Committee Of Adjustment - 13 Sep 2018 - Agenda

Published September 13, 2018

Word Count 42142 words

Reading Time 198 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: September 13, 2018 Collection: Council Agendas Municipality: South Frontenac

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Document Text

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

7:00 PM, Thursday, September 13, 2018 Council Chambers.

Call to Order

Resolution

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – August 9, 2018

Resolution

Business Arising from the Minutes

Megan Rueckwald, Manager of Community Planning, County of Frontenac, will give a presentation on the topic of the Local Planning Appeal Tribunal (LPAT), which has replaced the Ontario Municipal Board (OMB), and changes to the requirements for reports and the appeal process.

Consent Applications from Previous Meetings:

S-48-18-L -Helen and Spencer Storms (Jeff Bennett-agent) Concession 5, Part Lot 6, Storm Haven Lane/Slumber Lane, District of Loughborough - Amend conditions of Provisional Consent granted for a lot addition

S-63-18-S - 548883 Ontario Limited - Concession 8, Part Lot 15/16, Hiawatha Lane, District of Storrington - Consent to create a new limited service residential waterfront lot, together with a right-of-way

36 - 41

S-64-18-L - Douglas Roche - Concession 2, Part Lot 1, Forest Road, District of Loughborough - Consent to create a rural residential lot

42 - 46

S-66-18-P - Mark and Sharon Alton (Robert Smith) - Concession 5, Part Lot 1, 3254 Harrowsmith Road, District of Portland - Consent to create a new rural residential lot S-67-18-P - Mark and Sharon Alton (Robert Smith) - Concession 5, Part Lot 1, 3254 Harrowsmith Road, District of Portland - Consent to create a new rural residential lot

47 - 60

S-73-18-P - Raymond Bond and Beverlee Smart - Concession 10, Part Lot 12, 5081 Cross Road, District of Portland - Consent to create a new rural residential lot

61 - 66

S-74-18-B - Paul Snelgrove - Concession 2, Part Lot 1, Frye Lane, District of Bedford - Consent to create a lot addition

67 - 69

New Consent Applications:

3 - 15

16 - 34

Page 1 of 170

S-76-18-B - Trevor Tucker - Concession 7, Part Lot 27 and 28, Dewitt Lane, District of Bedford - Consent to create a new lot for a permanent parking area and dock, for the benefit of two water access residential lots

70 142

S-77-18-P - Steven and Patricia Lafontaine - Concession 12, Part Lot 7, Desert Lake Road, District of Portland - Consent to create a new rural residential lot

143 148

S-78-18-L - Sally VanLuven (Laframboise) - Concession 5, Part Lot 7, Rutledge Road, Sydenham lake, District of Loughborough Consent to create a new waterfront residential lot, together with a right-of-way

149 154

S-79-18-L - Roland Clark, Stephen Clark, Emmett Williams, Leann Clark - Concession 4, Part Lot 3, Campbell Road, District of Loughborough - Consent to create a new rural residential lot

155 160

S-81-18-L - Sally VanLuven (Simpson) - Concession 5, Part Lot 7, Rutledge Road, District of Loughborough - Consent to create a lot addition

161 165

S-82-18-S - George Desrochers -Concession 10, Part Lot 14, Ramparts Road, Battersea Road, District of Storrington - Consent to create a new agricultural lot

166 169

New Minor Variance Applications:

MV-18-18-B - Eric and Cheryle Freedman - Concession 14, Part Lot 3, 1600B Massassauga Road, District of Bedford - Variance to reduce the waterbody setback from 30 metres to 4.3 metres at the closest point to permit the original cottage on the property be converted

Other Business

Adjournment

Resolution

170

Page 2 of 170

TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT

MINUTES 18:07 August 9, 2018 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) Larry Redden (Portland District) John Sherbino (Loughborough District)

ABSENT WITH REGRETS:

David Hahn (Bedford District) Alan Revill (Bedford District-C) Brad Barbeau (Portland District-C) Ross Sutherland (Loughborough District)

STAFF:

Megan Rueckwald – Secretary-Treasurer Jennie Kapusta – Deputy Secretary Treasurer

Contents Item #1: Call to Order ………………………………………………………………………………………… 1 Item #2: Appointment of Chair & Secretary-Treasurer ……………………………………………. 1 Item #3: Adoption of the Agenda …………………………………………………………………………. 2 Item #4: Conflict of Interest ………………………………………………………………………………… 2 Item #5: Approval of Minutes………………………………………………………………………………. 2 Item #6: S-63-18-S (548883 Ontario Limited) ……………………………………………………….. 2 Item #7: S-64-18-L (Roche)………………………………………………………………………………… 2 Item #8: S-65-18-S (Knapp) ……………………………………………………………………………….. 3 Item #9: S-66-18-P, S-67-18-P (Alton) …………………………………………………………………. 3 Item #10: S-68-18-B (1344938 Ontario Limited) ……………………………………………………. 4 Item #11: S-69-18-P (Pepper) …………………………………………………………………………….. 4 Item #12: S-70-18-B, S-71-18-B (St. Arnaud/Walker) …………………………………………….. 6 Item #13: S-72-18-P (Neumann) …………………………………………………………………………. 7 Item #14: S-73-18-P (Smart) ………………………………………………………………………………. 9 Item #15: S-74-18-B (Snelgrove) ………………………………………………………………………… 9 Item #16: S-75-18-P (Lappen)…………………………………………………………………………….. 9 Item #17: MV-16-18-P (Organ/McWhirter) ………………………………………………………….. 10 Item #18: MV-17-18-S (Kirkham) ………………………………………………………………………. 11 Item #19: Other Business …………………………………………………………………………………. 12 Item #20: Adjournment …………………………………………………………………………………….. 12

Item #1: Call to Order RESOLUTION:

C of A: 18:07:01

Moved by: J. Sherbino

Seconded by: R. Sleeth

THAT the August 9th, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:15 p.m. Carried Item #2: Appointment of Chair & Secretary-Treasurer RESOLUTION:

C of A: 18:07:02

Moved by: R. Sleeth

Seconded by: J. Sherbino

THAT the South Frontenac Committee of Adjustment hereby appoints Larry Redden as Chair of the Committee of Adjustment for the August 9, 2018 meeting. Page 3 of 170

2 Carried RESOLUTION:

C of A: 18:07:03

Moved by: J. Sherbino

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby appoints Megan Rueckwald for the position of Secretary/Treasurer of the South Frontenac Township Committee of Adjustment. Carried

Item #3: Adoption of the Agenda Approved as circulated Item #4: Conflict of Interest Jennie Kapusta, Deputy Secretary-Treasurer, declared a pecuniary interest in application S-66-18-P by Mark and Sharon Alton. Item #5: Approval of Minutes RESOLUTION:

C of A: 18:07:04

Moved By: K. Gee

Seconded By: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the July 12, 2018 meeting of the Committee, as circulated. Carried Item #6: S-63-18-S (548883 Ontario Limited) Speaking to the Application: Leslie Briscoe Discussion: This application is for the creation of a new lot. An adequate report had not yet been received from KFL&A Public Health. RESOLUTION:

C of A: 18:07:05

Moved by: J. Sherbino

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-63-18-S by 548883 Ontario Limited, to create a new lot, in Concession 8, Part Lot 15/16, Hiawatha Lane, District of Storrington, subject to review of KFL&A comments Carried

Item #7: S-64-18-L (Roche) Speaking to the Application: Douglas Roche Discussion: The applicant is making revisions to the application to satisfy concerns of KFL&A Public Health. RESOLUTION: Moved by: K. Gee

C of A: 18:07:06 Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-64-18-L by Douglas Roche, to create a new lot, in concession 2, part lot 1, Forest Road, in the District of Loughborough, subject to receipt of KFL&S comments, and revision of application. Carried Page 4 of 170

Item #8: S-65-18-S (Knapp) Discussion: This application is to create a right-of-way to provide access to a land-locked parcel. Committee members agreed that this appeared to be a straightforward and supportable request. RESOLUTION:

C of A: 18:07:07

Moved by: K. Gee

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-65-18-S by Randy and Brenda Knapp, to create a right-of-way, in concession 10, part lot 31, Beach Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-65-18-S Randy & Brenda Knapp Concession 10, Part Lot 31, Burnt Hills Road/Beach Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a right-of-way Date of Hearing: August 9, 2018 Date of Decision: August 9, 2018 DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

Conditions

An acceptable reference plan or legal description of the lands and right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be registered as a right-of-way shall be for a width of 20 metres (66 feet) and a length of approximately 192 metres in length.
The right-of-way shall be constructed to the Township’s private lane standards to the satisfaction of the Township Public Works Manager or their designate.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. Item #9: S-66-18-P, S-67-18-P (Alton) Discussion: These applications were for the creation of two lots fronting on Harrowsmith Road. Additional information is required and applications are therefore being deferred. RESOLUTION: C of A:18:07:08 Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-66-18-P by Mark and Sharon Alton, to create a new lot, in concession 5, part lot 1, Harrowsmith Road, District of Portland. Carried RESOLUTION: C of A 18:07:09 Moved by: K. Gee

Seconded by: R. Sleeth Page 5 of 170

4 THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-67-18-P by Mark and Sharon Alton, to create a new lot in concession 5, part lot 1, Harrowsmith Road, District of Portland. Carried

Item #10: S-68-18-B (1344938 Ontario Limited) Speaking to the Application: Norman Mole Discussion: The proposal is for a right-of-way for water access. The request was for a 20 m wide right-of-way; however, the Township Planning Department recommended 4 m. Tom Morrow, who wishes to be granted this right-of-way, supports a wider than 4 m right-of-way. There was some concern that the right-of-way just needed to access the Morrow property but did not need to go all the way to the water’s edge. The Committee did not support this suggestion, and there was no seconder for such a motion. RESOLUTION: C of A 18:07:10 Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby amends the width of the rightof-way, applied for by 1344938 Ontario Ltd., concession 24/25, part lot 20, Sunset Shores Lane, District of Bedford, to 10 m from 20m as applied for on application S-68-18-B. Carried RESOLUTION: C of A 18:07:11 Moved by: K. Gee

Seconded by: R. Sleeth

That the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-68-18-B by 1344938 Ontario Limited, to create a right-of-way in concession 24/25, part lot 20, Sunset Shore Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

S-68-18-B 1344938 Ontario Limited Concession 5, Part Lot 23, 942 Sunset Shores, District of Bedford, Township of South Frontenac (Bobs Lake) Purpose of Application: Consent for creation of a right-of-way Date of Hearing: August 9, 2018 Date of Decision: August 9, 2018 DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

Conditions

An acceptable reference plan or legal description of the lands and right-of-way in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be registered as a right-of-way shall be for a maximum width of 10 metres.

Item #11: S-69-18-P (Pepper) Speaking to the application: Robin Pepper Discussion: The application is for the creation of a new lot fronting on Craig Road, District of Portland. Redden expressed concern about the safety of the proposed entrances location. A report from Public Works indicated that they had visited the site and the location is acceptable. It was confirmed that legal access exists to the retained parcel. Page 6 of 170

5 RESOLUTION: C of A 18:07:12 Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-69-18-P by Robin Pepper, to create a new lot in concession 14, part lot 6, Craig Road, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:

S-69-18-P Robin Pepper Concession 14, Part Lot 6, 6724 Craig Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create one new lot Date of Hearing: August 9, 2018 Date of Decision: August 9, 2018 DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

Conditions

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-69-18-P shall be for the creation of a rural residential lot that is approximately 2.75 acres in area with approximately 130 metres of frontage along Craig Road.
The land to be retained by Consent Application S-69-18-P shall have a minimum road frontage of 76 metres (250 ft) along Craig Road and an area of approximately 5.8 acres in area.
The surveyor who prepares the reference plan referred to in Condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a) The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b) The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c) The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended.

d) The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e) The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 5. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.

Page 7 of 170

6 6. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-69-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 8. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through Consent Application S-69-18-P. 9. That the Owner shall submit evidence of legal deeded access to the existing residence on the retained lands as part of Consent Application S-69-18-P. 10. That the Owner shall obtain an amendment to the Township of South Frontenac Zoning Bylaw to rezone the severed lot from Urban Residential – First Density (UR1) to Rural (RU) and the retained lands from Urban Residential – First Density (UR1) to Waterfront Residential (RW).

Item #12: S-70-18-B, S-71-18-B (St. Arnaud/Walker) Speaking to the application: William St. Arnaud Discussion: The applications are the creation of two water access lots with deeded mainland parking and docking facilities in concession 8, part lot 28, St. Arnaud Acres, District of Bedford. A portion of the shoreline is considered a narrow water body, but the there is sufficient frontage to accommodate the necessary frontage. The retained parcel would have 260 m. RESOLUTION: C of A 18:07:13 Moved by R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-70-18-B by William St. Arnaud and Janice Walker, to create a new lot together with deeded mainland parking and docking facilities, in concession 5, part lot 28, St. Arnaud Acres, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

S-70-18-B St. Arnaud and Walker Concession 5, Part Lot 28, District of Bedford, Township of South Frontenac (St. Arnaud Acres) Purpose of Application: Consent to create a new water access lot Date of Hearing: August 9, 2018 Date of Decision: August 9, 2018 DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

Conditions

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-70-18-P shall be for the creation of a water access lot that is approximately 14 acres in area with approximately 230 metres of frontage along Bobs Lake with legal deeded parking along Burns Lane.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.

Page 8 of 170

7 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-70-18-P and S-71-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 6. That the applicant shall rezone the severed lands from Rural (RU) to Limited Service Residential Waterfront (RLSW) to recognize that the lots are not accessible by a Township maintained road and limit the permitted uses on the subject property. RESOLUTION: C of A 18:07:14 Moved by R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-71-18-B by William St. Arnaud and Janice Walker, to create a new lot together with deeded mainland parking and docking facilities in concession 5, part lot 28, St. Arnaud Acres, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

S-71-18-B St. Arnaud and Walker Concession 5, Part Lot 28, District of Bedford, Township of South Frontenac (St. Arnaud Acres) Purpose of Application: Consent to create a new water access lot Date of Hearing: August 9, 2018 Date of Decision: August 9, 2018 DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

Conditions

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-71-18-P shall be for the creation of a water access lot that is approximately 8 acres in area with approximately 130 metres of frontage along Bobs Lake with legal deeded parking along Burns Lane.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-70-18-P and S-71-18-P, in lieu of parkland [Planning Act, s. 51(1)].
That the applicant shall rezone the severed lands from Rural (RU) to Limited Service Residential Waterfront (RLSW) to recognize that the lots are not accessible by a Township maintained road and limit the permitted uses on the subject property.

Item #13: S-72-18-P (Neumann) Speaking to the Application: Dana Neumann Discussion: Page 9 of 170

8 The application is for the creation of a new lot on Alton Road. Committee members and agencies had no opposition. RESOLUTION: C of A 18:07:15 Moved by: K. Gee

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-72-18-P by Dana and Angela Neumann to create a new lot in concession 5, part lot 5, Alton Road West, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:

S-72-18-P Dana and Angela Neumann Concession 5, Part Lot 5, 3886 Alton Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create one new lot Date of Hearing: August 9, 2018 Date of Decision: August 9, 2018 DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

Conditions

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-72-18-P shall be for the creation of an approximately 3.75 acres lot with a minimum of 76 metres of frontage along Alton Road.
The surveyor who prepares the reference plan referred to in Condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.

Page 10 of 170

9 6. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-72-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 8. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-72-18-P.

Item #14: S-73-18-P (Smart) Speaking to the application: applicants Discussion: The application is for the creation of a new residential lot in concession 10, part lot 12, Cross Road, District of Portland. Agencies were satisfied. A neighbour to the north was concerned about drainage onto his property as a result of development on the proposed new lot. There was discussion among Committee members concerning the possible need for lot grading. The applicant asked that application be deferred so that discussions with Public Works could determine the need for, and cost of, any necessary grading.

Item #15: S-74-18-B (Snelgrove) Speaking to the application – P. Snelgrove Discussion: The application is for a lot addition in concession 2, part lot 1, Frye Lane, District of Bedford. Information provided by the public was inconsistent with that provided by the applicant’s statement. It was agreed that the application should be deferred pending amended submission. RESOLUTION: C of A 18:07:17 Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-74-18-B by Paul Snelgrove, to create a lot addition, in concession 2, part lot 1, Frye Lane, District of Bedford, subject to determination of lot to be added to, and appropriate notification. Carried

Item #16: S-75-18-P (Lappen) Speaking to the application: George Lappen Discussion: The application is for the creation of new lot in concession 12, part lot 25, Bellrock Road, District of Portland. There were no objections to the application. RESOLUTION: C of A 18:07:18 Moved by: K. Gee

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-75-18-P by George Lappen, to create a new lot, in concession 12, part lot 25, Bellrock Road, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:

S-75-18-P George Lappen Concession 12, Part Lot 25, 5743 Bellrock Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create one new lot Date of Hearing: August 9, 2018 Date of Decision: August 9, 2018

Page 11 of 170

10 DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

Conditions

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-75-18-P shall be for the creation of an approximately 12 acre lot with approximately 260 metres of frontage along Bellrock Road.
The surveyor who prepares the reference plan referred to in Condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-75-18-P, in lieu of parkland [Planning Act, s. 51(1)].
The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-75-18-P.
The applicant must submit a report from KFL&A Public Health stating that they have no objection to the placement of a septic system on the retained lands.

Item #17: MV-16-18-P (Organ/McWhirter) Speaking to the application: Michael Organ Discussion: The application is to vary section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit an increase in lot coverage from the permitted 5% to 5.7% to allow for the proposed addition of a deck and screened in porch to a residential dwelling in concession 12, part lot 9, Deer Park Lane, ,District of Portland. Page 12 of 170

11 It was the opinion of Committee members and Planning staff that the proposal fit the four tests of a minor variance. RESOLUTION: C of A 18:07:19 Moved by: K. Gee

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-16-18-P by Michael Organ and Michelle McWhirter, to permit an increase in lot coverage over 5% in concession 12, part lot 9, 1154 Deer Park Lane, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:

MV-16-18-P Michael Organ and Michelle McWhirter Concession 12, Part Lot 9, 1154 Deer Park Lane, District of Portland, Township of South Frontenac Purpose of Application: To vary section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit an increase in principal building lot coverage from 5% to 5.7% for the construction of a new deck and screened in porch. Date of Hearing: August 9, 2018 Date of Decision: August 9, 2018 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

This minor variance is for the construction of a deck and screened in porch with a combined area of 1380 square feet as per the plans submitted, to increase the maximum lot coverage to 5.7% for the principal building.
Minor variance MV-16-18-P is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for all demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.

Item #18: MV-17-18-S (Kirkham) Speaking to the application: Keith Kirkham Discussion: The application is for approval of a minor variance to permit construction within allowable top of bank setback (15m reduced to 6m), and to permit reduced required front yard setbacks for a dwelling and garage, in concession 9, part lot 16, Ormsbee Road, District of Storrington. A detailed slope assessment was provided by the applicant, and Committee members Sleeth and Gee felt that the applicant had taken all possible steps to work with the physical constraints of the property. RESOLUTION: c OF a 18:07:20 Moved by: K. Gee

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-17-18-S by Keitha Kirkham, to permit reduction in setback from top of bank and a reduction in front yard, I concession 9, part lot 16, Ormsbee, District of Storrington, subject to conditions. Carried We, the undersigned members of the Land Division Committee for the Township of South Frontenac, do hereby certify that the following is our decision with respect to the minor variance application described below: Application No:

MV-17-18-S Page 13 of 170

12 Owner: Location of Property:

Keitha Kirkham Concession 9, Part Lot 16, Ormsbee Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary Section 5.8.2 b. of the Comprehensive Zoning Bylaw 2003-75 to permit a dwelling with an attached deck and a detached garage to be located 6 metres from the horizontal bank of surface and Section 8.3.1 of the Comprehensive Zoning Bylaw 2003-75 front yard minimum to 13 metres for the principal dwelling and 14 metres for the detached garage. Date of Hearing: August 9, 2018 Date of Decision: August 9, 2018 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

Minor variance is for the construction of the dwelling and attached deck that are setback 6 metres from the top of embankment and setback 13 metres into the front yard as per the drawings and sketch submitted. The dwelling and deck have a floor area of 1,119 square feet and is two storeys.
Minor variance is also for the construction of a detached garage that is setback 6 metres from the top of embankment and setback 14 metres into the required front yard as per the plot plan submitted with a floor area of 440 square feet.
That the mitigation measures contained in the Slope Assessment (Concord Engineering, July 19, 2018) are followed including: a. Sound excavation, grading and drainage practice shall be observed at all stated of construction and appropriate measures implemented to ensure that subgrade and excavation side-slope are preserved. b. Care shall be taken to ensure that excavation and stockpiles do not encroach upon the crest of the slope and that boulders do not become rolling hazards on the slope. c. Control measures such as silt fencing are required given the potential for erosion/siltation. d. Should channelization of runoff become an issue, diffusion of runoff sources using terracing, check dams and similar means shall be used. e. Disturbed areas shall be restored as soon as possible fooling completion of the work with erosion mats as necessary and seeded to promote re-growth.
Minor variance MV-17-18-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for all demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.

Item #19: Other Business Committee members were informed that a presentation would be made at an upcoming meeting regarding the implications of the new LPAT (Local Planning Appeals Tribunal).

Item #20: Adjournment RESOLUTION: Moved by: K. Gee

C of A: 18:07:21: Seconded by: R. Sleeth

THAT the August 9, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 8:45 p.m. to reconvene at 7:00 p.m. on Thursday, September 13, 2018 or at the call of the Chair. Carried

Page 14 of 170

13 Larry Redden Acting Chair

Megan Rueckwald Secretary-Treasurer

Page 15 of 170

Alternate Title Slide Subheading

Building Better Communities and Conserving Watersheds Act, 2017 Page 16 of 170

South Frontenac Committee of Adjustment September 13, 2018

Presentation Outline • Ontario Municipal Board Review • Bill 139 Milestones • Bill 139 Highlights • Areas of Change • Local Planning Appeal Tribunal • Implications for Frontenac

Page 17 of 170

Ontario Municipal Board (OMB) Review • Provincial review began in Spring 2016 • Recommend changes to improve OMB’s role: •

Too many decisions are appealed, hearings complex and costly

•

More respect and deference to local decisions

•

Increase mediation and reduce adversarial nature of hearings

•

Public and community groups need access to the process

• Public-wide consultation – County Council formally responded December 2016 (Council Report 2016-141) Page 18 of 170

Bill 139 Milestones • Introduction/First Reading – May 30, 2017 • Third Reading/Royal Assent – December 12, 2017 • Proclamation – April 3, 2018 Purpose:

• Makes transformative changes to the land use planning and appeal system

Page 19 of 170

Bill 139 Highlights • Planning Act changes: • •

•

More municipal control Strong community voice for local decisions Protect public interest

• Local Planning Appeal Tribunal Act, 2017 •

Establishes Local Planning Appeal Tribunal (LPAT) • • •

Independent, dispute-resolution body Governed by the Local Planning Appeal Tribunal Act Reports through Environment and Land Tribunals Ontario

• Local Planning Appeal Support Centre Act, 2017 •

Establishes the Local Planning Appeal Support Centre (LPASC) • •

Page 20 of 170

Independent agency Mandate to administer cost -effective support services to eligible persons for matters governed by the Planning Act under jurisdiction of the LPAT

Key Areas of Change •

More Municipal Control • • • • •

•

Strong Community Voice • • •

•

Two-year “time-out” – new secondary plans No appeal of interim control bylaws when first passed More authority for Local Appeal Bodies Longer decision timelines Protected Major Transit Station Area (PMTSA) Consistency/Conformity standard Requirement to send info back to approval authority LPAT limited to matters that were part of Council decision

Protecting Public Interest • • • •

No appeal of major Provincial decisions (including County O.P.) Minister’s Zoning Orders Climate change Affordable housing

Page 21 of 170

Key Areas of Change •

More Municipal Control • • • • •

•

Strong Community Voice • • •

•

Protecting Public Interest • • • •

No appeal of major Provincial decisions Minister’s Zoning Orders Climate change Affordable housing

Page 22 of 170

Longer Decision Timelines • More time to assess planning matters and hear public input

• More time to negotiate solutions and potentially avoid appeals •

Timelines extended by 30 days: • Official plans and official plan amendments – 210 days • Zoning by-law amendments and holding by-laws – 150 days

Page 23 of 170

Consistency/Conformity Standard • Restrict appeal grounds for official plans and zoning by-laws to only matters of consistency and/or conformity with provincial and/or municipal policies/plans • Onus is an appellant to set out reasons why Council decision is inconsistent/does not conform with provincial policy and/or applicable official plan

Page 24 of 170

• For non-decision or refusal, onus is on applicant to demonstrate how their proposal would be consistent and how existing OP policies and ZB provisions fall short

Opportunity to Reconsider • Requirements to return matter to a municipality for a new decision when LPAT determines that municipal decision did not follow provincial/local policies • Municipality has 90 days to issue a new decision (does not apply to municipally-initiated matters) •

Reassess application, provide notice of a public meeting, hold meeting, issue new decision

Page 25 of 170

Limited to Matters of Council Decision • LPAT does not have the authority to approve or modify any part of an official plan that is already in effect and was not added, amended or revoked by the municipality when making their original decision.

