Committee of Adjustment

TOWN OF GREATER NAPANEE COMMITTEE OF ADJUSTMENT

A G E N D A

NOVEMBER 27, 2018 at 6:45 p.m. Council Chambers, Town Hall - 124 John St., Napanee

Page

1. CALL TO ORDER

2. ADOPTION OF AGENDA

2.1 Adopt Agenda Recommendation: That the Agenda of the Committee of Adjustment dated November 27, 2018 be adopted as presented.

3. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF

4. ADOPTION OF MINUTES

5 - 8 4.1 Committee of Adjustment - November 13, 2018 Recommendation: That the minutes of the Committee of Adjustment dated November 13, 2018 be received and adopted.

5. LAND SEVERANCE APPLICATIONS

9 - 27 5.1 Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County Road 9 Legal Description - CON 5 PT LOT 14 Recommendation: That the committee change the conditions of the previously granted consent for PLCON 2017 020 to add the following condition: “a development agreement be entered into with the municipality whereby the owner agrees to execute conditions b) through i) prior to December 1, 2019” And further; that the committee deem the above noted change to be minor thereby requiring no further Notice of changing conditions.

28 - 42 5.2 Land Severance Application PLCOR 2018 056 M. Carroll, 470 County Road 9 Legal Description - CON 4 PT LOT 11 RP 29R7963 PART 1 Recommendation: That Land Severance Application PLCOR 2018 056 to permit a lot addition of 1,653 m² be approved subject to the following conditions: 1) That taxes be paid in full; 2) That the parcel is to be added to the property identified as Roll No. 1121 120 010 02410, currently owned by Duane and Donna Lewis;

Page 1 of 122 COMMITTEE OF ADJUSTMENT - November 27, 2018 Agenda

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3) That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 4) That deeds and a survey describing the resulting transaction be submitted to the Town.

43 - 59 5.3 Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road Legal Description - CON 5 PT LOT 12 Recommendation: That Land Severance Application PLCON 2018 057 to permit one rural non-farm residential lot approximately 2.5 hectares in area be approved subject to the following conditions: 1. That the taxes be paid in full. 2. The applicant shall establish a well on the severed lot. 3. The well shall be drilled, blasted, dug or a shore well and must be constructed in accordance with provincial regulations by a person licensed by the Ministry of Environment and Climate Change to install wells. 4. A pump test conducted by a licensed well driller shall establish a minimum of 3 gallons per minute over 2 hours in order to meet the minimum CMHC requirements for mortgage financing. 5. The well driller must provide a report concerning the construction of the well and the results of the pump test on the standard form of certificate required by the MOE & CC. 6. For the purposes of determining water quality, the well water shall be sampled and tested and a report prepared by either a qualified hydrogeologist or a well technician licensed by the Ministry of Environment and Climate Change under the Regulations of the Ontario Water Resources Act. 7. The water shall be tested according to the MOE & CC’s D-5-5 set of parameters for the Ontario Drinking Water Objectives. 8. The water quality report must: • Confirm that the water was sampled and tested either personally or under the supervision of the hydrogeologist or well technician;• Confirm that the water sample complies with all of the D-5-5 parameters; • Identify any features of the water that do not meet the parameters and the remedial measures necessary to bring the water into conformity with them; and • Identify any other features of the water that may affect its aesthetic character of which users should be aware. 9. If any remedial measures are recommended or other features concerning the water are identified in the well driller’s or water quality report, the Owner shall enter into a Development Agreement with the municipality in a form satisfactory to the municipality that incorporates

Page 2 of 122 COMMITTEE OF ADJUSTMENT - November 27, 2018 Agenda

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the remedial measures and other features of the water that have been identified, and the Agreement shall be registered against the title of the property on which the well is located. 10. That deeds and a survey describing the resulting transaction be submitted to the Town.

60 - 71 5.4 Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal Description - Plan 38A Lots 24, 25 & Pt. Lot 26 Recommendation: That Land Severance Application PLCON 2018 058 to permit one residential lot approximately 820m2 in area be approved subject to the following conditions: 1. That the taxes be paid in full. 2. That deeds and a survey describing the resulting transaction be submitted to the Town

72 - 84 5.5 Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback Road Legal Description - RICHMOND CON 11 PT LOT 4 RP 29R7764 PART 5 LIME LAKE Recommendation: That Land Severance Application PLCON 2018 059 to permit a lot addition of 4.07 hectares to an abutting lot be approved subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 090 070 16602, currently owned by D. Brown and L. Burke. 3. That a right-of-way be created over the applicant’s property identified as Roll Number 1121 090 070 16700 in favour of the property owned by D. Brown and L. Burke identified as Roll Number: 1121 090 070 16602. 4. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 5. That deeds and a survey describing the resulting transaction be submitted to the Town.

85 - 98 5.6 Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback Road Legal Description - CON 11 PT LOT 3 PT LOT 4 Recommendation: That Land Severance Application PLCOR 2018 060 to permit a lot addition of 1.02 hectares to an abutting lot be approved subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 090 070 16710, currently owned by D. Brown and L. Burke.

Page 3 of 122 COMMITTEE OF ADJUSTMENT - November 27, 2018 Agenda

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3. That a right-of-way be created over the property identified as Roll Number 1121 090 070 16710 in favour of the property owned by A. Brown identified as Roll Number: 1121 090 070 16700. 4. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 5. That deeds and a survey describing the resulting transaction be submitted to the Town.

99 - 110 5.7 Land Severance Application PLCON 2018 062 Nissa Corporation, 60A Enviro Park Lane Legal Description - CON 2 PT LOTS 20, 21 Recommendation: That Land Severance Application PLCON 2018 062 to permit a lot addition of 1,538m2 to an abutting lot be approved subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 020 010 08530, currently owned by Manco Recycling Systems Inc. 3. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 4. That deeds and a survey describing the resulting transaction be submitted to the Town.

111 - 122 5.8 Land Severance Application PLCON 2018 063 Nissa Corporation, 60A Enviro Park Lane Legal Description - CON 2 PT LOTS 20, 21 Recommendation: That Land Severance Application PLCON 2018 063 to permit a lot addition of 700m2 to an abutting lot be approved subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 020 010 08505, currently owned by 1829911 Ontario Inc. 3. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 4. That deeds and a survey describing the resulting transaction be submitted to the Town.

6. ADJOURNMENT

Page 4 of 122 TOWN OF GREATER NAPANEE COMMITTEE OF ADJUSTMENT Minutes of Meeting Held November 13, 2018 at 6:45 PM Council Chambers, Town Hall - 124 John St., Napanee

PRESENT: Mayor Gordon Schermerhorn in the Chair, Deputy Mayor Marg Isbester, Councillor Ward 1 Michael Schenk, Councillor Ward 2 Max Kaiser, Councillor Ward 3 Roger Cole, Councillor Ward 4 Carol Harvey, Councillor Ward 5 Shaune Lucas

CALL TO ORDER Mayor Schermerhorn called the meeting to order at 6:45 p.m. ADOPTION OF AGENDA RESOLUTION #P46/18: Cole & Kaiser That the Agenda of the Committee of Adjustment dated November 13, 2018 be adopted as presented. CARRIED. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest. ADOPTION OF MINUTES

Committee of Adjustment - October 9, 2018 RESOLUTION #P47/18: Isbester & Schenk That the minutes of the Committee of Adjustment dated October 9, 2018 be received and adopted. CARRIED. MINOR VARIANCE APPLICATIONS Minor Variance Application PLVAR 2018 043 Green Earth Realty Inc., 126 Vanluven Rd. Legal Description - RICHMOND CON 2 PT LOT 23 RP 29R10456 PARTS 1 AND 2 There were no members of the public in attendance to speak in favour of or against the application.

RESOLUTION #P48/18: Schenk & Kaiser That Minor Variance Application PLVAR 2018 043 - Green Earth Realty Inc., 126 Vanluven Rd., Legal Description - RICHMOND CON 2 PT LOT 23 RP 29R10456 PARTS 1 AND 2, requesting a variance from Section 5.27.2 c) iii) of the Town of Greater Napanee Zoning By-law 02-22, as amended, be approved to bring into conformity an existing building and addition thereto which were inadvertently located closer to the side lot line than the by-law permits. CARRIED.

Committee of Adjustment - November 13, 2018 Page 5 of 122 Page 1 of 4 COMMITTEE OF ADJUSTMENT - November 13, 2018 Minutes

Minor Variance Application PLVAR 2018 052 Norman Booth, 248 Sherman's Point Rd. Legal Description - ADOLPHUSTOWN, CON. 4, PT LOTS 24 AND 25, RP 29R-9103 PART 3 Sandy Macpherson was in attendance, representing the applicant, to speak in favour of the application and noted that the property is being sold and the high-water mark isn't relevant given the elevation of the property. There were no members of the public in attendance to speak against the application. Councillor Kaiser noted the minor variance application is to allow for the square footage of the gazebo too close to the high-water mark but inquired if moving the structure had been considered. Michael Nobes, Director of Development Services advised that staff were not aware if the property owners had considered moving the structure. Councillor Schenk inquired if the neighbours were notified of the application. Michael Nobes, Director of Development Services noted that as per the Planning Act, the Town has the option of either advertising planning applications in the newspaper or posting a notice on the property and circulating the notice to adjacent property owners. Mr. Nobes noted that currently the Town’s process is to advertise these applications in the newspaper; however, staff are looking into the other option. Councillor Cole noted that the property is fairly elevated from the water, and he supports the recommendation.

RESOLUTION #P49/18: Isbester & Cole That Minor Variance Application PLVAR 2018 052 - Norman Booth, 248 Sherman's Point Rd., Legal Description - ADOLPHUSTOWN, CON. 4, PT LOTS 24 AND 25, RP 29R-9103 PART 3, requesting a variance from Section 4.11. b i) of the Town of Greater Napanee Zoning By-law 02-22, as amended, be approved, to recognize an existing gazebo, which was constructed 7 metres from the high-water mark. CARRIED. LAND SEVERANCE APPLICATIONS Land Severance Application PLCOR 2018 044 V. Barton, Schenk St. Legal Description - CON 1 PT LOT 20 PT LOT 21 RP 29R7674 PARTS 1, 4 There were no members of the public in attendance to speak in favour of or against the application.

RESOLUTION #P50/18: Cole & Kaiser That Land Severance Application PLCOR 2018 044 - V. Barton, Schenk St., Legal Description - CON 1 PT LOT 20 PT LOT 21 RP 29R7674 PARTS 1, 4, to permit an addition to an adjacent residential lot be approved, subject to the following conditions: a) That taxes be paid in full; b) That the parcel is to be added to the property identified as Roll No. 1121 140 010 04151, currently owned by Vi John Wong, Renee Wong and Feng Juan Lu; c) That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” CARRIED.

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Land Severance Application PLCON 2018 047 James and Margaret Hawley, 1389 South Shore Rd.

Legal Description - CON 3 ADD PT LOT 8 9 RP 29R4235 PART 1 HAY BAY HAY BAY RESOLUTION #P51/18: Kaiser & Schenk That Land Severance Application PLCON 2018 047 - James and Margaret Hawley, 1389 South Shore Rd., Legal Description - CON 3 ADD PT LOT 8 9 RP 29R4235 PART 1 HAY BAY HAY BAY, to permit the establishment of an easement for access to a well be approved subject to the following conditions: a) That taxes be paid in full; b) That the easement is to be created on the property identified as Roll Number 1121 180 010 24705 in favour of the property identified as Roll Number 1121 180 010 24600; c) That a cross-section plan illustrating the location and depth of the proposed construction under the South Shore Road be provided to the satisfaction of the Town’s Road Superintendent. CARRIED. Land Severance Application PLCOR 2018 053 Kenneth and Kimberly Morrison, 65A Tany-Byrn Rd. Legal Description - CON 5 PT LOT 17 PT LOT 18 29R9398 PARTS 1 TO 5 LONG REACH Kenneth and Kimberly Morrison, applicants, were in attendance in support of the application. Comments were received from Karla Maki-Esdon and Graham Esdon against the application.

RESOLUTION #P52/18: Harvey & Lucas That Land Severance Application PLCON 2018 053 - Kenneth and Kimberly Morrison, 65A Tany-Byrn Rd., Legal Description - CON 5 PT LOT 17 PT LOT 18 29R9398 PARTS 1 TO 5 LONG REACH to permit the creation of one shoreline residential lot be approved, subject to the following conditions: a) That the taxes be paid in full; b) The applicant shall establish a well on the severed/retained parcel. c) The well shall be drilled, blasted, dug or a shore well and must be constructed in accordance with provincial regulations by a person licenced by the Ministry of Environment, Conservation & Parks to install wells. d) A pump test conducted by a licenced well driller shall establish a minimum of 13.7 litres/minute (3.6 gal/min) over 2 hours in order to meet the minimum Ministry of Environment, Conservation & Parks requirements. e) The well driller must provide a report concerning the construction of the well and the results of the pump test on the standard form of certificate required by the Ministry of Environment, Conservation & Parks.f) For the purpose of determining water quality, the well water must be sampled and tested and a report prepared by either a qualified hydrogeologist or a well technician licenced by the Ministry of Environment, Conservation & Parks under the Regulations to the Ontario Water Resources Act. g) The water shall be tested in according to the Ministry of Environment, Conservation & Parks’ D-5-5 set of parameters for the Ontario Drinking Water Objectives. h) The water quality report must:

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i Confirm that the water was sampled and tested either personally or under the supervision of the hydrogeologist or well technician; ii Confirm that the water sample complies with all of the D-5-5 parameters; iii Identify any features of the water that do not meet the parameters and the remedial measures necessary to bring the water into conformity with them; and iv Identify any other features of the water that may affect its aesthetic character of which users should be aware. i) If any remedial measures are recommended or other features concerning the water identified in the well driller’s or water quality report, the owner shall enter into a Development Agreement with the municipality in a form satisfactory to the municipality that incorporates the remedial measures and other features of the water that have been identified, and the Agreement shall be registered against title to the property on which the well is located. j) A minor variance to address deficiencies in resultant lot areas and frontages be submitted and approved. CARRIED. Land Severance Application PLCOR 2018 054 Milligan Farms Inc., County Road 9 Legal Description - FREDERICKSBURGH CON 6 PT LOT 13 W PT LOT 14 There were no members of the public in attendance to speak in favour of or against the application.

RESOLUTION #P53/18: Kaiser & Schenk That Land Severance Application PLCOR 2018 054 - Milligan Farms Inc., County Road 9, Legal Description - FREDERICKSBURGH CON 6 PT LOT 13 W PT LOT 14, to permit the establishment of an easement for access to water from the applicants’ property to an adjacent residential lot be approved subject to the following conditions: a) That taxes be paid in full; b) That the easement is to be created on the property identified as Roll Number 1121 120 010 03700 in favour of the property identified as Roll Number 1121 120 010 03300. CARRIED. ADJOURNMENT RESOLUTION #P54/18: Cole & Kaiser That the meeting does hereby adjourn at 6:56 p.m. CARRIED.

Gordon Schermerhorn, Mayor Susan Beckel, Secretary-Treasurer

Committee of Adjustment - November 13, 2018 Page 8 of 122 Page 4 of 4

Land Severance PLCON 2017 020 Condition Change Report

Report to the Committee of Adjustments

TO: Chairman, Members and Secretary-Treasurer of the Committee of Adjustment FROM: Michael Nobes, Director of Development Services DATE: November 27, 2018 SUBJECT: Application for Consent to Sever PLCON 2017 020 D. & M. Bradfield - 2935 County Road 9 Roll Number: 1121 170 010 24100 Legal Description - Con. 5, Pt. Lot 14 Geographic Township of S. Fredericksburgh

Purpose: The severance intended to create one lot for future shoreline residential development. The consent was granted provisional approval from the committee but is at risk of expiring because the property owner has not been able to retain a well driller to fulfill the conditions associated with installation of a well on the severed lot. Staff are proposing changing the conditions of the consent, pursuant to Section 53 (23) of the Planning Act, to provide relief from the timeframe associated with the well installation and testing requirements. ______

RECOMMENDATION That the committee change the conditions of the previously granted consent for PLCON 2017 020 to add the following condition: “a development agreement be entered into with the municipality whereby the owner agrees to execute conditions b) through i) prior to December 1, 2019” And further; that the committee deem the above noted change to be minor thereby requiring no further Notice of changing conditions. Discussion: The applicant for consent application “PLCON 2017 020” has been unable to successfully execute the conditions of the previously granted consent within the legislated one-year period

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Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 9 of 122

Land Severance PLCON 2017 020 Condition Change Report

and the consent is at risk of expiring. The applicant has fulfilled all other conditions related to the consent except for the installation of the well and associated well testing. By adding an additional condition to the previously granted consent, by way of a development agreement being entered into, the applicant will be able to fulfill the conditions of the consent prior to expiration. The previous consent conditions are below:

a) That the taxes be paid in full.

b) The applicant shall establish a well on the severed lot.

c) The well shall be drilled, blasted, dug or a shore well and must be constructed in accordance with provincial regulations by a person licensed by the Ministry of the Environment to install wells.

d) A pump test conducted by a licensed well driller shall establish a minimum of 5 gallons per minute over 2 hours in order to meet the minimum CMHC requirements for mortgage financing.

e) The well driller must provide a report concerning the construction of the well and the results of the pump test on the standard form of certificate required by the MOE.

f) For the purposes of determining water quality, the well water shall be sampled and tested and a report prepared by either a qualified hydrogeologist or a well technician licensed by the Ministry of Environment under the Regulations of the Ontario Water Resources Act.

g) The water shall be tested according to the MOE’s D-5-5 set of parameters for the Ontario Drinking Water Objectives.

h) The water quality report must:

· Confirm that the water was sampled and tested either personally or under the supervision of the hydrogeologist or well technician; · Confirm that the water sample complies with all of the D-5-5 parameters; · Identify any features of the water that do not meet the parameters and the remedial measures necessary to bring the water into conformity with them; and · Identify any other features of the water that may affect its aesthetic character of which users should be aware. P a g e 2 | 4

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 10 of 122

Land Severance PLCON 2017 020 Condition Change Report

i) If any remedial measures are recommended or other features concerning the water are identified in the well driller’s or water quality report, the Owner shall enter into a Development Agreement with the municipality in a form satisfactory to the municipality that incorporates the remedial measures and other features of the water that have been identified, and the Agreement shall be registered against the title of the property on which the well is located.

j) The applicant shall provide the County with a registered deed of conveyance and legal plan for road widening along the County Road 9 frontage of both the proposed severed and retained parcels. This widening shall be sufficient to provide 13.1 m. (43 ft.) of road right-of-way from the centerline of County Road 9. In the event that the subject road right-of-way already provides the above specified width, the individual preparing the legal plan shall provide written notification indicating this to the County.

k) The applicant shall provide the County with a registered deed of conveyance and legal plan for a 0.3 m. (1 ft.) reserve across the County Road 9 frontage of the retained parcel with the exception of a 7.6 m. (25 ft.) gap at the east property line. The purpose of this one foot reserve is to prohibit access to the retained lands except at the location of the exiting laneway at the east property line.

l) The applicant shall remove the existing field entrance and gate on the County Road 9 frontage and permanently close this entrance.

m) The applicant shall provide the County with a digital (PDF) copy of the registered reference Plan. All costs relating to Conditions j), k), l) and m) shall be borne by the applicant.

n) That proof be submitted that the requirements of the Cataraqui Region Conservation Authority with respect to the protection of the provincially significant woodland on the subject property have been met.

o) That a minor variance be submitted to address the deficiency in frontage of the proposed severed parcel.

