. The purpose of this letter is not only to voice and to register an objection to the proposed severances, but also to request that all reports be forwarded to me prior to any hearing and that I be made aware directly of any such decision. We are residents, property tax payers, local business supporters and township voters. Please take our concerns seriously. On behalf of the Knowlton Lake Cottage Owners Association. Charles Mecke President Sent from my iPad

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Michelle Hannah From: Sent: To: Subject:

planning March 9, 2023 11:55 AM Christine Woods FW: Hearing on Consent Application S-13-21-P

Follow Up Flag: Flag Status:

Follow up Completed

Michelle Hannah, Deputy Clerk Township of South Frontenac p: +613-376-3027 ext. 2222 e: mhannah@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net www.frontenacmaps.ca

Natural, Vibrant and Growing – a Progressive, Rural Leader Please consider the environment before printing this email

From: Robert Clow Sent: Wednesday, March 8, 2023 8:14 PM To: planning planning@southfrontenac.net Subject: Fwd: Hearing on Consent Application S-13-21-P

Sent from my iPad Begin forwarded message: From: Robert Clow Date: March 8, 2023 at 7:54:13 PM EST To: Michelle Hannah mhannah@southfrontenac.net Subject: Hearing on Consent Application S-13-21-P Regarding notice we received about application on land adjacent to our property. We are opposed to any severance or changes to this property. Wetlands are involved and we want area to remain as is for wild life and because it is close to the lake. We have to protect natural landscape in this area. Sent from my iPad 1

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Michelle Hannah From: Sent: To: Subject:

planning March 9, 2023 11:57 AM Christine Woods FW: 5356 New Morin Rd - application

Follow Up Flag: Flag Status:

Follow up Flagged

Natural, Vibrant and Growing – a Progressive, Rural Leader Please consider the environment before printing this email

From: Lori Pond Sent: Thursday, March 9, 2023 7:52 AM To: planning planning@southfrontenac.net Subject: 5356 New Morin Rd - application We are opposed to the proposed severance of a rural residential lot located on the property at 5356 New Morin Road. As you know, Knowlton Lake is a headwater lake that is designated as a provincially significant wetland and an Inland Lake Designated for Lake Trout Management by the OMNRF. We feel that the township has a great responsibility to protect and manage the waterways and the surrounding ecosystems that affect these important lakes. We are asking the elected officials in South Frontenac to carefully consider the environmental impacts and designations to assist, guide and regulate township planning and management. This property and the abutting properties that were damaged by the owner need to be replenished and taken care of, rather than approved for severance and further development. Sincerely, Neil and Lori Pond

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Michelle Hannah From: Sent: To: Subject:

planning March 9, 2023 11:57 AM Christine Woods FW: 5356 New Morin road

Follow Up Flag: Flag Status:

Follow up Flagged

Natural, Vibrant and Growing – a Progressive, Rural Leader Please consider the environment before printing this email

From: Tom Babcook Sent: Thursday, March 9, 2023 10:37 AM To: planning planning@southfrontenac.net Subject: 5356 New Morin road Regarding the purposed serverance at 5356 New Morin road. We are not in favour of the purposed serverance as it would complicate and lead to more negative issues of this property,which have been thoughly well known to the township.We hope the commitee makes the proper discision and turns this down. Regards,Tom and Karen Babcook

Page 119 of 234

Ministry of the Environment, Conservation and Parks

Eastern Region 1259 Gardiners Road, Unit 3 Kingston ON K7P 3J6 Phone: 613.549.4000 or 1.800.267.0974

Ministère de l’Environnement, de la Protection de la nature et des Parcs Région de l’Est 1259, rue Gardiners, unité 3 Kingston (Ontario) K7P 3J6 Tél: 613 549-4000 ou 1 800 267-0974

MEMORANDUM

December 19, 2022

TO:

Jon Orpana Environmental Planner Kingston, ON Eastern Region

FROM:

Dana Cruikshank Surface Water Specialist Water Resources Unit Eastern Region

RE:

5356 Morin Rd request for Severance Part Lot 1, Concession 8, being part 1 on RP 13R7006 District of Portland, Township of South Frontenac Echo Task #: 1-67647174

An application has been made to sever two lots on the western portion of the current property known as 5356 Morin Rd as shown in the diagram below and one lot in the northeastern portion of the lot.

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2 of 3

Application S-11-21-9 is for the creation of a new residential lot consisting of a minimum of 0.8 hectares (2.1 acres) with approximately 214 metres (703 feet) of frontage on New Morin Road from a property municipally known as 5356 New Morin Road. The retained lands will retain the existing development and will be approximately 17.7 hectares (43.8 acres) in area with approximately 645 metres (2116 feet) of frontage on New Morin Road and 76 metres (250 feet) of frontage on VanLuven Road. Application S-12-21-P is for the creation of a new residential lot consisting of 0.9 hectares (2.2 acres) with a minimum of 76 metres (250 feet) of frontage on New Morin Road from a property municipally known as 5356 New Morin Road. The retained lands will retain the existing development and will be approximately 15.9 hectares (39.4 acres) in area with approximately 645 metres (2116 feet) of frontage on New Morin Road. Application S-13-21-P is to sever the existing house and septic system separate from the current lot thereby creating a new lot. A site visit was conducted on November 22, 2022, by MECP staff that included Jon Orpana (Environmental Planner), Victor Castro (WRU supervisor), Sarah Baxter (Surface Water Specialist), Christine Wood (South Frontenac Township) and Gary Beach representing the property owner. Applications to sever S-11-21-9 and S-12-21-9 have been determined by the Township to have concerns such as road access, slope stability, and road setbacks that may be resolved in the future. An environmental impact assessment (EIA) was conducted for the whole property by Ecological Services. The EIA was for the whole lot but focused on potential water quality impacts resulting from the proposed severances in the western part of the property which are longer being considered. For S-13-21-P, the septic system is located behind the house and is about 109 m from the lake edge. It is my understanding that the septic system has been replaced with a Class IV septic system capable of tertiary treatment. Knowlton Lake is a lake trout lake and is classified as being “at capacity”, meaning that new development could only considered on the lake if it met the conditions in MECP’s Lake Capacity Handbook. The mean volume-weighted hypolimnion dissolved oxygen concentration (MVWHDO) is used to determine whether a lake is “at capacity” or not. The trigger value is 7 mg/L MVWHDO. Lakes with a MVWHDO below 7 are determined to be “at capacity”. The following are the MVWHDO concentrations for Knowlton Lake. B1 is Basin 1 and B2 is Basin 2 which is the deeper basin Year

1978 1987 2005 2012 2021

5.35 6.18 5.54 8.5 7.70 7.40 Page 121 of 234

3 of 3

It appears that the lake’s dissolved oxygen regime has improved since 2012. Eastern Region’s Standard Operating procedure (SOP) for determining a lake’s capacity is three consecutive sampling events that occur during the critical period of late September to early October with the MVWHDO either above or below 7 mg/L. Knowlton Lake is scheduled to be sampled in September 2023. If the MVWHDO is above 7 mg/L in 2023, the lakes classification may have to be reconsidered. Summary The proposed severance of lot S-13-21-P does not change the status quo for this property. An existing house and septic system have existed on this property prior to the severance applications. The application for S-13-21-P is to recognize this part of the lot separately from the retained portion of the lot. The upgraded septic system will likely improve sewage quality and could be considered an improvement over the previous septic system. I therefore have no issue with this lot being severed from the larger parcel. This severance will create a new large, retained lot. The retained lot poses some challenges with respect to siting a septic system. The EIA has shown that the western end of the retained lot can meet the 300 m setback from Knowlton Lake and the revised wetland boundary. The Township needs to identify a suitable location with sufficient soil depth for a conventional septic system at least 300 m from the lake and/or new wetland boundary. If a suitable location exists, it then meets the condition for a new lot as defined in the Lake Capacity Handbook and the Ministry has no further concerns. If you have any questions regarding the above comments or recommendations, I would be pleased to discuss them with you.

Dana Cruikshank Surface Water Specialist ec:

Victor Castro (WRU Supervisor (A)) Sarah Baxter (Surface Water Specialist)

Page 122 of 234

From: To: Cc: Subject: Date: Attachments:

Andrew Schmidt Christine Woods Janelle Treash RE: S-11, 12, 13-21-P (Beach) - Cataraqui Conservation Comments February 28, 2023 9:39:43 AM image001.png image002.png image003.png image004.png image005.png image006.png

No worries, Christine. I have no concerns. The other two lots to be severed may be a different story though as, if I recall, there are erosion hazards that still need to be addressed in addition to the fisheries issue. P.S. Welcome back to environmental planning per Bill 23. Regards, Andrew Schmidt (he/him) Manager, Watershed Planning & Engineering Logo

Description automatically generated

Phone: (613) 546-4228 ext. 244 Web: www.CataraquiConservation.ca From: Christine Woods cwoods@southfrontenac.net Sent: February 27, 2023 3:58 PM To: Andrew Schmidt aschmidt@crca.ca Cc: Janelle Treash JTreash@crca.ca Subject: RE: S-11, 12, 13-21-P (Beach) - Cataraqui Conservation Comments

Andrew, My apologies for the short notice on this one…Gary has requested that Application S13-21-P go to the Committee of Adjustment on March 9th for a decision. The other two applications are still on hold. The wetland/lake issue was addressed with MECP, and they are okay with severing the house because there is an area on the retained for development to occur outside 300 metres from the lake/wetland (the marsh not the swamp). See attached emails. Would you like to provide any additional comments on this specific application? Please let me know if you want to discuss. Page 123 of 234

Christine Woods, MCIP, RPP Senior Planner Township of South Frontenac

p: +613-376-3027 ext. 2221 e: cwoods@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net

Please consider the environment before printing this email

From: Andrew Schmidt aschmidt@crca.ca Sent: September 17, 2021 3:56 PM To: Michelle Hannah mhannah@southfrontenac.net Cc: Orpana, Jon (MECP) jon.orpana@ontario.ca; Christine Woods cwoods@southfrontenac.net; Anna Geladi ageladi@southfrontenac.net; Tom Beaubiah TBeaubiah@crca.ca Subject: S-11, 12, 13-21-P (Beach) - Cataraqui Conservation Comments Hello Michelle. Please see the attached planning comments and contact me if you have any questions. regards,

Andrew Schmidt

Supervisor, Development Review

1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 Phone: (613) 546-4228 ext. 244 Toll-Free: 1-877-956-2722 Web: www.CataraquiConservation.ca Please consider the environment before printing this e-mail.

Page 124 of 234

From: To: Cc: Subject: Date: Attachments:

Troy Dunlop Gary Beach Christine Woods New Morin Road - Access January 26, 2023 4:10:24 PM image001.png image002.png image003.png image004.png image005.png

Hello Gary, I believe, as mentioned on our site visit that there is a safe access point from New Morin Road just south of the old gate access to the quarry. I have reached out to Christine and have shared these observations with her. There would have to be some excavation to improve sightlines up at the sharp corner at the top of the hill as we discussed before. In order to keep communications on the right channels for your severance – Christine has said you can follow up directly with her on this aspect and others that are under review. I trust that this is good news.

W. Troy Dunlop, C.E.T.

Manager of Technical Services and Infrastructure Township of South Frontenac

p: +613-376-3027 ext. 3333 e: tdunlop@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net

Please consider the environment before printing this email

Page 125 of 234

To: Committee of Adjustment Prepared by: Development Services Department Meeting Date: April 13, 2023 Subject:

Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

Summary This application is for the creation of a residential lot. This report recommends approval of the application. The Committee of Adjustment is being asked to make a decision on this application, as it is a disputed consent per By-law 2020-27 because there are unresolved issues or concerns from the public regarding the overall development proposal for the property.

Background Designation and Zoning The subject property is designated Rural and is zoned Rural (RU). Application Table Severed Parcel

Retained Parcel

Area (ha)

0.9

16.7

Frontage on New Morin Road (m)

714

Related Applications The subject property is also subject to Consent Applications S-11-21-P and S-12-21-P under the Planning Act. These applications are not being brought to the Committee for decisions at this time as there are outstanding matters to be addressed.