Page 26 of 170

No Appeal of Major Provincial Decisions • No appeal of provincial decision to approve, modify or refuse new official plan or update

• Appeal if no provincial decision is made within the statutory timeframe • Appeals on non-decisions are not based solely on consistency/conformity

Page 27 of 170

Climate Change and Affordable Housing • Climate Change •

Must identify goals, objectives and actions to mitigate and adapt

• Affordable Housing •

Plan for a range and mix of housing, including affordable housing

Page 28 of 170

Page 29 of 170

Local Planning Appeal Tribunal

Page 30 of 170

Local Planning Appeal Tribunal • Purpose: Carry out a “check-and-balance function” with respect to municipal planning decision-making • Standard of Review: Appellant must explain and demonstrate how the adopted or approved OP/OPA or ZB/ZBA is inconsistent with a PPS, fails to conform with or conflicts with a provincial plan, or fails to conform with an applicable upper-tier official plan. • Time Limits:12, 10 and 6 months (postpone and resume) • Mandatory Case Management Conference: Appellant, approval authority and member of the LPAT

• New Process: Oral and written hearing, only LPAT may call a witness, limits (75min oral, 20pg document book) Page 31 of 170

New Rules - LPAT • Case Synopsis: Focus on issues raised in the appeal, relevant policies referenced. Max 20 pages. • Responding to an Appeal: File responding record if appellant’s record is incomplete (within 20 days of receipt) • Case Management Conference: Must notify if you wish to be involved 30 days in advance • Hearings: Less adversarial

Page 32 of 170

Local Planning Appeal Support Centre

Page 33 of 170

Implications for Frontenac • Tighter Timelines: No canvassing potential hearing dates, timelines for case synopsis and reply, timeframe to make new decision • Transition Guidelines: Outstanding appeals under current system • Continued Participation in Hearings: Minor variance appeal process similar • Modifying Appeal Notices: Who can and when? • Modifying Applications: Conformity/consistency test • Court Involvement: Possibility? Page 34 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Public Meeting – Amend Conditions of Provisional Consent Report Date: September 10, 2018 Application No: Owner: Location of Property:

S-48-18-L Helen and Spencer Storms (Agent: Bennett) Concession 5, Pt. Part Lot 6, 1036 Storm Haven Lane (Slumber Lane), District of Loughborough, Township of South Frontenac Purpose of Application: Lot addition Date of Hearing: June 14, 2018, Amended Conditions September 13, 2018

Recommendation It is recommended that the Committee of Adjustment amend the conditions of provisional consent to correct the address of the benefiting lands noted in Condition 2.

Background At the June 14, 2018 Committee of Adjustment meeting, the Committee granted provisional consent for application S-48-18-L. Application S-48-18-L was for a lot addition of approximately 8.75 acres of land from 1036 Storm Haven Lane to a vacant parcel of land north of the subject property with frontage on Sydenham Lake. In Condition 2 of the Notice of Decision, the land to be severed by Consent Application S-48-18-L shall be for the creation of an 8.75 +/- lot addition only to 1040 Slumber Lane (PIN 362790704). When preparing the conditions, planning staff referenced the incorrect civic address and PIN. Instead, the condition should have referenced the benefitting lands as PIN 362790703 (no civic address assigned to the vacant lot).

Planning Act, Section 53 Section 53(23) of the Planning Act, states that the conditions of provisional consent may be changed at any time before consent is given. Planning staff recommend the change of condition to the correct benefitting lands and view the amendment as minor due to the fact that the Committee of Adjustment made the decision based on the correct identification of the benefiting lands but the incorrect property was referenced in the Notice of Decision. If the changes are minor, no further action is required under the Planning Act.

Recommended Revised Conditions

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-48-18-L shall be for the creation of an 8.75 +/- acre lot addition only to PIN 362790703 (vacant waterfront lot to the north with frontage along Sydenham Lake).
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive $100, in lieu of parkland [Planning Act, s. 51(1)].
Prior to the stamping of the deeds the applicant shall rezone the parcel to be created through Consent Application S-48-18-L from Rural (RU) to Limited Service Residential Waterfront (RLSW). Please see the Township planner to begin this process. Submitted by:

Megan Rueckwald, Manager of Community Planning, County of Frontenac

Page 35 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: August 2, 2018 Application No: Owner: Location of Property:

S-63-18-S 548883 Ontario Ltd. Concession 8, Part Lots 15 and 16, Hiawatha Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create new lot Date of Hearing: August 9, 2018

Recommendation It is recommended that the Committee of Adjustment receive comments from members of the public and that the consent application S-63-18-S be approved subject to conditions.

Proposal An application for consent has been received for the creation of one new waterfront lot from an existing property at Concession 8, Part Lots 15 and 16, District of Storrington, Township of South Frontenac, known municipally as 4071 Hiawatha Lane (see attached map). The existing lot has frontage on Dog Lake with Hood Lane, Hiawatha Lane and Hewett Lane dissecting the property. The subject property is currently operated as recreational resort commercial property known as Hiawatha Hideaway. The proposal is to sever 2.5 acres from an existing 50 acre lot create one new lot containing an existing cottage. S-63-18-P Consent application S-63-18-P is for the creation of a developed waterfront limited services lot. The proposed new lot will have approximately 305 feet of frontage along Dog Lake and is approximately 2.5 acres in area. The lot will be irregularly shaped due to the configuration of the shoreline with a depth of approximately 360 feet. The lot will be accessed by Hiawatha Lane. The lot will contain a seasonal dwelling municipally known as 4065 Hiawatha Lane. Retained Lot The retained lands will consist of approximately 50 acres in area with approximately 900 feet of frontage along Dog Lake and over 1km of private roads dissecting the property. The retained lands will contain three seasonal dwellings as part of the recreational resort commercial property. No further development is proposed for the retained lands at this time. The proposed lot line configuration to sever off the existing waterfront cottage at 4065 Hiawatha Lane results in a lot line that will dissect the cottage at 4071 Hiawatha Lane. Planning staff confirmed with the applicant that the cottage at 4071 Hiawatha Lane will be removed from the subject property; planning staff are recommending the removal of the cottage as a condition of the consent.

Planning Analysis Consistent with Provincial Policy Statement, 2014: Yes Current Official Plan Designation: Rural Application conforms with Official Plan, 2003: Yes Current Zoning: Recreational Resort Commercial Exception Four (RRC-4) Application omplies with Zoning Bylaw 2003-75: Zoning bylaw amendment a condition of severance

Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Page 36 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits resource-based recreational uses, including recreational dwellings on rural lands in Ontario municipalities and in Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 1.1.4.1 a. speaks to building upon rural character and leveraging rural amenities. The consent application will result in the creation of one new waterfront residential lot that can be adequately serviced. The proposed lot meets the Township minimum provisions for the creation of a new waterfront lot. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Further, Section 3: Protecting Public Health and Safety directs development away from area of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage. The Rideau Waterway Development Review Team (RWDRT) reviewed the application for natural hazards, natural and cultural heritage, and water quality and quantity protection policies. In correspondence dated July 18, 2018, the RWDRT has no objection to the proposed consent. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Section 3.3.3.4 Special Policies – Waterfront Areas state that the goal of the Plan is to improve and protect the waterfront areas in Frontenac County as a significant cultural, recreational, economic, and natural environment resource and to maintain or enhance the quality of the land areas adjacent to the shore. Section 4.2: Servicing provides policies for the use of private services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.7 Limited Service Residential Policies permit single detached dwellings and seasonal residential dwellings on waterbodies where the primary means of access if from a private road. As a rule, the minimum lot size shall be 1 hectare (2.5 acres) with a minimum of 91 metres (300 ft) of waterfrontage and 76 metres (250 ft) of frontage on a private road. The creation of up to three limited service residential lots per landholding existing on the day of adoption of the Plan may be permitted by consent. It is planning staff’s understanding that previous lot addition and severance applications have been applied for on the subject property; however, lot addition applications do not result in the creation of new lots and therefore do not contribute to the permitted number. Section 5.7.7 (ii) c. of the Official Plan requires that as a condition of severance approval the owner enter into an agreement with the Township to be registered against title to the lot acknowledging:

The Township does not maintain or repair private roads. On private roads the Township does not provide municipal services normally associated with public roads. Owners are responsible for all costs necessary to maintain the private road. The Township is not responsible for any loss or damage created by the owner’s failure to maintain the private road. Owners agree to indemnify the Township for any loss or damage.

Page 37 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Township of South Frontenac Zoning Bylaw The property is zoned Recreational Resort Commercial Exception Four (RRC-4) in the Township of South Frontenac Zoning Bylaw. The intent of the RRC-4 zone is to permit tourist commercial uses in the Township, many of which are associated with the waterfront. The site specific zoning permits a tourist establishment consisting of three 2-bedroom cottages and two 3-bedroom cottages and accessory buildings. The zone provisions restrict redevelopment of the existing cottages on the subject property. Planning staff are recommending that a condition be included to rezone the severed lands from RRC-4 to Limited Service Residential – Waterfront (RLSW). The RLSW will recognize that the property has waterfrontage and is accessible by private lane. The zoning will restrict the permitted uses to a seasonal dwelling. Planning staff are recommending that the retained lands remain zoned as RRC4; the subject property meets the regulations in Section 18.3.7 of the RRC zone to permit rental cabins.

Agency Analysis and Comments Rideau Waterway Development Review Team (RWDRT) – Comments received July 18, 2018, indicated that RWDRT has no objection to the proposed severance. Planning staff will reach out to the RWDRT to confirm that the cottage at 4065 Hiawatha Lane is to remain on the property but that the cottage at 4071 Hiawatha Lane is to be removed. KFL&A Public Health Unit – Comments received indicated that KFL&A have no objections to the application; that the site has an existing septic system and is flexible in terms of locating a new system if required.

Conditions

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-63-18-S shall be for the creation of residential limited service waterfront lot with a minimum area of 2.5 acres with the required 91 metres of waterfront and 76 metres of frontage along Hiawatha Lane, together with a right-ofway over Hiawatha Lane from Ormsbee Road.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-63-18-S, in lieu of parkland [Planning Act, s. 51(1)].
That the Owners enter into an agreement with the Township registered on title to recognize that the lot is accessible by private lane with limited services in accordance with Section 5.7.7 (ii) c. of the Township’s Official Plan.
That the Owners obtain the required permits and remove the cottage and accessory buildings associated with the municipal address 4071 Hiawatha Lane so that the severed lands contain one seasonal residential dwelling at the 4065 Hiawatha Lane municipal address. Prepared by: Megan Rueckwald, Manager of Community Planning, County of Frontenac

Attachments Map of 548883 Ontario Ltd. property. Site visit images from July 27, 2018. Page 38 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Page 39 of 170

.9.

KFL&A Public Health

http://www.kflaph.ca

Environmenta

I Hea II h Department

‘“9 N“"‘b9"3

Receipt Number:

5-63-18-5

SK-37-2018

0wner(s):

Lesley Briscoe

M““lCIP3mY1

Ward/FormerTownship:

South Frontenac

storrington Concession 8

Registered

Plan 8906

Part(s),

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

Plan of Subdivision:

and sewage, etc)

Severed:

Retained:

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

Depth of Soil

Severed

Retained

0.0m 0.3 m 0.6 m

Minimum of 1 foot of soil/siltwas present

N/A

0.9 m 1,2 m 1.5 m

Percolation rate (estimated):

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

Suitability for on—site sewage disposal:

SEVERED

Conditions:

[— \’

Samfamry

Unsatislactorv

53,9

Flexible

I— Site Specific _

RETAINED

Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System. —Currentseptic system on severed portion has septic belonging to permit ST56-96 —

Conditions:

Satisfactory Unsatisfactory Site Flexible

Site Specific

Miranda lezzi CPH|(C), Public Health Inspector

Inspector:

Approved:

Date: July 31 2018 i

PLEASE FORWARD A COPY OF THE NOTICE OF DECISION TO KFL&A PUBLIC HEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 5494232 ext. 1243 or 1-800~267-7875. programs.

Page 40 of 170

Cottage to be Removed #4071 Hiawatha Lane

Retained Parcel H

T ET EW

N LA

548883 Ontario Limited S-63-18-S

HID

Legend

YL WA EA AN

548883 Ont Ltd property

Proposed New Lot

HIAW ATH AL

4065 Hiawatha Lane Proposed Lot

ANE

4061 Hiawatha Lane 4043 Hiawatha Lane 4049 Hiawatha Lane

#4065 Hiawatha Lane

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

Dog Lake

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

Page 41 of 170

Scale 1:1,250 0

40 Meters

UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: September 7, 2018, Amended September 10, 2018 Application No: Owner: Location of Property:

S-64-18-L Douglas Roche Concession 2, Part Lot 1, 3246 Forest Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create one new rural residential lot (separate two lots that merged on title with a new configuration that complies with the current Zoning Bylaw provisions) Date of Hearing: September 13, 2018

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that application S-64-18-L for a new rural residential lot be approved subject to conditions. The application was deferred at the August Committee of Adjustment meeting to allow the applicant to revise the application from a lot addition to a severance.

Proposal An application for consent has been received for the creation of one new lot from an existing property at Part Lot 1, Concession 2, District of Loughborough, known municipally as 3246 Forest Road (see attached map). The existing lot has frontage on Forest Road and Murvale Road and is approximately 4.25 acres in area. The subject property is currently developed with a dwelling and multiple accessory structures including a large greenhouse and is primarily cleared land. The applicant is proposing to sever approximately 2 acres from an existing 4.25 acre property in order to create one new rural residential lot. The new lot will restore two lots that merged on title with a new confirmation that meets the provisions in the Township’s Zoning Bylaw. S-64-18-L Severed Lot Consent application S-64-18-L is for the creation of a vacant rural residential lot. The proposed new lot would have a minimum of 76 metres of frontage along Forest Road and would be a minimum 2.0 acres in area. A new entrance is proposed off Forest Road to accommodate future development. Retained Lot The retained lands will consist of approximately 2 acres in area with approximately 80 metres of frontage along Forest Road and approximately 108 metres of frontage along Murvale Road. The retained lands will contain all existing structures located on the property. No further development is proposed for the retained lands.

Page 42 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development on rural lands in Ontario municipalities and in Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 1.1.4.1 a. speaks to building upon rural character and leveraging rural amenities. The consent application will result in the creation of one new rural residential lot that can be adequately serviced. The proposed lot exceed the Township minimum provisions for the creation of a new lot in the rural designation for residential purposes. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. There were no natural resources or features identified on the subject property. Section 3: Protecting Public Health and Safety directs development away from area of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage. No natural or human-made hazards were identified on the subject property or neighbouring property. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. The consent application will restore two lots that merged on title with a new confirmation that meets the provisions in the Township’s Zoning Bylaw. Section 4.2: Servicing provides policies for the use of private services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. KFL&A Public Health have no concerns with the proposal. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. As a rule, the minimum lot sizes are to be 2 acres (0.8 hectares) with 76 metres (250 feet) of frontage along a public road. Further, a maximum of three rural residential severances may be permitted from a lot existing as of the date of adoption of the plan. Lots shall be serviced by private water and sanitary sewage disposal systems. The proposed severance application meets the minimum lot sizes and frontage and is located along a Township road. Township of South Frontenac Zoning Bylaw The property is zoned Rural (R) in the Township of South Frontenac Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agriculture and residential. The proposed new lot will meet the minimum lot area and frontage requirements for a single detached residential uses. Provisions in the Bylaw regulate the placement of future structures on the severed lot, including yard setbacks and building coverage.

Agency Analysis and Comments Public Works Department – Public Works has no objection to approving an entrance permit for the proposed lot. KFL&A Public Health – Comments received September 5, 2018 indicate that KFL&A have no objections to the application and the site is flexible for locating a septic system. Page 43 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Conditions

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-64-18-L shall be for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage along Forest Road.
The surveyor who prepares the reference plan referred to in Condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-64-18-L.

Attachments Map of Roche property. Submitted/approved by: Megan Rueckwald, Manager of Community Planning, County of Frontenac

Page 44 of 170

MURVALE ROAD

µ 1004 Fellows Road

ROCHE S-64-18-P

Retained Parcel

Legend

Proposed New Lot

Roche Property Roche Proposed Lot

3246 Forest Road 3210 Forest Road

FELLOWS ROAD

FOREST ROAD

ON RT

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

3229 Forest Road

Page 45 of 170

Scale 1:1,157 0

40 Meters

UTM Projection NAD 83

l_I_I

.0.

KFL&A Public Health

CONSENTTO seven INSPECTIONREPORT

W//WWW~*“aP“~°a

EnvironmentalHealth Department File Number:

Receipt Number:

S-64-18-P

SK-48-2018

Owner(s): Roche, Doug & irisa

ward/FormerTownship:

Municipality: South Frontenac

Loughborough Part(s),

Registered Plan

Concession

Lot

Plan of Subdivision:

13R—4623

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

Severed:

Open ?eld with a dug well

Retained:

Dug well, septic, house, greenhouses

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

Retained

Depth of Soil

Severed

0.0 in 0.3 in 0.6 ITI 0.9 m 1.2 m 1.5 m

N/A

Percolation rate (estimated):

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

Suitability for on-site sewage disposal:

SEVERED

Satisfactory

Unsatisfactory

Conditions:

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

site development.

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

—

I7 I’

5”‘

F’°"‘b’e

Site Specific

RETAINED

Conditions:

Satisfactory Unsatisfactory

Site Flexible Site Specific

inspector: Miranda lezzi CPHI(C),Public Health inspector

Date: Sept 5, 2018

Approved: _‘

PLEASEFORWARDA COPYOF THENOTICEOF DECISIONTO KFL&APUBLICHEALTH. Code A and will be used for the administration of PublicHealth Pers on lnformat on on th xvorm is collected under the authority of th Bunding the Manager of EnvironmentalHealth, KFL&APublic p rog ram Any que tion about th ecol lec‘tion of th information hould be directed to 1243 r 1 8 -267-7875. Poitsrn uth Avenue Kingston Ontario K7M 1V5 ( 13) 549-1232 ext

Page 46 of 170

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

August 31, 2018

Application No: Owner: Location of Property:

S-66-18-P and S-67-18-P Mark and Sharon Alton (Agent: Rob Smith) Concession 5, Part of Lot 1, 3254 Harrowsmith Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create two new lots Date of Hearing: September 13, 2018

Recommendation It is recommended that the receive comments from the public and pending comments received from KFL&A Public Health approve application S-66-18-P and S-67-18-P for the creation of two new lots subject to the recommended conditions. Planning staff recommend deferral, if comments from KFL&A Public Health have not been received at the time of the meeting.

Proposal Applications for consent have been received for the creation of two new lots from an existing property at Part Lot 1, Concession 5, District of Portland, municipally known as 3254 Harrowsmith Road (see attached map). The existing lot has frontage on Harrowsmith Road and Loughborough Portland Boundary Road. The subject property is currently developed with a dwelling, barn (not capable of housing livestock) and accessory structures. The aerial imagery shows that there is a watercourse and ponds on the subject property in addition to heavily vegetated area and cleared fields used for agriculture. There is an active mineral aggregate pit to the rear of the subject property. S-66-18-P (New Lot) Consent application S-66-18-P is for the creation of a rural residential lot containing the existing structures on the property. The proposed new lot will have approximately 880 feet of frontage combined on Harrowsmith Road and Loughborough Portland Boundary Road and is approximately 4 acres in area. The lot will be regularly shaped with a depth of approximately 430 feet. The lot is proposed to have a new access created off Loughborough Portland Boundary Road (indicated on the sketch provided), with the two access points along Harrowsmith Road to be closed. The lot is developed with a dwelling, barn (not capable of housing livestock) and accessory structures. No new development is proposed for the proposed lot. S-67-18-P (New Lot) Consent application S-67-18-P is for the creation of a vacant rural residential lot from the subject property. The proposed new lot will have approximately 510 feet of frontage along Harrowsmith Road and is approximately 3 acres in area. The lot will be regularly shaped with a depth of approximately 250 feet. A new entrance is proposed from Harrowsmith Road to provide access to the proposed lot. It is anticipated that the lot will be developed with a dwelling and used for rural residential. Retained Lot The retained lands will consist of approximately 90 acres in area with over 3000 feet of frontage combined on Harrowsmith and Loughborough Portland Boundary Road. The depth of the retained lands is approximately 1700 feet. The lot will be irregularly shaped due to the previous severances and proposed severances along both Township roads. The retained lands will contain an active mineral aggregate pit and natural features including a watercourse and ponds and part of a wetland. No development is proposed in the vicinity of these features.

Background The applicant is proposing to sever approximately 7 acres from an existing 97 acre property in order to create two new lots. The retained lot will decrease in size to approximately 90 acres in area. Currently, the property is developed with a dwelling, barn and accessory structures; consent application S-66-18-P will separate the structures from the retained lands. No new development is proposed at this time, but there exists a suitable building envelope on the retained lands outside of the mineral aggregate operation.

Page 47 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Planning Analysis Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Resources, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development on rural lands in Ontario municipalities and in Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 1.1.4.1 a. speaks to building upon rural character and leveraging rural amenities. The consent applications will result in the creation of two new rural residential lots; KFL&A Public Health has indicated the proposed lots can be adequately serviced. The proposed lots exceed the Township minimums for the creation of new lots in the rural designation for residential purposes. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Section 2.5 Mineral Aggregate Resources contains policies for the protection of active mineral aggregate operations and known mineral deposits from incompatible land uses. Section 2.5.1 states that mineral aggregate resources shall be protected for long-term use and, where provincial information is available, deposits of mineral aggregate resources shall be identified. Section 2.5.2 contains policies for the protection of long-term resource supply requiring that 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. Section 2.5.2.5 states that in known deposits of mineral aggregate resources and on adjacent lands, development and activities which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if: a) resource use would not be feasible; or b) 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. An active aggregate pit exists to the north of the subject property and the Official Plan Land Use Schedule designates potential mineral aggregate deposits on the subject property. Section 2.5.2.5 of the PPS states that in known deposits of mineral aggregate resources, development that would preclude or hinder the establishment of new operations or access to resources shall only be permitted if resource use would not be feasible. The location of the existing dwelling on the subject property, combined with the two lots in close proximity to the proposed severances (“bookending” the proposed severances - one along Harrowsmith Road and the other along Loughborough Portland Boundary Road) restrict the expansion or establishment of a pit in that vicinity. Further, the Township received confirmation from the Ministry of Natural Resources in September, 2014, that the aggregate on the subject property is low quality sand fill and given the existing development in the area it is unlikely that the deposit could be extracted economically. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 2.1.2.1 Mineral Aggregates recognizes that the County has a variety of mineral aggregate deposits. The policies in the Plan speak to the protection of all existing mineral aggregate operations from incompatible uses and activities that would preclude or hinder their expansion or continued use. The Plan states that 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 policies for Page 48 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT development proposals. Correspondence from the Ministry of Natural Resources in September, 2014 confirmed the aggregate is low quality sand fill and the existing development in the area makes it unlikely that the deposit could be extracted economically. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Section 4.2: Servicing provides policies for the use of private services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. KFL&A Public Health was circulated as part of the application review process to ensure that the retained lot and vacant severed lot could be adequately serviced. KFL&A Public Health have visited the site and have no objections to the applications. Township of South Frontenac Official Plan, 2003 Official Plan Designation: Rural, Environmental Protection and Mineral Aggregate The subject property is designated as Rural, Environmental Protection and Mineral Aggregate in the Township of South Frontenac Official Plan. The proposed severances are within the Rural designation. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. As a rule, the minimum lot sizes are to be 2 acres (0.8 hectares) with 76 metres (250 feet) of frontage along a public road. Further, a maximum of three rural residential severances may be permitted from a lot existing as of the date of adoption of the plan. Lots shall be serviced by private water and sanitary sewage disposal systems. The proposed severances and retained lots conform to the Rural designation policies of the Plan. The Environmental Protection designation applies to lands which play an important role in the preservation of the Township’s natural heritage systems. The Official Plan sets out adjacent land distances to varying environmental features with the Township’s Zoning Bylaw establishing setbacks. No development is proposed in the vicinity of the Environmental Protection designation; sufficient area exits on the retained lands to build outside of this designation. Section 5.5 Mineral Aggregate designation includes sand, gravel and limestone resources. It is the intention of Council to protect wherever possible and practical the sand and gravel resources and a reasonable amount of bedrock resources for aggregate extraction and to ensure that the resources are utilized in accordance with proper controls. Within reserve areas, interim land uses such as agriculture, forestry and outdoor recreation uses may be permitted provided the building and activities would not preclude the establishment of a pit or quarry. Section 5.5.2 Influence Area it is a policy of Council to prohibit residential land uses within 150 metres of an existing or proposed pit above the water table and 300 metres from a pit below the water table. According to the Ministry of Natural Resources and Forestry, an active pit is in operation on the subject property under a Class B Licence. In email correspondence provided to planning staff from the Ministry of Natural Resources and Forestry (MNRF), August 2, 2018, MNRF confirmed that the licence is for above the water table. As such, the influence area surrounding the pit is 150 metres. The proposed development (lot creation) is outside of the 150 influence area (see attached mapping). It should be noted that any expansion of the existing licensed are of the pit would require an Official Plan Amendment and such an expansion proposal would be required to address the following issues: impact on ground and surface water; environmental and natural heritage impacts; noise and dust impacts; land use impacts; traffic impacts; and archaeological and cultural heritage impacts. The Official Plan requires spacing considerations for new entrances from previous County Roads, such as Harrowsmith Road. The Public Works Department completed a site visit of the subject property and have no concerns with the proposal to issue a new entrance permit for consent application S-67-18. With regard to consent application S-66-18, the existing two entrances along Harrowsmith Road will be decommissioned and the property accessed by an existing entrance from Loughborough Portland Boundary Road. Township of South Frontenac Zoning Bylaw The property is zoned Rural (R), Environmental Protection (EP), and Pit ‘B’ (PB) in the Township of South Frontenac Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agriculture and residential. The proposed severances are within the property zoned Rural. The Page 49 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT western edge of the subject property is zoned EP. Section 5.8.2 requires a 30 metre horizontal setback of an Environmental Protection zone; no development is proposed in proximity to this area. The PB zoning identifies a pit which produces greater than 20,000 tonnes of mineral aggregate per year (19,685 tons per year). The Ministry of Natural Resources and Forestry is the agency responsible for licencing pits and quarries in Ontario. MNRF maintains a database of active site across Ontario including mapping of the approved site plans. The Township’s Zoning Bylaw includes a larger area as an active pit, compared to the approved MNRF site plan. When measuring the influence area from around the exterior of the PB zoning, the proposed development is beyond the radius. Section 23.3.1 (“For Excavation Area and Storage Uses”) states that the setback from residential, commercial, community facility zone or use (minimum) is 30 metres. Section 23.3.2 (“For Open and Enclosed Pit Processing Operations”) states that the minimum setback from residential, commercial and community facility zone or use of 90 metres. There is suitable area of the retained lot to build outside of the setbacks from the PB zone required setbacks. Planning Comments The application was deferred at the August Committee of Adjustment meeting for Township staff to receive a legal opinion regarding the notice cards being removed from the subject property. The Township solicitor recommended that the notice to neighbouring properties be recirculated and new notice cards issued and placed for a minimum of 14 days before the September Committee of Adjustment meeting.