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Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 11 of 122

Land Severance PLCON 2017 020 Condition Change Report

Conclusions Staff believe changing the conditions of consent by adding a requirement of a development agreement being entered into is fair and deemed to be minor. The staff recommendation is to change the conditions of the previously granted consent for PLCON 2017 020 to add the following condition: “a development agreement be entered into with the municipality whereby the owner agrees to execute conditions b) through i) prior to December 1, 2019” And further; that the committee deem the above noted change to be minor thereby requiring no further Notice of changing conditions.

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Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 12 of 122 Land Severance PLCOR 2017 020 Planning Report

REPORT TO THE COMMITTEE OF ADJUSTMENT

TO: Chairman, Members and Secretary-Treasurer of the Committee of Adjustment

FROM: Jean Rixen, Planning Clerk

DATE: November 14, 2017

SUBJECT: Application for Consent to Sever PLCOR 2017 020 D. & M. Bradfield – 2935 County Road 9 Roll Number 1121-170-010-24100-0000 Legal Description - Con. 5, Pt. Lot 14 Geographic Township of S. Fredericksburgh

The severance is intended to create one lot for future shoreline residential development. ______

RECOMMENDATION

That Land Severance Application PLCOR 2017 020 to sever an existing residence and outbuildings and permit the establishment of a shoreline residence on the remaining property be approved subject to the following conditions:

a) That the taxes be paid in full.

b) The applicant shall establish a well on the severed lot.

c) The well shall be drilled, blasted, dug or a shore well and must be constructed in accordance with provincial regulations by a person licensed by the Ministry of the Environment to install wells.

d) A pump test conducted by a licensed well driller shall establish a minimum of 5 gallons per minute over 2 hours in order to meet the minimum CMHC requirements for mortgage financing.

e) The well driller must provide a report concerning the construction of the well and the results of the pump test on the standard form of certificate required by the MOE.

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 13 of 122 Land Severance Application PLCOR 2017 020 Planning Report ______

g) The water shall be tested according to the MOE’s D-5-5 set of parameters for the Ontario Drinking Water Objectives.

h) The water quality report must:

l) The applicant shall remove the existing field entrance and gate on the County Road 9 frontage and permanently close this entrance.

m) The applicant shall provide the County with a digital (PDF) copy of the registered reference Plan. All costs relating to Conditions j), k), l) and m) shall be borne by the applicant.

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 14 of 122 Land Severance Application PLCOR 2017 020 Planning Report ______

o) That a minor variance be submitted to address the deficiency in frontage of the proposed severed parcel.

Proposal:

The purpose of this application is to sever 1.3 hectare lot from a landholding approximately 13 hectares in area on which are located a single unit residence, storage barn and two smaller accessory outbuildings. The retained land is currently vacant but the intention is to build a residence at the north end, close to the Hay Bay shore.

Location:

The subject lands are immediately west of Toronto Road extending from County Road 9 at the south to the shore of Hay Bay at the north end. Lashers Road is approximately 100 metres to the west.

Severed Parcel: The proposed severed parcel is intended to have frontage of approximately 50 metres on County Road 9. The applicant recognizes that this does not meet the standard of the zoning by-law for rural residential land uses; however, he wished to maximize the frontage of the retained lands and realizes that a minor variance will be required.

Retained Parcel: The proposed retained parcel is approximately 11 hectares in area and is proposed to have frontage of 78 metres.along County Road 9. As noted, the frontage available is insufficient to provide the 60 metres for both the severed and retained that would meet the provisions of the zoning by-law. The wider frontage on the retained land creates a more useful configuration.

Surrounding Land Uses:

Severed & Retained Parcels:

West of the subject lands are several rural residences. To the south and east are residences and cultivated fields. The areas under cultivation extend along Toronto Road to the north. The northernmost area of the subject lands and lands to the west are thickly wooded. At the extreme north end of the subject property is the shore of Hay Bay and several shoreline residences to west and east.

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 15 of 122 Land Severance Application PLCOR 2017 020 Planning Report ______

Existing Policies

Official Plan

By-law 01-28, as amended, Town of Greater Napanee Designation: “Rural” and “Shoreline Residential”

The Official Plan of the Town of Greater Napanee designates the majority of the property “Rural”. The area at the north end, adjacent to Hay Bay, is designated “Shoreline Residential”.

Policy 4.7.3 permits the establishment of single unit residences on lands adjacent to the shore.

Access to such residences is to be from a municipally maintained public road. In addition, development must comply with the groundwater policy of the Official Plan with respect to lot area and ability to support individual well and septic system.

Zoning

By-law 02-22, as amended, Town of Greater Napanee Zoned “RU (Rural)”

The subject lands are zoned “RU (Rural)” in the comprehensive Zoning By-law 02-22. Rural non-farm residences are permitted in conformity with Section 5.6 of the Zoning By-law.

Conclusions

The proposed severance is in conformity with Official Plan policies permitting rural non-farm residential development in the rural area where it will not adversely affect other traditional rural activities.

Approval of the application is therefore recommended subject to the following conditions:

a) That the taxes be paid in full.

b) The applicant shall establish a well on the severed lot.

c) The well shall be drilled, blasted, dug or a shore well and must be constructed in accordance with provincial regulations by a person licensed by the Ministry of the Environment to install wells.

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 16 of 122 Land Severance Application PLCOR 2017 020 Planning Report ______

d) A pump test conducted by a licensed well driller shall establish a minimum of 5 gallons per minute over 2 hours in order to meet the minimum CMHC requirements for mortgage financing.

e) The well driller must provide a report concerning the construction of the well and the results of the pump test on the standard form of certificate required by the MOE.

g) The water shall be tested according to the MOE’s D-5-5 set of parameters for the Ontario Drinking Water Objectives.

h) The water quality report must:

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 17 of 122 Land Severance Application PLCOR 2017 020 Planning Report ______

l) The applicant shall remove the existing field entrance and gate on the County Road 9 frontage and permanently close this entrance.

m) The applicant shall provide the County with a digital (PDF) copy of the registered reference Plan. All costs relating to Conditions j), k), l) and m) shall be borne by the applicant.

o) That a minor variance be submitted to address the deficiency in frontage of the proposed severed parcel.

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 18 of 122 ______

Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario K7R 3L4

Application for Consent (severance)

For 0111cc use only [c Received Date Complete File No(s) Fee(s) Paid PL-o27o2x)

1.0 APPLiCANT INFORMATION

1.1 Complete the information below and indtcate which contact is the Prime Contact (to whom all communications will be directed).

Nane Address Registesed OWaer(s( — - PhoneiFss/E-mail Business )c\LJ -ct

/iJ(LL -- -; HonidCell V

-eseil —-

Applicant(s) .__]_. Busincus

Fax

HwncJCc’l

E-r.tail

Agent, 1 anY leg Planning Consultant) f ..nsisess

------Fax

HemcfCcll

1—---——Etnail

Solicitor - Business %A/sLP> (3/44/ ‘

/J,,i//e :‘ 1lancICC

,Jad

If a company,_please_give_namez’r?3and_phone_number(s) of principal_owner (or president). 2.0 PROPERTY INFORMATION

Lot(s)/Block(s) Concession Ron istci-ed Plan j01 iLl 34 No. Reference Plus No. Part(s) Pared No.

former Municipality Municipal Address

Assessment Roll

Town of Greater Nnpanee Coesest Application Page 1 Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 19 of 122 ______Land ______

2.1 Particulars of the Subject Land (use metric units): Frontage jAverage Depth I 33 i L Current Official Plan Designation Current Zoning Designation

2.2 Are there arty easements or restrictive covenants affecting the subject land? t2ES []NO If YES, describe each easement or covenant and its effect

fl oc.c.Q 4 c/7w, c,,e4’C

3.0 EXISTING USES OF THI; SUBJECT LANDS

3.1 What are the existing uses of the subject lands?

Land Intended to be Retained Land Intanded to be Severed ( , o Lo

3.2 List nay existing Buildings or Structures on tlic Property

- unr G;ound Building BcildinelStructute - Hcighr F-ont Reci Side Stde Storeys

Land C(V to be LTJ Retained (V )Sci 2c’ 5(v) / 7cO Land to be

3.3 Is the subject land (or buildings) subject to a demolition control bylaw or is it designated or identified for possible designation under the Ontario I1erita Act? t] YES NO

4.0 PROPOSED DIMENSIONS AND USES OF THE SUBJfCT LANDS

4.1 Dimensions of the proposed lots (inmethc units)

— f JJ1 L1t j 4.2 What are the proposed uses of the subject lands? Intended to be Retaincd Land Intended to be Severed il7 LQT

Town of Greater Napanec Consent AppHcation Page 2

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 20 of 122 _lili______

4.3 List any Proposed Buildings and Structures

Yard Setbacks — Nuaber 1ldina/Stincturc [ Building I Height Fiont Rear Side de Storeys Area oIFv..vi.t%z.__ t3o 3

. 3t 2s czo .b

4,4 Attach a sl:eteh showing (in metria units): a) The hounradas and dimensionc of the subject land; b) The loctiun, size and type ot all existing and proposed buiidiog wid subject trucftircs on the land, indicating their distance from the lot lines; c) The approxiiuiate location of all natural and artificial features located on thc subject land or adjacent land that might affect that application; d) The current use. of land that is adjacent to the subject land, e) The locations width, name and type of anysoads within or abruting the subject land; f The location of paiking and docking facilities if access is to he by water only; and g) The location and nature of any easements affecting the subject land.

5,t) NATURE OF PROPOSED CONSENT

5,1 !)crihc the type and purpose af the proposed transaction (e.g. a trrisfer for the nt, a mr addition, creition ofa pow an easement, a ehnroe. i lease or a correction of dtle. 1:’

6.0 HISTORY OF OTHER PL%NNING APPLICATIONS - e ,, -

5., 6.1 Has there ever been an application for a consent or approval of a plan of subdivision involving the subject land? tEs

If YES, stud ifksioo a. list below or atteco on a separate page: tlr Type cfAppli:a.ion Number/Ontai5u Datajlc Status Regulation Number I

6.2 Has any land been severed from the parcel odginally acquired by the owner of the subject land? DYES NO

If YES, then complete the following:

Date of transfer Name of transferee _,,4 Uses of the severed land

Town of Grooms Npane Cooscnt Appteatomm Pogo 3 Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 21 of 122 ______-___ _

7.0 SERVICiNG 7. I Indicate the existing and proposed servicing type for the subject land. Water 5pjv Retained Severed Sewaee Disposal Retained Severed Public piped water system [] Public piped sewage system LI El Private communal well(s) Private communal septic system L] Private individual well(s) Individual septic system(s) Lake or other water body El Privy Li El Other means 11 Other means LI J>

Storni Drainaee Retained Severed Access Retained Severed Sewers [J El Provincial highway [] [] Ditches or swales County Road El Other me.ms [} Municipal todd El Waiar El El Ocher mea”s LI 4.

8.0 ECLARATION

I of the &VJt, hi the fnani o .pplicar) (name of municipalftv/towitsiiio)

Coanty of 4.. //t1t4’’ solemnly decl3re mat all te nIsrmacicn contained in this apptica-ion and any supporting documents is

Declared buibre me at the Town of flreater Napanee hi the County of Leimux and Addiiori tins clay of kY”-tk ankhfleTMlTT Otad c.1Pro%o1 ,Q’iistsioner or Oaths es plicant

9,0 OWNER’S AUTHORIZATION (iftlcc 3pphcant is trot the oie;)

I, of the in tl (name of owner) (name of municipalitytownship) County of - — am the owner of the land that is the subject of this application for a consent and I hereby authorize to act as my a’ent in this application.

172 xJitatu of Owner

Town of Greater Napanee Consent Application Pagc 4

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 22 of 122

IN THE MATTER of Sections 45 and 53 of The Planning Act, TAKE NOTICE THAT the Committee of Adjustment/Land Division Committee (The Committee) of the Corporation of The Town of Greater Napanee will be considering the following application(s) for consent(s) or minor variance(s) at a public meeting on November 14 , 2017 a t 6:45 p.m.in the Council Chambers of the Town of Greater Napanee at 124 John Street, Napanee, Ontario.

If you would like to provide the Committee with your comments on any of these applications, please write to Gib Garrett, Planning Clerk. If we have not heard from you by the date of the meeting, we will assume that you have no comments or concerns regarding this matter.

If a person or public body that files an appeal of a decision of the Committee in respect of the proposed consent(s) or minor variance(s) does not make a written submission to the Committee before it gives or refuses to give a provisional consent or approval the Ontario Municipal Board may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent(s) or minor variance(s), you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public.

Additional information regarding the application(s) is/are available for public inspection at the Town of Greater Napanee Municipal Office at 45 Commercial Court or by contacting the Development Services Department at (613) 354-5931 Extension 2114 during regular business hours, Monday to Friday, 8:30a.m. to 4:30p.m. Please refer to the appropriate file number.

LAND SEVERANCE/CONSENT I MINOR VARIANCE:

Applicant Property Description Purpose File Number

R. & T. Moore 256 Bass Cove Road To permit reduction PLVAR 2017 043 of 4 metres in front yard depth

F. & J. Snyder Young’s Point Road To permit PLVAR 2017 044 Adolphustown reduction of 9 metres in setback from floodplain

D. & M. Bradfield 2935 County Road 9 To permit creation PLCON 2017 020 of 1.3 hectare rural residential lot

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 23 of 122

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Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County... Page 24 of 122 ‘—I 4 ‘\ CATARAQUI REGION CONSERVATION AUTHORITY at’ 1641 Perth Road, P.O. Box 160 Glenburnie, Ontario KOhl150 / Phone: (613) 546-4228 ToIlFree (613 area code): 1-877-956-CRCA Fax:(513) 547-6474 E-mail:[email protected] Consen’ation Websftes: www.crca.ca & wwwcleanwatercataraqui.ca

November 14, 2017 File: SEWNAP/241/2017

Sent by Email

Mr. Gib Garrett, Planning Clerk Town of Greater Napanee P.O. Box 97 124 John Street Napance, ON K7R 3L4

Dear Mr. Garrett:

Re: Application for Consent to Sever PLCON 2017 020 (Bradrield) Lot 14, Concession 5; 2935 County Road 9 Town of Greater Napanee (Former Township of Adoiphustown)

Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for severance, and provide the following comments for the Town’s consideration.

Summary of Proposal

The applicant has requested severance that would result in the creation of a large parcel of land with approximately 17 metres of water frontage onto the Bay of Quinte (lot to be severed). The retained portion will be approximately 1.3 hectares in sizes with 50 metres of road frontage onto County Road 9.

Site Description

As noted above, the lot to be severed contains waterfront onto the Bay of Quinte. In addition, significant woodlands cover a large portion of the lot to be severed. The significant woodlands are located in the northern portion of the lot to be severed which includes the proposed location for a new dwelling as noted on the drawing that was submitted with the application. In addition, there is a seasonal watercourse that is located adjacent to the south of the retained lot.

Thc subject lands arc dcsignated ‘Rural’ and ‘Shoreline Residential’ in the Official Plan for the Town of Greater Napanee. The site is currently zoned ‘Rural’ (RU) in the implementing Zoning By-law.

Discussion

The main interests of the CRCA with respect to this application are the avoidance of natural hazards associated with the shoreline of the Bay of Quinte (e.g. flooding and erosion), the avoidance of flooding

Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 25 of 122 Mr. Garrett (PLCON 2017 020) November 14, 2017

and erosion hazards associated with the seasonal watercourse, and the protection of the significant woodlands identified on the subject lands.

