Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: November 13, 2025 Collection: Council Agendas Municipality: South Frontenac

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

7:00 PM, Thursday, November 13, 2025 Council Chambers/Virtual Via Zoom .

Call to Order

a)

Resolution.

Adoption of Agenda

a)

Resolution.

Electronic Meeting Information

a)

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

b)

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

Declaration of pecuniary interest

a)

There are none.

Approval of Minutes – October 9, 2025

a)

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

a)

PL-BDJ-2025-0088 (Sleeth) (Barbier) - Storrington District

4 - 59

60 - 67

68 109

Property Address: Unaddressed lands fronting on Ormsbee Road, Wellington Street, & Milburn Road ARN: 102906006004900 Purpose & Effect of the Application: The severance application seeks to permit a lot addition. The proposed 3.82 acre lot addition would increase the area of the benefitting lands (2008 Ormsbee Road) to 5.02 acres. The unaddressed retained parcel (102906006004900) would have 93.62 acres of remaining area, with frontage on Wellington Street, Milburn

Page 1 of 377

Road and Ormsbee Road. b)

PL-BDJ-2025-0106 (Mundell) - Loughborough District

110 163

Property Address: Unaddressed lands fronting on Winding Creek Lane & Burega Lane (ARN: 102904006001840) Purpose & Effect of the Application: Consent for the creation of one new residential lot. The lot would be 2.5 acres in area with 87 metres frontage on Winding Creek Lane. c)

PL-BDJ-2025-0107 (Mundell) - Loughborough District

164 217

Property Address: Unaddressed lands fronting on Winding Creek Lane & Burega Lane (ARN: 102904006001840) Purpose & Effect of the Application: Consent for the creation of one new residential lot. The lot would be 2.5 acres in area with 113 metres frontage on Burega Lane. d)

PL-BDJ-2025-0108 (Gow) (Mundell) - Loughborough District

218 241

Property Address: 3624 Sydenham Road Purpose & Effect of Application: The consent application is for the creation of a right-of-way over a portion of Burega Lane, for access to the proposed severed parcel of associated consent application PL-BDJ-2025-0107. e)

PL-BDJ-2025-0109 (Lappan) (Mundell) - Loughborough District

242 265

Property Address:1079 Burega Lane Purpose & Effect of Application: The consent application is for the creation of a right-of-way over a portion of Burega Lane, for access to the proposed severed parcel of associated consent application PL-BDJ-2025-0107. 8.

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

New Minor Variance / Permission Applications:

a)

PL-ZNA-2025-0011 (Jorgensen) - Storrington District

266 296

Property Address: 4571 Stair Step Lane Purpose & Effect of the Application: This application seeks permission to enlarge two legal nonconforming cottages. The applicant proposes to replace the two existing cottages (38sqm & 54sqm) and 58sqm of attached decking with one cottage in a similar footprint. The proposed two-storey

Page 2 of 377

cottage would have a building height of 10m, a building footprint of 156.2sqm, and would be setback 14 metres from the highwater mark of Dog Lake and 4m from the top of bank. b)

PL-ZNA-2025-0096 (Pellerin & Bercier) - Bedford District

297 326

Property Address: 340 Devil Lake Road Purpose & Effect of the Application: A minor variance is being requested to allow 17sqm (182sqft) deck, attached to the side of the dwelling, to be setback 23m from the highwater mark of a watercourse/unevaluated wetland. The deck was constructed without the necessary approvals. c)

PL-ZNA-2025-0110 (Mundell) - Loughborough District

327 375

Property Address: Unaddressed lands fronting on Winding Creek Lane & Burega Lane (ARN: 102904006001840) Purpose & Effect of the Application: The minor variance application is requesting permission for the new residential lots from associated consent applications PL-BDJ-20250106 & PL-BDJ-2025-0107 to be at least 300 metres from the licensed quarry on Sydenham Road.

Other Business

a)

Delegated Authority Consent Report

Adjournment

a)

Resolution.

376 377

Page 3 of 377

Committee of Adjustment Meeting Thursday, November 13, 2025 7:00 p.m. Council Chambers 4432 George Street, Sydenham, ON and Virtual on Zoom Page 4 of 377

Joining us on Zoom? Your camera won’t be turned on. Your microphone will stay muted unless you ask to speak during a comment period.

Roll Call Committee Members Norm Roberts Scott Trueman Ray Leonard Steve Pegrum

Patrick Diotte Alan Revill Brett Moreland Mike Howe

Staff

Page 5 of 377

Christine Woods, Manager of Planning Noah Perron, Planner Kate Kaestner, Planning Clerk/ Secretary-Treasurer

Agenda • Call to Order • Adoption of Agenda • Meeting Information • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Hearings for Applications • Other Business

• Delegated Consent Granting Authority Report

Page 6 of 377

• Adjournment

Format for Each Hearing

Page 7 of 377

  1. Chair introduces application
  2. Planner presents application
  3. Applicant/agent permitted to address Committee
  4. Members of the public permitted to address Committee (maximum 5 minutes per individual)
  5. Staff and/or applicant to provide response to public comments / questions
  6. Questions from Committee members (no comments or debate)
  7. Secretary-Treasurer reads the resolution
  8. Committee discussion and vote

After the Meeting

Page 8 of 377

• Township staff will contact the applicant following the meeting. Where a decision is made, it will be forwarded to the applicant and anyone who requested to be notified within 15 days. • The applicant, the Minister or a specified person or public body 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 Secretary-Treasurer 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. • If you have any questions after the meeting, please reach out to staff.

How to Speak to an Application

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• The Chair of the meeting will open the floor to public comments • In person • Raise your hand and wait for the Chair to acknowledge you • Move to the table and clearly state your name for the record • On Zoom • Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating by telephone • The Chair will acknowledge you, and the Meeting Host will unmute you • Once you are done speaking or the Committee has no further questions, the Meeting Host will mute your microphone

Notice of Collection • Personal information is collected to gather feedback and communicate with interested parties about applications. • This information is collected under the authority of the Planning Act and in accordance with the Municipal Freedom of Information and Protection of Privacy Act. • With the exception of e-mail addresses and telephone numbers, all information and comments will become part of the public record and will appear on the Township’s website. • Meetings are broadcast live over the internet for the public to view. Your voice will be heard in the broadcast if you speak at the meeting. Broadcasts are archived and continue to be publicly available. Page 10 of 377

• Questions regarding the collection, use and disclosure of this personal information should be directed to the Township Clerk.

Declaration of Pecuniary Interests

Page 11 of 377

Approval of Minutes of Previous Meeting • Approval of Minutes from meeting of October 9, 2025

Page 12 of 377

New Consent Applications

Page 13 of 377

Applications PL-BDJ-2025-0088 Consent

Property Owner: Paul & Jeff Sleeth Agent: Jarod Barbier Property: 10290600604900

Page 14 of 377

Property Description

Page 15 of 377

• Subject property (Red) • 97.4 Acres • Agricultural fields, woodland patches & watercourse/wetland • Mostly designated Rural & Zoned RU • Benefitting Lands (2008 Ormsbee Road – Green) • 1.02 Acres • Dwelling w/attached garage • Marine & Engine Repair Business • Designated Rural & Zoned RU

Proposal • Consent for residential lot addition • Severed (Lot Addition) • 3.82 Acres • Forested area in SE corner • Retained: • 93.6 acres • Benefitting Lands (2008 Ormsbee Road) • Enlarged to 5.02 acres • Bring existing home industry into compliance with Zoning By-law Page 16 of 377

Proposed lot addition area (looking north) Page 17 of 377

Proposed lot addition area (looking south towards 2008 Ormsbee Road)

Agency Comments • Cataraqui Conservation – No Objection

• Watercourse and wetland on the retained parcel is regulated under O. Reg 41/24 – Contact CRCA before considering development within 30 metres.

Page 18 of 377

Public Comments • Two letters of objection received from neighbouring property owners • Concerns with current and future operation of marine & engine repair business – air pollution, increased traffic, impacts to traffic safety and environmental contamination • Question regarding home industry section of the Zoning By-law • Owner of benefitting lands submitted letter of response – attached several letters of support about the proposal Page 19 of 377

Discussion • Residential development (including lot additions) permitted in the Rural Designation • Planning Staff review lot additions from a perspective of convenience and technical reasons. • Agricultural use of retained lands wouldn’t be impacted by severing 3.8 acres of woodland in SE corner • Benefitting lands to increase in area from 1.2 acres to 5.02 acres – frontage on Ormsbee Road (46m) would stay the same • Lot addition proposal is consistent with PPS 2024, conforms to land division policies of OP & complies with Zoning By-Law 2003-75 Page 20 of 377

Recommendation • Approval • Subject to conditions

Page 21 of 377

Questions & Comments

  1. Applicant/Agent
  2. Members of the Public
  3. Committee Member questions

Page 22 of 377

PL-BDJ-2025-0088 Committee Deliberation and Vote

Page 23 of 377

Consent Applications PL-BDJ-2025-0106 to PL-BDJ-2025-0109 Minor Variance Application PL-ZNA-2025-0110 Applicant/Agent: Jack Mundell Properties: Winding Creek Lane (102904006001840) 3624 Sydenham Road 1079 Burega Lane Page 24 of 377

Location Sydenham Road

Quarry

Page 25 of 377

Loughborough Lake

Proposal • Lot 1

• 2.5 acres • 113 metres frontage on Burega Lane • 87 metres frontage on Winding Creek Lane • Winding Creek Lane access

• Lot 2

• 2.5 acres • 113 metres frontage on Burega Lane • Burega Lane access proposed

• Retained lands Page 26 of 377

• 13 acres • Winding Creek Lane access

• Minor variance for lots to be 300 metres from a quarry

Page 27 of 377

Looking north - Winding Creek Lane on the left and property on the right

Department, Agency and Public Comments • Cataraqui Conservation

• No objection • Owner to contact CRCA staff should karst features be identified or if development or site alteration is proposed within 30 metres of the watercourse

• Public Comment • None received

Page 28 of 377

At-Capacity Lake Trout Lake

Page 29 of 377

• West Basin of Loughborough Lake is an at-capacity lake trout lake • New lot creation is prohibited within 300 metres of the lake • Severed parcels would be more than 300 metres from the highwater mark of the lake • Retained parcel would continue to be a lot of record

Lot 1 Lot 2

300m

Lake

Provincially Significant Wetland • Loughborough Lake South Wetland • The severed and retained parcels are more than 120 metres from the wetland

Lot 1 Lot 2

120m

Wetland Page 30 of 377

Cranston Quarry • Residential land uses are

• Prohibited within 300 metres of a quarry • Restricted between 300 and 500 metres of a quarry

Page 31 of 377

• Lot 1 is 300 metres • Lot 2 is 413 metres • No land use incompatibility per Planning Report (The Boulevard Group, October 2025)

500m

Quarry

300m

Lot 1

Lot 2

Limited Service Residential Uses

Page 32 of 377

• Residential lot creation permitted in the Rural Designation • Non-waterfront residential lots are not allowed on private lanes where the lane services primarily waterfront residential development • This does not apply to Winding Creek Lane and Burega Lane because the lanes are used by non-waterfront lots and waterfront lots and for agricultural field access • Severed and retained parcels would meet or exceed the minimum lot area and lot frontage requirements of the RLS zone

Recommendation • Approval • Minor variance for severed parcels to be at least 300 metres from quarry • Consents subject to conditions

Page 33 of 377

• Prepare reference plan (survey) • Confirm lot areas and frontages • Create and maintain rights-of-way • Confirm sufficient overlap of frontage and right-of-way on Lot 2 • Provide cash-in-lieu of parkland • Demonstrate adequate potable water • Enter into development agreement • Obtain minor variance for distance to quarry • Register lots and rights-of-way in a specific order

Questions & Comments

  1. Applicant/Agent
  2. Members of the Public
  3. Committee Member questions

Page 34 of 377

Committee Deliberation and Vote

  1. PL-BDJ-2025-0106
  2. PL-BDJ-2025-0107
  3. PL-BDJ-2025-0108
  4. PL-BDJ-2025-0109
  5. PL-ZNA-2025-0110

Page 35 of 377

New Minor Variance and Permission Applications

Page 36 of 377

Application PL-ZNA-2025-0011 Permission

Property Owner: Chris Jorgensen Agent: Peter Jorgensen Property: 4571 Stair Step Lane

Page 37 of 377

Background • Original Proposal Submitted February 2025 • Planning Staff Concerns w/ Original Proposal • Acquisition and Merge of Abutting Lot • Revised Proposal Submitted October 2025

Page 38 of 377

Property Description • Now 1450sqm in area • Two existing cottages: • 54sqm & 38.5sqm • 14m HWM & 4m TOB setback • Connected by 58sqm central deck • Steep downward slope towards shoreline • Designated Rural • Zoned RLSW

Page 39 of 377

Proposal • Replace existing with two-storey cottage in similar footprint • 156.2sqm building footprint (two spaces separated by central patio) • 156.2sqm second floor • 10m building height • Maintain existing setbacks from highwater mark and top of bank

Existing

Page 40 of 377

Proposed

Page 41 of 377

Front view

Rear view

Page 42 of 377

Shoreline Slope

Central deck

Department, Agency and Public Comments • Building Services – No immediate concerns from sewage perspective

• Holding tank would only be permit if Class 4 system was not feasible

• CRCA - No objection

• Shoreline slope is considered stable – no further encroachment • CRCA development permit required

• Parks Canada – No objection • Public Comments - None received Page 43 of 377

Discussion • The criteria for considering an application under section 45(2) are: • Whether the application is desirable for the appropriate development of the subject property; and • Whether the application will result in undue adverse impacts on the surrounding properties and neighborhood.

• Proposal wouldn’t result in further encroachment towards the water. Proposed dwelling would be setback 14.2m from the highwater mark. • Increase in gross floor area from 92.5sqm to 260sqm. Slight increase in building footprint from 150.5sqm to 156.2sqm (0.4% lot coverage increase). Proposed building would be up to 10m tall to accommodate second floor. • The proposal is desirable for the appropriate development of the property and is not anticipated to cause undue adverse impacts on surrounding properties or the neighbourhood. Page 44 of 377

Recommendation • Approval • Subject to conditions

• The application is approved in accordance with submitted drawings • Development Agreement to address erosion control, roof runoff and maintenance of a shoreline buffer

Page 45 of 377

Questions & Comments

  1. Applicant/Agent
  2. Members of the Public
  3. Committee Member questions

Page 46 of 377

PL-ZNA-2025-0011 Committee Deliberation and Vote

Page 47 of 377

Application PL-ZNA-2025-0096 Minor Variance

Applicant: Christine Pellerin & Louise Bercier Property: 340 Devil Lake Road

Page 48 of 377

Background • Minor Variance for existing dwelling approved in 2022 (PL-ZNA-20220129) • Attached deck discovered during construction by building staff • Minor Variance for deck required before building permit can be issued • CRCA Staff flagged the highwater mark during site visit in 2022

Page 49 of 377

Property Description

Page 50 of 377

• 2 Acres in area • Existing dwelling & 2 storage sheds • Dwelling located on heist point of elevation • Dug drainage channel (NW) connects to natural watercourse (S) • Low-lying area around natural watercourse is wetland • Designated Rural • Zoned Rural

Proposal • 17sqm (182sqft) attached deck • 23m setback from the highwater mark of a watercourse/wetland • Minimum 30m setback required

Page 51 of 377

Plot Plan

Existing dwelling and attached deck

Deck relative to watercourse/wetland (CRCA HWM stake shown in red)

Page 52 of 377

Agency & Public Comments • CRCA – no objection

• CRCA permit issued for deck in 2023 (expired Feb. 21, 2025). Owner will need to confirm if new permit is necessary before a building permit can be issued.

• Public Comments - none received

Page 53 of 377

Discussion Variance meets four tests of a minor variance

  1. Maintains the general intent and purpose of the Township of South Frontenac Official Plan
  2. Maintains the general intent and purpose of Zoning By-law No. 2003-75
  3. Is desirable for the appropriate development of the lands in question
  4. Is minor Page 54 of 377

Recommendation • Approval

Page 55 of 377

Questions & Comments

  1. Applicant/Agent
  2. Members of the Public
  3. Committee Member questions

Page 56 of 377

PL-ZNA-2025-0096 Committee Deliberation and Vote

Page 57 of 377

Delegated Consent Authority Report PL-BDJ-2025-0089 – Bedford District • Granted October 14, 2025 • Unaddressed lands on Hickey Lane (ARN: 102902004022401) • Creation of one residential lot addition to 50A Devine Lane • Severed Area: • 0.6 acres

• Benefitting Lot:

• Will increase in area to 1.1 acres

Page 58 of 377

• Retained Lot:

• 9.7 acres in remaining area

Adjournment

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Minutes of Committee Of Adjustment October, 9, 2025

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # 2025-09 Time: 7:00 PM Location: Council Chamber/Virtual Via Zoom Present: Norm Roberts, Ray Leonard, Steve Pegrum, Scott Trueman, Alan Revill, Brett Moreland, Mike Howe Absent: Patrick Diotte Staff: Christine Woods, Manager of Planning; Noah Perron, Planner; Colin Herrewynen, Planner; Kate Kaestner, Planning Clerk & Secretary-Treasurer 1

Call to Order

2

Adoption of Agenda

a)

Resolution. Resolution No. 2025-09-02 Moved by: Mike Howe Seconded by: Scott Trueman THAT the Committee hereby adopts the agenda for the October 9, 2025 Committee of Adjustment meeting.

Carried

3

Electronic Meeting Information

a)

The meeting was live-streamed on the Township’s Facebook page.

b)

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

4

Declaration of pecuniary interest

a)

None declared.

5

Approval of Minutes – September 11, 2025

a)

Resolution. Resolution No. 2025-09-03 Moved by: Scott Trueman Seconded by: Alan Revill THAT the Committee hereby approves the minutes of the September 11, 2025 Committee of Adjustment meeting. Carried

6

Consent Applications from a Previous Meetings: (if applicable)

Page 60 of 377

Minutes of Committee Of Adjustment October, 9, 2025 7

New Consent Applications:

a)

PL-BDJ-2025-0080 (Walker) - Loughborough District Property Address: 1856 Rutledge Road Purpose & Effect of the Application: The consent application seeks to create one new rural residential lot. The proposed severed parcel would be approximately 26 acres in area with 58 metres of frontage on Rutledge Road. The retained parcel would be approximately 26.9 acres in area with 67 metres of frontage on Rutledge Road and would contain the existing dwelling. Noah Perron, Planner, delivered his report to the Committee for consent application PL-BDJ-2025-0080 & associated minor variance application PLZNA-2025-0081, with a staff recommendation that both applications be approved, subject to the conditions outlined in the Staff Report. Steve Pegrum, Chair of the Committee, inquired as to whether the applicant or their agent wished to address the Committee. Stefan Walker, applicant and property owner, had questions regarding the well drilling condition on the property, given severed parcels large size and that he has no immediate plans to develop it. Mr. Perron responded that the Township’s Official Plan requires demonstration of potable water for all severed (non-waterfront) properties. Though the proposed severed lot is larger in size, the Township has a history of requiring wells to be drilled on larger lot severances and for consistency staff felt it is important to uphold the condition. Mr. Pegrum inquired (3 times) as to whether there were any comments or questions from members of the public with respect to this application. None heard. Mr. Pegrum inquired as to whether there were any questions from Committee members regarding the proposal. Committee Member Ray Leonard asked about the requirement for an entrance permit on the severed lands. Mr. Perron responded that typically entrance permit requirements have been captured by a Development Agreement. Due to the frontage on the proposed severed parcel and some unanswered questions with respect to the possibility of access, staff recommended that an entrance permit be a condition that must be satisfied prior to the lot being created. Christine Woods, Manager of Planning, added that Public Services does review all consent applications to make sure that there are adequate sightlines for an entrance. Committee member Alan Revill stated that he believed the Committee had made exceptions in the past with respect to the well-drilling requirements for large properties. He inquired as to whether there might be an alternative way to satisfy the water supply condition. Mr. Perron responded that there was one instance in the past few years where staff supported waiving the condition for a well to be drilled on a large severed

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Minutes of Committee Of Adjustment October, 9, 2025 parcel, on the condition that the parcel had a holding symbol added to the zone on the parcel that would prohibit development until a well was drilled. There was discussion as to whether that option may be more suitable for the applicant. Ms. Woods explained the process, timelines and costs associated with the holding symbol. The applicant opted to proceed with the well-drilling requirement. Kate Kaestner, Planning Clerk and Secretary-Treasurer of the Committee read the resolution for approval of application PL-BDJ-2025-0080, subject to conditions. There was no further discussion from Committee members regarding the resolution. Resolution No. 2025-09-04 Moved by: Brett Moreland Seconded by: Ray Leonard THAT the Committee of Adjustment hereby approves consent application PLBDJ-2025-0080, for property municipally addressed as 1856 Rutledge Road, allowing the creation of one new rural residential lot, being approximately 26 acres in area and having approximately 58 metres frontage on Rutledge Road, subject to conditions. Carried 8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) 9

New Minor Variance / Permission Applications:

a)

PL-ZNA-2025-0081 (Walker) - Loughborough District Property Address: 1856 Rutledge Road Purpose & Effect of the Application: A minor variance is requested to allow reduced frontages for both the severed and retained lands of associated consent application PL-BDJ-2025-0080. The proposed frontages are approximately 58 metres for the severed lands and approximately 67 metres for the retained lands, whereas the current Zoning By-Law requires 76 metres. ** See agenda item 7. a) for Minutes Text. Ms. Kaestner read the resolution for approval of minor variance application PLZNA-2025-0081. There was no further discussion from Committee members regarding the resolution. Resolution No. 2025-09-05 Moved by: Brett Moreland Seconded by: Ray Leonard THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2025-0081, for property municipally addressed as 1856 Rutledge Road, allowing the severed lot of associated consent application PL-BDJ-2025-0080 to

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Minutes of Committee Of Adjustment October, 9, 2025 have a minimum of 58.5 metres frontage along Rutledge Road and to allow the retained lands to have a minimum of 67.4 metres frontage along Rutledge Road. Carried b)

PL-ZNA-2025-0091 (Ryan) - Storrington District Property Address: 1075 Kona Crescent Purpose & Effect of the Application: The minor variance application seeks to permit the construction of 24 foot by 26 foot (624 square foot) detached garage on the subject property. The proposed structure requires zoning relief to permit a 6.4 metre interior side yard setback, whereas the R-31 zone requires a minimum setback of 10 metres. Mr. Perron delivered his report to the Committee with a staff recommendation that the application be approved, subject to the conditions outlined in the staff report. Mr. Pegrum inquired as to whether the applicant or agent wished to address the Committee. Aimee and Kyle Ryan, property owners and applicants, stated that they were happy to answer any questions but had nothing to add to the presentation. Mr. Pegrum inquired (3 times) as to whether there were any questions or comments from members of the public. None heard. There were no questions from Committee members regarding the proposal. Ms. Kaestner read the resolution for approval of the application, subject to conditions. Mr. Pegrum gave Committee members the opportunity to discuss the resolution. None heard. Resolution No. 2025-09-06 Moved by: Ray Leonard Seconded by: Brett Moreland THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2025-0091, for property municipally addressed as 1075 Kona Crescent, allowing a 624 square foot detached garage to establish a 6.4 metre interior side yard setback, subject to conditions. Carried

c)

PL-ZNA-2025-0092 (Irrcher) (Boulevard Group) - Storrington District Property Address: 4508 Red Maple Lane Purpose & Effect of the Application: The property has a house that is less than 30 metres from Loughborough Lake. The owners have applied to increase the footprint and the gross floor area of the house. The owners propose to construct a new house with an attached garage and a new sewage system. They would demolish the existing house, detached garage and sewage system. The new building would be setback 23.7 metres from the highwater mark of the lake and 6 metres from the top of bank.

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Minutes of Committee Of Adjustment October, 9, 2025 The new building would have a 263.4 square metre (2,835 square foot) footprint area, which is larger than the 160.7 square metre (1,729.7 square foot) footprint area of the old house. The new building would have a 476.5 square metre (5,129 square feet) total floor area, which is smaller than the 517.5 square metre (5,570.3 square foot) combined total floor area of the old house and detached garage. The new building would be approximately 0.4 metres shorter than the old house. Christine Woods, Manager of Planning, spoke to the application being an application under s. 45(2) of the Planning Act as opposed to a minor variance. Ms. Woods advised Mr. Pegrum that the Agent for the application would be presenting the application. Jason Sands, The Boulevard Group, provided a detailed presentation of the proposal. This included information on a 2022 minor variance approval for the property that was never implemented, a detailed overview of the current proposal, as well as acknowledgement and response to concerns raised by neighbouring property owners prior to the meeting. Ms. Woods stated that she had nothing to add to Mr. Sands’ presentation. Chair Pegrum gave the property owner, who was present in the meeting, an opportunity to address the Committee, which was declined. Mr. Pegrum inquired as to whether there were any questions or comments from members of the public regarding the application. Brian O’Dette, (4502 Red Maple Lane), spoke to the Committee regarding his concerns with the proposed development, which were also detailed in a written letter that was included in the meeting agenda package. Mr. O’Dette expressed concerns with the scale of development, site grading changes and the proposed retaining wall that was to be constructed on the eastern side of the subject property. Jason Sands and Isabella Irrcher (property owner) responded to the concerns raised by Mr. O’Dette. Ms. Irrcher spoke specifically to the retaining wall being proposed to be 1 foot inside the property line so that it would not encroach onto Mr. O’Dette’s property. Ms. Irrcher also discussed the existing cedar trees along the eastern side of the property, and expressed her desire to keep the cedar trees and to plant more trees to buffer the retaining wall. also spoke to the time and effort that has been invested in the proposal and ensuring that it is developed in the most thoughtful way possible. Mr. O’Dette questioned how the retaining wall could be located only 6 inches to 1 foot inside the property line while still maintaining the cedar trees on the property. Mr. Pegrum inquired as to whether there were any further questions from members of the public. None heard. Committee member Alan Revill spoke to the retaining wall being a designated structure under the Ontario Building Code, but that he wasn’t sure whether it was required to meet setbacks under zoning. He spoke to the required depth of the foundation for the wall making it very difficult for tree roots and vegetation to be maintained. He stated that the retaining wall was an area where he believed more consideration needed to be given. Ms. Woods responded that under the general provisions of the Township’s Zoning By-Law, the setbacks do not apply to the retaining wall, so long as it is constructed on the subject property. The recommended condition of having a

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Minutes of Committee Of Adjustment October, 9, 2025 surveyor pin the location of the wall footings would ensure that the wall is wholly contained on the property. Committee member Scott Trueman wished to confirm that there were no required setbacks applicable to retaining walls. Ms. Woods confirmed this to be the case. Ms. Woods then provided an overview of her planning analysis of the proposal, which included a staff recommendation that the application be approved, subject to the conditions outlined in her staff report. Mr. Revill inquired as to whether there was an opportunity to move the retaining wall further inside the property line. Ms. Irrcher stated that she would certainly consider this, however, it’s very important to her to be able to commence construction before the winter. She reiterated her desire to reduce adverse impacts to the neighbouring property and asked that the Committee approve the application as was recommended by Township staff, with the understanding that there may still be some design work for the retaining wall that could be changed in order to keep the vegetation. Ms. Kaestner read the resolution for approval of the application, subject to conditions. Mr. Revill inquired as to the possibility to amend the motion to further define where that retaining wall could be placed. Mr. Pegrum stated that if there is no minimum setback or zoning requirement for the location of a retaining wall, then he doesn’t believe anything could be amended to speak to the requirement for the location of the wall. He stated that he does not believe it is within the Committee’s power to impose a setback on the retaining wall. Resolution No. 2025-09-07 Moved by: Scott Trueman Seconded by: Mike Howe THAT the Committee of Adjustment hereby approves application PL-ZNA-20250092, for property municipally addressed as 4508 Red Maple Lane, granting permission to enlarge the existing legal non-conforming within 30 metres of the highwater mark of Loughborough Lake, subject to conditions. Carried d)

PL-ZNA-2025-0094 (Boyce) - Storrington District Property Address: 4378 Milburn Road Purpose & Effect of the Application: The proposal seeks relief from Zoning By-law 2003-75, as amended, section 5.24.1 to permit the lot coverage of all accessory buildings to exceed the lot coverage of the principal structure (dwelling). On the property, there currently is a dwelling and two accessory structures. The applicant proposes to construct a new detached garage/storage building with a footprint of 297 square metres. The proposed structure would increase the lot coverage of all accessory structures to approx. 2.5%, whereas the existing dwelling has a lot coverage of approximately 1.4%.

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Minutes of Committee Of Adjustment October, 9, 2025 Colin Herrewynen, Planner, delivered his presentation to the Committee with a staff recommendation that the application be approved, subject to the conditions outlined in the staff report. Mr. Pegrum inquired as to whether the applicant wished to address the Committee. Timothy Boyce, applicant, stated that his goal with the proposed garage was to be able to clean up his property and make it more desirable to look at. Mr. Pegrum inquired (3 times) as to whether there were any questions or comments from members of the public regarding the application. None heard. There were no questions from Committee members regarding the proposal. Ms. Kaestner read the resolution for approval of the application, subject to conditions. Committee members did not have any discussion regarding the motion. Resolution No. 2025-09-08 Moved by: Mike Howe Seconded by: Scott Trueman THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2025-0094, for property municipally addressed as 4378 Milburn Road, allowing a 297 square metre detached garage to establish a 2.5% total lot coverage for all accessory structures, subject to conditions. Carried 10

Other Business

a)

Delegated Authority Consent Report Kate Kaestner, Planning Clerk, presented her report to the Committee. Committee member Revill had a question regarding why applications that required zoning amendment were not coming to Committee first, with the rezoning as a condition. This question related to consent applications PL-BDJ2025-0086 and PL-BDJ-2025-0087 in the delegated authority consent report. Ms. Woods replied that with the proposals on Willy’s Lane, the situation was not in conformance with the zoning by-law, and there needed to be a decision made by council as to whether the proposal was considered appropriate. The zoning amendment was approved by council and as a result the consent applications were eligible for approval under delegated authority. Committee member Scott Trueman posed discussion questions regarding the Committee member’s ability to inquire about septic systems on properties, as well as the potential risk involved in creating new lots without confirming adequate potable water. Ms. Woods provided response.