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

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Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

History The Committee of Adjustment held a public hearing on October 14, 2021, on applications S-11-21-P, S-12-21-P and S-13-21-P. The Committee deferred making decisions on the applications because it had not been demonstrated that the applications conformed to all applicable policies, particularly those related to new lot creation within 300 metres of an atcapacity lake trout lake. Also, there were unresolved agency and public concerns. The following is a summary of the information that needed to be submitted:

a completed farm data sheet for the barn on the property,
a survey sketch demonstrating that there is a suitable building and sewage system locations on the severed and retained parcels, as well as adequate entrances and access points, that conform to the Official Plan and Zoning By-law,
additional ecological assessment in support of proposed development areas,
a site-specific soils investigation,
demonstration that the parcels could be serviced by a sewage system, including digging test holes, and
a geotechnical study/slope stability analysis. It is noted that most of these requirements related to S-11-21-P and S-12-21-P, and that most are no longer applicable based on discussions with the Ministry of the Environment, Conservation and Parks. The Committee of Adjustment held a public hearing on consent application S-13-21-P on March 9, 2023. The hearing was requested by the agent. The Committee deferred making a decision on the application so that all members could visit the site once the snow melted. Review This application:  Conforms to section 51(24) of the Planning Act;  Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Conforms to the County of Frontenac Official Plan (s. 3.2 & 7.1);  Conforms to the Township of South Frontenac Official Plan (s. 5.2.8, 5.7.4 & 7.1);  Complies with Zoning By-law No. 2003-75 (or will comply subject to a condition requiring a rezoning); and X Has unresolved objections/concerns raised from the public.

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

Page 127 of 234

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

Property Description The subject property is located east of New Morin Road, just north of the intersection with Vanluven Road. There are two unopened road allowances abutting the subject property. The first unopened road allowance abuts the southern property line, and extends from Vanluven Road east to Knowlton Lake Road. The second unopened road allowance abuts the eastern property line, and extends south from New Morin Road to Knowlton Lake Road. The frontage of the property consists of a high, steep, forested ridge that slopes to the east in the direction of Knowlton Lake. There is a wide, sparsely vegetated plateau at the bottom of the ridge. Then, there is another forested ridge that slopes towards a large treed swamp that is adjacent to the lake. There is a watercourse on the south portion of the property that is connected to the swamp. The north end of the subject property is developed with a single detached dwelling. The dwelling is accessed off the unopened road allowance. The south end of the subject property was historically used for mineral aggregate extraction (i.e. a sand pit). The pit was accessed from an entrance off New Morin Road just north of Vanluven Road. There are several vacant and developed residential lots along New Morin Road, Vanluven Road and off the north-south unopened road allowance. There are also several agricultural properties.

Summary of Proposal The purpose of this application is to create one new residential lot. The severed parcel would be 0.9 hectares (2.4 acres) in area and have 86 metres (282 feet) of frontage on New Morin Road. The severed parcel would be developed with a single detached dwelling. Over the past year, a pool, a barn and a few storage sheds were removed from the property. The dwelling was partially located on the north-south unopened road allowance. The Owner secured an encroachment agreement with the Township for the dwelling in 2020 after purchasing the property (By-law 2020-74). In January 2023, Council stopped up, closed and transferred the portion of the unopened road allowance on which the dwelling encroaches plus three feet around the dwelling (By-law 2023-06). The dwelling continues to be accessed over the unopened road allowance. The retained parcel would be 16.7 hectares (41.2 acres) in area with 714 metres (2342.5 feet) of frontage on New Morin Road. The retained parcel would be vacant.

Supporting Documentation Two Environmental Impact Assessments (EIA) and an Addendum (Ecological Services, March 2, 2021, June 20, 2021, and July 30, 2021) were submitted. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

The March 2, 2021, EIA focused on the location and impact of the lots proposed through Consent Applications S-11-21-P and S-12-21-P. This report is relevant to S-13-21-P in so far as the location of those lots is now the proposed building location on the retained parcel (see Discuss/Analysis section). This location consists of a cultural thicket and the old sand pit, as well as a deciduous forest. A watercourse runs through the forest, carrying runoff from Vanluven Road to the swamp. The March EIA identified the potential for turtle nesting and whip-poor-will habitat in association with the old sand pit on the property, and recommended further assessment of this area should development be proposed on the old sand pit. The March EIA also recommended that tree removal occur outside of the bat maternity/roost season (mid-April to mid-September), unless specific tree assessments are undertaken to confirm the trees are not being used by bats. It also recommended that initial site alteration take place outside of the bird breeding season (mid-April to mid-August), unless the area is first surveyed by a qualified biologist to confirm there is no nesting present. The June 20, 2021, EIA Addendum was prepared to refute MECP’s position that the watercourse and swamp provide a direct surface water connection to Knowlton Lake and therefore should be subject to the 300 metre prohibition on new lot creation. The Addendum asserts that the watercourse and swamp do not provide a direct surface water connection. The July 30, 2021, EIA expanded on the March EIA to include evaluation and impact assessment for the severed parcel from Consent Application S-13-21-P and the final retained parcel from all three applications. The July 2021 EIA indicates that any sewage system in the southwest corner of the subject property would be more than 300 metres from the marsh wetland that is directly connected to Knowlton Lake. It also indicated that replacing the existing sewage system on the severed parcel is an improvement over the status quo. The July EIA included revised and additional recommendations for development should the Consent Applications be approved.

Discussion/Analysis Agency and Department Comments Ministry of Environment, Conservation and Parks (MECP) staff confirmed in a letter dated April 15, 2021, that Knowlton Lake is an at-capacity lake. MECP staff noted that the property is within 300 metres of a watercourse and a treed swamp that would provide direct surface water connectivity to the sensitive surface water feature of Knowlton Lake and therefore impact the water quality. In a letter dated October 6, 2021, MECP staff indicated that any measurement of the distance between the sewage systems on the proposed lots must therefore be taken to the western edge of the swamp boundary. No development including land division should occur within 300 metres that would result in further impairment to water quality and fish habitat. MECP staff requested additional information www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

from the applicant to further assess the situation. The Committee deferred making a decision on all three consent applications to provide the applicant time to provide this information. Planning staff and MECP staff held a site meeting with the agent in November 2022. Subsequent to the site meeting and their review of the EIAs and Addendum, MECP staff provided an opinion that the 300 metre setback for sewage systems/lot creation should be measured from the western edge (highwater mark) of the marsh wetland (MAS2-1), not the swamp, identified in the July 2021 EIA. The site-specific soils investigation is no longer required. Although the severed parcel from S-13-21-P will be less than 300 metres from the marsh wetland, MECP staff have no concerns with the severed parcel because it is developed and the septic system was upgraded. However, they noted that the retained parcel is physically challenged with respect to siting a septic system that can meet the 300 metre setback from Knowlton Lake and the marsh wetland. They indicated that if a suitable location exists, then the retained parcel would meet the conditions for a new lot as defined in the Lake Capacity Handbook and they would have no further concerns. Cataraqui Conservation staff indicated to planning staff in an email dated February 28, 2023, that they have no objection to the approval of S-13-21-P. However, they continue to have concerns with the other applications as outlined in their letter dated September 17, 2021. Building Services confirmed the existing sewage system on the severed parcel was replaced with a new tertiary system through a permit that was issued in 2021. They did not require test holes for the retained parcel given its large size and the ability to locate a sewage system more than 300 metres from Knowlton Lake and the marsh wetland. Public Services reported on January 26, 2023, that they were able to identify one safe access point from New Morin Road to the retained parcel just south of the old gate access to the pit. This access point would need some excavation to improve sightlines at the sharp corner at the top of the hill. The developed severed parcel has an existing, long-standing access. In 2021, Public Services staff noted that an Ontario Land Surveyor would need to determine whether a road widening is required as a condition to any approvals. Public Comments At the October 2021 public hearing, the agent agreed that it would be appropriate for the Committee to defer making a decision so that further discussions could be held with Township staff and MECP staff. Also at that hearing, an individual who owns property in the general area of the subject property asked how the wetlands on the property would not be a part of the lake. They agreed with the Planner that this matter should be looked into further. Following the October 2021 public hearing, the Township received written correspondence from three individuals who own properties in the general area of the subject property. They www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

were opposed to the three applications and shared the concerns of MECP and Cataraqui Conservation staff about the negative impact of the development on the water quality of Knowlton Lake. Written correspondence was also received from the Knowlton Lake Cottage Owners’ Association. The Association objected to the three applications based on the Township’s lake trout lake policies and their concerns over the impact of additional development on the lake. Planning Analysis The consent application needs to be assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. Rural Residential Development and At-capacity Lake Trout Lakes The Provincial Policy Statement 2020 (Section 1.1.5) and the County of Frontenac Official Plan (Section 3.3) permit residential development, including lot creation that is locally appropriate, in rural areas. The Township of South Frontenac Official Plan may permit a maximum of three new rural residential lots to be created through the consent process. The PPS also requires planning authorities to consider environmental lake capacity, and to restrict development and site alteration in and near sensitive surface water features and sensitive groundwater features such that these features and their related hydrologic functions will be protected, improved or restored. It is our understanding that this policy applies to at-capacity lake trout lakes. The County Official Plan (section 7.1.4.4) does not permit new lot creation within 300 metres of at-capacity lake trout lakes, but does allow for exceptions such as permitting development on lots of record within 300 metres of the lakes. The Township Official Plan (section 5.2.8) conforms to the County Official Plan policies on at-capacity lake trout lakes. The subject property is not a waterfront property as it is separated from Knowlton Lake by an unopened road allowance. However, the lands are within 300 metres of the lake and a marsh wetland that is connected to the lake. They also drain toward the wetland and lake. The subject property contains a watercourse that drains into a treed swamp that is adjacent to the marsh wetland. As indicated above, MECP staff concur with the findings of the July 2021 EIA that the marsh wetland, not the treed swamp and watercourse, is directly connected to the lake. Therefore the 300 metre area where new lot creation is prohibited is to be measured from the western edge of the wetland. The severed parcel would extend from New Morin Road approximately 150 metres south to the top of the ridge closest to the wetland and lake. Its rear lot line would be located approximately 30 metres from the wetland. The severed parcel would contain the existing dwelling and sewage system, which are located more than 60 metres from the wetland. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

Severing the existing dwelling and sewage system from the subject property would not change the existing condition (i.e. the dwelling and sewage system are already within 300 metres of the lake). The severed parcel would conform to the Official Plan requirements for minimum lot area and minimum road frontage, as it would be 0.9 hectares in area with 86 metres of frontage. Severing the existing dwelling and sewage system from the subject property would leave a vacant retained parcel. The retained parcel, although large in area, contains significant physical limitations for development. This includes the ability to locate a sewage system that would be setback at least 300 metres from Knowlton Lake and the marsh wetland, as required by the County and Township Official Plans. Planning staff used Frontenac Maps to confirm that there is an area in the southwest corner of the retained parcel (i.e. the location of S-11-21-P and S-12-21-P) that would be more than 300 metres from the lake and wetland (attachment 1). This area is between 2 and 4 hectares in area. The criteria for new lot creation where sewage systems would be more than 300 metres from Knowlton Lake has been satisfied. Natural Environment Two EIAs (Ecological Services, March 2, 2021 and July 30, 2021) were submitted in support of the application. The EIAs inventoried natural features, species and habitats on and adjacent to the subject lands, assessed for potential impacts from lot creation and subsequent development, and made recommendations to mitigate any potential impact. The recommendations, which are listed under Supporting Documentation, should be applied to the retained parcel. Access The severed parcel has a long-standing access to New Morin Road. The frontage of the retained parcel is significantly constrained by topography and sight lines. Only one entrance location on New Morin Road was identified to the satisfaction of Public Services. No additional entrances will be permitted. Special Conditions If the subject application is approved by the Committee of Adjustment, staff recommend that in addition to the standard conditions (e.g. survey, road allowance widening, cash-inlieu of parkland) that two conditions should be applied to the retained parcel in order to ensure conformity to the Official Plan and to implement the recommendations of the EIAs. Specifically,

Zoning By-law Amendment - the retained parcel is a lot of record. The Township Official Plan exempts development on lots of record from the 300 metre setback. Therefore, the zone on the retained parcel must be amended to require any sewage www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 132 of 234

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

system to be setback a minimum of 300 metres from Knowlton Lake in order to ensure conformity with the PPS, County Official Plan and Township Official Plan. 2. Development Agreement – A development agreement should be applied to the retained parcel to ensure that the current and any future owner is aware of limitations and requirements for its development including safe access and entrance permit requirements, and implementation of the EIA recommendations.