Natural Hazards (Bay of Ouinte) Flooding: The regulatory flood plain of the Bay of Quinte in this location is defined as an elevation of 76.4 metres geodetic, including an allowance for wave uprush. Section 4.11(b) of the Town of Greater Napanee Zoning By-law requires buildings and structures to be set back a minimum of 15 metres of a flood plain or within 30 metres of the high water mark of a waterbody or watercourse. The (‘RCA Planning Policy also recommends a 15 metres horizontal set back from the regulatory flood plain.

Erosion: The erosion hazard limit is defined by (lie J.D. Paine study (iJethodo!ogy for Defining the Regulatoy Erosion Siandard on Great Lakes Shorelines. 1995) lbr low till shorelines along Lake Ontario to be a stable slope allowance of 3(h):1(v) plus an erosion access allowance of 10 metres. Given that the till shoreline is approximately 0.5 metres high, the erosion hazard limit would extend 11.5 metres from the toe of slope.

Given the size and configuration of the subject lands, there is sufficient area on the lot to be severed for any thture development (including septic) to occur outside of the flooding and erosion hazards associated with the Bay of Quinte.

Natural Hazards (Watercourse) A suitable buffer is necessary between the proposed development and the watercourses. This buffer will protect the limction of the watercourses by maintaining a dpaHan corridor while avoiding flooding and erosion normally associated with these watercourses. The CRCA does not have floodplain mapping for the watercourse that is located adjacent to the retained lot. Section 4.11 c) of the Town of Greater Napanee Zoning By-law does not allow any building to be erected or altered within 30 metres of the highwater mark where a floodplain has not been defined. (‘RCA policies under Ontario Regulation 148/06: Development, Interference with Wetlands and Alterations to Shorelines and Watercourses guideLines also states, “Where new development is proposed and the elevation of the rcgulatoty floodplain is unknown, a setback of 30 meters from the average high water mark or top of bank will be applied lbr development provided that there is sufficient ditThrcncein elevation (to be determined on a case by case basis).”

Based upon a review of relevant mapping, staff are satisfied that there is sufficient area outside of the watercourse setback for thture development to occur on the retained parcel. However, staff note that the existing dwelling is located within 30 metres of the watercourse. Future development (e.g. addition to the dwelling) may not be permitted.

Significant Woodlands The Napance Natural Heritage Study (December 2005) identified significant woodland on the northern portion of the lot to be severed. Section 5.5.7.1 Qof the Official Plan states: “Development should be carried out in a manner that encourages the protection and management of woodlands.”

Staff are concerned with the nature protection of the significant woodland since the drawing provided with the application indicates that a new dwelling is proposed to he constructed within the significant

Page 2 of 3 Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 26 of 122 Mr. Garrett (PLCON 2017 020) November 14,2017

woodland on the lot to be severed. Section 5.5.7.1 0 also provides guidance when development is proposed within a significant woodland. Since fiture development is proposed within the signi/i cant woodland, staff recommend that the municipality request that the applicant retaiti the services of an environmental consultant to undertake a scoped review /‘ the nature and extent the woodland and provide suitable mitigation recommendations topreserve the n’oodlandfir’ature.

Recommendation

Staff recommend deferral of application PLCON 2017 020 based on our consideration for natural hazard, natural heritage, and water quality and quantity protection policies. Please inform this office in writing of any decision made by the Town of Greater Napanee regarding this application.

Please note that portions of the lot to be severed and the lot to he retained are subject to the CRCA’s Ontario Regulation 148/06: Development, lnteifrrence with IVetlands,and Alterations to Shorelines and Warercourses. The purpose of the regulation is to make sure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. Prior to considering development or site alteration, present and friture landowners will need to contact the CRCA to determine permitting requirements under Ontario Regulation 148/06.

If you have any questions, please contact the undersigned at (613) 546-4228 extension 244 or by email at [email protected].

Yours truly. /1 --

Andrew Schmidt, C.Tech. Supervisor, Development Review

/as cc. Donald and Michelle Bradlield. 2935 County Road 9, Napanee, ON. K7R 3K8 Jean Rixen, Town of Greater Napanec (via email)

Land SeverancePage 3 of Application3 PLCON 2017 020 D. & M. Bradfield, 2935 County...Page 27 of 122

Land Severance PLCOR 2018 056 Planning Report

Report to the Committee of Adjustments

TO: Chairman, Members and Secretary-Treasurer of the Committee of Adjustment FROM: Michael Nobes, Director of Development Services DATE: November 27, 2018 SUBJECT: Application for Consent to Sever PLCOR 2018 056 M. Carroll (landowner) – 470 County Road 9 D. & D. Lewis (recipient landowners) – 450 County Road 9 Legal Description - Con. 4, Pt. Lot 11 RP 29R7963 Pt. 1 Geographic Township of N. Fredericksburgh The severance is intended to sever a parcel of approximately 1,653 m² to be added to the adjacent lot. ______

RECOMMENDATION That Land Severance Application PLCOR 2018 056 to permit a lot addition of 1,653 m² be approved subject to the following conditions: 1) That taxes be paid in full;

2) That the parcel is to be added to the property identified as Roll No. 1121 120 010 02410, currently owned by Duane and Donna Lewis;

3) That the following statement appears on the deed:

“Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.”

4) That deeds and a survey describing the resulting transaction be submitted to the Town.

P a g e 1 | 3

Land Severance Application PLCOR 2018 056 M. Carroll, 470 County Road 9Page ... 28 of 122

Land Severance PLCOR 2018 056 Planning Report

Proposal: The purpose of this application is to add 1,653m2 of land to an adjacent lot which will increase the side yard setback to the Eastern property line and bring the lot into greater conformity with the Zoning By-Law with regards to the lot area. Location: The subject lots are on the South side of County Road 9, just East of where County Road 9 runs adjacent the Napanee River.

Severed Parcel: The proposed severed parcel is approximately 1,653 m² and abuts the Eastern property line of 450 County Road 9.

Retained Parcel: The retained parcel is 88.87 acres in area. The part to be removed is currently vacant and surplus to the owners’ needs. The remaining lands will be approximately 88.47 acres in area and have direct access onto County Road 9.

Surrounding Land Uses: Severed & Retained Parcels: The lands to which the addition is proposed is used for residential purposes and is compatible with adjacent land uses. The retained land is located immediately to the West and South on County Road 9. To the West and East are additional rural residences and a wooded tree-line on the Eastern boundary of the severed part. To the West, East and South are a mixture of land uses including rural residences, farmland and wooded lands.

Existing Policies Official Plan By-law 01-28, as amended, Town of Greater Napanee Designation: “Rural”

P a g e 2 | 3

Land Severance Application PLCOR 2018 056 M. Carroll, 470 County Road 9Page ... 29 of 122

Land Severance PLCOR 2018 056 Planning Report

The Official Plan of the Town of Greater Napanee designates the properties as “Rural”. The “Rural” designation permits the existing residences at 450 and 470 County Road 9 and permits the existing farm-related uses at 470 County Road 9. The proposal is in conformity with the Official Plan.

Zoning By-law 02-22, as amended, Town of Greater Napanee: Both severed and retained parcels are zoned “RU (Rural)”. 470 County Road 9 contains some “EP (Environmental Protection)” land located at the midpoint of the lot, however no development is located or proposed near this area, and the severed part does not contain EP land. The proposal is in conformity with the Zoning By-Law.

Conclusions The proposal will enlarge a rural lot being used for residential purposes. As no new development or changes in land use are proposed, neither the Conservation Authority, County of Lennox and Addington nor the Health Unit had any comments or concerns with this proposal. The proposal conforms with the Official Plan and Zoning By-Law.s No other inquiries or comments have been received. Approval of the application is therefore recommended subject to the following conditions: 1) That taxes be paid in full;

2) That the parcel is to be added to the property identified as Roll No. 1121 120 010 02410, currently owned by Duane and Donna Lewis;

3) That the following statement appears on the deed:

“Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.”

4) That deeds and a survey incorporating the resulting transaction be submitted to the Town.

P a g e 3 | 3

Land Severance Application PLCOR 2018 056 M. Carroll, 470 County Road 9Page ... 30 of 122 %l’

Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario K7R 3L4 Application for Consent (severance)

For office use Only Date Recei ed Date Complete File No(s) Fee(s) Paid ot//o//

1.0 APPLICANT INFORMATION

1.1 Complete the information below and indicate which contact is the Prime Contact (to whom all communications tvilt be directed).

Name Address Phone/Fax/E-mail Registered Owner(s)’ Business 4 Fax ‘) i ti.i;cr e Hop’ lC..ll vv’CIl E-mail “/4 Applicant(s) Business_

,‘j’t( - Fax

1) - Hom’C’ti

E-m’

Agent, if any leg. Planning Consultant) Business

Fax

.. - HomeICell

E-mail

Solicitor Business

Fax

Hom&Cell

E-mail

If a company, please give name and phone number(s) of principal owner (or president).

2.0 PROPERTY INFORMATION

Lot(s)/Block(s) Concession Registered Plan No. j Reference Plan No Part(s) Parcel No.

Former Municipality Municipal Address F ec’(e )IJLt5 r-re , r Assessment Roll #: Jj’7).I ,ao L iicRLDO

Town of Greater Napanee Consent Application Page I Land Severance Application PLCOR 2018 056 M. Carroll, 470 County Road 9Page ... 31 of 122 2.1 Particulars of the Subject Land (use metric units):

2.2 Are there any easements or restrictive covenants affecting the subject land? YES NO If YES, describe each easement or covenant and its effect.

3.0 EXISTING USES OF THE SUBJECT LANDS

3.1 What are the existing uses of the subject lands? Land Intended to be Retained Land Intended to be Severed

3.2 List any existing Buildings or Structures on the Property

Yard Setbacks Number Ground Building Building/Structure of Floor I leight Front Rear Side Side Storeys Area

Land tobe Retained Land to he Severed -“U VZ

3.3 Is the subject land (or buildings) subject to a demolition control by-law or is it designated or identified for possible designation under the Ontario Heritage Act? YES NO

4.0 PROPOSED DIMENSIONS AND USES OF THE SUBJECT LANDS

4.1 Dimensions of the proposed lots (in metric units) Frontage Average Depth Area Land intended to be retained

Land intended , -. C1 to be severed I ,‘ek 7 ,ieyci / t 5 3 Wi kc 4.2 What are the proposed uses of the subject lands? Land Intended to be Retained Land Intended to be Severed

Town of Greater Napanee Consent Application Land Severance Application PLCOR 2018 056 M. Carroll, 470 County Road 9Page ... 32 ofPage 1222 ______

7.0 SERVICING 7.1 Indicate the existing and proposed servicing type for the subject land. Water Supply Retained Severed Setvage Disposal Rctaine Severed Public pipesysem Public piped sewage system

Private communal tvell()., Private communal septic sytrn

Private individual well(s) Individual septic s sm(s)

Lake or other water body Privy

Other means 0 er means V Storm Drainage Retained Sevetgd Ac Retained Severed Sewers Provincial hvay D Ditches or swales County Road

Other means Municipal road

Water

Other means

8.0 DECLARkTION

I i o1lit;L LL)Q ‘of the t—c in the (name of applicant) (name of municiality/township) County of Y&c /t.LZAt1 solemnly declare that all the information contained in this application and any supporting documents is true.

Declared before me at the Town of Greater Napanee in the County of Lennox and Addington this da’ of / 3L.’ cy ‘ Janice Michelle etc., Province LcC__/t.L4_&. L4 Greater N hs Applicant

9.0 OWNER’S AUTHORIZATION (if the applicant is not the owner)

r I, a2ii’ of the in the I (name ofovner) (name ofmunié’ipality/township) County of am the owner of the land that is the subject of this application for a consent awl I hereby authorize AQre Le_s kS to act as my agent in this application. A ( / Signature of Otvncr

Land Severance ApplicationTown of Greater Napanee PLCORConsent Application 2018 056 M. Carroll, 470 County Road 9Page ... 33 Pageof 1224 4.3 List any Proposed Buildings and Structures

Yard Setbacks Number . . Ground . . Building Building/Structure of . Floor .- Fleight Front Rear Side Side Storeys Area

‘D - J ‘2 . o —— ) -

- ., Va

4,4 Attach a sketch showing (in metric units): a) The boundaries and dimensions of the subject land; b) The location, size and type of all existing and proposed buildings and structures on the subject land, indicating their distance from the lot lines; c) The approximate location of all natural and artificial features located on the subject land or adjacent land that might affect that application; d) The current uses of land that is adjacent to the subject land; e) The location, width, name and type of any roads within or abutting the subject land; f) The location of parking and docking facilities if access is to be by water only; and g) The location and nature of any easements affecting the subject land.

5.0 NATURE OF PROPOSED CONSENT

5.1 Describe the type and purpose of the proposed transaction (e.g. a transfer for the creation of a nets lot, a lot addition, an easement, a charge. a lease or a correction of title). I o 1 ct c/c/a 4’ c

6.0 HISTORY OF OTHER PLANNING APPLICATIONS

6.1 fIas there ever been an application for a consent or approval of a plan of subdivision involving the subject land? YES ‘NO

If YES. and if knon. list below or attach on a separate page: File Type ofApplication Number/Ontario Details Status Regulation Number

6.2 Has any land been/severed from the parcel originally acquired by the owner of the subject land? YES NO

IfYES. then complete the follo4ing:

Name of transferee Uses of the severed land

Land Severance ApplicationTown of Greater Napanee PLCORConsent Application 2018 056 M. Carroll, 470 County Road 9Page ... 34Pape of 3122 ______

SCHEDULE “B” TO PLANNING FEES BY-LAW

AGREEMENT TO INDEMNIFY

The applicant hereby agrees to indemnify and save harmless The Corporation of the Town of Greater Napanee (“the Municipality”) from all costs and expenses that the Municipality may incur in connection with the processing of the applicant’s application for approval under the Planning Act.

Without ]imiting the foregoing, such costs and expenses will include all legal, engineering, planning, advertising and consulting fees and charges incurred or payable by the Municipality to process the application together with all costs and expenses arising from or incurred in connection with the Municipality being required, or requested by the applicant, to appear at the hearing of any appeal to the Ontario Municipal Board from any decision of the Council or Committee of Adjustment, as the case may be, approving the applicant’s application.

The applicant acknowledges and agrees that if any amount owing to the Municipality in respect of the application is not paid when due, the Municipality will not be required to process or to continue processing the application, or to appear before the Ontario Municipal Board in support of a decision approving the application until the amount has been paid in full.

The applicant further acknowledges and agrees that any amount owing by the applicant to the Municipality is, when due, a debt of the applicant and the Municipality may, in addition to any other remedies available to it at law, recover the amount owing together with interest from the applicant by action. I)b itness Applicant /

Witness Applicant

Land Severance Application PLCOR 2018 056 M. Carroll, 470 County Road 9Page ... 35 of 122 10.0 ACKNOWLEDGEMENT

In accordance with the provisions of the Planning Act, it is the policy of the Town of Greater Napanee to provide public access to all development applications and supporting documentation.

I. ?)c e L l.ree and acknowledge that this application and any supporting (nam of applicant) material, including studies and drawings. filed with the application is public information, and forms part of the public record. As public information. I hereby consent to the Town photocopying and releasing the application and supporting materials for either its own use in the processing of the application or at the request of any third party. J1 /‘@ Signature / Date

Land Severance ApplicationTos%n of Greater \apanee PLCORConsent Application 2018 056 M. Carroll, 470 County Road 9Page ... 36 Pageof 5122

IN THE MATTER of Sections 45 and 53 of The Planning Act, TAKE NOTICE THAT the Committee of Adjustment/Land Division Committee (The Committee) of the Corporation of The Town of Greater Napanee will be considering the following application(s) for consent(s) or minor variance(s) at a public meeting on November 27 , 2018 a t 6:45 p.m.in the Council Chambers of the Town of Greater Napanee at 124 John Street, Napanee, Ontario.

If you would like to provide the Committee with your comments on any of these applications, please write to Jean Rixen, Planning Clerk. If we have not heard from you by the date of the meeting, we will assume that you have no comments or concerns regarding this matter.

If a person or public body that files an appeal of a decision of the Committee in respect of the proposed consent(s) or minor variance(s) does not make a written submission to the Committee before it gives or refuses to give a provisional consent or approval , the Local Planning Appeals Tribunal may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent(s) or minor variance(s), you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeals Tribunal hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Local Planning Appeals Tribunal by the applicant or another member of the public.

Additional information regarding the application(s) is/are available for public inspection at the Town of Greater Napanee Municipal Office at 45 Commercial Court or by contacting the Development Services Department at (613) 354-5931 Extension 2106 during regular business hours, Monday to Friday, 8:30a.m. to 4:30p.m. Please refer to the appropriate file number.

LAND SEVERANCE/CONSENT I MINOR VARIANCE:

Applicant Property Description Purpose File Number

M. Carroll 450/470 County Road 9 To permit addition PLCOR 2018 056 Pt. Lot 11, Con. 4 of 1,653 m² to N. Fredericksburgh adjoining lot.