11

Adjournment

a)

Resolution. Resolution No. 2025-09-09 Moved by: Ray Leonard Seconded by: Brett Moreland

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Minutes of Committee Of Adjustment October, 9, 2025 THAT the October 9, 2025 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at 8:58 PM, to reconvene on Thursday, November 13, 2025 at 7:00PM or at the call of the Chair. Carried

Steve Pegrum, Chair

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September 17, 2025

File: SEV/FRS/203/2025

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

Consent Applications PL-BDJ-2025-0088 (Lot Addition) 2008 Ormsbee Rd & Unaddressed Township of South Frontenac (Storrington) ARN: 102906006004900 Waterbody: Un-named Watercourse / Unevaluated Wetlands

Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for consent and offer the following comments for the Township’s consideration, based on our role as a commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Summary of the Proposal The applicant is proposing to sever a 1.54 ha (3.82 ac) parcel of land from the unaddressed parcel and add it to 2008 Ormsbee Road. The purpose of the lot addition is to increase the lot area of 2008 Ormsbee Road to 2 ha (5.02 ac) to accommodate a further range of rural land uses. The retained parcel will have an area of 37.88 ha (93.62 ac) and the existing frontages on Milburn Road, Ormsbee Road and Wellington Street will remain unchanged. Site Description The subject lands are located on the north side of Ormsbee Road, east of Milburn Road. The lands contain an un-named watercourse and pockets of unevaluated wetlands and are part of the Loughborough Lake subwatershed. There is an existing dwelling and associated well and septic on the benefitting lot at 2008 Ormsbee Road and agricultural uses on the unaddressed parcel as well as naturalized areas. Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with the un-named watercourse and unevaluated wetlands on the property.

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Page 2 of 3 Natural Hazards / Ontario Regulation 41/24 Surface Water Features There is an unnamed watercourse running through the subject lands. There are also unevaluated wetland features on the subject lands. A suitable buffer area is necessary between any new development and the watercourse, as a buffer acts to protect the functions of these features and to avoid damaging flooding of property and erosion normally associated with these features. CRCA does not have floodplain mapping for these watercourses. Consequentially, our regulatory policies under O.Reg. 41/24 require any new development to be set back at least 30 metres from the top of bank of the watercourse. The 30 metre setback is consistent with the 30 metre setback as required by Section 5.8.2(a) of the Township’s Zoning By-law. Based on elevation mapping and the sketch submitted with the application, the severed lot and existing development on the benefitting lot is located outside of the required 30 m setback. There is sufficient area on the retained lands for future development to occur outside of the applicable 30 m setback from the watercourse. Wetlands As noted, there are areas of wetland on the subject lands. CRCA’s Guidelines for Implementing Ontario Regulation 41/24 typically require new development and site alteration to be set back a minimum of 30 metres from wetlands, to protect the hydrologic function of wetland. Based on the site plan submitted with the application, the existing development on the retained lands and benefitting lot is located outside of the 30 metre setback from wetlands. Additionally, the proposed severed lot is outside of the areas of wetlands. Overall, there is sufficient area to accommodate future development outside the applicable 30 metre setback from the wetlands on the severed and retained lands. Staff have no concerns from a natural hazards and regulatory perspective. We recommend that native vegetation (trees, shrubs, native plants) within 30 metres of watercourse and wetlands on the lots be kept in place, to help stabilize soils and protect the hydrologic function of the wetland in the long-term. Recommendation Staff have no objection to the approval of applications PL-BDJ-2025-0088. We also recommend the above-noted environmental measures (in bold). Ontario Regulation 41/24 Please note that portions of the subject lands are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06), which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. Also, to ensure the protection of wetlands. Current and future landowners are advised to contact CRCA before

Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 CataraquiConservation.ca

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Page 3 of 3 considering any work within 30 metres of the watercourses and wetlands on the retained lands. Please inform this office of any decision made by the Committee with regard to these applications. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at estucke@crca.ca Sincerely,

Emma Stucke, RPP, MCIP Resource Planner

Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 CataraquiConservation.ca

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From: To: Subject: Date:

Planning Services – South Frontenac PLBDJ20250088 September 22, 2025 3:09:53 PM

This email is a response to the proposed severance notice I received as a property owner affected by the severance. I understand that this is an application to severance the indicated woodland to meet the required acreage to allow a new commercial garage to expand the existing home industry that is currently located at 2008 Ormsbee Rd. I have multiple concerns regarding this proposed . While I understand that any new buildings would need to pass the townships code and that is a separate issue there are still related concerns to the severance. With the potential for a new larger small engine repair shop comes the following potential issues and impacts on my property and the neighborhood in general. There are no current commercial businesses in the immediate area and the anticipated increase in noise, the exhaust of motors and vehicles being serviced and traffic is concerning. There is also the concern of these issues occurring 7 days a week due to the nature of the vehicles being serviced. The location of the driveway to 2008 is at the top of a blind hill that requires the vehicles to back into the property due to what I can only assume is inadequate space for the vehicles and trailers that are looking to use the existing business. The anticipated increase of vehicles accessing the site will create traffic safety entering and exiting the property. With the addition of a large garage for the service of boats, RVs , lawnmower and other small engines it creates multiple environmental concerns for the immediate neighbors, first and foremost is the creation of hazardous storage and leaking of contaminated water, gasoline, used engine oils, lubricants etc that currently does not exist but is created by the bringing of these vehicles to the property. The storage of the vehicles waiting for services and post service pick up, these vehicles arrive predominantly via trailers and require a large area to maneuver in and out of the property that will require a cleared area large enough to accommodate them. The storage of the vehicles also creates a ground contamination issue from leaking motors or vehicles onto the ground. That creates a potential for contamination of my well which is located below the level of the property currently and this also creates an issue of water from rain and snow off the roof of the new building and cleared parking area to my property/ well due to the geography of the land. Contamination of wells is not limited to just my property as the 4 surrounding wells are all of similar depth to the water table and it is reasonable to be concerned that all 4 wells are at risk from contamination from

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hydrocarbon by products that a larger business will create. I am also concerned that the particular piece of land that is being proposed is predominately wooded hillside that is not easily developed for building so I believe that it is an attempt to circumvent the minimum acreage requirements as a technicality and doesn’t meet the spirit of the bylaw to minimize the affect on neighbors by ensuring a reasonable amount of space between buildings on land from each other in order to not diminish the quality of life of adjoining property owners.   While I understand that the township would like to encourage industry in our community and supports home industry as a positive for the community, I don’t believe this particular project is in the best interest of the adjoining property owners of the proposed area. Patricia Devereaux 2020 Ormsbee Rd Battersea You can reach me at the email included in this message as well. ,

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From: To: Subject: Date:

Planning Services – South Frontenac 102906006004900 Swverance if property Ormebee Rd Battersea September 24, 2025 7:35:02 PM

Hello. I am writing to express my objection to the severance of property from Jeff and Paul Sleeth to Jarod Barbier on Ormsbee Rd. Battersea. My family lives beside Jarod and we are most concerned about the impact this severance would have on us and other neighbours. It has been expressed to the sellers ( and coneyed to me via Jeff Sleeth) that there is a plan to build a bigger engine repair business garage and also use of property for boat storage. This directly impacts my family and property. Jarod already runs an engine repair business from the garage in his home. It creates a lot of noise and air pollution and traffic in his driveway which is right beside our front door. We hear engines revving at different times of day and night. We are quite worried about the environmental impact this is having or will have on our water table and air we breathe with gasoline and oil seepage into the groundwater and fumes. It is a residential property , not zoned for a business. The land being severed is zoned agricultural which was a big part of our decision to build our house here 25 years ago….for quiet, nature , clean water and air. This has not been the case with the engine repairs going on already. If a larger business garage is going to be built it will create a driveway that runs the whole side of our property thus creating traffic along the entirety of our property creating more noise, land and air pollution and ruining our enjoyment and health of our property. We want to know the specifics of the legality of this business already being run and proper environmental procedures of containing and disposing of the batteries, parts, oil and gas etc. We are also concerned about the fumes and exhaust we are inhaling from all the exhaust. It will create more traffic on our road and beside our yard/ home. My husband does shift work and this business does already run and will run directly beside the bedrooms in our home. We are opposed to this severance happening. We can’t even open our windows for the noise and fumes happening. We would like to keep updated and informed on this issue. Leanne Sharpe 2002 Ormsbee Rd Battersea ON K0H1H0 Yahoo Mail: Search, Organize, Conquer

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To:

Committee of Adjustment

From:

Development Services Department

Report Date:

November 13, 2025

Subject:

Consent Application PL-BDJ-2025-0088, Sleeth, Ormsbee Road, Part Lot 13 Concession 9, Storrington District

Summary This application is for a lot addition to a residential property. This report recommends approval of the application. The Committee of Adjustment is being asked to decide 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 benefitting lands. Background The subject property is approximately 97.4 acres in area and is located on the north side of Ormsbee Road, east of Millburn Road. The property predominantly consists of agricultural fields. There is a barn and other outbuildings on the property near Wellington Street. Patches of woodland are scattered across the property. An unnamed watercourse and pockets of unevaluated wetland exist within approximately the middle of the subject property. The purpose of this application is to convey a lot addition from the subject property (roll number 102906006004900) to 2008 Ormsbee Road (the benefitting lands). The benefitting lands are approximately 1.2 acres in area with 46 metres of frontage. The property contains a dwelling with attached garage. The owner a marine and engine repair business on the property. The seasonal storage of boats is an ancillary part of the business. If the consent application is approved, 3.82 acres of forested land would be added to the rear of 2008 Ormsbee Road. This would increase the lot area to approximately 5.02 acres. The lot frontage would not change. The retained parcel would have an area of approximately 93.6 acres with approximately 200 metres of frontage on Ormsbee Road, 760 metres on Millburn Road and 250 metres on Wellington Street. The retained parcel would continue to be used for agricultural. The owner of 2008 Ormsbee Road operates a marine and engine repair business as a home industry. They are working towards bringing the business into compliance with the home industry provisions of Zoning By-law No. 2003-75, as amended. One of the requirements for a home industry is that the lot be at least 4.9 acres in size. The proposed lot addition would make the property large enough to allow a home industry. The owner has expressed their intent to build a detached garage for the business. The garage would need to comply with the home industry provisions. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2025-0088

Designation and Zoning The Township Official Plan designates the subject property Rural, except for a strip of land along Milburn Road that is designated Settlement Area. 2008 Ormsbee Road is designated Rural. The subject property and the benefitting lands are zoned Rural (RU) in Zoning By-law 200375, as amended. 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. 3.3);  Conforms to the Township of South Frontenac Official Plan (s. 5.7.4 & 7.1);  Complies with Zoning By-law No. 2003-75 (or will comply subject to a standard condition of rezoning or minor variance); and X Has unresolved objections/concerns raised from the public. Agency Comments Cataraqui Conservation staff indicated on September 17, 2025, that they have no objection to the approval of the application. They noted that the watercourse and wetland on the retained parcel are regulated features under Ontario Regulation 41/24. They advised that current and future landowners must contact Cataraqui Conservation before considering any work within 30 metres of the watercourse and wetland. Public Comments The application was circulated to the public for comment on September 8, 2025. During the 14-day comment period, Planning Staff received two letters of objection from neighbouring property owners. The neighbours had concerns with the current and future operation of a marine and engine repair business on the benefitting lands. The concerns related to air pollution, increased traffic, impacts to traffic safety and possible environmental contamination (including to groundwater). The neighbours suggested that satisfying the minimum lot area requirement for a home industry on the benefitting lands does not meet the overall intent of the home industry provisions to minimize impacts on neighbouring properties. Planning staff clarified that a home industry would be a permitted use if all the applicable zoning provisions, including those specific to a home industry were met. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2025-0088

The owner of the benefitting lands submitted a letter of response to the Township. They provide additional context about the proposal and speak to some of the neighbours’ concerns. They also provided several letters of support about the lot addition proposal. Planning Analysis The Provincial Planning Statement 2024 allows for residential development where site conditions are suitable for the provision of appropriate sewage and water services. The County of Frontenac Official Plan (Section 3.3) permits low-density residential development on rural lands, provided that they are appropriately located. Further, residential development in the Rural designation should reflect the rural and open space character of the County, avoid unnecessary public expenses, and be serviced by private wells and sewage systems. Planning staff review lot additions from the perspective of convenience and technical reasons. The subject property is a large agricultural parcel of 94.7 acres. The property’s agricultural use would not be impacted by severing 3.8 acres of woodland from its interior corner. The Rural zone requires a minimum 2 acre lot area and a minimum 76 metres lot frontage. The benefitting lands do not presently comply with these requirements because the lot was created in the 1990s under different standards. There are no opportunities to increase lot frontage. However, the proposed lot addition would increase the lot area from 1.2 acres to 5 acres. The enlarged benefitting lands and the retained lands would be consistent with the Provincial Planning Statement 2024, conform to the land division policies (Section 7.1) of the Township of South Frontenac Official Plan, and comply with Zoning By-Law No. 2003-75, as amended. Notice/Consultation Notice of the Application was given pursuant to the requirements of the Planning Act, at least 14 days before the applications were reviewed. Notice of the Public Meeting was also given pursuant to the requirements of the Planning Act, at least 14 days before the meeting. 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 website by e-mail to prescribed persons and public bodies

Recommendation Staff recommend that the Committee of Adjustment receive comments from the public and, pending any comments received, approve application PL-BDJ-2025-0088 for consent for a lot addition from property with roll number 102906006004900 and legally described as Part Lot 13, Concession 9, Storrington District, Township of South Frontenac, subject to the following conditions: Expiry Period www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2025-0088

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  2. The lands to be severed shall be for a lot addition with an area of approximately 3.82 acres to be conveyed only to the adjacent lands municipally known as 2008 Ormsbee Road (Roll no. 102906006005105, PIN 362880131) and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction.
  3. The lawyer for the applicant shall submit a Solicitors Personal Undertaking to provide a registered Application Consolidation Parcels within six (6) months of the date of Certificate of Official issuance. Survey/Reference Plan or Registerable Description
  4. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  5. The surveyor or applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. 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 $100.00 as cash-in-lieu of parkland for the lot addition per By-law 2023-104 [Planning Act, s. 51(1)]. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2025-0088

  1. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. Zoning
  2. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning

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

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PLANNING JUSTIFICATION & LAND USE COMPATIBILITY REPORT Unaddressed Burega Lane & Winding Creek Lane, Township of South Frontenac Applications for Consent & Minor Variance October 2025

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Introduction This Planning Justification and Land Use Compatibility Report is provided in support of applications for Consent and Minor Variance for an unaddressed property (PIN 36278-1009) fronting Burega Lane and Winding Creek Lane in the Township of South Frontenac, within the County of Frontenac (“the subject property”). The subject property is undeveloped. The subject property is designated ‘Rural’ within the County of Frontenac Official Plan (OP), designated ‘Rural’ on Schedule ‘A’ - Land Use Plan of the Township of South Frontenac OP, and zoned Limited Service Residential ‘RLS’ within Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended. The purpose of the Consent applications is to sever two (2) parcels from the subject property. Each of the proposed severed parcels is anticipated to be developed with a single detached dwelling and individual on-site water and sewage services. No development is proposed for the proposed retained parcel through these applications. The proposed severed parcels are located between 300 and 500 metres east of the property known municipally as 3615 Sydenham Road which accommodates a quarry operating under Aggregate License and Permit System (ALPS) ID 2473 (“the quarry”). Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, permits residential land uses on lands between 300 metres and 500 metres of an existing or proposed quarry provided a minor variance or rezoning is approved by the Township. The purpose of the Minor Variance application is to seek relief from this provision to permit residential land use to be established 306 metres away from an existing quarry. In support of the Consent and Minor Variance applications, a Land Use Compatibility Assessment has been completed as part of this report. Through pre-application correspondence, Township staff identified submission requirements. Accordingly, the following have been prepared and submitted: • • •

Consent and Minor Variance application forms and fees; Planning Justification / Land Use Compatibility Report; Plot Plan.

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Site Overview Location The subject property is located within the Rural Area of the Township of South Frontenac, approximately 1.83 kilometres south of the settlement area of Railton. The subject property is approximately 72,600 square metres in area and maintains approximately 535.3 metres of frontage on Burega Lane along with approximately 336.5 metres of frontage on Winding Creek Lane. Burega Lane and Winding Creek Lane are both private roads. Winding Creek Lane is owned by the owner of the subject property. The subject property is undeveloped and largely cleared, with vegetation concentrated in the northwest corner of the property (Proposed Severed Parcel 1). A creek traverses the width of southern area of the subject property (proposed retained parcel).

Figure 1 - Locational Context Map

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Figure 2 - View of the proposed severed parcels (left) facing west on Burega Lane

Figure 3 - View of the proposed retained parcel (left) facing south on Winding Creek Lane

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Surrounding Uses The subject property is located in an area primarily consisting of seasonal and single detached dwellings, with development concentrated south and east of the subject property along the north shore of Loughborough Lake. The proposed severed parcels are located in the northwest corner of the subject property, south of the properties known municipally as 1059, 1071, and 1079 Burega Lane, each of which accommodate dwellings. The proposed severed parcels directly abut the properties known municipally as 1030 Burega Lane and 1077 Winding Creek Lane, which similarly accommodate dwellings. The proposed retained parcel directly abuts the properties known municipally as 1024, 1028, 1038, 1040, and 1046 Poppy Lane, which accommodate a tourist establishment consisting of four (4) cabins.

Figure 4 - Aerial view of the proposed severed (red and blue) and retained parcels (green) and surrounding land uses

Proposed Development The owner is proposing to sever two (2) parcels from the subject property. Proposed Severed Parcel 1 is to be approximately 11,147 square metres in area and maintain approximately 113.8 metres of frontage on Burega Lane and approximately 87.8 metres of frontage on Winding Creek Lane. Vehicular access to Proposed Severed Parcel 1 is proposed to occur from Winding Creek Lane. Proposed Severed Parcel 2 is to be approximately 11,329 square metres in area and maintain approximately 113.8 metres of frontage on Burega Lane. Vehicular access to Proposed Severed Parcel 2 is proposed to occur from Burega Lane. The proposed severed parcels are anticipated to be developed with single detached dwellings and individual on-site water and sewage services (drilled well and Class 4 septic system). The proposed retained parcel is to be approximately 50,124 square metres in area and maintain approximately 307.7 metres of

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frontage on Burega Lane and approximately 248.7 metres of frontage on Winding Creek Lane. No development is proposed for the proposed retained parcel through these applications. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry.

Figure 5 - Plot plan

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Policy & Regulatory Framework Provincial Planning Statement, 2024 The Provincial Planning Statement (PPS), 2024, is a policy statement issued under the authority of Section 3 of the Planning Act and came into effect on October 20, 2024. The PPS provides policy direction on matters of provincial interest related to land use planning and development. In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters shall be consistent with policy statements used under the Act. The following policies of the PPS are directly relevant to the proposed development: Section 2.1.6.: Planning authorities should support the achievement of complete communities by: a) accommodating an appropriate range and mix of land uses, housing options, transportation options with multimodal access, employment, public service facilities and other institutional uses (including schools and associated child care facilities, long term care facilities, places of worship and cemeteries), recreation, parks and open space, and other uses to meet long-term needs; Section 2.2.1.: Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by: b) permitting and facilitating:

  1. all housing options required to meet the social, health, economic and wellbeing requirements of current and future residents, including additional needs housing and needs arising from demographic changes and employment opportunities; and
  2. all types of residential intensification, including the development and redevelopment of underutilized commercial and institutional sites (e.g., shopping malls and plazas) for residential use, development and introduction of new housing options within previously developed areas, and redevelopment, which results in a net increase in residential units in accordance with policy 2.3.1.3; c) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation. o

The proposed development seeks to contribute to the range of single detached dwellings in the Township of South Frontenac. The subject property is currently undeveloped and restricted in principal permitted use to a seasonal or single detached dwelling. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects. The proposed development seeks to efficiently use land, resources, infrastructure and public service facilities.

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Section 2.5.1.: Healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets; d) using rural infrastructure and public service facilities efficiently; g) conserving biodiversity and considering the ecological benefits provided by nature. o

The proposed low-density residential development is consistent with the rural character. Existing vegetation along the frontages of the proposed severed parcels offer opportunity for the proposed development to be visually screened from the public realm, maintaining the aesthetic of the rural landscape. The proposed development seeks to utilize rural infrastructure efficiently given that the proposed severed parcels are located along private roads. The proposed severed parcels are located greater than 30 metres from the creek which traverses the proposed retained parcel, greater than 120 metres from the Provincially Significant Wetland (PSW) located on the property known municipally as 1104 Winding Creek Lane, and greater than 300 metres from Loughborough Lake.

Section 2.6.1.: On rural lands located in municipalities, permitted uses are: c) residential development, including lot creation, where site conditions are suitable for the provision of appropriate sewage and water services; Section 2.6.2.: Development that can be sustained by rural service levels should be promoted. Section 2.6.3.: Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the uneconomical expansion of this infrastructure. o

The proposed severed parcels are sufficiently sized to accommodate individual onsite water and sewage services for the proposed residential development. Additional suitability factors will be evaluated and addressed through the building permit process.

Section 2.6.5.: New land uses, including the creation of lots, and new or expanding livestock facilities, shall comply with the minimum distance separation formulae. o

Through pre-application correspondence, the Township confirmed a review had been completed and there are no livestock facilities in the area. As a result, minimum distance separation (MDS) I calculations were not identified as a submission requirement.

Section 3.5.1.: Major facilities and sensitive land uses shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures.

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Section 3.5.2.: Where avoidance is not possible in accordance with Section 3.5.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other major facilities that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses is only permitted if potential adverse affects to the proposed sensitive land use are minimized and mitigated, and potential impacts to industrial, manufacturing or other major facilities are minimized and mitigated in accordance with provincial guidelines, standards and procedures. o

The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 3.6.4.: Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not available, planned or feasible, individual onsite sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. o

The proposed severed parcels are sufficiently sized to accommodate individual onsite water and sewage services. Additional suitability factors will be evaluated and addressed through the building permit process.

Section 4.1.1.: Natural features and areas shall be protected for the long term. o

The proposed severed parcels are located greater than 30 metres from the creek which traverses the proposed retained parcel, greater than 120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane, and greater than 300 metres from Loughborough Lake.

Section 4.5.2.4.: Mineral aggregate operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. (…) o

The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Based on the review completed above, we are of the opinion that the Consent and Minor Variance applications are consistent with the intent of the PPS.

Minor Variance Application Section 5.34.2. of Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended, permits residential land uses on lands between 300 metres and 500 metres of an existing or proposed quarry provided a minor variance or rezoning is approved by the Township. The purpose of the Minor Variance application is to seek relief from this provision to permit residential land use to be established 306 metres away from an existing quarry.

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In accordance with Section 45.1. of the Planning Act, the Committee of Adjustment may grant a minor variance from the Zoning By-law if it satisfied that the application meets four tests: 1. 2. 3. 4.

Is the General Intent and Purpose of the Official Plan Maintained? Is the General Intent and Purpose of the Zoning By-law Maintained? Is the Variance Minor in Nature? Is the Variance Desirable for the Appropriate Development or Use of the Land, Building or Structure?

Test 1: Is the General Intent and Purpose of the Official Plan Maintained? County of Frontenac Official Plan The County of Frontenac Official Plan was adopted on October 15, 2014 and received approval from the Ministry of Municipal Affairs and Housing on January 11, 2016. The County OP creates the framework for guiding land use changes in the County to 2034 by protecting and managing the natural environment, directing and influencing growth patterns and facilitating the vision of the County as expressed through its residents. The following policies of the County OP are directly relevant to the proposed development: Section 2.1.1.4.: The standard for separating residential uses from existing, new or expanding livestock facilities shall be the Minimum Distance Separation (MDS) formulae, as revised from time to time. The MDS formulae shall also be used when considering the creation of new lots and new development in proximity to livestock facilities. o

Through pre-application correspondence, the Township confirmed a review had been completed and there are no livestock facilities in the area. As a result, minimum distance separation (MDS) I calculations were not identified as a submission requirement.

Section 2.1.2.1.3.: An ‘Influence Area’ shall be used in order to protect existing land uses in the vicinity of a proposed mineral mining operation. This ‘Influence Area’ shall also be applied to protect mineral mining operations from the encroachment of incompatible land uses. Local Official Plans shall establish the extent of an influence area in consultation with the Ministry of Northern Development and Mines (now Ministry of Energy and Mines) and the Ministry of the Environment and Climate Change (now Ministry of the Environment, Conservation and Parks). Development may be permitted in an ‘Influence Area’ as set out in Local Official Plans and only where the impacts of a mining operation can be properly mitigated. Section 2.1.2.2.4.: The Townships shall identify and protect all existing mineral aggregate operations from incompatible uses and activities that would preclude or hinder their expansion or continued use, or which would be incompatible for reasons of public health, public safety, or environmental impact. (…) Section 2.1.2.2.5.: Within or adjacent to known deposits of mineral aggregate resources, development and activities which may preclude or hinder the establishment of new operations or access to the resources may only be permitted if:

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• • •

Resource use would not be feasible; or The proposed land use or development serves a greater long-term public interest; and Issues of public health, public safety and environmental impact are addressed.

The County or the Townships may require the completion of a study by a qualified professional to demonstrate that the proposed use is consistent with the above policies for development proposals. (…) o

The proposed severed parcels are located between 300 metres and 500 metres of the quarry. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, which implements these policies, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 3.3.1.: (…) Low density residential development as well as rural-related commercial, industrial, recreational and institutional development is desirable, provided it is appropriately located. (…) o

The subject property is designated ‘Rural’ in the County OP given that the property is located outside of a settlement area and is not a Natural Heritage Area, Resource Lands, or Waste Disposal Site. The proposed low density residential development in the form of single detached dwellings is permitted in accordance with the permitted uses of the Limited Service Residential ‘RLS’ Zone. Despite this permission, residential use on the proposed severed parcels is ultimately prohibited given their proximity to the quarry (between 300 and 500 metres). The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 3.3.3.2.: Residential development is permitted in the Rural designation in accordance with the following policies: a) Lot creation should take place either through Plan of Subdivision, Plan of Condominium, or Consent; o Applications for Consent have been submitted to facilitate the proposed lot creations. b) Rural residential development shall reflect the intent of preserving the rural, open space character of the County. This will mean that, to the extent possible, the appearance of such development should be unobtrusive and blend in with the rural landscape. o The proposed low-density residential development is consistent with the rural character. Existing vegetation along the frontages of the proposed severed parcels

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offer opportunity for the proposed development to be visually screened from the public realm, maintaining the aesthetic of the rural landscape. c) New residential development should not be located on lands which would involve major public expense in opening up or maintaining access routes, providing drainage, or providing other public services and facilities, unless major public services, access, and/or facilities are provided at the developer’s expense. o The proposed residential development is located along private roads which are to remain private. Section 4.2.1.5.: Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. (…) o

The proposed severed parcels are sufficiently sized to accommodate individual onsite water and sewage services. Additional suitability factors will be evaluated and addressed through the building permit process.

Section 6.1.: It is the intent of this Plan that the County’s significant cultural heritage resources be identified, conserved and whenever practical, enhanced and that new development take place in a manner that respects the County’s rich cultural heritage. The cultural heritage resources of the County generally include: a) Built heritage resources; b) Cultural heritage landscapes; and c) Archaeological resources. (…) o

The subject property is not known to contain, nor is adjacent to, known cultural heritage resources.

Section 7.1.4.1.: (…) o

Development and site alteration shall not be permitted within lands adjacent to provincially significant wetlands or significant coastal wetlands unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on their features or their functions. Adjacent lands shall include lands contiguous to the wetland or areas where it is likely that development or site alteration will have a negative impact on the wetland. The extent of the adjacent lands shall be defined in the Township Official Plans, based on approaches recommended by the Province or based on Township approaches which achieve the same objective. o Section 5.2.5. of the Township OP provides that adjacent lands to PSWs includes lands within 120 metres. The proposed severed parcels are located greater than

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120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane. Section 7.1.4.4.1.: (…) •

New lot creation shall not be allowed within 300 metres of at-capacity lake trout lakes located in Frontenac County. The list of such designated lakes are identified on Appendix “1B” and listed in Appendix “2” and shall be included in Local Official Plans. o The proposed severed parcels are located greater than 300 metres from Loughborough Lake, which is identified on Appendix ‘1B’ of the County OP.

Township of South Frontenac Official Plan The Township of South Frontenac Official Plan was adopted by South Frontenac Township Council on September 5, 2000, approved by the Minister of Municipal Affairs and Housing on April 30, 2002, and finally approved by the Ontario Municipal Board on November 25, 2003. The Township OP was most recently consolidated to Official Plan Amendment 25 on January 23, 2024. The purpose of the Township OP is to provide a vision, goals, objectives and policies to direct the physical development of the Township while having regard for relevant social, economic and environmental matters. The following policies of the Township OP are directly relevant to the proposed development: Section 5.2.5. – Significant Wetlands ‘W’: No new development or site alteration within 120 metres of a provincially significant wetland, nor the expansion or redevelopment of existing development within or adjacent to a provincially significant wetland is permitted unless it has been determined through an Environmental Impact Assessment, completed in accordance with Section 5.2.11 of this plan, that there will be no negative impacts on the natural features or ecological functions of the wetland. o

The proposed severed parcels are located greater than 120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane.

Section 5.2.8. – Lake Trout Lakes: (…) a) Highly Sensitive Lake Trout Lakes: (…) i) 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. o The proposed severed parcels are located greater than 300 metres from the West Basin of Loughborough Lake, which is identified as being a highly sensitive lake trout lake. Section 5.5.2. – Influence Area: The concept of an influence area is recognized as a means of protecting against incompatible land uses in the vicinity of Mineral Aggregate designations and to protect existing pits and quarries from encroachment from other incompatible land uses. In accordance with this concept,

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

The proposed severed parcels are located between 300 metres and 500 metres of the quarry. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, which implements this policy, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 5.7.7. - Limited Service Residential Policies: Limited service residential development is generally located in the Rural area of the Township on a body of water or a natural water course where the primary means of access is from a private road or a navigable waterway. i)

The uses permitted shall be single detached residential dwellings, seasonal residential dwellings, seasonal dwellings converted to permanent dwellings and home occupations. o The proposed development is anticipated to consist of single detached residential dwellings.

ii) a) The frontage, size and shape of any lot created for limited service residential purposes through the severance approval process shall be appropriate for the proposed use and shall conform with the provisions of the zoning by-law. As a rule, the minimum lot size shall be 1 hectare with a minimum of 91 metres of water frontage and 76 metres of frontage on a private road. The municipality may consider reductions to the minimum lot size and frontage requirements provided the overall intent of the Plan is maintained. o The proposed frontages and areas of the proposed severed parcels conform with the provisions for single detached dwellings in the Limited Service Residential ‘RLS’ Zone. The proposed severed parcels are rectangular in shape. b) The creation of up to a maximum of three new limited service residential lots per landholding existing on the day of adoption of this Plan may be permitted by consent, in accordance with the General Consent policies of Section 7 of this Plan. o Through pre-application correspondence, the Township confirmed that the creation of two new limited service residential lots is permitted in accordance with this policy. d) Limited service residential development shall be serviced by private water and sanitary sewage disposal systems. Such systems shall be approved by the appropriate authority.