Conclusion The severed parcel and the retained parcel would comply with Rural and Rural Residential policies and the land division policies (section 7.1) of the Township of South Frontenac Official Plan related to area, frontage, access and sewage system servicing.

Notice/Consultation The initial Notice of the Application was given pursuant to the requirements of the Planning Act, at least 14 days before the application was reviewed. Notice of the March 9, 2023, Public Hearing was also provided pursuant to the Planning Act. This included notice given: • • • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies by mail or e-mail to members of the public who provided comment on the initial application in 2021

Attachments Attachment 1 – Sketch showing highwater mark and 300 metre setback

Recommendation It is recommended that application S-13-21-P be approved for consent to sever one new residential lot from 5356 New Morin Road, being Part 1 on Plan 13R7006, Part of Lot 1, Concession 8, District of Portland, Township of South Frontenac subject to the following conditions. Expiry Period

Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be

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

Page 133 of 234

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance.

Severed Lands 2. The land to be severed by Consent Application S-13-21-P shall be for the creation of one new residential lot approximately 0.9 hectares in area and with approximately 86 metres frontage on New Morin Road. Survey/Reference Plan or Registerable Description 3. An acceptable reference plan or legal description of the severed lands, in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 4. The surveyor or applicant shall submit the draft Reference Plan including an area calculation noting frontage along the road electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening 5. The surveyor who prepares the reference plan referred to in Conditions #3 and #4 shall also determine by survey the width of New Morin Road to be 20 metres (66 feet). If such width is less than 20 metres (66 feet), the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 10 metres (33 feet) from the centre of the existing travelled road for New Morin Road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the issuance of the Certificate of Official; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule:

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

Page 134 of 234

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements 6. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official. 7. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 8. In the event that there are abandoned wells located on the severed parcel or the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. 9. The applicant shall enter into a Development Agreement with the Township to be registered on title to the retained parcel to address the development of the lot, including requirements for an entrance permit, and implementation of the recommendations of the Environmental Impact Assessments (March 2, 2021 and July 30, 2021) specifically, a. The old sand pit on the property shall be assessed by a qualified professional for turtle nesting and whip-poor-will habitat prior to development and site alteration, if development and site alteration is proposed in this area. b. Tree removal is restricted to outside of the bat maternity/roost season (midApril to mid-September), unless specific tree assessments are undertaken to confirm the trees are not being used by bats. c. Tree removal and initial site alteration is restricted to outside of the bird breeding season (mid-April to mid-August), unless the area is first surveyed by a qualified biologist to confirm there is no nesting present. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 135 of 234

Township of South Frontenac Staff Report - Consent Application S-13-21-P, 5006755 Ontario Ltd (Gary Beach), 5356 New Morin Road, Portland District

Zoning 10. The applicant is required to apply for a zoning by-law amendment to require any sewage system on the retained parcel to be setback a minimum 300 metres from the highwater mark of Knowlton Lake. Please contact the Planning Services to begin this process. 11. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

Submitted By: Christine Woods, MCIP RPP, Senior Planner

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

Page 136 of 234

Page 137 of 234

intent intent

These

permit

Frontenac

applications

fees

are

Authority

Conservation

Valley

Note:

without

Type: a

Updated

and

for

consultation fees prior

Authority

of of

the the

eight

Planning

on any

Class

Fee:

this application construction.

chart

these

str uct ure

(

the Separ T ate o w ns hi p

agencies

sewage

Fee:

’/

ll}

application

Secretary— Treasurer Note 3 (below ), in cash. Admin

submitted

only;

sewage

the

building

1 3.

by Townshi Chapter p P.

Committee

below

with

review

$97.00 $97.00

$97.00

Building

the

filed referred

By—law.

Zoning

the land, Plan.

the

appointed

use of Of?cial

to Township when submitting Authority, are to

the

$979.00 $1 .343.00 $2,058.00

R.S.O.

provided

Act

this application with the SKETCH accordance with Frontenac. South

Review a new

Conservation

Planning

2022

FRONTENAC OR PERMISSION

persons

SOUTH VARIANCE

January,

provisions

development purpose purpose

By—Iaw

Committee 45 the of

be for provided (where applicable)

permit

Only Performance VVITH in combination with a Class than A system

South

Region

Variance Variance other

Variance

payable completed

Rideau

additional

Zoning

appropriate

that a Fee Authority the applicable application).

Agplication Variances 1 -3 Variances 4+ After building

Conservation

Please

the

Section by—|aw.

TOVVNSHIP FOR MINOR

It is required one that (1) copy Committee ofAdjustrnent, together by a NON-REFUNDABLE FEE made payable to the Township

Quinte

Cataraqui

system

for

vary

general general nature

the the

may

Requirements

ls desirable Maintains Maintains is minor

variance:

It is required Conservation

the

Township Minor Minor Minor

variance

Committee

Application

that

The

minor

of formed

APPLICATION

Adjustment under from a zoning

OUTH

FRONTENAC

Committee

The

fa‘…

Page 138 of 234

READ

THIS

ITEM

SOUTH Planning

CAREFULLY

FRONTENAC Act, R.S.O. APPLICATION P.13 c.

1990,

FOR amended

NIINOR

VARIANC E

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

Each applicant abutting lands dimensioned the Application

PLEASE

TOVVNSHIP

Page 139 of 234

Page 140 of 234

Please

1 1.

(l.e.

What

and

the

nearest

indicate

are

used

property

public

subject be to

Yes

garage.

whether

,,./4,/,5

relief

use

there

shed. El

comply

$¢:7:.s9u€I>

any

EXISTING

eu/&u—uI:é-

land?

with

MINOR

road/lane):

FOR amended

buildings

—r,,

the

structures

Zoni ng

the

parking from

Yes

the

. I 015

VARIANC E

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facilities

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indicate these

road?

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74;

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the

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land.

APPLICATION 1990, P.13 C.

Zoning

by water approximate

subject

the

subject

municipally Yes

cannot

from

are

the

land:

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etc.)

and

property

front on road’?

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uses

<5)‘

FRONTENAC Act, R.S.O.

swvz:-=~<4E

road.

used

area

subject

the

proposed

the

and

H’?‘?0l/

existing

the

SOUTH

Planning

c,&I~l§‘I*‘l<Ic1’It.7;\l’/

the

maintained

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residence.

the

extent

Van?’

zoning

depth water)

why

LAK

the subject privately

If access facilities

Name

Does

The

reason

The

I/of

nature

The

and

’(/

current

(on

Depth:

frontage(s),

Frontage

The

TOVVNSHIP

Page 141 of 234

of It

14.Are

13.The

any

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built

9|y(&l€

proposed

one

the

1 1

SOUTH

~””

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APPLICATION 1990, P.13 C.

building

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EACH

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T ype

TOVVNSHIP

indicate: (4 )

VARIANCE

structure(s),

IVIINOR

Page 142 of 234

If the

LotLine

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please

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is yes,

SOUTH Planning

for

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APPLICATION c. 1990, P.13

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

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

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NOTES:

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answer

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T ype (E—9-

TOVVNSHIP

Page 143 of 234

Indicate

storm

Indicate operated privy,

body,

water

plans

whether

the

(d)

drainage

other

sewage

whether

water

provided

system, means:

sewage

provided owned

\‘(‘g

the

existing

(4426

ditches.

swales

/A/D

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FOR

other

land individual

publicly a or communal

and

la nd s:

own ed

rate lake.

ope

VARIANC E

subject

well,

owned

means?

publicly communal

the

Yes

MINOR

continued:

amended

have

pi/44-»

V-JA~L§6

land

subject operated

the

structure?

constructed

land individual

subject

were

current

encroach

and

subject

operated

the

uses

the

structure system?

fixtures

bedrooms

171:1./A/11? sewers,

APPLICATION c. P.13

1990,

development?

structures

and

privately

disposal

VJ?//%

owned

and

raves

provided

1/?

the

septic acquired

existing

Zoz?

was

buildings

land

living

plumbing

number

space

RAISING

FRONTENAC Act, R.S.O.

proposed

addition existing

/r/¥1/ that

the the

privately

means:

time

existing

subject

Will

Increase

(:3) in

Increase

the

(b)

uses

details:

the

SOUTH Planning

Increase

the

provide

include

(a)

are

please

system, other or

length

.The

date

20.The

VVhat

date

your

If yes,

19.The

‘l 8.

TOVVNSHIP

Page 144 of 234

the

application.

answer

“"‘Note:

“‘*

HAVE

line

abutting

lot

reference

or (neighbours’)

landmark

point…..

distances

property importance

on-site to be varied, and should IS

?le

between or bridge

including

THE

the

been

and

Pl an ni ng

subject

ifi ca nt

si of ns. gn as

bar

applicant’s

wetlands.

buildings,

the

la crossing. nd subject

the

THE

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

land.

location

subject

the the railway

TOP

the

VARIANCE

application

the

under

MINOR

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

lands.

[and

number of

FOR amended

application

ever

number

has

distance

and

such

subject

file

ARROVV

following:

the

land

the

Variance).

give

APPLICATION c. 1990, P.13

subject

NORTH

the

give

and abutting REQUIRED be prepared

all

showing

please

subject (Minor

The

yes,

the

please

land is Consent.

Act

and dimensions buildings.

MUST

submitted

Planning

yes,

all natural of to the subject river ditches, distance Show

location

whether

subject

FRONTENAC Act, R.S.O.

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

The

township

location

The

nearest

boundaries proposed

and

indicate the of

item

SKETCH

must

Yes

the

SOUTH Planning

Subdivision

question

The

THE

SKETCH

answer If the the application.

whether Plan of

Yes

If known, please under Section

indicate

25.Please approval

TOWNSHIP

Page 145 of 234

Page 146 of 234

and

someone

example,

Relief:

Roads:

Municipally maintained residents maintain themselves and that are property generally

line

All

You not be may pre-consultation in for

acres:

that

phone

appear the full

Completing in I mailing

Minor

should

behalf

address,

section,

your

‘s

the

APPLICATION c. 1990, P.13

on act number

FRONTENAC Act, R.S.O. as

FOR amended

the here

separ ate postal

VARIANC E

variance All owner’s

live with

Form

IVIINOR

if they complete

during appear

even

Variance

aware

parts

this

with

ofthe

—

zoning planning

question

other are

shared

roads (not

private

Orr

driveways,

after

not meet add to further

that

c a

the

provide

private

the

ired an

requ

than 3 within 0 build ing

this

on to from

asking are rather m a structure an accessory 25

and

completed. property

the Township; but lanes

can you variance a developing

why

others).

looked

seeking that or

words,

with

are

the water, embankment.

you

you be

your

staff.

must

This is asking what question could be that asking are to you that asking or are to increase the you height that or are a variance to you seeking Construct than the building. principal

for

Extent

come

area.

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

lot

mark. mark,

—

water

front

depth,

Zoning: and

you

water

Nature variance

appoint

address

must be

Current

when

Frontage,

Guide

SOUTH Planning

owners should

the Subject Land: The Districts the are same as the former Townships. ar If you the roll number (the long number with 1029) beginning on tax bill. e your 020 O10, or district is 030, your numbers are Bedford; if the 040—050, numbers Loughborough; are or if the 060 district is Storrin 070, your gton; numbers district are 080, s Portland. your Concession and Lot Number are not . sure, check tax bill you your Street Number: Your civic address f a civic number has been ass not ign blank. space ed, Name of Road/Street: This whether question or are on applies not you a road. public Plan No: Reference If your has been surveyed, it will have property a one or more on that has parts plan. not been If your property surveyed, blank. Roll No: This is the number beginning with which ‘1029’ on appears yo ur take time look it up to before the submitting application.

wish name, rization.

of all address(es)

Description of District: a.

person’s a utho

may

and

You

names

the

The

TOVVNSHIP

Page 147 of 234

if,

for

their

VVater

years,

Length

water

are

of buildings your property.