A. & B. Haight 80 Abrams Road To create 2.5 hectare PLCON 2018 057 Pt. Lot 12, Con. 5 rural lot. N. Fredericksburgh

C. Waitson 41 Sarah St. To permit creation PLCON 2018 058 R.P. 38A, Lots 24, 25 of one residential & Pt. Lot 26 lot

D. Brown 1076 Hogsback Road To permit lot PLCON 2018 059 Part Lot 4, Con. 11 addition of Richmond approx. 4.7 ha.

D. Brown 1076 Hogsback Road To permit lot PLCOR 2018 060 Part Lot 4, Con. 11 addition of Richmond approx. 1 ha.

Land Severance Application PLCOR 2018 056 M. Carroll, 470 County Road 9Page ... 37 of 122 _ Land Severance Application PLCOR2018 056M. Carroll,470 CountyRoad 9...

PLAN OF SURVEY Of PART OF LOT 11, CONCESSION 4 Geographic Township of Frederickcburgh NOTE Boelngs en .3000069,, .06.29 49N29d horn Now in the TOWNOf GREATER NAPANEE a 300169*9029604COUNTYROADNo. 9, shoe,, onNo,, 905-6160es N217047.OE.d nOted hen,,,, COUNTYOF LENNOXAND ADDING TON 2 Rel.,enoeBeerlng. SCALE- I 590 -21290- Li EBERNORDTSURILE1INGcm. o 19 20 29 40 PART 4 PART I 295—267 29R—267

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Page 40 of122 -.çq 0’ IfLJH - cti tztq of Lennox & Addington

November 9, 2018

Mr. Michael Nobes, P. Eng. Director of Development Services Infrastructure Services 45 Commercial Court Napanee, Ontario K7R 3L4

Dear Mr. Nobes:

Application for Consent: PLCOR 2018056 Applicant(s): Margaret Carroll and Donna/Duane Lewis Affected Land(s): Lot 11, Concession 4, geographic Fredericksburgh, Town of Greater Napanee

The above matter has been reviewed by Senior Staff of the County of Lennox and Addington.

Please be advised that the County has no comments or conditions respecting this matter.

Itwould be appreciated ifa copy of the decision could be forwarded to the undersigned when it becomes available.

Sincerely,

Brenda Orchard Chief Administrative Officer

ADMINISTRATIVESERVICES Land Severance£Npane ApplicationOnno PLCORK1R4B 2018 056 terM.6i$ Carroll,54 4283 470fax County6l354 Road3112 9Page ... wwwnnoi-ddingtonn 41 of 122 ca

QUINTE CONSERVATION - PLANNING ACT REVIEW

QC File No. PL0252-2018

Municipality: Town of Greater Napanee

Owner/ Margaret Carroll/Donna & Duane Lewis Applicant: 470 County Road 9 (severed and retained), Location: Part Lot 11, Concession 4 Fredericksburgh 450 County Road 9 (benefitting)

Roll #: 11211200100240000000

Application Consent To Sever Sever a portion of 470 County Road 9 for the purposes of a lot Description: PLCOR 2018 056 addition to 450 County Road 9.

Feature: Watercourse draining into Napanee River (on retained parcel) Planning Act - Natural Hazard policies of the Provincial Policy Statement and Quinte Conservation Planning Act Review policy

Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under section 3.1 of the Provincial Policy Statement (PPS) (2014). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches and unstable bedrock. Generally the policies of the PPS direct development to areas outside of hazard lands. Staff are satisfied that the application as presented is consistent with section 3.1 of the PSS as there is sufficient area for development outside of any flood hazard.

Ontario Regulation #319/09 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses

The retained lands lie within the regulated area of a watercourse which drains into the Napanee River. Although no new development is proposed as a result of this lot addition, please note that the owners will need to apply to the Conservation Authority for a permit prior to any future development (construction / filling/ excavation/ site grading) within 30 metres of the high water mark of the watercourse. Comments:

Quinte Region Source Protection Plan

Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable to the subject property as it lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required.

Planning Act - Natural Heritage policies of the Provincial Policy Statement

Section 2.1 of the Natural Heritage policies of the Provincial Policy Statement protects features such as; Provincially significant wetlands, significant woodlands and significant areas of natural and scientific interest. As there are no apparent natural heritage features on the subject lands, staff are satisfied that the application as presented is consistent with the natural heritage policies of the Provincial Policy Statement. Final Quinte Conservation has no objection to the application as presented. Comments:

October 17, 2018 Sam Carney Date Planning & Regulations Technician

Page 1 of 1 Land Severance Application PLCOR 2018 056 M. Carroll, 470 County Road 9Page ... 42 of 122

Land Severance PLCON 2018 057 Planning Report

Report to the Committee of Adjustments

To: Chairman. Members and Secretary-Treasurer of the Committee of Adjustments From: Michael Nobes, Director of Development Services Date: November 27, 2018 Subject: Land Severance Application # PLCON 2018 057 A & B Haight – 80 Abrams Road Roll Number: 1121 110 010 27700 Legal Description: Con 5, Pt Lot 12 Former Township of N. Fredericksburgh

Purpose: The severance is intended to create one 2.5 ha lot for future residential development.

RECOMMENDATION That Land Severance Application PLCON 2018 057 to permit one rural non-farm residential lot approximately 2.5 hectares in area be approved subject to the following conditions:

1. That the taxes be paid in full. 2. The applicant shall establish a well on the severed lot. 3. The well shall be drilled, blasted, dug or a shore well and must be constructed in accordance with provincial regulations by a person licensed by the Ministry of Environment and Climate Change to install wells. 4. A pump test conducted by a licensed well driller shall establish a minimum of 3 gallons per minute over 2 hours in order to meet the minimum CMHC requirements for mortgage financing. 5. The well driller must provide a report concerning the construction of the well and the results of the pump test on the standard form of certificate required by the MOE & CC. 6. For the purposes of determining water quality, the well water shall be sampled and tested and a report prepared by either a qualified hydrogeologist or a well technician licensed by the Ministry of Environment and Climate Change under the Regulations of the Ontario Water Resources Act. 7. The water shall be tested according to the MOE & CC’s D-5-5 set of parameters for the Ontario Drinking Water Objectives. 8. The water quality report must: • Confirm that the water was sampled and tested either personally or under the supervision of the hydrogeologist or well technician;

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Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 43 of 122

Land Severance PLCON 2018 057 Planning Report

• Confirm that the water sample complies with all of the D-5-5 parameters; • Identify any features of the water that do not meet the parameters and the remedial measures necessary to bring the water into conformity with them; and • Identify any other features of the water that may affect its aesthetic character of which users should be aware.

9. If any remedial measures are recommended or other features concerning the water are identified in the well driller’s or water quality report, the Owner shall enter into a Development Agreement with the municipality in a form satisfactory to the municipality that incorporates the remedial measures and other features of the water that have been identified, and the Agreement shall be registered against the title of the property on which the well is located. 10. That deeds and a survey describing the resulting transaction be submitted to the Town.

Proposal The purpose of this application is to sever a 2.5 hectare lot from a landholding approximately 12.1 hectares in area. The subject lands consist of open field/pasture lands with treed areas and a watercourse running through the North end of the property. Also on the property are a single detached dwelling and a barn.

Location The subject lands are on the South side of County Road 9 and on the East side of Abrams Road, in the immediate area of the intersection of County Road 9 and Abrams Road (North intersection).

Severed Parcel: The proposed severed parcel is located in the Southern portion of the subject property. The frontage proposed is 106m and a depth 186m. Retained Parcel: The proposed retained parcel will be approximately 9.6 hectares in area upon creation of the proposed lot and would have frontage of approximately 550m with 190m of depth. The Northern portion of the retained parcel consists of Environmental Protection lands, being a watercourse traversing the property.

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Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 44 of 122

Land Severance PLCON 2018 057 Planning Report

Surrounding Land Uses

Lands in the vicinity of the subject parcel are a mixture of vacant open fields, some cultivated fields and wooded lands. There is a barn on the retained parcel and a barn on a neighbouring parcel located North East of the proposed severed parcel. As such, Minimum Distance Separation provisions apply and are discussed later in the report.

Existing Policies Official Plan Designation – By-law 01-28, as amended, Town of Greater Napanee Designation: “Rural” & “Environmental Protection”

The Official Plan of the Town of Greater Napanee designates the property as “Rural” with some portions “Environmental Protection”.

Rural non-farm residences are permitted by the Official Plan.

The area in which the severance is proposed is within the “Rural” designation; however, the Northerly area of the retained lands is identified as an “Environmentally Sensitive Area” associated with a watercourse traversing the site. In addition to this Environmentally Sensitive Area in the North, “Significant Woodlands” abut the proposed severed parcel on the Western property boundary. The significant woodlands are not located on the proposed severed or retained lands, however the Cataraqui Region Conservation Authority (CRCA) have reviewed the proposed consent application and have indicated that development is to occur outside of a 120m buffer area from the significant woodlands. The CRCA’s review states that staff are satisfied that development may occur outside of this 120m buffer area and that further development may be possible outside of the required 30m waterbody setback located in the North of the retained lands.

Based on the size of the proposed severed parcel for residential development, it appears there is sufficient area to allow development to occur without causing negative impacts to the natural features. As such, CRCA have no objection to the approval of the new lot creation.

Zoning By-law – By-law 02-22, as amended, Town of Greater Napanee Zoned “RU (Rural)” & “EP (Environmental Protection)”

The subject lands are zoned “RU (Rural)” in the comprehensive Zoning By-law 02-22. P g . 3 | 5

Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 45 of 122

Land Severance PLCON 2018 057 Planning Report

A Northerly portion of the retained parcel is zoned “EP (Environmental Protection)”. This portion of land will remain with the retained parcel.

The proposed severed and retained parcels comply with the provisions of the RU zone for residential purposes and non-residential purposes.

Minimum Distance Separation (MDS) requirement 1 regulates the expansion or construction of non-agricultural uses in the RU zone. Using the AgriSuite software issued by the Ministry of Agricultural, Food and Rural Affairs (OMAFRA), staff have analyzed the MDS 1 requirements for the barn on the retained lands and a required setback from this barn to the new severed lot is 119m. The proposed severed lot is to be located greater than 119m from the barn on the retained land.

The proposal is consistent with the Zoning By-Law.

Conclusions The proposed severance is in conformity with the Provincial Policy Statement, Official Plan policies permitting rural non-farm residential development in the rural area where it will not adversely affect other traditional rural activities and with the provisions of the comprehensive Zoning By-law.

The subject lands are suitable for the proposed use; therefore approval of the application is recommended subject to the following conditions: 1. That the taxes be paid in full;

2. The applicant shall establish a well on the severed lot.

3. The well shall be drilled, blasted, dug or a shore well and must be constructed in accordance with provincial regulations by a person licensed by the Ministry of Environment and Climate Change to install wells.

4. A pump test conducted by a licensed well driller shall establish a minimum of 3 gallons per minute over 2 hours in order to meet the minimum CMHC requirements for mortgage financing.

5. The well driller must provide a report concerning the construction of the well and the results of the pump test on the standard form of certificate required by the MOE & CC. P g . 4 | 5

Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 46 of 122

Land Severance PLCON 2018 057 Planning Report

6. For the purposes of determining water quality, the well water shall be sampled and tested and a report prepared by either a qualified hydrogeologist or a well technician licensed by the Ministry of Environment and Climate Change under the Regulations of the Ontario Water Resources Act.

7. The water shall be tested according to the MOE & CC’s D-5-5 set of parameters for the Ontario Drinking Water Objectives.

8. The water quality report must:

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Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 47 of 122 Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario K7R 3L4 Application for Consent (severance)

For office use only Date Received Date Complete File so(s) Fee(s) Paid 10/1 o

1.0 APPLICANT INFORMATION

1.1 Complete the information below and indicate which contact is the Prime Contact (to whom all communications will be directed).

Regis

1SOq (-\-k Fax f sç cs ck5 JCCOU Honin’C..ti c-\•lr1

Applicant(s) Business

%jsso... . Fax ‘j-c -

Home, ftt

p-..,-

Agent, if any (eg Planning Consultant) Business

Fax

Home,’Cell

E-mail

Solicitor Business rc 3 e.. S-E Fax c- SLI ii ‘4 / 0

&‘9i2 1J E-mail

If a company, please give name and phone number(s) of principal owner (or president).

2.0 PROPERTY INFORMATION

Lot(s)/Block(s) Concession Registered Plan No. ‘ S Reference Plan No, Part(s) Parcel No.

Former Municipality Municinal Addresc

Assessment’Roll #: k\ \\o \crflcD.OOOO

Town of Greater Napanee Consent Application Page I Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 48 of 122 2. I Particulars of the Subject Land (use metric units):

Frontage Average Depth Area cç Current Official Plan Designation Current Zoning Designation gAra

2.2 Are there any easements or restrictive covenants affecting the subject land? YES NO If YES. describe each easement or covenant and its effect.

3.0 EXISTING USES Of THE SUBJECT LANDS

3.1 What are the existing uses of the subject lands? Land Intended to be Retained I Land Intended to be Severed f

3.2 List any existing Buildings or Structures on the Property

Yard Setbacks Number Ground Building of Floor BuildinglStructure Height Area Front Rear Side Side Storeys

Land \-ousQ. 9 jy Ow c:Q a.,, to be Retained

Land to be L Severed 3.3 Is the subject land (or buildings) subject to a demolition control by-law or is it designated or identified for possible designation under the Ontario Heritage Act? j YES Lo

4.0 PROPOSED DIMENSIONS AND USES OF THE SUBJECT LANDS

4.1 Dimensions of the proposed lots (in metric units) Frontage I Average Depth I Area Land intended to be retained I Land intended

to be severed - OO

4.2 What are the proposed uses of the subject lands? Land Intended to be Retained I Land Intended to be Severed id.

Land Severance ApplicationTown of Greater PLCONNapanee Consent 2018Application 057 A. & B. Haight, 80 Abrams Road...Page 49 of 122Page 2 4.3 List any Proposed Buildings and Structures

Yard Setbacks Number . Ground Buildina/Structure. . Building of . floor Height Front Rear Side Side Stores Area S\.-h 4’ ho 9 I

‘) o

4.4 Attach a sketch shoing (in metric units): a) The boundaries and dimensions of the subject land; b) The location, size and type of all existing and proposed buildings and structures on the stibject land. indicating their distance from the lot lines; c) The approximate location of all natural and artificial features located on the subject land or adjacent land that might affect that application; d) The current uses of land that is adjacent to the subject land; e) The location, width, name and type of any roads within or abutting the subject land; 0 The location of parking and docking facilities if access is to be b water only; and g) The location and nature of any easements affecting the subject land.

5.0 NATURE OF PROPOSED CONSENT

5.1 Describe the type and purpose of the proposed transaction (e.g. a transfer for the creation of a new lot, a lot addition, an easement, a charge. a lease or a correction of title). co.+nior. oc Ck f\Qj\,

6.0 HISTORY OF OTHER PLANNING APPLICATIONS

6.1 Flas there ever been an applic ion for a consent or approval of a plan of subdivision involving the subject land? YES NO

If YES. and if known. list below or attach on a separate page: File I Type ofApplication Number/Ontario Details Status Reaulation Number

]_____

6.2 Has any land been severed from the parcel originally acquired by the owner of the subject land? YES ‘NO

IfYES. then complete the following:

Date of transfer Name of transferee Uses of the severed land

Town of Greater Napanee Consent Appitcation Pae 3 Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 50 of 122 ______

7.0 SERVICING 7.1 Indicate the existing and proposed servicing type for the subject land. Water Supply Retained Severed Sewage Disposal Retained Severed Public piped water system Public piped sewage system 1J Private communal well(s) Private communal septic system LI LI Private individual well(s) Individual septic system(s) El Lake or other water body Privy [1 [] Other means Other means [1 El

Storm Drainage Retained Severed Access Retained Severed Sewers Provincial highway El El Ditches or swales County Road El El Other means E] El Municipal road rater LI [1 Other means LI LI

8.0 DECLARATION

I. _A\.ts -\ctci’r . of the ¶ococ E cj-e-v tCCca.TiQL. in the (name of app.lcant) (name of municipality/township) County of cwxd A -0jot solemnly declare that all the information contained in this application and any supporting documents is true.

Declared before me at the Town of Greater Napanee in the County of Lennox and Addington this 1O

day of (c*dyQ-v ,

- Commissioner of Oaths Q Apphcar dean tiien tixen, a ommlssloner, etc., Province of Ontado, for the Town of c3reater Napanee. 9.0 ER1 3fHORIZATION (if the applicant is not the owner)

I, ,4\ of thelc ‘c c, in the name of owr) (name of municipality/bwnship) County of1ejiyc; d am the owner of the land that is the subject of this application for a consent and I hereby- authorize to act as my agent in this application.

Signature of Owner

Land Severance ApplicationTown of Greater Napanee PLCONConsent Appitcation2018 057 A. & B. Haight, 80 Abrams Road...Page 51 ofPage 1224 10.0 ACKNOWLEDGEMENT

In accordance with the provisions of the Planning Act, it is the policy of the Town of Greater Napanee to provide public access to all development applications and supporting documentation.

agree and acknowledge that this application and any supporting (name of appl4nt)

material, including studies and drawings. filed with the application is public information, and forms part of the public record. As public information. I hereby consent to the Town photocopying and releasing the application and supporting materials for either its own use in the processing of the application or at the request of any third party.