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o

The proposed development is to be serviced with individual on-site water and sewage services.

e) Limited service residential development shall be designed to preserve as much as possible a site’s physical attributes, such as tree coverage, varying topography, scenic views, etc, for the benefit of future residents. o Both of the proposed severed parcels contain sizeable cleared areas and are quite flat, offering opportunity for minimal tree removal and site alteration. f) o

Limited service residential development shall be developed in accordance with the applicable policies of Section 5.2 of this Plan. As previously discussed, the proposed development is in accordance with the applicable policies of Section 5.2.

h) Where an existing limited service residential lot or a lot created by consent of the Committee of Adjustment for limited service residential purposes subsequent to the date of approval of this Plan fronts upon a private road or unassumed public road, a building permit may be issued for the erection of a building or structure providing the applicant enters into an agreement with the Township which is to be registered on title. This agreement is to indicate:

  1. that the owner recognizes that the lot is located on a private road which is not snowplowed or in any other way maintained by the Township.
  2. that the disposal of garbage, snowplowing and any other road maintenance is the responsibility of the property owner; and
  3. that the Township assumes no liability in the event that emergency vehicles are not able to access the lot because of impassable road conditions. o It is anticipated that this policy will be implemented via a Condition of Approval of the Consent applications.

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Figure 6 - Subject property (black) as shown on Schedule ‘A’ – Land Use Plan of the Township of South Frontenac OP

Section 6.2. – Development Policies: All types of future development shall occur on the basis of the submission and approval of registered plans of subdivision, land severances by consent of the Committee of Adjustment and/or amendments to the implementing zoning by-law. Residential development should primarily occur by registered plan of subdivision. However, development may occur by consent in accordance with the applicable policies of this plan when a plan of subdivision in the opinion of the Municipality clearly is not necessary to ensure orderly development, taking into consideration the social, economic and environmental impacts. o

Applications for Consent have been submitted to facilitate the proposed residential development.

Section 6.10. – Servicing: (…) In areas which are not serviced with municipal water and/or sewage services, lot creation will only be permitted if the proposed development can be supported by the type of servicing being proposed. (…)

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o

The proposed severed parcels are not located in an area with municipal services. The proposed development can be supported with individual on-site water and sewage services.

Section 6.12.: Frontage on Public Roads: No building or structure shall be erected, extended or enlarged on any lot within the Township of South Frontenac unless such lot fronts on a public road except as follows: a) Where a vacant lot fronts upon a private or unassumed public road, a building permit may be issued for the erection of a building or structure providing: i) the lot existed on or before the date of approval of this plan; or the lot is in the form of infilling or an extension to a private road permitted by this Plan and is created by consent of the Committee of Adjustment. o Applications for Consent have been submitted to facilitate the proposed lot creations. ii) the property is zoned to a Limited Service Residential zone; and o The proposed severed parcels are to remain in the Limited Service Residential ‘RLS’ Zone. iii) the applicant at his/her expense enters into an agreement with the Township which is to be registered on title. This agreement is to indicate the following:

  1. that the owner recognizes that the lot is located on a private road which is not snowplowed or in any other way maintained by the Township. o It is anticipated that this policy will be implemented via a Condition of Approval of the Consent applications. Section 6.20. – Influence Areas: (…) Where possible, influence areas will be based on Provincial guidelines. Council, through the review of development applications within influence areas will ensure that land use compatibility issues are addressed. o

The proposed severed parcels are located between 300 metres and 500 metres of the quarry. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 6.22. – Cultural Heritage Resources: (…) All new development permitted by the land use policies and designations of this Plan should have regard for cultural heritage resources and should wherever possible, incorporate these resources into any new development plans. o

The subject property is not known to contain, nor is adjacent to, known cultural heritage resources.

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Section 6.23. – Minimum Distance Separation Formulae: All new farm and non-farm development in the Township shall comply with the Minimum Distance Separation formulae (MDS I and II) as may be amended from time to time. o

Through pre-application correspondence, the Township confirmed a review had been completed and there are no livestock facilities in the area. As a result, minimum distance separation (MDS) I calculations were not identified as a submission requirement.

Section 7.1. – General Consent Policies Applicable to All Land Use Designations: In addition to all other policies of this Plan, the following general consent policies shall apply to all land use designations: a) Consents shall only be granted when it is clearly not necessary in the public interest that a Plan of Subdivision be registered. In this regard, consents will be considered when the creation of new lots, in the opinion of the Municipality, will clearly have no adverse environmental, social or economic impact on the Township or adjacent land uses. o As the proposal seeks to create two new parcels, a Plan of Subdivision is not necessary. c) The size of any parcel of land created by consent shall be appropriate for the uses proposed. No parcel of land created as a result of a consent shall be less than that prescribed in the respective land use designations of this Plan, except for parcels created as lot additions or for technical reasons. o The proposed severed and retained parcels conform with the provisions for single detached dwelling in the Limited Service Residential ‘RLS’ Zone. d) Consents should be granted which generally provide for a satisfactory geometric design of the severed and retained parcels. o The subject property is irregularly shaped. The proposed severed parcels are rectangular. f)

All applications for consent shall be accompanied with a sketch showing to scale the dimensions of the lots (severed and retained) to be created by the proposed consent. In addition, existing buildings and setbacks from the property lines and major topographic and land features such as an escarpment, creek or wetland shall be shown. The sketch shall also identify all buildings, septic systems and wells on the lands subject to the consent application as well as on adjacent lands. (…) o See Figure 5.

g) The creation of no more than two lots in total (i.e. including severed and retained) shall result from any one severance application for a new lot. Consents that are to establish a legal right-ofway for more than 21 years will require an application for consent when it is not part of a proposed new lot.

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o

Two (2) Consent applications have been submitted to facilitate the creation of a total of two (2) new lots.

h) Consents which would result in landlocking a parcel will be denied. All new lots, except limited service residential lots, shall front onto and gain direct access from an existing public road which reflects a reasonable standard of pavement or gravel construction and is maintained year round by the municipality. o The proposed lot creations do not result in the landlocking of a parcel. The proposed severed parcels are to remain in the Limited Service Residential ‘RLS’ Zone. i)

Consents should not be granted for land adjacent to a road from which access is to be obtained where a traffic hazard would be created because of limited sight lines on curves or grades. o Entrancing to the proposed severed parcels is not anticipated to result in a traffic hazard.

k) Any division of land must respect the separation distances for land uses as set out in this Plan and in the Zoning By-law. o The proposed severed parcels are located greater than 30 metres from the creek which traverses the proposed retained parcel, greater than 120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane, and greater than 300 metres from Loughborough Lake. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects. Based on the review completed above, we are of the opinion that the proposed minor variance maintains the general intent and purpose of the County and Township Official Plans.

Test 2: Is the General Intent and Purpose of the Zoning By-law Maintained? Township of South Frontenac Comprehensive Zoning By-law 2003-75 was passed on September 16, 2023 and has since been subject to multiple amendments. The purpose of the Comprehensive Zoning By-law is to implement the Township’s Official Plan. The subject property is entirely zoned Limited Service Residential ‘RLS’ within Comprehensive Zoning By-law 2003-75, as amended. Section 9.2. of Comprehensive Zoning By-law 2003-75, as amended, provides the following permitted uses for the ‘RLS’ Zone: • • •

a seasonal dwelling, a single detached dwelling, accessory buildings or uses,

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a home occupation, in accordance with the provisions of Section 5.28. of this By-law.

The proposed development consists of single detached dwellings. The proposed severed parcels exceed the required minimum lot area (8,000 square metres required) and minimum lot frontage on a private lane (76 metres required) for uses in the ‘RLS’ Zone. The proposed severed parcels exceed the required minimum setbacks from the creek which traverses the proposed retained parcel (30 metres required), from the PSW located on the property known municipally as 1104 Winding Creek Lane (120 metres required), and from Loughborough Lake (300 metre required).

Figure 7 - Subject property (red) as shown within Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended

Section 5.34.2. provides the following: Residential land uses may be permitted on lands between 300 metres (984.3 ft.) and 500 metres (1,640 ft.) of an existing or proposed quarry provided a minor variance or rezoning application is approved by the Township. The general intent of this provision is to ensure that sensitive land uses do not occur within the potential influence area of an existing or proposed quarry where adverse effects are generally expected to occur unless evidence is provided that adverse effects are not a problem, or can be satisfactorily mitigated to the level of trivial impact. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

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Based on the review completed above, we are of the opinion that the proposed minor variance maintains the general intent and purpose of Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended.

Test 3: Is the Variance Minor in Nature? As previously discussed, we are of the opinion that the proposed minor variance maintains the general intent and purpose of the County and Township Official Plans as well as Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended. Furthermore, as discussed below, it is our opinion that the proposed minor variance is desirable for the appropriate development and use of the subject property. The proposed severed parcels and residential land use are not anticipated to further impact the quarry operation compared to existing development. Considering this, we are of the opinion that the proposed variance is minor in nature.

Test 4: Is the Variance Desirable for the Appropriate Development or Use of the Land, Building or Structure? We are of the opinion that the proposed minor variance maintains the general intent and purpose of the County and Township Official Plans. The proposed minor variance would facilitate the creation of residential land use on lands designated and zoned for the proposed development. Further, the Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects. Considering this, we are of the opinion that the proposed minor variance is desirable for the appropriate development and use of the subject property.

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Land Use Compatibility Assessment / Zoning Relief Justification ALPS ID 2473 – Cranston Quarry The quarry is located west of the proposed severed parcels, on the west side of Sydenham Road. The quarry holds a ‘Class A’ License with no maximum tonnage, allowing for extraction in excess of 20,000 tonnes annually across the 170,700 square metre (17.07 hectare) licensed area. Extraction is permitted above the water table. The quarry is located at a higher elevation than the proposed severed parcels and is separated from Sydenham Road by a change in topography along with approximately 100 metres in depth of vegetation. Additional vegetated areas are located along the western lot line of the intervening property known municipally as 1030 Burega Lane (approximately 40 metres in depth) as well along western lot line of Proposed Severed Parcel 1. Sydenham Road, which has a speed limit of 80 kilometres per hour in the area of the proposed severed parcels, functions as an arterial road given that it provides a direct link to Highway 401 (south) and Sydenham (north). Resultingly, Sydenham Road accommodates a large volume of daily traffic. Arterial roads, such as Sydenham Road, generate a relatively consistent noise source given the volume and size of vehicle utilizing the thoroughfare. Burega Lane and Winding Creek Lane do not maintain connectivity with other arterial or collector roads, and therefore traffic from the quarry does not travel the private roads. As operations are not permitted below the water table, there are no anticipated adverse effects related to groundwater availability. While drilled wells on the proposed severed parcels have not yet been completed, the owners are aware of the groundwater depth in the area and are cognizant of the potential impact the quarry operations may have on water availability. Detailed investigation would occur prior to operations being permitted to extend below the water table. Operations are further restricted by Township By-law 2015-41, as amended, which prohibits quarry operations between 7PM and 7AM the next day, as well as on Sundays. The hours of operation are generally accepted as common place hours for industrial/commercial operations within many municipal noise by-laws, though it is understood that the ARA and related regulations govern the operations of extractive facilities as it relates to noise emissions. In essence, the operational hours of the extraction facility can be considered normal and should not create a negative impact on surrounding sensitive receptors, inclusive of the subject property and proposed severed parcels. In conclusion, it is our opinion that there is sufficient buffering in the form of topography, vegetation, and other noise sources (Sydenham Road) to minimize adverse effects related to noise and visual impact. Given the location of the proposed severed parcels, being in excess of 275 metres away from the route of ingress / egress of quarry, limited impacts and adverse effects resulting from litter, dust, and other particulates are anticipated. The presence of multiple longstanding dwellings (12 total - including 7 east of Sydenham Road) in closer proximity to the quarry

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which to our understanding have experienced limited adverse effects over the years further strengthens our position that the proposed development is compatible with the quarry. By virtue of these intervening dwellings (sensitive land uses) being in existence, the site operations must function to achieve compliance with Provincial regulations, standards and guidelines such that these established levels of adverse impacts at the abutting residences are not exceeded. As a result, future single detached dwellings anticipated to be constructed on the proposed severed parcels is protected by the existing dwellings.

Figure 8 - Entrance to the Cranston Quarry from Sydenham Road

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Conclusion The unaddressed subject property (PIN 36278-1009) fronting Burega Lane and Winding Creek Lane is currently vacant. The owner has submitted Consent applications seeking to sever two (2) parcels from the subject property, each of which is anticipated to be developed with a single detached dwelling in the future. No development is proposed for the proposed retained parcel through these applications. A Minor Variance application has been submitted seeking relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment completed as part of this report finds that sufficient buffering and visual screening exists between the quarry and the proposed severed parcels. The presence of multiple long-standing dwellings in closer proximity to the quarry which, to our understanding, have experienced no adverse effects over the years further strengthens the notion that the proposed development is compatible with the existing quarry operations. Upon conclusion of this Land Use Compatibility Assessment, it is the findings of the author that the proposed development will not result in land use incompatibility on the quarry that is not already addressed through the operational practices, and the regulatory framework governing this site. In conclusion, it is our professional opinion that Consent and Minor Variance applications are appropriate and constitute good land use planning.

Sincerely,

original signed by author

Jason Sands, B.Sc. M.Pl. MCIP. RPP

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November 7, 2025

File: SEV/FRS/246/2025 SEV/FRS/247/2025

Sent by E-mail Christine Woods Manager of Planning Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Woods: Re: Consent Applications PL-BDJ-2025-0106 & PL-BDJ-2025-0107 (Lot Creation) Winding Creek Lane , Township of South Frontenac Unnamed Watercourse & Karst Topography Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for consent and offer the following comments for the Township’s consideration, based on our role as a commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Summary of the Proposal The applicant has requested to sever two vacant residential lots from the subject property. The severed lots would be 1 ha (2.5 acres) with 113.8 m of frontage on Burega Lane. The retained lot would be 5 ha (13 acres) with frontage on Winding Creek Lane. The applicant is also proposing the creation of new right-of-way so the proposed lots can be accessed over Burega Lane. An associated minor variance application is requesting permission to locate the new lots 300 m from the licensed quarry on Sydenham Road. Discussion CRCA’s scope of review with respect to these applications is the avoidance of natural hazards including flooding and erosion associated with the un-named watercourse on the subject lands as well as the avoidance of unstable bedrock (karst topography). CRCA’s comments are focused on the proposed lot creation applications. Natural Hazards / Ontario Regulation 41/24 Surface Water Features Cataraqui Conservation, through implementation of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits requires development (building and structures) and site alteration (excavation, grading, placement of fill) to be located outside of natural hazard areas and set back a minimum of 30 m from surface water features including watercourses (creeks, streams) and

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Page 2 of 3 wetlands (swamps, marsh, bogs/fens). The intent is to protect development from potential flooding and erosion hazards and to preserve the hydrologic function of these features. The subject lands are located within a drainage catchment that flows into Loughborough Lake. There is a watercourse that runs through the southern portion of the property, which is a regulated feature, as such a 30 m setback is applied. The proposed severed lots are located over 30 m from the watercourse as shown in Figure 1. No development is proposed on the retained lands as part of the application and there is enough area for future development and site alteration on the retained lands to be located beyond the required 30 m setback. Staff recommend that native vegetation (trees, shrubs, native plants) within 30 metres of watercourses on the severed and retained lot be kept in place and enhanced, to help stabilize soils.

Figure 1 Proposed severed lots (outlined in green) and approximate 30 m watercourse setback (shaded in blue).

Karst Topography The subject lands have been identified on provincial OGS Mapping as having inferred karst. Karst is a type of unstable bedrock that is relatively common in the Cataraqui region and is considered a natural hazard under the 2024 Provincial Planning Statement and Ontario Regulation 41/024. As with other natural hazards, there is risk of damage to buildings, property and human safety when

Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca

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Page 3 of 3 development is located within or near unstable bedrock. Accordingly, CRCA’s regulation directs development away from these areas and features. CRCA staff have reviewed available information (e.g. aerial imagery, soils and geology mapping, topographic info.) and completed a site inspection of the subject lands on July 2, 2025. Based on our preliminary findings, we did not encounter evidence of karst in the area of the severed lots. Should karst features (e.g. fissures, crevices, sinkholes, etc.) be encountered on the subject lands during construction/excavation of the site, the applicant will need to contact CRCA staff to determine appropriate actions which would include additional assessment by a qualified professional to determine the extent and risks associated with karst at the property. Recommendation Staff have no objection to the approval of applications PL-BDJ-2025-0160 and PL-BDJ-2025-0170 based on our consideration for natural hazard and regulatory policies. We recommend the abovementioned environmental measures (in bold) and recommend the following condition be included in the decision. The applicant acknowledges the subject property is located within an area of inferred karst topography. To the discretion of the Township of South Frontenac Chief Building Official and Cataraqui Region Conservation Authority staff, should karst topography be identified, the applicant shall complete an evaluation by a qualified engineer to determine presence and extent of karst and obtain necessary permitting from Cataraqui Conservation prior to development. Ontario Regulation 41/24 Please note that portion of the retained lot are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06), which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. Also, to ensure the protection of wetlands. Current and future landowners are advised to contact CRCA before considering any work within 30 metres of the watercourse on the subject lands. Please inform this office of any decision made by the Committee with regard to these applications. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at estucke@crca.ca Sincerely,

Emma Stucke, RPP, MCIP Resource Planner cc. Applicant by email Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca

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To:

Committee of Adjustment

Prepared by:

Development Services Department

Meeting Date:

November 13, 2025

Subject:

Consent Applications PL-BDJ-2025-0106 to 0109, Minor Variance Application PL-ZNA-2025-0110, Winding Creek Lane and Burega Lane, Loughborough District

Summary The consent applications are for the creation of two residential lots and a right-of-way. The minor variance application relates to the location of the lots relative to a quarry. This report recommends approval of the applications. Background The properties that are subject to these applications are located east of Sydenham Road and north of Loughborough Lake. Applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107 are for the creation of two vacant residential lots from a vacant, 18 acre property on Winding Creek Lane. Lot 1 (PL-BDJ-2025-0106) would be 2.5 acres in size. It would have 87 metres frontage on Winding Creek Lane and 113 metres frontage on Burega Lane. It would be accessed off Winding Creek Lane only. Staff note that the public notices incorrectly say that Lot 1 would be accessed off Burega Lane. Lot 2 (PL-BDJ-2025-0107) would be 2.5 acres in size and have 113 metres frontage on Burega Lane. Burega Lane is owned by several individuals. Applications PL-BDJ-20250108 and PL-BDJ-2025-0109 are for a right-of-way in favour of Lot 2 over the first two sections of the lane beginning at Sydenham Road. The total length of the rights-of-way would be approximately 410 metres. There is a licensed quarry on Sydenham Road. Minor variance application PL-ZNA-20250110 is requesting permission for the new lots to be at least 300 metres from this quarry. Supporting Documents A Planning Justification and Land Use Compatibility Report (The Boulevard Group, October 2025) was submitted in support of the applications for new lot creation and minor variance due to how close the subject property is to a licensed quarry. The proposed lots would be at least 300 metres from the quarry. The report found that sufficient buffering exists between the quarry and the proposed lots to minimize adverse effects. More specifically, www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

• • • • •

Sydenham Road accommodates a large volume of daily traffic and generates a relatively consistent noise source that is not experienced on the private lanes. Limited impacts and adverse effects from litter, dust and other particulates due to distance from quarry entrance. The quarry is licenced for extraction above the water table. The hours of quarry operations restricted per the Township’s noise by-law 2015-41, as amended. The quarry site operations must function to achieve compliance with Provincial regulations, standards and guidelines such that established levels of adverse impacts at the existing residences between quarry and the proposed lots are not exceeded.

Agency Comments Planning staff and Cataraqui Conservation staff visited the subject lands with the applicant as part of the pre-application process. Cataraqui Conservation staff indicated that there was no evidence of surficial karst in the areas we looked at. In their formal comments on the consent applications for the residential lots, they recommended that if the severances proceeded, that any development agreement include a clause stating that should karst features (e.g. fissures, crevices, sinkholes, etc.) be encountered on the subject lands during construction/ excavation of the site, the owner will need to contact CRCA staff to determine appropriate actions which would include additional assessment by a qualified professional to determine the extent and risks associated with karst at the property. They identified a watercourse on the retained parcel, and noted that there is sufficient area for any future development to be located more than 30 metres from the watercourse. They recommended that native vegetation (trees, shrubs, native plants) within 30 metres of watercourses be kept in place and enhanced, to help stabilize soils. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The consent applications need to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Lake Trout Lake A portion of the property that is subject to the consent applications for two new lots is within 300 metres of the West Basin of Loughborough Lake, which is an at-capacity lake trout lake.

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

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Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

The PPS requires development to be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored, which may require mitigative measures and/or alternative development approaches (section 4.2.2). The County Official Plan states that new lot creation shall not be allowed within 300 metres of at-capacity lake trout lakes (section 7.1.4.4.1). It also requires the Township Official Plan to contain policies to protect these lakes and policies on exceptions to the prohibition. Section 5.2.8(a)(ii) of the Township Official Plan generally prohibits new lot creation within 300 metres of an at-capacity (highly sensitive) lake trout lake. The severed parcels would be more than 300 metres from the lake and therefore conform to this policy. The retained parcel would continue to be considered a lot of record for the purpose of section 5.2.8(a)(i) of the Official Plan. This policy permits new development on a lot of record subject to a minimum 30 metre setback from the highwater mark. The retained parcel is 200 metres from Loughborough Lake at the closest point. Development is not proposed at this time. Proximity to Quarry The PPS indicates that mineral aggregate resources shall be protected for long-term use (section 4.5.1). It also requires mineral aggregate operations (e.g. pits and quarries) to be protected form development and activities that would preclude or hinder their expansion or continued used or which would be incompatible for reasons of public health, public safety or environmental impact (section 4.5.4). The County Official Plan contains policies that are consistent with the PPS. The Township Official Plan intends to protect wherever possible and practical sand and gravel resources and a reasonable amount of bedrock resources for aggregate extraction and to ensure that resources are utilized in accordance with the proper controls. The quarry on Sydenham Road is designated “Mineral Aggregate” and is zoned Quarry ‘A’ (QA). The Township Official Plan recognizes the concept of an influence area as a means of protecting mineral aggregate and existing quarries from incompatible land uses. For this reason, the Official Plan prohibits residential land uses within 300 metres of an existing or proposed quarry. The Official Plan also intends to prevent incompatible lands uses less than 500 metres but more than 300 metres from an existing quarry. The 500 metre influence area is not meant to be a strict buffer or setback area in which development is prohibited. Rather, it is an area where impacts may occur or may be experienced, and development may occur subject to a technical assessment. These policies are implemented through the Zoning By-law. Section 5.34.2 of the Zoning By-law specifies that residential land uses may be permitted between 300 metres and 500 metres of an existing quarry provided a minor variance or rezoning application is approved by the Township. A land use compatibility study is required in support of such proposals. Lot 1 would be 300 metres from the quarry and Lot 2 would be 413 metres from the quarry. The Planning Justification and Land Use Compatibility Report (The Boulevard Group, October 2025) concluded that the approval of the severance applications and the minor variance application will not result in any incompatibility with the quarry, as described www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

above. Therefore, the minor variance would maintain the intent and purpose of the Official Plan and Zoning By-law. Limited Service Residential Uses The property that is subject to the consent applications for two new lots is designated Rural in the Township Official Plan. It is zoned Limited Service Residential (RLS) in Zoning Bylaw No. 2003-75, as amended. The PPS and the County Official Plan speak to permitting residential development that is sensitive to the surroundings and where site conditions are suitable for the provision of appropriate sewage and water services. The Township Official Plan permits a wide range of uses in the Rural designation including limited service residential uses. The type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. Section 5.7.7(c) of Township Official Plan does not permit non-waterfront residential lots on private lanes where the lane services primarily waterfront residential development. This policy does not apply to the subject applications because Winding Creek Lane and Burega Lane are used by both non-waterfront lots and waterfront lots, as well as for agricultural field access. The property that is subject to the consent applications for two new lots has deeded access over the Winding Creek Lane right-of-way from Sydenham Road. This right-of-way would carry forward to Lot 1. Lot 2 is proposed to be granted access over the existing Burega Lane right-of-way beginning at Sydenham Road and ending at the eastern edge of the lot’s frontage. The rights-of-way do not need to be resurveyed. The lanes do not need to be upgraded to the Township’s private lane standards, per the Official Plan. Section 5.7.7(b) of the Township Official Plan indicates that a maximum of three limited service residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for a severance under Section 5.7.7, as there have been no previous severances from the subject property since the adoption of the Township Official Plan. Section 5.7.7(a) of the Township Official Plan requires any lot created for limited service residential purposes to have a frontage, size and shape that is appropriate for the proposed use and that conforms to the Zoning By-law provisions. The subject property is zoned RLS, which requires a minimum 0.8 hectare (2 acre) lot area and 76 metre frontage on a private lane. The severed parcels and the retained parcel would exceed these requirements. Lot 1 would be 2.5 acres in size. It would have 87 metres frontage on Winding Creek Lane and 113 metres frontage on Burega Lane. Lot 2 would be 2.5 acres in size and have 113 metres frontage on Burega Lane. Staff recommend that the Committee approve the lots with a minimum 2 acre lot area to provide the Ontario Land Surveyor flexibility in surveying the lots to ensure that there is sufficient overlap between the frontage for Lot 2 and the Burega Lane right-of-way for a safe driveway entrance. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

Special Development Requirements Staff recommend that a development agreement be a condition of the consent approvals. The development agreement would be used to notify potential purchasers and future owners about special requirements that will apply to development of the severed parcels. Cataraqui Conservation noted that the subject lands are in an area of inferred karst. The development agreement would make people aware of this potential, and provide direction on what to do if karst features are encountered during construction/excavation of the site. The development agreement would also make people aware of the limitations associated with private lane access including the requirement for private maintenance and the lack of municipal maintenance and services. Conclusion The consent applications meet the criteria outlined in section 51(24) of the Planning Act, do not require a plan of subdivision for the proper and orderly development of the municipality, are consistent with the PPS, and conform to the County and Township Official Plans. The severed parcels and retained parcel will comply with the Zoning By-law. It is the opinion of Planning staff that allowing two new residential lots to be located 300 metres from an existing quarry meet the four tests for a minor variance – the variances maintain the general intent and purpose of the Official Plan and Zoning By-law, they are desirable for the appropriate development of the lands, and they are minor in nature. Notice/Consultation Notice of the Statutory Public Hearings was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearings. This included notice given: • • •

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

Recommendations It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve:

  1. Applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107, each for consent to sever one new residential lot from the property with roll number 102904006001840 and legal description Parts 1 and 24 on 13R14183, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 1 and 2.
  2. Application PL-BDJ-2025-0108 for consent for a right-of-way over 3624 Sydenham Road, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 3. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

  1. Application PL-BDJ-2025-0109 for consent for a right-of-way over 1079 Burega Lane, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 4.
  2. Application PL-ZNA-2025-0110 such that the severed parcels from consent applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107 are permitted to be at least 300 metres from the quarry on the west side of Sydenham Road. Report Prepared By: Christine Woods, RPP, MCIP, Manager of Planning Attachment 1. Recommended Conditions for Application PL-BDJ-2025-0106 Expiry Period
  3. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  4. The lands to be severed shall be for the creation of one new residential lot a minimum of 0.8 hectares (2 acres) in area with a minimum of 87 metres frontage on Winding Creek Lane. The lot area, frontage and configuration of the proposed severed lot shall be consistent with application sketch. Survey/Reference Plan or Registerable Description
  5. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  6. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  7. The lawyer for the owner shall submit the pertinent documentation noting all servient and dominant lands for legal right-of-way along Winding Creek Lane in draft to the Secretary-Treasurer for review prior to registration. Municipal Requirements

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

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Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

  1. 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.
  2. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1), By-law 2023-104].
  3. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel.
  4. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  5. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Notice regarding what to do if karst features are encountered during construction/excavation of the site; b. Notice regarding compliance with the Endangered Species Act; c. Notice regarding archeological resources and human remains; and d. Notice regarding limited municipal liability and services on a private lane.
  6. The subject lands are subject to two provisionally-approved consent applications. The new lots shall be registered in sequence of PL-BDJ-2025-0106 first and PLBDJ-2025-0107 second. Zoning
  7. The applicant is required to obtain a minor variance from Zoning By-law No. 200375, as amended, to permit the severed parcel to be at least 300 metres from the quarry on the west side of Sydenham Road.
  8. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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

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Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

Attachment 2. Recommended Conditions for Application PL-BDJ-2025-0107 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  2. The lands to be severed shall be for the creation of one new residential lot a minimum of 0.8 hectares (2 acres) in area with a minimum of 113 metres frontage on Burega Lane. The lot area, frontage and configuration of the proposed severed lot shall be consistent with application sketch. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The Ontario Land Surveyor shall also confirm that there is that there is sufficient overlap between the frontage of the severed parcel and the Burega Lane right-ofway for a safe driveway entrance approximately 6 metres wide. 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), By-law 2023-104].
  8. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

  1. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  2. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Notice regarding what to do if karst features are encountered during construction/excavation of the site; b. Notice regarding compliance with the Endangered Species Act; c. Notice regarding archeological resources and human remains; and d. Notice regarding limited municipal liability and services on a private lane.
  3. The subject lands are subject to two provisionally-approved consent applications. The new lots shall be registered in sequence of PL-BDJ-2025-0106 first and PLBDJ-2025-0107 second.
  4. The lawyer for the owner shall submit a Solicitors Personal Undertaking to ensure registration of Transfer Easement created by consent application PL-BDJ-20250108, in favour of the severed parcel, within six (6) months of the Certificate of Official being signed by the Township of South Frontenac.
  5. The lawyer for the owner shall submit a Solicitors Personal Undertaking to ensure registration of Transfer Easement created by consent application PL-BDJ-20250109, in favour of the severed parcel, within six (6) months of the Certificate of Official being signed by the Township of South Frontenac. Zoning
  6. The applicant is required to obtain a minor variance from Zoning By-law No. 200375, as amended, to permit the severed parcel to be at least 300 metres from the quarry on the west side of Sydenham Road.
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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

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Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

Attachment 3. Recommended Conditions for Application PL-BDJ-2025-0108 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Survey/Reference Plan or Registerable Description
  2. Consent is granted for an approximately 15 metre wide and 360 metre long right-ofway to be registered in favour of the severed parcel from application PL-BDJ-20250107 (Part of PIN 36278-1009) to provide legal access over Burega Lane beginning at Sydenham Road.
  3. An acceptable reference plan or legal description of the right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the right-of-way, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The lawyer shall submit the pertinent documentation noting all servient and dominant lands for the Burega Lane right-of-way in draft to the Secretary-Treasurer for review prior to registration. 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. Zoning
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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

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Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

Attachment 4. Recommended Conditions for Application PL-BDJ-2025-0109 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Survey/Reference Plan or Registerable Description
  2. Consent is granted for an approximately 15 metre wide and 51 metre long right-ofway to be registered in favour of the severed parcel from application PL-BDJ-20250107 to provide legal access over Burega Lane beginning at Sydenham Road.
  3. An acceptable reference plan or legal description of the right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the right-of-way, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The lawyer shall submit the pertinent documentation noting all servient and dominant lands for the Burega Lane right-of-way in draft to the Secretary-Treasurer for review prior to registration. 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. Zoning
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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

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PLANNING JUSTIFICATION & LAND USE COMPATIBILITY REPORT Unaddressed Burega Lane & Winding Creek Lane, Township of South Frontenac Applications for Consent & Minor Variance October 2025

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Introduction This Planning Justification and Land Use Compatibility Report is provided in support of applications for Consent and Minor Variance for an unaddressed property (PIN 36278-1009) fronting Burega Lane and Winding Creek Lane in the Township of South Frontenac, within the County of Frontenac (“the subject property”). The subject property is undeveloped. The subject property is designated ‘Rural’ within the County of Frontenac Official Plan (OP), designated ‘Rural’ on Schedule ‘A’ - Land Use Plan of the Township of South Frontenac OP, and zoned Limited Service Residential ‘RLS’ within Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended. The purpose of the Consent applications is to sever two (2) parcels from the subject property. Each of the proposed severed parcels is anticipated to be developed with a single detached dwelling and individual on-site water and sewage services. No development is proposed for the proposed retained parcel through these applications. The proposed severed parcels are located between 300 and 500 metres east of the property known municipally as 3615 Sydenham Road which accommodates a quarry operating under Aggregate License and Permit System (ALPS) ID 2473 (“the quarry”). Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, permits residential land uses on lands between 300 metres and 500 metres of an existing or proposed quarry provided a minor variance or rezoning is approved by the Township. The purpose of the Minor Variance application is to seek relief from this provision to permit residential land use to be established 306 metres away from an existing quarry. In support of the Consent and Minor Variance applications, a Land Use Compatibility Assessment has been completed as part of this report. Through pre-application correspondence, Township staff identified submission requirements. Accordingly, the following have been prepared and submitted: • • •

Consent and Minor Variance application forms and fees; Planning Justification / Land Use Compatibility Report; Plot Plan.