Agency Analysis and Comments KFL&A Public Health – Comments received from KFL&A Public Health dated August 13, 2018 indicate the lot to be created through Consent Application S-67-18-P is satisfactory for a sewage disposal system and is flexible with regards to its location. Public Comments – As of the time of writing comments have been received from one member of the public. Ron Vandewal expressed concern that the applicant had received differing opinions from Township planning staff as to whether the application could proceed and what the requirements are under the current Official Plan regarding setback distances and potential mineral aggregate deposits.

Attachments Map of Alton property.

Draft Conditions It is important to note that conditions are the decision of the Committee of Adjustment. Please review the proposed conditions and ask any questions you may have at the Committee of Adjustment meeting

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-66-18-P shall be for the creation of a rural residential lot that is approximately 4 acres in area with approximately 880 feet of road frontage combined on Harrowsmith Road and Loughborough Portland Boundary Road.
The land to be severed by Consent Application S-67-18-P shall be for the creation of a rural residential lot that is approximately 3 acres in area with approximately 510 feet of frontage along Harrowsmith Road.
The surveyor who prepares the reference plan referred to in Condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is

Page 50 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 5. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 6. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-66-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 8. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-67-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 9. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through Consent Application S-67-18-P.

Submitted: Megan Rueckwald, Manager of Community Planning, County of Frontenac

Page 51 of 170

LOUGHBOROUGH PORTLA

ND BOUNDARY ROAD

3254 Harrowsmith Road

ALTON S-66-18-P S-67-18-P

Legend Alton Property Alton Proposed Lot (Existing House) Alton Proposed Vacant Lot

3284 Harrowsmith Road

RUTLEDGE ROAD

HARROWSMITH ROAD

3253 Harrowsmith Road 3265 Harrowsmith Road

3239 Harrowsmith Road

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

Page 52 of 170

Scale 1:2,169 0

80 Meters

UTM Projection NAD 83

, RECEIVED i I

July 25, 2018 Attention Committee of Adjustment Members

JUL 2 s 20i8 TOWNSHIP OF SOUTH FRONTENAC

i would like to bring to your attention to an application by Rob Smitli re: rhem??o??rye NT Mr Alton wanted to sell his property he ended up calling me because he was getting mixed inf6rm’?ati6n.l went to the Township Office where we printed off a copy of the property. Then Mr Orr, Mr Mills, Ms. Kapusta and myself went through what was allowed now under our Official Plan. Now Mr Alton was allowed to tell the purchaser that one severance on Rutledge Rd was permitted and because of a sand pit near by if the OP changes which is anticipated in 2019 the setbacks on the sand pit would be reduced and then the original house could be severed off and he would be allowed to build on the retained.

Mr Alton was told that nothing is guaranteed but the Province/County new OP would be incorporating reduced set backs on sand pits. However we are working under the Township’s current OP so that could not happen until the Township’s official plan has been updated. This application is contrary to the information that Mr Alton was given. l think at the very least this should be deferred till the applicant(Rob Smith) can provide either an environmental assessment to support the changes to property and/or a Ietter from Pits and Quarry’s to support the changes that are not currently in our OP to be fair to the seller (Mr Alton) of the property.

Thank you

A ?-r-

Ron Vandewal

Page 53 of 170

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5871 Cross Road SMART S-73-18-P

Legend Smart Property Smart Proposed Lot

CROSS ROAD

4584 Bellrock Road

5081 Cross Road

BELLROCK RO AD

York 100 7

Page 61 of 170

YORK ROAD

Roa d

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

4529 Bellrock Road

Scale 1:1,807 0 5 10

40 Meters

UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: September 7, 2018, Amended September 10, 2018 Application No: Owner: Location of Property:

S-73-18-P Bond and Smart Concession 10, Part Lot 12, 5801 Cross Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create one new lot Date of Hearing: September 13, 2-18

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-73-18-P for the creation of one new rural residential new. The application was previously deferred at the August 2018 Committee of Adjustment meeting.

Proposal An application for consent has been received for the creation of one new lot from an existing property at Part Lot 12, Concession 10, District of Portland, known municipally as 5801 Cross Road (see attached map). The existing lot has frontage on Cross Road and Bellrock and is approximately 5 acres in area. The subject property is currently developed with a dwelling with the remainder naturally vegetated with cleared grass areas as well. The applicant is proposing to sever approximately 2 acres from the existing 5 acre property in order to create one new rural residential lot. S-73-18-P Consent application S-73-18-P is for the creation of a vacant rural residential lot. The proposed new lot will have approximately 76 metres of frontage along Cross Road and is approximately 2 acres in area. The lot will be regularly shaped with a depth of approximately 105 metres. A new entrance is proposed off Cross Road to accommodate future development on the severed lot. Retained Lot The retained lands will consist of approximately 3 acres in area with approximately 200 metres of frontage combined along Bellrock Road and Cross Road. The retained lands will contain the dwelling located on the property. No further development is proposed for the retained lands.

Planning Analysis Consistent with Provincial Policy Statement, 2014: Yes Current Official Plan Designation: Rural Application conforms with Official Plan, 2003: Yes Current Zoning: Rural Complies with Zoning Bylaw 2003-75: Yes Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development on rural lands in Ontario municipalities and in Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 1.1.4.1 a. speaks to building upon rural character and leveraging rural amenities. The consent application will result in the creation of one new rural residential lot that can be adequately Page 62 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT serviced. The proposed lot meets the Township minimum provisions for the creation of a new lot in the rural designation for residential purposes. Section 1.1.5.9 of the PPS requires that the creation of lots shall comply with the minimum distance separation formulae (MDS). A barn with the potential to house livestock was identified at 4584 Bellrock Road and an MDS I calculation completed for the creation of the new lot. The minimum distance from the livestock facility to the new lot was determined to be 125 m based on the capacity of the unoccupied facility. Section 5.41 of the Township Zoning Bylaw restricts the number of livestock, or nutrient units (NU) permitted to 5 NU on a property between 18-25 acres, such as the subject property. The MDS calculation for 5 NU results in a separation distance of 81 metres. A suitable building envelope exists on the subject property outside of the 81 metre radius. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. The aerial imagery indicated that there is a wetland at the rear of the subject property, the majority of which is located on the neighbouring. A suitable building envelope exists on the subject property to build outside of the required setback. Section 3: Protecting Public Health and Safety directs development away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage. No natural or human-made hazards were identified on the subject property or neighbouring property that would impact public health and safety. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Section 4.2: Servicing provides policies for the use of private services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. KFL&A Public Health was circulated the application and have no objection to the proposed severance as confirmed in correspondence provided July 25, 2018. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. As a rule, the minimum lot sizes are to be 2 acres (0.8 hectares) with 76 metres (250 feet) of frontage along a public road. Further, a maximum of three rural residential severances may be permitted from a lot existing as of the date of adoption of the plan. Lots shall be serviced by private water and sanitary sewage disposal systems. The proposed severed lot meets the minimum lot sizes and frontage and is located along a Township road. Township of South Frontenac Zoning Bylaw The property is zoned Rural (R) in the Township of South Frontenac Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agriculture and residential. The proposed new lot will meet the minimum lot area and frontage requirements for a single detached residential uses. The lot will result in infill development along Cross Road. Provisions in the Bylaw regulate the placement of future structures on the severed lot, including yard setbacks and building coverage. Overall, the proposed severance application is consistent with the PPS for the creation of limited residential development on rural lands that can be adequately serviced. The proposed development conforms to both the County and Township Official Plan and meets the provisions for new lot creation in the Rural zone in the Township Zoning Bylaw. Page 63 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Agency Analysis and Comments Public Works Department – Public Works has no objection to approving an entrance permit for the proposed lot. In response to concerns expressed in writing and at the initial hearing planning staff and public works staff met on site with the applicants and neighbour to discuss suitable measures to address the drainage concerns. It was determined that the construction of a swale along the abutting property lines should adequately alleviate any potential negative impacts. The requirement to complete this swale will be suggested to the committee members to be included as a condition of provisional consent. KFL&A Public Health – In comments provided July 25, 208, KFL&A Public Health indicated that they have no objection to the minor variance. Soil conditions on the lot will require additional suitable granular soil to construct the septic system. The proposed lot is flexible in siting the septic system, which will be determined when an application to construct a sewage disposal system is applied for. Public Comments – Written comments were received from Willard Brown, neighbour at 5817 Cross Road, regarding concerns over alterations to grading on the proposed new lot that may negatively impact his property; in addition to proximity of the proposed septic location to his existing well. Mr. Brown also spoke at the Committee of Adjustment meeting on August 9, 2018 to express his concerns. The committee members elected to defer the application to allow time for further evaluation of the drainage between the lots. A site visit was completed by planning staff on August 1, 2018, to review the severance application. Following the deferral of the application, planning staff and staff from the Public Works Department met on site with the applicant and the concerned member of the public. Public Works staff discussed the inclusion of a condition for a drainage swale which the applicant and concerned member of the public were agreeable to as a way to ensure drainage was properly directed before the construction of a dwelling on the severed lands.

Conditions

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-75-18-P shall be for the creation of a lot with a minimum area of 2 acres with a minimum of 76 metres of frontage along Cross Road.
The surveyor who prepares the reference plan referred to in Condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense;

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-73-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-73-18-P. 8. That a development agreement be registered on title requiring a drainage swale to be constructed and maintained along the northern boundary of the severed lands. The drainage easement shall be: a. Located entirely on the parcel to be severed through Consent Application S-73-18-P; b. Constructed with a minimum depth of swale of 150mm and a maximum depth of 300mm; c. Constructed with a maximum seeded or sodded side slope of 3 horizontal to 1 vertical (3h:1v). d. A sufficient width to accommodate/permit necessary maintenance or future upkeep/repairs of the swale to a maximum width of 2 metres; e. Constructed through a split yard design where the drainage patterns running towards the west shall be permitted to extend near the front property line (Cross Road) and discharge into the Township ditch and where the drainage to the east will connect to a positive drainage outlet being the marsh at the rear of the property. f. Maintained to ensure proper functioning and drainage patterns. 9. Under no circumstances will yard drainage be permitted to drain directly onto any neighbouring property or Township owned road. Submitted by:

Megan Rueckwald, Manager of Community Planning, County of Frontenac

Attachments Map of Smart and Bond property. Site visit image from August 1, 2018.

Page 65 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Site visit image from August 1, 2018.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: September 11, 2018 Application No: Applicant: Location of Property:

S-74-18-B Paul Snelgrove Concession 2, Part Lot 1, 204 Frye Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent for lot addition Date of Hearing: September 13, 2018 (Deferred at August 2018 meeting)

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-74-18-B to facilitate a lot addition.

Proposal An application for consent has been submitted for a lot addition from Part Lot 1, Concession 2, District of Bedford, known municipally as 204 Frye Lane to Part Lot 1, Concession 11, District of Bedford Lane (see attached map). The proposal is to sever approximately 0.85 acres to facilitate a lot addition to enlarge an existing waterfront lot municipally known as 279 Frye Lane. S-74-18-B Consent application S-74-18-B will facilitate a lot addition of approximately 0.85 acres of land to enlarge an existing waterfront lot at 279 Frye Lane. Retained Lot The retained lands will consist of approximately 10 acres in area that exceed the minimum requirements for lot frontage and frontage along the private lane.

Planning Analysis Consistent with Provincial Policy Statement, 2014: Yes Current Official Plan Designation: Rural and Environmental Protection Application conforms with Official Plan, 2003: Yes Current Zoning: Residential Limited Service – Waterfront (RLSW-53) Complies with Zoning Bylaw 2003-75: Yes, Zoning bylaw amendment recommended Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits resource-based recreational uses (including recreational dwellings). Section 1.1.4.1 a. speaks to building upon rural character and leveraging rural amenities. The lot addition will facilitate the enlargement of an existing waterfront residential lot. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. An Environmental Protection area is designated on the subject property but not in proximity to the proposed lot addition.

Page 67 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Section 3: Protecting Public Health and Safety directs development away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage. No natural or human-made hazards were identified on the subject property or neighbouring property that would impact public health and safety. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Section 3.3.3.4 Waterfront Areas goal of the plan is to improve and protect the waterfront areas of Frontenac County; enlarging an existing lot will better protect the environment. Section 4.2: Servicing provides policies for the use of private services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.7 Limited Service Residential Policies strive for the creation of waterfront lots that are 1 hectare (2.5 acres) in area. The proposal will increase the existing lot, allowing for additional space for redevelopment if this should occur in the future. Township of South Frontenac Zoning Bylaw The property is zoned Residential Limited Services – Waterfront Exception 53 (RLSW-53) in the Township of South Frontenac Zoning Bylaw. The intent of the RLSW zoning is to permit a seasonal and permanent residential dwellings on waterfront properties accessible by private lane. The exception zone is to recognize that no more than one additional lot may be created by consent on lands zoned RLSW-53 without plan of subdivision proposal.

Agency Analysis and Comments Public Comments – As of the time of writing, no comments have been received from the public. A site visit was completed by planning staff on July 27, 2018, to review the lot addition proposal.

Conditions

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-74-18-B shall be for the creation of an approximately 0.85 acre lot addition only to 279 Frye Lane (Roll no. 102901003006700).
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.

Page 68 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Submitted/approved by: Megan Rueckwald, Manager of Community Planning, County of Frontenac

Attachments Map of Snelgrove property.

Page 69 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: September 11, 2018 Application No: Owner: Location of Property:

S-76-18-B Tucker (Agent: Fotenn Consultants Inc. and Laidlaw) Part Lot 27 and 28, Concession 7, District of Bedford, Township of South Frontenac (668 Dewitt Lane) Purpose of Application: Consent to create one new lot to provide parking facilities to a water access only lot Date of Hearing: September 13, 2018

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-76-18-B for the creation of one new lot to provide parking and docking facilities for a water access only lot.

Proposal An application for consent has been received to establish a permanent mainland access regime for water access properties located on Mica Island in Bobs Lake. The proposal is to sever 1.2 acres of land from an existing 9.6 acre parcel of land to create one new lot for parking and docking facilities. The lot to be created has approximately 52 metres of frontage along Dewitt Lane and fronts onto Bobs Lake and Michaels Creek Marsh which is a Provincially Significant Wetland (PSW). The intent of the application is to bring an existing non-conforming water access situation into conformity with the policies of the Official Plan by establishing a regularized access regime for the existing properties located on Mica Island. The parking area proposed will be large enough to accommodate four vehicles and will be approximately 10 metres by 12 metres; the parking area will be setback 30 metres from the high water mark and 5 metres from the neighbouring lane. The applicants have submitted a Zoning Bylaw Amendment application to restrict the uses on the severed lands to parking for the exclusive use of the owners that is setback a minimum of 30 metres from the high water mark of Bobs Lake and docking facilities. The applicants have also proposed conditions to be included in the site plan agreement to limit disturbance on the property and a restrictive covenant.

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Valley Conservation Authority who have no objection to the application and recommendations for the site plan agreement. Section 3: Protecting Public Health and Safety directs development away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage. The Environmental Impact Assessment submitted supports development within the area of the Provincially Significant Wetland. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 7: Environmental Sustainability sets out policies for the protection of natural heritage features in the County. Of particular interest is Section 7.1.4.1 which states 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. The Environmental Impact assessment provided with the application supports the placement of the parking facilities setback 30 metres. Township of South Frontenac Official Plan The subject property is designated as Rural and Environmental Protection in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.7 speak to limited services residential development in the Township. The section recognizes that development shall be permitted on water access only lots provided that the owner demonstrates to Council that land and mooring facilities on the main land are available to permit the parking of automobiles and or storage or docking of boats and boat trailers. The docking facilities are to be owned or tied on perpetuity to the water access only lot and zoned for parking and docking facilities only. The proposal will create parking and docking facilities to provide access to two water access only lots on Mica Island. Section 5.2 Environmental Protection promotes the continued protection of all significant wetlands to maintain and improve water quality, assist in flood control, provide important fish and wildlife habitat and contribute to social and economic benefits including selected outdoor recreational and tourist activities. No new development or site alteration within 120 metres of the PSW is permitted unless it has been demonstrated through an Environmental Impact Assessment that there will be no negative impacts on natural features of ecological functions of the wetland. The Environmental Impact Assessment submitted with the application supports the proposal, including the docks which are under the regulation of Rideau Valley Conservation Authority. Township of South Frontenac Zoning Bylaw The property is zoned Limited Services Residential-Waterfront (RLSW) in the Township of South Frontenac Zoning Bylaw. A condition of provisional consent will be to rezone the severed lands to limit the uses on the subject property to docking and parking facilities.

Agency Analysis and Comments Rideau Valley Conservation Authority – Comments dated September 6, 2018, indicate that Rideau Valley Conversation have no objection to the application. They recommend conditions to be included in the Site Plan Agreement to be registered on title. Public Comments – As of the time of writing, no comments have been received from the public. A site visit was completed by planning staff on August 24, 2018, to review the severance application.

Conditions Page 71 of 170

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-76-18-B shall be for the creation of an approximately 1.2 acre lot with approximately 52 metres of frontage along Dewitt Lane.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-75-18-P, in lieu of parkland [Planning Act, s. 51(1)].
The applicants enter into a site plan agreement with the Township to be registered on title including the recommendations outlined in the September 6, 2018 letter prepared by the Rideau Valley Conservation Authority and recommendations included in the Planning Justification Report dated July 16, 2018.
That the severed lands be rezoned to RLSW-X to restrict the permitted uses on the property to docking and parking facilities and recognize the deficient area and road frontage requirements. Submitted/approved by: Megan Rueckwald, Manager of Community Planning, County of Frontenac

Page 72 of 170

Bobs Lake

TUCKER S-76-18-P

662 DEWITT RD

Legend

LA NE DEWITT

Tucker Property Tucker Proposed Lot

726 DEWITT LANE

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

Page 73 of 170

Scale 1:2,000

740 DEWITT RD

UTM Projection NAD 83

80 Meters

CON

RIDEAUVALLEY TION AUTHORITY

3889 Rideau Valley Drive,PO. Box 599, Manotick,ON KAM1A5 tel613~692v3571 i 7v800—2é7-3504 | fax 613—692-0831| www.rvca.ca

September 6, 2018 18-SF—SEV(Bedford) Township of South Frontenac Land Division Committee Box 37 Perth, Ontario K7H 3E2

Attention:

Megan Rueckwald

Subject:

TUCKER, Trevor; Application for Consent S-76-18-B 668 Dewitt Lane, Part Lot 27 & 28, Concession 7; Former Township of Bedford, Now the Township of South Frontenac; Roll Number: 10290100503l69000000 —

Dear Ms. Rueckwald,

The Rideau Valley Conservation Authority (RVCA) has reviewed the subject application within the context of:

—

Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act; The Rideau Valley Conservation Authority (“Development, Interference with Wetlands and Alteration to Shorelines and Watercourses” regulation 174/06 under Section 28 of the Conservation Authorities Act); The Tay River Bobs Lake Catchment Report; The Rideau Lakes Basin Carrying Capacities and Proposed Shoreland Development Policies —

The Proposal The Rideau Valley Conservation Authority understands this proposal to be for the creation of a new lot. The stated purpose of the lot would be for the creation of a parking lot to allow access to Mica Island. There is a concurrent application for a site speci?c zoning by-law amendment (although this has not been circulated to RVCA to date) to limit the permitted uses to a parking lot and dock facility. The proposed lot for parking would be approximately 1.2 acres with a water frontage of 135 metres, a road frontage of 45 metres and a depth of 110 metres. The proposed retained lot will be approximately 8.6 acres with a water frontage of 360 metres, at road frontage of 322 metres and a depth of 250 metres. The Property

The subject property is located on Bob’s Lake which has a regulated ?ood level of 163.07 metres above sea level (geodetic). A portion of the property is occupied by the Michaels Creek Marsh which is a Provincially Signi?cant Wetland (PSW). As a result, the entire property is within the 120 metre adjacent lands from the PSW. The site is heavily vegetated. A hydro easement was observed on the site during the site visit.

Page 1 of 3

Page 74 of 170

A review of the subject property did not indicate the presence of any unstable slopes.

Review Comments and Recommendations Michael ’s Creek Marsh During the site visit Michael’s Creek Marsh was observed. As a PSW, this wetland is regulated by the RVCA. Therefore, any development within the feature, or interference within adjacent lands (l 20 metres) requires the prior written approval of the RVCA. Wetlands provide a variety of bene?ts. These benefits include: attenuation of ?ood water; serving as a groundwater recharge/discharge area and providing a more stable source of water during low water conditions; ?ltering our drinking water; and providing habitat to many species of plants and animals (o?en including fish).

Bobs Lake Catchment Report

East Basin

The water quality report for East Basin is “fair” according to the Bobs Lake Catchment Report. This rating has been assigned due to phosphorus concentrations which exceed the Provincial Water Quality Objective (PWQO) and instances of reduced oxygen concentration throughout much of the water column in the late summer which may stress fish population. Care should be taken to avoid further nutrient enrichment which can fuel the growth of algae and deplete oxygen levels. This can be employed through best management practices such as maintenance of a vegetative buffer and sediment and erosion controls being implemented during site disturbance. Rideau Lakes Study Based on an application of the Rideau Lakes Study, an appropriate setback based on soil type, depth of soil, topography and vegetation cover would be 30 metres from the normal high water mark from Bob’s Lake. It is our understanding, based on the submitted planning rationale, that the proposed parking lot will maintain a 30 metre setback from the normal high water mark. This is supported by the Rideau Lakes Study and the RVCA. Future Development

It is the understanding of the RVCA that a future application will be made should the current application for consent to sever create the parcel of land as described in “the proposal” section of this report. Based on a review of the planning rationale submitted in support of the consent, zoning amendment and site plan applications, it is the understanding that the future site specific zoning by-law amendment will ensure that no buildings or structures are located on the subject property, other than the proposed dock. The RVCA will comment on future applications when they are made. For the future site plan control agreement that is referred to in the planning rationale, the RVCA would have the following recommendations for conditions of said agreement:

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

Page 2 of 3

Page 75 of 170

—

A_llmaterials from construction (such as demolished materials or excess soil) will be disposed of 30 metres or more from the normal highwater of Bob’s Lake at a proper disposal site.

A planting plan showing a minimum of 30 metres as a vegetative buffer, where possible, shall be prepared and submitted as part of the site plan control agreement. This will be to the satisfaction of the Township. This should take the form of a drawing which depicts the location of the parking lot, dock and vegetation to remain. This would not preclude an access path to the water.

The following statement should be included in the site plan control agreement. “Should any work be undertaken along the shoreline or within the Michaels Creek Wetland, permits would be required by the Rideau Valley Conservation Authority in accordance with Ontario Regulation 174/06 ( “Development, with Wetlands and Alteration to Shorelines and Watercourses ”). Interference

Conclusions

In conclusion, The Rideau Valley Conservation Authority has no objection to the subject application. The RVCA would like its comments and recommendations noted on any decision from the Committee. Thank you for the opportunity to comment and please do not hesitate to contact the undersigned at (613) 267-5353 x 131 should you have any questions.

Please advise us on the Committee’s decision respecting this application or any changes in the status of the application.

Yours truly,

hil Moshe Planner, RVCA cc cc cc

—

Joanne McGum KFLA Angus Laidlaw Mike Keene (kenne@fotenn.com) —

Page 3 of 3

Page 76 of 170

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Page 77 of 170

TOWNSHIP OF SOUTH FRONTENAC APPLICAT?ON FOR CONSENT

The Committee of Adjustment is a Committee of Eight persons appointed by Township Council. The Committee is formed under Section 53 of the Planning Act R.S.0. 1990 Chapter P.13. to authorize the division of property.

The Committee, in considering Consent (Severance), shall have regard, among other matters, to the health, safety, convenience and welfare of the present and future inhabitants of the municipality and to: *

The effect of development on matters of provincial interest as referred to in Section 2 of the Planning Act.

Whether the proposed severed lot is premature or in the public interest. * *

Whether the consent conforms to the intent of the Official Plan.

The suitability of the Iand for the purposes for which it is being severed. The number, width, Iocation and proposed grades and elevations of roadways and their adequacy in relation to any proposed roadway Iinking the proposed severed area with the established roadway system. The dimensions and shape of the proposed Iot.

Any restrictions on the subject land (or on the buildings and structures to be erected on it) and any restrictions on abutting Iands. Conservation of natural resources and flood control. @ *

The adequacy of utilities and municipal services. The adequacy of schools.