- Signature Date

Town otGreater apanee Consent Application Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 52Page of5 122

Page 53 of 122 of 53 Page Road... Abrams 80 Haight, B. & A. 057 2018 PLCON Application Severance Land

Witness Applicant

s W;tn Applicit

applicant by action.

other remedies available to at it law, recover the amount owing together with interest from the

Municipality is, a when due, of debt the applicant and the Municipality may, in addition to any

The further applicant acknowledges and agrees any that amount by owing the applicant to the

of a decision approving application the until the amount has been in full. paid

processing continue the application, or to appear before OntarIo the Municipal Board in support

of application the not paid is when due, the Municipality will not be required to process to or

The applicant acknowledges and agrees if that amount any owing to the Municipality in respect

Committee of Adjustment, the as case be, may approving the applicant’s application.

of hearing any to appeal the Ontario Municipal from Board any decision of the Council or

connection with the Municipality being required, or requested the by applicant, to appear at the

process application the together with all costs and expenses arising or from incurred in

planning, advertising and consulting fees and charges incurred or by payable the Municipality to

Without limiting the foregoing, such costs and expenses will all include legal, engineering,

Planning Act.

incur connection in with the processing of the applicant’s application for approval the under

Greater Napanee (“the Municipality”) from all costs and expenses that the Municipality may

The applicant hereby agrees to indemnify and save harmless The Corporation of the Town of

AGREEMENT TO INDEMNIFY

PLANNING FEES BY-LAW

SChEDULE “B”

IN THE MATTER of Sections 45 and 53 of The Planning Act, TAKE NOTICE THAT the Committee of Adjustment/Land Division Committee (The Committee) of the Corporation of The Town of Greater Napanee will be considering the following application(s) for consent(s) or minor variance(s) at a public meeting on November 27 , 2018 a t 6:45 p.m.in the Council Chambers of the Town of Greater Napanee at 124 John Street, Napanee, Ontario.

If a person or public body that files an appeal of a decision of the Committee in respect of the proposed consent(s) or minor variance(s) does not make a written submission to the Committee before it gives or refuses to give a provisional consent or approval , the Local Planning Appeals Tribunal may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent(s) or minor variance(s), you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeals Tribunal hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Local Planning Appeals Tribunal by the applicant or another member of the public.

Additional information regarding the application(s) is/are available for public inspection at the Town of Greater Napanee Municipal Office at 45 Commercial Court or by contacting the Development Services Department at (613) 354-5931 Extension 2106 during regular business hours, Monday to Friday, 8:30a.m. to 4:30p.m. Please refer to the appropriate file number.

LAND SEVERANCE/CONSENT I MINOR VARIANCE:

Applicant Property Description Purpose File Number

M. Carroll 450/470 County Road 9 To permit addition PLCOR 2018 056 Pt. Lot 11, Con. 4 of 1,653 m² to N. Fredericksburgh adjoining lot.

A. & B. Haight 80 Abrams Road To create 2.5 hectare PLCON 2018 057 Pt. Lot 12, Con. 5 rural lot. N. Fredericksburgh

C. Waitson 41 Sarah St. To permit creation PLCON 2018 058 R.P. 38A, Lots 24, 25 of one residential & Pt. Lot 26 lot

D. Brown 1076 Hogsback Road To permit lot PLCON 2018 059 Part Lot 4, Con. 11 addition of Richmond approx. 4.7 ha.

D. Brown 1076 Hogsback Road To permit lot PLCOR 2018 060 Part Lot 4, Con. 11 addition of Richmond approx. 1 ha.

Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 54 of 122 ci)

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Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 55 of 122 C N Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...

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• KFL&A Public Health

http://www.kflapublichealth.ca CONSENT TO SEVER Environmental Health Department INSPECTION REPORT File Number: Receipt Number: PLCON-2018-057 NS-34-18 Owner(s): Benjamin & Alyssa Haight (80 Abrams Road) Municipality: Ward / Former Township: Town of Greater Napa flee North Fredericksburgh Lot: Concession: Registered Plan: Part(s): Plan of Subdivision: Sublot: 12 5

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

Severed: 6.11 acres of exisitng farmland and treed in area. Gradual slope with no well or septic system located on proposed severed land.

Retained: 23.9 acres of farm and treed in land. Existing septic system/well located on retained parcel of land. Barn also located on retained land.

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.

Severed Depth of Soil Retained Topsoil 0.0 m [Description of soil] Clay 0.3 m 0.6m Clay > 0.9m Ground Water —--> 1.2m 1.5 m

Percolation rate (estimated): 50mm/cm Percolation rate (estimated): [mm/cm]

NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availabIlity of sufficient area for a larger septic tank system. Suitability for on-site sewage disposal: SEVERED Conditions: The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to P• Satisfactory Construct a Sewage System. Before any soil is removed please contact this F Unsatisfactory office for a septic system application. P Site Flexible F Site SpecIfic

RETAINED Conditions: The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Satisfactory P Construct a Sewage System. F Unsatisfactory P Site Flexible F Site Specific

Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road...Page 59 of 122

Land Severance PLCON 2018 058 Planning Report

Report to the Committee of Adjustments

To: Chairman. Members and Secretary-Treasurer of the Committee of Adjustments From: Michael Nobes, Director of Development Services Date: November 27, 2018 Subject: Land Severance Application # PLCON 2018 058 M. Waitson – 41 Sarah Street Roll Number: 1121 120 010 15206 / 1121 120 010 15300 Legal Description: Plan 38A Lots 24, 25 & Pt. Lot 26 Former Township of N. Fredericksburgh

Purpose: The severance is intended to create a residential lot of 820m2.

RECOMMENDATION That Land Severance Application PLCON 2018 058 to permit one residential lot approximately 820m2 in area be approved subject to the following conditions:

1. That the taxes be paid in full. 2. That deeds and a survey describing the resulting transaction be submitted to the Town.

Proposal

The purpose of the application is to sever approximately 820m2 to create a residential lot in the urban area of the municipality. The subject lands are located between residential lots on Sarah Street and abut residential lands to the West on Edgewood Drive. The properties are part of an old plan of Subdivision, plan 38A, where the existing house was inadvertently located across the lot boundary as noted in the sketch. The applicant owns the land noted as lots 24, 25 and 26 on the sketch and the proposed severance will bring the existing house into compliance with the side yard setback requirements of the zoning by-law.

Location The subject lands are on the West side of Sarah Street, North of the dead-end to the South. Both the proposed severed and retained lots are fully serviced in the urban area of the municipality.

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Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal De...Page 60 of 122

Land Severance PLCON 2018 058 Planning Report

Severed Parcel: The proposed severed parcel is located South of the existing residential dwelling. The frontage proposed for the severed parcel is 18m and a depth of 46m with an area of 820m2. Retained Parcel: The proposed retained parcel will be approximately 1,360m2 in area upon creation of the proposed lot and would have frontage of approximately 30m with 46m of depth.

Surrounding Land Uses

As previously noted, the lands are between residential lots on Sarah Street and abut residential lots to the West on Edgewood Drive. Further to the South are vacant fields used as farmland.

Existing Policies Official Plan Designation – By-law 01-28, as amended, Town of Greater Napanee Designation: “Low Density Residential”

The Official Plan of the Town of Greater Napanee designates the property as “Low Density Residential” in which single-unit residences are permitted.

The proposal is consistent with the Official Plan.

Zoning By-law – By-law 02-22, as amended, Town of Greater Napanee Zoned: “R1 (Residential Type 1)”

The lands are within the R1 zone in which single detached dwellings are permitted. The proposed severed and retained lots will meet the lot area and frontage standards as per the provisions of the zoning by-law. The retained lot will come into compliance with the required side yard setback as a result of the transaction.

The proposal is consistent with the Zoning By-Law.

Conclusions The proposed severance is in conformity with the Provincial Policy Statement, Official Plan and with the provisions of the comprehensive Zoning By-law. P g . 2 | 3

Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal De...Page 61 of 122

Land Severance PLCON 2018 058 Planning Report

P g . 3 | 3

Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal De...Page 62 of 122 ______

Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario K7R 3L4 Application for Consent (severance)

Lot office use Only Date Received Date Complete File No(s) Fee(s) Paid O 5cu1 tLCO’- 2 (Y

1.0 APPLICANT INFORMATION

1.1 Complete the information below and indicate which contact is the Prime Contact (to vhom all communications will be directed).

Name Address Phone/faxlE-mail Registered Owner(srt Business CI’tc’e C ioui

. • Fax

I-tome Cell

E-mail

Apphicaatls) Business \‘J( Fax

H,oe (‘eli

E-mail

Agent, ifanv leg. Planning Consultant) iness

t(ome.’Cell

E-mail

Solicitor Business

Cu’ Fax

Home Cell

E-mail

lEa company, please give name and phone number(s) of principal owner (or president).

2.0 PROPERTY INFORMATION

rLot(s)i’Block(s) Concession Registered Plan No.

a, I Reference Plan No Part(s) Parcel No. 3c\. Former Municipality Municipal Address k4 c’Q r’Lt Assessment Roll #:

Town of Greater Napanee Consent Application Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal De...Page 63 Pageof 122I 2.1 Particulars of the Subject Land (use metric tinits):

Frontage Average Depth Area

Ctirrent Otlicial Plan Designation Current Zoning Designation

2.2 Are there any easements or restrictive covenants affecting the subject land? YES NO If YES, describe each easement or covenant and its etiect.

3.0 EXISTING USES Of THE SUBJECT LANDS

3.1 What are the existing uses of the subject lands? Land Intended to be Retained I Land Intended to be Severed Q&ic\

3.2 List any existing Buildings or Structures on the Propcrt

Yard Setbacks Number Ground Building Building/Structure ot’ Floor I leight Front Rear Side Side Storeys Area

. j. Land c,L to be Retained

Land to be Severed__j

3.3 Is the subject land (or buildings) subject to a demolition control by-law or is it designated or identified for possible designation cinder the Ontario Heritage Act? YES

4.0 PROPOSED DIMENSIONS AND USES OF THE SUBJECT LANDS

4.1 Dimensions of the proposed lots (in metric units) Frontage I Average Depth I Area

Land intended . I to be retained 3..) ‘c’-’ . Cr I Land intended to be severed

4.2 What are the proposed uses of the subject lands?

Land Intended to be Retained Land Intended to be Severed

Land Severance ApplicationTown of Greater Napanee PLCONConsent Appticaiion 2018 058 M. Waitson, Sarah St. Legal De...Page 64 ofPage 1222 4.3 List any Proposed Buildings and Structures

4.4 Attach a sketch showing (in metric units): a) The boundaries and dimensions of the subject land; b) The location, size and type of all existing and proposed buildings and structures on the subject land, indicating their distance from the lot lines; c) The approximate location of all natural and artificial features located on the subject land or adjacent land that might affect that application; d) The current uses of land that is adjacent to the subject land; e) The location. width, name and type of any roads within or abutting the subject land; f) The location of parking and docking facilities if access is to be by water only; and g) The location and nature of any easements affecting the subject land.

5.0 NATURE OF PROPOSED CONSENT

5.1 Describe the type and purpose of the proposed transaction (e.g. a transfer for the creation of a new lot, a lot addit n, an eas ment. a charce. a lease or a correction of title). Y ccec c2 u t

6.0 HISTORY OF OTHER PLANNING APPLICATIONS

6.1 Has there ever been an application or a consent or approval of a plan of subdivision involving the subject land? YES I If YES. and if known, list below or attach on a separate page:

File Type ofApplication Number/Ontario Details Status Reaulation Number

i’JjPr

6.2 Has any land been severed from the parcel originally acquired by the owner of the subject land?

YES ‘

IfYES, then complete the following:

Date of transfer Name of transferee Uses of the severed land

Town of Greater Napanee Consent Appitcation Page 3 Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal De...Page 65 of 122 ______

7.0 SERVICING

7.1 Indicate the existing and proposed servicing type for the subject land. Water Supply Retained Severe Sewage Disposal Retained Severed Public piped water system Public piped sewage system

Private communal well(s) Private communal septic system

Private individual well(s) Individual septic system(s)

Lake or other water body Privy Other means Other means El

Storm Drainage Retained Severed Access Retained Severed Sewers Provincial highway

Ditches or swales j( County Road Other means Municipal road ,2i Water

Other means

of the G\C in the

(name of’applica t) , (name of municipality/township) County declare that all the int’ormation contained in this application and any supporting documents is true.

Declared before me at the Town of Greater Napanee in the County of Lennox and Addington this das of______/f7 -

(/ CommissionerotOaths Applicant ]fl Ellen Rln, CommIssioner, etc., Province of Qntao, for the Town vi Gwalr Npanee. 9.0 (ifthe applicant is not the owner)

I. iGit C. . of the 1p in the (name ofov net) (name of municipalitytownship) County of LinAc am the owner of the land that is the subject of this application for a consent and I hereby authorize to act as my agent in this application.

y Signature of Owner

Land Severance ApplicationTown of Greater Napanee PLCONConseni fkpplicaflon 2018 058 M. Waitson, Sarah St. Legal De...Page 66 Pageof 1221 10.0 ACKNOWLEDGEMENT

In accordance with the provisions of the Planning Act, it is the policy of the Town of Greater Napanee to provide public access to all deelopment applications and supporting documentation.

I. k-onoi . agree and acknowledge that this application and any supporting (name of applicant) material, including studies and drawings. filed with the application is public information, and forms part of the public record. As public information. I hereby consent to the Town photocopying and releasing the application and supporting materials for either its own use in the processing of the application or at the request of any third party.

K’? , Signature

Town of Greater Napanee Consent Apphcation Page 5 Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal De...Page 67 of 122 ______

SChEDULE “B” TO PLA4ING FEES BY-LAW

AGREEMENT TO INDEMNIFY

Without limiting the foregoing, such costs and expenses will include all legal, engineering, planning, advertising and consulting fees and charges incurred or payable by the Municipality to process the application together with all costs and expenses arising from or incurred in connection with the Municipality being required, or requested by the applicant, to appear at the hearing of any appeal to the Ontario Municipal Board from any decision of the Council or Committee of Adjustment, as the case may be, approving the applicant’s application.

W tness Acpiicant

Witness Applicant

Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal De...Page 68 of 122

IN THE MATTER of Sections 45 and 53 of The Planning Act, TAKE NOTICE THAT the Committee of Adjustment/Land Division Committee (The Committee) of the Corporation of The Town of Greater Napanee will be considering the following application(s) for consent(s) or minor variance(s) at a public meeting on November 27 , 2018 a t 6:45 p.m.in the Council Chambers of the Town of Greater Napanee at 124 John Street, Napanee, Ontario.

If a person or public body that files an appeal of a decision of the Committee in respect of the proposed consent(s) or minor variance(s) does not make a written submission to the Committee before it gives or refuses to give a provisional consent or approval , the Local Planning Appeals Tribunal may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent(s) or minor variance(s), you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeals Tribunal hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Local Planning Appeals Tribunal by the applicant or another member of the public.

Additional information regarding the application(s) is/are available for public inspection at the Town of Greater Napanee Municipal Office at 45 Commercial Court or by contacting the Development Services Department at (613) 354-5931 Extension 2106 during regular business hours, Monday to Friday, 8:30a.m. to 4:30p.m. Please refer to the appropriate file number.

LAND SEVERANCE/CONSENT I MINOR VARIANCE:

Applicant Property Description Purpose File Number

M. Carroll 450/470 County Road 9 To permit addition PLCOR 2018 056 Pt. Lot 11, Con. 4 of 1,653 m² to N. Fredericksburgh adjoining lot.

A. & B. Haight 80 Abrams Road To create 2.5 hectare PLCON 2018 057 Pt. Lot 12, Con. 5 rural lot. N. Fredericksburgh

C. Waitson 41 Sarah St. To permit creation PLCON 2018 058 R.P. 38A, Lots 24, 25 of one residential & Pt. Lot 26 lot

D. Brown 1076 Hogsback Road To permit lot PLCON 2018 059 Part Lot 4, Con. 11 addition of Richmond approx. 4.7 ha.

D. Brown 1076 Hogsback Road To permit lot PLCOR 2018 060 Part Lot 4, Con. 11 addition of Richmond approx. 1 ha.

Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal De...Page 69 of 122 ______

SEVERANCE SKETCE GRANTORS NAME Marion Waitson

ADDRESS 4 Sarah Street, Napanee ON AU of LOTS 24 & 25, & Part of LOT 26 LOCATION Registered Plan No. 38A, Geograic ..

Parcel to be RETAINED

AREA = 1360 m2± 0 -H Cl) Cl)

L LOT UNE 0

Cl)

CD -H — LLOT UNE -H — 0 Parel to be — 0 SEVI‘RED AREA 820 m2±

45.57 Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal De...Page 70 of 122 Ir — c:;y of Lennox& !lddington

November 9, 2018

Mr. Michael Nobes, P. Eng. Director of Development Services Infrastructure Services 45 Commercial Court Napanee, Ontario K7R 3L4

Dear Mr. Nobes:

Application for Consent: PLCON 2018-058 Applicant(s): Marion/Chris Waitson Affected Land(s): Lot 26, Concession 6, geographic Fredericksburgh, Town of Greater Napanee

The above matter has been reviewed by Senior Staff of the County of Lennox and Addington.

Please be advised that the County has no comments or conditions respecting this matter.

It would be appreciated if a copy of the decision could be forwarded to the undersigned when it becomes available.

Sincerely,

Brenda Orchard Chief Administrative Officer

1DMINISTRATWESERVICES L,Napanee, tel: 61L34 fax t3.354.3I 12 wwwJe Land SeveranceFst Application PLCON 2018 058 M. Waitson, Sarah St. Legal De...Page 71 of 122

Land Severance PLCON 2018 059 Planning Report

Report to the Committee of Adjustments

To: Chairman. Members and Secretary-Treasurer of the Committee of Adjustments From: Michael Nobes, Director of Development Services Date: November 27, 2018 Subject: Land Severance Application # PLCON 2018 059 A. Brown – 1076A Hogsback Road Roll Number: 1121 090 070 16700 Legal Description: Con. 11 Pt. Lot 3 Pt. Lot 4 Former Township of Richmond

Purpose: To permit a lot addition of 4.07 hectares to be added to the adjacent existing lot.