—

new

structures: “yes”

and

ANY

are If you includes

columns.

construct

construction:

This

the is

under

Structure

acquired:

from

n a

lake.

most

uses:

cases

did

For

—

the

e.g.

are

not

take

answer

example,

are

you

walls

build

the

part

screened

will

has

sure,

the

private

land

provide

that proposing

clear

permit

possession

each

you

dwelling,

new

raise

the

your

the

well,

been

but

used

best

must a

some

for

departm ent. wi th of ou resid t ence, involve d. in

be deck,

as th e const ructla n d ”,

increase An involve an

building

waterfront

residential

estimate.

property‘?

this question. would porch

property, systems.

add

the

t h e this describe of

now,

access

VARIANCE

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

and

on septic

development

ANYTHING garages,

same

recreational

planning

the

please

sections

land

only

IVIINOR

property

can

all complete your dwelling,

from cannot height to the Committee to permission

decks,

proposed ALL addition to

answer

words.

If you

Please with

other

VVhen

buildings:

months?

existing

it.

anything

Development:

must on

structures

you

FOR amended

recreational

this be question will vacant, and are you 10 would be “vacant

You deck

“residential”

section planning additions,

in be

answer currently

vacant

relevant

APPLICATION P.13 c.

1990, only

business,

R.S.O.

structures: there is

buildings

retail

question

Act.

FRONTENAC

demol requires All n add increase or proposed Ion walls. is made If this not clear although granted that, are you do it because have made not you a

supply

20)Date

land

there

residential,

This

SOUTH Planning

Uses: Generally, example, the land use to be described section 13 would in

include

19)Date

would space.

1B)Uses

1 7)Raising basement a

actually

find

Demolition: instances, exis ‘ng of

may

Description are you information

If “yes”.

residence.

e.g.

Docking:

proposing to in separate

Proposed question

then

the described

but

Proposed

Description structure the from

ngs:

Uses:

and

1 2)

Buil

question

Existing

Parking water.

TOVVNSHIP

Page 148 of 234

Drainage:

Are

most

SKETCH:

drawn

not

the this.

SOUTH

there

has

the

are not (PLEASE

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stress

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zoning

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Must

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ss on

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VARIANCE

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application

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APPLICATION c. 1990, P.13

a minor probably are If you

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by-law.

ever you

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currently

application

there

ditches

will

FRONTENAC R.S.O. Act,

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the

Planning

property,

Has

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aware

Minor variance: time owner of a variance for

you

lf yes: indicate

If there the file

Application for the property? for

drainage,

natural

Septic:

TowNsHIP

Page 149 of 234

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1111 HERON LANE

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1107 HERON LANE

1103 HERON LANE

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Page 154 of 234

1083 HERON LANE

1091 HERON LANE

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

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CEDAR RIDGES RD 3308 HESKA CRES 3310 HESKA CRES

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

Scale: 1:1,000 0

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Date: 2023-02-14

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755 Baker Crescent Kingston, ON K7M 6P5 Ph: (613) 634-4357 Fax: (513) 634-4353 Email: concorde@kos.net

March 9, 2023

SHAWNRUTLEDGE DESIGN iiil HERONLANE INVERARY, ON KOHlX0

RE:

SLOPEAND EROSIONASSESSMENT illl HERONLANE INVERARY, ONTARIO OURREFERENCE No. 23—0l23

1.0 INTRODUCTION:

This letter reports the results of a geotechnical assessment carried out at the above captioned property. The subject property includes waterfront on Loughborough Lake. This assessment is intended to assess the hazards to the property, based on a site visit conducted on Januan/ 315‘, 2023, premised on a lO0—year serviceability requirement under the provincial Natural Hazards Policy. For the purposes of this report the dwelling is considered to face north toward Loughborough Lake.

2.0 BACKGROUND 8. OBSERVATIONS: The site is located on the shore of Loughborough Lake and is accessed from Heron Lane. The subject lot features some 30 metres of waterfront with an area of approximately 0.25 ha. The property is presently Occupied by a two—storey dwelling and unit masonw boathouse. As Outlined on the attached plot plan produced by Shawn Rutledge Design, a breezeway, Carport and screened porch are proposed east of the dwelling. The site of the additions is located in an area that is separated from the waterfront by a limestone retaining wall and a limestone escarpment. The result is a plateau extending to Cl second escarpment that climbs from the south side of Heron Lane, at an elevation of between 4 and 5 metres above the lake.

The slope was surveyed using a 30—meter measuring tape and Spectra Precision LL50O selfrotaw laser level. A 5/8”-diameter steel rod was used to sound the soils. Refusal was realised at depths Of less than l.l metres. The reaction to the probe is consistent with granular soil. The results of the work are summarised on the profile section presented on Drawing No. 213. leveling

CONCORD ENGINEERING0/U 1112185 Ontario Inc.

Page 155 of 234

Reference

No. 23-0123

3.0 DISCUSSION: The property features a plateau overlooking a rocky foreshore and waterfront. The shoreline and slope are controlled by shallow/outcropping limestone bedrock. The lot is landscaped and large white cedars to i8"—diameter are present. Some curvature of the trunks is observed indicating soil creep. drainage courses or There was no evidence of pronounced erosion.

It is anticipated that any development will be founded on bedrock. The shoreline is fairly sheltered from the prevailing winds with a fetch length of less than a kilometer to the north and an oblique orientation relative to the prevailing winds. The bedrock at the site is somewhat resistant to erosion and stable at vertical slopes within the context of 100 years. Access to the property is from a roadside terrace that is separated from the shoreline by bedrock and flood level elevation. For long term support of permanent structures, the bedrock will be stable on slopes of greater than iV:iH (i.2m), and i.5 metres would be a conservative allowance for erosion at the toe of the slope. As outlined on Drawing 2[3, application of the stable slope geometry and erosion allowance would leave a margin of 3.2 metres that is taken up by a 3:1 stability allowance for the overburden.

access to the shoreline, the bedrock is stable at the near In the short term emergency vertical slopes that are observed today. The adoption of the conservative erosion allowance dictates the escarpment will remain vertical and, on the lake—sideof the retaining wall, for the life of the development. The retaining wall is robustly constructed with large limestone blocks and is well designed to preserve the stability of the overburden. The lang—term scenario for the slope is illustrated on Drawing 33. The top of the escarpment is approximately a metre above the floodplain, easily surmounted by the type of equipment we would expect to be used for emergency shoreline restoration. In practical terms, the margin available for access is defined by the retaining wall, and this would not change as a result of erosion processes over the next 100 years. In the event that there ever were a reason to access the shoreline, a margin was reserved along the east lotline for that purpose, which was used for equipment access to the shoreline for the reconstruction of the main dwelling in 2022. Sound excavation, grading and drainage practice should be observed construction, and appropriate measures implemented to ensure that subgrade side—slope integrity are preserved.

advance

at all stages of and excavation

No groundwater was observed at the time of the fieldwork. Excavation is not expected near or below the surface of the groundwater table or bedrock.

Footings bearing on the bedrock scaled and cleaned of weathered and disturbed material may be designed for an allowable bearing pressure of 5OOKPa. The bedrock is not regarded as frost susceptible. The slope of the bedrock surface appears to be relatively mild on the plateau. If sloping bedrock is encountered footings should be pinned using i6" lengths of 15M bar embedded spacing of dowels will depend on site conditions. lO" into the underlying bedrock —

Soils are mapped as Monteagie sandy loam Rock phase. The granular soils once disturbed are considered to prone erosion. During construction control measures such as silt fencing set close to the crest of the slope are recommended. of control The performance measures should be monitored and additional efforts taken as warranted. Disturbed areas should —

Page 156 of 234

Reference

No. 23-0123

be restored and seeded completion of the work.

or replanted

to promote

re—growth, as soon

as possible

following

Discharge to preserve the grade adjacent the foundations. Eaves trough is recommended from eave trough downspouts should be directed away from the slope. We expect that the very slow rate of soil creep suggested by the tree trunks will be offset by the pace of soil accumulation due to natural processes and landscaping.

4.0 CONCLUSIONS: lake. The site is limited in extent, by sloping ground, granular soils and the adjacent Recommendations are provided in this report to address these limitations as regards the proposed development of the property. We do not anticipate any problems with erosion or global slope stability from building or retaining works bearing on bedrock as described. Based on the foregoing, it is considered that the lot may be developed Section 3.1 of the Provincial Policy Statement as concerns sloping terrain.

We trust that this report is to your satisfaction. regarding this submission, please contact our office.

in accordance

with

Should you have any questions or concerns

Yours truly, CONCORD ENGINEERING

Jl R. David Oliver, P.Eng.

Encl.

Page 157 of 234

Reference No. 23-0123

Photo 1 Waterfront at the subject carport would be locatedon the I

(:1 breezewcly,

screened

porch, and

tt§rk’_)oothouse. .aI‘~a’

Poposed Photo‘2 retaining wall onstructed 0 top of woterfrot limestone ecctrpment. structures would be located

left of the large cedar.

Page 158 of 234

Reference

No. 23-0123

Phok-3 3 Cofporvt Vedeno’f E/vil,| . be l.occ1.1eLdx ;<i,1’vemen1 , left of.{he , _-. K

‘4.

Phoio 4 The Terrace exiehds to on escarpment

-4

defining

the sout h side of Heron Lone.

Page 159 of 234

Ref.No.: 23-0123 Report No. Drawing No. 1/3

SDDDEL3 AWE/1

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CONCORD ENGINEERING 755 Baker Crescent Kingston, Ontario

Project:

Page 160 of 234

15 Meters

E-mail:

634-4357 834-4353

concorde@kos.neR.

Heron Lane

Inverory,

Onto rio

Drawing:

Site Plan

Chem:

Shown

Designer:

K7M 6P5

613 613

Erosion Assessment 1111

50 Feet

T1’ Fe

Rutledge

Design

Dwn by: RDQ

Chd

by:

Dole:31_JonH23

Ref.No.:

Report Proposed

carport/screened

23-0123 No.

porch

Limestone escarpment

Existing grade

-E

PHD

b/r

126.49

Inferred bedrock

Secion

A—A

LEGEND

PHJ <v2.s.4o

b/r

surface

/ PH3

<12a.4o b/r

<’25~°7

‘I’ll! stabi?ty

allowance

Top of slope

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127 .36 b /r

100—year flood contour

Bedrock stability OI/owance

125.10

metres

Loughbourough Lake 31-./un—23r

Probehole number and Bedrock surface elevation

CONCORD ENGINEERING Tel: 755 Baker Crescent. Ontario Kingston.

Project:

Fax: [(751

GPS

E—mai]:

634-4357 E813; 613 634-4353 concorde@kos.net

Page 161 of 234

Erosion Assessment 1111

Heron

Lone

Inverclry, Ontario

Dr0Win9=Slope CH9“: Designer:

Profile with Erosion and Stability Allowances

Shown Rutledge

W”

Design

by: RDO

Chd by:

Date: 9-Mor——23

Ref.No.: 23-0123 Report No. Drawing No. 3/3

Proposed

carport/screened

porch

Limestone escarpment

Existing grade

PHO

b/r

126.49

Inierred bedrock surface

A A

PH-3 '

O7 b/r

PH1 ,27_35

Probeho/e

Bedrock

number surface

and elevation

3H-‘1V

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5°

escarpment

aIIowance/

100—yecIr llood contour 125.10 metres

Escarpment

b/r

Limestone

.——

’

<12B.40 b/r

LEGEND PH3 <12a.4o

Top of slope

Iace pas i ems! ‘on

Laughbouraugh Lake 314Jan—23r

T!"