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Site Overview Location The subject property is located within the Rural Area of the Township of South Frontenac, approximately 1.83 kilometres south of the settlement area of Railton. The subject property is approximately 72,600 square metres in area and maintains approximately 535.3 metres of frontage on Burega Lane along with approximately 336.5 metres of frontage on Winding Creek Lane. Burega Lane and Winding Creek Lane are both private roads. Winding Creek Lane is owned by the owner of the subject property. The subject property is undeveloped and largely cleared, with vegetation concentrated in the northwest corner of the property (Proposed Severed Parcel 1). A creek traverses the width of southern area of the subject property (proposed retained parcel).

Figure 1 - Locational Context Map

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Figure 2 - View of the proposed severed parcels (left) facing west on Burega Lane

Figure 3 - View of the proposed retained parcel (left) facing south on Winding Creek Lane

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Surrounding Uses The subject property is located in an area primarily consisting of seasonal and single detached dwellings, with development concentrated south and east of the subject property along the north shore of Loughborough Lake. The proposed severed parcels are located in the northwest corner of the subject property, south of the properties known municipally as 1059, 1071, and 1079 Burega Lane, each of which accommodate dwellings. The proposed severed parcels directly abut the properties known municipally as 1030 Burega Lane and 1077 Winding Creek Lane, which similarly accommodate dwellings. The proposed retained parcel directly abuts the properties known municipally as 1024, 1028, 1038, 1040, and 1046 Poppy Lane, which accommodate a tourist establishment consisting of four (4) cabins.

Figure 4 - Aerial view of the proposed severed (red and blue) and retained parcels (green) and surrounding land uses

Proposed Development The owner is proposing to sever two (2) parcels from the subject property. Proposed Severed Parcel 1 is to be approximately 11,147 square metres in area and maintain approximately 113.8 metres of frontage on Burega Lane and approximately 87.8 metres of frontage on Winding Creek Lane. Vehicular access to Proposed Severed Parcel 1 is proposed to occur from Winding Creek Lane. Proposed Severed Parcel 2 is to be approximately 11,329 square metres in area and maintain approximately 113.8 metres of frontage on Burega Lane. Vehicular access to Proposed Severed Parcel 2 is proposed to occur from Burega Lane. The proposed severed parcels are anticipated to be developed with single detached dwellings and individual on-site water and sewage services (drilled well and Class 4 septic system). The proposed retained parcel is to be approximately 50,124 square metres in area and maintain approximately 307.7 metres of

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frontage on Burega Lane and approximately 248.7 metres of frontage on Winding Creek Lane. No development is proposed for the proposed retained parcel through these applications. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry.

Figure 5 - Plot plan

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Policy & Regulatory Framework Provincial Planning Statement, 2024 The Provincial Planning Statement (PPS), 2024, is a policy statement issued under the authority of Section 3 of the Planning Act and came into effect on October 20, 2024. The PPS provides policy direction on matters of provincial interest related to land use planning and development. In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters shall be consistent with policy statements used under the Act. The following policies of the PPS are directly relevant to the proposed development: Section 2.1.6.: Planning authorities should support the achievement of complete communities by: a) accommodating an appropriate range and mix of land uses, housing options, transportation options with multimodal access, employment, public service facilities and other institutional uses (including schools and associated child care facilities, long term care facilities, places of worship and cemeteries), recreation, parks and open space, and other uses to meet long-term needs; Section 2.2.1.: Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by: b) permitting and facilitating:

  1. all housing options required to meet the social, health, economic and wellbeing requirements of current and future residents, including additional needs housing and needs arising from demographic changes and employment opportunities; and
  2. all types of residential intensification, including the development and redevelopment of underutilized commercial and institutional sites (e.g., shopping malls and plazas) for residential use, development and introduction of new housing options within previously developed areas, and redevelopment, which results in a net increase in residential units in accordance with policy 2.3.1.3; c) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation. o

The proposed development seeks to contribute to the range of single detached dwellings in the Township of South Frontenac. The subject property is currently undeveloped and restricted in principal permitted use to a seasonal or single detached dwelling. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects. The proposed development seeks to efficiently use land, resources, infrastructure and public service facilities.

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Section 2.5.1.: Healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets; d) using rural infrastructure and public service facilities efficiently; g) conserving biodiversity and considering the ecological benefits provided by nature. o

The proposed low-density residential development is consistent with the rural character. Existing vegetation along the frontages of the proposed severed parcels offer opportunity for the proposed development to be visually screened from the public realm, maintaining the aesthetic of the rural landscape. The proposed development seeks to utilize rural infrastructure efficiently given that the proposed severed parcels are located along private roads. The proposed severed parcels are located greater than 30 metres from the creek which traverses the proposed retained parcel, greater than 120 metres from the Provincially Significant Wetland (PSW) located on the property known municipally as 1104 Winding Creek Lane, and greater than 300 metres from Loughborough Lake.

Section 2.6.1.: On rural lands located in municipalities, permitted uses are: c) residential development, including lot creation, where site conditions are suitable for the provision of appropriate sewage and water services; Section 2.6.2.: Development that can be sustained by rural service levels should be promoted. Section 2.6.3.: Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the uneconomical expansion of this infrastructure. o

The proposed severed parcels are sufficiently sized to accommodate individual onsite water and sewage services for the proposed residential development. Additional suitability factors will be evaluated and addressed through the building permit process.

Section 2.6.5.: New land uses, including the creation of lots, and new or expanding livestock facilities, shall comply with the minimum distance separation formulae. o

Through pre-application correspondence, the Township confirmed a review had been completed and there are no livestock facilities in the area. As a result, minimum distance separation (MDS) I calculations were not identified as a submission requirement.

Section 3.5.1.: Major facilities and sensitive land uses shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures.

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Section 3.5.2.: Where avoidance is not possible in accordance with Section 3.5.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other major facilities that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses is only permitted if potential adverse affects to the proposed sensitive land use are minimized and mitigated, and potential impacts to industrial, manufacturing or other major facilities are minimized and mitigated in accordance with provincial guidelines, standards and procedures. o

The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 3.6.4.: Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not available, planned or feasible, individual onsite sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. o

The proposed severed parcels are sufficiently sized to accommodate individual onsite water and sewage services. Additional suitability factors will be evaluated and addressed through the building permit process.

Section 4.1.1.: Natural features and areas shall be protected for the long term. o

The proposed severed parcels are located greater than 30 metres from the creek which traverses the proposed retained parcel, greater than 120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane, and greater than 300 metres from Loughborough Lake.

Section 4.5.2.4.: Mineral aggregate operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. (…) o

The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Based on the review completed above, we are of the opinion that the Consent and Minor Variance applications are consistent with the intent of the PPS.

Minor Variance Application Section 5.34.2. of Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended, permits residential land uses on lands between 300 metres and 500 metres of an existing or proposed quarry provided a minor variance or rezoning is approved by the Township. The purpose of the Minor Variance application is to seek relief from this provision to permit residential land use to be established 306 metres away from an existing quarry.

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In accordance with Section 45.1. of the Planning Act, the Committee of Adjustment may grant a minor variance from the Zoning By-law if it satisfied that the application meets four tests: 1. 2. 3. 4.

Is the General Intent and Purpose of the Official Plan Maintained? Is the General Intent and Purpose of the Zoning By-law Maintained? Is the Variance Minor in Nature? Is the Variance Desirable for the Appropriate Development or Use of the Land, Building or Structure?

Test 1: Is the General Intent and Purpose of the Official Plan Maintained? County of Frontenac Official Plan The County of Frontenac Official Plan was adopted on October 15, 2014 and received approval from the Ministry of Municipal Affairs and Housing on January 11, 2016. The County OP creates the framework for guiding land use changes in the County to 2034 by protecting and managing the natural environment, directing and influencing growth patterns and facilitating the vision of the County as expressed through its residents. The following policies of the County OP are directly relevant to the proposed development: Section 2.1.1.4.: The standard for separating residential uses from existing, new or expanding livestock facilities shall be the Minimum Distance Separation (MDS) formulae, as revised from time to time. The MDS formulae shall also be used when considering the creation of new lots and new development in proximity to livestock facilities. o

Through pre-application correspondence, the Township confirmed a review had been completed and there are no livestock facilities in the area. As a result, minimum distance separation (MDS) I calculations were not identified as a submission requirement.

Section 2.1.2.1.3.: An ‘Influence Area’ shall be used in order to protect existing land uses in the vicinity of a proposed mineral mining operation. This ‘Influence Area’ shall also be applied to protect mineral mining operations from the encroachment of incompatible land uses. Local Official Plans shall establish the extent of an influence area in consultation with the Ministry of Northern Development and Mines (now Ministry of Energy and Mines) and the Ministry of the Environment and Climate Change (now Ministry of the Environment, Conservation and Parks). Development may be permitted in an ‘Influence Area’ as set out in Local Official Plans and only where the impacts of a mining operation can be properly mitigated. Section 2.1.2.2.4.: The Townships shall identify and protect all existing mineral aggregate operations from incompatible uses and activities that would preclude or hinder their expansion or continued use, or which would be incompatible for reasons of public health, public safety, or environmental impact. (…) Section 2.1.2.2.5.: Within or adjacent to known deposits of mineral aggregate resources, development and activities which may preclude or hinder the establishment of new operations or access to the resources may only be permitted if:

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• • •

Resource use would not be feasible; or The proposed land use or development serves a greater long-term public interest; and Issues of public health, public safety and environmental impact are addressed.

The County or the Townships may require the completion of a study by a qualified professional to demonstrate that the proposed use is consistent with the above policies for development proposals. (…) o

The proposed severed parcels are located between 300 metres and 500 metres of the quarry. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, which implements these policies, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 3.3.1.: (…) Low density residential development as well as rural-related commercial, industrial, recreational and institutional development is desirable, provided it is appropriately located. (…) o

The subject property is designated ‘Rural’ in the County OP given that the property is located outside of a settlement area and is not a Natural Heritage Area, Resource Lands, or Waste Disposal Site. The proposed low density residential development in the form of single detached dwellings is permitted in accordance with the permitted uses of the Limited Service Residential ‘RLS’ Zone. Despite this permission, residential use on the proposed severed parcels is ultimately prohibited given their proximity to the quarry (between 300 and 500 metres). The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 3.3.3.2.: Residential development is permitted in the Rural designation in accordance with the following policies: a) Lot creation should take place either through Plan of Subdivision, Plan of Condominium, or Consent; o Applications for Consent have been submitted to facilitate the proposed lot creations. b) Rural residential development shall reflect the intent of preserving the rural, open space character of the County. This will mean that, to the extent possible, the appearance of such development should be unobtrusive and blend in with the rural landscape. o The proposed low-density residential development is consistent with the rural character. Existing vegetation along the frontages of the proposed severed parcels

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offer opportunity for the proposed development to be visually screened from the public realm, maintaining the aesthetic of the rural landscape. c) New residential development should not be located on lands which would involve major public expense in opening up or maintaining access routes, providing drainage, or providing other public services and facilities, unless major public services, access, and/or facilities are provided at the developer’s expense. o The proposed residential development is located along private roads which are to remain private. Section 4.2.1.5.: Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. (…) o

The proposed severed parcels are sufficiently sized to accommodate individual onsite water and sewage services. Additional suitability factors will be evaluated and addressed through the building permit process.

Section 6.1.: It is the intent of this Plan that the County’s significant cultural heritage resources be identified, conserved and whenever practical, enhanced and that new development take place in a manner that respects the County’s rich cultural heritage. The cultural heritage resources of the County generally include: a) Built heritage resources; b) Cultural heritage landscapes; and c) Archaeological resources. (…) o

The subject property is not known to contain, nor is adjacent to, known cultural heritage resources.

Section 7.1.4.1.: (…) o

Development and site alteration shall not be permitted within lands adjacent to provincially significant wetlands or significant coastal wetlands unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on their features or their functions. Adjacent lands shall include lands contiguous to the wetland or areas where it is likely that development or site alteration will have a negative impact on the wetland. The extent of the adjacent lands shall be defined in the Township Official Plans, based on approaches recommended by the Province or based on Township approaches which achieve the same objective. o Section 5.2.5. of the Township OP provides that adjacent lands to PSWs includes lands within 120 metres. The proposed severed parcels are located greater than

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120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane. Section 7.1.4.4.1.: (…) •

New lot creation shall not be allowed within 300 metres of at-capacity lake trout lakes located in Frontenac County. The list of such designated lakes are identified on Appendix “1B” and listed in Appendix “2” and shall be included in Local Official Plans. o The proposed severed parcels are located greater than 300 metres from Loughborough Lake, which is identified on Appendix ‘1B’ of the County OP.

Township of South Frontenac Official Plan The Township of South Frontenac Official Plan was adopted by South Frontenac Township Council on September 5, 2000, approved by the Minister of Municipal Affairs and Housing on April 30, 2002, and finally approved by the Ontario Municipal Board on November 25, 2003. The Township OP was most recently consolidated to Official Plan Amendment 25 on January 23, 2024. The purpose of the Township OP is to provide a vision, goals, objectives and policies to direct the physical development of the Township while having regard for relevant social, economic and environmental matters. The following policies of the Township OP are directly relevant to the proposed development: Section 5.2.5. – Significant Wetlands ‘W’: No new development or site alteration within 120 metres of a provincially significant wetland, nor the expansion or redevelopment of existing development within or adjacent to a provincially significant wetland is permitted unless it has been determined through an Environmental Impact Assessment, completed in accordance with Section 5.2.11 of this plan, that there will be no negative impacts on the natural features or ecological functions of the wetland. o

The proposed severed parcels are located greater than 120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane.

Section 5.2.8. – Lake Trout Lakes: (…) a) Highly Sensitive Lake Trout Lakes: (…) i) 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. o The proposed severed parcels are located greater than 300 metres from the West Basin of Loughborough Lake, which is identified as being a highly sensitive lake trout lake. Section 5.5.2. – Influence Area: The concept of an influence area is recognized as a means of protecting against incompatible land uses in the vicinity of Mineral Aggregate designations and to protect existing pits and quarries from encroachment from other incompatible land uses. In accordance with this concept,

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

The proposed severed parcels are located between 300 metres and 500 metres of the quarry. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, which implements this policy, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 5.7.7. - Limited Service Residential Policies: Limited service residential development is generally located in the Rural area of the Township on a body of water or a natural water course where the primary means of access is from a private road or a navigable waterway. i)

The uses permitted shall be single detached residential dwellings, seasonal residential dwellings, seasonal dwellings converted to permanent dwellings and home occupations. o The proposed development is anticipated to consist of single detached residential dwellings.

ii) a) The frontage, size and shape of any lot created for limited service residential purposes through the severance approval process shall be appropriate for the proposed use and shall conform with the provisions of the zoning by-law. As a rule, the minimum lot size shall be 1 hectare with a minimum of 91 metres of water frontage and 76 metres of frontage on a private road. The municipality may consider reductions to the minimum lot size and frontage requirements provided the overall intent of the Plan is maintained. o The proposed frontages and areas of the proposed severed parcels conform with the provisions for single detached dwellings in the Limited Service Residential ‘RLS’ Zone. The proposed severed parcels are rectangular in shape. b) The creation of up to a maximum of three new limited service residential lots per landholding existing on the day of adoption of this Plan may be permitted by consent, in accordance with the General Consent policies of Section 7 of this Plan. o Through pre-application correspondence, the Township confirmed that the creation of two new limited service residential lots is permitted in accordance with this policy. d) Limited service residential development shall be serviced by private water and sanitary sewage disposal systems. Such systems shall be approved by the appropriate authority.

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o

The proposed development is to be serviced with individual on-site water and sewage services.

e) Limited service residential development shall be designed to preserve as much as possible a site’s physical attributes, such as tree coverage, varying topography, scenic views, etc, for the benefit of future residents. o Both of the proposed severed parcels contain sizeable cleared areas and are quite flat, offering opportunity for minimal tree removal and site alteration. f) o

Limited service residential development shall be developed in accordance with the applicable policies of Section 5.2 of this Plan. As previously discussed, the proposed development is in accordance with the applicable policies of Section 5.2.

h) Where an existing limited service residential lot or a lot created by consent of the Committee of Adjustment for limited service residential purposes subsequent to the date of approval of this Plan fronts upon a private road or unassumed public road, a building permit may be issued for the erection of a building or structure providing the applicant enters into an agreement with the Township which is to be registered on title. This agreement is to indicate:

  1. that the owner recognizes that the lot is located on a private road which is not snowplowed or in any other way maintained by the Township.
  2. that the disposal of garbage, snowplowing and any other road maintenance is the responsibility of the property owner; and
  3. that the Township assumes no liability in the event that emergency vehicles are not able to access the lot because of impassable road conditions. o It is anticipated that this policy will be implemented via a Condition of Approval of the Consent applications.

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Figure 6 - Subject property (black) as shown on Schedule ‘A’ – Land Use Plan of the Township of South Frontenac OP

Section 6.2. – Development Policies: All types of future development shall occur on the basis of the submission and approval of registered plans of subdivision, land severances by consent of the Committee of Adjustment and/or amendments to the implementing zoning by-law. Residential development should primarily occur by registered plan of subdivision. However, development may occur by consent in accordance with the applicable policies of this plan when a plan of subdivision in the opinion of the Municipality clearly is not necessary to ensure orderly development, taking into consideration the social, economic and environmental impacts. o

Applications for Consent have been submitted to facilitate the proposed residential development.

Section 6.10. – Servicing: (…) In areas which are not serviced with municipal water and/or sewage services, lot creation will only be permitted if the proposed development can be supported by the type of servicing being proposed. (…)

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o

The proposed severed parcels are not located in an area with municipal services. The proposed development can be supported with individual on-site water and sewage services.

Section 6.12.: Frontage on Public Roads: No building or structure shall be erected, extended or enlarged on any lot within the Township of South Frontenac unless such lot fronts on a public road except as follows: a) Where a vacant lot fronts upon a private or unassumed public road, a building permit may be issued for the erection of a building or structure providing: i) the lot existed on or before the date of approval of this plan; or the lot is in the form of infilling or an extension to a private road permitted by this Plan and is created by consent of the Committee of Adjustment. o Applications for Consent have been submitted to facilitate the proposed lot creations. ii) the property is zoned to a Limited Service Residential zone; and o The proposed severed parcels are to remain in the Limited Service Residential ‘RLS’ Zone. iii) the applicant at his/her expense enters into an agreement with the Township which is to be registered on title. This agreement is to indicate the following:

  1. that the owner recognizes that the lot is located on a private road which is not snowplowed or in any other way maintained by the Township. o It is anticipated that this policy will be implemented via a Condition of Approval of the Consent applications. Section 6.20. – Influence Areas: (…) Where possible, influence areas will be based on Provincial guidelines. Council, through the review of development applications within influence areas will ensure that land use compatibility issues are addressed. o

The proposed severed parcels are located between 300 metres and 500 metres of the quarry. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 6.22. – Cultural Heritage Resources: (…) All new development permitted by the land use policies and designations of this Plan should have regard for cultural heritage resources and should wherever possible, incorporate these resources into any new development plans. o

The subject property is not known to contain, nor is adjacent to, known cultural heritage resources.

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Section 6.23. – Minimum Distance Separation Formulae: All new farm and non-farm development in the Township shall comply with the Minimum Distance Separation formulae (MDS I and II) as may be amended from time to time. o

Through pre-application correspondence, the Township confirmed a review had been completed and there are no livestock facilities in the area. As a result, minimum distance separation (MDS) I calculations were not identified as a submission requirement.

Section 7.1. – General Consent Policies Applicable to All Land Use Designations: In addition to all other policies of this Plan, the following general consent policies shall apply to all land use designations: a) Consents shall only be granted when it is clearly not necessary in the public interest that a Plan of Subdivision be registered. In this regard, consents will be considered when the creation of new lots, in the opinion of the Municipality, will clearly have no adverse environmental, social or economic impact on the Township or adjacent land uses. o As the proposal seeks to create two new parcels, a Plan of Subdivision is not necessary. c) The size of any parcel of land created by consent shall be appropriate for the uses proposed. No parcel of land created as a result of a consent shall be less than that prescribed in the respective land use designations of this Plan, except for parcels created as lot additions or for technical reasons. o The proposed severed and retained parcels conform with the provisions for single detached dwelling in the Limited Service Residential ‘RLS’ Zone. d) Consents should be granted which generally provide for a satisfactory geometric design of the severed and retained parcels. o The subject property is irregularly shaped. The proposed severed parcels are rectangular. f)

All applications for consent shall be accompanied with a sketch showing to scale the dimensions of the lots (severed and retained) to be created by the proposed consent. In addition, existing buildings and setbacks from the property lines and major topographic and land features such as an escarpment, creek or wetland shall be shown. The sketch shall also identify all buildings, septic systems and wells on the lands subject to the consent application as well as on adjacent lands. (…) o See Figure 5.

g) The creation of no more than two lots in total (i.e. including severed and retained) shall result from any one severance application for a new lot. Consents that are to establish a legal right-ofway for more than 21 years will require an application for consent when it is not part of a proposed new lot.

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o

Two (2) Consent applications have been submitted to facilitate the creation of a total of two (2) new lots.

h) Consents which would result in landlocking a parcel will be denied. All new lots, except limited service residential lots, shall front onto and gain direct access from an existing public road which reflects a reasonable standard of pavement or gravel construction and is maintained year round by the municipality. o The proposed lot creations do not result in the landlocking of a parcel. The proposed severed parcels are to remain in the Limited Service Residential ‘RLS’ Zone. i)

Consents should not be granted for land adjacent to a road from which access is to be obtained where a traffic hazard would be created because of limited sight lines on curves or grades. o Entrancing to the proposed severed parcels is not anticipated to result in a traffic hazard.

k) Any division of land must respect the separation distances for land uses as set out in this Plan and in the Zoning By-law. o The proposed severed parcels are located greater than 30 metres from the creek which traverses the proposed retained parcel, greater than 120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane, and greater than 300 metres from Loughborough Lake. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects. Based on the review completed above, we are of the opinion that the proposed minor variance maintains the general intent and purpose of the County and Township Official Plans.

Test 2: Is the General Intent and Purpose of the Zoning By-law Maintained? Township of South Frontenac Comprehensive Zoning By-law 2003-75 was passed on September 16, 2023 and has since been subject to multiple amendments. The purpose of the Comprehensive Zoning By-law is to implement the Township’s Official Plan. The subject property is entirely zoned Limited Service Residential ‘RLS’ within Comprehensive Zoning By-law 2003-75, as amended. Section 9.2. of Comprehensive Zoning By-law 2003-75, as amended, provides the following permitted uses for the ‘RLS’ Zone: • • •

a seasonal dwelling, a single detached dwelling, accessory buildings or uses,

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a home occupation, in accordance with the provisions of Section 5.28. of this By-law.

The proposed development consists of single detached dwellings. The proposed severed parcels exceed the required minimum lot area (8,000 square metres required) and minimum lot frontage on a private lane (76 metres required) for uses in the ‘RLS’ Zone. The proposed severed parcels exceed the required minimum setbacks from the creek which traverses the proposed retained parcel (30 metres required), from the PSW located on the property known municipally as 1104 Winding Creek Lane (120 metres required), and from Loughborough Lake (300 metre required).

Figure 7 - Subject property (red) as shown within Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended

Section 5.34.2. provides the following: Residential land uses may be permitted on lands between 300 metres (984.3 ft.) and 500 metres (1,640 ft.) of an existing or proposed quarry provided a minor variance or rezoning application is approved by the Township. The general intent of this provision is to ensure that sensitive land uses do not occur within the potential influence area of an existing or proposed quarry where adverse effects are generally expected to occur unless evidence is provided that adverse effects are not a problem, or can be satisfactorily mitigated to the level of trivial impact. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

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Based on the review completed above, we are of the opinion that the proposed minor variance maintains the general intent and purpose of Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended.

Test 3: Is the Variance Minor in Nature? As previously discussed, we are of the opinion that the proposed minor variance maintains the general intent and purpose of the County and Township Official Plans as well as Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended. Furthermore, as discussed below, it is our opinion that the proposed minor variance is desirable for the appropriate development and use of the subject property. The proposed severed parcels and residential land use are not anticipated to further impact the quarry operation compared to existing development. Considering this, we are of the opinion that the proposed variance is minor in nature.

Test 4: Is the Variance Desirable for the Appropriate Development or Use of the Land, Building or Structure? We are of the opinion that the proposed minor variance maintains the general intent and purpose of the County and Township Official Plans. The proposed minor variance would facilitate the creation of residential land use on lands designated and zoned for the proposed development. Further, the Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects. Considering this, we are of the opinion that the proposed minor variance is desirable for the appropriate development and use of the subject property.

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Land Use Compatibility Assessment / Zoning Relief Justification ALPS ID 2473 – Cranston Quarry The quarry is located west of the proposed severed parcels, on the west side of Sydenham Road. The quarry holds a ‘Class A’ License with no maximum tonnage, allowing for extraction in excess of 20,000 tonnes annually across the 170,700 square metre (17.07 hectare) licensed area. Extraction is permitted above the water table. The quarry is located at a higher elevation than the proposed severed parcels and is separated from Sydenham Road by a change in topography along with approximately 100 metres in depth of vegetation. Additional vegetated areas are located along the western lot line of the intervening property known municipally as 1030 Burega Lane (approximately 40 metres in depth) as well along western lot line of Proposed Severed Parcel 1. Sydenham Road, which has a speed limit of 80 kilometres per hour in the area of the proposed severed parcels, functions as an arterial road given that it provides a direct link to Highway 401 (south) and Sydenham (north). Resultingly, Sydenham Road accommodates a large volume of daily traffic. Arterial roads, such as Sydenham Road, generate a relatively consistent noise source given the volume and size of vehicle utilizing the thoroughfare. Burega Lane and Winding Creek Lane do not maintain connectivity with other arterial or collector roads, and therefore traffic from the quarry does not travel the private roads. As operations are not permitted below the water table, there are no anticipated adverse effects related to groundwater availability. While drilled wells on the proposed severed parcels have not yet been completed, the owners are aware of the groundwater depth in the area and are cognizant of the potential impact the quarry operations may have on water availability. Detailed investigation would occur prior to operations being permitted to extend below the water table. Operations are further restricted by Township By-law 2015-41, as amended, which prohibits quarry operations between 7PM and 7AM the next day, as well as on Sundays. The hours of operation are generally accepted as common place hours for industrial/commercial operations within many municipal noise by-laws, though it is understood that the ARA and related regulations govern the operations of extractive facilities as it relates to noise emissions. In essence, the operational hours of the extraction facility can be considered normal and should not create a negative impact on surrounding sensitive receptors, inclusive of the subject property and proposed severed parcels. In conclusion, it is our opinion that there is sufficient buffering in the form of topography, vegetation, and other noise sources (Sydenham Road) to minimize adverse effects related to noise and visual impact. Given the location of the proposed severed parcels, being in excess of 275 metres away from the route of ingress / egress of quarry, limited impacts and adverse effects resulting from litter, dust, and other particulates are anticipated. The presence of multiple longstanding dwellings (12 total - including 7 east of Sydenham Road) in closer proximity to the quarry

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which to our understanding have experienced limited adverse effects over the years further strengthens our position that the proposed development is compatible with the quarry. By virtue of these intervening dwellings (sensitive land uses) being in existence, the site operations must function to achieve compliance with Provincial regulations, standards and guidelines such that these established levels of adverse impacts at the abutting residences are not exceeded. As a result, future single detached dwellings anticipated to be constructed on the proposed severed parcels is protected by the existing dwellings.