The area of land, if any, exclusive of roadways, that is to be conveyed or dedicated for public purposes (such as for parks).

The physical configuration of the new Iot having regard to energy conservation.

Application Requirements 1.

It is required that one (1 ) copy of this application be filed with the Secretary-Treasurer of the Committee of Adjustment/Land Division Committee, together with the SKETCH referred to in Note 3 (below), accompanied by a NON-REFUNDABLE FEE of $817.00 ($732.00 application fee plus $85.00 Building Department consultation fee) in cash or cheque made payable to the Township of South Frontenac.

It is required that a Fee be provided for the Health Unit and/or Conservation Authority (where applicable) when submitting an application. Separate cheques, payable to KFL&A Public Health and/or applicable Conservation Authority, are to be submitted to the Township with the completed application. Please Note: These fees are for consultation on this application only; these agencies may

iKFL&A Public Health Unit (per new lot)

Cataraqui Region Conservation Authority (per new lot or lot addition)

$500

$360

require additional permit applications and fees prior to any construction.

Page 78 of 170 l

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT

iQuinte Conservation Authority (will invoice directly) gau Valley Conservation Authority (per new tot or lot addition)

$325

$450

Planning Act, R.S.0. “1 990, c. P.13 as amended

PLEASE READ THIS ITEM CAREFULLY:

Each applicant shall provide a sketch showing the dimensions of the subject Iand and of all abutting Iands as outlined in question 17 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with

the Application Form, is the basis for the analysis of the Consent Application by the Land Division Committee. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A Reference Plan (survey) is not necessarily required for the Committee to consider the application but will be required at a Iater date prior to the stamping of’the deeds.

Collection of Personal Information

Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of AdjustmenULand Division Committee for the

purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter.

Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment/Land Division Committee. (P.0. Box 100, Sydenham, Ont., KOH 2TO, Phone 613-376-3027 ext.2221)

Page 79 of 170

TOWNSHIP OF SOUTH FRONTENAC APPL?CATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended File No:

Date Received:

1 . Name of Owner(s):

‘?!‘v ??EJ;:Ic?.:’; ‘-r,:3’+ uaM s wyw 4. S’,

Full Mailing Address of Owner(s):

?1aQav , D w gl ‘ff S F:‘j PhonenumberofOwner(s): ( {,,( -‘i> 7 C7 C7 - ‘r/ (-o Email Address of Owner(s): .

(

-?” ??

-lrg,4,gr, , fft) c tp ( Q, iTho. “? (’ * €Z-?? ,J

If the applicant is NOT the owner of the subject Iand, the written authorization of the owner that

the applicant is authorized to make the application, must accompany the application.

Name of Authorized Agent: Fotenn Consultants (Mike Keene), Angus Laidlaw, Campbell Laidlaw Full Mailing Address of Authorized Agent: 6 CafaraQu’ Sfreef- Su’fe 1o8 Kingston, ON K7K 1Z7

Phone number of Authorized Agent: 613-542-5454

Email Address of Authorized Agent: keene@fotenn.com; angus.laidlaw@canada.ca Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing,this a3;?lication for Minor Variance.

T"g?:<?i’:”:?o" ‘o"

Signatie f OvJn’r5 3. The description of the subject Iand: District:

K Bedford

[3 Portland

Concession Number: 7

Street Number: 688 Reference Plan Number: 13R 11231

J Loughborough

b Storrington

LO? Number: 27 30d 28

Name of Road/Street: Dew!ff Lane Part Number(s): 1 - 4

Roll Number: 3

Page 80 of 170

TOWNSHIP OF SOUTH FRONTENAC APPL?CATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended 4. The frontage(s), depth and area of the subject Iand. Frontage (on water): +- 495 metres

Frontage (on road/Iane): +- 367 metres

Depth: +- 250 metres

Area: +- 9.3 acres

s. The type and the purpose of the proposed transaction, such as a transfer for the creation of a new Iot, a Iot addition, an easement/right-of-way, a charge, a Iease or a correction of title. Transfer for the creation of a new lot

The following information regarding the Iand intended to be severed and the land to be retained: NOTE: If your application is for a new Iot, answer question 6(a); if the application is for a lot addition or right-of-way only, answer question 6(b). a. The frontage, depth and the area. (Complete this section for a new Iot only) Retained Lot:

Proposed New Lot: Frontage On Road

Frontage On Water

+- 45 metres

+- 135 metres

Frontage On Road

Frontage On Water

+- 322 metres

+- 360 metres

Depth

+- 110 metres

Depth

+- 250 metres

Area

+- 1 .2 acres

Area

+- 8.6 acres

Please list/describe the existing and proposed USES of the Iand to be severed and to be retained: Proposed Uses

Existing Uses

NewLot’. Vacant

Parking and a dock

Retained: Vacanf

Vacant

Structures Proposed

Structures Existing New Lot: None

None

Page 81 of 170

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended Structures Proposed

Structures Existing Retained Lot: None

None

(b) The frontage, depth and the area. (Complete for a Iot addition or right-of-way (R.0.W.) only) Proposed Lot Addition (or right-of-way)

Retained Lot: (This is the property?from which the lot addition is being severed or over which the R. 0. W. will run)

Frontage

On Road:

Frontage

On Water:

Depth:

Area:

Please Iist/describe the existing and proposed USES of the Iand to be severed and to be retained: Present Use of Property

Proposed Use of Property

Structures Existing

Structures Proposed

Lot Addition or R.O.W: Retained:

Lot Addition (or R.O.W.):

Retained Lot:

Please Iist the name of the person(s) to whom the Iand or an interest in the Iand is to be transferred, charged or Ieased (if known): Angus and Campbell Laidlaw

Page 82 of 170

TOWNSHIP OF SOUTH FRONTENAC APPL?CATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended 8. Indicatewhetherthereareanyeasementsorrestrictivecovenantsaffectingthesubjectlandand a description of each easement or covenant and its effect (if known): The subject land is together with the benefit of a right-of-way over part of the Iane described as Part 3, in pla n of survey 1 3R-3661 . The Iand is subject to a hydro easement over the land designated as Part 2 and Park 6 on Plan 1 3R-11231 . 9. Name of road or Iane which accesses:

The new lot (Iot addition or R.O.W.): Lane described as Part 3, !n plan of surVe’} 1 3R-366 1 The retained Iot: Dew’ff Lane NOTE: Some roads (particularly former “County” Roads) have specific requirements for spacing between entrances. Also, any proposed new entrance must have safe sight-Iines. These requirements may affect the success of your application. If yoLi wish to check the status of your road or sight Iine conditions, please contact the Roads Department at 376-3027. 9. If access to the new Iot is by water only, describe the parking and docking facilities to be used and the approximate distance of these facilities from the subject Iand and the nearest public road. New Lot: N/A

Retained Lot: N’A 10. Note the method by which water will be provided, i.e., by a publicly owned and operated piped water system, privately owned and operated individual or communal well, a Iake or other water body or other means. NewLot: N/A

Retained Lot: N’A

11 . Note the method by which sewage disposal will be provided, e.g. private septic, privy or other means:

New Lot: N’A

Retained Lot: N/A

The current zoning of the subject land in the applicable Zoning By-Iaw. Limited Service Residential - Waterfront Zone (RLSW)
If known, has the subject Iand ever been the subject of a previous consent (severance) application OR an application for a plan of subdivision under section 51 of the Planning Act? If so, please indicate: (a) The file #: N/A

(b) The decision on the application: N/A

Page 83 of 170

TOWNSHIP OF SOUTH FRONTENAC APPL?CATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended

If known, has the subject Iand ever been the subject of any other application under the Planning Act, such as an application for an amendment to an official plan, a zoning by-Iaw, a minister’s zoning order, a minor variance? If so, please indicate: (b) The file #: N/A

(b) The decision on the application:

N/A

Are there any abandoned wells on the property you aware of?

€ Yes

:KNo

A SKETCH must be submitted showing the following:

a) The boundaries and dimensions of the subject Iand, the part that is to be severed and the part that is to be retained.

b) The Iocation of all land previously severed from the parcel (if applicable) originally acquired by the current owner of the subject Iand. c) The approximate Iocation of all natural and artificial features on the subject Iand and on the abutting Iands. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property lines. d) The current uses of land that is abutting the subject land, such as residential, agricultural and commercial uses (if agricultural, please indicate the approximate distance of any barn structure from the proposed new lot). Note: The existence of a nearby barn or other farm type structure may affect the success of your application because of incompatibility issues. Please check with the Planning Department regarding the implications of any farm structure, on your application. e) The Iocation, width and name of any roads within or abutting the subject Iand, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way.

f) If access to the subject Iand is by water only, the Iocation of the parking and boat docking facilities to be used.

g) The location and nature of any easement affecting the subject Iand. h) The location of any abandoned wells on the property. i) Please prepare your sketch so that North is at the top of the page.

Page 84 of 170

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended AGREEMENT TO INDEMN?FY

Attached to this application is a cheque payable to the Township of South Frontenac in the amount of $817.00 representing payment of the application fee. The Owner/ApplicanUAgent agrees that the information recorded in this Consent Application Form is accurate. The Owner/ApplicanUAgent agrees that representatives of the Township, Public Health and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development. The Owner/Applicant agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend the Committee’s decision to support the application.

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

The Owner/Applicant further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1 .25% per month (1 5% per annum) on accounts overdue more than 30 days, The Owner/Applicant further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other admit ceeding in connection with the application:

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DATED AT T:HE , ?(.’l un rE rYN IT? l rr? ITr?lf! r’-

THE " / . DAYOF

THIS

,20

l,/%m L?w ‘;?Ch? A?t o-F6–Td S41 t()N* sole nly declare that all the statements contained in this application are tru and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and7ffect as if made under oath and by virtue of the Canada Evidence Act.

/,’ a na of Applicant or Authorized.lent

,e pplicantor u orizedAgent Dt?k?RORi’ *ostrsseca,.pop"J;-canfor u O’z(‘sO

DECLARED beforp.me at the

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Pb6lk ‘. South S 4L4

JUL 1 6 2018

Olajide Olatokuribo Afokibi LSUC #: 4321u l Year ot’Cal-l:-2000 Page 85 of 170

TOWNSHIP OF SOUTH FRONTENAC APPL?CATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended A GUIDE TO COMPLETING YOUR APPLICATION FORM 1.

The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

If there is someone acting on behalf of the Iisted owner(s) (e.g. a solicitor, a consultant, or a family member) then that person would be the agent, and the owner(s) must sign part (e) to indicate that the agent has the authorization to act on behalf of the owner(s).

Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the Iong number beginning with 1029) on your tax bill. If the numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill C. Street Number: Your civic address - if a civic number has not been assigned, Ieave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private Iane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not beeri surveyed, Ieave this space blank.

f. Roll No: This is the number beginning with ‘1 029’ which appears on your tax bill. Please take time to Iook it up before submitting the application. 3

Please indicate the purpose of this consent application from among the choices provided.

Please complete all sections that pertain to your application. If your application is for a new Iot please complete section (a). If your application is for a lot addition or a right-of-way, please complete section (b).

If you know the person who will be purchasing the new Iot or lot addition, please indicate. Otherwise, indicate “self’.

This question is asking about such things as a 20 ft. wide Bell or Ontario Hydro easement, a registered right-of-way to access another property, or something Iike someone having a IifeIong interest in the property.

Please indicate what road or lane will be used to access the new lot and the retained parcel.

If the new Iot can be accessed by water only, we will need to know where you access it from, and what arrangements exist for permanent mainland parking, as access to mainland parking is a requirement of creating a new water access only lot.

In most cases, your answer will be private well, or lake, depending on where the Iot is Iocated. 9

Page 86 of 170

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended

lO.The majority of cases will be private septic, but there may also be some privies

or other

situations.

11 . If you do not know how your property is zoned, Ieave this question blank until you have talked to the planning staff.

Please indicate if you have ever applied for a severance application or a plan of subdivision or a plan of condominium for the subject Iand since September s, 2000. l3.Please indicate if you have applied for a zoning by-law amendment, an official plan amendment, or a minor variance, and if so, indicate the file # (or date) and the purpose of the application.

14.This question is asked because no new Iot will be created unless the Committee is satisfied that any abandoned wells on the property have been properly sealed in accordance with Ministry of Environment guidelines. 15.The Sketch is probably the most important part of your application. You do not need to

pay a professional to prepare it for you, but it must be drawn to scale; it must contain all of -the information outlined; and it must be drawn with north direction at the top of the sketch.

16.The Agreement to Indemnify is your agreement that your application will be processed at your expense, and that any additional expenses will be your responsibility. If there is more than one owner, both owners must sign the application, unless one person has been appointed as agent for purposes of processing the application. The signature(s) can be witnessed at the Township Office, or you can have a commissioner.

Page 87 of 170

3-1&-]F3- O PLANNING JUSTIFICATION 688 DEWITT LANE July 16, 2018 Ms. Jennie Kapusta

Planning Assistant 4432 George Street Sydenham, ON KOH 2T0 T. 613-376-3027 ext. 2224

688 Dewitt Lane, Part of Lots 27 & 28, Concession 7, Township of South Frontenac Planning Justification Zoning By-law Amendment, Site Plan Control, Consent (severance)

RE:

Oear Ms. Kapusta,

This Planning Justification Repork, prepared by Fotenn Consultants Inc. on behalf of Angus and Campbell Laidlaw (the “Laidlaws”), is being provided in support of applications for zoning by-Iaw amendment, site plan control, and consent for the property municipally known as 688 Dewitt Lane, located in the Bedford District of the Township of South Frontenac. The proposed planning approvals would restrict the permitted uses on the proposed severed parcel of land to parking and a dock. This will allow the creation of permanent mainland access for the two existing cottages located on Mica Island in Bob’s Lake.

The following materials are being submitted in support of this application: / / / / / / / /

Application fees; Completed application forms; Memorandum to Lindsay Mills, prepared by David Munday; Registered Environmental Impact Assessment, prepared by Ontario Lake Assessments; Plan of Survey 13R-11231 , prepared by Ronald H. Smith Ltd.; Plan of Survey 1 3R-3661 , prepared by Ray Hunter - Ontario Land Surveyor; Conceptual Site Plan, prepared by Fotenn Consultants Inc.; This Planning Justification, prepared by Fotenn Consultants Inc.

1.I Executive Summary The purpose of this letter is to assess the appropriateness of the proposed development and the requested amendments in the context of the surrounding community and the policy and regulatory lramework applicable to the subject site. It is proposed to sever an approximately O.48-hectare (1 .2 acres) parcel of land, described as Parts 1 - 4 on the registered plan of survey 1 3R-11231 (Appendix B), from the property municipally known as 688 Dewitt Lane.

On the severed Iot, the applicant proposes to create a permanent private parking area and a dock, for the benefit of 2 water access residential lots. The intent of the application is to bring an existing non-conforming water access situation into conformity with the policies of the Official Plan by establishing a regularized access regime for the existing properties located on Mica Island.

KINGSTON

6 Cataraqui st., Suite 108 Kingston, ON K7K IZ7

rf%T L: N N Planning r %l @ & nl nl + Design

T 613.542.5454 fotenn.com

Page 88 of 170

1.2 Development Applications The property is designated as Rural and Environmental Protection on Schedule A - Land Use, in the Township of South Frontenac Official Plan, and zoned Limited Service Residential - Waterfront Zone (RLSW) in the Township of South Frontenac Comprehensive Zoning By-law 2003-75. A zoning by-law amendment is required to restrict the permitted uses on the subject site. A site-specific RLSW zone will ensure that no future development on the severed lot will occur, other than the proposed parking and docking facilities, without approval from the Township. Applications for site plan control and consent to sever the parcel, described as Parts 1 - 4 on the registered plan of survey, are submitted concurrently with the proposed zoning by-Iaw amendment. As a condition of severance approval, the applicants are willing to enter into a Site Plan Agreement with the Township, to be registered against both of the Mica Island properties and the severed parcel. As the Laidlaws each own approximately one half of Mica Island, a site plan and restrictive covenant shall be registered on title to the island properties that confirms neither party’s interest in the island property can be transferred independently of the interest in the parking/docking parcel. A Rideau Valley Conservation Authority (RVCA) permit application for “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” will be submitted concurrently with the applications for zoning by-law amendment, site plan control, and consent. The RVCA has indicated that the permit will be issued in conjunction with the municipal planning approval for the proposed severance.

2.0 SURROUNDING AREA & SITE CONTEXT The Laidlaws currently own each half of Mica Island in Bob’s Lake. The two island properties both contain existing cottages, built in 1907 and 1982, respectively. The properties are water-access-only Iots; however, they have no formalized mainland access. Given that both cottages were built prior to the passing of the current zoning by-law requirement to have permanent mainland access, they are existing non-conforming uses. To-date, the Laidlaws have accessed the Mica Island properties by maintaining a friendly relationship with a mainland property owner who has permitted them to park and launch boats from their property via a temporary license agreement which was renewed on an annual basis.

The subject site is municipally known as 688 Dewitt Lane, a vacant site with an area of approximately 4 hectares and waterfront access on Bob’s Lake to the north. The property is Iocated approximately O.8 kilometres south of the southern Mica Island property, and approximately 1 kilometre from the northern Mica Island property. The site is naturally divided in two by a small cove off Bob’s Lake. The bulk of the property, approximately 3.5 hectares of land, is located on the west side of the cove. The remaining portion of the property, an area of approximately O.48 hectares, is located on the eastern side of the cove. The two portions of the property are attached only by a narrovv strip of land, approximately 3.2 metres in width. The site is bounded by Dewitt Lane to the south and an unnamed lane to the east, both of which are approximately s metres in width. The subject site has previously been severed, with an area of approximately 2.2 hectares having been severed from the western side of the original property. The surrounding area consists primarily of Iimited service waterfront and island residential uses. Timmermans Island, the largest island in the vicinity of the subject site, is located approximately 475 metres to the northwest. Ashnelot Island is located approximately 420 metres north of the subject site. The shallow areas of the cove and the lands south of the subject site, across Dewitt Lane, have been identified as provincially significant wetland. An

Planning Justification Lener

Angus & Campbell Laidlaw

Page 89 of 170

existing boat house is located approximately 20 metres north of the eastern portion of the subject site, as well as an existing dwelling located approximately 90 metres to the north. 7

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Figure 1 : Site context (source: frontenacmaps.ca).

2.1 Development Proposal Given that the Laidlaws’ access to their properties on Mica Island is entirely dependent upon their relationship with a mainland neighbour, it is proposed to establish permanent mainland access to the Mica Island properkies. In consultation with Mr. Tucker, it was determined that it would not be possible to establish an easement over his property granting the Laidlaws access to the subject site as it would vitiate Mr. Tucker’s coverage under his insurance policy.

As a result, the Laidlaws have instead entered into an agreement with Mr. Tucker to sever and purchase a portion of the subject site, described as Parts 1 - 4 on the registered survey plan, subject to obtaining planning approvals from the Township. All of Mr. Tucker’s property, including the lands the Laidlaws are purchasing, are together with the benefit of a right-of-way over part of the lane described as Part 3, as shown on plan of survey 13R-3661 (Appendix C). The applicants are proposing to construct parking and docking facilities on the proposed severed lot for the purpose of providing mainland access to the Mica Island properties.

Planning Justification Letter

Angus & Campbell Laidlaw

Page 90 of 170

The severed lot consists of the eastern portion of the subject site, an area of approximately O.48 hectares in area, described as Parts 1 - 4 on the registered survey plan. The parcel will be used explicitly for parking and docking purposes. No further development of the parcel is proposed. The retained parcel will continue to comply with the requirements of the Limited Service Residential - Waterfront Zone (RLSW). Four parking spaces will be provided no closer than 30 metres to the high-water mark, accessible via the laneway which runs north-south along the eastern side of the subject site. Additionally, parking will be Iocated at least s metres from any lane or road. A two-stage dock is proposed, consisting of a post-supported dock extending to a floating 1 2-foot by 8-foot (3.6m x 2.4m) dock, where boats may be berthed. The two portions of the dock will be attached by a hinge mechanism. The dock will be capable of berthing two boats, one for each of the water access properties. This arrangement will provide permanent mainland access to the Laidlaws’ island properties. The proposed severed lot is naturally separated from the remainder of the subject site. A site plan and restrictive covenant will be registered on title to the island properties which confirms that neither party’s interest in the island property may be transferred independently of the interest in the proposed mainland access parcel, ensuring that mainland access for the Mica Island properties will be permanently established.

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Figure 2: Proposed severance (source: frontenacmaps.ca).

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Angus & Campbell Laidlaw

Page 91 of 170

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Figure 3: Conceptual Site Plan (source: frontenacmaps.ca)

3.0 SUPPORTING STUDIES 3.I Environmental Impact Assessment An Environmental Impact Assessment (EIA) was completed by Ontario Lake Assessments in 2006. The assessment evaluated the subject site for the potential to create four parking spaces and locating a dock within 120 metres of a provincially significant wetland. The findings of the report demonstrate that the proposed development, given the recommendations provided, will incur no adverse impacts to the adjacent wetlands or fish habitats. The recommendations of the report are as follows: / Site Plan Control can be implemented to ensure that the parking area is set back from the wetland fringe a minimum distance of at least 30 metres.

/ Site Plan Control could also be used to ensure that the 30-metre buffer next to the Iake and wetland fringe beyond the area of the proposed dock remain undisturbed.

/ In-water construction cannot occur between March 1 5’h and July 1 5’h to prevent potential interference with pike or bass spawning. / A two-stage dock is required; the first section being an elevated dock (either a pedestal dock on posts or a Fendock style) and the first section being hinged to the second stage floating dock along side to which boats may be moored. The first section is to be of sufficient length to extend beyond the cattail fringe. The total area of the dock should not exceed 300 square feet.

Planning Justification Letter

Angus & Campbell Laidlaw

Page 92 of 170

The decking for both stage 1 and 2 of the dock cannot be constructed with pressure treated wood. Cedar is preferred. If treated Iumber is to be used for dock structures above water, it should be environmentally-friendly. Cut, seal, and stain all Iumber away from the water using only environmentally-friendly stains. All sealed and stained Iumber should be completely dry before being used near the water. Ensure plastic barrel floats are free of chemicals inside and outside of the barrel before they are placed in Tt’iere is ample opportunity to gain access to the dock from the parking area without the removal of any mature trees. Access to the dock irom this Iocation can be achieved with Iittle or no impact on the Mitchel Creek Wetland plant community or the upland plant community. During construction eroded from the site.of the parking area, appropriate measures should be taken to ensure sediment is not water.

4.O POLICY & REGULATORY OVERVIEW 4.I Provincial Policy Statement, 2014

The 2014 Provincial Policy Statement (PPS) provides high-Ievel Iand use policy direction on matters of provincial interest as they relate to Iand use planning in Ontario municipalities. Decisions of municipal councils must be consistent with the PPS, which provides direction Tor issues such as the efficient use of land and infrastructure, the protection of natural and cultural heritage resources, maintaining a housing stock that appropriately addresses the demographic and economic diversity of households, encouraging economic development and preserving natural resources(withforpolicies their future In relation to the proposed development, the 2014 PPS includes the following considerations citeduse. in ita/ics): Section 1.0: Building Strong Healthy Communities

Section 1 of the PPS deals with the building of strong and healthy communities. Recognition is given to urban, rural, and northern communities and their diverse populations, economic activities, pace of growth, service levels, and physical and natural conditions. The long-term prosperity, environmental health, and social well-being of communities is dependent on efficient Iand use and development patterns which support sustainability. 7. 7. 7 Healthy, /iveable and safe communities are sustained by:

a)being promoting efficient development and land use patterns which sustain the financial wellof the Province and municipa/ities o ver the /ong term; b) accommodating an appropriate range and mix of residential (including second units, affordab/e housing and housing for older persons), emp/oyment (inc/uding industrial and commercia0, institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c) avoiding deve/opment and /and use patterns which may cause environmenta/ or public health and safety concerns; e) promoting cost-effective deve/opment patterns and standards to minimize /and

consumption and servicing costs,’

f) improving accessibility for persons with disabi/ities and older persons by identifyjng, preventing and remo ving /and use barriers which restrict their fu// participation in society; h) promoting deve/opment and Iand use patterns that conserve biodiversity and consider the impacts of a changing c/imate.

The proposed development wil not change the existing land use pattern of the rural waterfrorit area. The proposed permanent mainland parking access area will ensure that the Mica Island properties are accessible for the Iongterm, meeting needs of and the users concerns to thethe environment public.without causing any increased servicing demand or posing any health Planning Justification Letter

Angus & Campbell Laidlaw

Page 93 of 170

7. 1.4. 7 Healthy, integrated and viable rural areas should be supported by:

c) Accommodating an appropriate range and mix of housing in rural settlement areas; d) Encouraging the conservation and redeve/opment of existing rura/ housing stock on rural Iands;

e) Using rura/ infrastructure and public service faci/ities efficiently;

The existing access situation to the Mica Island properties is inefficient. By establishing a permanent mainland access point to the island properties, it guarantees that the existing dwellings on the islands will continue to be accessible and usable for the foreseeable future.

1. 5.4 Development that is compatible wjth the rura/ /andscape and can be sustained by rura/ service No servicing is required for the proposed development as there are no proposed buildings for the site. This represents compatible development with the rural landscape. levels should be promoted.
1. s. 9 New /and uses, induding the creation of /ots, and ne w or expanding /ivestock facilities, sha// comply The minimum distance separation formulae recommend minimum distances to be provided between Iivestock facilities and sensitive land uses, such as residential uses. Aiter conducting searches using aerial imagery, no nearby barns or livestock operations were identified within one kilometre of the property. Furthermore, the proposed use for the severed lot does not constitute a sensitive use. with the minimum distance separation formulae.