RECOMMENDATION That Land Severance Application PLCON 2018 059 to permit a lot addition of 4.07 hectares to an abutting lot be approved subject to the following conditions:

1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 090 070 16602, currently owned by D. Brown and L. Burke. 3. That a right-of-way be created over the applicant’s property identified as Roll Number 1121 090 070 16700 in favour of the property owned by D. Brown and L. Burke identified as Roll Number: 1121 090 070 16602. 4. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 5. That deeds and a survey describing the resulting transaction be submitted to the Town.

Proposal

The purpose of the application is to sever approximately 4.07 hectares from the subject land to be added to a family member’s adjacent lot.

P g . 1 | 3

Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 72 of 122

Land Severance PLCON 2018 059 Planning Report

Location

The subject properties are on the North side of Lime Lake to the West of County Road 41 and immediately South of the boundary with Hastings County.

Severed Parcel: The severed parcel is approximately 4.07 hectares in area immediately South of the road allowance between Richmond and the Municipality of Tweed. Retained Parcel: The retained parcel is to the West of the lot to which the addition is to be made and is occupied by a residence.

Surrounding Land Uses

Lands in the vicinity are generally wooded and interspersed with shoreline residences along the lakeshore. The North limit of the subject lands is the road allowance between Lennox & Addington and Hastings Counties, beyond which is a farm through which the residences on Lime Lake obtain access to Hogsback Road.

Existing Policies Official Plan Designation – By-law 01-28, as amended, Town of Greater Napanee Designation: “Rural”

The shoreline residential and passive recreational uses made of both the severed and retained lands are in conformity with the policies of the Official Plan.

The Official Plan does not normally permit the creation of new lots with access by private right-of-way; in this instance however, the residential use is already established and no new development is proposed. The result is a reconfiguration of the lots but not new development nor additional lots will result.

Zoning By-law – By-law 02-22, as amended, Town of Greater Napanee Zoned: “RU (Rural)” at the Northern end and “SR (Shoreline Residential)” adjacent Lime Lake.

The existing shoreline residences and recreational uses of the subject lands are permitted by the by-law. P g . 2 | 3

Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 73 of 122

Land Severance PLCON 2018 059 Planning Report

Section 4.12 b) of the by-law permits development on private rights-of-way where lots are existing. In this instance, the residences are already established as is the use of private means of access. No new development is proposed and the application will not create any new lots, but rather, will reconfigure the existing lot fabric and bring the recipient lot into greater compliance with the lot area provisions of the zoning by-law.

The proposal is consistent with the Zoning By-Law.

Conclusions The proposed application to permit a lot addition is in conformity with the Provincial Policy Statement, Official Plan and with the provisions of the comprehensive Zoning By-law.

The subject lands are suitable for the proposed use and the proposed lot will permit development compatible with surrounding land uses. No objections have been received from agencies or the public. Approval of the application is therefore recommended subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 090 070 16602, currently owned by D. Brown and L. Burke. 3. That a right-of-way be created over the applicant’s property identified as Roll Number 1121 090 070 16700 in favour of the property owned by D. Brown and L. Burke identified as Roll Number: 1121 090 070 16602. 4. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 5. That deeds and a survey describing the resulting transaction be submitted to the Town.

P g . 3 | 3

Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 74 of 122 Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario K7R 3L4 Application for Consent (severance)

For office use only Date Received Date Complete File No(s) tee(s) Paid fLLc

1.0 APPLICANT IN FORMATION

1.1 Complete the inlormation below and indicate which contact is the Prime Contact (to whom all communications will he directed).

Name Address Phone/Fax/E-mail Registered OwIier)s)* t3asiuess

/1i’ ‘ Fax

E-mail

AppI cant) SI Dusiness )// /R€) Fax

‘‘‘3’c- ,—j I loitie/Cell

E-inai I

Agent, if aiiy leg. Platiniag Consiillaiit ) I A , Husittess

/5’a’l Fax

Home/Cell

t-Ititti, j .1_.

Solicitor ousiness

Fax

I mine/Cd i

E-mail

* Ifa company, please give name and phone number(s) ot’principal owner (or president),

2.0 PROPERTY INFORMATION

Lot(s)/H lock(s) Concession Registered Plan No, —, 7/ Rel’erence Plan No Part(s) Parcel No. %9. - Former Municipality Municipal Address I /4 / /O7/ ? / ‘/d ,‘i Assessment Roll #: liLt ot7U 1Cioo

iowa of Cireater Napanee Consent Application Page I Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 75 of 122 2.1 Particulars of the Subject Land (use metric units):

frontage Average Depth Area

Official llan Designation Current Zoning Designation - - / A” Current ,. / //7/ ,t.

2.2 Are there any easements or restrictive covenants affecting the subject land? YES NO If YES, describe each easement or covenant and its effect.

3.0 EXISTING USES Of THE SUBJECT LANDS

3.1 What are the existing uses of the subject lands? to he Retained Land Intended to be$eyered Z-/tco,oLand Intended / d7

3.2 List any existing Buildings or Structures on the Property

Yard Setbacks Number . . Ground . . Building of . Floor Building/Structure 1-leight Area Front Rear Side Side Storeys

Land

tobe -_____ Retained

Land to be Severed

3.3 Is the subject land (or buildings) subject to a demolition control by-law or is it designated or identi lied for possible designation under the Ontario Fleritage Act? YES NO

Town of Greater Napanee Consent Appbcaiion Page 2

Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 76 of 122 4.3 List any Proposed Buildings and Structures

Yard Setbacks Number . . Ground . . - Building BLItIding/Structure ot . Floor I leight Front Rear Side Side Storeys Area ,il/v caS

“- %//?:7

. %ic

4.4 Attach a sketch showing (in metric tinits): a) The boundaries and dimensions of the subject land; h) The location, size and type of all existing and proposed buildings and structures on the sLiblect land, indicating their distance trom the lot lines; c) The approximate location of all natural and artificial features located on the subject land or adjacent land that might affect that application; d) The current uses of land that is adjacent to the subject land; e) The location, width, name and type of any roads within or abutting the subject land; f) The location of parking and docking facilities if access is to be by water only; and g) ‘fhe location and nattire of any easements aft’ecting the subject land.

5.0 NATURE OF PROPOSED CONSENT

5.1 Describe the type and purpose of the proposed transaction (e.g. a transfer for the creation of a ne lot, a lot addition, an easement, a charge. a lease or a correction of title). f/%-?7

6.0 HISTORY OF OTI-IER PLANNINC APPLICATIONS

6.1 I-las there ever been an application for a consent or approval of a plan of subdivision involving the subject land? YES NO

If YES, and if known, list below or attach on a separate page:

File Type of Application Number/Ontario Details Status Regulation Number

6.2 Has any land been severed from the parcel originally acquired by the owner of the subject land? YES NO

IfYES, then complete the following:

Date of’ transfer Name of transferee Uses of the severed land

Town of Greater Napanee Consent AppIicaton Page Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 77 of 1223 ______

7.0 SERVICING

7.1 Indicate the existing and proposed servicing type for the subject land. gfSrnlv Retained Severed Sewage Disposal Retained Severed Public piped water system Public piped sewage system

Private communal well(s) Private communal septic system

Private individual well(s) Individual septic system(s)

Lake or other water body Privy

Other means Other means

Stoma Drainage Retained Severed Access Retained Severed Sewers Provincial highway

Ditches or swales County Road

Other means Municipal road

Water

Other means

8.0 DECLARATION

. of the %&iin the n’ZncJfapplicant (name ot municipality/township)

County of i 7solemnly declare that all the information contained in this application and any supporting documents is true.

t’ Declared before me at the Town of Greater Napanee in the County of Lennox and Addington this 2t. (i’

Commissioner of Oaths JAplicant

Jean Ellen Rlxen, a Commissioner, etc., rtuvuic Qi vniano, TOrme town 9.0 g WPM!HORIZATION (if the applicant is not the owner) Expires May 10, 2020. I. of the the (name ol owner) (name fmunicipalitynownshi County of te&y —the owner of the land that is the subject of this application thr a consent and I hereby authorize to act as my agent in this application.

tctreotOvner

town of Greater Napanee Consent Application Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 78 ofPage 1221 10.0 ACKNOWLEDGEMENT

In accordance with the provisions of the Planning Act, it is the policy of the Town of Greater Napanee to provide public access to all development applications and supporting documentation.

agree and acknowledge that this application and any supporting (na4ie of’ applicant)

material, including studies and drawings, filed with the application is public information, and forms part of the public record. As public inlbrmation. I hereby consent to the Town photocopying and releasing

the application and supporting materials for either its own tise in the processing of the application or at the recitlest of any third party.

iture <% a

Town of Gieater Napanee Consent Application Page 5 Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 79 of 122 SChEDULE “B” To PLANNING FEES BY-LAW

AGREEMENT TO INDEMNIFY

Applicant /

Witness Applicant

Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 80 of 122

IN THE MATTER of Sections 45 and 53 of The Planning Act, TAKE NOTICE THAT the Committee of Adjustment/Land Division Committee (The Committee) of the Corporation of The Town of Greater Napanee will be considering the following application(s) for consent(s) or minor variance(s) at a public meeting on November 27 , 2018 a t 6:45 p.m.in the Council Chambers of the Town of Greater Napanee at 124 John Street, Napanee, Ontario.

If a person or public body that files an appeal of a decision of the Committee in respect of the proposed consent(s) or minor variance(s) does not make a written submission to the Committee before it gives or refuses to give a provisional consent or approval , the Local Planning Appeals Tribunal may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent(s) or minor variance(s), you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeals Tribunal hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Local Planning Appeals Tribunal by the applicant or another member of the public.

Additional information regarding the application(s) is/are available for public inspection at the Town of Greater Napanee Municipal Office at 45 Commercial Court or by contacting the Development Services Department at (613) 354-5931 Extension 2106 during regular business hours, Monday to Friday, 8:30a.m. to 4:30p.m. Please refer to the appropriate file number.

LAND SEVERANCE/CONSENT I MINOR VARIANCE:

Applicant Property Description Purpose File Number

M. Carroll 450/470 County Road 9 To permit addition PLCOR 2018 056 Pt. Lot 11, Con. 4 of 1,653 m² to N. Fredericksburgh adjoining lot.

A. & B. Haight 80 Abrams Road To create 2.5 hectare PLCON 2018 057 Pt. Lot 12, Con. 5 rural lot. N. Fredericksburgh

C. Waitson 41 Sarah St. To permit creation PLCON 2018 058 R.P. 38A, Lots 24, 25 of one residential & Pt. Lot 26 lot

D. Brown 1076 Hogsback Road To permit lot PLCON 2018 059 Part Lot 4, Con. 11 addition of Richmond approx. 4.7 ha.

D. Brown 1076 Hogsback Road To permit lot PLCOR 2018 060 Part Lot 4, Con. 11 addition of Richmond approx. 1 ha.

Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 81 of 122 SEVERANCE SKETCH

GRANTORS NAME Dorothy Brown

ADDRESS

LDCATIDN Part of LOTS S & 4, CONCESSION II. Geographic Township of Richmond

99[L ft £07

6LZL_1_l £07 Q)O q 1 I.’;: I

m .0 le : 6a £07 r .4

Hopkins Chilly Land Surveyors Inc. 2016.*** Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 82 of 122

QUINTE CONSERVATION - PLANNING ACT REVIEW

QC File No. PL0267-2018

Municipality: Town of Greater Napanee

Applicant/Agent: Audrey Mae Brown/Dorothy Brown

Location: 1076 A Hogs Back Rd Part Lot 3 & 4 Concession 11 Richmond

Roll #: 1121-090-070-16700-00000

Sever three rural parcels for the purposes of Application Consent Application File No. PLCON lot additions resulting in a total of four Description: 2018 059 and, PLCON 2018 060 separate lots adjacent to Lime Lake.

Lime Lake, unnamed wetlands and Marlbank Esker Earth Science Area of Natural and Feature: Scientific Interest (ANSI) Planning Act - Natural Hazard policies of the Provincial Policy Statement and Quinte Conservation Planning Act Review policy

Staff are satisfied that the application as presented is consistent with section 3.1 of the PSS as there is sufficient area for development outside the flood hazard.

Ontario Regulation #319/09 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses

The subject lands lie within the regulated area of Lime Lake and unnamed wetlands. Please note that the owners will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 30 metres of the high water mark/top of bank adjacent to the Lake, and within 30 metres Comments: of any wetland boundary (whichever is greater).

Quinte Region Source Protection Plan

As such no Section 59 Clearance Notice is required.

Planning Act - Natural Heritage policies of the Provincial Policy Statement

Section 2.1 of the Natural Heritage policies of the Provincial Policy Statement Natural Heritage features such as; Provincially significant wetlands, significant woodlands and significant areas of natural and scientific interest.

Page 1 of 2 Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback RoadPage Le... 83 of 122

Staff are satisfied that the application as presented is consistent with the natural heritage policies of the Provincial Policy Statement. As the lands fall within the Marlbank Esker Earth Science Area of Natural and Scientific Interest (ANSI), the proponent may wish to contact the Ministry of Natural Resources and Forestry for further information.

Final Comments: Quinte Conservation has no objection to the application as presented.

November 19, 2018 Sam Carney Date Planning and Regulations Technician

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Land Severance PLCOR 2018 060 Planning Report

Report to the Committee of Adjustments

To: Chairman. Members and Secretary-Treasurer of the Committee of Adjustments From: Michael Nobes, Director of Development Services Date: November 27, 2018 Subject: Land Severance Application # PLCOR 2018 060 A. Brown – 1076A Hogsback Road Roll Number: 1121 090 070 16700 Legal Description: Con. 11 Pt. Lot 3 Pt. Lot 4 Former Township of Richmond

Purpose: To permit a lot addition of 1.02 hectares to be added to the adjacent existing lot.

RECOMMENDATION That Land Severance Application PLCOR 2018 060 to permit a lot addition of 1.02 hectares to an abutting lot be approved subject to the following conditions:

1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 090 070 16710, currently owned by D. Brown and L. Burke. 3. That a right-of-way be created over the property identified as Roll Number 1121 090 070 16710 in favour of the property owned by A. Brown identified as Roll Number: 1121 090 070 16700. 4. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 5. That deeds and a survey describing the resulting transaction be submitted to the Town.

Proposal

The purpose of the application is to sever approximately 1.02 hectares from the subject land to be added to a family member’s adjacent lot.

P g . 1 | 3

Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 85 of 122

Land Severance PLCOR 2018 060 Planning Report

Location

The subject properties are on the North side of Lime Lake to the West of County Road 41 and immediately South of the boundary with Hastings County.

Severed Parcel: The severed parcel is approximately 1.02 hectares in area immediately South of the road allowance between Richmond and the Municipality of Tweed. Retained Parcel: The retained parcel is to the West of the lot to which the addition is to be made and is occupied by a residence.

Surrounding Land Uses

Existing Policies Official Plan Designation – By-law 01-28, as amended, Town of Greater Napanee Designation: “Rural”

The shoreline residential and passive recreational uses made of both the severed and retained lands are in conformity with the policies of the Official Plan.

Zoning By-law – By-law 02-22, as amended, Town of Greater Napanee Zoned: “RU (Rural)” at the Northern end and “SR (Shoreline Residential)” adjacent Lime Lake.

The existing shoreline residences and recreational uses of the subject lands are permitted by the by-law. P g . 2 | 3

Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 86 of 122

Land Severance PLCOR 2018 060 Planning Report

The proposal is consistent with the Zoning By-Law.

Conclusions The proposed application to permit a lot addition is in conformity with the Provincial Policy Statement, Official Plan and with the provisions of the comprehensive Zoning By-law.

The subject lands are suitable for the proposed use and the proposed lot will permit development compatible with surrounding land uses. No objections have been received from agencies or the public. Approval of the application is therefore recommended subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 090 070 16710, currently owned by D. Brown and L. Burke. 3. That a right-of-way be created over the property identified as Roll Number 1121 090 070 16710 in favour of the property owned by A. Brown identified as Roll Number: 1121 090 070 16700. 4. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 5. That deeds and a survey describing the resulting transaction be submitted to the Town.

P g . 3 | 3

Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 87 of 122 Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario K7R 3L4 Application for Consent (severance)

For office use only Dale ReceIved Date Complete File No(s) Fee(s) Paid t______iOic

1.0 APPLICANT INFORMATION

1.1 Complete the information below and indicate which contact is the Prime Contact (to whom all communications will be directed).

Name Address Phone/Fax/E-mail Regislered Osvner)s) Business

Fax

[I,,,

E-mail

Applicanl(s) Business

Fax

I lotne/Cell

is ail

Agent,i I any C eg Planning Consultant) Basin ess

H oin c/Ce II

E5majl

Solicitor Business

Fas

[Ionic/Ce) I

E-mail

* Ifa company, please give name and phcine number(s) ot’principal owner (or president)

2.0 PROPIRTY INFORMATION

Lot(s)/Block(s) Concession Registered Plan No 3m j/

Reference Plan No Part(s) Parcel No. 2A / former M nicipality Municipal Address

/je 1L /______/i ?1) /Yr// Assessment Roll #.

ft 2/ ‘ 0 ( 7 Q / 4 7()

Town of Greater Nnpanee Consent App)icaIion Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 88 ofPage 122I 2.1 Particulars of the Subject Land (use metric units):

Frontage Average Depth Area //)P

Current Official Plan Designation Current Zoning Designation 1 /,Ar9”

2.2 Are there any easements or restrictive covenants atlecting the subject land? YES NO If YES, describe each easement or covenant and its effect.