Figure 8 - Entrance to the Cranston Quarry from Sydenham Road

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Conclusion The unaddressed subject property (PIN 36278-1009) fronting Burega Lane and Winding Creek Lane is currently vacant. The owner has submitted Consent applications seeking to sever two (2) parcels from the subject property, each of which is anticipated to be developed with a single detached dwelling in the future. No development is proposed for the proposed retained parcel through these applications. A Minor Variance application has been submitted seeking relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment completed as part of this report finds that sufficient buffering and visual screening exists between the quarry and the proposed severed parcels. The presence of multiple long-standing dwellings in closer proximity to the quarry which, to our understanding, have experienced no adverse effects over the years further strengthens the notion that the proposed development is compatible with the existing quarry operations. Upon conclusion of this Land Use Compatibility Assessment, it is the findings of the author that the proposed development will not result in land use incompatibility on the quarry that is not already addressed through the operational practices, and the regulatory framework governing this site. In conclusion, it is our professional opinion that Consent and Minor Variance applications are appropriate and constitute good land use planning.

Sincerely,

original signed by author

Jason Sands, B.Sc. M.Pl. MCIP. RPP

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November 7, 2025

File: SEV/FRS/246/2025 SEV/FRS/247/2025

Sent by E-mail Christine Woods Manager of Planning Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Woods: Re: Consent Applications PL-BDJ-2025-0106 & PL-BDJ-2025-0107 (Lot Creation) Winding Creek Lane , Township of South Frontenac Unnamed Watercourse & Karst Topography Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for consent and offer the following comments for the Township’s consideration, based on our role as a commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Summary of the Proposal The applicant has requested to sever two vacant residential lots from the subject property. The severed lots would be 1 ha (2.5 acres) with 113.8 m of frontage on Burega Lane. The retained lot would be 5 ha (13 acres) with frontage on Winding Creek Lane. The applicant is also proposing the creation of new right-of-way so the proposed lots can be accessed over Burega Lane. An associated minor variance application is requesting permission to locate the new lots 300 m from the licensed quarry on Sydenham Road. Discussion CRCA’s scope of review with respect to these applications is the avoidance of natural hazards including flooding and erosion associated with the un-named watercourse on the subject lands as well as the avoidance of unstable bedrock (karst topography). CRCA’s comments are focused on the proposed lot creation applications. Natural Hazards / Ontario Regulation 41/24 Surface Water Features Cataraqui Conservation, through implementation of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits requires development (building and structures) and site alteration (excavation, grading, placement of fill) to be located outside of natural hazard areas and set back a minimum of 30 m from surface water features including watercourses (creeks, streams) and

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Page 2 of 3 wetlands (swamps, marsh, bogs/fens). The intent is to protect development from potential flooding and erosion hazards and to preserve the hydrologic function of these features. The subject lands are located within a drainage catchment that flows into Loughborough Lake. There is a watercourse that runs through the southern portion of the property, which is a regulated feature, as such a 30 m setback is applied. The proposed severed lots are located over 30 m from the watercourse as shown in Figure 1. No development is proposed on the retained lands as part of the application and there is enough area for future development and site alteration on the retained lands to be located beyond the required 30 m setback. Staff recommend that native vegetation (trees, shrubs, native plants) within 30 metres of watercourses on the severed and retained lot be kept in place and enhanced, to help stabilize soils.

Figure 1 Proposed severed lots (outlined in green) and approximate 30 m watercourse setback (shaded in blue).

Karst Topography The subject lands have been identified on provincial OGS Mapping as having inferred karst. Karst is a type of unstable bedrock that is relatively common in the Cataraqui region and is considered a natural hazard under the 2024 Provincial Planning Statement and Ontario Regulation 41/024. As with other natural hazards, there is risk of damage to buildings, property and human safety when

Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca

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Page 3 of 3 development is located within or near unstable bedrock. Accordingly, CRCA’s regulation directs development away from these areas and features. CRCA staff have reviewed available information (e.g. aerial imagery, soils and geology mapping, topographic info.) and completed a site inspection of the subject lands on July 2, 2025. Based on our preliminary findings, we did not encounter evidence of karst in the area of the severed lots. Should karst features (e.g. fissures, crevices, sinkholes, etc.) be encountered on the subject lands during construction/excavation of the site, the applicant will need to contact CRCA staff to determine appropriate actions which would include additional assessment by a qualified professional to determine the extent and risks associated with karst at the property. Recommendation Staff have no objection to the approval of applications PL-BDJ-2025-0160 and PL-BDJ-2025-0170 based on our consideration for natural hazard and regulatory policies. We recommend the abovementioned environmental measures (in bold) and recommend the following condition be included in the decision. The applicant acknowledges the subject property is located within an area of inferred karst topography. To the discretion of the Township of South Frontenac Chief Building Official and Cataraqui Region Conservation Authority staff, should karst topography be identified, the applicant shall complete an evaluation by a qualified engineer to determine presence and extent of karst and obtain necessary permitting from Cataraqui Conservation prior to development. Ontario Regulation 41/24 Please note that portion of the retained lot are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06), which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. Also, to ensure the protection of wetlands. Current and future landowners are advised to contact CRCA before considering any work within 30 metres of the watercourse on the subject lands. Please inform this office of any decision made by the Committee with regard to these applications. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at estucke@crca.ca Sincerely,

Emma Stucke, RPP, MCIP Resource Planner cc. Applicant by email Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca

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To:

Committee of Adjustment

Prepared by:

Development Services Department

Meeting Date:

November 13, 2025

Subject:

Consent Applications PL-BDJ-2025-0106 to 0109, Minor Variance Application PL-ZNA-2025-0110, Winding Creek Lane and Burega Lane, Loughborough District

Summary The consent applications are for the creation of two residential lots and a right-of-way. The minor variance application relates to the location of the lots relative to a quarry. This report recommends approval of the applications. Background The properties that are subject to these applications are located east of Sydenham Road and north of Loughborough Lake. Applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107 are for the creation of two vacant residential lots from a vacant, 18 acre property on Winding Creek Lane. Lot 1 (PL-BDJ-2025-0106) would be 2.5 acres in size. It would have 87 metres frontage on Winding Creek Lane and 113 metres frontage on Burega Lane. It would be accessed off Winding Creek Lane only. Staff note that the public notices incorrectly say that Lot 1 would be accessed off Burega Lane. Lot 2 (PL-BDJ-2025-0107) would be 2.5 acres in size and have 113 metres frontage on Burega Lane. Burega Lane is owned by several individuals. Applications PL-BDJ-20250108 and PL-BDJ-2025-0109 are for a right-of-way in favour of Lot 2 over the first two sections of the lane beginning at Sydenham Road. The total length of the rights-of-way would be approximately 410 metres. There is a licensed quarry on Sydenham Road. Minor variance application PL-ZNA-20250110 is requesting permission for the new lots to be at least 300 metres from this quarry. Supporting Documents A Planning Justification and Land Use Compatibility Report (The Boulevard Group, October 2025) was submitted in support of the applications for new lot creation and minor variance due to how close the subject property is to a licensed quarry. The proposed lots would be at least 300 metres from the quarry. The report found that sufficient buffering exists between the quarry and the proposed lots to minimize adverse effects. More specifically, www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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• • • • •

Sydenham Road accommodates a large volume of daily traffic and generates a relatively consistent noise source that is not experienced on the private lanes. Limited impacts and adverse effects from litter, dust and other particulates due to distance from quarry entrance. The quarry is licenced for extraction above the water table. The hours of quarry operations restricted per the Township’s noise by-law 2015-41, as amended. The quarry site operations must function to achieve compliance with Provincial regulations, standards and guidelines such that established levels of adverse impacts at the existing residences between quarry and the proposed lots are not exceeded.

Agency Comments Planning staff and Cataraqui Conservation staff visited the subject lands with the applicant as part of the pre-application process. Cataraqui Conservation staff indicated that there was no evidence of surficial karst in the areas we looked at. In their formal comments on the consent applications for the residential lots, they recommended that if the severances proceeded, that any development agreement include a clause stating that should karst features (e.g. fissures, crevices, sinkholes, etc.) be encountered on the subject lands during construction/ excavation of the site, the owner will need to contact CRCA staff to determine appropriate actions which would include additional assessment by a qualified professional to determine the extent and risks associated with karst at the property. They identified a watercourse on the retained parcel, and noted that there is sufficient area for any future development to be located more than 30 metres from the watercourse. They recommended that native vegetation (trees, shrubs, native plants) within 30 metres of watercourses be kept in place and enhanced, to help stabilize soils. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The consent applications need to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Lake Trout Lake A portion of the property that is subject to the consent applications for two new lots is within 300 metres of the West Basin of Loughborough Lake, which is an at-capacity lake trout lake.

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The PPS requires development to be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored, which may require mitigative measures and/or alternative development approaches (section 4.2.2). The County Official Plan states that new lot creation shall not be allowed within 300 metres of at-capacity lake trout lakes (section 7.1.4.4.1). It also requires the Township Official Plan to contain policies to protect these lakes and policies on exceptions to the prohibition. Section 5.2.8(a)(ii) of the Township Official Plan generally prohibits new lot creation within 300 metres of an at-capacity (highly sensitive) lake trout lake. The severed parcels would be more than 300 metres from the lake and therefore conform to this policy. The retained parcel would continue to be considered a lot of record for the purpose of section 5.2.8(a)(i) of the Official Plan. This policy permits new development on a lot of record subject to a minimum 30 metre setback from the highwater mark. The retained parcel is 200 metres from Loughborough Lake at the closest point. Development is not proposed at this time. Proximity to Quarry The PPS indicates that mineral aggregate resources shall be protected for long-term use (section 4.5.1). It also requires mineral aggregate operations (e.g. pits and quarries) to be protected form development and activities that would preclude or hinder their expansion or continued used or which would be incompatible for reasons of public health, public safety or environmental impact (section 4.5.4). The County Official Plan contains policies that are consistent with the PPS. The Township Official Plan intends to protect wherever possible and practical sand and gravel resources and a reasonable amount of bedrock resources for aggregate extraction and to ensure that resources are utilized in accordance with the proper controls. The quarry on Sydenham Road is designated “Mineral Aggregate” and is zoned Quarry ‘A’ (QA). The Township Official Plan recognizes the concept of an influence area as a means of protecting mineral aggregate and existing quarries from incompatible land uses. For this reason, the Official Plan prohibits residential land uses within 300 metres of an existing or proposed quarry. The Official Plan also intends to prevent incompatible lands uses less than 500 metres but more than 300 metres from an existing quarry. The 500 metre influence area is not meant to be a strict buffer or setback area in which development is prohibited. Rather, it is an area where impacts may occur or may be experienced, and development may occur subject to a technical assessment. These policies are implemented through the Zoning By-law. Section 5.34.2 of the Zoning By-law specifies that residential land uses may be permitted between 300 metres and 500 metres of an existing quarry provided a minor variance or rezoning application is approved by the Township. A land use compatibility study is required in support of such proposals. Lot 1 would be 300 metres from the quarry and Lot 2 would be 413 metres from the quarry. The Planning Justification and Land Use Compatibility Report (The Boulevard Group, October 2025) concluded that the approval of the severance applications and the minor variance application will not result in any incompatibility with the quarry, as described www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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above. Therefore, the minor variance would maintain the intent and purpose of the Official Plan and Zoning By-law. Limited Service Residential Uses The property that is subject to the consent applications for two new lots is designated Rural in the Township Official Plan. It is zoned Limited Service Residential (RLS) in Zoning Bylaw No. 2003-75, as amended. The PPS and the County Official Plan speak to permitting residential development that is sensitive to the surroundings and where site conditions are suitable for the provision of appropriate sewage and water services. The Township Official Plan permits a wide range of uses in the Rural designation including limited service residential uses. The type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. Section 5.7.7(c) of Township Official Plan does not permit non-waterfront residential lots on private lanes where the lane services primarily waterfront residential development. This policy does not apply to the subject applications because Winding Creek Lane and Burega Lane are used by both non-waterfront lots and waterfront lots, as well as for agricultural field access. The property that is subject to the consent applications for two new lots has deeded access over the Winding Creek Lane right-of-way from Sydenham Road. This right-of-way would carry forward to Lot 1. Lot 2 is proposed to be granted access over the existing Burega Lane right-of-way beginning at Sydenham Road and ending at the eastern edge of the lot’s frontage. The rights-of-way do not need to be resurveyed. The lanes do not need to be upgraded to the Township’s private lane standards, per the Official Plan. Section 5.7.7(b) of the Township Official Plan indicates that a maximum of three limited service residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for a severance under Section 5.7.7, as there have been no previous severances from the subject property since the adoption of the Township Official Plan. Section 5.7.7(a) of the Township Official Plan requires any lot created for limited service residential purposes to have a frontage, size and shape that is appropriate for the proposed use and that conforms to the Zoning By-law provisions. The subject property is zoned RLS, which requires a minimum 0.8 hectare (2 acre) lot area and 76 metre frontage on a private lane. The severed parcels and the retained parcel would exceed these requirements. Lot 1 would be 2.5 acres in size. It would have 87 metres frontage on Winding Creek Lane and 113 metres frontage on Burega Lane. Lot 2 would be 2.5 acres in size and have 113 metres frontage on Burega Lane. Staff recommend that the Committee approve the lots with a minimum 2 acre lot area to provide the Ontario Land Surveyor flexibility in surveying the lots to ensure that there is sufficient overlap between the frontage for Lot 2 and the Burega Lane right-of-way for a safe driveway entrance. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Special Development Requirements Staff recommend that a development agreement be a condition of the consent approvals. The development agreement would be used to notify potential purchasers and future owners about special requirements that will apply to development of the severed parcels. Cataraqui Conservation noted that the subject lands are in an area of inferred karst. The development agreement would make people aware of this potential, and provide direction on what to do if karst features are encountered during construction/excavation of the site. The development agreement would also make people aware of the limitations associated with private lane access including the requirement for private maintenance and the lack of municipal maintenance and services. Conclusion The consent applications meet the criteria outlined in section 51(24) of the Planning Act, do not require a plan of subdivision for the proper and orderly development of the municipality, are consistent with the PPS, and conform to the County and Township Official Plans. The severed parcels and retained parcel will comply with the Zoning By-law. It is the opinion of Planning staff that allowing two new residential lots to be located 300 metres from an existing quarry meet the four tests for a minor variance – the variances maintain the general intent and purpose of the Official Plan and Zoning By-law, they are desirable for the appropriate development of the lands, and they are minor in nature. Notice/Consultation Notice of the Statutory Public Hearings was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearings. This included notice given: • • •

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

Recommendations It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve:

  1. Applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107, each for consent to sever one new residential lot from the property with roll number 102904006001840 and legal description Parts 1 and 24 on 13R14183, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 1 and 2.
  2. Application PL-BDJ-2025-0108 for consent for a right-of-way over 3624 Sydenham Road, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 3. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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  1. Application PL-BDJ-2025-0109 for consent for a right-of-way over 1079 Burega Lane, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 4.
  2. Application PL-ZNA-2025-0110 such that the severed parcels from consent applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107 are permitted to be at least 300 metres from the quarry on the west side of Sydenham Road. Report Prepared By: Christine Woods, RPP, MCIP, Manager of Planning Attachment 1. Recommended Conditions for Application PL-BDJ-2025-0106 Expiry Period
  3. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  4. The lands to be severed shall be for the creation of one new residential lot a minimum of 0.8 hectares (2 acres) in area with a minimum of 87 metres frontage on Winding Creek Lane. The lot area, frontage and configuration of the proposed severed lot shall be consistent with application sketch. Survey/Reference Plan or Registerable Description
  5. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  6. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  7. The lawyer for the owner shall submit the pertinent documentation noting all servient and dominant lands for legal right-of-way along Winding Creek Lane in draft to the Secretary-Treasurer for review prior to registration. Municipal Requirements

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  1. 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.
  2. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1), By-law 2023-104].
  3. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel.
  4. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  5. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Notice regarding what to do if karst features are encountered during construction/excavation of the site; b. Notice regarding compliance with the Endangered Species Act; c. Notice regarding archeological resources and human remains; and d. Notice regarding limited municipal liability and services on a private lane.
  6. The subject lands are subject to two provisionally-approved consent applications. The new lots shall be registered in sequence of PL-BDJ-2025-0106 first and PLBDJ-2025-0107 second. Zoning
  7. The applicant is required to obtain a minor variance from Zoning By-law No. 200375, as amended, to permit the severed parcel to be at least 300 metres from the quarry on the west side of Sydenham Road.
  8. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Attachment 2. Recommended Conditions for Application PL-BDJ-2025-0107 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  2. The lands to be severed shall be for the creation of one new residential lot a minimum of 0.8 hectares (2 acres) in area with a minimum of 113 metres frontage on Burega Lane. The lot area, frontage and configuration of the proposed severed lot shall be consistent with application sketch. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The Ontario Land Surveyor shall also confirm that there is that there is sufficient overlap between the frontage of the severed parcel and the Burega Lane right-ofway for a safe driveway entrance approximately 6 metres wide. 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), By-law 2023-104].
  8. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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  1. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  2. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Notice regarding what to do if karst features are encountered during construction/excavation of the site; b. Notice regarding compliance with the Endangered Species Act; c. Notice regarding archeological resources and human remains; and d. Notice regarding limited municipal liability and services on a private lane.
  3. The subject lands are subject to two provisionally-approved consent applications. The new lots shall be registered in sequence of PL-BDJ-2025-0106 first and PLBDJ-2025-0107 second.
  4. The lawyer for the owner shall submit a Solicitors Personal Undertaking to ensure registration of Transfer Easement created by consent application PL-BDJ-20250108, in favour of the severed parcel, within six (6) months of the Certificate of Official being signed by the Township of South Frontenac.
  5. The lawyer for the owner shall submit a Solicitors Personal Undertaking to ensure registration of Transfer Easement created by consent application PL-BDJ-20250109, in favour of the severed parcel, within six (6) months of the Certificate of Official being signed by the Township of South Frontenac. Zoning
  6. The applicant is required to obtain a minor variance from Zoning By-law No. 200375, as amended, to permit the severed parcel to be at least 300 metres from the quarry on the west side of Sydenham Road.
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Attachment 3. Recommended Conditions for Application PL-BDJ-2025-0108 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Survey/Reference Plan or Registerable Description
  2. Consent is granted for an approximately 15 metre wide and 360 metre long right-ofway to be registered in favour of the severed parcel from application PL-BDJ-20250107 (Part of PIN 36278-1009) to provide legal access over Burega Lane beginning at Sydenham Road.
  3. An acceptable reference plan or legal description of the right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the right-of-way, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The lawyer shall submit the pertinent documentation noting all servient and dominant lands for the Burega Lane right-of-way in draft to the Secretary-Treasurer for review prior to registration. 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. Zoning
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Attachment 4. Recommended Conditions for Application PL-BDJ-2025-0109 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Survey/Reference Plan or Registerable Description
  2. Consent is granted for an approximately 15 metre wide and 51 metre long right-ofway to be registered in favour of the severed parcel from application PL-BDJ-20250107 to provide legal access over Burega Lane beginning at Sydenham Road.
  3. An acceptable reference plan or legal description of the right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the right-of-way, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The lawyer shall submit the pertinent documentation noting all servient and dominant lands for the Burega Lane right-of-way in draft to the Secretary-Treasurer for review prior to registration. 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. Zoning
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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To:

Committee of Adjustment

Prepared by:

Development Services Department

Meeting Date:

November 13, 2025

Subject:

Consent Applications PL-BDJ-2025-0106 to 0109, Minor Variance Application PL-ZNA-2025-0110, Winding Creek Lane and Burega Lane, Loughborough District

Summary The consent applications are for the creation of two residential lots and a right-of-way. The minor variance application relates to the location of the lots relative to a quarry. This report recommends approval of the applications. Background The properties that are subject to these applications are located east of Sydenham Road and north of Loughborough Lake. Applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107 are for the creation of two vacant residential lots from a vacant, 18 acre property on Winding Creek Lane. Lot 1 (PL-BDJ-2025-0106) would be 2.5 acres in size. It would have 87 metres frontage on Winding Creek Lane and 113 metres frontage on Burega Lane. It would be accessed off Winding Creek Lane only. Staff note that the public notices incorrectly say that Lot 1 would be accessed off Burega Lane. Lot 2 (PL-BDJ-2025-0107) would be 2.5 acres in size and have 113 metres frontage on Burega Lane. Burega Lane is owned by several individuals. Applications PL-BDJ-20250108 and PL-BDJ-2025-0109 are for a right-of-way in favour of Lot 2 over the first two sections of the lane beginning at Sydenham Road. The total length of the rights-of-way would be approximately 410 metres. There is a licensed quarry on Sydenham Road. Minor variance application PL-ZNA-20250110 is requesting permission for the new lots to be at least 300 metres from this quarry. Supporting Documents A Planning Justification and Land Use Compatibility Report (The Boulevard Group, October 2025) was submitted in support of the applications for new lot creation and minor variance due to how close the subject property is to a licensed quarry. The proposed lots would be at least 300 metres from the quarry. The report found that sufficient buffering exists between the quarry and the proposed lots to minimize adverse effects. More specifically, www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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• • • • •

Sydenham Road accommodates a large volume of daily traffic and generates a relatively consistent noise source that is not experienced on the private lanes. Limited impacts and adverse effects from litter, dust and other particulates due to distance from quarry entrance. The quarry is licenced for extraction above the water table. The hours of quarry operations restricted per the Township’s noise by-law 2015-41, as amended. The quarry site operations must function to achieve compliance with Provincial regulations, standards and guidelines such that established levels of adverse impacts at the existing residences between quarry and the proposed lots are not exceeded.

Agency Comments Planning staff and Cataraqui Conservation staff visited the subject lands with the applicant as part of the pre-application process. Cataraqui Conservation staff indicated that there was no evidence of surficial karst in the areas we looked at. In their formal comments on the consent applications for the residential lots, they recommended that if the severances proceeded, that any development agreement include a clause stating that should karst features (e.g. fissures, crevices, sinkholes, etc.) be encountered on the subject lands during construction/ excavation of the site, the owner will need to contact CRCA staff to determine appropriate actions which would include additional assessment by a qualified professional to determine the extent and risks associated with karst at the property. They identified a watercourse on the retained parcel, and noted that there is sufficient area for any future development to be located more than 30 metres from the watercourse. They recommended that native vegetation (trees, shrubs, native plants) within 30 metres of watercourses be kept in place and enhanced, to help stabilize soils. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The consent applications need to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Lake Trout Lake A portion of the property that is subject to the consent applications for two new lots is within 300 metres of the West Basin of Loughborough Lake, which is an at-capacity lake trout lake.

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The PPS requires development to be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored, which may require mitigative measures and/or alternative development approaches (section 4.2.2). The County Official Plan states that new lot creation shall not be allowed within 300 metres of at-capacity lake trout lakes (section 7.1.4.4.1). It also requires the Township Official Plan to contain policies to protect these lakes and policies on exceptions to the prohibition. Section 5.2.8(a)(ii) of the Township Official Plan generally prohibits new lot creation within 300 metres of an at-capacity (highly sensitive) lake trout lake. The severed parcels would be more than 300 metres from the lake and therefore conform to this policy. The retained parcel would continue to be considered a lot of record for the purpose of section 5.2.8(a)(i) of the Official Plan. This policy permits new development on a lot of record subject to a minimum 30 metre setback from the highwater mark. The retained parcel is 200 metres from Loughborough Lake at the closest point. Development is not proposed at this time. Proximity to Quarry The PPS indicates that mineral aggregate resources shall be protected for long-term use (section 4.5.1). It also requires mineral aggregate operations (e.g. pits and quarries) to be protected form development and activities that would preclude or hinder their expansion or continued used or which would be incompatible for reasons of public health, public safety or environmental impact (section 4.5.4). The County Official Plan contains policies that are consistent with the PPS. The Township Official Plan intends to protect wherever possible and practical sand and gravel resources and a reasonable amount of bedrock resources for aggregate extraction and to ensure that resources are utilized in accordance with the proper controls. The quarry on Sydenham Road is designated “Mineral Aggregate” and is zoned Quarry ‘A’ (QA). The Township Official Plan recognizes the concept of an influence area as a means of protecting mineral aggregate and existing quarries from incompatible land uses. For this reason, the Official Plan prohibits residential land uses within 300 metres of an existing or proposed quarry. The Official Plan also intends to prevent incompatible lands uses less than 500 metres but more than 300 metres from an existing quarry. The 500 metre influence area is not meant to be a strict buffer or setback area in which development is prohibited. Rather, it is an area where impacts may occur or may be experienced, and development may occur subject to a technical assessment. These policies are implemented through the Zoning By-law. Section 5.34.2 of the Zoning By-law specifies that residential land uses may be permitted between 300 metres and 500 metres of an existing quarry provided a minor variance or rezoning application is approved by the Township. A land use compatibility study is required in support of such proposals. Lot 1 would be 300 metres from the quarry and Lot 2 would be 413 metres from the quarry. The Planning Justification and Land Use Compatibility Report (The Boulevard Group, October 2025) concluded that the approval of the severance applications and the minor variance application will not result in any incompatibility with the quarry, as described www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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above. Therefore, the minor variance would maintain the intent and purpose of the Official Plan and Zoning By-law. Limited Service Residential Uses The property that is subject to the consent applications for two new lots is designated Rural in the Township Official Plan. It is zoned Limited Service Residential (RLS) in Zoning Bylaw No. 2003-75, as amended. The PPS and the County Official Plan speak to permitting residential development that is sensitive to the surroundings and where site conditions are suitable for the provision of appropriate sewage and water services. The Township Official Plan permits a wide range of uses in the Rural designation including limited service residential uses. The type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. Section 5.7.7(c) of Township Official Plan does not permit non-waterfront residential lots on private lanes where the lane services primarily waterfront residential development. This policy does not apply to the subject applications because Winding Creek Lane and Burega Lane are used by both non-waterfront lots and waterfront lots, as well as for agricultural field access. The property that is subject to the consent applications for two new lots has deeded access over the Winding Creek Lane right-of-way from Sydenham Road. This right-of-way would carry forward to Lot 1. Lot 2 is proposed to be granted access over the existing Burega Lane right-of-way beginning at Sydenham Road and ending at the eastern edge of the lot’s frontage. The rights-of-way do not need to be resurveyed. The lanes do not need to be upgraded to the Township’s private lane standards, per the Official Plan. Section 5.7.7(b) of the Township Official Plan indicates that a maximum of three limited service residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for a severance under Section 5.7.7, as there have been no previous severances from the subject property since the adoption of the Township Official Plan. Section 5.7.7(a) of the Township Official Plan requires any lot created for limited service residential purposes to have a frontage, size and shape that is appropriate for the proposed use and that conforms to the Zoning By-law provisions. The subject property is zoned RLS, which requires a minimum 0.8 hectare (2 acre) lot area and 76 metre frontage on a private lane. The severed parcels and the retained parcel would exceed these requirements. Lot 1 would be 2.5 acres in size. It would have 87 metres frontage on Winding Creek Lane and 113 metres frontage on Burega Lane. Lot 2 would be 2.5 acres in size and have 113 metres frontage on Burega Lane. Staff recommend that the Committee approve the lots with a minimum 2 acre lot area to provide the Ontario Land Surveyor flexibility in surveying the lots to ensure that there is sufficient overlap between the frontage for Lot 2 and the Burega Lane right-of-way for a safe driveway entrance. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Special Development Requirements Staff recommend that a development agreement be a condition of the consent approvals. The development agreement would be used to notify potential purchasers and future owners about special requirements that will apply to development of the severed parcels. Cataraqui Conservation noted that the subject lands are in an area of inferred karst. The development agreement would make people aware of this potential, and provide direction on what to do if karst features are encountered during construction/excavation of the site. The development agreement would also make people aware of the limitations associated with private lane access including the requirement for private maintenance and the lack of municipal maintenance and services. Conclusion The consent applications meet the criteria outlined in section 51(24) of the Planning Act, do not require a plan of subdivision for the proper and orderly development of the municipality, are consistent with the PPS, and conform to the County and Township Official Plans. The severed parcels and retained parcel will comply with the Zoning By-law. It is the opinion of Planning staff that allowing two new residential lots to be located 300 metres from an existing quarry meet the four tests for a minor variance – the variances maintain the general intent and purpose of the Official Plan and Zoning By-law, they are desirable for the appropriate development of the lands, and they are minor in nature. Notice/Consultation Notice of the Statutory Public Hearings was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearings. This included notice given: • • •

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

Recommendations It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve:

  1. Applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107, each for consent to sever one new residential lot from the property with roll number 102904006001840 and legal description Parts 1 and 24 on 13R14183, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 1 and 2.
  2. Application PL-BDJ-2025-0108 for consent for a right-of-way over 3624 Sydenham Road, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 3. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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  1. Application PL-BDJ-2025-0109 for consent for a right-of-way over 1079 Burega Lane, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 4.
  2. Application PL-ZNA-2025-0110 such that the severed parcels from consent applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107 are permitted to be at least 300 metres from the quarry on the west side of Sydenham Road. Report Prepared By: Christine Woods, RPP, MCIP, Manager of Planning Attachment 1. Recommended Conditions for Application PL-BDJ-2025-0106 Expiry Period
  3. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  4. The lands to be severed shall be for the creation of one new residential lot a minimum of 0.8 hectares (2 acres) in area with a minimum of 87 metres frontage on Winding Creek Lane. The lot area, frontage and configuration of the proposed severed lot shall be consistent with application sketch. Survey/Reference Plan or Registerable Description
  5. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  6. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  7. The lawyer for the owner shall submit the pertinent documentation noting all servient and dominant lands for legal right-of-way along Winding Creek Lane in draft to the Secretary-Treasurer for review prior to registration. Municipal Requirements