Section 2.0: Wise Use and Management of Resources

Section 2 of the PPS deals with the Wise Use and Management of Resources such as natural heritage features and areas, watersheds, prime agricultural areas, mineral and petroleum resources, and significant built and cultural heritage resources. There are no identified cultural heritage features in proximity of the subject site that will be adversely impacted by the proposed development. 2. 7. 1 Naturaj features and areas shal/ be protected for the /ong term.

The proposed development will protect the natural feati.ires and areas on and around the subject site for the long lerm by restricting the permitted uses to parking and a dock. The parking area will be setback a minimum of 30 metres from the highwater mark, ensuring that no negative impacts on the wetland features will be incurred. This is consistent with the findings and recommendations of the EIA. The proposed dock will be of a two-staged design. The first stage will consist of an elevated post-supported dock. The second stage will be a floating 1 2-foot by 8foot (3.6m x 2.4m) dock where boats may be berthed. The EIA has demonstrated that this design will incur no adverse impacts to the adjacent wetlands. By restricting the permitted uses on the subject site as such, no other

development may occur on the site and the wetlands will be protected for the Iong-term.

7.8 Development and site alteration sha/l not be permitted on adjacent /ands to the natural heritage features and areas identified in po/icies 2. 1.4, 2. 7.5, and 2. 1.6 un/ess the eco/ogical function of the adjacent lands has been eva/uated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecologica/ functions. Policies 2.1 .4, 2.1 -si and 2.1 .6 identify the wetlands adjacent to the subject site as a provincially significant natural heritage feature. The supporting EIA has demonstrated that the proposed development will not incur any negative impacts to the significant wetlands or fish habitats. This will be ensured by restricting the permitted uses on the site to parking and a dock. The parking area will be setback a minimum of thirty metres from the highwater mark. The proposed dock will feature a two-staged design, consisting of a post-supported dock extending to a floating dock, measuringof12-feet recommendations the EIA.by 8-feet (3.6m x 2.4m). The proposed development complies with all of the

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Angus & Campbell Laidlaw

Page 94 of 170

Section 3.0: Protecting Public Health and Safety

Section 3 of the PPS deals with protection of public health and safety. The policies in this section direct development away from naturally-occurring and human-made hazard Iands, such as floodplains, erosion-prone areas, lormer mining and aggregate extraction operations, and other types of contaminated areas. The provincially significant wetlands adjacent to the subject site pose a potential natural hazard. As such, the Iocation of the proposed parking area will be setback from the high-water mark by a minimum of 30 metres, as per the recommendations of the EIA, to ensure the safety and health of both the natural environment and the users of the site are protected. It is our professional planning opinion that the proposed zoning by-law amendment, site plan control, and consent applications are consistent with the policies of the Provincial Policy Statement.

4.2 County of Frontenac Official Plan

The County of Frontenac Official Plan was adopted in 2014 and was approved by the Ministry of Municipal Affairs and Housing in 2016. The County Official Plan provides a high-level framework for guiding land use changes in the County, providing policy direction on matters regardiriq economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Of particular relevance to this application is the County’s policies regarding wetlands, per Section 7.1 .4.L Wetlands are identified as an important natural heritage Teati.ire which contribute to the biodiversity of the county. In general, no development or site alteration shall be permitted within Iands adjacent to provincially significant wetlands unless it can be demonstrated that there will be no negative impacts on their features or functions. The proposed development will restrict permitted uses on the subject site to parking and a dock. Parking will be setback a minimum of 30 metres from the highwater mark to ensure that there are no adverse impacts on the wetland features. The proposed dock will consist of a two-stage design, featuring an elevated post-supported section, as well as a floating dock measuring 1 2-feet by 8-feet (3.6m x 2.4m) in size. These measures comply with the recommendations wetland or fish habitats.of the EIA, which states that the proposed development will have no impact upon the 4.3 Township of South Frontenac Official Plan

The Township of South Frontenac Official Plan was adopted in 2003, with the most recent text amendments being approved by the Ministry of Municipal Affairs and Housing in 2013. There is currently a Draft Official Plan available which was presented to Council in 2015, however it is not as of yet in force or effect. As such, the following sections italics) : of the current Official Plan, as they related to this application, are reviewed below (with policies cited in / Section s: Land Use Policies / Section 7: Division of Land Section s: Land Use Policies

Section s provides policy direction for the Iand resources within South Frontenac. Seven land use designations are identified, as well as the Environmentally Sensitive Areas sub-designation which identifies and protects certain environmental and resources features. The subject site is designated Environmental Protection and Rural on Schedule A - Land Use, in the Township of South Frontenac Official Plan.

Planning Justification Letter

Angus & Campbell Laidlaw

Page 95 of 170

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Figure 4: Schedule A - Land Use Plan (source: Township of South Frontenac Official Plan).

Planning Justification Letter

Angus & Campbell Laidlaw

Page 96 of 170

Section 5.2 Environmental Protection

Section 5.2 of the Official Plan provides policy the Environmental Protection land use designation. These Iands are critical to the preservation of the Township’s natural heritage systems including wetlands, watercourses and lakes and significant portions of the habitat of threatened or endangered species. Section 5.2. s - Se vera/ wetland areas in the To wnship ha ve been e va/uated through the pro vincia/ Wet/and Eva/uation System as being Provincially Significant. Evaluated wetlands that have been dassified as provincially significant are designated Environmental Protection and identified by the symbol’W’ on the Land Use Schedu/e. The Township wil/ promote the continued protection of a/l significant wetlands to maintain and improve water quality, assist in flood contro4 provide important fish and wildlife habitat and contribute to substantia/ social and economic benefits which inc/ude selected outdoor recreationa/ and tourism re/ated activities.

The subject site is Iocated adjacent to identified provincially significant wetlands. Notwithstanding Section 5.2. 1, no deve/opment or site a/terations sha// be permitted within any of the significant wetlands. The Township wi/I zone a/l provincial/y significant wet/ands as areas for environmental protection and conservation and wil/ encourage protection and consetvation of a// other wet/ands in order to maintain their hydrologic, sociai wild/ife habitat features and recreationa/ benefits. No new development or site alteration within 120 metres (394 fee0 of a provincia/ly significant wet/and, nor the expansion or rede ve/opment of existing de ve/opment within or adjacent to a pro vincially significant wetland is permitted unless it has been determined through an Environmental /mpact Assessment, comp/eted in accordance with Section 5.2. 7 1 of this p/an, that there wi/I be no negative impacts on the natural features or ecological functions of the wetland. Development on existing /ots of record which are /ocated within or adjacent to a provincia/ly significant wetland wi/I be permitted, subject to the requirements of Section 5.2. 7 7. Notwithstanding the above, estab/ished agricultural activities are permitted within and adjacent to a pro vincially significant wetland without an Environmental Impact Assessment. The proposed development will encourage the protection and conservation of the wetlands by ensuring that only parking and docking facilities will be permitted on the subject site. No development or site alteration will occur within significant wetlands, with the exception of the placement of a post-supported dock which will be subject to permit approval by the RVCA. An Environmental Impact Assessment was completed in 2007. The RVCA has indicated that this assessment addresses their considerations given the limited scale of the proposed development. It was noted that the dimensions of the dock required confirmation. The proposed two-stage dock will consist of a post-supported dock over the wetland grasses to minimize impact to the natural heritage feature. A 1 2-foot by 8-foot floating dock will attach to the post-supported dock, beyond the wetland grasses, where boats would be berthed. Section 5.2. 1 - The uses permitted on /ands designated Environmental Protection are limited to agriculture, conservation, wild/ife management, research, education, appropriate passive recreational uses and public or private open space. Buildings, structures or works associated with agricu/ture, excluding residences, flood or erosion contro4 water course

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Angus & Campbell Laidlaw

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protection or bank stabilization may be permitted. However, no deve/opment or site alterations sha/I be permitted within significant potfions of threatened or endangered species or within a Pro vincial/y Significant Wetland a/though existing agricultural uses will be permitted and a//o wed to continue.

No development or site alterations are permitted within the provincially significant wetland, as per Section 5.2.5, with the exception of the placement of a post-supported dock which will be subject to permit approval by the RVCA.

Section s. 2. 7 1 - In considering any de ve/opment or site alteration, inc/uding any planning amendments or variances within or adjacent to any Environmentally Sensitive Area, Provincia/Iy Significant Wetland, Significant Potfions of the Habitat of an Endangered or Threatened Species, or within 300 metres (984.3 feet) of a Sensitive Lake Trout Lake, Councii in consultation with the Conservation Authority, wil/ require a pre/iminary Environmenta/ lmpactAssessment. Shou/d the municipa/ity determine from the resu/ts of the pre/iminary assessment that a more detailed Environmental Impact Assessment is required, it shall be prepared by a qualified individua/ and sha/l consist of: a) a description of the proposed development, its purpose including site p/anning detaj/s, a genera/ Iocationa/ map, proposed buildings, existing land uses and details showing the existing vegetation, site topography, drainage, soils and fish and wi/dlife habitat areas; b) a description of the negative impacts that will be caused or which might reasonab/y be expected to be caused to the environment and the eco/ogica/ functions and features associated with the feature,’

c) description of the negative impacts the proposed development wil/ have on fish habitat jnc/uding water quality requirements or effect on other features and functions; d) a statement indicating whether negative impacts wi// resu/t from the proposal and a description of the actions necessaty or whjch mjght be expected to be necessary to prevent change or to mitigate or remedy the negative impacts which might be expected to occur upon the environment and/or ecologica/ functions and features as a resu/t of the proposed deve/opment;

e) a description of how the mitigative measures wi// be implemented and/or enforced; f) any measures, where deemed appropriate, to monitor the mitigation measures and to assess the /ong-term impacts associated with the proposai An EIA was completed in 2007 and is summarized above, in Section 3.0 - Supporting Studies. Given the nature of the proposed development, a more detailed EIA has not been required by the municipality. Section 5.7 Rural

The Rural land designation provides policy direction for lands characterized by a rural landscape which reinforces the historical relationship between the Settlement Areas and the surrounding farm, rural and seasonal residential communities. Land uses in the Rural designation include but are not limited to: limited service residential; agriculture; open space; and conservation. Section 5.7.7p0 -The uses permitted shall be single detached residential dwellings, seasonal residential dwellings, seasonal dwellings converted to permanent dwellings and home occupations. The proposed development will not result in the construction of any dwellings. The subject site will provide mainland access to the water access only properties owned by the applicants on Mica Island. Section s. 7. Qi) (a) (d) (e) (f) and (g) - Limited Service Residentia/ Deve/opment Po/jcies a) The frontage, size and shape of any lot created for limited service residentia/ purposes through the se verance appro val process shal/ be appropriate for the proposed use and s hall conform with the provisions of the zoning by-/aw. As a rule, the minimum lot size shall be 1

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Angus & Campbell Laidlaw

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hectare {2. s acres) with a minimum of 91 metres (300 fee0 of water frontage and 76 metres (250 feet) of frontage on a private road. The municipality may consider reductions to the minimum /ot size and frontage requirements provided the overal/ intent of the P/an is maintained.

The proposed development does not meet the minimum requirements for lot size or frontage on a private road, however the overall intent of the Plan is maintained because the proposed lot will only provide access to existing island development. The proposed development would, as per the provisions of Section 5.7.7(iii), bring the Mica Island properties into conformity with the Official Plan by establishing permanent mainland access. The proposed zoning by-law amendment will ensure that no uses other than parking and docking facilities be permitted on the site. As such, the reduced lot size and frontage of the site are appropriate given the limited proposed uses, and will resolve the Iong-standing issue of a non-conforming access regime for the Mica Island properties. d) Limited service residential deve/opment sha/l be serviced by private water and sanitary sewage disposal systems. Such systems shal/ be approved by the appropriate authority. No development, other than the creation of a permanent parking and docking area, will be built on the subject site. No servicing is required for the proposed uses. This again will be ensured through the site-specific zoning by-law amendment.

e) Limited service residential deve/opment sha/I be designed to preserve as much as possjble a site’s physical attributes, such as tree coverage, vatying topography scenic views, etc, for the benefit of future residents.

As many of the site’s natural physical attributes as possible will be maintained. Minimal tree removal and shoreline alteration above the high-water mark will be required. Q Limited service residential development shall be developed in accordance with the app/icab/e po/icies of Section 5.2 of this Plan. The applicable provisions of Section 5.2 are addressed above. g) Where communal docking facilities are proposed, such faci/ities shall be /ocated a suitab/e distance, generally 60 metres (796. 8 feet), from the nearest residentia/ use, residentia/ land use designation or residential zone. It is our understanding that this provision regarding communal docking facilities is intended for more intensive docking facility operations than that which is proposed, such as a marina. A marina would include facilities for the berthing, storage, servicing, and repairing of boats as well as the storage of marine fuels and Iubricants. The proposed dock is to be used solely by the applicants and is a communal facility only in that it will be shared by the two owners of the Mica Island properkies. The dock will be setback approximately 10 metres from the northern lot Iine and approximately 20 metres from the nearest boat house to the north. The nearest residential dwelling is Iocated approximately 100 metres north of the proposed dock. Section s. 7. Qii) (b) and (d) - Lakes and rivers within the To wnship contain a number of is/ands and remote areas. Many islands and remote areas of the Township offer the opportunity for /imited service residential use. Consequent/y, /imited service residential development sha// be permitted on water access only lots pro viding: b) that access to the water body in which the is/and is situated is availab/e via a navigable waterway and/or a public road or an existing private or unassumed public road of sufficient quality to ensure the provision of appropriate sewices to the island;

d) that in the case of a /ot which has water access only, the owner of the water access lot demonstrates to the satisfaction of Council that land and mooring facilities on the main/and are available to permit the parking of automobi/es and/or the storage or docking of boats and boat

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Angus & Campbell Laidlaw

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trai/ers etc. associated with the use of the wateraccess Iot, in this way ensuring minima/ disruption to residents on the main/and. Such facilities sha/] be owned or tied in perpetuity to the water access only Iot and be zoned for parking and docking faci/ities only; The Mica Island properties, owned by the applicants, are existing non-conforming sites in that they are water access only lots with unsecured mainland access. The proposed development will result in the creation of a permanent mainland access for the subject sites. Land and mooring facilities on the mainland will be provided to permit the parking of automobiles and the docking of boats associated with the use of the water access lots. This will be a significant improvement to the existing situation which requires the goodwill of a neighbour to allow the applicants to access their property. It is proposed to tie the mainland lot to the island properties in perpetuity and to rezone the mainland lot to exclusively permit private parking and a dock. Section 7: Division of Land

Section 7.1 General Consent Policies Applicable to All Land Use Desiqnations The provisions of section 7.1 apply in addition to all other policies of the Official Plan. Only points (a) and (c) - (0 are relevant to the proposed development.

a) Consents shall on/y be granted when it is dearly not necessary in the pub/ic interest that a Plan of Subdivision be registered. /n this regard, consents wil/ be considered when the creation of new /ots, in the opinion of the Municipa/jty, will c/early have no adverse environmental, social or economic impact on the Township or adjacent land uses. Given the limited impact of the proposed development, a Plan of Subdivision has not been identified as a requirement of the Township. c) Thesizeofanyparceloflandcreatedbyconsentshallbeappropriatefortheusesproposed.Noparce/ of land created as a resu/t of a consent shall be /ess than that prescribed in the respective land use desjgnations of this P/an, except for parcels created as lot additions or for technica/ reasons. It is proposed to sever a parcel of land which is smaller than the size prescribed in the Rural Iand designation under Section 5.7.7(ii)(a); however, the parcel is to be created for the technical reason of establishing a permanent mainland access to the two Mica Island properties, in conformity with Sectiom 5.7.7(iii). d) Consents should be granted which generally provide for a satisfactory geometric design of the se vered and retained parcels.

The proposed consent will divide the existing lot along a natural severance point. The geometric design of the severed and retained parcels are logical given the proposed uses. e) Consents sha// not be granted for a parcel of land which is subject to flooding or erosion, or other physical hazard, and where no building envelope is identified on the /ot, when the use of the parcel requires that a bui/ding be erected. The advice of the appropriate authority wil/ be sought in this regard. The land is not subject to flooding or erosion and it is not proposed to erect a building on the land. Permits will be

‘1

required for the creation of the proposed dock.

f) A// app/ications for consent shal/ be accompanied with a sketch showing to sca/e the dimensions of the Iots (severed and retained) to be created by the proposed consent. In addition, existing buildings and setbacks from the propetty lines and major topographic and land features such as an escarpment, creek or wetland sha// be shown. The sketch shal/ a/so identify all buildings, septic systems and we/ls on the /ands subject to the consent application as we/l as on adjacent /ands. For those app/ications which constitute an addition to a holding, the sketch shal/ show the /ocation, size, use and ownership of the Iot to be enlarged.

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Angus & Campbell Laidlaw

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A sketch outlining the scale and dimensions of the severed and retained Iots, as well as major land features has been submitted with this application. There are no buildings on the subject site and none are proposed to be built. g) The creation of no more than two /ots in tota/ (7. e. inc/uding severed and retained) sha/l result from any one severance application for a new lot. Consents that are to establish a /egal right-of-way for more than 2 7 years will require an app/ication for consent when it is not part of a proposed new /ot. The severance application for a new lot will result in two Iots (including severed and retained). h) Consents which would resu/t in /and/ocking a parce/ wi/I be denied. Al/ new lots, except Iimited service residentia/ /ots, sha// front onto and gain direct access from an existing pub/ic road which reflects a reasonable standard of pavement or gravel construction and is maintained year-round by the municipality.

The proposed consent will not result in a landlocked parcel. The proposed retained and severed lots will be limited service residential lots, therefore not being required to have direct access to an existing public road with yearround maintenance by the municipality.

i) Consents shou/d not be granted for /and adjacent to a road from which access is to be obtained where a traffic hazard would be created because of limited sight /ines on cutves or grades. Access will be provided in a manner that ensures appropriate site lines are maintained. The proposed development conforms with the policies of the Official Plan. The Rural and Environmental Protection designations are generally supportive of the proposed uses, provided that sensitive environmental features are not overly adversely impacted. The overall impact of the proposed development will be minimal to the surrounding area and will serve to bring the existing non-conforming properties located on Mica Island into conformity with Section 5.7.7(iii) of the Official Plan by ensuring mainland access. It is our professional planning opinion that the proposed zoning by-Iaw amendment, site plan control, and consent applications conform with the policies of the Township of South Frontenac’s Official Plan.

PIBnning Justification Letter

Angus & Campbell Laidlaw

Page 101 of 170

5.O CURRENT & PROPOSED ZONING The subject site is zoned Limited Service Residential - Waterfront Zone (RLSW) in the Township of South Frontenac Comprehensive Zoning By-law 2003-75. The proposed zoning by-law amendment will rezone severed parcel to a site-specific Special Limited Service Residential - Waterfront Zone (RLSW-X). The site-specific zone will ensure that the site be maintained as a permanent mainland access for the Mica Island properties by restricting the permitted uses to parking and docking facilities, as required for accessing the two water access residential lots. The intent of the site-specific zone is the ensure that there will be no development other than the proposed parking and docking facilities. The retained parcel will continue to comply with the requirements of the Limited Service Residential - Waterfront Zone (RLSW). 5.I Permitted Uses

It is proposed to restrict the permitted uses on the severed parcel to parking and a dock for the benefit of two water access residential lots. This will ensure that the site may only operate as a mainland access point for the Mica Island properties and that no future significant development or site alteration will occur on the site without prior municipal approvals. A boat launching pad would be prohibited and not included within the definition of a dock. A site plan agreement will control the disturbed areas. 5.2 Parking

The minimum parking requirements, per section 5.30.1 of the Comprehensive Zoning By-law 2003-75, states that residential uses must provide a minimum of two spaces for every dwelling unit. Given that the subject site will be used by both water access properties on Mica Island, each containing a cottage, it is proposed to provide four parking spaces to meet the requirements of the zoning by-law, per Section 5.30.1 .1 . The by-law requires that parking be setback a minimum of 15 metres from the high-water mark, per Section 5.25.2. The proposed parking will be setback at least 30 metres from the high-water mark, exceeding the requirement of the zoning by-law.

Planning Justification letter

Angus & Campbell Laidlaw

Page 102 of 170

6.O CONCLUSION The applicants are seeking to establish a permanent mainland access regime for their water access properties Iocated on Mica Island. To-date, the Mica Island properties contain non-conforming cottage dwelling uses which do not have land or mooring facilities on the mainland from which they may access their respective sites, as is required per Section 5.7.7(iii) of the Official Plan.

It is proposed to rezone an area of approximately O.48 hectares, described as Parts 1 - 4 on the registered plan of survey, to a site-specific RLSW-X zone which permits only private car parking and a dock for the benefit of the two water access residential lots Iocated on Mica Island. The proposed zoning by-law amendment will ensure that the subject site will be maintained and used solely as a mainland access for the island properties, and that no development or site alteration, other than the parking and docking facilities, may occur without municipal approvals.

The RVCA is the responsible authority for issuing a permit for “Development, Interference with Wetlands and Alterations to Shoreline and Watercourses,” which will allow the creation of the proposed dock. The permit will be issued concurrently with approval from the municipality for the proposed consent. It is our professional planning opinion that this zoning by-Iaw amendment represents good planning. If you have questions or should you require any additional information, please do not hesitate to contact us at 613.542.5454.

Respectfully,

fflA2?Mike Keene, MCIP, RPP

Associate Direction, Planning + Development Fotenn Consultants Inc.

Planning Justification Letter

Angus & Campbell Laidlaw

Page 103 of 170

APPENDIX A:

PROPOSED ZONING BY-LAW AMENDMENT RLSW-X (Part of Lot 28, Concession Vll, Bedford District) Notwithstanding any pro vision of this by-/a w to the contrar, the /ands zoned Special Limited Service Residentia/Waterfront (RLSW-X) shal/ be used on/y in accordance with the fol/owing: Permitted Uses: *

A dock for the exclusive use of the owners of the two properties located on Mica /s/and, subject to approval from the appropriate authority; Parking for the exc/usive use of the owners of the two propetlies /ocated on Mica Island, provided that the parking area is /ocated no closer than 30 metres to the highwater mark;

A// other pro visions of this by-/a w sha/l apply. Schedule A

RLSW-X

Planning Justification Letter

Angus & Campbell Laidlaw

Page 104 of 170

APPENDIX B:

PLAN OF SURVEY 13R-11231

k i4’f43

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Planning Justification Letter

Ang5B & Campbell Laidlaw

Page 105 of 170

APPENDIX C: PLAN OF SURVEY 13R-3361 REF!RENCEPLAN / OW?WTOF

LOT 28. CONC!SSION 7.

TOWNSHIP OF 8EDFO!ID ' COUIITY OF FRONTENAC

scatx oytiycuntiomr :’ % ’ l 1979.

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Planning Justification Letter

Angus & Campbell Laidlaw

Page 106 of 170

MEMORANDUM TO:

LINDSAY MILLS, TOWNHSIP OF SOUTH FRONTENAC

COPY TO: CAMPBELL LAIDLAW & AN(,US LAIDLAW FROM:

DAVID MUNDAY

DATE:

APRIL 11, 2018

RE:

CREATION/SEVERANCE OF MAINLAND PARKING PARCEL

FILENO.: 32110-1

Dear Mr. Mills,

Thank you for speaking with me at Iength February 23.

The purpose of this memorandum is to clarify our discussion and the proposal that will be forthcoming from Campbell and Angus Laidlaw to ensure everyone is proceeding on the same understanding.

As discussed with you initially at the end of 2017, we have been retained by Campbell & Angus

Laidlaw (the “Laidlaws”), two brothers who each own one half (1 /2) of Mica Island in Bob"s Lake

(GIS image attached).

The existing mainland access situation for the Laidlaws has depended upon having friendly relations with a mainland property owner who has permitted them to park and launch boats via a temporary licence agreement that was renewed annually. This access arrangement is obviously less than ideal given its tenuous nature and the Laidlaws have therefore sought options to secure permanent mainland parking & access.

To that end, the Laidlaws have entered an agreement with Mr. Trevor Tucker, the owner of mainland property to buy an approximately 1 .2 acre parcel of land (described as Parts 1 - 4 on the attached Plan), subject to obtaining planning approvals from the municipality. As discussed, the lands in q uestion are almost naturally severed and are connected only by a very narrow Iand

Page 107 of 170

bridge in any case (i.e. to anyone viewing the property, it would appear that it is already separate).

Further to our telephone conversation and prior meeting at our offices to review the proposal, it is the position of the Laidlaws that a severance of the aforementioned Iands for the pu rposes of an “island parking/access” parcel conforms with the Township’s Official Plan and can be supported, provided the lands are concurrently rezoned to a site specific zoning that precludes any future/potential basis for residential development at any point in the future. As discussed with you, in our view, OP policy 5.7.7(iii)(d) su pports the creation of the proposed Iot, which will be exclusively for the use of parking/docking facilities only. The proposal will regularize the access regime for these existing island properties in the manner outlined by the Official Plan. We also note that there is precedent for this type of application in the Township. To that end, the Laidlaws are prepared to proceed as follows: *

To submit an application for rezoning the proposed parcel to permit parking & docking only;

Subsequent to confirmation the zoning has been approved, to submit a Consent

Application to sever the parcel; @

As a condition of Severance Approval to enter into a Site Plan Agreement with the Township to be registered against both the island properties and the severed parcel, further reinforcing the nature of the property’s use; As a further assu rance, the Laidlaws will undertake to enter a Restrictive Covenant to be

registered on title to the island properties that confirms neither party’s interest in the island property can be transferred independently of the interest in the parking/docking parcel.

