TOWNSHIP OF ELIZABETHTOWN-KITLEY REPORT TO COUNCIL

Transcription

1 Committee: TOWNSHIP OF ELIZABETHTOWN-KITLEY REPORT TO COUNCIL _Planning Advisory Committee (PAC) Date: _May 16, 2012 A. Recommendations Requiring Council Approval: A-1 PAC recommends severance application B (New Lot), subject to three (3) conditions of approval, Pt. Lot 14 & 15; Con. 5, Geographic Kitley; Owner: Eve, as detailed on Page 3 of the Minutes. A-2 PAC recommends severance application B (New Lot), subject to four (4) conditions of approval, Pt. Lot 14 & 15; Con. 5, Geographic Kitley; Owner: Eve, as detailed on Page 4 of the Minutes. B. Issues Referred to Council for Guidance: None. C. Matters of Interest for Council: C-1 Preliminary severance inquiry, Dixie Road E. (north side), Con. 10, Pt. Lot 26-28, Geographic Elizabethtown; Owner: Holtrop, as detailed on Pages 4 and 5 of the Minutes, encouraged. C-2 Preliminary severance inquiry, Dixie Road E. (south side), Con. 10, Pt. Lot 26-28, Geographic Elizabethtown; Owner: Holtrop, as detailed on Pages 5 and 6 of the Minutes, encouraged. C-3 Site Plan Amendment proposal, 2407 County Road 46, Con. 2, Pt. Lot 21, Geographic Elizabethtown; Owner: Hewitt, as detailed on Page 6 of the Minutes. D. Committee Minutes: D-1 The May 16, 2012 draft minutes are attached for your review. D-2 The next Planning Advisory Committee meeting has been scheduled for June 20, 2012 at 4:00 p.m.

2 M I N U T E S TOWNSHIP OF ELIZABETHTOWN-KITLEY PLANNING ADVISORY COMMITTEE - May 16, Members Present: Dan Downey (Councillor), Linda Hill, John Southin (Chairman) Members Absent: Staff Present: Barbara Kalivas (Director of Planning & Development), Melissa O Connell (Planning Assistant) THIS IS NOT A VERBATIM REPORT Chairman J. Southin called the meeting to order at 4:00 p.m. DISCLOSURE OF INTEREST: None. MINUTES: MOVED BY: D. Downey SECONDED BY: L. Hill THAT the minutes of the April 18, 2012 meeting be adopted as circulated. DISPOSITION: Motion Carried. DELEGATIONS/APPOINTMENTS: Severance Application B (New Lot) Eve Property 587 County Road 29 Pt. Lot 14 & 15, Con. 5 (Kitley) Roll The applicant Gary Eve and son Jeffrey Eve were in attendance and spoke on the application. The applicant had been provided with a copy of Staff Consideration Form in advance of the meeting. The Chairman J. Southin reviewed the Severance Consideration Form and the severance proposal to sever one 3.5± ac. lot with 447± ft. frontage on County Road 29 (south of the existing residence at 587 County Rd. 29) and; retain 111+/- acres with 3130± ft. frontage on County Road 29, 2935± ft. frontage on Kinch Street and 2100 ft +/- on Lockwood Rd. Staff summarized the Official Plan assessment contained in the Staff Consideration Form. Staff noted that the lot is eligible for consideration to sever two new lots as the property has over 1 km of road frontage. Staff advised of their concern with severing a lot with frontage and access onto County Road 29 as Section , provides that consents requiring direct access onto County roads shall be restricted and wherever possible, new lots shall obtain access from Township roads. Staff noted that this property has extensive frontage onto two Township Road, Kinch St. and Lockwood Road and a severance should be directed onto a Township road instead. Page 1 of 7

3 Severance Application B (Eve) (continued): Staff noted another concern with the proposed lot s location is its proximity to a creek which would require an archaeological study undertaken by a qualified consultant. Staff stated this was a provincial requirement as well as a requirement under the Official Plan. The applicant s son J. Eve advised the Committee with respect to the County Road 29 issue, that there is a livestock barn on Lockwood Road and believes they could not meet the Minimum Distance Separation if a severance were proposed onto Lockwood Road. The Committee questioned what the MDS would be from this barn. Staff confirmed that it depends on the type and number of livestock and that this has not been assessed to date. Staff advised that meeting the MDS calculation or 590 ft (180 m), whichever is greater would be required. The applicant G. Eve stated that he believes that it would be unsafe for any access onto Lockwood Road. G. Eve and J. Eve approached the Committee referring to numerous photos advising that the County Road 29 area proposed to be severed is the only usable area on the 111 ac. property. G. Eve stated that Hydro has advised that it would cost $25,000 to have an expansion of the line if the lot was to be severed onto Lockwood Rd. He noted that there is also the natural gas line along County Road 29 and that he had the approval of the County for an entrance onto County Road 29. The Committee asked staff to clarify the purpose of the policy contained in the Official Plan directing access onto a local road. Staff advised that the intent of this policy is to discourage access on to County Roads in order to reduce the number of direct entrances onto County roads for safety issues and rather encourage driveways to enter onto local or Township roads. Staff noted that there were not disputing that an entrance can be issued onto the County Road from the County but that the Official Plan requires that severances wherever possible be onto Township roads. Staff advised that other options to sever onto the Township roads should be explored. Staff advised that in her view a residential access onto Lockwood Rd. could likely be accommodated where the existing no trespassing sign is posted, but determination would be up to the opinion and discretion of the Director of Public Works. Staff advised it was their opinion that the north end of Lockwood Rd. offered a good location to sever or possibly considering a second severance onto Kinch Street, should be where development should be directed. G. Eve advised that they were not interested in a severance at this suggested location on Lockwood Rd. and advised that the area on Kinch St. was wet and not suitable. Chairman J. Southin stated that whenever possible the Committee must follow the rules contained in the Official Plan. The Committee discussed whether consideration should be given to other alternate locations for the proposed severance. Page 2 of 7