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  1. 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.
  2. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1), By-law 2023-104].
  3. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel.
  4. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  5. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Notice regarding what to do if karst features are encountered during construction/excavation of the site; b. Notice regarding compliance with the Endangered Species Act; c. Notice regarding archeological resources and human remains; and d. Notice regarding limited municipal liability and services on a private lane.
  6. The subject lands are subject to two provisionally-approved consent applications. The new lots shall be registered in sequence of PL-BDJ-2025-0106 first and PLBDJ-2025-0107 second. Zoning
  7. The applicant is required to obtain a minor variance from Zoning By-law No. 200375, as amended, to permit the severed parcel to be at least 300 metres from the quarry on the west side of Sydenham Road.
  8. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Attachment 2. Recommended Conditions for Application PL-BDJ-2025-0107 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  2. The lands to be severed shall be for the creation of one new residential lot a minimum of 0.8 hectares (2 acres) in area with a minimum of 113 metres frontage on Burega Lane. The lot area, frontage and configuration of the proposed severed lot shall be consistent with application sketch. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The Ontario Land Surveyor shall also confirm that there is that there is sufficient overlap between the frontage of the severed parcel and the Burega Lane right-ofway for a safe driveway entrance approximately 6 metres wide. 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), By-law 2023-104].
  8. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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  1. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  2. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Notice regarding what to do if karst features are encountered during construction/excavation of the site; b. Notice regarding compliance with the Endangered Species Act; c. Notice regarding archeological resources and human remains; and d. Notice regarding limited municipal liability and services on a private lane.
  3. The subject lands are subject to two provisionally-approved consent applications. The new lots shall be registered in sequence of PL-BDJ-2025-0106 first and PLBDJ-2025-0107 second.
  4. The lawyer for the owner shall submit a Solicitors Personal Undertaking to ensure registration of Transfer Easement created by consent application PL-BDJ-20250108, in favour of the severed parcel, within six (6) months of the Certificate of Official being signed by the Township of South Frontenac.
  5. The lawyer for the owner shall submit a Solicitors Personal Undertaking to ensure registration of Transfer Easement created by consent application PL-BDJ-20250109, in favour of the severed parcel, within six (6) months of the Certificate of Official being signed by the Township of South Frontenac. Zoning
  6. The applicant is required to obtain a minor variance from Zoning By-law No. 200375, as amended, to permit the severed parcel to be at least 300 metres from the quarry on the west side of Sydenham Road.
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Attachment 3. Recommended Conditions for Application PL-BDJ-2025-0108 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Survey/Reference Plan or Registerable Description
  2. Consent is granted for an approximately 15 metre wide and 360 metre long right-ofway to be registered in favour of the severed parcel from application PL-BDJ-20250107 (Part of PIN 36278-1009) to provide legal access over Burega Lane beginning at Sydenham Road.
  3. An acceptable reference plan or legal description of the right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the right-of-way, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The lawyer shall submit the pertinent documentation noting all servient and dominant lands for the Burega Lane right-of-way in draft to the Secretary-Treasurer for review prior to registration. 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. Zoning
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Attachment 4. Recommended Conditions for Application PL-BDJ-2025-0109 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Survey/Reference Plan or Registerable Description
  2. Consent is granted for an approximately 15 metre wide and 51 metre long right-ofway to be registered in favour of the severed parcel from application PL-BDJ-20250107 to provide legal access over Burega Lane beginning at Sydenham Road.
  3. An acceptable reference plan or legal description of the right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the right-of-way, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The lawyer shall submit the pertinent documentation noting all servient and dominant lands for the Burega Lane right-of-way in draft to the Secretary-Treasurer for review prior to registration. 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. Zoning
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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To:

Committee of Adjustment

Prepared by:

Development Services Department

Meeting Date:

November 13, 2025

Subject:

Consent Applications PL-BDJ-2025-0106 to 0109, Minor Variance Application PL-ZNA-2025-0110, Winding Creek Lane and Burega Lane, Loughborough District

Summary The consent applications are for the creation of two residential lots and a right-of-way. The minor variance application relates to the location of the lots relative to a quarry. This report recommends approval of the applications. Background The properties that are subject to these applications are located east of Sydenham Road and north of Loughborough Lake. Applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107 are for the creation of two vacant residential lots from a vacant, 18 acre property on Winding Creek Lane. Lot 1 (PL-BDJ-2025-0106) would be 2.5 acres in size. It would have 87 metres frontage on Winding Creek Lane and 113 metres frontage on Burega Lane. It would be accessed off Winding Creek Lane only. Staff note that the public notices incorrectly say that Lot 1 would be accessed off Burega Lane. Lot 2 (PL-BDJ-2025-0107) would be 2.5 acres in size and have 113 metres frontage on Burega Lane. Burega Lane is owned by several individuals. Applications PL-BDJ-20250108 and PL-BDJ-2025-0109 are for a right-of-way in favour of Lot 2 over the first two sections of the lane beginning at Sydenham Road. The total length of the rights-of-way would be approximately 410 metres. There is a licensed quarry on Sydenham Road. Minor variance application PL-ZNA-20250110 is requesting permission for the new lots to be at least 300 metres from this quarry. Supporting Documents A Planning Justification and Land Use Compatibility Report (The Boulevard Group, October 2025) was submitted in support of the applications for new lot creation and minor variance due to how close the subject property is to a licensed quarry. The proposed lots would be at least 300 metres from the quarry. The report found that sufficient buffering exists between the quarry and the proposed lots to minimize adverse effects. More specifically, www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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• • • • •

Sydenham Road accommodates a large volume of daily traffic and generates a relatively consistent noise source that is not experienced on the private lanes. Limited impacts and adverse effects from litter, dust and other particulates due to distance from quarry entrance. The quarry is licenced for extraction above the water table. The hours of quarry operations restricted per the Township’s noise by-law 2015-41, as amended. The quarry site operations must function to achieve compliance with Provincial regulations, standards and guidelines such that established levels of adverse impacts at the existing residences between quarry and the proposed lots are not exceeded.

Agency Comments Planning staff and Cataraqui Conservation staff visited the subject lands with the applicant as part of the pre-application process. Cataraqui Conservation staff indicated that there was no evidence of surficial karst in the areas we looked at. In their formal comments on the consent applications for the residential lots, they recommended that if the severances proceeded, that any development agreement include a clause stating that should karst features (e.g. fissures, crevices, sinkholes, etc.) be encountered on the subject lands during construction/ excavation of the site, the owner will need to contact CRCA staff to determine appropriate actions which would include additional assessment by a qualified professional to determine the extent and risks associated with karst at the property. They identified a watercourse on the retained parcel, and noted that there is sufficient area for any future development to be located more than 30 metres from the watercourse. They recommended that native vegetation (trees, shrubs, native plants) within 30 metres of watercourses be kept in place and enhanced, to help stabilize soils. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The consent applications need to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Lake Trout Lake A portion of the property that is subject to the consent applications for two new lots is within 300 metres of the West Basin of Loughborough Lake, which is an at-capacity lake trout lake.

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The PPS requires development to be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored, which may require mitigative measures and/or alternative development approaches (section 4.2.2). The County Official Plan states that new lot creation shall not be allowed within 300 metres of at-capacity lake trout lakes (section 7.1.4.4.1). It also requires the Township Official Plan to contain policies to protect these lakes and policies on exceptions to the prohibition. Section 5.2.8(a)(ii) of the Township Official Plan generally prohibits new lot creation within 300 metres of an at-capacity (highly sensitive) lake trout lake. The severed parcels would be more than 300 metres from the lake and therefore conform to this policy. The retained parcel would continue to be considered a lot of record for the purpose of section 5.2.8(a)(i) of the Official Plan. This policy permits new development on a lot of record subject to a minimum 30 metre setback from the highwater mark. The retained parcel is 200 metres from Loughborough Lake at the closest point. Development is not proposed at this time. Proximity to Quarry The PPS indicates that mineral aggregate resources shall be protected for long-term use (section 4.5.1). It also requires mineral aggregate operations (e.g. pits and quarries) to be protected form development and activities that would preclude or hinder their expansion or continued used or which would be incompatible for reasons of public health, public safety or environmental impact (section 4.5.4). The County Official Plan contains policies that are consistent with the PPS. The Township Official Plan intends to protect wherever possible and practical sand and gravel resources and a reasonable amount of bedrock resources for aggregate extraction and to ensure that resources are utilized in accordance with the proper controls. The quarry on Sydenham Road is designated “Mineral Aggregate” and is zoned Quarry ‘A’ (QA). The Township Official Plan recognizes the concept of an influence area as a means of protecting mineral aggregate and existing quarries from incompatible land uses. For this reason, the Official Plan prohibits residential land uses within 300 metres of an existing or proposed quarry. The Official Plan also intends to prevent incompatible lands uses less than 500 metres but more than 300 metres from an existing quarry. The 500 metre influence area is not meant to be a strict buffer or setback area in which development is prohibited. Rather, it is an area where impacts may occur or may be experienced, and development may occur subject to a technical assessment. These policies are implemented through the Zoning By-law. Section 5.34.2 of the Zoning By-law specifies that residential land uses may be permitted between 300 metres and 500 metres of an existing quarry provided a minor variance or rezoning application is approved by the Township. A land use compatibility study is required in support of such proposals. Lot 1 would be 300 metres from the quarry and Lot 2 would be 413 metres from the quarry. The Planning Justification and Land Use Compatibility Report (The Boulevard Group, October 2025) concluded that the approval of the severance applications and the minor variance application will not result in any incompatibility with the quarry, as described www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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above. Therefore, the minor variance would maintain the intent and purpose of the Official Plan and Zoning By-law. Limited Service Residential Uses The property that is subject to the consent applications for two new lots is designated Rural in the Township Official Plan. It is zoned Limited Service Residential (RLS) in Zoning Bylaw No. 2003-75, as amended. The PPS and the County Official Plan speak to permitting residential development that is sensitive to the surroundings and where site conditions are suitable for the provision of appropriate sewage and water services. The Township Official Plan permits a wide range of uses in the Rural designation including limited service residential uses. The type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. Section 5.7.7(c) of Township Official Plan does not permit non-waterfront residential lots on private lanes where the lane services primarily waterfront residential development. This policy does not apply to the subject applications because Winding Creek Lane and Burega Lane are used by both non-waterfront lots and waterfront lots, as well as for agricultural field access. The property that is subject to the consent applications for two new lots has deeded access over the Winding Creek Lane right-of-way from Sydenham Road. This right-of-way would carry forward to Lot 1. Lot 2 is proposed to be granted access over the existing Burega Lane right-of-way beginning at Sydenham Road and ending at the eastern edge of the lot’s frontage. The rights-of-way do not need to be resurveyed. The lanes do not need to be upgraded to the Township’s private lane standards, per the Official Plan. Section 5.7.7(b) of the Township Official Plan indicates that a maximum of three limited service residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for a severance under Section 5.7.7, as there have been no previous severances from the subject property since the adoption of the Township Official Plan. Section 5.7.7(a) of the Township Official Plan requires any lot created for limited service residential purposes to have a frontage, size and shape that is appropriate for the proposed use and that conforms to the Zoning By-law provisions. The subject property is zoned RLS, which requires a minimum 0.8 hectare (2 acre) lot area and 76 metre frontage on a private lane. The severed parcels and the retained parcel would exceed these requirements. Lot 1 would be 2.5 acres in size. It would have 87 metres frontage on Winding Creek Lane and 113 metres frontage on Burega Lane. Lot 2 would be 2.5 acres in size and have 113 metres frontage on Burega Lane. Staff recommend that the Committee approve the lots with a minimum 2 acre lot area to provide the Ontario Land Surveyor flexibility in surveying the lots to ensure that there is sufficient overlap between the frontage for Lot 2 and the Burega Lane right-of-way for a safe driveway entrance. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Special Development Requirements Staff recommend that a development agreement be a condition of the consent approvals. The development agreement would be used to notify potential purchasers and future owners about special requirements that will apply to development of the severed parcels. Cataraqui Conservation noted that the subject lands are in an area of inferred karst. The development agreement would make people aware of this potential, and provide direction on what to do if karst features are encountered during construction/excavation of the site. The development agreement would also make people aware of the limitations associated with private lane access including the requirement for private maintenance and the lack of municipal maintenance and services. Conclusion The consent applications meet the criteria outlined in section 51(24) of the Planning Act, do not require a plan of subdivision for the proper and orderly development of the municipality, are consistent with the PPS, and conform to the County and Township Official Plans. The severed parcels and retained parcel will comply with the Zoning By-law. It is the opinion of Planning staff that allowing two new residential lots to be located 300 metres from an existing quarry meet the four tests for a minor variance – the variances maintain the general intent and purpose of the Official Plan and Zoning By-law, they are desirable for the appropriate development of the lands, and they are minor in nature. Notice/Consultation Notice of the Statutory Public Hearings was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearings. This included notice given: • • •

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

Recommendations It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve:

  1. Applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107, each for consent to sever one new residential lot from the property with roll number 102904006001840 and legal description Parts 1 and 24 on 13R14183, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 1 and 2.
  2. Application PL-BDJ-2025-0108 for consent for a right-of-way over 3624 Sydenham Road, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 3. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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  1. Application PL-BDJ-2025-0109 for consent for a right-of-way over 1079 Burega Lane, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 4.
  2. Application PL-ZNA-2025-0110 such that the severed parcels from consent applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107 are permitted to be at least 300 metres from the quarry on the west side of Sydenham Road. Report Prepared By: Christine Woods, RPP, MCIP, Manager of Planning Attachment 1. Recommended Conditions for Application PL-BDJ-2025-0106 Expiry Period
  3. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  4. The lands to be severed shall be for the creation of one new residential lot a minimum of 0.8 hectares (2 acres) in area with a minimum of 87 metres frontage on Winding Creek Lane. The lot area, frontage and configuration of the proposed severed lot shall be consistent with application sketch. Survey/Reference Plan or Registerable Description
  5. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  6. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  7. The lawyer for the owner shall submit the pertinent documentation noting all servient and dominant lands for legal right-of-way along Winding Creek Lane in draft to the Secretary-Treasurer for review prior to registration. Municipal Requirements

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  1. 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.
  2. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1), By-law 2023-104].
  3. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel.
  4. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  5. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Notice regarding what to do if karst features are encountered during construction/excavation of the site; b. Notice regarding compliance with the Endangered Species Act; c. Notice regarding archeological resources and human remains; and d. Notice regarding limited municipal liability and services on a private lane.
  6. The subject lands are subject to two provisionally-approved consent applications. The new lots shall be registered in sequence of PL-BDJ-2025-0106 first and PLBDJ-2025-0107 second. Zoning
  7. The applicant is required to obtain a minor variance from Zoning By-law No. 200375, as amended, to permit the severed parcel to be at least 300 metres from the quarry on the west side of Sydenham Road.
  8. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Attachment 2. Recommended Conditions for Application PL-BDJ-2025-0107 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  2. The lands to be severed shall be for the creation of one new residential lot a minimum of 0.8 hectares (2 acres) in area with a minimum of 113 metres frontage on Burega Lane. The lot area, frontage and configuration of the proposed severed lot shall be consistent with application sketch. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The Ontario Land Surveyor shall also confirm that there is that there is sufficient overlap between the frontage of the severed parcel and the Burega Lane right-ofway for a safe driveway entrance approximately 6 metres wide. 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), By-law 2023-104].
  8. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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  1. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  2. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Notice regarding what to do if karst features are encountered during construction/excavation of the site; b. Notice regarding compliance with the Endangered Species Act; c. Notice regarding archeological resources and human remains; and d. Notice regarding limited municipal liability and services on a private lane.
  3. The subject lands are subject to two provisionally-approved consent applications. The new lots shall be registered in sequence of PL-BDJ-2025-0106 first and PLBDJ-2025-0107 second.
  4. The lawyer for the owner shall submit a Solicitors Personal Undertaking to ensure registration of Transfer Easement created by consent application PL-BDJ-20250108, in favour of the severed parcel, within six (6) months of the Certificate of Official being signed by the Township of South Frontenac.
  5. The lawyer for the owner shall submit a Solicitors Personal Undertaking to ensure registration of Transfer Easement created by consent application PL-BDJ-20250109, in favour of the severed parcel, within six (6) months of the Certificate of Official being signed by the Township of South Frontenac. Zoning
  6. The applicant is required to obtain a minor variance from Zoning By-law No. 200375, as amended, to permit the severed parcel to be at least 300 metres from the quarry on the west side of Sydenham Road.
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Attachment 3. Recommended Conditions for Application PL-BDJ-2025-0108 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Survey/Reference Plan or Registerable Description
  2. Consent is granted for an approximately 15 metre wide and 360 metre long right-ofway to be registered in favour of the severed parcel from application PL-BDJ-20250107 (Part of PIN 36278-1009) to provide legal access over Burega Lane beginning at Sydenham Road.
  3. An acceptable reference plan or legal description of the right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the right-of-way, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The lawyer shall submit the pertinent documentation noting all servient and dominant lands for the Burega Lane right-of-way in draft to the Secretary-Treasurer for review prior to registration. 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. Zoning
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Attachment 4. Recommended Conditions for Application PL-BDJ-2025-0109 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Survey/Reference Plan or Registerable Description
  2. Consent is granted for an approximately 15 metre wide and 51 metre long right-ofway to be registered in favour of the severed parcel from application PL-BDJ-20250107 to provide legal access over Burega Lane beginning at Sydenham Road.
  3. An acceptable reference plan or legal description of the right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the right-of-way, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The lawyer shall submit the pertinent documentation noting all servient and dominant lands for the Burega Lane right-of-way in draft to the Secretary-Treasurer for review prior to registration. 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. Zoning
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Tarnowecky Law Professional Corporation 705 ARLINGTON PARK PLACE, SUITE 201 KINGSTON, ONTARIO K7M 7E4 e-mail address: yuri@yurilaw.ca Website: www.tarnoweckylaw.com

TELEPHONE (613) 384-2354 FACSIMILE (613) 384-8904 October 16, 2025 Township of South Frontenac 4432 George St. Box 100 Sydenham ON, K0H 2T0 Dear Sir or Madam: Re:

Christopher Jorgensen - Owner Stair Step Lane, Battersea Application re Minor Variance Our File No.: 2025-2215

Please find attached a copy of the proof ownership being the Transfer/Deed of Land along with the Application to Consolidate the two parcels referred to in the Minor Variance. I confirm that the newly purchased parcel (PIN 36288-0428) has merged with 4589 Stair Step Lane and can no longer be sold as a separate property (without a new Application to Sever).

The easement on the newly purchased parcel (PIN 36288-0428) has not been released or abandoned as our 40 year title search revealed that one has never been created. I confirm that our property description is NOT “subject to a right-of-way” and there are no immediately abutting lands that are “together with” a right-of-way over this property. The only reference to a right-of-way at all is on a previous Plan 837 from 1957. There is no evidence that the right-of-way exists other than this reference. I confirm that there are no deeds in the last 40 years, or claims by anyone to use this “right-of-way”. Unfortunately, the only way to remove the reference is by Court Order, which would be onerous. If you have any further questions, please ask. Yours very truly,

Yuri Tarnowecky YT:jas Page 276 of 377

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June 5, 2025 File: MV/FRS/123/2025 Sent by E-mail Noah Perron, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0

Dear Ms. Woods: Re:

Application for Permission PL-ZNA- 2025-0011 4589 Stair Step Lane; Lt 18, Con 9 Storrington District, Township of South Frontenac Waterbody: Dog Lake

Cataraqui Conservation staff have reviewed the above-noted application for permission and provide the following comments for the Committee of Adjustment’s consideration based on our role as commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Proposal The proposed development involves enlarging two legal con-conforming cottage dwellings. The applicant proposes to demolish the existing structures and build a larger connected structure, with two individual units. The proposed structure will be setback 14 m from the highwater mark of Dog Lake. Site Description The property is located on the south shore of Dog Lake. The topography of the property can be described as a relatively steep slope adjacent to the water and then rising slowly toward the rear. Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Dog Lake. Natural Hazards / Ontario Regulation 41/24 Flooding: Development and site alteration within and adjacent to the regulatory flood plain is restricted to ensure people are property are protected from the flooding hazard. The regulatory

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Page 2 of 3 (1:100 year) floodplain of Dog Lake is defined as the highest recorded water level of the lake (98.95 m GSC). Based on our review of elevation mapping, the existing and replacement dwelling and deck are set back over 6 m from the floodplain and. As the existing development and proposed addition meet or exceed the minimum 6 m setback, Cataraqui Conservation has no concerns from a flooding perspective. Erosion: Cataraqui Conservation directs development and site alteration away from lands subject to long term erosion hazards. This is typically addressed through the imposition of appropriate setbacks from the hazard. Staff confirmed the existing shoreline slope (approximately 8.5 m / 28 ft. in height and 12 m / 40 ft. in width) is a stable granite slope. In this case, Cataraqui Conservation policies require new building and structures (including reconstruction) be located a minimum of 4 m from the top of bank. The existing west cottage exceeds the 4 m setback. The existing east cottage exterior wall is exactly 4 m from the top of bank and the deck is within the setback. The proposal seeks to maintain the location of the west cottage and shift the east cottage back several feet to meet the 4 m setback requirement. The proposed reconstruction will maintain a minimum 4 m setback from the top of bank and as such, staff are satisfied with the proposal from an erosion hazard perspective. To ensure long-term erosion avoidance and slope stability, staff recommend the maintenance and enhancement of a healthy buffer of native vegetation between buildings/structures and the water, to help stabilize soils into the long-term. Runoff from buildings and structures and other hardened surfaces should also be directed away from the shoreline to a naturally vegetated location where infiltration can occur. Recommendation Cataraqui Conservation staff have no objections to the approval of application PLZNA 2025-0011 based on our consideration for natural hazard and regulatory policies. Staff recommend implementation of the above-noted best practice measures (in bold text) and advise the applicant that if the proposed development is approved, Cataraqui Conservation permit approval will be required. Ontario Regulation 41/24 Please note that portions of the subject lands within 15 m of the regulatory floodplain and erosion hazard are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits, which is administered by the Cataraqui Conservation, which is administered by the Cataraqui Conservation. 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. If approved, the proposed dwelling reconstruction and associated site alteration will require Cataraqui Conservation permit approval. The landowner(s) should contact Cataraqui Conservation’s office at the building permit stage for more information regarding permitting requirements under O. Reg. 41/24. Please inform this office of any decision made by the Committee with regard to these applications. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at estucke@crca.ca Cataraqui Conservation 2069 Battersea Rd, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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Sincerely, Emma Stucke, MCIP, RPP Resource Planner Cc: property owner, via email

Cataraqui Conservation 2069 Battersea Rd, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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Noah Perron From: Sent: To: Subject:

Susan Millar susan.millar@pc.gc.ca June 9, 2025 1:13 PM Planning Services – South Frontenac RE: External Agency Review - Permission Application PL-ZNA-2025-0011 (Dog Lake)

Categories:

CityView Planning Attachment

Hi Noah, I am sending along this quick note, in lieu of a formal le er, to acknowledge that Parks Canada does not have concerns with the proposal, which sees overall a minor altera on to the exis ng development on the property. Sincerely, Susan Millar, BComm, MSc Planner / Planificatrice Ontario Waterways/Voies navigables de l’Ontario Parks Canada / Parcs Canada Rideau Canal Office / Canal-Rideau 34 Beckwith St. S. / 34, rue Beckwith Sud Smiths Falls, ON K7A 2A8 Email / Couriel électronique : susan.millar@pc.gc.ca Telephone / Téléphone : 343-553-9290 h p://www.parkscanada.gc.ca/ | h p://www.parcscanada.gc.ca/

—–Original Message—-From: Planning Services – South Frontenac planning@southfrontenac.net Sent: Friday, May 23, 2025 10:05 AM To: Susan Millar susan.millar@pc.gc.ca Subject: External Agency Review - Permission Applica on PL-ZNA-2025-0011 (Dog Lake) COURRIEL EXTERNE – FAITES PREUVE DE PRUDENCE / EXTERNAL EMAIL – USE CAUTION Dear agency partner, Please find a ached to this email, documenta on for your review with respect to: Applica on number: PLZNA20250011 Roll Number: 102906006013101 Applicant/Owner: Christopher Jorgensen Agent: Peter Jorgensen Proposal: The following applica on seeks permission to enlarge two legal non-conforming co ages within 30m of Dog Lake, approximately 54sqm and 38.5sqm in area. Both co ages are a single storey, with building heights of roughly 3.7m. The co ages are connected via a ~58sqm central a ached deck. The applicant proposes to demolish the exis ng structures and build a larger connected structure, with two individual units. The proposed structure would have approximately 260sqm of gross floor area, with a building height of 7.7m (2-Storeys). The proposed structure would be setback ~14m from the highwater mark of Dog Lake and ~4m from the top of bank. 1

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Loca on (civic address): 4589 STAIR STEP LANE Legal Descrip on: STORRINGTON CON 9 PT LOT 18;RP 13R15568 PART 1 DOG LAKE Staff contact: Noah Perron Kindly provide your comments on this applica on to planning@southfrontenac.net by June 06, 2025. Regards, Noah Perron Planner Development Services Department Township of South Frontenac p: +613-376-3027 e: nperron@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 h p://www.southfrontenac.net/

Please consider the environment before prin ng this email

2

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To:

Committee of Adjustment

From:

Development Services Department

Date of Meeting:

November 13, 2025

Subject:

Revised Application for Permission to Enlarge Legal Non-Conforming Use PL-ZNA-2025-0011, Jorgensen, 4571 Stair Step Lane, Storrington District

Summary This report recommends that the Committee of Adjustment grant permission under section 45(2) of the Planning Act to replace two legal non-conforming seasonal dwellings that are less than 30 metres from the highwater mark with one larger dwelling that would also be less than 30 metres from the highwater mark. Background The subject property is designated Rural in the Township Official Plan. The property is zoned Limited Service Residential – Waterfront (RLSW) in Zoning By-law No. 2003-75, as amended. The subject property is approximately 0.36 acres (1450sqm) in area with frontage on Dog Lake. Two single-storey seasonal dwellings (cottages) connected by a central deck are in the middle of the property. The western cottage is 54sqm in area with a building height of 3.6 metres and the eastern cottage is 38.5sqm in area with a building height of 3.5 metres. Both structures are 14.2 metres from the highwater mark and 4 metres from the top of bank. The central deck is 58sqm in area and extends along the front of the eastern dwelling. The area to the south of the existing cottages near Stair Step Lane contains a few mature trees and a driveway/parking area. The area to the north of the existing cottages is a steep downward slope extending to the shoreline of Dog Lake. The slope is well vegetated and features areas of exposed granite. The shoreline and dock are accessed by a set of stairs built directly into the slope. The subject property is accessed from Stair Step Lane which is maintained for year-round use. The surrounding neighbourhood consist of a mixture of seasonal and yearround dwellings ranging in height from single storey to two-storey buildings along the lake. The following permission application was submitted in February 2025. The original proposal involved the construction of a two-storey dwelling with two units. At the time of submission, a small parcel of vacant land existed between the subject properties rear lot line and Stair Step Lane. As a result, Planning Staff had concerns with the original proposal related to how a two-storey dwelling with two units could function on a property with limited area and no lane frontage. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-ZNA-2025-0011

In response to these concerns, the applicant acquired the small parcel of vacant land and merged it with the remainder of the subject property. To validate this the applicant’s Layer submitted a letter indicating the two lots could no longer be separately conveyed. As a result of the acquisition, the subject property now has frontage on Stair Step Lane and has increased in area to approximately 1450sqm. A revised proposal seeking to build a single unit cottage was submitted to the Township in October 2025. Proposal The applicant proposes to replace the two existing cottages and the connecting deck with a two-storey cottage in a similar footprint. The proposed cottage would have a 156.2sqm building footprint. The ground level would consist of two individual spaces separated by a central patio, similar to the location and size of the existing layout. The ground floor would be used for storage. The second floor would span the entire 156.2sqm building footprint and would be used as living space. The proposed cottage would be setback 14.2 metres from the highwater mark and 4 metres from the top of bank. Related Applications The lands are not subject to any additional applications under the Planning Act. Department and Agency Comments Cataraqui Conservation (CRCA) provided the following comments on the original application. These comments are also applicable to the revised application because the proposed building location and footprint is the same, the only difference is that there is one unit instead of two. CRCA Staff had no objection to the proposed building location, footprint and height based on consideration for natural hazards and Ontario Regulation 41/24 implementation policies. They noted that the shoreline slope is composed of granite and considered stable, and that it was acceptable for the proposed building to be setback 4 metres from the top of bank like the existing buildings. To ensure long-term erosion avoidance and slope stability, CRCA staff recommend the maintenance and enhancement of a healthy buffer of native vegetation between buildings/structures and the water, to help stabilize soils into the long-term. Runoff from buildings and structures and other hardened surfaces should also be directed away from the shoreline to a naturally vegetated location where infiltration can occur. If approved, the proposed dwelling reconstruction and associated site alteration will require Cataraqui Conservation permit approval. The landowner(s) should contact Cataraqui Conservation’s office at the building permit stage for more information regarding permitting requirements under O. Reg. 41/24. Parks Canada was circulated this application due to Dog Lake being located within the Rideau Waterway. Parks Canada Staff have no concerns with the proposal. These comments were applicable to both the original and revised applications. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-ZNA-2025-0011

Building Services provided comment by email on November 5, 2025. Their preliminary review of the application was specifically related to the installation of a septic system to service the proposed cottage. Building Staff expressed no immediate concerns about the proposal but noted that a holding tank would only be permitted if it could be demonstrated that a Class 4 system would not be feasible. The details of the future system will be determined at the building permit stage. Public Comments The Township did not receive any public comments at the time staff prepared this report. Planning Analysis Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of the gross floor area. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing cottages on the subject property are legal non-conforming buildings under this provision because they were constructed prior to the current Zoning By-law and are setback approximately 14.2 metres from the highwater of Dog Lake. The cottages are also legal nonconforming because only a single cottage is permitted in the RLSW Zone. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The generally accepted criteria for considering such a request are: • whether the proposal is desirable for the appropriate development of the subject property, and • whether the proposal will result in undue adverse impacts on surrounding properties and the neighbourhood. The existing cottage are setback approximately 14.2 metres from the highwater of Dog Lake, with the connecting deck setback 13 metres at its closest point. The proposed cottage would be setback 14.2 metres from the highwater mark. As such, the new building would not encroach further on the setback. The proposed cottage would have a 260 square metre gross floor area, which is an increase from the approximately 92.5sqm combined gross floor area of the two existing buildings. The 156.2 square metre footprint of the proposed dwelling would occupy a similar footprint as the existing dwellings and the connecting deck. The existing overall footprint area is 150.5sqm. This results in an approximately 0.4% increase in lot coverage. The existing buildings are 3.6 metres tall. The proposed dwelling would be up to 10 metres tall to accommodate the second floor. The 10-metre building height is speculative and has been proposed by the applicants to permit flexibility when the final building plans are prepared. The proposal would forego one of the two cottages in favour of having one larger cottage with additional living space. The proposed expansion of gross floor area is desirable since it will www.southfrontenac.net Page 294 of 377 South Frontenac is a welcoming and thriving rural community.