Prior to submitting all of the foregoing applications and incurring significant costs, the Laidlaws are seeking confirmation that planning staff at the municipality are supportive of the proposal and will recommend approval if/when the matter goes before Coi?incil and/or the Committee of Adji?istment.

We trust everything is clear, howeverif you have any q uestions, please contact the undersigned. S i n ce re Iy,

David C. Munday

Page 108 of 170

AUTHORIZATION LETTER

.iui?v 4, 2018

Applications for Zoning By-law Amendment and Consent (severance)

i .q3’K ly;4yl-y beiiig thp ai?ithorized owner ot the si.ib1ect lands. Iot’:ated on Part ot Lots 27 ai’id 28. ConcessIorl ‘7, lr’l the ‘-orm’ar Townshlp of? BecJlora. in the ‘Townshll’; of Solj’-h Frontenac. hereb’l authorize …E?qte?nn

Cg.iiBi.iita.niS hip - ?0 act In all nThatiel S oFi my beha)f pertallllng to rhese applicattons. and that an’yone who has

been authorized by me is riot disqualified ciiider airy law lron’i represeritii?ig me in this n’iatter.

%uthorizatio l

. .%)

?’.u ???: . t’ .f,x-. SignallJre

Authorization l?etter

;?. ..’?:t?!=-2 .0-Lb-

.-.-.?-…..-.-1%..-.. Date

July 2018

Page 109 of 170

AUTHORIZATION LETTER

JULY 4. 2018

Authorization for Development Applications

l ?%b-dJ-.l?a?*?<l’qtA 4"ri7 &}J? (:?..a t?Ay hereby a?ithorize

Fote+‘ii’i Coiisiiltants Iiic. to act in ah

ma’-ters oy’? m ‘1 behalf per!aii?iiiig r(’) de.velopmei’it applications rela?i+‘Tg to t!le sciblect lands, locafed oil P an of

Lots 27 and 28. Coti:essioi-i ‘.‘a tri the lormer Townst’iip of E+e,:!dorc.l. tri the Townst’iip of South Frontey’iac: and that

anyol?ie who llas been acitliorizsd b}’ nle IS ncit d:sqoalified uridei ally raw from represeriting me lli this matter.

.p’.–.-,;!-iij=y??? .? ??/. !??’??.??.

Date

e-. ????? ??? S?gnatore ,x

Authorization Letter

li’

Date

.a’ Q/

-?’..’..

;i(Hy

July 2018

Page 110 of 170

06/27/2alB

13: 43

DE?BOB

PiThGE ?2117

ENViRONMENTAi IMPACT ASSESSMENT

AN EVALUATION OF A PARCEL OF LAND ON PART OF LOTS 27 AND 28 CONCE’,SSION 7 DISTRICT OF BEI)FORD TOWNSJ-nP OF SOUTH FRONTENAC .X

,, BOBS LAKE

-Q ? u!l %llQ T A l/ Ij’

}

?.<

APPLICATION FOR

%+#

. EASEMENT

PREPARF,D FO.R: A1==JGUS LAI][)LAW

2285 BADGER CRES(JNT OTTAWA. ONTARIO K2ClH9

PREPARED BY: (ONT,=‘JuaO LAI(E ASSESSA’[ENTS 36541 STAGE COACH ROAD RR#3

RlARRGWSMNTt{, ONTA]Ft[O KOH nV0

DF,CEMRER

200(ffi

Page 111 of 170

06/27/2018

13:43 E)OOE)0

PHOTOGRAPHS

)

PAGE 0(I/17

Page

Photograph 1- Photograph 1- Aprii 21, 2006 - SI?OWS damage to wetland 9S a reault of iviuter sriowmobile aecess

Photograph 2 - Apri!i 21, 2{)06 - Shosvs Type % pike spawniiig Niatyitat deep iuto the bay iau4 the evmiag boat}ioqses at iiortl:ern extremity of wetland

i<y

In:

Pbotog>ph 3 - Augost 2, 20(16 - Snme exposure as Pbotogrnph 2 P}notograp’bi4 - Apri’, 2!, 2006 - CatfaU rringe along <vest side of bay

Type l F’.sh Habit:it for pike Photograpb s - ApyAl 21, :‘006 - Nnland frona the road; the svetlaud is

douijnaterM by ea(taiug and is T)ype :l pike spinvuixmg Iiabitat Photograph 6 - April 2]1, 2006 - Shosvs ncarsbore area at site of proprnsed

dock access ,

Photograph 7 - August 2, 2006 - Shows eatt:ait fringe at site of proposed :l

tlock instal[ation

Photogrpph 8 - jitxgas! 2, 2006;

]!7

Pbotograph 9 - Aaagust 2, 20RtJ,S - “N’wo bost€ Li<suses s!xow existing shoreMiue

‘!I-/

(aaC

useg ixi this tay

Pbotograph 10 - ,itugust 2, 24’)06 - Accegs to llie pairl<jng area PThotogrnp!x % 1- A’vgust 2, 2006 - Shows locatioa of proposed docKc Plxotogaaaph 12 - Sep 27, 2006 - Sktovvs €he subtnerged, floiitAiig leafe& aa& ernergetat aqtma€ie pAants iph tbe bay

Fboto@aph 13 - Septetobey 27, 2006 - Dock sNte ae %ow water perQeel Pho(ogrspb M - Sep:embeha 27, 2006 Dock sfice eJurimg Aowa wzeey pera:A Nliotogiaiiph [5 - Sep€enzber 27, 2006 Dock site tt low wafler period

:*i ?. ? a"l l?

17 28 18 19 iq 20 -‘0

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211

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Page 112 of 170

8E,/27/2818 13:43

08880 PAGE 06/17

1 li.

-2-

portinn of the property is zoned limited service residential waterfront (RLSW); the we(lmid portion is zoned EP. 2.O ENVIRONMENTAL CONCERNS

2.1 Provincially Siguiflcsnt Wetland Designatffion

The Pro’vinciaJJy Siguificunt Wetlarxd designaticm is determined and set by MNR? and/or the Conservution A?it}tority. Wetlaiids have bcen lost from southern Omai’io at an

alarming rate in the psst 100 years duc to draiyiin@, fitling, deforestatioxi and excavatiort/mining for perxi and soil. Along ivitli loss of the physical reatures, ec..osystem fiioetion and stabilit’y, is tbc IOSS of habitat for au weilaitd plant and animal corrunumties and species. Bobs Lalce lies in the Rideau River watershed. The, watershed southeast of Bobs Lalce has

many aiaeas ctassifie.d as Provinciall>i Significant Vv’etland, Inland wetland pockets east of Cncen Bay and the eastern basin of F?,ohs [,al<e have been complexed with others nearby to form this desigi?iation. Many of tbe pockets stand alone w}‘ffle O’ie wetlarzd ia ’tbe sza subicct of this applicatioti frorits ori Bobs Lal<e at twa locations. The combination o€ lake surface area and shorelinc, wetiands a,rid ?iplaxid areas in close proximity crcates a stabJe, diversc and iicalthy ecosystem. The Mitcliel Cree?c Wet)and is not only important for main(ai?g water quaUty and ecological cli-versity but also prov;xdes critical habitat fot mmiy fish species. s

The portion ‘us question fronts along the Iakefront arid extends inland from Lots 27 arid

‘;J, Concession 7 on the east side of Bobs Lalce, Bofford District (sec Schcctu?e A to the OP and Schedulc D to t??ie CompreJiensive Zoriing By-law ).003-75. Thc wetlaixds in tt’ie

Comprehensive Zoning, By-law He zoned EP. (see ntap beloyv)

‘iA]itll resp(,ct to tIle Euaea flaofl(ing the sAtE, tIle plalll colJuutlJ].ities aiae identIfied ‘.)” OlllaliO Lake Assessmex:ts to be reiioll aud jlVl2. The Ml plant chmn’mnjty is marsh with vobust emer2,enls (reMl), cattail {:?.ypha spp.) and uarrow-leaved emergents, burreeds

[gparganizzm s(2p). Thc f?<42 plarit con’imunity is offsbore. except ror a section frontir.g on

the nox’therly)?oend of the site. l’hjs mnrs)i comn’iunity is dnmitiated by floatiiig ?eaved

rooted plants (fM2) and some emergems ir.cluding g%ilym?. Pz?nnogetm’i spp. and4. 2.2 Fish ‘f!ibitat Coneerns I

Tlxe Mi4chei Creek Wetlaiid serves as fish habitat for :nr;my species. There are 25

cLifferent fish species mentioned in the files of MJs?-R as pxesentoor apreviotisly iritsoduced to Bobs Lalce; these can be found listed 6’i Appendix 1. The shoreli?ne ixr front of and adjacent to the proposed dock site is habitat that wou(d he

considered Type i oc Type 2 fish babitat by tbe MNR.

ONTAR[O LAJKE A.SS[ESSM!!’.N X$

Page 113 of 170

66/27/2018

13:(13 BE)EIOEI

PAGE 08/17

{

-4-

The entire bay serves as Type 2 fish habitat for bass and the cattaii fringe may serve as Type 1 spawning habita;t for pike. l

DOCI(S and boathoxises are con’irrion features on the shorelines of Ialces and risiers tri

Ontario antj are air impoi>tant part of tA’ic recreational use of our waterways. The shoreline aren to front of wiaterfront praperry is aaso iinportam habitat for a variety of aquatic organisms, including i:ish. Fish lay tlteir eggs, fced aii,d hidc from predutors in t!iese stioreliiie areas. BuildiiiB a doek can impact this important habi(at.

Fisheries and Oceans Canacla (DFO) is responsible for protecting fish and fish habitat across Cmar;Li. Uader Section 35 of the Fisheries Act no one may carry out a w6jl< or

underia?aug tlmt wi!t cause the hattuful aiteratioxi, disniption or destruction (}{ADD) of fisb habitat xui?less it has becn autt’.orized by DFO. )By foilo?g the c.ond.i!ioris ax’id measures set out below con’pliance with Subsectiop 35(1) of (he Fisheries Act can tie achieved.

2,2.1 Depardment of FisbecMes and Ocerans Ontario Operatmonam Stateanent

The Depaitment of Fisheries a.qd Oceans lirepar=d the folloiving Operational Statement to describc the conditions i:nder which it is applicaable arid the rneasurcs to be incoilxirated into the desigi’i, cons(ruction, rcbt’iild and repnir of a doclc in order to avoid negative impacts to Rsh haL+itat A propoiient iua,y ptocbed with a doek protect wit,§out DFO

l) Tbe liroject is a netv, repai,r or rebuild of a floating, canti{ever or post dock,

:aeview by taeetittg the fol!ovin?B cotidi€ious:

otc{inxy high walcr xnatk incl’itding both exisljng and proposed structures

the total surfacc azaea for ate critire dock, wbich occurs in a location below the

coinbii’aed, does aiot exceed 50m2 (538 ft2) %’ !,

it is not :?‘xade of conc.rete or steel sheetjng or any other slcirting that isolates

the atea under t)ie doclc froa’n the res;t of the water,

it does not roq’u’u:e any drcdging, [ilasting or infilling in the wa’te:r
(}‘ie ecrnbinecl ’tvidth for all existiag and proliosed shoreline improvements (docl<s, beaches) oxi !aiid and in water is leSs (imi 25o/o of the riparian ;vea widlh (shoreliixe [rontage ividth) of (]xe proper(‘y, arid
i?xe Mcssures ao Protect Fish and Fisli Hatiitat listed below are incorporated l

when building re dock.

" &f,qtt Cvraffig oft tIe RVCA MS noa supportfivie of th6s lacge a efloe(k,

2.2.2 Me2sqres uo Proteet Fish moafl Rsb Nb?Wyifat wheo BuMMMng M Dock 11. Floffitiffiz, casitilever and post doct<s, rod rxa4ine raiaways (on posts) for boatbouse access can be instaUed at ariy time.

Time the iristaalation of crab docks with a total combined [ootprint (total area of cribbing an coratact wiCh the boao?) of up to { 5m 2 (461 ft2) (0 prevent disruption of

ONTA][uO LAkKE-4$SES!JMg?%‘aj[:S?)’. ‘.

Page 114 of 170

OE./27/20le 13:43 00800

PAGE 16/17

-6-

While this OperaUonal Statenttuit does not covet tJ’ae clearing of riparian vegetatjon, the removal of select plants may be necessary to access the consttbction s?ite. ’n’iis removal shou(d be kept to a minimum. IL Vegetate any dishrrbed areas by plantiiig ud seeding preferab’ly nalive trees, shrubs or pssses and c<>ver such areas with mu]cli to preves’it soil erosion arid to help st.<ds genninate. [f there is inmifficient time in the (,i’owi np, season remaining for (he seacls to gerrriinate, stabilize t}‘ie site (e.g., covcr exposed areas witi erosion control hlankets to

keep t}‘ie soil tri plate rod prevent erosion) and vegetate the foff)oivinlg spring. 12. Maintajn effec6ve sedinxent and erosion control measures until complete revegetahon of disturbed areas is achievcd.

2.2.3 A&aitionmu Doek Ccinstvuetion Nnfoymimeion

There is more 4etailed iaformation on fish-friendly doclc coristruction rod maiiatenance practices to hel@ you plan your project, please ref’er to the followin@ document: The Dock Primer - A Cottager’s Cruide to Waterfrotxt-Friendly Docks http ://www.d fo-mpo .ge. ea/ea n w a t eys - enuxean/ in roc eu e re/guideunes- co u s eMl S/ guides/&oek-primer/Joekl.e.asp (Ontario E,dition) The “Dock Primer” coritains additional helpful iriformation. It also states that all doclcs must be reviewed. Piease note however, that pto3ects following t)?ffls Operational Statement will riot need DPO review. Peterbotough Fisheries atA Oceans Cannda

501 Towerhill ROEICI, Unit 102 Peterborough, ON K9H 783 Telephone: (705) 750-0269 Fax: (“7os) 750-4016

Email: ReferralsPeterborough@DFO-MPO.GC.CA DefinMtions:

Environmemally-frjendly fumber atrd stains -

Chernical wood preservatives used in Canada are regulated try the Pest Maa’xagen’xent Reguiatoq Agency, HeaJth Canada. Approveir1 prcscrvativcs used most corn?onJy in dumber are A!lkaline Copper Quatermry (ACQ) and Copper Azole (CA). Cxeosote treated wood smould not ,be use& in or near water. Aslc your loca!l buiWding supply outlet for fuat)aex infor?atflon on availab[e products. 2.2,4 Road Cujlvei

It shpuld be rioted that (he culvert under the road at the aiea4 of the bay [ikely serves as a

ijetercent to @ilce :nhovjng Toeyond the bay into the wetlarid qo spawn. Tie inlathd pomon of the wedani has the most productive capacity as pilce spawnia’ig a’>abitat. Tie roadway has

ONTAn(ffO lLA[a: kSSl’SSMg:f4 M’S '

Page 115 of 170

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through sn Environnaeaqta’! Jnayaet Assesszsut compWeted En gccortlarice wjth Sectiou 5.2.il of tJhia plau ihut tbere wiu lxe oo xiegative innpacts on the

natural jeaturcs or-ecoko’g3caN founetions of the-vvc-t an:d ‘.

Sec(ion 5.2.7 (p.l8) (Environmentauy Sensi?iveAreas) (a) (Policies for Developntetit ahd Site Alterattom tit Fish Habitat, Sigtt’tficam 14]lldl’tfe Habilat, Areas of Natural apgd Sciemific Interest, Wood[ttnds ayxi Valleykmds. Site allera?it>tts ih and adjacent to the above may be permilted itg accor4ance svi?h the folLowing: ([1)

(i)

wben an Envtromuetal I[tnpact Assessment prepared according to Section 5.2,li inaicates no negat#e impact ot natura?l features or eeologieal funetious oceuir. ,,. Mf the EIA eoncBudes no negative imp.giets then .. … site alteratiom may proceea baseJ oo cecomanendmtions = the EIA, A eotnpleted an aeeepted EJA does bot ensaaae that the proposaN wMIN automatically be permffitted.

(v) Private land owners with lm’ads abuttiug Environmentally Sensitive Areas wjH be encouraged to maMntain their lands in a manner xohicbi preserves the at€ributes . .,

(vij) ,,,,….,,Site.P]lanContyoDvilNbeuseclwhereapyroprAateto jaxplement remeaUal measures/mitjg’atjon nxeasures fidentjfied jn the E[A.

I f

;

Sectiou 5.2.7 (p.l9) (Envtrotunemal[y Sensitive Areas) (b) (,oltcies fm Dtvelopmem aitd Si]e AlteratiottsArljacezxt to Lakes and Rivers) 5.2,7 (b)(i) <Ajl laaas wNthMu 90 metres of the higb watey tnark of aH lakes and riverg whieh

are. not desMBnated EP ure included as Eu’vironuxeutally Sensitive Areas’ ana) 5.2.7 (b)(ii) 4) Develoyment aod /oy site Jteraaions pro@osed wfithfin 30 medres oE the high water mairk wkmk requiye an Environmenta(l Nmpact

A.ssessmenq -.-. wbMeh evaRuates the poteotiaW negative inpaefs OG fish

t l

habitat.

Section 5.2-X ]l (p,24) (Envirompaepxda[ hnpactAssessrtaenl) Tbis se-ctAou addresses any deveuopuient or site alteration withi’n or adjaeent to any

Ehvir6nmentatly Sensitive Area, Provmcially Sjgnifieant WetianJ . ,..-, I, or wiaiin 300 metres of a sengitiye llake fflrout Rake, Counciffl tn consuNtatjou witb

the Conserva(ioa kuthorffity, *vjlM mguNuae m preliril.rtaty Enviroumqr!g,l ? Assessntem (PE?A ), Shou?la tbe munieipanMty aetertufine from t?he resuBts of the

p;%inary assessmene that a ?ore aetaaned Envfironitmientau Impae& As’set:sxueuit (E[A)?fis reqaiyeal, fid sba’il be preparerJ try a oluaNified ice’ivNduzt and shalR constst of the eletnti:.ts of Sectionx 5.2.I W (a), ([b), (c), (d), (e), aud ({[) o.f €‘he 0P..

S,«;:ioq 3,7,7 Liantted Servffiee Resa&eitfiail Po!ficies 5.7.7 (Qa) (P.52) Wafer Access Loes . . . tl .. li.naited servMce resAaeu@iai dlevJopunen€ anb-al} tpe petmAateall on waaer sThecess onWy Rots @yoviding: J) …… fbe ovvnev oF the waaeao accegs !lot

0Nll?A.RlO LAKF, ASSESSM€NTS

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dogyvood (Cnrntis stolonifera) and srariety of small willow (Salix s(2p.)

are more

dornjnaxxt altbough the ofhex: sl.iecies tire also prcserxt. Thc parccls subjcct to this applicatitm for an easement are Parts 1, 2, 3 and 4 indicated On tbe survey below. Thc surve.y beloui slioiiis tl’ie property and ffie location of the proposed f

partcing envelopc aloxig ivith the proposd acccss point to The lake for a doclc, A copy’ of thc oriial sui’vey caxi be found in the report jacket. wi?

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The ptoposa:1 ig to create an easement as described in the iiitroduction. Thjs will requ3xe: :il.

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the creation of a parking area for four yehicles and dock space for two t+oats. $taeie ‘iS neitber ;intcnt rior any oppormnxty to create a boat launcb site or a bomhouse. The intent i,g

to proyide psxkin(g at a distance of >30 metres from the water. The parkiiiB area c’an ’l;ie .m ‘?:}.-

located on the existing hydro right-of-way in order to reduce t??ie iieeJ for tree removhl (seie si.irvey above and in reporl ja6ket), l’

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ONT.‘Jt[O LAKE ASSUSSMENTS Page 120 of 170

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Page 121 of 170

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“t.o THE PROPO8AL AND r$ mqtimmrqrs OF THE OP

Section 5.2 (Eiivironinen(al Protection) (p.l4) addresses development requirementg [or areas desiguated Environmental Protectton; this destgnation applies to all wet?ands, lakes and watereourses. TbSs designation requires a 30

metre setback ror development from lakes, fish habitnt, and wetlands zoned EP, The parking area associated vith this proposal wil? be setbaek a minimutn distance of 30 metres from the watey arid weFland fringe,

Sectio’n 5.2.5 (Signficatit Wetlands) (p.l7) addresses develop’ment within and adjacent to wetlands zoned Provineia?ly Signfflcant (PS W), This section states ‘That no new development or site alteration within 120 metres of a ProvincialJy Significant Wetland is peraiitted unless it has been determined thpough an Envtronmental Impsct Assessment compJeted in accordance with Section 5,2,11 of this plau that there will be no ne?gative impacts on the nmtural feattires or ecological functions of the wetland’.

This EJA meets the above requirement of tbe OP.

l m I

Seetiou 5.2.7 (p.l8) (Environmeritally Sensitive Areas) (a) (Policies for Developzttent and Site Al?ermions In Fisli Hubitat, Significant’H’ildliJ’e Habitat, , Areas of Na?ural and Sciemific Ititerest, Woodlaiids aytd Val[eylands, Site a.iteralin.ns iii arid adjacent to the above may be permitted irt accordahce with the jollowt’tig: (i)

when an Enviroumental Impact Assessment prepared aecording to Seetion 5.2.11 indicates no negative impact oti natural features or ecological funetions occur.

(ii)

… if the ?NA coneludes no neg4tive impacts then .. … site altera’tion may proceed based on recommendations in the EIA. A cotnpleted an aecepted EIA does not ensure that the proposal will

automatically be permitted.

(Vi)

Private bind owners with lands abutting Environmentauy Sensittve Areas will be eneouraged to maiutatn their lands in a manner which preserves the attributes …

(viii) …..,.,..Site,‘PlanControlwillbeusedwhereappropriateto

itnpleuxent reuuedial measuires/mitigation measures identifier in theETA.

All of t}ie above have been aadressed in the EIA and are imicluded in the recommendatioris below,

ONT AJRIO [AKE ASSESSMENTS

Page 122 of 170

06/27/2alB 13: 37

PAGE

00000

09/11

-23-

5.8.4(p,31) Natura! vegetatioti buffers siiould be maintained withm 30 metres (98.4’) ofthe high water mark

There is no requiresent for retnoval of or disturbance to any of the vegetation buffer nor the riparian yegetation beyond tbat required to gain

access to the dock. This wiu result in a disturbance to less than 3oA of the shoreline distance based on a 4 metre access width. f

5.37.I(p.4 7) EttvivonmentalLy Sensiase Lands Wetxtified on the schedules to this by-law incfude ,aFl laysds that have ..,.. fis/i habital, significan] wildltfe habitat, ,., ,. ., all larids within 300 metres of the htgh water mark of highly serisiiive lake troxit lakes and 90 metres of the high water mark 4 any other waterbody, 50 metres from Areas of NatiiraL and Scientific Interiest and significant portions of the habittit of an endwgeed or threateixed species, 30 metres from fish habitat, .,… . An Eiwvirotimental Impact Assessment shall acconpany all d4velopinem or site alteratiotx applications. 5.37,2 (p.48) bi areas perrrumetttly ittuhdated by water, the on[y yrmitted uses shall be ..?…….txnd docks provIded they do /Z(7/ intetfere with rlparian habitat, fish habilat , , . , … The dock design recommended in this application is designed to not interfere with riparian vegetsition and fish habitat, Tbe DFO recommend floating docks or post (pedestal dockg) as beirig the least intrusive,
Section 32 Enviroiimetiial Pretection Zone 32.3 Zotbe Regulatiom r

‘!a

All applications for development adjacent to EP lands shatl be deal/ with on a site-by site basis at the time of applicaliohb. The minimum separmion distance between uses and EP Iands shall a.

..l

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be 30 metres. C.

The appropriate setback jrom the high water mark of anylake, river, creek, stream or svet[attd shall be established by Council at the rime

of applicatiort tit coyisultatjoii with the Conservation Authoruy , .,.. , :i ..??. ?-

The above concerns with respect to Seetion 32 have been addressed by way of p site visit wjth the Rideau Valley Conservation ,kuthority (RVCA) and the

. ? A JAlt. Vlehlt YYjltl IIIU Iuuta

. :i i . ?recotmnendibtions below. $WY AND RECOMMENDATNONS:

it jlHs ::mai ::a>osax :do@s not ‘involve any fillinB, any excavation, any draining or any other i ;yt

x0e wetland plant community-or changes to ‘a’ie hydrologic function of the

r (

ONT,mffiSSESSMENTS

Page 123 of 170

PAGE 11/11

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[ APPENDIX 1

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Fjnd below a list ofatl the species mentioned In the fi[es for Bobs Lake and Crow Lske. Species

Common

Scientific

Code

Narne

N am e

Number

76 rainbow trout 81 Jake trout

[:?l

82 splake

93 lake herring (cisco) 131 northern pike

€

€ €

[1 [2

91 lake whitefish

132 muskellunge

‘atosto’!mls comlTlersr!nii

194 golden shiner

Notcmi(zornts cnisolericas Litxilus coyyiutis

198 commonsbiner 208 bluntnose rninnow 213 fallfish

??gj: ??otfl?ys cr)rporalis

232 yellow bullhead

Ameiaurus nata(is

233 brown buluiead 251 Americaneel 261 banded killifish

M4rus yiebulosus

271 lirtg (burbot) 311 rock bass

312 green sunfish 313 pumpkinseed 314 bluegill 317 largemouthbass 3] yellowperch

334 walleye (yellow pickerel) l

iX ?fiasQuino,

163 white sucker

316 smal)moutb bass

€

Qncorhlmchus mykiss ?elinyis nama5icu5h $,23amalxcush x S. fontinalis Coregomts clupeaformis, .Corer4orms artedi 4

Ansruillo rostratti

?d?tis dimJranus ? Ambloolites rupesfri Lepemis c>rant’.ll?rm omis,%. Lepomis macroclyii

Micropferus ciolomjeu !Microplerud Pe.rca flasyescens

Sij?=s.tedion vitrexmr vitr?