3.0 EXISTING USES OF THE SUBJECT LANDS

3.1 What are the existing uses of the subject lands? E Land Intended to be Retained Land Intended to be Severed )t1td/9}

3.2 List any existing Buildings or Structures on the Property

Yard Setbacks Number . . Ground

. . Building of . Floor Building/Structure Height Storeys Area Front Rear Side Side

Land ?1/ ,‘,l iv / r; tobe Retained / ,?//, Landtobe 7 Severed /Y/4

3.3 Is the subject land (or buildings) subject to a demolition control by-latv or is it designated or identitied for possible designation under the Ontario l-leritage Act? DYES NO

4.0 PROPOSED DIMENSIONS AND USES OF THE SUBJECT LANDS

4.1 Dimensions of the proposed lots (in metric units) Frontage Average Depth Area

Land intended .. to be retained i Land intended ,, to be severed .- j.’.

4.2 What are the proposed uses of the subject lands? Land Intended to he Retained Land Intended to be Severed

,j/1f c—, ‘-‘- /-

Town of Greater Napanee Consent Application Page 2

Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 89 of 122 4.3 List any Proposed Buildings and Structures

Yard Setbacks Number . . Ground B Lu Idino Building/Structure of . Floor Height Front Rear Side Side Storevs Area

- - “VA1/ 9cS ,‘L1/i

DU /1///

-- fl/

4.4 Attach a sketch showing (in metric units): a) The boundaries and dimensions of the subject land; h) The location, size and type of all existing and proposed buildings and structures on the subject land, indicating their distance from the lot lines; c) The approximate location of all natural and artificial features located on the subject land or adjacent land that might affect that application; d) The current uses of land that is adjacent to the subject land; e) The location, width, name and type of any roads within or abutting the subject land; f) The location of parking and docking ticilitics if access is to be by water only; and g) The location and nature of any casements affecting the subject land.

5.0 NATURE OF PROPOSED CONSENT

5.1 Describe the type and purpose of the proposed transaction (e.g. a transfer for the creation of a new lot, a lot addition, an easement, a charge, a lease or a correction of title). %/-/7y —7

6.0 HISTORY OF OTHER PLANNING APPLICATIONS

6.1 I-las there ever been an application for a consent or approval of a plan of subdivision involving the subject land? , YES NO

If YES. and if known, list below or attach on a separate page:

File Type ot Application I Number/Ontario Details Status Regulation Number

5 Qr /?,-/Ec ff

6.2 1 las any land been severed from the parcel originally acquired by the owner ofthe subject land? YES NO

If YES, then complete the following:

Date of transfer Name of transferee Uses of the severed land

Ton ofGreaier Napanee Consent Application Page 3 Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 90 of 122 ______

7.0 SERVICING

7.1 Indicate the existing and proposed servicing type for the sublect land. Water Supply Retained Severed Sewage Disposal Retained Severed Public piped water system Public piped sewage system

Private communal well(s) Private communal septic system

Private individual well(s) Individual septic system(s)

Lake or other water body Privy

Other means Other means

Storm Drainage Retained Severed Access Retained Severed Sewers Provincial highway

Ditches or swales County Road

Other means Municipal road

Water

Other means

8.0 DECLARATION

11 /) .— C Z L /1/ I. of the 7k?, 7jcf :3 M- ZL Wx. /7W- 7r — /Jrc in the (naméof applicant) (name of municipalitv/township

County of/éO solemnly declare that all the information contained in this application and any supporting documents is true.

Declared before me at the Town of Greater Napanee in the County of Lennox and Addington this

Commissioner of Oaths Ap’licant

I 111W!!1 C etc., Province of Ontaño, for the Town

EX?9THORIZATION 9.0 (if the applicant is not the owner)

I, of the c-i’n the (ne ofowner) (name ounicipality/townshi

County owner of the land that is the subject of this application for a consei( and I hereby authorize to act as my agent in this application.

,1’gnature of Owner

Town of Greater \apanee Consent Application Page 4 Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 91 of 122 10.0 ACKNOWLEDGEMENT

In accordance with the provisions of the Planning Act, it is the policy of the Town of Greater Napanec to proide public access to all development applications and supporting documentation.

agree and acknowledge that this application and any supporting (nIme of applicant)

material, including studies and drawings. filed with the application is public information, and tbrms part of the public record. As public information. I hereby consent to the Town photocopying and releasing

the application and supporting materials for either its own CISC O the processing ol the application or at the request of any third party. L a 7 Signature 6’ / Date

Town otGreater Napanee Consent Application Page 5 Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 92 of 122 SCHEDULE “B” TO PLANNING FEES BY-LAW

AGREEMENT TO INDEMNIFY

The applicant acknowledges and agrees that if any amount owing to the Municipality in respect of the application is not paid when due, the Municipality will not be required to process or to continue processing the applicatIon, or to appear before the Ontario Municipal Board in support of a decision approving the application until the amount has been paid in full.

/2 -J)d £). ‘ Witness _Z Applicant /

Witness Applicant

Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 93 of 122 ______

Greater Napanee Agent of Record Letter

9f the owner is NOT the applicant **lt Multiple Owners, an Authorization Letter from each owner is required.

-PLEASE PRINT

If an agent is employed the owner(s) must complete the following:

I (we) / (Name(s) of Owner, Individuals or Company)

Being the registered owner(s) of the subject properly, hereby authorize:

(Name of Agent)

To prepare, submit and obtain ,/7/f>-’-- hr ri / / 7’on my behalf, for the project (Type of Application) at:

M7 //‘// (Property Address)

Signature of Owner: Date: I Ii

Signature of Agent: Date: V 3 i%P 6/23/17 je

Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 94 of 122

IN THE MATTER of Sections 45 and 53 of The Planning Act, TAKE NOTICE THAT the Committee of Adjustment/Land Division Committee (The Committee) of the Corporation of The Town of Greater Napanee will be considering the following application(s) for consent(s) or minor variance(s) at a public meeting on November 27 , 2018 a t 6:45 p.m.in the Council Chambers of the Town of Greater Napanee at 124 John Street, Napanee, Ontario.

If a person or public body that files an appeal of a decision of the Committee in respect of the proposed consent(s) or minor variance(s) does not make a written submission to the Committee before it gives or refuses to give a provisional consent or approval , the Local Planning Appeals Tribunal may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent(s) or minor variance(s), you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeals Tribunal hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Local Planning Appeals Tribunal by the applicant or another member of the public.

Additional information regarding the application(s) is/are available for public inspection at the Town of Greater Napanee Municipal Office at 45 Commercial Court or by contacting the Development Services Department at (613) 354-5931 Extension 2106 during regular business hours, Monday to Friday, 8:30a.m. to 4:30p.m. Please refer to the appropriate file number.

LAND SEVERANCE/CONSENT I MINOR VARIANCE:

Applicant Property Description Purpose File Number

M. Carroll 450/470 County Road 9 To permit addition PLCOR 2018 056 Pt. Lot 11, Con. 4 of 1,653 m² to N. Fredericksburgh adjoining lot.

A. & B. Haight 80 Abrams Road To create 2.5 hectare PLCON 2018 057 Pt. Lot 12, Con. 5 rural lot. N. Fredericksburgh

C. Waitson 41 Sarah St. To permit creation PLCON 2018 058 R.P. 38A, Lots 24, 25 of one residential & Pt. Lot 26 lot

D. Brown 1076 Hogsback Road To permit lot PLCON 2018 059 Part Lot 4, Con. 11 addition of Richmond approx. 4.7 ha.

D. Brown 1076 Hogsback Road To permit lot PLCOR 2018 060 Part Lot 4, Con. 11 addition of Richmond approx. 1 ha.

Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 95 of 122 SEVERANCE SiKETCH GRANTORS NAME Dorothj Brown

ADDRESS

LOCATION Part of LOTS 3 & 4, CONCESSION 17, Geographic Township of Richmond

107

-H

OE:’ 107 .- - F. C

o LU

6’ 107

107

Hopkins Chilly Land Surveyors Inc. 2078.*** Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 96 of 122

QUINTE CONSERVATION - PLANNING ACT REVIEW

QC File No. PL0267-2018

Municipality: Town of Greater Napanee

Applicant/Agent: Audrey Mae Brown/Dorothy Brown

Location: 1076 A Hogs Back Rd Part Lot 3 & 4 Concession 11 Richmond

Roll #: 1121-090-070-16700-00000

Staff are satisfied that the application as presented is consistent with section 3.1 of the PSS as there is sufficient area for development outside the flood hazard.

Ontario Regulation #319/09 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses

Quinte Region Source Protection Plan

As such no Section 59 Clearance Notice is required.

Planning Act - Natural Heritage policies of the Provincial Policy Statement

Page 1 of 2 Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 97 of 122

Final Comments: Quinte Conservation has no objection to the application as presented.

November 19, 2018 Sam Carney Date Planning and Regulations Technician

Page 2 of 2 Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback RoadPage L... 98 of 122

Land Severance PLCON 2018 062 Planning Report

Report to the Committee of Adjustments

To: Chairman. Members and Secretary-Treasurer of the Committee of Adjustments From: Michael Nobes, Director of Development Services Date: November 27, 2018 Subject: Land Severance Application # PLCON 2018 062 Nissa Corp. – 60A Enviro Park Lane Roll Number: 1121 020 010 08540 Legal Description: CON 2 PT LOTS 20 21 Former Township of Richmond

Purpose: To permit a lot addition of 1,538m2 to be added to the adjacent existing lot.

RECOMMENDATION That Land Severance Application PLCON 2018 062 to permit a lot addition of 1,538m2 to an abutting lot be approved subject to the following conditions:

1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 020 010 08530, currently owned by Manco Recycling Systems Inc. 3. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 4. That deeds and a survey describing the resulting transaction be submitted to the Town.

Proposal

The purpose of the application is to sever approximately 1,538m2 from the subject industrial land and add it to the abutting industrial lot to the Northeast.

Location

The subject properties are on the North side of Enviro Park Lane, immediately South of the CN Rail Line. P g . 1 | 3

Land Severance Application PLCON 2018 062 Nissa Corporation, 60A Enviro Page... 99 of 122

Land Severance PLCON 2018 062 Planning Report

Severed Parcel:

The severed parcel is approximately 1,538m2 in area immediately Northeast of the subject property and abuts the proposed recipient lands to the West. The severed parcel is vacant and is to be added to the adjacent lands which will enable the recipient landowner to continue operating their industrial business as they have been historically, however access to the site will be improved by obtaining ownership of the proposed severed parcel. The proposed severed parcel is subject to easements in favour of the Town for water and sewer access and will remain. Retained Parcel: The retained parcel is approximately 7,500m2 in area and contains an existing industrial building.

Surrounding Land Uses

Lands in the vicinity include industrial lands to the North, West and East in addition to the CN Rail Line abutting the properties to the North and East. To the South is the Napanee District Secondary School property with open field and running track abutting Enviro Park Lane.

Existing Policies Official Plan Designation – By-law 01-28, as amended, Town of Greater Napanee Designation: “Industrial”

The existing industrial uses of the subject properties are in conformity with the policies of the Official Plan.

Zoning By-law – By-law 02-22, as amended, Town of Greater Napanee Zoned: “M2 (General Industrial)”

The existing industrial uses on the subject properties are in conformity with the Zoning By-Law provisions and the lot frontage, area and setbacks will remain in conformity.

The proposal is consistent with the Zoning By-Law.

P g . 2 | 3

Land Severance Application PLCON 2018 062 Nissa Corporation, 60A EnviroPage ... 100 of 122

Land Severance PLCON 2018 062 Planning Report

Conclusions The proposed application to permit a lot addition is in conformity with the Provincial Policy Statement, Official Plan and with the provisions of the comprehensive Zoning By-law.

The subject lands are suitable for the existing use and the proposed lot addition will permit enhanced access for the adjacent landowner. No objections have been received from agencies or the public. Approval of the application is therefore recommended subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 020 010 08530, currently owned by Manco Recycling Systems Inc. 3. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 4. That deeds and a survey describing the resulting transaction be submitted to the Town.

P g . 3 | 3

Land Severance Application PLCON 2018 062 Nissa Corporation, 60A EnviroPage ... 101 of 122 Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario K7R3L4 Application for Consent (severance)

Of 0111CC 040 Oflfl Dolo Rooo,s,J now Co.nplcio P,i j NOV 2018

1.0 APPUCANT INFORMATION

I I Complete the intomoaon below and indicate which contact is the Prime Contact (to whom all communications will be directed).

Namo Rog,OowdOoaa, Phn Fs t-moI 205 Wynford Drive. T’712 Nissa Corporation Suite 3004 6703 - Toronto, M4C 3 P4 Ontario.

Enwil nissacorpgmail.com APEL.alOCl 205 Wynford Drive,

M.Dewshi — °71 6703 Officer Suite 3004 of — Nissa Corporation Toronto, M4C 3P4 (main contact) Ontario

nissacorpgmall .com Ago,,t. fOSI P,rnCon,0lLngi

i10,o nII

E.nooi

SoIiaor Scott A. Magder 905-509-5267 1 Evelyn Avenue Fan Pickering, Ontario 905-509-5270 LIV 1N3

E.nn.i scott??scottmagder.com

LI p COnCpanV. naflIC 005 0001)0

2.0 PROPERTY INFORMATION

Lot(s)/block(s) Concrssrnn Rcstared Plan No Part of lots 20 and part of2l I Richmond 47 Rcteewe Plow N, PaOt) Parcel No 7.8,9,10 29R701$ ronrier Morncrpalitv MImlorpal M,lresa Township. of Richmond. 60A Enviro Park Lane AnsesmenI Roll C 1121 020 0 1008540.0000

To.sn otG,oalen Napanrc Apphn.ho.

Land Severance Application PLCON 2018 062 Nissa Corporation, 60A EnviroPage ... 102 of 122 21 Particulars of the Subject Land (use metric units) Fnsntag Average Degth Area 236 m 44 in 9,789 Current Oflie,ut Plan l,gnaI,on sq m Cur,e,,l £onne l)vaitnazton Industrial Industrial

2 2 Are there an easements or restrictive covenants affecting the subject land’ x YES Subject to casement in favour of Township of Richmond over part 13 of plan 29R-701 8 easement of sewer and water over Parts 6,7, 8, 9 and subject to right of way over Part 6, 7, 8, and 9.

3.2 List any existinp Buildines or ..LItISLIS on

Yard Setbacks Ground Number BuildinglSrructure Building Floor of Height Area Front Rear Side Sdc Storevs

Land Single story 7.67m 6.50m21.77m to be 2.50m One 10 m 3,lSOsq.m Retained

Land to he n/a n/a Severed None n/a n/a none

3.0 EXISTING USES OF TIlE SUBJECT LANDS 3 I What are the e.’istEng rises of tire subject lands” Land lntnded to be Retained Land intended to be Severed INDUSTRIAL INDUSTRIAL

3.3 Ia the subject land (or buildings) subject to a demolition control hy-lav or is it designated or identified for possible designation under the Ontario Heritage Act5 NO

4.0 PROPOSED DIMENSIONS AND USES OF TIlE SUBJECT lANDS 4.1 Dimensions oftlte mposed lots tin metric units) Frontage Average Depth Area Land ifltCTldeU to be retained 236 m 35 in 7,500 sq m anittLtJtdd 40 m (irregular) 1,538 sq. m.

4.2 What are the proposed uses of the subject lands? Land intended to he Retained Land Intended to be Severed

Industrial — no change proposed Vacant Industrial — no change proposed

Tan, cfGrcairr N.1nnee Conwg Apphcaunn Puer 2

Land Severance Application PLCON 2018 062 Nissa Corporation, 60A EnviroPage ... 103 of 122 4.3 1.1st any Pro osed Buildines and Stmcturas

Yard Setbacks Number t3uiIdmgStructure Building Ground of Height Floor Front Rear Side Side Storevs Area

. Jo change .

‘0 , . ‘oproposed Building. Vacant land ‘0 ‘o For existing use -.i No proposed C “ Building. —

4.4 Attach a sketch showing fin metric units): a) The boundaries and dimensions of the subject land; bl The location, size and type of all existing and proposed buildings and structures on the subiect land, indicating their distance from the lot lines: c) The approximate location of all natural and aniticial features located on the subject land or adjacent land that might affect that application. d) The current uses of land that is adjacent to the subject land; e) The location, width, name and type of any roads isithin or abutting the subject land: I) The location parking of aiid docking facilities if access is to be by water only; and g) The location and nature of an easements affecting the subject land

50 NATURE OF PROPOSED CONSENT

5.1 Describe the type and purpose of the proposed transaction (e g. a transfer for the creation of a new lot, a lot addition, an easement, a charge, a lease or a correction oh’ title) The purpose of the application is to transfer the surplus land at the rear ot’the property (partS 5, 9, 11,12 to the adjoining land owner who need this land for their business use; no development of the land. NO buildings or structures to be built.