Township of South Frontenac Staff Report PL-ZNA-2025-0011

enable to the owner fully utilize the existing building footprint and construct a building that is more practical and usable for their current needs. It is the opinion of Planning Staff that the application is desirable for the appropriate development of the property. The enlarged dwelling would be consistent with existing patterns of development in the neighbourhood. Further, maintaining a similar building footprint will reduce the amount of tree clearance and site alteration within 30 metres of Dog Lake. Finally, the proposal will facilitate the removal of an existing privy in favour of a sewage disposal system setback further from the highwater mark. Planning Staff also believe the application is unlikely to cause undue adverse impacts on surrounding properties or the neighbourhood. The enlarged dwelling would be appropriately setback from the side and rear lot lines, mitigating potential impacts on neighbouring properties and the lane. The enlarged dwelling would also maintain its existing setback from the highwater mark and top of bank. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report. Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve revised application PL-ZNA-2025-0011 for 4571 Stair Step Lane (PINs 326880427 & 362880428) to permit the two legal non-conforming dwellings and connecting deck to be replaced with one single detached dwelling. The new dwelling shall:

  1. have a maximum 157 square metre footprint and a maximum 260 square metre gross floor area,
  2. have a maximum building height of 10 metres, and
  3. be setback a minimum of 14.2 metres from the highwater mark of Dog Lake and a minimum of 4 metres from the top of bank.

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

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Township of South Frontenac Staff Report PL-ZNA-2025-0011

Approval should be subject to the following conditions:

  1. The location, building footprint, gross floor area and building height of the new dwelling must be generally consistent with the plot plan and building plans submitted with the revised application, which will be attached to the decision as a schedule.
  2. The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the wetland and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of Dog Lake, except in the immediate area of the development envelope. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods RPP, MCIP, Manager of Planning

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

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——— N ,

SOUTH

FRONTENAC

PL-ZNA-2025-0096 {PELLERIN & BERCIER) 340 DEVIL LAKE ROAD Legend c:::J Subject Lands

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LAKE RD

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176 CENTREVILLE RD

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• • I Township Boundary Road

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources � King’s Printer for Ontario, 2025.

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While the County makes every effort to insure that the information presented is accurate f<>f 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 onty.

Scale: 1: 1,000

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UTM Zone 18 NAO 83 Date: 29/09/2025

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October 23, 2025

File: MV/FRS/232/2025

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

Minor Variance Application PL-BDJ-2025-0096 340 Devil Lake Road, Township of South Frontenac Waterbody: Unnamed Watercourse & Unevaluated Wetland (Tib. To Dead Creek)

Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for minor variance and offer the following comments for the Committee of Adjustment’s consideration, based on our role as a commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Summary of the Proposal The applicant has requested a minor variance to allow a 17 sq. m (182 sq. ft) deck to be setback 23 m from a watercourse and unevaluated wetland on the property. The owner received a minor variance in 2022 to permit a dwelling to be setback 27 m from a watercourse and unevaluated wetland. However, the 2022 variance did not reference the attached deck or a reduced setback to the watercourse, therefore the owners were required to submit a new minor variance application before a building permit could be issued. CRCA issued a permit for the dwelling in February 2023 and then issued an amended permit that included the proposed deck in December 2023 (F-31/23Unnamed As Amended). Site Description The subject lands are located to the southwest of the intersection of Centreville Rd and Devil Lake Rd and occupy a northeastern portion of Lot 18 in Concession 12 of Bedford District in South Frontenac Township. The topography can be described as relatively low-lying in the southeast corner of the lot where the unevaluated wetland is located. Two watercourses run through the property; one man-made channel enters from the northwest corner and connects with the watercourse/wetland in the southeast portion of the lot. The water exits the lot at the eastern property border, via a culvert under Devil Lake Rd. The wetland/watercourse is hydrologically connected to a complex of wetlands/small lakes that eventually drain into Dead Creek. The property slopes up towards a till mound located at the northern section of the lot where the existing septic tank is located. The southern half of the lot is covered in dense woodlands and wetland vegetation,

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Page 2 of 3 with cleared areas in the northern half where the proposed dwelling and accessory building are located. Staff visited the site on September 1, 2022 as part of their review for the 2022 minor variance application. The subject lands are designated ‘Rural’ in the Township’s Official Plan and zoned ‘Rural’ (RU) and ‘Environmentally Sensitive’ in the implementing Zoning By-law. The boundary for the Environmentally Sensitive Lands Overlay appears to roughly coincide with the unevaluated wetland on the property. Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with the un-named watercourses on the property and hydrologic function of wetlands. Natural Hazards / Ontario Regulation 41/24 Surface Water Features As noted, the subject lands contain a watercourse and wetland that are hydrologically connected to a complex of wetlands/small lakes that eventually drain into Dead Creek. These features provide important ecologic and hydrologic functions including habitat for various species. These features are important in terms of protecting the local environment and overall ecological health in the Township. A suitable buffer area is necessary between any new development and the water features on the subject lands, as a buffer acts to protect the environmental function of this feature by maintaining a riparian corridor and avoiding damaging flooding of property and erosion normally associated with these features. Cataraqui Conservation does not have floodplain mapping in this area – consequently we require a minimum 30 metre buffer (setback) horizontal from the highwater mark of watercourses and wetlands for any development. The 30 metre setback is consistent with the 30 metre setback in the Township’s Zoning By-law. Section 5.2.7(b)(ii)(2) of the Township’s Official Plan considers slight reductions to the 30 metre setback only if it not physically possible to meet the setback requirement, and if the structure shall be constructed as far back as possible from the highwater mark. Similar to the Official Plan, Cataraqui Conservation’s Environmental Planning Policy (EPP) considers new development within the 30 metre water setback area only if there are no reasonable alternatives for locating the development outside of the water setback area, the development is set back as far as possible from the water in all directions, and if the interference on the ecologic function of the wetland has been deemed to be acceptable by Cataraqui Conservation. The approved dwelling is approximately 27 metres from the boundary of the unevaluated wetland and is set back as far as possible from the extent of the wetland identified on site while meeting other applicable municipal setbacks. The proposed deck will be setback 23 m and does not encroach closer to the water features than the closest point of the existing storage shed (which is approximately 16.5 metres from the watercourse). In the opinion of staff, the proposed development maintains the overall drainage pattern of the site and is not anticipated to negatively impact the ecologic or hydrologic integrity of the Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca

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Page 3 of 3 wetland/watercourse and is located in an area that minimizes the risks of flooding and erosion associated with these water features. Staff also recommend maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the wetland and use of runoff controls to direct stormwater from hardened surfaces away from the wetland where natural infiltration can occur. Recommendation Staff have no objection to the approval of application PL-BDJ-2025-0096 based on our consideration for natural hazard and regulatory policies. We recommend the above-noted environmental measures (in bold). Ontario Regulation 41/24 Please note that portions of subject lands are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06), which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. Also, to ensure the protection of wetlands. The owner is advised to contact CRCA before considering any work (new buildings or structures, excavation, grading, placement of fill etc.) within 30 metres of the watercourse or wetlands on the subject lands. Cataraqui Conservation Fees Cataraqui Conservation charges fees for our review of Planning Act applications. Our Plan Review Fee Schedule notes a re-submission of an application after two years will be considered a new application and will be subject to the full current fee. Our fee for the review of an application for minor variance is $445.00. We request that the applicant submit this review fee of $445.00 at their earliest convenience. Fees can be paid online (http://crca.ca/payment) or over the phone (613-546-4228 ext. 220). The file for refence is MV/FRS/232/2025. Please inform this office of any decision made by the Committee with regard to these applications. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at estucke@crca.ca Sincerely,

Emma Stucke, RPP, MCIP Resource Planner cc. Applicant by email

Cataraqui Conservation 2069 Battersea Road Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 CataraquiConservation.ca

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To:

Committee of Adjustment

From:

Development Services Department

Date of Meeting:

November 13, 2025

Subject:

Minor Variance Application PL-ZNA-2025-0096, Bercier/Pellerin, 340 Devil Lake Road, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of the subject application for zoning relief for an attached deck, subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act. Background The subject property is designated Rural in the Township Official Plan. The property is zoned Rural (RU) in Zoning By-law No. 2003-75, as amended. The subject property is 2 acres in area and is located to the southwest of the intersection Centreville Road and Devil Lake Road. There is a dwelling in the northeast corner and two storage sheds in the middle of the subject property. The dwelling is located on the highest point of elevation on the subject property. A man-made drainage channel enters the property in the northwest corner and connects to a natural watercourse to the south. The low-lying area surrounding the natural watercourse is an unevaluated wetland. The areas to the south and west of the watercourse and wetland are covered in dense woodlands. The property owners applied for and received a minor variance in 2022. Application PL-ZNA2022-0129 permitted a single detached dwelling to be located 27 metres from the highwater mark of the watercourse and unevaluated wetland. During construction of the dwelling, Building Services staff observed an attached deck within 30 metres of the highwater mark which was not referenced in the building permit application nor the 2022 minor variance. Due to the main floor being slightly elevated from the ground, the existing deck is necessary to access the dwelling. The property owners have since submitted a building permit application for the deck. However, a minor variance to allow a reduced highwater mark setback is necessary before a permit can be issued. Cataraqui Conservation (CRCA) staff conducted a site visit during the 2022 Minor Variance review process. They installed a stake designating the highwater mark of the watercourse and unevaluated wetland. Township Staff conducted a site visit to the subject property in May of 2025. During the site visit, the setback distance from the deck to the highwater mark stake was measured to be 23 metres. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-ZNA-2025-0096

Proposal The applicant has requested a minor variance from section 5.8.2(a) and section 7.3.2 of Zoning By-law No. 2003-75, as amended, to allow the 17sqm (182sqft) deck that is attached to the side of the dwelling to be setback 23 metres from the highwater mark of the watercourse and unevaluated wetland. These sections of the zoning by-law require all buildings and structures to be setback a minimum of 30 metres from the highwater mark. Related Applications The lands are not subject to any additional applications under the Planning Act. Agency Comments CRCA provided comment on October 23, 2025. CRCA Staff have no objection to the approval of the proposal based on consideration for natural hazards and Ontario Regulation 41/24 implementation policies. In the opinion of CRCA Staff, the proposed development maintains the overall drainage pattern of the site and is not anticipated to negatively impact the ecologic or hydrologic integrity of the watercourse/wetland and is in an area that minimizes the risks of flooding and erosion associated with these features. CRCA Staff recommended maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the watercourse/wetland and use of runoff controls to direct stormwater from hardened surfaces away from the watercourse/wetland where natural infiltration can occur. The owner is advised to contact CRCA before considering any work within 30 metres of the watercourse or wetlands on the subject property. CRCA issued a development permit (dated December 2023) for the existing deck. A copy of this permit was included as an attachment to the Township building permit application for the deck. The permit was valid until February 21, 2025. As such, the property owner will need to confirm that the existing permit is still valid before the Township building permit can be issued. Public Comments The Township did not receive any public comments at the time staff prepared this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would permit a deck attached to a dwelling on lands designated Rural on Schedule A of the Official Plan. The type and amount of development on rural lands must maintain the rural character, natural heritage and cultural landscape in the Township. The deck is accessory to the permitted residential use of the property. Section 5.2.7 of the Official Plan speaks to the concept ‘Environmentally Sensitive Areas’. Where development and site alteration are proposed in Environmentally Sensitive Areas, it www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-ZNA-2025-0096

is the intent of the Official Plan that all buildings and structures be setback a minimum of 30 metres from the highwater mark. The subject property contains a watercourse and unevaluated wetland. The property is developed with a dwelling and attached deck which are located within 30 metres of the highwater mark of these features. The dwelling received a minor variance to be setback a minimum of 27 metres from the highwater mark in 2022. The attached deck requires a minor variance to be setback 23 metres from the highwater mark. When reviewing the 2022 minor variance application to permit a 27 metres highwater mark setback for the dwelling, Township Staff and Cataraqui Conservation Staff determined that due to site constrains (i.e., existing septic system, presence of man-made watercourse/drainage channel, low-lying wet areas to the southeast) the optimal location for development was on the elevated and dry land in the northeast corner of the property. Township Staff ultimately concluded that in this location, the highwater mark setback would be maximized to the greatest extent possible. It is the opinion of Township Staff that the attached deck, also located in the northeast corner of the property, is optimally located and has maximized its highwater mark setback. Section 5.2.7 also speaks to the provision of an adequate vegetative buffer between structures and the highwater mark. As part of the 2022 minor variance application, the property owners entered into a development agreement with the Township. The registered development agreement spoke to the maintenance and enhancement of a healthy vegetative buffer between the dwelling and wetland/watercourse. The property owners have maintained the existing buffer which was evident during a site visit by Township Staff in May 2025. It is the opinion of Township Staff that the proposed variance maintains the intent and purpose of the Official Plan, specifically the policies related to 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 as the attached deck is a permitted use on the subject property, and the proposed location complies with the setback requirements of the RU zone, except for the reduced setback from the highwater mark of the watercourse and wetland to the south. The existing dwelling and attached deck would also comply with the maximum lot coverage requirements of the RU Zone. As previously discussed, it is the opinion of staff that the highwater mark setback has been maximized when considering existing constraints and applicable zoning setbacks. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The proposed variance is desirable for the appropriate development or use of the dwelling as it is a modest size and facilitates safe and practical access from the dwelling. 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. The variance is also desirable for the appropriate development or www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-ZNA-2025-0096

use of the dwelling. It is anticipated that there will be no negative impacts on the watercourse and wetland because of the deck. 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 posting on the Townships website by e-mail to prescribed persons and public bodies

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2025-0096 for minor variance(s) from Zoning By-law No. 2003-75, as amended, for 340 Devil Lake Road to allow a 17sqm (182sqft) deck attached to the existing dwelling to be setback a minimum of 23 metres from the highwater mark of watercourse and wetland to the south. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning

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

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PLANNING JUSTIFICATION & LAND USE COMPATIBILITY REPORT Unaddressed Burega Lane & Winding Creek Lane, Township of South Frontenac Applications for Consent & Minor Variance October 2025

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Introduction This Planning Justification and Land Use Compatibility Report is provided in support of applications for Consent and Minor Variance for an unaddressed property (PIN 36278-1009) fronting Burega Lane and Winding Creek Lane in the Township of South Frontenac, within the County of Frontenac (“the subject property”). The subject property is undeveloped. The subject property is designated ‘Rural’ within the County of Frontenac Official Plan (OP), designated ‘Rural’ on Schedule ‘A’ - Land Use Plan of the Township of South Frontenac OP, and zoned Limited Service Residential ‘RLS’ within Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended. The purpose of the Consent applications is to sever two (2) parcels from the subject property. Each of the proposed severed parcels is anticipated to be developed with a single detached dwelling and individual on-site water and sewage services. No development is proposed for the proposed retained parcel through these applications. The proposed severed parcels are located between 300 and 500 metres east of the property known municipally as 3615 Sydenham Road which accommodates a quarry operating under Aggregate License and Permit System (ALPS) ID 2473 (“the quarry”). Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, permits residential land uses on lands between 300 metres and 500 metres of an existing or proposed quarry provided a minor variance or rezoning is approved by the Township. The purpose of the Minor Variance application is to seek relief from this provision to permit residential land use to be established 306 metres away from an existing quarry. In support of the Consent and Minor Variance applications, a Land Use Compatibility Assessment has been completed as part of this report. Through pre-application correspondence, Township staff identified submission requirements. Accordingly, the following have been prepared and submitted: • • •

Consent and Minor Variance application forms and fees; Planning Justification / Land Use Compatibility Report; Plot Plan.

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Site Overview Location The subject property is located within the Rural Area of the Township of South Frontenac, approximately 1.83 kilometres south of the settlement area of Railton. The subject property is approximately 72,600 square metres in area and maintains approximately 535.3 metres of frontage on Burega Lane along with approximately 336.5 metres of frontage on Winding Creek Lane. Burega Lane and Winding Creek Lane are both private roads. Winding Creek Lane is owned by the owner of the subject property. The subject property is undeveloped and largely cleared, with vegetation concentrated in the northwest corner of the property (Proposed Severed Parcel 1). A creek traverses the width of southern area of the subject property (proposed retained parcel).

Figure 1 - Locational Context Map

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Figure 2 - View of the proposed severed parcels (left) facing west on Burega Lane

Figure 3 - View of the proposed retained parcel (left) facing south on Winding Creek Lane

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Surrounding Uses The subject property is located in an area primarily consisting of seasonal and single detached dwellings, with development concentrated south and east of the subject property along the north shore of Loughborough Lake. The proposed severed parcels are located in the northwest corner of the subject property, south of the properties known municipally as 1059, 1071, and 1079 Burega Lane, each of which accommodate dwellings. The proposed severed parcels directly abut the properties known municipally as 1030 Burega Lane and 1077 Winding Creek Lane, which similarly accommodate dwellings. The proposed retained parcel directly abuts the properties known municipally as 1024, 1028, 1038, 1040, and 1046 Poppy Lane, which accommodate a tourist establishment consisting of four (4) cabins.

Figure 4 - Aerial view of the proposed severed (red and blue) and retained parcels (green) and surrounding land uses

Proposed Development The owner is proposing to sever two (2) parcels from the subject property. Proposed Severed Parcel 1 is to be approximately 11,147 square metres in area and maintain approximately 113.8 metres of frontage on Burega Lane and approximately 87.8 metres of frontage on Winding Creek Lane. Vehicular access to Proposed Severed Parcel 1 is proposed to occur from Winding Creek Lane. Proposed Severed Parcel 2 is to be approximately 11,329 square metres in area and maintain approximately 113.8 metres of frontage on Burega Lane. Vehicular access to Proposed Severed Parcel 2 is proposed to occur from Burega Lane. The proposed severed parcels are anticipated to be developed with single detached dwellings and individual on-site water and sewage services (drilled well and Class 4 septic system). The proposed retained parcel is to be approximately 50,124 square metres in area and maintain approximately 307.7 metres of

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frontage on Burega Lane and approximately 248.7 metres of frontage on Winding Creek Lane. No development is proposed for the proposed retained parcel through these applications. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry.

Figure 5 - Plot plan

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Policy & Regulatory Framework Provincial Planning Statement, 2024 The Provincial Planning Statement (PPS), 2024, is a policy statement issued under the authority of Section 3 of the Planning Act and came into effect on October 20, 2024. The PPS provides policy direction on matters of provincial interest related to land use planning and development. In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters shall be consistent with policy statements used under the Act. The following policies of the PPS are directly relevant to the proposed development: Section 2.1.6.: Planning authorities should support the achievement of complete communities by: a) accommodating an appropriate range and mix of land uses, housing options, transportation options with multimodal access, employment, public service facilities and other institutional uses (including schools and associated child care facilities, long term care facilities, places of worship and cemeteries), recreation, parks and open space, and other uses to meet long-term needs; Section 2.2.1.: Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by: b) permitting and facilitating:

  1. all housing options required to meet the social, health, economic and wellbeing requirements of current and future residents, including additional needs housing and needs arising from demographic changes and employment opportunities; and
  2. all types of residential intensification, including the development and redevelopment of underutilized commercial and institutional sites (e.g., shopping malls and plazas) for residential use, development and introduction of new housing options within previously developed areas, and redevelopment, which results in a net increase in residential units in accordance with policy 2.3.1.3; c) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation. o

The proposed development seeks to contribute to the range of single detached dwellings in the Township of South Frontenac. The subject property is currently undeveloped and restricted in principal permitted use to a seasonal or single detached dwelling. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects. The proposed development seeks to efficiently use land, resources, infrastructure and public service facilities.

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Section 2.5.1.: Healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets; d) using rural infrastructure and public service facilities efficiently; g) conserving biodiversity and considering the ecological benefits provided by nature. o

The proposed low-density residential development is consistent with the rural character. Existing vegetation along the frontages of the proposed severed parcels offer opportunity for the proposed development to be visually screened from the public realm, maintaining the aesthetic of the rural landscape. The proposed development seeks to utilize rural infrastructure efficiently given that the proposed severed parcels are located along private roads. The proposed severed parcels are located greater than 30 metres from the creek which traverses the proposed retained parcel, greater than 120 metres from the Provincially Significant Wetland (PSW) located on the property known municipally as 1104 Winding Creek Lane, and greater than 300 metres from Loughborough Lake.

Section 2.6.1.: On rural lands located in municipalities, permitted uses are: c) residential development, including lot creation, where site conditions are suitable for the provision of appropriate sewage and water services; Section 2.6.2.: Development that can be sustained by rural service levels should be promoted. Section 2.6.3.: Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the uneconomical expansion of this infrastructure. o

The proposed severed parcels are sufficiently sized to accommodate individual onsite water and sewage services for the proposed residential development. Additional suitability factors will be evaluated and addressed through the building permit process.

Section 2.6.5.: New land uses, including the creation of lots, and new or expanding livestock facilities, shall comply with the minimum distance separation formulae. o

Through pre-application correspondence, the Township confirmed a review had been completed and there are no livestock facilities in the area. As a result, minimum distance separation (MDS) I calculations were not identified as a submission requirement.

Section 3.5.1.: Major facilities and sensitive land uses shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures.

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Section 3.5.2.: Where avoidance is not possible in accordance with Section 3.5.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other major facilities that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses is only permitted if potential adverse affects to the proposed sensitive land use are minimized and mitigated, and potential impacts to industrial, manufacturing or other major facilities are minimized and mitigated in accordance with provincial guidelines, standards and procedures. o

The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 3.6.4.: Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not available, planned or feasible, individual onsite sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. o

The proposed severed parcels are sufficiently sized to accommodate individual onsite water and sewage services. Additional suitability factors will be evaluated and addressed through the building permit process.

Section 4.1.1.: Natural features and areas shall be protected for the long term. o

The proposed severed parcels are located greater than 30 metres from the creek which traverses the proposed retained parcel, greater than 120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane, and greater than 300 metres from Loughborough Lake.

Section 4.5.2.4.: Mineral aggregate operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. (…) o

The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Based on the review completed above, we are of the opinion that the Consent and Minor Variance applications are consistent with the intent of the PPS.

Minor Variance Application Section 5.34.2. of Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended, permits residential land uses on lands between 300 metres and 500 metres of an existing or proposed quarry provided a minor variance or rezoning is approved by the Township. The purpose of the Minor Variance application is to seek relief from this provision to permit residential land use to be established 306 metres away from an existing quarry.

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In accordance with Section 45.1. of the Planning Act, the Committee of Adjustment may grant a minor variance from the Zoning By-law if it satisfied that the application meets four tests: 1. 2. 3. 4.

Is the General Intent and Purpose of the Official Plan Maintained? Is the General Intent and Purpose of the Zoning By-law Maintained? Is the Variance Minor in Nature? Is the Variance Desirable for the Appropriate Development or Use of the Land, Building or Structure?

Test 1: Is the General Intent and Purpose of the Official Plan Maintained? County of Frontenac Official Plan The County of Frontenac Official Plan was adopted on October 15, 2014 and received approval from the Ministry of Municipal Affairs and Housing on January 11, 2016. The County OP creates the framework for guiding land use changes in the County to 2034 by protecting and managing the natural environment, directing and influencing growth patterns and facilitating the vision of the County as expressed through its residents. The following policies of the County OP are directly relevant to the proposed development: Section 2.1.1.4.: The standard for separating residential uses from existing, new or expanding livestock facilities shall be the Minimum Distance Separation (MDS) formulae, as revised from time to time. The MDS formulae shall also be used when considering the creation of new lots and new development in proximity to livestock facilities. o

Through pre-application correspondence, the Township confirmed a review had been completed and there are no livestock facilities in the area. As a result, minimum distance separation (MDS) I calculations were not identified as a submission requirement.

Section 2.1.2.1.3.: An ‘Influence Area’ shall be used in order to protect existing land uses in the vicinity of a proposed mineral mining operation. This ‘Influence Area’ shall also be applied to protect mineral mining operations from the encroachment of incompatible land uses. Local Official Plans shall establish the extent of an influence area in consultation with the Ministry of Northern Development and Mines (now Ministry of Energy and Mines) and the Ministry of the Environment and Climate Change (now Ministry of the Environment, Conservation and Parks). Development may be permitted in an ‘Influence Area’ as set out in Local Official Plans and only where the impacts of a mining operation can be properly mitigated. Section 2.1.2.2.4.: The Townships shall identify and protect all existing mineral aggregate operations from incompatible uses and activities that would preclude or hinder their expansion or continued use, or which would be incompatible for reasons of public health, public safety, or environmental impact. (…) Section 2.1.2.2.5.: Within or adjacent to known deposits of mineral aggregate resources, development and activities which may preclude or hinder the establishment of new operations or access to the resources may only be permitted if:

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• • •

Resource use would not be feasible; or The proposed land use or development serves a greater long-term public interest; and Issues of public health, public safety and environmental impact are addressed.

The County or the Townships may require the completion of a study by a qualified professional to demonstrate that the proposed use is consistent with the above policies for development proposals. (…) o

The proposed severed parcels are located between 300 metres and 500 metres of the quarry. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, which implements these policies, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 3.3.1.: (…) Low density residential development as well as rural-related commercial, industrial, recreational and institutional development is desirable, provided it is appropriately located. (…) o

The subject property is designated ‘Rural’ in the County OP given that the property is located outside of a settlement area and is not a Natural Heritage Area, Resource Lands, or Waste Disposal Site. The proposed low density residential development in the form of single detached dwellings is permitted in accordance with the permitted uses of the Limited Service Residential ‘RLS’ Zone. Despite this permission, residential use on the proposed severed parcels is ultimately prohibited given their proximity to the quarry (between 300 and 500 metres). The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 3.3.3.2.: Residential development is permitted in the Rural designation in accordance with the following policies: a) Lot creation should take place either through Plan of Subdivision, Plan of Condominium, or Consent; o Applications for Consent have been submitted to facilitate the proposed lot creations. b) Rural residential development shall reflect the intent of preserving the rural, open space character of the County. This will mean that, to the extent possible, the appearance of such development should be unobtrusive and blend in with the rural landscape. o The proposed low-density residential development is consistent with the rural character. Existing vegetation along the frontages of the proposed severed parcels

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offer opportunity for the proposed development to be visually screened from the public realm, maintaining the aesthetic of the rural landscape. c) New residential development should not be located on lands which would involve major public expense in opening up or maintaining access routes, providing drainage, or providing other public services and facilities, unless major public services, access, and/or facilities are provided at the developer’s expense. o The proposed residential development is located along private roads which are to remain private. Section 4.2.1.5.: Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. (…) o

The proposed severed parcels are sufficiently sized to accommodate individual onsite water and sewage services. Additional suitability factors will be evaluated and addressed through the building permit process.

Section 6.1.: It is the intent of this Plan that the County’s significant cultural heritage resources be identified, conserved and whenever practical, enhanced and that new development take place in a manner that respects the County’s rich cultural heritage. The cultural heritage resources of the County generally include: a) Built heritage resources; b) Cultural heritage landscapes; and c) Archaeological resources. (…) o

The subject property is not known to contain, nor is adjacent to, known cultural heritage resources.

Section 7.1.4.1.: (…) o

Development and site alteration shall not be permitted within lands adjacent to provincially significant wetlands or significant coastal wetlands unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on their features or their functions. Adjacent lands shall include lands contiguous to the wetland or areas where it is likely that development or site alteration will have a negative impact on the wetland. The extent of the adjacent lands shall be defined in the Township Official Plans, based on approaches recommended by the Province or based on Township approaches which achieve the same objective. o Section 5.2.5. of the Township OP provides that adjacent lands to PSWs includes lands within 120 metres. The proposed severed parcels are located greater than

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120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane. Section 7.1.4.4.1.: (…) •

New lot creation shall not be allowed within 300 metres of at-capacity lake trout lakes located in Frontenac County. The list of such designated lakes are identified on Appendix “1B” and listed in Appendix “2” and shall be included in Local Official Plans. o The proposed severed parcels are located greater than 300 metres from Loughborough Lake, which is identified on Appendix ‘1B’ of the County OP.

Township of South Frontenac Official Plan The Township of South Frontenac Official Plan was adopted by South Frontenac Township Council on September 5, 2000, approved by the Minister of Municipal Affairs and Housing on April 30, 2002, and finally approved by the Ontario Municipal Board on November 25, 2003. The Township OP was most recently consolidated to Official Plan Amendment 25 on January 23, 2024. The purpose of the Township OP is to provide a vision, goals, objectives and policies to direct the physical development of the Township while having regard for relevant social, economic and environmental matters. The following policies of the Township OP are directly relevant to the proposed development: Section 5.2.5. – Significant Wetlands ‘W’: No new development or site alteration within 120 metres of a provincially significant wetland, nor the expansion or redevelopment of existing development within or adjacent to a provincially significant wetland is permitted unless it has been determined through an Environmental Impact Assessment, completed in accordance with Section 5.2.11 of this plan, that there will be no negative impacts on the natural features or ecological functions of the wetland. o

The proposed severed parcels are located greater than 120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane.