Q Q €

ONTARIO LAKE ASSESst!4ENTS

Page 124 of 170

Lindsay Mills Lindsay Mills May-03-18 3:02 PM ‘David Munday’ RE: Severance for parking/boat Iaunching parcel on Bob’s Lake - Campbell & Angus

From: Sent: To:

Subject:

Laidlaw (32110-1)

David,

l think it’s something we can do. My only hesitation is that it arguably doesn"t meet the intent of the OP regarding minimum Iot sizes ie., it would only be about 1.2 acres in size. I think as Iong as the covenant is registered to tie the parcels together, then it is supportable. l hope this helps. Lindsay

From: David Munday [mailto:dmunday@cswan.com? Sent: April-30-18 2:10 PM To: Lindsay Mills Imills@southfrontenac.net

Subject: RE: Severance for parking/boat launching parcel on Bob’s Lake - Campbell & Angus Laidlaw (32110-1) Liiidsay, Re-sending, as per yo?ir req?iest. Regards, David

r* T -- - *Tr - ** 040

David C. Munday Part+ier

(amninghain, Swan, Caity, Litt1e & Bonham LLP T 613.546.8091 F 6]3.542.9814

Suite 300 - 27 Princess Street, Kingston ON K7L ) A3 Visit our website at www.cswgn.cgm

The email transmission contains confidential information from Cunningham, Swan, Carty, Little & Bonham LLP. This information is intended solely for use by the individual entity named as the recipient hereof. This email transmission has been transmitted in an unencrypted format. Should you wish to disconti nue communication in this manner, please advise our offices by return mail immediately. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify our office by return mail immediately and then delete the transmission from your system.

From: David Munday Sent: April 25, 2018 2:18 PM To: lmills@township.southfrontenac.on.ca

Cc: ‘Campbell Laidlaw’; ‘Laidlaw, Angus (CNSC/CCSN)’; ‘CAROL LAIDLAW’ Subject: RE: RE: Severance for parking/boat Iaunching parcel on Bob’s Lake - Campbell & Angus Laidlaw (32110-1) 1

Page 125 of 170

Hello Lindsay,

I’in j?ist following Lll) 011 the prior email below. l have provided the attachi’nents agaiii for coiiveiiience. David M?inday **

T T II - @7@? 3 00 ** 00

David C. Munday Partner

Cuniiinghain, Swan, Carty, Litt)e & Bonham LLP T 613 .546.8091 F 613.542.98 l4

Suite 300 - 27 Priiicess Street, Kingston ON K7L lA3 Visit our website at www.cswan.com

communication in this manner, please advise our offices by return mail immediately. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify our office by return mail immediately and then delete the transmission from your system.

From: David Munday Sent: April 11, 2018 9:10 AM To: lmills@township.southfrontenac.on.ca Cc: ‘Campbell Laidlaw’; Laidlaw, Angus (CNSC/CCSN); CAROL LAIDLAW

Subject: RE: Severance for parking/boat Iaunching parcel on Bob’s Lake - Campbell & Angus Laidlaw (32110-1) Good Morning Lindsay,

Further to our prior discussions and meeting regarding the creation of a mainland access parcel for Mica Island, please see the attached memorandum & enclosures.

We look forward to hearing from you at your earliest opportunity. Regards,

David Munday -

T - @7@7 3 y ** 7 3 @-* IOI* 0%

- **

David C. Munday Partner

Cunni?ngham, Swan, Carly, Little & Bonham LLP T 613.546.8091 F 613.542.9814

Suite 300 - 27 Princess Street, Kingston ON K7L 1A3 Visit our website at www.cswan.com

communication in this manner, please advise our offices by retiirn mail immediately. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify our office by return mail immediately and then delete the transmission from your system.

Page 126 of 170

MEMORANDUM TO:

LINDSAY MILLS, TOWNHSIP OF SOUTH FRONTENAC

COPY TO: CAMPBELL LAIDLAW & ANGUS LAIDLAW FROM:

DAVID MUNDAY

DATE:

APRIL 11, 2018

RE:

CREATION/SEVERANCE OF MAINLAND PARKING PARCEL

FILENO.: 32110-1

Dear Mr. Mills,

Thank you for speaking with me at Iength February 23. The purpose of this memorandum is to clarify our discussion and the proposal that will be forthcoming from Campbell and Angus Laidlaw to ensure everyone is proceeding on the same understanding. As discussed with you initially at the end of 201 7, we have been retained by Campbell & Angus Laidlaw (the “Laidlaws?), two brothers who each own one half (1 /2) of Mica Island in Bob"s Lake

(GIS image attached).

The Laidlaws’ island properties both contain existing cottages that were builtin 1907 and 1982 respectively and pre-date the current zoning requirement of having deeded mainland access. These are ?water access only? properties. The existing mainland access situation for the Laidlaws has depended upon having friendly relations with a mainland prope% owner who has permitted them to park and Iaunch boats via a temporary licence agreement that was renewed annually. This access arrangement is obviously less than ideal given its tenuous nature and the Laidlaws have therefore sought options to secure permanent mainland parking & access. To that end, the Laidlaws have entered an agreement with Mr. Trevor Tucker, the owner of mainland property to buy an approximately 1 .2 acre parcel of land (described as Parts 1- 4 on the attached Plan), subject to obtaining planning approvals from the municipality. As discussed, the lands in question are almost naturally severed and are connected only by a very narrow land

Page 127 of 170

bridge in any case (i.e. to anyone viewing the property, it would appear that it is already separate).

The owner of the lands is agreeable to selling the parcel to the Laidlaws, but is notin a position to grant an easement, as he has been advised by his insurer that doing so will vitiate coverage under his insurance policy. Further to ou r telephone conversation and prior meeting at our offices to review the proposal, it is the position of the Laidlaws that a severance of the aforementioned lands for the purposes of an “island parking/access” parcel conforms with the Township"s Official Plan and can be supported, provided the lands are concurrently rezoned to a site specific zoning that precludes any future/potential basis for residential development at any point in the future. As discussed with you, in our view, OP policy 5.7.7(iiiXd) supports the creation of the proposed lot, which will be exclusively for the use of parking/docking facilities only. The proposal will regularize the access regime for these existing island properties in the manner outlined by the Official Plan. We also note that there is precedent for this type of application in the Township. To that end, the Laidlaws are prepared to proceed as follows: *

To submit an application for rezoning the proposed parcel to permit parking & docking only; Subsequent to confirmation the zoning has been approved, to submit a Consent Application to sever the parcel; As a condition of Severance Approval to enter into a Site Plan Agreement with the Township to be registered against both the island properties and the severed parcel, further reinforcing the nature of the property"s use; As a further assurance, the Laidlaws will undertake to enter a Restrictive Covenant to be

registered on title to the island properties that confirms neither party’s interest in the island property can be transferred independently of the interestin the parking/docking parcel.

Prior to submitting all of the fo:;.egoing applications and incurring significant costs, the Laidlaws are seeking confirmation that planning staff at the municipality are supportive of the proposal and will recommend approval if/when the matter goes before Council and/or the Committee of Adjustment. We trust everything is clear, however if you have any q uestions, please contact the undersigned. Sincerely,

David C. Munday

Page 128 of 170

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-24-

PSW or to Bobs Lake. The propos’ffl will not have any itnpact upoa:i the wetland or fisb habitat given the following:

Site Plan Control cem be imilemented to ensure that the parking area is 5et back from the wetland fringe a mi?um distance of at least 30 metres. *

Site Plmi Control eoid also be used to ensure that the 30 metre bder next 10 the

lake arid wetland fi’inge beyond tl’ie arca of the proposed doclc temain undisturbed.

art

prevent any potential interference with eitber pilce or bass spawning. A two-stage dock is required; the first section being an elevated dock to get Above the plant community (either a pedestal dock on posts or a Fendoc& style) and the first section being hinged to the secorid stage floating dock along side to which boats may ‘be moored. The fist section is to be of sufficient lerigth to extend beyond the cattail fringe. ?[he total area of the dock should not iexceed 300 ft2. The decking for both stage l and stage 2 of the dock ?Toe oonstmcted with presstire treated wood; treated lumber may contain compounds that can be reJeased into the water and become toxic to the aquatic en’uironment, cedar as

In-water coia,struction-cannot occxir betwcen Marc?i 15’h and July 15’h in order to

preferred. I

If treated lumber is to be used for dock structures above water, it should be envirorimentaLty-frieindly (see def5nition below).Cut, seal and stain all lumber

away fxom the water using only environmentally-friendly stairis. All seThed and stained lumber should be completely dry before being ?ised near water. Ensure plastic barrel floats are free of chemicals inside ana outside of tbe barrel before fl’iey are placed in water.

There 3s amp2e opportunity to gain access to the dock from The parking area without the removal of any mature trees. Access to the dock from this location can be achieved with little :0r no impact on the Mitchel Creek Wetland plant community or the uplnnd plant cormnunjty.

During construction of the parking area appropriate measures should be taken to ensuxe sediment is not eroded from the site (see DFO control measures above.

‘)l"l,(pe ? 7D .> §(t..ti?’eJ-, j’? s t vi

0]YrARlo LAKF, ASSm

Page 130 of 170

El6/27/2BlEl 13:37

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Seetion 5.2.7 (p.l9) Q,?n’s;.4romnetttarly Sensitive Areas) (b) (Poltcies for ])eve(opinent and Site Alte4tiozisAdjacent !o Lakcs n-nd Rivers) 5.2.7 (1.>%i)‘All lands witbitx 90 metres of the high water nzark of aU lakes nnd rivers vvhich are not desiguated EP are included as Enviromneutal)y Sensitjve Areas’ and 5.2.7 (b)(ii) 4) Development and /or site alterations yiroposed witbin 30 metres of tbe high svater mark will requirt’i stu Ea.nrirnnmental [mpaet As,qessment …. whicb

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evaluates the potential negative impacts 01) fish babilat,

Ti;ie poteutial for impacts 011 fisb habitat nre riddressed and initigative measures are includerl a.g recommended by the Department of Fisheries and Oceans S) Sectton 5.2.11 (p.24) (EmirormrehtalJmpac:tAssesstneyi0 This section addresscs any dcveloptuent or site rilteration vvitliin or adjacent to any Environmentally Sensitive 4rea, Provincially Siziiificaizt Wet?and. ….,, or within 300 metres of a sensitive lake trout lake, Council in consultation with the Conservation Authoxity, w’ill require a pre([mintgy Enyi42?i?tal Irrtpgct ,-lssepsmeti{ (PEIA). Should the nnunicipality deteruiine frono the results of the lirelitninar;y assesstnent that a more detaUed Environmental fmpact Assessment (E][A) is required, it shaJl be prepared by a qualifiet) tiirlividual -snd shall corisist of the elements of Section 5.2.11 (a), (b), (c), (d), (e), and (f) of the OP. The completion of this EIA according to ibe above satisfies this section of the

am M

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OP. Both fish habitat and PS.W issues are addressed.

Section 5.7,7 Limited Service Residcntial Policies 5.’l.7 (iii) (p,52) Water Access Leits … …, limited service reside’ntial development shall be permitted on ‘q)ater mccess only lots provmding: d) .,.. ,, the owner of the wafer access lat

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djmopmirmtes to the satisfaction of Council that Iand and mooring facilities on

l: the mainland are available to permit parJng of automobiles flttd7or the storage or dockThz of boats mid boat trailers etc. associated witlx use of the water accesg l,ot, in this-ivay ensurjng tninimal disruption to residents on the mainland, Such

) . facilities shall be osvned or licd in perpetuity to the water access only lot and be l , ?zone,d rona parking and docking facilitjes onty.

’ ?jh3s applicat.ion for an easemerit seeks to meet tbe above requirement in the OP. ery e,[foxt has been made to address the following sections of 4he

?Ccinprcpensive Zoning By-Lnw 2003 - 75:

,.-tio building or strucLure i+wi ,,.. shall be located : 1. within a

4ifftanct of 30 mebes (98,4’) hotizonlal of the high water mark zi/ ‘rbody….. . Additioiial setbacks of rip to a maximunx of 90 metres