F9“

15 Meters

CONCORD

ENGINEERING Tel: 755 Baker Crescent Kingston, Ontario

Project:

Page 162 of 234

porch

E—mai1:

Heron Lone

lnverory,

carport/screened

K7M 6P5

613 834-4357 813 634-4353 concorde?kosmet

Erosion Assessment 1111

Proposed

Fax:

Ontario

D’°‘”i"9:

Slope Profile

Client:

Shown

—

Rutledge

Long Term Scenario

Design

Dwn by: R00

Chd by:

Dote7_Mc”__23

March 10, 2023

File: MV/FRS/42/2023

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

Application for Minor Variance PL-ZNA-2023-0020 (Rutledge) Pt Lot 10, Concession 1; 1111 Heron Lane Storrington District, Township of South Frontenac Waterbody: Loughborough Lake (West Basin)

Further to our comments dated March 2, 2022, Cataraqui Conservation staff have reviewed the revised slope and erosion assessment (Concord Engineering, March 9, 2023) and provide the following comments for the Township and Committee of Adjustment. Updated comments are provided in bold. Discussion In general, staff are satisfied with the slope and erosion assessment’s methodology and findings and recommend that the report’s recommendations be implemented through a development agreement registered on title as a condition of minor variance approval. Natural Hazards Erosion:

The report does not provide an assessment of the stable slope allowance for the till (3H:1V) portion of the slope. The slope stability allowance for the composite slope should consist of the allowance for the known bedrock plus the allowance for known till. Assuming 1.1 m of till overburden on a 4.5 metre high slope with a toe allowance of 1.5 metres, this generates a slope stability allowance of 8.2 metres (1.5 + 1.13 + 3.41) from the toe of slope. This allowance, and the distance between this allowance and the proposed development, should be confirmed by the consultant prior to approval of the application. Addressed. Drawing 2/3 demonstrates that the development will be located outside the stable slope allowance for the composite slope.
As one is not identified in the report, the consultant should confirm the location the top of bank of the slope. Page 1 of 3

Page 163 of 234

Addressed. The top of bank is indicated at the top of the limestone escarpment on Drawings 2/3 and 3/3. 3. The development will be located within the 6 metre access allowance from the erosion hazard and will also impede the ability for emergency vehicles to access the shoreline during a flood or erosion event. While staff recognize that the current proposal represents an improvement to the original proposal under MV-50-20-S which had the addition located closer to the water, the development still limits access to the shoreline between the dwelling and the water. The report should speak to the applicable natural hazard policies regarding safe access and explore options and make recommendations for how access can be maintained through the proposal. Addressed. The consultant has verified that an access corridor will be provided between the east retaining wall and property line in the event equipment is required to access the shoreline. The report (Concord Engineering, March 9, 2023) also recommends that the following construction practices be implemented to further protect the slope from instability:

Footings should be founded on bedrock. If sloping bedrock is encountered footings should be pinned using 16” lengths of 15M bar embedded 10” into the underlying bedrock – spacing of dowels will depend on site conditions.
During construction, control measures such as silt fencing should be set close to the crest of the slope.
Disturbed areas should be restored and seeded or replanted to promote regrowth, as soon as possible following the completion of the work.
Eaves trough is recommended to preserve the grade adjacent the foundations. Discharge from eaves trough downspouts should be directed away from the slope onto seeded area where natural infiltration can occur. Overall, the investigation has provided a satisfactory assessment of the extent of the erosion hazard as it relates to the proposed development. Staff recommend that the recommendations numbered above be implemented through a development agreement registered on title as a condition of minor variance approval. Recommendation CRCA staff have no objection to the approval of minor variance application PL-ZNA-20230020 based on our consideration for natural heritage, water quality, and natural hazards, provided the following: •

That the above construction recommendations numbered 1-4 be implemented through a development agreement to be registered on title.

Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, Page 2 of 3

Page 164 of 234

which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain of Loughborough Lake (the elevation 125.1 m geodetic) or within 23.2 metres of the toe of slope of the shoreline is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the proposal, and current and future landowners are advised to contact CRCA at the building permit stage. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner

Page 3 of 3

Page 165 of 234

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 13, 2023 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2023-0020, Rutledge, 1111 Heron Lane, Storrington District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30m of the highwater mark of Loughborough Lake. Related Applications The property was previously subject to minor variance decision MV-50-20-S which permitted a 13.4sqm second storey addition to be added onto the dwelling.

Discussion/Analysis Property Description The 0.31ha property is located on Heron Lane and has approximately 30m of frontage on the west basin Loughborough Lake. Heron Lane bisects the property with the existing development located north of the lane near the water. The property contains a single detached dwelling and a boathouse. The portion of the property south of Heron Lane slopes steeply up towards the rear of the property and is heavily treed with the exception of the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 166 of 234

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0020, Rutledge, 1111 Heron Lane, Storrington District

existing septic system. The properties in the area are similarly developed with waterfront residential development. Summary of Proposal To request permission under section 45(2) of the Planning Act to enlarge a legal noncomplying dwelling within 30m of the highwater mark of Loughborough Lake. The existing 204.4sqm single detached two storey dwelling is to be expanded with a 83sqm single storey addition attached to the side of the existing dwelling. The addition contains a breezeway, carport, storage area, and screened in porch. The property was previously subject to minor variance decision MV-50-20-S which permitted a 13.4sqm second storey addition to be added onto the dwelling. The application was heard at the March 9, 2023 Committee of Adjustment meeting, however the application was deferred as Cataraqui Conservation had outstanding questions on the slope stability and erosion hazard assessment that was submitted in support of the application. Supporting Documentation A Slope and Erosion Assessment (Concord Engineering, February 2, 2023; updated March 9, 2023) was submitted in support of the application. The report concluded that the bedrock is stable on slopes of greater than 1V:1H and 1.5m would be a conservative allowance for erosion at the toe of the slope. Application of the stable slope geometry and erosion allowance would leave a margin of 3.2m to the development. The report concluded that the site is limited in extent by sloping ground, granular soils, and the adjacent lake, however it does not anticipate any problems with erosion or global slope stability from the development provided the recommendations in the report to address the site limitations are followed for the proposed development. The recommendations are as follows:

Footings should be founded on bedrock. If sloping bedrock is encountered footings should be pinned using 16” lengths of 15M bar embedded 10” into the underlying bedrock – spacing of dowels will depend on site conditions.
During construction, control measures such as silt fencing should be set close to the crest of the slope.
Disturbed areas should be restored and seeded or replanted to promote re-growth, as soon as possible following the completion of the work.
Eaves trough is recommended to preserve the grade adjacent the foundations. Discharge from eaves trough downspouts should be directed away from the slope onto seeded area where natural infiltration can occur.

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

Page 167 of 234

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0020, Rutledge, 1111 Heron Lane, Storrington District

Agency Comments Cataraqui Conservation submitted comments on March 2, 2023 requesting deferral of the application. They had reviewed the original slope stability and erosion hazard assessment and had noted a number of items that required further clarification. The applicant submitted a revised study to Cataraqui Conservation, who in their March 10, 2023 letter indicated they have no objections to approval of the application provided that the development is subject to the recommendations outlined in the slope stability study. A permit will be required from the Cataraqui Conservation under their regulation. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 6.4m from the highwater mark. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The proposed addition will be located further from the water than the existing dwelling as it will be set back 10.3m from the highwater mark compared to the 6.4m setback of the existing dwelling. The proposed addition is set back as far from the highwater as possible on the property due to the location of Heron Lane which is located behind the existing dwelling. Regarding lot coverage, the lot coverage for the existing dwelling is 3.2%. With the proposed addition, lot coverage will be increasing to 5.8%. The building location minimizes the amount of site disturbance and the amount of vegetation removal that would be required as the development area is already disturbed with a vehicle parking area and was the original septic system location. The addition is one

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Page 168 of 234

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0020, Rutledge, 1111 Heron Lane, Storrington District

storey and has a lower profile than the existing two storey dwelling and is not anticipated to result in any visual impacts. The proposed addition would be close to a steep shoreline. Section 5.2.4 of the Official Plan states that the Township will direct development or site alterations away from lands identified by the municipality which may be subject to shoreline erosion hazards. This is typically done through the implementation of a 15m setback from the top of bank, as required by the Zoning By-law. A Slope and Erosion Assessment was completed that determined that it would be safe for the proposed dwelling to be setback only 3.2m from the stable slope allowance. The existing dwelling is set back 1.76m from Heron Lane. The proposed addition will maintain this set back and not encroach any closer to the road. Development on adjacent properties is also similarly located close to the lane. This is due to the topography of properties along Heron Lane with land that slopes up steeply south of Heron Lane, the lots in this area all have development concentrated between the shoreline and the road. The proposed dwelling will be setback an adequate distance from the lane to ensure it is not a hazard for the users of the right of way. There is adequate room to allow for additional parking east of the proposed addition and for traffic to pull off the road if necessary.

Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report.

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing held on March 9, 2023. This included notice given: • • • •

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Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0020, Rutledge, 1111 Heron Lane, Storrington District

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2023-0020 for 1111 Heron Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling on the subject property with a 83sqm single storey addition, consistent with the submitted plan prepared by Shawn Rutledge (Drawing A1, 11/01/22) that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. During construction, control measures such as silt fencing should be set close to the crest of the slope. b. Development will be designed and constructed to implement the recommendations of the Slope and Erosion Assessment (Concord Engineering, February 2, 2023; updated March 9, 2023) including that footings should be founded on bedrock. If sloping bedrock is encountered footings should be pinned using 16” lengths of 15M bar embedded 10” into the underlying bedrock – spacing of dowels will depend on site conditions. c. Disturbed areas shall be restored and seeded or replanted to promote regrowth, as soon as possible following the completion of the work. d. Eaves trough is recommended to preserve the grade adjacent the foundations. Discharge from eaves trough downspouts should be directed away from the slope onto seeded area where natural infiltration can occur. e. That existing natural vegetation within 30 metres of the shoreline be maintained.
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 the approval from the Township of South Frontenac. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 170 of 234

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0020, Rutledge, 1111 Heron Lane, Storrington District

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

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Page 172 of 234

provided the Committee is of the opinion

Requirements

$999.00 $1,370.00 $2,082.00

1-3 Variances 4+ Variances After building without a p_ermit

$97.00 $97.00 $97.00

Building Admin Fee:

$1,096.00 $1,467.00 $2,179.00

TOTAL:

Township of South Frontenac Minor Variance Only Minor Variance W/TH Performance Review Minor Variance in combination with a new Class 2, 3, 4, or5 sewage

’

8300

i7120’O0

$46300

It is required that a Fee be provided for the Township to review onsite sewage disposal and Conservation Authority (where applicable) when submitting an application (Separate cheques, payable to the applicable Conservation Authority, are to be submitted with the application).

Planning Fee:

Application Tm;

It is required that one (1) copy of this application be ?led with the Secretary—Treasurer of the Committee of Adjustment, together with the sketch, accompanied by a non-refundable fee in accordance with the chart below in cash, or by debit card, credit card or cheque made payable to the Township of South Frontenac.

Application

The Committee may grant permission to enlarge or extend a structure or alter the use of the lands where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law.

is desirable for the appropriate development or use of the land, building or structure Maintains the general intent and purpose of the Of?cial Plan. Maintains the general intent and purpose of the Zoning By-law. is minor in nature

The Committee may vary Zoning By-law provisions that the variance:

The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by-law or permission under s. 45(2) to alter a legal non-conforming use.

Updated January, 2023

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE OR PERMISSION (s. 45(2))

Page 173 of 234

Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., KOH2T0, Phone 376-3027 ext.2224).

Collection of Personal Information

Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.

PLEASE READ THIS ITEMCAREFULLY

Please Note: These fees are for consultation on this application only; these agencies may require additional permit applications and fees prior to any construction.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

Page 174 of 234

SARAH CADUE Date of pre-consultation:

Yes |:|No

of Authorized Agent:

District:

l:lBedford |:IPon|and

The description of the subject land:

Signature(s) of Owner(s)

l:|Loughborough Storrington

Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Email Address of Authorized Agent:

Phone number of Authorized Agent:

Full Mailing Address

Name of Authorized Agent:

If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application.

Email Address of Owner(s):

Phone number of Owner(s):

Full Mailing Address of Owner(s):

File No:

Thursday. January 5th, 2023

Name of Owner(s ) : ADAM & JENNY NEIL

Planner:

Pre-Consultation for this application

Date Received:

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

Page 175 of 234

Area: 3.15

Depth: 120m

1 14m

|:|Yes

|:|No

If access to the subject property is by water only, please indicate the parking and docking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road.

RAMPARTS ROAD

Name of Road/Lane:

OR a privately maintained road?

Does the subject property front on a municipally maintained road?