4 Severance Application B (Eve) (continued): Member L. Hill questioned the applicant s intent for this new lot and for the lot on Kinch St. under B G. Eve confirmed that the lot on County Rd. 29 is to be a building lot for his son Jeffrey and the other lot is to be sold. The Committee questioned whether consideration of this application should be deferred for a month to given an opportunity to discuss severing onto a Township roadway. The Committee concluded that they were not sure there would be any point to deferring the decision. MOVED BY: D. Downey SECONDED BY: L. Hill THAT Severance B is recommended subject to the following conditions: (1) A Cash-in-lieu of parkland payment ($ flat fee to Township). (2) That a supportive archaeological assessment (be done by a qualified consultant a the applicant s expense in accordance with Ministry guidelines and Official Plan requirements) to support the land severance, given its proximity to a creek on the property. (3) All conditions to be fulfilled by applicant at their expense. DISPOSITION: Motion Carried. Severance Application B (New Lot) Eve Property 587 County Road 29 Pt. Lot 14 & 15, Con. 5 (Kitley) Roll The applicant Gary Eve and son Jeffrey Eve were in attendance. The applicant had been provided with a copy of Staff Consideration Form in advance of the meeting. The Chairman J. Southin reviewed the Severance Consideration Form and the severance proposal to sever one 6.0+ ac. lot with 1094 ft. of frontage on County Road 29 and ft. of frontage on Kinch St. and; retain the existing residence at 587 County Rd. 29 with 105+/- acres with 2096± ft. frontage on County Road 29 (+/-447 ft. proposed severance under B-37-12), 2175± ft. frontage on Kinch Street and 2100 ft +/- on Lockwood Rd. Staff reviewed the Official Plan criteria contained in the Severance Consideration Form. Staff noted that because the new lot has access onto both County Road 29 and Kinch Street it was being recommended that an Agreement is registered on title so that access is not onto County Road 29. She noted that Agreement would also address the compatibility from the MG zone located across the road by ensuring a setback for any new dwelling of 130 ft. from County Road 29. The applicant G. Eve advised that he had no issues with the recommendations being made by staff. Page 3 of 7

5 Severance Application B (Eve) (continued): MOVED BY: D. Downey SECONDED BY: L. Hill THAT Severance B is recommended subject to the following conditions: (1) A Cash-in-lieu of parkland payment ($ flat fee to Township). (2) That an agreement be registered on title to the severed lands ($ deposit fee required to be paid to the Township to initiate fulfillment of this condition) requiring that: (a) vehicular access onto the property may only be obtained from Kinch St. and no vehicular access shall be permitted onto County Rd. 29. (b) any residential construction on the severed lot be located at a minimum setback of 130 ft. from the property line abutting County Rd. 29, in recognition of the existing MG-General Industrial Zone that is located on the south side of County Rd. 29 and to locate a dwelling on the severed lot such that it will be rendered more compatible with the MG zone/uses that are permitted on that MG zoned property. (3) Road Widening across the frontage of the severed lands along Kinch St. be deeded to the Township and that these lands be free and cleared of any encumbrances and that the applicant s solicitor advise the Township of such. These road widening lands are to be assumed as public highway by the Township and the applicant s solicitor is to register the related by-law on behalf of the Township at the applicant s expense. (4) All conditions to be fulfilled by applicant at their expense. DISPOSITION: Motion Carried. Preliminary Severance Application (New Lot #1) Holtrop Property; Dixie Road E. (north side of Dixie Rd. E.) Pt. Lot 26-28, Con. 10 (Elizabethtown) Rolls ; ; The agent Brent Collett was in attendance and spoke on the application. The agent had been provided with a copy of Staff Consideration Form in advance of the meeting. The Chairman J. Southin reviewed the Severance Consideration Form and the severance proposal to sever 49 acres +/- with 1790 ft.+/- frontage on Dixie Rd. E., for the purpose of a new lot intended for field use and retain 235 acre with 1600ft. and 1400 ft. (2900 ft.± total road frontages) with the existing residence at Dixie Rd. E. Staff advised the Committee that the two severance applications are essentially a result of an inadvertent merger. She noted that there were no real issues from a planning perspective other than it needed to be confirmed that the acreage met the 50 acres minimum for agricultural use. She advised that it was at the Committee s discretion whether they wanted to recommend waiving that cash in lieu of parkland condition under this circumstance. B. Collett advised the Committee that they won t know the acreage until they survey it and it may well be 50 acres. B. Collett noted that even though the properties merged quite a few years ago the owner just recently found out about it and is just trying to get back what he once had. Page 4 of 7