j>) hoiizotttal may be requIred ..,…

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ONTARIO LAKE AS53ESSMENTS

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ila FJ'!'$ k';A'a'l':Q' azj?2 ,"..ifi;;ffiis!is f'!! '!J lall Photo ra >ls 14 Se tember 27, 2006 Dock site duxiri J low wate.r erio, d l'i. j,'; icy: l!?'l 'l,$,il.77pJ ? %i jQ,3iJqJ,:§ m 14, &' #-' k. 'yzx: .'Y+ . ':ily , 1, ! l'%':t*?'l . '.zl!Jw o f j:" ,.1 :ii{,. ;,, Ifl !1? € ti W. i % ?y /, l:' l l' I? 'u. ." i'Th k', f; t.. ,! v l!ii "li I l( Ij >j :; -s=;rias=;,.=ia l"??'::t-" :'#,'4"'J?!'l ?" <'.:'J?7';" A' j '-!!=??'-='-1 :{.-l '1? IIJ 4 u :! i. .1 l,".i '5:' ?' :!"W!AX @'v'J%? ). !l a'-l" 1 . 4 !.. 1Y..?;z?i d is %;i ,s? -:l? 'l.'aa .r:i :!I}l' .;,. i#, j', ?.l ?M? *%? l.lp %' ! i?: '11. ?l. ?6i n A ?1."14 I?? ?l 0 !y '=%'W m l m ??@h!' l... i? Photograph 15 September 27, 2006 Dock sitc at low water period. ONTARIO LAKE A5iS: Page 132 of 170 OEi/27/2018 01 -17- # 'l fml?t'im l:d it I. aj'? ,',> 'ii% [] W s? l ?yyv:. E . . ;11 1. } , 'la 4A 111 * € * :l isy'a'.ii a r.'."%?'S'lWXn .1! ? #'I {a!Pa!'F n u / 11 'i 'l "i:;I? ?l.' 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A I: ?* J 8 ir :t' 11 l m U :%l ' m 4k m l lsk l -' l .11 %: l :Y l' tr m '!:'j l ll il art l r q l ONTAR[O LAKE ASSE'SSJ'!)[ENTS Page 133 of 170 13:37 E)6/27/2618 PAGE 00El86 €i -15- € .(, 17 l -Th '?'*, W .=, i d"' .1 l! it, I W 1 2i ,?:::p @, 'i'l:: "i: V? a l*-? lal ": )f *aa"(1X"7?(A':'Mary.j'o {bl a !m ',d m .?A ;=-<,#aE'=-7QJ +,,5i l'l' lj -a * :i;='=A'='p P!'HM!, l a.l r:"'.' (+.'l. ',+l,jl .AtJ 51'l,'. 16', > :i ? '4 V..'.. .i:t"-?l'j'0e,;. !L'fi' I ?:??' "!?' " ':*??"'F-': ;Z?";?:J"i;,":>;7<%:?r!'il H, ;.M '4 F. 14??'.',;',4::4?' j.?;,qlil"X;/ l,.,'.;;' N ,iJ[l,l.QH,,lol '.. ?!' .J? % bI ?*' i .*? qi- 1% 1.;i.i :,'@z,;/, ' i:'.i',",'41.lr 'r?-i',;'l',%:s!4'J, , .%!. 'i o ?" ;'3i' (i" ;?x's: .=-??='= (,?:$')f l"?J!?"? . ;>},".i;9'l??='t'lA',7 ":.1','lf l,"xa':'!':a:?'ala4.l'a !'41 :l 0 in .-l: :VJffl.'gl 1l ) - a 11. . [1 [?2/11 Plio(ograpb 4 - Apru 21, 2006 - Ca(jfflil lriuge ;alooB *vest slt!e of bay; $c I Flsh Hglffta( for pike. l a4 m S, l? 4? u Ml'm?=l? ?'i' ?": W Tl '?PM I ',' %f",%a 'i ?,.j?14fr: 'li '/ i' %'%-lp * ' l !'iS?la!'k P'-i l?.. :r "? m l?.. ffl( s?a:4-Vl,?'-4 ,a'(:'?iW fA' Psi5,4'71:?5iaj!:. W@' ?r?, ;,4 %l=l,%l?'Qk,!4aa,;11;'4-'(!; * ,.1) , -.V ,,I,a 'l , 8,;:,' l '-l i.*l W 'i 5.? rSil %iiiv l l! il li ),i i ?Th iffi '-II .. '4:: l! 'i g Photograph fi Apr4 21, 2006 - Icilaud from the ioa6; the wetlaod is domma(ed by cattaUs atid ig I l Type 1 pike spawnjiig habi€at, - OFlTrA3RxO LA[ ,4SSESSMENTS Page 134 of 170 17/17 PAGE 00000 06/27/2018 13:d3 -?3- q An elevated dock is requir4d to be atove the aquatic plant cotnrnunity to El distance offshore to reacb a water dept§ suitable to dock a boat. Tbe elevated portion oT the dock may exceed 6 me'ues (20 feet) in lengtb. The floatixig portiori of the dock is to be a size Uhat achieves stability while m the same titne keeping the surface axea as mall as possible. i The suggested size is 2.5 m x 5.0 m (8' x 1 6'). 7 =I J The fouowing photo(2,rapbs were rccorded on tbree different datcs, April 2]", August 2"d photol and Septemberr27, 27V, 2006. The intent here is to characterize the shoreline during three OI seasons and during high and IOW mtet levels. h ordcr to easure that all issues or corxcerns are adbssed in this EIA, a site visit was conducted with Matt Craig of the RVCA on August 2, 2006. His comments and direction are included in the recommendations. r'l'l " 'il 0? t li 7-lr"'? "l tn ?!,.1..7 4,da{.1:ffi .J '- 1%,'s? :ffl5'!:'!"!?3"'%,.?j:?!'== z, Th ll?]. Ir ;L ll !J l,'11 '&; ?l :l ,..+ } {'f 'i.'Jjx:.?' :l l':" 1! } t+c:'-l '3)' ,l 0 '4?'.'i i 'tr 4i l I i)E,7!%.ly2f'@, ' Page 135 of 170 PAGE ElaOE)[1 66/27/2EllB 13:43 I ) 15.!17 -11- 28 Concession 7, Township oJ 8cihth Frontenac, Bcaford District. The property is I i indica(ed on thc map and (he l:':50,000 topoBraphical tnap (Tichbourne 31/C?O') above and the aerial phoitog'raph (beloi). Tlie propcrty is zoned limited service residential wateriront overalu arxd Environn'ierital Protection (EP) as it pextams to tlsc nearshore wetland fringe. I I Bobs Lake is a basin tri (be Ride,affi River Watershed and is located on the Frontenac Axis portiori of the Precarritrian Shield, W ' t rF?R"!? r 11 gl li43 't =%?Wa!Th * mmm- Norlbern lo} }ine '/ [? Parklng Arem :-)' 9Doc.k l'f l('! :";ax?', a-'; -'.,'.!a':-'?a:k"??l!l f , I!., l :'iQ; L%! k *w* fffi*aa ];22' Ir l? !1'. i. J, lN9 J! l W, -4-oaG', 9:'l s li' 'm 11 i' .,.1 =l j '< l ?; 'I thJ# r'i ,I,:r76r, 11},:0:0? : 'fl n 'V ,il ','i l l' t?,i1} lWi l ,?y,;%t4s' l -r. , ,y; 4: 9 l ..H- .% 2?6" '.'Jl 'l -4 ,K<, -I 7'(?l'll;:?iZ?;.'.'U?0("?q,,,I,?'a. 'p01J?%: -,':-:.? 'ff "W '.'B :i;s??::;*ls," lkl,R@?;l;4'::?:xl, i,i.lila.?...,il 'el x?} liJ,.. ?l' 'ffl % ?ll"Ut6!Ji l? iqrwlsi i? I '1, 'O?7'T';'t? *i-:;b'%!:'l? Th ThY'..l ? ar' oilA!11 e '-a3,2%l' !'!X{t$) ia.?s: it Wa p;,,:?r.a A .1H; nfl l }fn "?i % !M m l .:gJ :'ga R 1. l'5 :*1 .'% k0. '24's' i41ul 11 :?I }l .-l "'q '*l Th' 5.O DF,SCRNpTuoN O?F EXJ[S"N'U%JG PAXRCEL: arhis propergr fronts on Bobs Lalce at a site that includes a portion of the Provincially Significant Wetlarid that anclludes al& of the shoreliiie froiitirrg the property. Along the subject shore[ine the weUlarad is lacustrine, wi(h submergent, floaUn@ leaved and eraaergent plan( comxnuin'ffles and extends owshore to incJude tile e.ntwc bag to a depth Of two rgetB5, Soil on the ptope*y are deep re!ative to depfns typical of Pxccambrian Shield areas. There are prqrltxc,tffive farms localiy in tNs area. It is well treed with a mixed deciduous €ore,st contaiaing aae& ce4az (.][unipreline in l:rom oW iihis propert'>r is designated as I)rovincially SiBriificant Wetland -i? ch is z,ox>eA EP in the Comprelicnsive Zoaing By-La'w (Sc,h.eciuie D). The uplaixd Page 141 of 170 %/27/2018 13:43 00E)E)El l PAGE 03/17 -l TAl3LE OF CONTENTS 1.O NfRODUCTioN & BACKGROUND 1 2.O El!i'VlRONMENTAL CONCERNS 2 2.! Proviticially Significant Vetland designation 2.2 Fish Habitat Concerwhs 2 2 2.2j Department of TFisberffies aud Oceans Ontanio Operational Statement 2.2,2 Measures €o Protect Fiqb aiua F!s% Habi#at When Euilding a Doek 2.2-3 AdditionaJ Doek Constructjoa Informatjon 4 2.2,4 Road Culvert 6 2.3 Bobs Lake I 4 6 7 3.0? S}TE EVALUATION APPROACH 7 4.O LOCATION 9 5.O DESCRIPTION OF EXISTTNG PARCEL u 6.O THE PROFOSAL 12 7.O TX'fi)F. }>ROPGSAL & REQUU:'F.M!ENTS OF THE OP 20 8.O SU?'vlAiARY AND RECO>[MENj)AT?IONS 23 J l Qa 4Q':Ml'r's' N'C?] hZ*+s*':Zb-QThTt l-s'r'!f?"b"4' l%'('f"o Page 142 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: September 4, 2018 Application No: Owner: Location of Property: S-77-18-P Steve and Patricia Lafontaine Concession 12, Part Lot 7, 4358 Desert Lake Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create one new residential lot, together with a right-of-way Date of Hearing: September 13, 2018 Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-77-18-P for the creation of one new residential lot, together with a right-of-way Proposal An application for consent has been received for the creation of one new residential lot, together with a right-of-way, from an existing property at Part Lot 12, Concession 7, District of Portland, known municipally as 4358 Desert Lake Road (see attached map). The existing lot has frontage on Desert Lake Road and Howes Lake and is approximately 19 acres in area. The subject property is currently developed with a dwelling and multiple accessory buildings in proximity to Desert Lake Road, with the remainder a mix of woodlands and some pasturelands. The applicant is proposing to sever a minimum of 2 acres from the existing 19 acre property in order to create one new rural residential lot. The subject property includes Woods Lane, a private road, which serves as access to eight waterfront cottage properties. S-77-18-P Consent application S-77-18-P is for the creation of a rural residential lot. The proposed new lot would have 76 metres of frontage along Desert Lake Road and would be a minimum of 2 acres in size. The proposed lot would be irregularly shaped due to an existing lot of record, known municipally as 4342 Desert Lake Road, which was severed from the southeast corner of the subject lands. The proposed lot would contain all existing structures. The application S-77-18-P is also for the creation of a right-of-way over Woods Lane in favour of the retained parcel. Retained Lot The retained lands will consist of approximately 17 acres in area with approximately 280 metres of frontage along Desert Lake Road. The retained land will be vacant, but has a sufficiently sized building envelope to permit the construction of a new dwelling, along with required private water and sewage disposal systems. The applicant has indicated they plan to construct a new dwelling with increased proximity to Howes Lake. The retained lands will be accessed via a right-of-way over the existing Woods Lane and will have a Woods Lane municipal address. Page 143 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Planning Analysis Consistent with Provincial Policy Statement, 2014: Yes Current Official Plan Designation: Rural Application conforms with Official Plan, 2003: Yes Current Zoning: Rural Complies with Zoning Bylaw 2003-75: Yes Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development on rural lands in Ontario municipalities and in Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 1.1.4.1 a. speaks to building upon rural character and leveraging rural amenities. The consent application will result in the creation of one new rural residential lot which is already adequately serviced. The proposed lot meets the Township minimum provisions for the creation of a new lot in the rural designation for residential purposes. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Section 3: Protecting Public Health and Safety directs development away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage. No natural or human-made hazards were identified on the subject property or neighbouring property that would impact public health and safety. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Page 144 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Section 4.2: Servicing provides policies for the use of private services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. The proposed lot is already serviced with a private well and sewage disposal system. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. As a rule, the minimum lot sizes are to be 2 acres (0.8 hectares) with 76 metres (250 feet) of frontage along a public road. Further, a maximum of three rural residential severances may be permitted from a lot existing as of the date of adoption of the plan. Lots shall be serviced by private water and sanitary sewage disposal systems. The proposed severed lot meets the minimum lot sizes and frontage, is currently developed with a dwelling, is serviced by private water and septic system and is located along a Township road. Section 7.1 General Consent Policies prevent the creation of any new lot, except limited service residential lots, that do not front onto and gain access from a fully maintained public road and do not permit the creation of new lots 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. Due to the topographical constraints and sightline challenges along this section of Desert Lake Road, along with comments received from the Public Works Department, planning staff are able to support the retained parcel gaining access from Woods Lane via a right-of-way over the proposed lot, despite having frontage on Desert Lake Road. Township of South Frontenac Zoning Bylaw The property is zoned Rural (RU) in the Township of South Frontenac Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agriculture and residential. The proposed new lot will meet the minimum lot area and frontage requirements for a single detached residential. Provisions in the Bylaw regulate the placement of future structures on the severed lot, including yard setbacks and building coverage. Agency Analysis and Comments Public Works Department – Public Works has indicated that an additional entrance from Desert Lake Road to service the retained parcel would not be possible due to topographical constraints and sightline challenges. They recommend accessing the retained parcel via Woods Lane for safety reasons. KFL&A Public Health – In comments provided September 6, 2018 KFL&A Public Health indicated that they had no objection to the severance. Soil conditions on the retained lot will require additional suitable granular soil to construct a sewage disposal system. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependant on the proposal submitted. Public Comments – As of the time of writing, no comments have been received from the public. Page 145 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT A site visit was completed by planning and public works staff, on August 24, 2018, to review the severance application. Conditions 1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the "Notice of Decision" is given [Planning Act, ss. 53(17) and 53(24)]. 2. The land to be severed by Consent Application S-77-18-P shall be for the creation of a minimum 2 acre lot with a minimum of 76 metres of frontage along Desert Lake Road. 3. The land to be retained by Consent Application S-77-18-P shall be approximately 17 acres with a right-of-way over the severed lands to provide access to Woods Lane. 4. The surveyor who prepares the reference plan referred to in Condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 5. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. Page 146 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 6. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-77-18-P, in lieu of parkland [Planning Act, s. 51(1)]. Submitted by: Jennie Kapusta, Community Planner, County of Frontenac Approved by: Frontenac Joe Gallivan, Director of Planning and Economic Development, County of Attachments Map of Lafontaine property. Page 147 of 170 µ HOW A ES L ANE KE L 4310 DESERT LAKE RD Howes Lake LAFONTAINE S-77-18-P 4358 DESERT LAKE RD Legend LAK Lafontaine Property AD Lafontaine Proposed Lot STON ED AM LA NE WOODS LANE ERT DES O ER 950 STORMS LANE S STORM L ANE Page 148 of 170 Ve ro na La ke Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen's Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only. Scale 1:3,700 0 15 30 60 90 120 Meters UTM Projection NAD 83 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: September 7, 2018 Application No: Owner: Location of Property: S-78-18-L Sally Gordon VanLuven Concession 5, Part Lot 7, 2496 Rutledge Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create one new residential waterfront lot together with a rightof-way Date of Hearing: September 13, 2018 Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-78-18-L for the creation of one new residential waterfront lot. Proposal An application for consent has been received for the creation of one new residential waterfront lot, from an existing property at Part Lot 7, Concession 5, District of Loughborough, known municipally as 2496 Rutledge Road (see attached map). The existing lot has frontage on Rutledge Road and Sydenham Lake and is approximately 70 acres in area. The subject property is currently developed with a dwelling and multiple accessory buildings near to Rutledge Road, with the remainder mostly naturally vegetated. The applicant is proposing to sever approximately 5.4 acres from the existing 70 acre property in order to create one new residential waterfront lot, together with a right-of-way over Sheila Lane for access. The subject property includes Sheila Lane, Sally Lane, Boon Lane, Carslake Lane, Fred Lane and Sparrow Ridge Lane, all private roads, which serve as access to more than 20 waterfront cottage properties. S-77-18-P Consent application S-78-18-L is for the creation of a residential waterfront lot. The proposed new lot would have a minimum of 76 metres of frontage along Boon Lane, 91 metres of waterfrontage on Sydenham Lake and would be approximately 5.4 acres in size. The proposed lot would encompass the entire 91 metres of waterfrontage from the subject lands and lot would be vacant. The application S-78-18-L is also for the creation of a right-of-way over Sheila Lane and Boon Lane, as required for access, in favour of the severed parcel. A new entrance from Boon Lane is proposed to accommodate future development on the severed lot. Retained Lot The retained lands will consist of approximately 65 acres in area with approximately 175 metres of frontage along Rutledge Road. The retained lands would include all the existing structures. No further development is proposed for the retained lands. Page 149 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Planning Analysis Consistent with Provincial Policy Statement, 2014: Yes Current Official Plan Designation: Rural Application conforms with Official Plan, 2003: Yes Current Zoning: Rural Complies with Zoning Bylaw 2003-75: Zoning Bylaw Amendment recommended condition Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development on rural lands in Ontario municipalities and in Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 1.1.4.1 a. speaks to building upon rural character and leveraging rural amenities. The consent application would result in the creation of one new residential waterfront lot which can be adequately serviced. The proposed lot would meet the Township minimum provisions for the creation of a new lot in the rural designation for residential purposes. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Section 3: Protecting Public Health and Safety directs development away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage. No natural or human-made hazards were identified on the subject property or neighbouring property that would impact public health and safety. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Page 150 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Section 3.3.3.4 Waterfront Areas contains policies for waterfront development including the goal to improve and protect waterfront areas. Section 4.2: Servicing provides policies for the use of private services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. The application was circulated to KFL&A Public Health to ensure the lot could be adequately serviced; KFL&A Public Health has no objection to the proposed severance. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.7 Limited Service Residential Policies permit development within the Rural area on a body of water or natural water course where the primary means of access is from a private road or navigable waterway. As a rule, the minimum lot sizes are to be 1.0 hectare (2.5 acres) with 76 metres (250 feet) of frontage along a private road and 91 metres (300 feet) of frontage on a waterbody. Further, a maximum of three limited service residential severances may be permitted from a lot existing as of the date of adoption of the plan. Lots shall be serviced by private water and sanitary sewage disposal systems and accessed by either newly created private roads or extensions to existing private roads. The proposed lot exceeds the minimum lot size, meets minimum required frontages, has adequate space for services and would be located on an existing private road. Section 5.7.7 (ii) c) Limited Service Residential Development Policies requires, as a condition of severance approval for all waterfront and non-waterfront limited service residential lots, the owner of the subject property to enter into an agreement with the Township to be registered against title to the lots acknowledging:  The Township does not maintain or repair private roads.  On private roads the Township does not provide municipal services normally associated with public roads.  Owners are responsible for all costs necessary to maintain the private road.  The Township is not responsible for any loss or damage created by the owner’s failure to maintain the private road.  Owners agree to indemnify the Township for any loss or damage. Township of South Frontenac Zoning Bylaw The property is zoned Rural (RU) in the Township of South Frontenac Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agriculture and residential. Provisions in the Bylaw regulate the placement of future structures on the severed lot, including yard setbacks and building coverage. To recognize the private road access and frontage on a waterbody for the proposed new lot, the severed parcel, as a condition of consent, will be required to be rezoned from Rural (RU) to Limited Page 151 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Service Residential Waterfront (RLSW). The proposed new lot would meet the minimum lot area and frontage requirements for a single detached residential development. Agency Analysis and Comments Public Works Department – Comments were not required from Public Works as the proposed lot is located on a private road and will not require approval for a new entrance. KFL&A Public Health – In comments provided September 4, 2018 KFL&A Public Health indicated that they had no objection to the severance. Soil conditions on the retained lot will require additional suitable granular soil to construct a sewage disposal system. Due to limitations the lot will only provide a specific location for the construction of sewage disposal system. The most suitable location for the sewage system is the higher, flatter areas where a minimum of 10 inches of native soil is present over rock. Cataraqui Region Conservation Authority – Comments provided September 5, 2018 CRCA staff indicated they have no objection to approval of the application based on their consideration for natural hazard, natural heritage and water resource policies. Public Comments – As of the time of writing, no comments have been received from the public. Conditions 1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the "Notice of Decision" is given [Planning Act, ss. 53(17) and 53(24)]. 2. The land to be severed by Consent Application S-78-18-L shall be for the creation of a 5.4 +/acre residential waterfront lot with 91 metres of frontage on Sydenham Lake and a minimum of 76 metres of frontage on Boon Lane. 3. The land to be severed by Consent Application S-78-18-L shall be accessed via a right-of-way over the existing Sheila Lane and Boon Lane. This right-of-way shall be surveyed and registered on title of both the severed and retained parcels. 4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-78-18-L, in lieu of parkland [Planning Act, s. 51(1)]. A Letter of Page 152 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Opinion from a qualified real estate professional on the land value of the parcel to be severed shall accompany the parkland payment. 7. Prior to the stamping of the deeds for the land to be severed by Consent Application S-78-18L, the applicant shall rezone the severed parcel from Rural (RU) to Limited Service Residential Waterfront (RLSW). Please contact the Township Planning Department to begin this process. 8. The applicant shall enter into a Development Agreement to be registered on title of the severed parcel, which addresses the Townships environmental policies and recognizes the limited services on private lanes. Submitted by: Jennie Kapusta, Community Planner, County of Frontenac Approved by: Frontenac Joe Gallivan, Director of Planning and Economic Development, County of Attachments Map of VanLuven property. Page 153 of 170 µ BEDFORD ROAD ER ROAD CLEARWAT Sydenham Lake VanLuven and Laframboise S-78-18-L BO O N LA NE CA LA RS KE LA NE Legend VanLuvenLafram... Property VanLuvenLafram... Proposed Lot 1153 RETREAT LANE SAL LY L ANE Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen's Printer for Ontario, 2015. FRED LANE SHEILA LANE RETREAT LANE Page 154 of 170 SLUMBER LANE 2496 RUTLEDGE RD While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only. Scale 1:5,000 0 25 50 100 150 UTM Projection NAD 83 200 Meters REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: September 7, 2018 Application No: Owner: Location of Property: S-79-18-L Roland Clark, Stephen Clark, Emmett Williams, Leann Clark Concession 4, Part Lot 3, 2901 Campbell Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create one new rural residential lot Date of Hearing: September 13, 2018 Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-78-18-L for the creation of one new rural residential lot. Proposal An application for consent has been received for the creation of one new rural residential lot, from an existing property at Part Lot 4, Concession 3, District of Loughborough, known municipally as 2901 Campbell Road (see attached map). The existing lot has frontage on Campbell Road and Stagecoach Road and is approximately 119 acres in area. The subject property is currently developed with a dwelling and multiple accessory buildings, with the remainder mostly pastureland. The applicant is proposing to sever approximately 15 acres from the existing 119 acre property in order to create one new rural residential lot. S-78-18-L Consent application S-78-18-L is for the creation of a rural residential lot. The proposed new lot would have approximately 274 metres of frontage along Campbell Road and would be approximately 15 acres in size. The proposed lot is currently vacant. A new entrance from Campbell Road is proposed to accommodate future development on the severed lot. Retained Lot The retained lands will consist of approximately 94 acres in area with approximately 323 metres of frontage along Campbell Road and 677 metres of frontage along Stagecoach Road. The retained lands would include all the existing structures. No further development is proposed for the retained lands. Planning Analysis Consistent with Provincial Policy Statement, 2014: Yes Current Official Plan Designation: Rural Application conforms with Official Plan, 2003: Yes Current Zoning: Rural Complies with Zoning Bylaw 2003-75: Yes Page 155 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development on rural lands in Ontario municipalities and in Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 1.1.4.1 a. speaks to building upon rural character and leveraging rural amenities. This consent application would result in the creation of one new rural residential lot which can be adequately serviced. The proposed lot would exceed the Township minimum provisions for the creation of a new lot in the rural designation for residential purposes. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Section 3: Protecting Public Health and Safety directs development away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage. No natural or human-made hazards were identified on the subject property or neighbouring property that would impact public health and safety. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Section 4.2: Servicing provides policies for the use of private services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. The application was circulated to KFL&A Public Health to ensure the lot could be adequately serviced; KFL&A Public Health has no objection to the proposed severance. Page 156 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. As a rule, the minimum lot sizes are to be 2 acres (0.8 hectares) with 76 metres (250 feet) of frontage along a public road. Further, a maximum of three rural residential severances may be permitted from a lot existing as of the date of adoption of the plan. Lots shall be serviced by private water and sanitary sewage disposal systems. The proposed severed lot exceeds the minimum lot size and frontage and is located along a Township road. Township of South Frontenac Zoning Bylaw The property is zoned Rural (R) in the Township of South Frontenac Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agriculture and residential. The proposed new lot will meet the minimum lot area and frontage requirements for a single detached residential uses in addition to rural uses including a hobby farm. Provisions in the Bylaw regulate the placement of future structures on the severed lot, including yard setbacks and building coverage. Agency Analysis and Comments Public Works Department – Public Works has no objection to approving an entrance permit for the proposed lot. KFL&A Public Health – In comments provided September 5, 2018 KFL&A Public Health indicated that they had no objection to the severance. Soil conditions on the retained lot will require additional suitable granular soil to construct a sewage disposal system. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependant on the proposal submitted. Public Comments – As of the time of writing, no comments have been received from the public. Conditions 1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the "Notice of Decision" is given [Planning Act, ss. 53(17) and 53(24)]. 2. The land to be severed by Consent Application S-79-18-L shall be for the creation of a 15 +/acre rural residential lot with approximately 274 metres of frontage on Campbell Road. 3. The surveyor who prepares the reference plan referred to in Condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is Page 157 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-79-18-L, in lieu of parkland [Planning Act, s. 51(1)]. A Letter of Opinion from a qualified real estate professional on the land value of the parcel to be severed shall accompany the parkland payment. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-79-18-L. Submitted by: Jennie Kapusta, Community Planner, County of Frontenac Approved by: Frontenac Joe Gallivan, Director of Planning and Economic Development, County of Attachments Page 158 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Map of Clark property. Page 159 of 170 µ 2901 CAMPBELL RD CAMPBELL ROAD Clark S-79-18-L 2869 RUTLEDGE RD Legend Clark Property Clark Proposed Lot STAGE COACH ROAD COUNTRY WOODS DRIVE 2901 CAMPBELL RD Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen's Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only. Page 160 of 170 Scale 1:5,000 LAMBERT ROAD 0 25 50 100 150 UTM Projection NAD 83 200 Meters µ Sydenham Lake VanLuven and Simpson S-81-18-L Legend BOON L ANE C E LAK ARS 10 80 L AN E KE A SL R A C E N A L VanLuven Property VanLuven Proposed Severance Simpson Benefitting Property 1194 SHEILA LANE Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen's Printer for Ontario, 2015. R SHEILA LANE ET R EA T Page 161 of 170 LA N E 2496 RUTLEDGE RD While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only. Scale 1:3,000 0 15 30 60 90 UTM Projection NAD 83 120 Meters REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: September 7, 2018 Application No: Owner: Location of Property: S-81-18-L Sally VanLuven Concession 4, Part Lot 3, 2901 Campbell Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition, together with a right-of-way Date of Hearing: September 13, 2018 Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-81-18-L for the creation of a lot addition. Proposal An application for consent has been received for the creation of a lot addition, from an existing property at Part Lot 7, Concession 5, District of Loughborough, known municipally as 2496 Rutledge Road (see attached map). The subject property has frontage on Rutledge Road and Sydenham Lake and is approximately 70 acres in area. The subject property is currently developed with a dwelling and multiple accessory buildings near to Rutledge Road, with the remainder mostly naturally vegetated. The applicant is proposing to sever approximately 3.2 +/- acres from the existing 70 acre property in order to create a lot addition, together with a right-of-way over Sheila Lane and Carslake Lane for access. The subject property includes Sheila Lane, Sally Lane, Boon Lane, Carslake Lane, Fred Lane and Sparrow Ridge Lane, all private roads, which serve as access to more than 20 waterfront cottage properties. S-78-18-L Severed Parcel (Lot Addition) The proposed lot addition parcel would has approximately 164 metres of frontage along Carslake Lane and would be approximately 3.2 acres in size. The proposed lot addition has no frontage on Sydenham Lake and is currently vacant. The lot addition parcel would have to be rezoned from Rural (RU) to Limited Service Residential Waterfront (RLSW) as a condition of provisional consent. Retained Parcel The retained lands will consist of approximately 65 acres in area with approximately 175 metres of frontage along Rutledge Road. The retained lands would include all the existing structures. No further development is proposed for the retained lands. Benefitting Lands The benefitting lands, known municipally as 1080 Carslake Lane, are located to the northeast of the subject property, are approximately 1.3 acres in size and have frontage on Sydenham Lake. The intention of the lot addition is to increase the size of an existing undersized waterfront lot. The lot is currently developed with a dwelling and multiple accessory buildings. Page 162 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Planning Analysis Consistent with Provincial Policy Statement, 2014: Yes Current Official Plan Designation: Rural Application conforms with Official Plan, 2003: Yes Current Zoning: Rural Complies with Zoning Bylaw 2003-75: Zoning Bylaw Amendment recommended condition Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development on rural lands in Ontario municipalities and in Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. No natural heritage features were identified that warranted review of the Conservation Authority. Section 3: Protecting Public Health and Safety directs development away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage. No natural or human-made hazards were identified on the subject property or neighbouring property that would impact public health and safety. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Section 4.2: Servicing provides policies for the use of private services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. Page 163 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT The proposed consent conforms to the County of Frontenac Official Plan, 2016. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. As a rule, the minimum lot sizes are to be 2 acres (0.8 hectares) with 76 metres (250 feet) of frontage along a public road. Further, a maximum of three rural residential severances may be permitted from a lot existing as of the date of adoption of the plan. Lots shall be serviced by private water and sanitary sewage disposal systems. The proposed lot addition will not affect the rural character of the retained lands. Section 5.7.7 Limited Service Residential Policies permit development within the Rural area on a body of water or natural water course where the primary means of access is from a private road or navigable waterway. As a rule, the minimum lot sizes are to be 1.0 hectare (2.5 acres) with 76 metres (250 feet) of frontage along a private road and 91 metres (300 feet) of frontage on a waterbody. Further, a maximum of three limited service residential severances may be permitted from a lot existing as of the date of adoption of the plan. Lots shall be serviced by private water and sanitary sewage disposal systems and accessed by either newly created private roads or extensions to existing private roads. The proposed lot addition parcel will increase the size of an existing undersized lot of record. Township of South Frontenac Zoning Bylaw The subject property is zoned Rural (R) in the Township of South Frontenac Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agriculture and residential. Provisions in the Bylaw regulate the placement of future structures on the retained lands, including yard setbacks and building coverage. The retained lot will continue to exceed the minimum frontage and area requirements of the Rural zone. The benefitting lands are zoned Limited Service Residential Waterfront (RLSW) in the Township of South Frontenac Zoning Bylaw and are currently deficient in both frontage and area. The proposed lot addition parcel will increase the size of the existing lot to approximately 4.5 acres, which exceeds the minimum area requirements and bring the lot into greater conformity with the bylaw. Agency Analysis and Comments Public Comments – As of the time of writing, no comments have been received from the public. Conditions 1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the "Notice of Decision" is given [Planning Act, ss. 53(17) and 53(24)]. Page 164 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 2. The land to be severed by Consent Application S-81-18-L shall be for the creation of a 3.2 +/acre lot addition only to 1080 Carslake Lane (PIN 362790629). 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive $100, in lieu of parkland [Planning Act, s. 51(1)]. 6. Prior to the stamping of the deeds the applicant shall rezone the lot addition parcel from Rural (RU) to Limited Service Residential Waterfront (RLSW). Please see the Township’s planning department to begin this process. Submitted by: Jennie Kapusta, Community Planner, County of Frontenac Approved by: Frontenac Joe Gallivan, Director of Planning and Economic Development, County of Attachments Map of subject property. Page 165 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: September 11, 2018 Application No: Owner: Location of Property: S-82-18-S Desrochers Part Lot 13 and 14, Concession 10, Geographic Township of Storrington, Township of South Frontenac. Purpose of Application: Consent to create one new lot to be conveyed to the Nature Conservancy of Canada as part of the Loughborough Wilderness Conservation Lands Date of Hearing: September 13, 2018 Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-82-18-S for the creation of one new lot to be conveyed to the Nature Conservancy of Canada as part of the Loughborough Wilderness Conservation Lands Proposal An application for consent has been received for the creation of one new lot from an existing property at Part Lot 13 and 14, Concession 10, Geographic Township of Storrington, Township of South Frontenac. The existing lot has frontage along Ramparts Road and Battersea Road. The lot is developed with two small agricultural buildings. The proposal is to sever approximately 75 acres of land with 345 metres of frontage along Ramparts Road and convey these lands to the Nature Conservancy of Canada for conservation of the existing area. The retained lands will be approximately 88 acres in area with 165 metres of frontage along Battersea Road. Background The applicant previously applied for a lot addition to facilitate the transfer of the lands to a neighbouring property and convey 75 acres of land to the Nature Conservancy of Canada under Consent Application S-11-17-S. Due to an error in the order of the stamping of the deeds and timelines for provisional consent the applicant was unable to fulfill the conditions in the required time. As such, the applicant has re-applied for a consent application; this time, the applicant is for a severance because the parcel of land that is the benefitting lands has been merged to a neighbouring property. Planning Analysis Consistent with Provincial Policy Statement, 2014: Yes Current Official Plan Designation: Rural Application conforms with Official Plan, 2003: Yes Current Zoning: Rural Complies with Zoning Bylaw 2003-75: Yes Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.5.2 of the PPS permits limited residential development on rural lands in Ontario municipalities and in Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. Section 1.1.4.1 a. speaks to building upon rural character and leveraging rural amenities. The Page 166 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT consent application will result in the creation of one new lot that will be conveyed to the Nature Conservancy of Canada as part of the Loughborough Wilderness conservation lands. The application will not result in a new lot suitable for development. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. The proposed lot will be conveyed to the Nature Conservancy of Canada to protect the natural heritage features. Section 3: Protecting Public Health and Safety directs development away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage. No natural or human-made hazards were identified on the subject property or neighbouring property that would impact public health and safety. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 7: Environmental Sustainability identifies significant natural areas that need to be protected and managed to form a basis for future land use decisions. A level of protection for the environment is required under Provincial policy to ensure development is sustainable to ensure a healthy and high quality of life for existing and future residents of the County. The section sets out policies that are intended to help ensure that the environment that is so valued by residents in Frontenac County can be maintained and enhanced for future generations, and the health of humans and of the environment is protected. Conveyance of the lands to the Nature Conservancy of Canada meets these objectives. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7 stated that the predominant use of land in the Rural designate shall be for agricultural, aquaculture, open space, conservation, limited service residential, recreational, community facility and rurally oriented non-farm residential and other commercial and industrial uses. The proposal is to create a new lot to be conveyed to the Nature Conservancy of Canada as part of the Loughborough Wilderness Conservation Lands. Included as an attachment to this report is a letter from Mr. Gary Bell the Program Director – Eastern Ontario for the Nature Conservancy of Canada confirming the intent to purchase the land. Section 5.7.4 Rural Residential Policies limits the number of residential lots that can be created through severance. It is important to note that no additional lands are being created for rural residential beyond the current lot; the proposed severed lot is not being created for residential purposes. Further, no additional development is proposed beyond the consent application previously granted provisional consent. Township of South Frontenac Zoning Bylaw The property is zoned Rural (R) in the Township of South Frontenac Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agriculture and conservation. The proposed new lot will exceed the minimum lot area and frontage requirements for the conservation lands; the retained lot will meet the provisions for agricultural uses. Agency Analysis and Comments Public Comments – As of the time of writing, no comments have been received from the public. Nature Conservancy of Canada – Attached to this report is email correspondence provided by Mr. Gary Bell from the Nature Conservancy of Canada stating that the intent of the lands are for conservation as part of the Loughborough Wilderness lands. Conditions Page 167 of 170 REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the "Notice of Decision" is given [Planning Act, ss. 53(17) and 53(24)]. 2. The land to be severed by Consent Application S-82-18-S shall be approximately 75 acres in area for the purposes of conservation. 3. The surveyor who prepares the reference plan referred to in Condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. Submitted/approved by: Megan Rueckwald, Manager of Community Planning, County of Frontenac Attachments Email correspondence from the Nature Conservancy of Canada. Page 168 of 170 Megan Rueckwald From: Sent: To: Subject: Gary Bell September 10, 2018 2:35 PM Megan Rueckwald Desrochers severance Dear Ms. Rueckwald, I received this afternoon the notice of application by George Desrochers (File S-82-18-S) for a severance of approximately 75 acres (the survey actually puts it at 78.5 acres) of property, part of Lot 13 and 14, Concession 10, Geographic Township of Storrington. I wanted to confirm that it is the intent of the Nature Conservancy of Canada (NCC) to purchase this property from Mr. Desrochers and add the land to our protected conservation lands called, “the Loughborough Wilderness”. When acquired the lands will be retained and managed for nature in perpetuity according to the mission and article of incorporation of NCC. If you have any questions about the purchase or the future disposition of the land please don’t hesitate to contact me. Best regards, Gary Bell Gary P Bell Program Director - Eastern Ontario Nature Conservancy of Canada | Ontario Region 605 Berwick Avenue Town of Mount Royal, Quebec H3R 2A1 +1 (613) 862-3331 gary.bell@natureconservancy.ca | www.natureconservancy.ca 1 Page 169 of 170 µ FREEDMAN MV-18-18-B Legend Freedman Property Buck Lake Original Cottage New Cottage Existing Cottage to be Converted Deck Newly Constructed Cottage Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen's Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only. Page 170 of 170 Scale 1:500 0 2.5 5 10 15 UTM Projection NAD 83 20 Meters

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