Section 5.2.8. – Lake Trout Lakes: (…) a) Highly Sensitive Lake Trout Lakes: (…) i) 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. o The proposed severed parcels are located greater than 300 metres from the West Basin of Loughborough Lake, which is identified as being a highly sensitive lake trout lake. Section 5.5.2. – Influence Area: The concept of an influence area is recognized as a means of protecting against incompatible land uses in the vicinity of Mineral Aggregate designations and to protect existing pits and quarries from encroachment from other incompatible land uses. In accordance with this concept,

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

The proposed severed parcels are located between 300 metres and 500 metres of the quarry. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, which implements this policy, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 5.7.7. - Limited Service Residential Policies: Limited service residential development is generally located in the Rural area of the Township on a body of water or a natural water course where the primary means of access is from a private road or a navigable waterway. i)

The uses permitted shall be single detached residential dwellings, seasonal residential dwellings, seasonal dwellings converted to permanent dwellings and home occupations. o The proposed development is anticipated to consist of single detached residential dwellings.

ii) a) The frontage, size and shape of any lot created for limited service residential purposes through the severance approval process shall be appropriate for the proposed use and shall conform with the provisions of the zoning by-law. As a rule, the minimum lot size shall be 1 hectare with a minimum of 91 metres of water frontage and 76 metres of frontage on a private road. The municipality may consider reductions to the minimum lot size and frontage requirements provided the overall intent of the Plan is maintained. o The proposed frontages and areas of the proposed severed parcels conform with the provisions for single detached dwellings in the Limited Service Residential ‘RLS’ Zone. The proposed severed parcels are rectangular in shape. b) The creation of up to a maximum of three new limited service residential lots per landholding existing on the day of adoption of this Plan may be permitted by consent, in accordance with the General Consent policies of Section 7 of this Plan. o Through pre-application correspondence, the Township confirmed that the creation of two new limited service residential lots is permitted in accordance with this policy. d) Limited service residential development shall be serviced by private water and sanitary sewage disposal systems. Such systems shall be approved by the appropriate authority.

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o

The proposed development is to be serviced with individual on-site water and sewage services.

e) Limited service residential development shall be designed to preserve as much as possible a site’s physical attributes, such as tree coverage, varying topography, scenic views, etc, for the benefit of future residents. o Both of the proposed severed parcels contain sizeable cleared areas and are quite flat, offering opportunity for minimal tree removal and site alteration. f) o

Limited service residential development shall be developed in accordance with the applicable policies of Section 5.2 of this Plan. As previously discussed, the proposed development is in accordance with the applicable policies of Section 5.2.

h) Where an existing limited service residential lot or a lot created by consent of the Committee of Adjustment for limited service residential purposes subsequent to the date of approval of this Plan fronts upon a private road or unassumed public road, a building permit may be issued for the erection of a building or structure providing the applicant enters into an agreement with the Township which is to be registered on title. This agreement is to indicate:

  1. that the owner recognizes that the lot is located on a private road which is not snowplowed or in any other way maintained by the Township.
  2. that the disposal of garbage, snowplowing and any other road maintenance is the responsibility of the property owner; and
  3. that the Township assumes no liability in the event that emergency vehicles are not able to access the lot because of impassable road conditions. o It is anticipated that this policy will be implemented via a Condition of Approval of the Consent applications.

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Figure 6 - Subject property (black) as shown on Schedule ‘A’ – Land Use Plan of the Township of South Frontenac OP

Section 6.2. – Development Policies: All types of future development shall occur on the basis of the submission and approval of registered plans of subdivision, land severances by consent of the Committee of Adjustment and/or amendments to the implementing zoning by-law. Residential development should primarily occur by registered plan of subdivision. However, development may occur by consent in accordance with the applicable policies of this plan when a plan of subdivision in the opinion of the Municipality clearly is not necessary to ensure orderly development, taking into consideration the social, economic and environmental impacts. o

Applications for Consent have been submitted to facilitate the proposed residential development.

Section 6.10. – Servicing: (…) In areas which are not serviced with municipal water and/or sewage services, lot creation will only be permitted if the proposed development can be supported by the type of servicing being proposed. (…)

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o

The proposed severed parcels are not located in an area with municipal services. The proposed development can be supported with individual on-site water and sewage services.

Section 6.12.: Frontage on Public Roads: No building or structure shall be erected, extended or enlarged on any lot within the Township of South Frontenac unless such lot fronts on a public road except as follows: a) Where a vacant lot fronts upon a private or unassumed public road, a building permit may be issued for the erection of a building or structure providing: i) the lot existed on or before the date of approval of this plan; or the lot is in the form of infilling or an extension to a private road permitted by this Plan and is created by consent of the Committee of Adjustment. o Applications for Consent have been submitted to facilitate the proposed lot creations. ii) the property is zoned to a Limited Service Residential zone; and o The proposed severed parcels are to remain in the Limited Service Residential ‘RLS’ Zone. iii) the applicant at his/her expense enters into an agreement with the Township which is to be registered on title. This agreement is to indicate the following:

  1. that the owner recognizes that the lot is located on a private road which is not snowplowed or in any other way maintained by the Township. o It is anticipated that this policy will be implemented via a Condition of Approval of the Consent applications. Section 6.20. – Influence Areas: (…) Where possible, influence areas will be based on Provincial guidelines. Council, through the review of development applications within influence areas will ensure that land use compatibility issues are addressed. o

The proposed severed parcels are located between 300 metres and 500 metres of the quarry. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

Section 6.22. – Cultural Heritage Resources: (…) All new development permitted by the land use policies and designations of this Plan should have regard for cultural heritage resources and should wherever possible, incorporate these resources into any new development plans. o

The subject property is not known to contain, nor is adjacent to, known cultural heritage resources.

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Section 6.23. – Minimum Distance Separation Formulae: All new farm and non-farm development in the Township shall comply with the Minimum Distance Separation formulae (MDS I and II) as may be amended from time to time. o

Through pre-application correspondence, the Township confirmed a review had been completed and there are no livestock facilities in the area. As a result, minimum distance separation (MDS) I calculations were not identified as a submission requirement.

Section 7.1. – General Consent Policies Applicable to All Land Use Designations: In addition to all other policies of this Plan, the following general consent policies shall apply to all land use designations: a) Consents shall only be granted when it is clearly not necessary in the public interest that a Plan of Subdivision be registered. In this regard, consents will be considered when the creation of new lots, in the opinion of the Municipality, will clearly have no adverse environmental, social or economic impact on the Township or adjacent land uses. o As the proposal seeks to create two new parcels, a Plan of Subdivision is not necessary. c) The size of any parcel of land created by consent shall be appropriate for the uses proposed. No parcel of land created as a result of a consent shall be less than that prescribed in the respective land use designations of this Plan, except for parcels created as lot additions or for technical reasons. o The proposed severed and retained parcels conform with the provisions for single detached dwelling in the Limited Service Residential ‘RLS’ Zone. d) Consents should be granted which generally provide for a satisfactory geometric design of the severed and retained parcels. o The subject property is irregularly shaped. The proposed severed parcels are rectangular. f)

All applications for consent shall be accompanied with a sketch showing to scale the dimensions of the lots (severed and retained) to be created by the proposed consent. In addition, existing buildings and setbacks from the property lines and major topographic and land features such as an escarpment, creek or wetland shall be shown. The sketch shall also identify all buildings, septic systems and wells on the lands subject to the consent application as well as on adjacent lands. (…) o See Figure 5.

g) The creation of no more than two lots in total (i.e. including severed and retained) shall result from any one severance application for a new lot. Consents that are to establish a legal right-ofway for more than 21 years will require an application for consent when it is not part of a proposed new lot.

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o

Two (2) Consent applications have been submitted to facilitate the creation of a total of two (2) new lots.

h) Consents which would result in landlocking a parcel will be denied. All new lots, except limited service residential lots, shall front onto and gain direct access from an existing public road which reflects a reasonable standard of pavement or gravel construction and is maintained year round by the municipality. o The proposed lot creations do not result in the landlocking of a parcel. The proposed severed parcels are to remain in the Limited Service Residential ‘RLS’ Zone. i)

Consents should not be granted for land adjacent to a road from which access is to be obtained where a traffic hazard would be created because of limited sight lines on curves or grades. o Entrancing to the proposed severed parcels is not anticipated to result in a traffic hazard.

k) Any division of land must respect the separation distances for land uses as set out in this Plan and in the Zoning By-law. o The proposed severed parcels are located greater than 30 metres from the creek which traverses the proposed retained parcel, greater than 120 metres from the PSW located on the property known municipally as 1104 Winding Creek Lane, and greater than 300 metres from Loughborough Lake. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects. Based on the review completed above, we are of the opinion that the proposed minor variance maintains the general intent and purpose of the County and Township Official Plans.

Test 2: Is the General Intent and Purpose of the Zoning By-law Maintained? Township of South Frontenac Comprehensive Zoning By-law 2003-75 was passed on September 16, 2023 and has since been subject to multiple amendments. The purpose of the Comprehensive Zoning By-law is to implement the Township’s Official Plan. The subject property is entirely zoned Limited Service Residential ‘RLS’ within Comprehensive Zoning By-law 2003-75, as amended. Section 9.2. of Comprehensive Zoning By-law 2003-75, as amended, provides the following permitted uses for the ‘RLS’ Zone: • • •

a seasonal dwelling, a single detached dwelling, accessory buildings or uses,

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a home occupation, in accordance with the provisions of Section 5.28. of this By-law.

The proposed development consists of single detached dwellings. The proposed severed parcels exceed the required minimum lot area (8,000 square metres required) and minimum lot frontage on a private lane (76 metres required) for uses in the ‘RLS’ Zone. The proposed severed parcels exceed the required minimum setbacks from the creek which traverses the proposed retained parcel (30 metres required), from the PSW located on the property known municipally as 1104 Winding Creek Lane (120 metres required), and from Loughborough Lake (300 metre required).

Figure 7 - Subject property (red) as shown within Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended

Section 5.34.2. provides the following: Residential land uses may be permitted on lands between 300 metres (984.3 ft.) and 500 metres (1,640 ft.) of an existing or proposed quarry provided a minor variance or rezoning application is approved by the Township. The general intent of this provision is to ensure that sensitive land uses do not occur within the potential influence area of an existing or proposed quarry where adverse effects are generally expected to occur unless evidence is provided that adverse effects are not a problem, or can be satisfactorily mitigated to the level of trivial impact. The purpose of the Minor Variance application is to seek relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects.

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Based on the review completed above, we are of the opinion that the proposed minor variance maintains the general intent and purpose of Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended.

Test 3: Is the Variance Minor in Nature? As previously discussed, we are of the opinion that the proposed minor variance maintains the general intent and purpose of the County and Township Official Plans as well as Township of South Frontenac Comprehensive Zoning By-law 2003-75, as amended. Furthermore, as discussed below, it is our opinion that the proposed minor variance is desirable for the appropriate development and use of the subject property. The proposed severed parcels and residential land use are not anticipated to further impact the quarry operation compared to existing development. Considering this, we are of the opinion that the proposed variance is minor in nature.

Test 4: Is the Variance Desirable for the Appropriate Development or Use of the Land, Building or Structure? We are of the opinion that the proposed minor variance maintains the general intent and purpose of the County and Township Official Plans. The proposed minor variance would facilitate the creation of residential land use on lands designated and zoned for the proposed development. Further, the Land Use Compatibility Assessment finds that sufficient buffering exists between the quarry and the proposed severed parcels to minimize adverse effects. Considering this, we are of the opinion that the proposed minor variance is desirable for the appropriate development and use of the subject property.

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Land Use Compatibility Assessment / Zoning Relief Justification ALPS ID 2473 – Cranston Quarry The quarry is located west of the proposed severed parcels, on the west side of Sydenham Road. The quarry holds a ‘Class A’ License with no maximum tonnage, allowing for extraction in excess of 20,000 tonnes annually across the 170,700 square metre (17.07 hectare) licensed area. Extraction is permitted above the water table. The quarry is located at a higher elevation than the proposed severed parcels and is separated from Sydenham Road by a change in topography along with approximately 100 metres in depth of vegetation. Additional vegetated areas are located along the western lot line of the intervening property known municipally as 1030 Burega Lane (approximately 40 metres in depth) as well along western lot line of Proposed Severed Parcel 1. Sydenham Road, which has a speed limit of 80 kilometres per hour in the area of the proposed severed parcels, functions as an arterial road given that it provides a direct link to Highway 401 (south) and Sydenham (north). Resultingly, Sydenham Road accommodates a large volume of daily traffic. Arterial roads, such as Sydenham Road, generate a relatively consistent noise source given the volume and size of vehicle utilizing the thoroughfare. Burega Lane and Winding Creek Lane do not maintain connectivity with other arterial or collector roads, and therefore traffic from the quarry does not travel the private roads. As operations are not permitted below the water table, there are no anticipated adverse effects related to groundwater availability. While drilled wells on the proposed severed parcels have not yet been completed, the owners are aware of the groundwater depth in the area and are cognizant of the potential impact the quarry operations may have on water availability. Detailed investigation would occur prior to operations being permitted to extend below the water table. Operations are further restricted by Township By-law 2015-41, as amended, which prohibits quarry operations between 7PM and 7AM the next day, as well as on Sundays. The hours of operation are generally accepted as common place hours for industrial/commercial operations within many municipal noise by-laws, though it is understood that the ARA and related regulations govern the operations of extractive facilities as it relates to noise emissions. In essence, the operational hours of the extraction facility can be considered normal and should not create a negative impact on surrounding sensitive receptors, inclusive of the subject property and proposed severed parcels. In conclusion, it is our opinion that there is sufficient buffering in the form of topography, vegetation, and other noise sources (Sydenham Road) to minimize adverse effects related to noise and visual impact. Given the location of the proposed severed parcels, being in excess of 275 metres away from the route of ingress / egress of quarry, limited impacts and adverse effects resulting from litter, dust, and other particulates are anticipated. The presence of multiple longstanding dwellings (12 total - including 7 east of Sydenham Road) in closer proximity to the quarry

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which to our understanding have experienced limited adverse effects over the years further strengthens our position that the proposed development is compatible with the quarry. By virtue of these intervening dwellings (sensitive land uses) being in existence, the site operations must function to achieve compliance with Provincial regulations, standards and guidelines such that these established levels of adverse impacts at the abutting residences are not exceeded. As a result, future single detached dwellings anticipated to be constructed on the proposed severed parcels is protected by the existing dwellings.

Figure 8 - Entrance to the Cranston Quarry from Sydenham Road

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Conclusion The unaddressed subject property (PIN 36278-1009) fronting Burega Lane and Winding Creek Lane is currently vacant. The owner has submitted Consent applications seeking to sever two (2) parcels from the subject property, each of which is anticipated to be developed with a single detached dwelling in the future. No development is proposed for the proposed retained parcel through these applications. A Minor Variance application has been submitted seeking relief from Section 5.34.2. of Comprehensive Zoning By-law 2003-75, as amended, to permit residential land use to be established 306 metres away from an existing quarry. The Land Use Compatibility Assessment completed as part of this report finds that sufficient buffering and visual screening exists between the quarry and the proposed severed parcels. The presence of multiple long-standing dwellings in closer proximity to the quarry which, to our understanding, have experienced no adverse effects over the years further strengthens the notion that the proposed development is compatible with the existing quarry operations. Upon conclusion of this Land Use Compatibility Assessment, it is the findings of the author that the proposed development will not result in land use incompatibility on the quarry that is not already addressed through the operational practices, and the regulatory framework governing this site. In conclusion, it is our professional opinion that Consent and Minor Variance applications are appropriate and constitute good land use planning.

Sincerely,

original signed by author

Jason Sands, B.Sc. M.Pl. MCIP. RPP

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To:

Committee of Adjustment

Prepared by:

Development Services Department

Meeting Date:

November 13, 2025

Subject:

Consent Applications PL-BDJ-2025-0106 to 0109, Minor Variance Application PL-ZNA-2025-0110, Winding Creek Lane and Burega Lane, Loughborough District

Summary The consent applications are for the creation of two residential lots and a right-of-way. The minor variance application relates to the location of the lots relative to a quarry. This report recommends approval of the applications. Background The properties that are subject to these applications are located east of Sydenham Road and north of Loughborough Lake. Applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107 are for the creation of two vacant residential lots from a vacant, 18 acre property on Winding Creek Lane. Lot 1 (PL-BDJ-2025-0106) would be 2.5 acres in size. It would have 87 metres frontage on Winding Creek Lane and 113 metres frontage on Burega Lane. It would be accessed off Winding Creek Lane only. Staff note that the public notices incorrectly say that Lot 1 would be accessed off Burega Lane. Lot 2 (PL-BDJ-2025-0107) would be 2.5 acres in size and have 113 metres frontage on Burega Lane. Burega Lane is owned by several individuals. Applications PL-BDJ-20250108 and PL-BDJ-2025-0109 are for a right-of-way in favour of Lot 2 over the first two sections of the lane beginning at Sydenham Road. The total length of the rights-of-way would be approximately 410 metres. There is a licensed quarry on Sydenham Road. Minor variance application PL-ZNA-20250110 is requesting permission for the new lots to be at least 300 metres from this quarry. Supporting Documents A Planning Justification and Land Use Compatibility Report (The Boulevard Group, October 2025) was submitted in support of the applications for new lot creation and minor variance due to how close the subject property is to a licensed quarry. The proposed lots would be at least 300 metres from the quarry. The report found that sufficient buffering exists between the quarry and the proposed lots to minimize adverse effects. More specifically, www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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• • • • •

Sydenham Road accommodates a large volume of daily traffic and generates a relatively consistent noise source that is not experienced on the private lanes. Limited impacts and adverse effects from litter, dust and other particulates due to distance from quarry entrance. The quarry is licenced for extraction above the water table. The hours of quarry operations restricted per the Township’s noise by-law 2015-41, as amended. The quarry site operations must function to achieve compliance with Provincial regulations, standards and guidelines such that established levels of adverse impacts at the existing residences between quarry and the proposed lots are not exceeded.

Agency Comments Planning staff and Cataraqui Conservation staff visited the subject lands with the applicant as part of the pre-application process. Cataraqui Conservation staff indicated that there was no evidence of surficial karst in the areas we looked at. In their formal comments on the consent applications for the residential lots, they recommended that if the severances proceeded, that any development agreement include a clause stating that should karst features (e.g. fissures, crevices, sinkholes, etc.) be encountered on the subject lands during construction/ excavation of the site, the owner will need to contact CRCA staff to determine appropriate actions which would include additional assessment by a qualified professional to determine the extent and risks associated with karst at the property. They identified a watercourse on the retained parcel, and noted that there is sufficient area for any future development to be located more than 30 metres from the watercourse. They recommended that native vegetation (trees, shrubs, native plants) within 30 metres of watercourses be kept in place and enhanced, to help stabilize soils. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The consent applications need to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Lake Trout Lake A portion of the property that is subject to the consent applications for two new lots is within 300 metres of the West Basin of Loughborough Lake, which is an at-capacity lake trout lake.

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The PPS requires development to be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored, which may require mitigative measures and/or alternative development approaches (section 4.2.2). The County Official Plan states that new lot creation shall not be allowed within 300 metres of at-capacity lake trout lakes (section 7.1.4.4.1). It also requires the Township Official Plan to contain policies to protect these lakes and policies on exceptions to the prohibition. Section 5.2.8(a)(ii) of the Township Official Plan generally prohibits new lot creation within 300 metres of an at-capacity (highly sensitive) lake trout lake. The severed parcels would be more than 300 metres from the lake and therefore conform to this policy. The retained parcel would continue to be considered a lot of record for the purpose of section 5.2.8(a)(i) of the Official Plan. This policy permits new development on a lot of record subject to a minimum 30 metre setback from the highwater mark. The retained parcel is 200 metres from Loughborough Lake at the closest point. Development is not proposed at this time. Proximity to Quarry The PPS indicates that mineral aggregate resources shall be protected for long-term use (section 4.5.1). It also requires mineral aggregate operations (e.g. pits and quarries) to be protected form development and activities that would preclude or hinder their expansion or continued used or which would be incompatible for reasons of public health, public safety or environmental impact (section 4.5.4). The County Official Plan contains policies that are consistent with the PPS. The Township Official Plan intends to protect wherever possible and practical sand and gravel resources and a reasonable amount of bedrock resources for aggregate extraction and to ensure that resources are utilized in accordance with the proper controls. The quarry on Sydenham Road is designated “Mineral Aggregate” and is zoned Quarry ‘A’ (QA). The Township Official Plan recognizes the concept of an influence area as a means of protecting mineral aggregate and existing quarries from incompatible land uses. For this reason, the Official Plan prohibits residential land uses within 300 metres of an existing or proposed quarry. The Official Plan also intends to prevent incompatible lands uses less than 500 metres but more than 300 metres from an existing quarry. The 500 metre influence area is not meant to be a strict buffer or setback area in which development is prohibited. Rather, it is an area where impacts may occur or may be experienced, and development may occur subject to a technical assessment. These policies are implemented through the Zoning By-law. Section 5.34.2 of the Zoning By-law specifies that residential land uses may be permitted between 300 metres and 500 metres of an existing quarry provided a minor variance or rezoning application is approved by the Township. A land use compatibility study is required in support of such proposals. Lot 1 would be 300 metres from the quarry and Lot 2 would be 413 metres from the quarry. The Planning Justification and Land Use Compatibility Report (The Boulevard Group, October 2025) concluded that the approval of the severance applications and the minor variance application will not result in any incompatibility with the quarry, as described www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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above. Therefore, the minor variance would maintain the intent and purpose of the Official Plan and Zoning By-law. Limited Service Residential Uses The property that is subject to the consent applications for two new lots is designated Rural in the Township Official Plan. It is zoned Limited Service Residential (RLS) in Zoning Bylaw No. 2003-75, as amended. The PPS and the County Official Plan speak to permitting residential development that is sensitive to the surroundings and where site conditions are suitable for the provision of appropriate sewage and water services. The Township Official Plan permits a wide range of uses in the Rural designation including limited service residential uses. The type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. Section 5.7.7(c) of Township Official Plan does not permit non-waterfront residential lots on private lanes where the lane services primarily waterfront residential development. This policy does not apply to the subject applications because Winding Creek Lane and Burega Lane are used by both non-waterfront lots and waterfront lots, as well as for agricultural field access. The property that is subject to the consent applications for two new lots has deeded access over the Winding Creek Lane right-of-way from Sydenham Road. This right-of-way would carry forward to Lot 1. Lot 2 is proposed to be granted access over the existing Burega Lane right-of-way beginning at Sydenham Road and ending at the eastern edge of the lot’s frontage. The rights-of-way do not need to be resurveyed. The lanes do not need to be upgraded to the Township’s private lane standards, per the Official Plan. Section 5.7.7(b) of the Township Official Plan indicates that a maximum of three limited service residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for a severance under Section 5.7.7, as there have been no previous severances from the subject property since the adoption of the Township Official Plan. Section 5.7.7(a) of the Township Official Plan requires any lot created for limited service residential purposes to have a frontage, size and shape that is appropriate for the proposed use and that conforms to the Zoning By-law provisions. The subject property is zoned RLS, which requires a minimum 0.8 hectare (2 acre) lot area and 76 metre frontage on a private lane. The severed parcels and the retained parcel would exceed these requirements. Lot 1 would be 2.5 acres in size. It would have 87 metres frontage on Winding Creek Lane and 113 metres frontage on Burega Lane. Lot 2 would be 2.5 acres in size and have 113 metres frontage on Burega Lane. Staff recommend that the Committee approve the lots with a minimum 2 acre lot area to provide the Ontario Land Surveyor flexibility in surveying the lots to ensure that there is sufficient overlap between the frontage for Lot 2 and the Burega Lane right-of-way for a safe driveway entrance. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Special Development Requirements Staff recommend that a development agreement be a condition of the consent approvals. The development agreement would be used to notify potential purchasers and future owners about special requirements that will apply to development of the severed parcels. Cataraqui Conservation noted that the subject lands are in an area of inferred karst. The development agreement would make people aware of this potential, and provide direction on what to do if karst features are encountered during construction/excavation of the site. The development agreement would also make people aware of the limitations associated with private lane access including the requirement for private maintenance and the lack of municipal maintenance and services. Conclusion The consent applications meet the criteria outlined in section 51(24) of the Planning Act, do not require a plan of subdivision for the proper and orderly development of the municipality, are consistent with the PPS, and conform to the County and Township Official Plans. The severed parcels and retained parcel will comply with the Zoning By-law. It is the opinion of Planning staff that allowing two new residential lots to be located 300 metres from an existing quarry meet the four tests for a minor variance – the variances maintain the general intent and purpose of the Official Plan and Zoning By-law, they are desirable for the appropriate development of the lands, and they are minor in nature. Notice/Consultation Notice of the Statutory Public Hearings was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearings. This included notice given: • • •

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

Recommendations It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve:

  1. Applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107, each for consent to sever one new residential lot from the property with roll number 102904006001840 and legal description Parts 1 and 24 on 13R14183, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 1 and 2.
  2. Application PL-BDJ-2025-0108 for consent for a right-of-way over 3624 Sydenham Road, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 3. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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  1. Application PL-BDJ-2025-0109 for consent for a right-of-way over 1079 Burega Lane, Part of Lot 7, Concession 1, Loughborough District, Township of South Frontenac subject to the conditions listed in Attachment 4.
  2. Application PL-ZNA-2025-0110 such that the severed parcels from consent applications PL-BDJ-2025-0106 and PL-BDJ-2025-0107 are permitted to be at least 300 metres from the quarry on the west side of Sydenham Road. Report Prepared By: Christine Woods, RPP, MCIP, Manager of Planning Attachment 1. Recommended Conditions for Application PL-BDJ-2025-0106 Expiry Period
  3. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  4. The lands to be severed shall be for the creation of one new residential lot a minimum of 0.8 hectares (2 acres) in area with a minimum of 87 metres frontage on Winding Creek Lane. The lot area, frontage and configuration of the proposed severed lot shall be consistent with application sketch. Survey/Reference Plan or Registerable Description
  5. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  6. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  7. The lawyer for the owner shall submit the pertinent documentation noting all servient and dominant lands for legal right-of-way along Winding Creek Lane in draft to the Secretary-Treasurer for review prior to registration. Municipal Requirements

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  1. 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.
  2. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1), By-law 2023-104].
  3. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel.
  4. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  5. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Notice regarding what to do if karst features are encountered during construction/excavation of the site; b. Notice regarding compliance with the Endangered Species Act; c. Notice regarding archeological resources and human remains; and d. Notice regarding limited municipal liability and services on a private lane.
  6. The subject lands are subject to two provisionally-approved consent applications. The new lots shall be registered in sequence of PL-BDJ-2025-0106 first and PLBDJ-2025-0107 second. Zoning
  7. The applicant is required to obtain a minor variance from Zoning By-law No. 200375, as amended, to permit the severed parcel to be at least 300 metres from the quarry on the west side of Sydenham Road.
  8. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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Attachment 2. Recommended Conditions for Application PL-BDJ-2025-0107 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
  2. The lands to be severed shall be for the creation of one new residential lot a minimum of 0.8 hectares (2 acres) in area with a minimum of 113 metres frontage on Burega Lane. The lot area, frontage and configuration of the proposed severed lot shall be consistent with application sketch. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The Ontario Land Surveyor shall also confirm that there is that there is sufficient overlap between the frontage of the severed parcel and the Burega Lane right-ofway for a safe driveway entrance approximately 6 metres wide. 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), By-law 2023-104].
  8. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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  1. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official.
  2. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Notice regarding what to do if karst features are encountered during construction/excavation of the site; b. Notice regarding compliance with the Endangered Species Act; c. Notice regarding archeological resources and human remains; and d. Notice regarding limited municipal liability and services on a private lane.
  3. The subject lands are subject to two provisionally-approved consent applications. The new lots shall be registered in sequence of PL-BDJ-2025-0106 first and PLBDJ-2025-0107 second.
  4. The lawyer for the owner shall submit a Solicitors Personal Undertaking to ensure registration of Transfer Easement created by consent application PL-BDJ-20250108, in favour of the severed parcel, within six (6) months of the Certificate of Official being signed by the Township of South Frontenac.
  5. The lawyer for the owner shall submit a Solicitors Personal Undertaking to ensure registration of Transfer Easement created by consent application PL-BDJ-20250109, in favour of the severed parcel, within six (6) months of the Certificate of Official being signed by the Township of South Frontenac. Zoning
  6. The applicant is required to obtain a minor variance from Zoning By-law No. 200375, as amended, to permit the severed parcel to be at least 300 metres from the quarry on the west side of Sydenham Road.
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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

Page 373 of 377

Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

Attachment 3. Recommended Conditions for Application PL-BDJ-2025-0108 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Survey/Reference Plan or Registerable Description
  2. Consent is granted for an approximately 15 metre wide and 360 metre long right-ofway to be registered in favour of the severed parcel from application PL-BDJ-20250107 (Part of PIN 36278-1009) to provide legal access over Burega Lane beginning at Sydenham Road.
  3. An acceptable reference plan or legal description of the right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the right-of-way, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The lawyer shall submit the pertinent documentation noting all servient and dominant lands for the Burega Lane right-of-way in draft to the Secretary-Treasurer for review prior to registration. 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. Zoning
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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

Page 374 of 377

Township of South Frontenac Staff Report PL-BDJ-2025-0106 to 0109 and PL-ZNA-2025-0110

Attachment 4. Recommended Conditions for Application PL-BDJ-2025-0109 Expiry Period

  1. Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Survey/Reference Plan or Registerable Description
  2. Consent is granted for an approximately 15 metre wide and 51 metre long right-ofway to be registered in favour of the severed parcel from application PL-BDJ-20250107 to provide legal access over Burega Lane beginning at Sydenham Road.
  3. An acceptable reference plan or legal description of the right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the right-of-way, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  4. The Ontario Land Surveyor or the applicant shall submit the draft Reference Plan, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
  5. The lawyer shall submit the pertinent documentation noting all servient and dominant lands for the Burega Lane right-of-way in draft to the Secretary-Treasurer for review prior to registration. 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. Zoning
  7. Where a violation of Zoning By-law No. 2003-75, as amended, is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.

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

Page 375 of 377

To:

Committee of Adjustment

From:

Kate Kaestner, Planning Clerk

Report Date:

November 13, 2025

Subject:

Decisions on Delegated Consents, October to November 2025

Summary This report summarizes the Consent applications that have been approved by Brad Wright, Director of Development Services, between October 10, 2025 and November 13, 2025.

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

Discussion a) PL-BDJ-2025-0089 – Bedford District Approved on October 14, 2025 This application is for a lot addition from unaddressed lands on Hickey Lane (ARN: 102902004022401) to be conveyed to adjacent lands at 50A Devine Lane. The lot addition will be 0.6 acres of area and will increase the size of the property to 1.1 acres. The Hickey Lane property will be approximately 9.7 acres in remaining area. Appendix A – Mapping of application(s) Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Christine Woods, Manager of Planning

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

Page 376 of 377

Township of South Frontenac Staff Report – Decisions on Delegated Consents

APPENDIX A

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

Page 377 of 377

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