PROPOSED LOCATION LOCATED OFF OF THE EXISTING DRIVEWAY

NO OTHER VIABLELOCATION LOCATED ON THE PROPERTY

The reason why the proposed use cannot comply with the provisions of the Zoning By-law:

Fan

RELIEF FROM THE HIGH WATER MARKOF THE CREEK

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

RURAL

The current zoning of the subject land:

Frontage (on road/lane):

Frontage (on water): 90m

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

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

Page 176 of 234

23000mm

Setback from High Water Mark (If applicable)

(2) (3)

indicate: (4)

14.Are any bui|ding(s) or structure(s), or additions to existing bui|ding(s) or structure(s), PROPOSED

RESIDENTIAL

13.The proposed uses of the subject land:

178OSQ.FT

ONE STORY

Dimensions of Floor Area

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

Height of Building

Setback

soooomm

33O00mm

Setback from Rear Lot Line

from Side Lot Line

1327Omm

RESIDENCE

(1)

Setback from Front Lot Line

Type of Structure (E.g. residence)

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

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

Page 177 of 234

15000mm

Setback

24532mm

Setback from High Water Mark (If applicable)

(2) (3) (4)

NOTES: 1) If the subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same. 2) The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

34’X28’

Outside Dimensions of Buildinglstructure

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

Height of Building

T1—8'11 1/8"

33000mm

Setback from Rear Lot Line

from Side Lot Line

15351mm

GARAGE

(1)

Setback from Front Lot Line

Type of Structure (E.g. residence)

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

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

Page 178 of 234

Increase in number of bedrooms

Increase in plumbing fixtures

Increase in living space

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

(a)

(b)

(c)

(d)

What are the uses of the proposed development?

If yes, please provide details:

Do your plans include the RAISING of an existing structure?

I:IYes No

I::IYes No I:IYes No I:IYes No

I:IYes No

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

PRIVATELY OWNED AND OPERATED INDIVIDUALWELL

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

7YRS

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

2015

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

SEPTEMBER 15 2022

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

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

Page 179 of 234

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

FILE NUMBER UNKNOWN, ORIGINAL RESIDENCE SETBACK FROM WATER MARK

Ifthe answer to item 27 is yes, please give the ?le number of the application and the status of the application.

I:INo

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

ii)

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

The location of all abutting (neighbours’) lands.

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

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

A SKETCH must be submitted showing the following:

Yes

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

I:IYes No

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

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

Page 180 of 234

NEIL

DAYOF

[‘_’l¢lZCbf

31$

5g)glTE/655/4

,2o

I, or solemnly declare that all the statements contained in this application are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

?ipagi

THIS

DATED AT THE TOWNSHIP OF SOUTH FRONTENAC

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,

Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application.

The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Counci|’s decision to support the application.

The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

AGREEMENT TO INDEMNIFY

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

Page 181 of 234

Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure

—

Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.

Current zoning: You may not be aware ofthe zoning on your property and this can be determined when you come in for pre-consultation with planning staff.

Frontage, depth, area, acres: All parts of this question must be completed.

space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. Ifyour property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.

—

Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. lfthe numbers are 010, 020 or 030, your district is Bedford; if the numbers are O40-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill c. Street Number: Your civic address if a civic number has not been assigned, leave this
You may wish to appoint someone to act on your behalf during the variance process. Ifso, that person’s name, address and phone number should appear here All owner’s must sign the authorization.
The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

A Guide to Completing the Minor Variance Form

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

Page 182 of 234

19)Date land acquired: When did you take possession of the property?

—

18)Uses of Development: Please answer each part of this question. An increase in living space would include anything with walls e.g. a screened porch would involve an increase in living space.

17)Raising of Structure: In other words, are you proposing to raise the building in order to construct a basement under it.

Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. Ifthis is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.
Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—

Proposed structures: If you are planning to build ANYTHING on the property, the answer to this . question is “yes” This includes additions, decks, garages, septic systems.
Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential"
Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.
Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.
Existing Uses: e.g. residential, retail business, vacant recreational land
Parking and Docking: This question is only relevant is you can only access your property by water.

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

Page 183 of 234

—

Agreement to indemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.
SKETCH: We cannot stress enough the importance ofa detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.
If yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.
Minor variance: Has there ever been a minor variance granted on the property? Ifyou are longtime owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by-law. If you are a new owner, the seller will probably have made you aware of this.
If yes: If there is a current application for severance or subdivision on the property, please indicate the ?le number. (Staff can help provide this information)
Application for consent: is there currently an application for consent (severance) being proposed for the property?
Drainage: Are there speci?c ditches that have been constructed to deal with drainage; is there natural drainage, etc.?
Septic: in most cases the answer willbe private sewage system, but there may be some privies.

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

52:3 ( 1501)

LOCATIOI/V

5111.:SURVE To LOCATE NEW GARAGE WITHIN APPROVED SETBACKS, CONFIRMEXACT WITHOwNER.

EXISTINGHOUSE

CREEK, APPROVED THROUGH MINOR VARIANCE.

3000mm SETBACK FROM SIDE PROPERTY LINE

‘

1000Omm SETBACK FROM——I REAR PROPERTY LINE

gglh}/FEIQIGYWTOH f T10!-w~lI:T?0.

SITE VERIFYEXACT LOCATIONAND EXTENT B OF EXISTINGGRAVEL ,,o

(LT) 6289—010?’

.LAN'13R—19228

_/‘.j2.3000mm SETBACK FROM

CONSTRUCTTEMPORARYHOA I NG AROUND PERIMETEROF CONTRACTOR’ YARD TO CATCH DEBRIS AND PREVENTIT go SPREADING THROUGHOUTTHE PROPE AND ENTERING THE wATER SYSTEM. CU ND REMOVE EXISTINGTREES AND ‘v. TA’|‘ION WITHINAREA OF WORK. DO NOT DI OSE OF OFF SITE. STORE ON SITE AS D ECTED BY OWNERFOR FUTURE USE AS FIR OOD.

PROPERTY LINE, SEE MINOR VARIANCEAPPROVED6/O9/2013.

3000mm SETBACK FROM SIDE PROPERTY LINE

SETBACKFROM FRONT -———13270mm

C5,, COMPLETE Ew PARTIAL

52$

9L—H£l

NV’IcI 9

ZEHVJ

THE CONTRACTORSHALL SITE VERIFY ALL DIMENSIONSAND CONTACT THE OWNER TO NOTIFY THEMOF ANY OMISSIONS,ERRORS, AND CONTRADICTIONS FOUND IN THE DRAWINGSPRIOR TO COMMENCINGWORK. ANY DIFFERENCESBETWEENTHESE DRAWINGSAND CONSTRUCTION,WITHOUTPREVIOUS WRITTENAPPROVAL BY THE OWNER, IS THE RESPONSIBILITYOF THE CONSTRUCTOR.

§Q;‘5€fT§Xfs%AN°é ACcESS’ To SITE

‘X

IF‘ 0 ‘E

Page 184 of 234

‘

: :

‘I

4" CONCRETE SLAB, SLOPE TO DOORS OR PROVIDE FLOOR DRAINS AS PER OWNER’S DIRECTION.

24" BIGFOOT WITH 12" SONOTUBE, CONCRETE TO BE FINSHED 1" ABOVE TOP OF FLOOR SLAB.

02-‘Ir

DEPRESS FOUNDATIONWALL AND EXTENDFLOOR SLAB OVER WHEREGARAGE DOORS ARE TO BE INSTALLED

–

—

DAMPROOFINGFROM 6" BELO W GRADE DOWNTo U/5 FOOTIN GS 10” REINFORCEDPOURED coNcRE1’E FOUNDATIONwAI_|_ AND FOOTINGS MIN. 2" CONTINUOUSRIGID INSULATION

1-IEIQN E9! NDEIIQNMmI

THE CONTRACTORSHALL SITE VERIFYALL DIMENSIONSAND CONTACT THE OWNER TO NOTIFY THEM OF ANY OMISSIONS,ERRORS, AND CONTRADICTIONS FOUND IN THE DRAWINGS PRIOR TO COMMENCINGWORK. ANY DIFFERENCES BETWEENTHESE DRAWINGSAND CONSTRUCTION,WITHOUTPREVIOUS WRITTENAPPROVAL BY THE OWNER, IS THE RESPONSIBIUTY OF THE CONSTRUCTOR.

WEEPINGTILE c/w AROUNDENTIREPERIMETER or FOUNDATION.

socI<,——|——

18"X8" STRIP FOOTING CAN 2—15MBARS CENTRED IN FOoT|NG_ MAXIMUMSTEP HEIGHT TO BE 24". ENGINEER TO PROVIDE DIRECTION ON STEP LAYOUTIF MORE THAN 48" FQOT|NG ELEVATION CHANGE ALONG ANYWALL.

Page 185 of 234

HORIZONTALWOODSIDING.

PROFILEAND COLOURTO MATCH

TYPICAL2.75m x PARKINGSPACE

OUTLINEOF LOFT

6m—\

I—

ABOVE-/“KL

9’—o1"

OVERHEADGARAGEDOORS.TYPE AND COLOURTO BE SELECTEDBY OWNER.

NON—F|XED

L A D D E R

CONTINUEFOUNDATIO N ABOVE GR WALL1’—O" AD E

WOODLADDER TO LOFT STORAGE AREA

STEEL FABRICATOR TO PROVIDE SHOP DRAWING, TYPICAL.

4"x4"x1/4" STEEL HSS COLUMN WITH a"xe"x1/2" THICK BASE PLATE AND 1/4" PLATE SADDLE WELDED TO TOP TO ACCEPT LVL BEAM.

POUR 4" HIGH CURB—‘ TO PROTECT DCW LINE

THE CONTRACTOR SHALL SITE VERIFYALL DIMENSIONSAND CONTACT THE OWNER TO NOTIFY THEM OF ANY OMISSIONS, ERRORS, AND CONTRADICTTONS FOUND IN THE DRAWINGSPRIOR TO COMMENCINGWORK. ANY DIFFERENCES BETWEENTHESE DRAWINGSAND CONSTRUCTTON,WITHOUTPREVIOUS WRITTENAPPROVAL BY THE OWNER, IS THE RESPONSIBILITYOF THE CONSTRUCTOR.

OUTLINEOF ROOF ABOVE

—

EXISTINGHOUSE. 1"x3" SOLID WOODSTRAPPING VAPOUR—PERMEABLE AIR BARRIERMEMBRANE 1/2" EXTERIORGRADE PLYWOOD SHEATHING 2"x6" SOLID WOODSTUDS AT MAX. 16" O.C. NOTE: THIS ASSEMBLYDOES NOT CONTAININSULATTONOR A VAPOUR BARRIER.

—

TO U/S FOOTINGS OR BEDROCK.

“A” ON COMPACTEDGRANULAR"B" DOWN

DRIVEWAY:MIN. 6" COMPACTEDGRANULARTT-"

Page 186 of 234

‘

SNOW/ICE

If MIATCH

Houfsz.

PREIIINISI-IED FASTENERS 3ROOFc/ InQNCEALED STEEL AND cu/,4RDs.:1% COLOURo EXISTING;

THE CONTRACTOR SHALL SITE VERIFYALL DIMENSIONSAND CONTACT THE OWNER TO NOTIFYTHEM OF ANY OMISSIONS, ERRORS, AND CONTRADICTIONS FOUND IN THE DRAWINGSPRIOR TO COMMENCINGWORK. ANY DIFFERENCESBETWEENTHESE DRAWINGSAND CONSTRUCTION,WITHOUTPREVIOUS WRITTENAPPROVAL BY THE OWNER, IS THE RESPONSIBILITYOF THE CONSTRUCTOR.

OUTLINEOF WALLBELOW

Page 187 of 234

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—

Page 188 of 234

Inset Map Inset Map

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Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

Page 189 of 234

5044 RAMPARTS RD

Scale: 1:1,500 0

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50 m

UTM Zone 18 NAD 83

Date: 2023-03-15

March 29, 2023

File: MV/FRS/55/2023

Sent by E-mail Ms. Christine Woods, Senior Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Woods: Re:

Application for Minor Variance PL-ZNA-2023-0032 (Neil) Pt Lot 13, Concession 10; 5088 Ramparts Road Storrington District, Township of South Frontenac Waterbody: Unnamed Tributary

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the construction of a new detached garage on the subject property. The variance is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 24.5 metres to permit the construction of the new garage.