6.0 hISTORY Of OTHER PLANNING APPLICATIONS 6.1 Has there ever been an application for a consent or approval of a plan of subdivision involving the subject land? NO

6,2 Has any land been severed from the parcel originally acquired by the owner of the subject land? NO

To c0r,ic N.p. Co.,.a A4,,hon P,gc’

Land Severance Application PLCON 2018 062 Nissa Corporation, 60A EnviroPage ... 104 of 122 7,() SERVICING 7.1 Indicate the existing and proposed servicing type for the subject land Water Supply Retained Severed Sewage Disposal Retained Severed

Public piped water system X Public piped sewage system )(

Private communal svell(s) Private communal septic system

Private individual well(s) Individual septic system(s)

Lake or other water body Privy Other means Other means

Stona Drainage Retained Severed Access Retained Severed

Sewers Provincial highway

Ditches or swales County Road X Other means x Municipal road X Water x Other means x

8.0 DECLARATION

I, Mohamed Dc\vshi. of the City of Toronto. solemnly declare that all the information contained in this application and any supporting documents are true. L %ei1hi

Declared hclhre me at the City of Toronto this day of 1st November 201$

TED WONG, (‘ormiSSIOfler, etc., Ontario, SoiCitOt. While a

Pago 4 Tni,c,rorca,er Napanee Conscril A;,plicnlioo

Land Severance Application PLCON 2018 062 Nissa Corporation, 60A EnviroPage ... 105 of 122 100 ACK4OWLEDGEMENT In accordance with the provisions of the Planning Act, it is the policy of the Town of Greater Napanee to provide public access to all development applications and supporting documentation.

1. Mohamed Dewshi, agree and acknowledge that this application and any supporting material, including studies and drawings, filed with the application is public information, and forms pail of the public record. As pubtic information, I hereby consent to the Town photocopying and releasing the application and supporting materials for either its own use in the processing of the application or at the request of any third party.

Signature Date

Ta,,n arUica Npav Comcni ApIcIn.’

Land Severance Application PLCON 2018 062 Nissa Corporation, 60A EnviroPage ... 106 of 122 SCHEDULE “B” TO PLANNING FEES BY-LAW

AGREEMENT TO INDEMNIFY

The applicant hereby agrees to indemnh1’ and save harmless The Corporation of the Town of Greater Napanee (‘the Municipality’) from all costs and expenses that the Municipality may incur in connection with the processing of the applicant’s application for approval under the Planning Act.

Without limiting the foregoing, such costs and expenses will include all legal, engineering, planning. advertising and consulting fees and charges incurred or payable by the Municipality to process the application together with all costs and expenses arising from or incurred in connection with the Municipality being required, or requested by the applicant, to appear at the heaiing of any appeal to the Ontario Municipal Board from any decision of the Council or Committee of Adjustment, as the case may be, approving the applicant’s application. The applicant acknowledges and agrees that if any amount owing to the Municipality in respect of the application is not paid when due, the Municipality will not be required to process or to continue processing the application, or to appear before the Ontario Municipal Board in support of a decision approving the application until the amount has been paid in full. The applicant further acknowledges and agrees that any amount owing by the applicant to the Municipality is, when due, a debt of the applicant and the Municipality may, in addition to any other remedies available to it at law, recover the amount owing together with interest from the applicant by action.

Witness Applicant

Land Severance Application PLCON 2018 062 Nissa Corporation, 60A EnviroPage ... 107 of 122 NOTICE OF MEETING

IN THE MATTER of Sections 45 and 53 of The Planning Act, TAKE NOTICE THAT the Committee of Adjustment/Land Divion Committee (The Committee) of the Corporation of The Town of Greater Napanee will be considering the following application(s) for consent(s) or minor variance(s) at a public meeting on November 27, 2018 a 6:45 t p.m.in the Council Chambers of the Town of Greater Napanee at 124 John Street, Napanee, Ontario.

If a person or public body that files an appeal of a decision of the Committee in respect of the proposed consent(s) or minor variance(s) does not make a written submission to the Committee before it gives or refuses to give a provisional consent or approval, the Local Planning Appeals Tribunal may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent(s) or minor variance(s), you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeals Tribunal hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Local Planning Appeals Tribunal by the applicant or another member of the public

Additional information regarding the application(s) is/are available for public inspection at the Town of Greater Napanee Municipal Office at 45 Commercial Court or by contacting the Development Services Department at (613) 354-5931 Extension 2106 during regular business hours, Monday to Friday, 8:30am to 4:30p.m Please refer to the appropriate file number.

LAND SEVERANCE/CONSENT I MINOR VARIANCE:

Applicant Property Description Purpose File Number

Nissa Corp 60A Enviro Park Lane To permit addition PLCON 2018 062 Pt. Lots 20, 21, Con. of 1,5,38 m2 to Richmond adjoining lot.

Nissa Corp. 60A Enviro Park Lane To permit addition PLCON 2018 063 Pt. Lots 20, 21, Con. 1 of 700 m2 to Richmond adjoining lot.

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Land Severance Application PLCON 2018 062 Nissa Corporation, 60A EnviroPage ... 110 of 122

Land Severance PLCON 2018 063 Planning Report

Report to the Committee of Adjustments

To: Chairman. Members and Secretary-Treasurer of the Committee of Adjustments From: Michael Nobes, Director of Development Services Date: November 27, 2018 Subject: Land Severance Application # PLCON 2018 063 Nissa Corp. – 60A Enviro Park Lane Roll Number: 1121 020 010 08540 Legal Description: CON 2 PT LOTS 20 21 Former Township of Richmond

Purpose: To permit a lot addition of 700m2 to be added to the adjacent existing lot.

RECOMMENDATION That Land Severance Application PLCON 2018 063 to permit a lot addition of 700m2 to an abutting lot be approved subject to the following conditions:

1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 020 010 08505, currently owned by 1829911 Ontario Inc. 3. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 4. That deeds and a survey describing the resulting transaction be submitted to the Town.

Proposal

The purpose of the application is to sever approximately 700m2 from the subject industrial land and add it to the abutting industrial lot to the Northwest.

Location

The subject properties are on the North side of Enviro Park Lane, immediately South of the CN Rail Line. P g . 1 | 3

Land Severance Application PLCON 2018 063 Nissa Corporation, 60A EnviroPage ... 111 of 122

Land Severance PLCON 2018 063 Planning Report

Severed Parcel:

The severed parcel is approximately 700m2 in area immediately North of the subject property and abuts the proposed recipient lands to the South. The severed parcel is vacant and is to be added to the adjacent lands which will enable the recipient landowner to continue operating their industrial business as they have been historically, however access to the site will be improved by obtaining ownership of the proposed severed parcel. The proposed severed parcel is subject to easements in favour of the Town for water and sewer access and will remain. Retained Parcel: The retained parcel is approximately 7,500m2 in area and contains an existing industrial building.

Surrounding Land Uses

Existing Policies Official Plan Designation – By-law 01-28, as amended, Town of Greater Napanee Designation: “Industrial”

The existing industrial uses of the subject properties are in conformity with the policies of the Official Plan.

Zoning By-law – By-law 02-22, as amended, Town of Greater Napanee Zoned: “M2 (General Industrial)”

The existing industrial uses on the subject properties are in conformity with the Zoning By-Law provisions and the lot frontage, area and setbacks will remain in conformity.

The proposal is consistent with the Zoning By-Law.

P g . 2 | 3

Land Severance Application PLCON 2018 063 Nissa Corporation, 60A EnviroPage ... 112 of 122

Land Severance PLCON 2018 063 Planning Report

Conclusions The proposed application to permit a lot addition is in conformity with the Provincial Policy Statement, Official Plan and with the provisions of the comprehensive Zoning By-law.

The subject lands are suitable for the existing use and the proposed lot addition will permit enhanced access for the adjacent landowner. No objections have been received from agencies or the public. Approval of the application is therefore recommended subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 020 010 08505, currently owned by 1829911 Ontario Inc. 3. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 4. That deeds and a survey describing the resulting transaction be submitted to the Town.

P g . 3 | 3

Land Severance Application PLCON 2018 063 Nissa Corporation, 60A EnviroPage ... 113 of 122 Town of Greater Napanee 124 John Streel PO. Box 97 l’%apanee, Ontario K7R3IA Application for Consent (severance)

DRc,iud Pic UanipIn Fun !4in) Fisi Paid L NOV 0 2018 O’3

1.0 APPUCANT INFORMATION

I I Complete the information below and indicate which contact is the Prime Contact (to whom all communications will be directed)

nsn Addin,, Rcguslercd Ou tier 205 Wynford Drive,. Biniuia, Nissa 416-712-6703 Corporation Suite 3004 Toronto, M4C 3P4 Ontario.. Homutdl

nissacorpgmail.com °°° 205 Wynford Drive, 4167126703 M.Dewshi — Officer Suite 3004 of Nissa Corporation Toronto, M4C 3P4 (main contact) Ontario

nissacorpgmail.com A5not. uf,u tcg Planning Cnsaltarrii Banns,

home Coil

E.naul

dohiaror Rnsinco Scott 905-509-5267 A. Magder I Evelyn Avenue Pickering, Ontario 905.5095270 LIV 1N3 Ito ,ioiCcil

t-oi.iil scottscottmagdcr.com

‘ iIicos i’ spogjssnanesnsLahmwjmmbcpsiornniinp( (or ar,donU

2.0 PROPERTY INFORMATION

1ol)SWi3Tock(s( Concussion Repisicrcd Plan No Part of lots 20 and part of2I I Richmond 47 ReCerence Plan No Pan(s) Parcel No 7,8,9,10 29R7018 Former N-Iunic,pa(utt’ Municipal Aldrcs, Township. of Richmond. 60A Enviro Park Lane

Asscssmmst Roll 1121 020 01008540.0000

Tow, oGtcstor Hoianrcc Consont App(iuaron Pain I

Land Severance Application PLCON 2018 063 Nissa Corporation, 60A EnviroPage ... 114 of 122 2,1 Particulars of the Subject Land (use metric unitsi [iitae Avcrage Opth Area 236m 44m Curreni Ortinal Pius Deugnation 9,7$9sqm Current Zunmg Designunon Industrial Industrial

2.2 Arc there any easements or restrictive covenants affecting the subject land? NO

3.2 list any eylsting Buildings or ct,-tr-O the Pronertv

Yard Setbacks Number Ground Buitdmg/Srmcturc Building floor Height Area Front [ Rear Side Side Storer

— Land Single story 7.67m 6.OOrn 21.77m lobe 12.SOm One 10 rn 3,lSOsq.m

- Retained

Land to be Severed None jnia n/a n/a n/a none none none

3.0 EXISTING USES OF THE SUBJECT LANDS 3.lWlrat are the existing uses of tIe subject lands? Land Intended to be Retained I Land Intended to be Severed INDUSTRIAL INDUSTRIAL

3 3 Is the subject land for buildings) suject to a demolition control by-law otis it designated or identified for possible designation under the Ontario Heritage Act5 NO

4.0 PROPOSED DIMENSIONS AND USES OF THE SUBJECt LANDS

4.2 What are the pioposed tces of the subject lands’

ndustrial

Toe-a otGi.iat., NapLscc Consent AvpIrC,tiao

Land Severance Application PLCON 2018 063 Nissa Corporation, 60A EnviroPage ... 115 of 122 (.3 List any rs .,r,,t

Yard Setbacks Number Ground Building/Structure Building of Height Floor Front Rear Side Side Storeys Area

. . No change •0 V I)

- .

. 2 2 V No proposed ‘ Building. Vacant land

. , For existing use — — > sb proposed Building.

44 Attach a sketch showing (in metric units) a) The boundaries and dimensions of the subject land. b) The location, size and type of all existing and proposed buildings and structures on the subject land, indicating their distance from the lot lutes, c) The approximate location of all natural and artiticial features located on the subject land or adjacent land that might affect that application: d) The current uses of land that is adjacent to the subject land: c) l’he location, width, name and type of any roads svithin or abutting the subject land: I) The location of parking and docking facilities if access is to be by water only: and g) The location and nature of any easements affecting the subject land.

5.0 NATURE OF PROPOSED CONSENT 5.1 Describe the type and purpose of the proposed transaction (e.g. a transfer for the creation of a new lot, a lot addition, an easement, a charge. a lease or a correction of title). The purpose of the application is to transfer the surplus land at the rear of the property (Part $ and a portion of Part 10 ) to the adjoining land owner who need this land for their business use; no development of the land. NO buildings or structures to be built.

6.0 IgTOkY OF 07’IIER PLANNING APPLICATIONS 1 Has there ever been an application for a consent or approval ota plan of subdivision involving the subject land? NO

62 Has any land been severed t’rom the parcel originally acquired by the owner of the subject land? NO

T,rn o(G.cairt Nap.. Co.sn Appliralo,.

Land Severance Application PLCON 2018 063 Nissa Corporation, 60A EnviroPage ... 116 of 122 7,0 SERVICING

7. I Indicate the existing and proposed servicing type for the subject land. Water Supply Retained Severed Sewage Disposal Retained Severed

Public piped water system X Public piped sewage system

Private communal well(s) Private communal septic system

Private individual well(s) Individual septic system(s)

Cake or other water body Privy Other means Other means

Stonn Drainage Retained Severed Access Retained Severed

Sewers Provincial highva

Ditches or swales X County Road X

Other means Municipal road

Water X Other means x

8.0 DECLARATION

I, Mohamed Dewshi, of the City of Toronto. solemnly declare that all the information contained in this application and any supporting documents are true.

Declared before me at the City of Toronto this day of 1st November 201$ Commi

ND TED WONG,

c (onmSSiOfler, etc., f OntariO, while a d So!ICit0t.

Town of Greater Napaocc Consent Application Pope 4

Land Severance Application PLCON 2018 063 Nissa Corporation, 60A EnviroPage ... 117 of 122 10.0 ACKNOWLEDGL.JENT

in accordance with the provisions of the Planning Act. it is the poticy of the Town of Greater Napanee to provide public access to all development applications and supporting documentation.

I, Mohamed Dewshi. agree and acknowledge that this application and any supporting material, including atudis and drawings, filed with the application is public information, and forms part of the public record, As public information. I hereby consent to the Town photocopying and releasing the application and supporting materials for either its own use in the processing oith application or at th request of any third party

Signature Date

To o.w Co..an AiUo.

Land Severance Application PLCON 2018 063 Nissa Corporation, 60A EnviroPage ... 118 of 122 SCHEDULE “B” TO PLANNING FEES BY-LAW

AGREEMENT TO INDEMNIFY

The applicant hereby agrees to indemnify and save harmless The Corporation of the Town of Greater Napanee (“the Municipality’) from afi costs and expenses that the Municipality may incur in connection with the processing of the applicant’s application for approval under the Planning Act.

Without limiting the foregoing, such costs and expenses wifl include all legal, engineering, planning, advertising and consulting fees and charges incurred or payable by the Municipality to process the application together with all costs and expenses arising from or incurred in connection with the Municipality being required, or requested by the applicant, to appear at the hearing of any appeal to the Ontario Municipal Board from any decision of the Council or Committee of Adjustment, as the case may be, approving the applicant’s application. The applicant acknowledges and agrees that if any amount owing to the Municipality in respect of the application is not paid when due, the Municipality will not be required to process or to continue processing the application, or to appear before the Ontario Municipal Board in support of a decision approving the application until the amount has been paid in full. The applicant further acknowledges and agrees that any amount owing by the applicant to the Municipality is, when due, a debt of the applicant and the Municipality may. in addition to any other remedies available to it at law, recover the amount owing together with interest from the applicant by action.

Witness Applicant

Land Severance Application PLCON 2018 063 Nissa Corporation, 60A EnviroPage ... 119 of 122 NOTICE OF MEETING

If a person or public body that files an appeal of a decision of the Committee in respect of the proposed consent(s) or minor variance(s) does not make a written submission to the Committee before it gives or refuses to give a provisional consent or approval, the Local Planning Appeals Tribunal may dismiss the appeal.

If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent(s) or minor variance(s), you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeals Tribunal hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Local Planning Appeals Tribunal by the applicant or another member of the public

Additional information regarding the application(s) is/are available for public inspection at the Town of Greater Napanee Municipal Office at 45 Commercial Court or by contacting the Development Services Department at (613) 354-5931 Extension 2106 during regular business hours, Monday to Friday, 8:30am to 4:30p.m Please refer to the appropriate file number.

LAND SEVERANCE/CONSENT I MINOR VARIANCE:

Applicant Property Description Purpose File Number

Nissa Corp 60A Enviro Park Lane To permit addition PLCON 2018 062 Pt. Lots 20, 21, Con. of 1,5,38 m2 to Richmond adjoining lot.

Nissa Corp. 60A Enviro Park Lane To permit addition PLCON 2018 063 Pt. Lots 20, 21, Con. 1 of 700 m2 to Richmond adjoining lot.

Land Severance Application PLCON 2018 063 Nissa Corporation, 60A EnviroPage ... 120 of 122 Land Severance Application PLCON 2018 063 Nissa Corporation, 60A Enviro ...

.S'u7"ueym"'s Real Property Report (PART 1) PLAN of Part of Lots 20 and 21, Concession 1, Geographic Toumshzip cf Riclsmond All ofLot 80, Per! ofLots29 ¢nd81. Fcstsidcof Vestsh-act and Part of last and Elizabeth Streets. Rcgisiend Plan No. 47 MIN 0!‘ GREAHERNAPANEECOUNTYOF IJNNOX AND ADDINGNN stun‘-1:500 In-nu o 1: an n on so-nun 1_ HOPKINS CIHHY LAND SURVBYDRSINC. -2017-

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