We provide the following comments for the Township’s consideration based on our role as a commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses. Site Description The property is located on the east side of Ramparts Road with approximately 114 metres of road frontage. The topography of the site can be characterized as being rolling with areas of exposed bedrock at a number of locations. The property slopes down to the east, creating a depression where a small ephemeral creek crosses the property from the northeast corner and empties into a watercourse south of the lot. Currently there is a residential dwelling about 23 metres from the creek. Staff visited the site on January 27, 2023. The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Residential’ (R) in the Zoning By-law for South Frontenac Township. Page 1 of 3

Page 190 of 234

Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards associated with the unnamed tributary. Natural Hazards / Ontario Regulation 148/06 Flooding: Cataraqui Conservation does not have floodplain mapping for the unnamed watercourse, consequently our regulatory policies require a minimum 30 metre buffer (setback) horizontal from the top of bank of the watercourse for any development. CRCA regulatory policies can permit a reduction of the 30 metre setback if the extent of the regulatory floodplain can be estimated using accepted scientific and engineering principles. In this case, due to the 5 metre high bank and limited flow associated with the creek, the floodplain for this feature is not anticipated to extend beyond the top of bank. CRCA recommends that development be set back a minimum of 4 metres from the top of bank of the creek. Based on LIDAR mapping information and observations taken on site, the top of bank is defined as the area where the steeper valley slope levels out. Based on aerial mapping and the site plan submitted with the application, at 24.5 metres from the creek, the proposal can meet this requirement. Erosion: Due to the bedrock slope, and in accordance with provincial technical standards, CRCA defines the extent of potential erosion hazards to be 4 metres from the stable top of bank. The purpose of this setback is to provide access to and along shoreline hazard areas. Access may be required for emergency purposes, regular maintenance to existing structures, or to repair failed structures. Provided the development complies with the required 4 metre top of bank setback, staff have no concerns with the proposal from a natural hazards perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2023-0032 based on our consideration for natural hazard policies and Ontario Regulation 148/06. We also recommend implementation of the above-noted best practice measures (in bold text). Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 30 metres of

Page 191 of 234

the unnamed watercourse is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the construction of the proposed garage. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner

Page 192 of 234

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 13, 2023 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2023-0032, Adam Neil, 5088 Ramparts Road, Storrington District

Summary The subject application seeks zoning relief to permit an accessory building (detached garage) to be setback less than 30 metres from the highwater mark of a watercourse. This report recommends that the Committee of Adjustment grant approval of this application subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of Planning Act.

Background Official Plan Designation: Rural Zoning: Rural Zoning Relief Requested Sections 5.8.2(b) and 7.3.2 – to permit an accessory building (detached garage) to be setback a minimum of 24.5 metres from the highwater mark of a watercourse, whereas the Zoning By-law requires a minimum 30 metre setback for all buildings and structures. Related Applications The subject property is not subject to any other applications under the Planning Act.

Discussion/Analysis Property Description

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

Page 193 of 234

Township of South Frontenac Staff Report - PL-ZNA-2023-0032, Adam Neil, 5088 Ramparts Road, Storrington District

The 1.2 hectare (3.1 acre) property has frontage on Rampart Road. The property is forested. There is a watercourse that flows through the east half of the property. The property is developed with a single detached dwelling. Summary of Proposal The owner proposes to construct a 34 foot by 28 foot (952 square foot) detached garage. The garage would be located to the south of the dwelling. It would be 15 metres from the front lot line, slightly farther than the dwelling. The garage would be setback 24.5 metres from the highwater mark of the watercourse on the property. An application for minor variance was received to permit the garage to be setback less than 30 metres from the highwater mark of the watercourse. Department and Agency Comments Cataraqui Conservation indicated in a letter dated March 29, 2023, that they have no objection to the approval of this application based on their consideration for natural hazard policies and O. Reg. 148/06. Public Comments Supportive written comments were received from a nearby landowner. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural in the Official Plan on Schedule A. The proposed accessory building (garage) is a use associated with the permitted residential use of the property. The garage would be setback 24.5 metres from the highwater mark of a watercourse. Section 5.2.7(b) of the Official Plan indicates that consideration may be given to reductions to the minimum 30 metre highwater mark setback only if it is not physically possible to meet the setback anywhere on the property. Where it is not physically possible to meet the setback, then the structure must be constructed as far back as possible from the highwater mark. The proposed location of the garage was chosen by the owner with consideration for the topography. It also maintains the minimum front yard www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 194 of 234

Township of South Frontenac Staff Report - PL-ZNA-2023-0032, Adam Neil, 5088 Ramparts Road, Storrington District

and highwater mark setbacks of the dwelling that were approved by the Committee of Adjustment through minor variance application MV-23-13-S. The proposed variances maintain the general intent and purpose of the Official Plan related to residential development, and development adjacent to environmentally sensitive areas. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed variance maintains the general intent and purpose of the Zoning By-law. The proposed garage is a use associated with the permitted residential use of the property. The garage setback from the highwater mark will be maximized at 24.5 metres. The garage would comply with all other applicable zoning provisions. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate use of the land and building. The location of the garage is practical. The setback from the watercourse is maximized while minimizing the setback from the front lot line. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. It is not anticipated to impact the existing or planned functionality of the property and adjacent properties. The existing natural vegetation will be maintained between the garage and the watercourse.

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

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0032 for the property at 5088 Ramparts Road, subject to the following conditions.

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

Page 195 of 234

Township of South Frontenac Staff Report - PL-ZNA-2023-0032, Adam Neil, 5088 Ramparts Road, Storrington District

The minor variance is for an accessory building (detached garage). The garage is permitted to be setback a minimum of 24.5 metres from the highwater mark of the watercourse on the property. The location and dimensions of the garage must be consistent with the applicant’s site sketch that will be attached to the Decision as Schedule “A”.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2023-0032 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner

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

Page 196 of 234

Page 197 of 234

the Committee is of the opinion

Is desirable for the appropriate development or use of the land, building or structure Maintains the general intent and purpose of the Of?cial Plan. Maintains the general intent and purpose of the Zoning By-law. is minor in nature

provided

Building Admin Fee: $97.00 $97.00 $97.00

Planniigg Fee: $999.00 $1,370.00 $2,082.00

$1,096.00 $1,467.00 $2,179.00

TOTAL:

Township of South Frontenac Minor Variance Only Minor Variance WITHPerformance Review Minor Variance in combination with a new Class

$1’183'0O

$463'0O $72000

It is required that a Fee be provided for the Township to review onsite sewage disposal and Conservation Authority (where applicable) when submitting an application (Separate cheques, payable to the applicable Conservation Authority, are to be submitted with the application).

Application Type: 1-3 Variances 4+ Variances After buildipgwithout a permit

It is required that one (1) copy of this application be filed with the Secretary—Treasurer of the Committee of Adjustment, together with the sketch, accompanied by a non-refundable fee in accordance with the chart below in cash, or by debit card, credit card or cheque made payable to the Township of South Frontenac.

Application Requirements

The Committee may vary Zoning By-law provisions that the variance:

APPLICATIONFOR MINOR VARIANCE OR PERMISSION (s. 45(2)) Updated January, 2023

r__SR94l}‘L1-Al‘-cl TOWNSHIP OF SOUTH FRONTENAC *...\<—:

Page 198 of 234

Collection of Personal Information

Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required information may not be accepted. In this regard, the applicant may wishto secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.

PLEASE READ THIS ITEMCAREFULLY

Please Note: These, fees are for consultationon this applicat_iononly; these agencies may require additional permit applications and fees prior to any construction.

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

Page 199 of 234

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Agent as named above is hereby authorized to act on behalf of the owners for purposes of brocessino this application for Minor Variance.

Email Address of Authorized Agent:

Phone number of Authorized Agent:

Full Mailing Address of Authorized Agent:

Name of Authorized Agent:

If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application.

Email Address ofOwner(s):

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Name of Owner(s):

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Pre-Consultation for this application

Date Received_:

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

Page 200 of 234

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If access to the subject property is by water only, please indicate the parking and docking facilities used or to be used and the approximate distance of these facilities from subject land and the nearest public road.

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areaof the subject land.

The current zoning of the subject land:

Depth.

Frontage (on water):

The frontage(s), depth and

Does the subject property front on a municipally maintained road?

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

Page 201 of 234

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13.The proposed uses of the subject land:

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Setback from High Water Mark (If applicable)

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Height of Building

Setback from Rear Lot Line

Setback from Side Lot Line

Setback from Front Lot Line

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lfthe answer to item 11 is yes, for EACH building or structure indicate:

Type o f S tructure (E.g. residence)

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

Page 202 of 234

NOTES:

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indicate:

lfthe subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same.
The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

Setback from High Water Mark (If applicable)

Outside Dimensions of Buildinglstructure

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

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

Setback from Front Lot Line

Type of Structure (E.g. residence)

Ifthe answer to item14 is yes, for each proposed addition, building or structure

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

Page 203 of 234

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

(d)

2020

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

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Increase in living space

(c)

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Yes

Increase in plumbing fixtures

(b)

Yes

Increase in number of bedrooms

(a)

What are the uses of the proposed development?

If yes, please provide details:

Do your plans include the RAISINGof an existing structure?

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

Page 204 of 234

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

ii)

The location of all abutting (neighbours’) lands.

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

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

A SKETCH must be submitted showing the following:

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

9/6

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

Yes

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

34%

Yes

25.Please indicatewhether the subject land is subject_of an application underthe Planning Act for approval ofa Plan of Subdivision or Consent.

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

Page 205 of 234

DAY OF

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THIS

DATED AT THE TOWNSHIP OF SOUTH FRONTENAC

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

TO INDEMNIFY AGREEMENT

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

Page 206 of 234

A Guide to Completing the Minor VarianceForm

Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure

—

Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.

Current zoning: You may not be aware ofthe zoning on your property and this can be determined when you come in for pre-consultation with planning staff.
Frontage, depth, area, acres: All parts of this question must be completed.

—

Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. lfth.e numbers are O10, 020 or 030, your district is Bedford; if the numbers are O40-O50, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill c. Street Number: Your civic address if a civic number has not been assigned, leave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on yourtax bill. Please take time to look it up before submitting the application.
You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and phone number should appear here All owner’s must sign the authorization.
The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

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

Page 207 of 234

on the property now, the answer to this

19)Date land acquired: When did you take possession of the property?

—

18)Uses of Development: Please answer each part of this question. An increase in living space would include anything with walls e.g. a screened porch would involve an increase in living space.

17)Raising of Structure: In other words, are you proposing to raise the building in orderto construct a basement under it.

Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. lfthis is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.
Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—

Proposed structures: If you are planning to build ANYTHING on the property, the answer to this question is “yes” This includes additions, decks, garages, septic systems.
Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residentia|”
Description ofbuildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.
Buildings: If there are ANY buildings or structures question is “yes”.
Existing Uses: e.g. residential, retail business, vacant recreational land
Parking and _Docking:This question is only relevant is you can only access your property by water.

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

Page 208 of 234

being proposed

—

Agreement to lndemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.
SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.
If yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.
Minor variance: Has there ever been a minor variance granted on the property? Ifyou are longtime owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by-law. If you are a new owner, the seller will probably have made you aware of this.
If yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)
Application for consent: is there currently an application for consent (severance) for the property?
Drainage: Are there speci?c ditches that have been constructed to deal with drainage; is there natural drainage, etc.?
Septic: _inmost cases the answerwill be private sewage system, but there may be some privies.

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

Page 209 of 234

Page 210 of 234

Page 211 of 234

E LAN DER AL

Inset Map Inset Map AD SS RO CRO

ALDER LANE

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NE THISTLE LANE

122 THISTLE 108 116 LANE THISTLE THISTLE LANE LANE

92 THISTLE LANE

THISTLE LANE

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101 THISTLE LANE

145 BADOUR RD

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PL-ZNA-2023-0034 (PRUDHOMME) (FRETTS)

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Bobs Lake

113 MILL BAY LANE 103 MILL BAY LANE 93 MILL BAY LANE

LANE

32 CO OP LANE Legend Subject Property

87 MILL BAY LANE MILL BAY LANE 73 MILL BAY LANE

PE N N Y

LA N E

242A BADOUR RD

Wetland

84 MILL BAY LANE

65 MILL BAY LANE

Wooded Area

72 MILL BAY LANE

MILL BAY LANE

96 CO-OP DR

Provincially Significant Wetland

88 MILL BAY LANE

67 MILL BAY LANE

CO OP DR

32 Co Op Lane

Lake Trout Lake - At Capacity

68 MILL BAY LANE

Lake Trout Lake - Not at Capacity

55 MILL BAY LANE 242A BADOUR RD

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MICA PO IN T

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32 CO OP LANE N LA

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60 MILL BAY LANE

41 MILL BAY LANE

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Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

MILL BAY LANE

BADOUR RD

Scale: 1:4,000

LANE FAIRHAVEN

450 BADOUR RD

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MICA POINT LANE

CON 7 PT LOT 33 392B BADOUR RD RP 13R182 PART 7 BOBS LAKE BADOUR RD 37 FAIRHAVEN LANE

m UTM Zone 18 NAD 83

Date: 2023-03-17

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 13, 2023 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2023-0034, Prudhomme (Bob’s Lake Co-operative), 32 Co-op Lane, Bedford District

Summary The subject application seeks zoning relief to permit a replacement trailer at 32 Co-op Lane. This report recommends that the Committee of Adjustment grant approval of this application subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of Planning Act.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront – Special Provision (RLSW-3) Related Applications The subject property is not subject to any other applications under the Planning Act.

Discussion/Analysis Background 32 Co-op Lane is a campsite on one of several properties owned by the Bob’s Lake CoOperative. The subject property is zoned RLSW-3. The RLSW-3 zone permits a maximum of 52 campsites for recreational vehicles on this specific property. The RLSW-3 zone requires that the replacement of any existing trailer on the property be subject to a minor variance application to determine the appropriateness of the size and location of the replacement trailer.

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

Page 213 of 234

Township of South Frontenac Staff Report - PL-ZNA-2023-0034, Prudhomme (Bob’s Lake Co-operative), 32 Co-op Lane, Bedford District

Property Description 32 Co-op Lane is located in the interior of the subject property, on generally level ground. It contains a mobile home with an add-on structure, a shed and an outhouse. Summary of Proposal The application is to replace the existing mobile home at 32 Co-op Lane. The existing 24 foot by 8 foot mobile home would be replaced with a new 36 foot by 8 foot trailer. The new trailer would be placed in the same location as the existing trailer, beside the existing addon structure. The trailer would be setback at least 30 metres from the highwater mark of Bob’s Lake, and are far removed from any property lines. Department and Agency Comments Public Services did not provide comments on the application as the property is accessed from a private lane. Rideau Valley Conservation Authority was not circulated the application given the distance of the existing trailer from the lake and the nature of the application. The application indicates that there is an existing outhouse with a 500 litre holding tank. Planning staff observed that the plumbing of the mobile home appears to be connected to a pipe that connects to the holding tank. Building Services has indicated that if the owner wishes to use all of the plumbing fixtures inside the new trailer, the owner must apply for and obtain a permit to install a sewage system that complies with current Ontario Building Code requirements. Otherwise, the new trailer will need to have its plumbing disconnected and not be used, and the pipe to the holding tank must be removed. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below.

Does the variance maintain the general intent and purpose of the Official Plan?

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

Page 214 of 234

Township of South Frontenac Staff Report - PL-ZNA-2023-0034, Prudhomme (Bob’s Lake Co-operative), 32 Co-op Lane, Bedford District

The subject lands are designated Rural in the Official Plan on Schedule A. The type and amount of development on Rural lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The proposed variance maintains the general intent and purpose of the Official Plan related to development in the Rural area and adjacent to environmentally sensitive areas. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed variance for the replacement trailer maintains the general intent and purpose of the Zoning By-law. The trailer is on one of 52 campsites permitted on the subject property by the RLSW-3 zone. The RLSW-3 zone only permits the replacement of existing trailers through a minor variance application in order to determine the appropriateness of the size and location of the replacement trailer. The existing mobile home at 32 Co-op Lane is not located near any property lines and is within the bounds of the campsite defined by Bob’s Lake Co-op. The mobile home is at least 30 metres from the highwater mark of Bobs Lake. The existing add-on structure is not proposed to be modified, and would continue to be setback more than 5 metres from the surveyed right-of-way (Co-op Lane) that crosses the campsite, as required by section 5.6.1 of the Zoning By-law. This means that the replacement trailer would also meet all zoning requirements. Planning staff have determined that the size and placement of the trailer is appropriate. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The variance is desirable for the appropriate development of the land, as it would allow the existing mobile home to be replaced with a similar sized trailer, in the same general location on the property. The variance is not anticipated to result in any land use incompatibilities between the campsites, the right-of-way and abutting properties. Planning staff observed that the existing mobile home plumbing is connected to a pipe that appears to be connected to the outhouse/holding tank. One of the recommended conditions of approval is that the applicant shall apply for and obtain a permit for a sewage system under the Ontario Building Code, or remove the plumbing from the trailer and the pipe to the holding tank to the satisfaction of the Township. This condition is recommended to ensure that wastewater is properly disposed of.

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

Page 215 of 234

Township of South Frontenac Staff Report - PL-ZNA-2023-0034, Prudhomme (Bob’s Lake Co-operative), 32 Co-op Lane, Bedford District

Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. The replacement trailer will not cause any negative impacts as a result of its size and location on the subject property.

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

The minor variance is for an 36 foot by 8 foot trailer at 32 Co-op Lane. The location of the trailer shall be as per the submitted application and the sketch that will be attached to the Decision as Schedule “A”.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
The applicant shall apply for and obtain a permit for a sewage system under the Ontario Building Code, or remove the plumbing from the replacement trailer and remove the pipe to the holding tank within 30 days of the trailer being placed on the site to the satisfaction of the Township.
Minor variance PL-ZNA-2023-0034 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner

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

Page 216 of 234

Page 217 of 234

QZ [:|No M/Yes

File No:

The description of the subject land:

Signature(s) of Owner(s)

Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Email Address of Authorized Agent:

Phone number of Authorized Agent:

.FullMailing Address of Authorized Agent:

Name of Authorized Agent:

If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application.

Email Address of Owner(s): _

Phone number of Owner(s): _

Full Mailing Address of Owner(s):_

L;’}<./.L:L Wmsls Date of pre-consultation: “W1 J3 . -13093 Plannerzl C1 39

Name ofOwner(s): L5;-/’

Pre-Consultation for this application

Date Received:

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

Page 218 of 234

A] Z

The current zoning of the subject land:

Depth:

Frontage (on water):

Area:

I:|Yes

l:]No

|:|No

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Name of Road/Lane:

OR a privately maintained road?

-Lo1?.’

Frontage (on road/lane):

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

Does the subject property front on a municipally maintained road?

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

Page 219 of 234

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Setback from High Water Mark (If applicable)

Dimensions of Floor Area

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

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

Page 220 of 234

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NOTES: 1) If the subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark wilt be the same. 2) The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

Setback from High Water Mark (If applicable)

Dimensions of Building/Structure

Outside

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

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

Setback from Front Lot Line

Type of Structure (E.g. residence)

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

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

Increase in number of bedrooms

Increase in plumbing fixtures

Increase in living space

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

(a)

(b)

(c)

(cl)

What are the uses of the proposed development?

if yes, please provide details:

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|:lYes

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Indicate whether sewage disposal is provided to the subject land by a publicly owned and operated sewage system, a privately owned and operated individual or communal septic system, a

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

ll017 0

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

|:|Yes

l:lYes mm |:|Yes IENO

Do your plans include the RAISING of an existing structure?

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

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

Page 221 of 234

Page 222 of 234

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

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

The location of all abutting (neighbours’) lands.

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

ii)

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

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

A SKETCH must be submitted showing the following:

I:lYes

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

|:lYes

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

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

Page 223 of 234

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Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

AGREEMENT TO INDEMNIFY

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

Page 224 of 234

Page 225 of 234

Page 226 of 234

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Page 229 of 234

Thirteen Island Lake

Desert Lake

NE 2995 DESERT LAKE RD

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3006A DESERT LAKE RD

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2959 DESERT LAKE ROAD Legend Subject Property DESE RT LAKE

Provincially Significant Wetland ROAD

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DESERT LAKE RD

2959 DESERT LAKE RD

Road Railway

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

Page 230 of 234

2873 DESERT LAKE RD

Scale: 1:1,000 0

12.5

50 m

UTM Zone 18 NAD 83

Date: 2023-03-28

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 13, 2023 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2023-0039, Leonard and Beverly Rose, 2959 Desert Lake Road, Bedford District

Summary The subject application seeks zoning relief to permit allow the lot coverage of all accessory buildings to exceed the lot coverage of the dwelling so that a detached garage may be constructed on the property. This report recommends that the Committee of Adjustment grant approval of this application subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of Planning Act.

Background Official Plan Designation: Rural Zoning: Rural Zoning Relief Requested Section 5.24.1 – to permit the lot coverage of the accessory buildings to exceed that of the principal building. Related Applications The subject property is not subject to any other applications under the Planning Act.

Discussion/Analysis Property Description The one hectare (2.6 acres) property has frontage on Desert Lake Road. The property is developed with a single detached dwelling, a garage and a shed. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 231 of 234

Township of South Frontenac Staff Report - PL-ZNA-2023-0039, Leonard and Beverly Rose, 2959 Desert Lake Road, Bedford District

Summary of Proposal The owners propose to construct a 30 foot by 40 foot (1200 square foot) detached garage. The garage would located to the rear of the dwelling, east of the existing garage. The garage would meet or exceed all setback requirements. An application for minor variance was received to permit the total lot coverage of the accessory buildings on the property to exceed that of the principal building. The lot coverage of all accessory buildings would be 2.8%, which exceeds the 0.8% lot coverage of the dwelling. Department and Agency Comments The application was not reviewed by any Township departments nor Cataraqui Conservation due to the nature of the requested relief and the proposed location of the garage. Public Comments Supportive written comments were received from a nearby landowner. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The proposed variance maintains the general intent and purpose of the Official Plan. The subject lands are designated Rural in the Official Plan on Schedule A. The proposed accessory building (garage) and the existing accessory buildings are uses associated with the permitted residential use of the property. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed variance maintains the general intent and purpose of the Zoning By-law. The proposed garage and the existing accessory buildings are uses associated with the permitted residential use of the property. The existing dwelling on the property has a 936 square foot floor area. The proposed garage would have a 1200 square foot floor area. The Zoning By-law permits a maximum www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 232 of 234

Township of South Frontenac Staff Report - PL-ZNA-2023-0039, Leonard and Beverly Rose, 2959 Desert Lake Road, Bedford District

5% total lot coverage for all accessory buildings on a property, and requires that this lot coverage not exceed that of the principal building. The intent of this provision is to ensure that the dwelling remains the focus of a residential property, and that the property is not overcrowded with buildings. Lot coverage of accessory buildings on the property would be 2.8%, which is less than the maximum 5% permitted. Allowing the total lot coverage for accessory buildings on this property to exceed that of the house would not result in an overdeveloped appearance of the property given the size of the property, and the location of the accessory buildings, including the new garage, relative to the dwelling and the road. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The proposed garage would provide the owners with a functional space for vehicle parking and maintenance. The garage would not be visible from the road, nor from the nearest developed properties. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. It is not anticipated to impact the existing or planned functionality of the property and adjacent properties.

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0039 for the property at 2959 Desert Lake Road, subject to the following conditions.

The minor variance is for a 1200 square foot accessory building (detached garage). The total lot coverage of all accessory buildings on the property is permitted to exceed that of the principal building, per the submitted sketch, which would be attached to the Decision as Schedule “A”.

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

Page 233 of 234

Township of South Frontenac Staff Report - PL-ZNA-2023-0039, Leonard and Beverly Rose, 2959 Desert Lake Road, Bedford District

A building permit is required for ALL demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2023-0039 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner

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

Page 234 of 234

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