6 Preliminary Severance Application Holtrop Lot #1 (continued): B. Collett stated that in this situation they would request that the $500 cash-in-lieu of parkland be waived as the owner has been paying taxes on the separate roll numbers all these years. The Committee discussed the request to waive the cash-in-lieu of parkland and felt that this should still be paid to the Township. That Committee agreed that it could support the preliminary severance application subject to the following: (1) That the severed lot be a minimum of 50 acres to meet the A2 Zone requirements for farm use. (2) A Cash-in-lieu of parkland payment ($ flat fee to Township). (3) Road Widening across the frontage of the severed lands along Dixie Rd. E. be deeded to the Township and that these lands be free and cleared of any encumbrances and that the applicant s solicitor advise the Township of such. These road widening lands are to be assumed as public highway by the Township and the applicant s solicitor is to register the related by-law on behalf of the Township at the applicant s expense. (4) All conditions to be fulfilled by applicant at their expense. Preliminary Severance Application (New Lot #2) Holtrop Property; Dixie Road E. (south side of Dixie Rd. E.) Pt. Lot 26-28, Con. 10 (Elizabethtown) Rolls ; ; The agent Brent Collett was in attendance and spoke on the application. The agent had been provided with a copy of Staff Consideration Form in advance of the meeting. The Chairman J. Southin reviewed the Severance Consideration Form and the severance proposal to sever a 5 ac +/- parcel with 1048 ft. +/- frontage on Dixie Rd. E., for the purpose of a new residential lot.91 acres on the south side of Dixie Rd. E. is proposed to be retained. Staff noted there were no planning concerns with this preliminary application. She advised that any dwelling location would have to be to the west half of the property outside of the OS1 zone. She noted that the retained lands have potential to be used agriculturally and as there is no MDS requirement in the current Zoning By-law an interim agreement was being recommended regarding MDS. The Committee agreed that the cash-in-lieu of parkland should still be paid to the Township. The Committee agreed that it could support the preliminary severance application subject to the following conditions: (1) A Cash-in-lieu of parkland payment ($ flat fee to Township). (2) Road Widening across the frontage of the severed lands along Dixie Rd. E. be deeded to the Township and that these lands be free and cleared of any encumbrances and that the applicant s solicitor advise the Township of such. These road widening lands are to be Page 5 of 7

7 Preliminary Severance Application Holtrop Lot #2 (continued): assumed as public highway by the Township and the applicant s solicitor is to register the related by-law on behalf of the Township at the applicant s expense. (3) That the Owner enter into an agreement with the Township to ensure that MDS is met for any new dwelling or livestock barn construction on the retained lands, to act as a bridging agreement until such time as the new zoning by-law is enacted by the Township. ($ fee to apply related to this agreement). The agreement will not be required to be registered on title. (4) All conditions to be fulfilled by applicant at their expense. Preliminary Severance Application (New Lot) Bennett Property; 712 Kitley Line 2 Pt. Lot 11, Con. 2 (Kitley) Rolls Staff advised that the applicant was unable to attend this meeting and had asked that the matter be deferred to the next meeting scheduled for June 20, Site Plan Amendment Proposal Hewitt Property; 2407 County Road 46 Pt. Lot 21, Con. 2 (Elizabethtown) Rolls The Committee received the staff memo requesting comments on the site plan amendment proposal for a proposed construction of a 2400 sq.ft. Quonset type storage building. The property owner Paul Hewitt was in attendance. The Committee questioned the applicant as to why he can t he meet the 50 ft. required setback. P. Hewitt advised that topographically with a rock outcropping it is not feasible for it to built to meet the 50 ft. Staff noted that there is going to be a need to be 6 additional parking spots provided on the property. P. Hewitt confirmed that he has room to accommodate this. P. Hewitt advised that this building will clean up the backyard of the property. Committee had no comment on the site plan. Page 6 of 7

8 COMMITTEE OF ADJUSTMENT MATTERS: Decisions: Committee of Adjustment Meeting Minutes, April 26, 2012 (Minutes contain Decision Of the Committee for Minor Variance Application A01/12). Notice of Hearing: A02/12, Hewitt Property; 2407 County Road 46 A03/12, Oxford Acres Park Cooperative Inc. (Deir), 1871 Oxford Ave., Unit 26 CORRESPONDENCE (RECEIVED & FILED): Letter from McIntosh Perry re: Environmental Assessment, Highway 401 Noise Barrier in the Elizabethtown-Kitley, dated April 25, 2012 Notice of Public Meeting Zoning By-law Amendment, Township of Rideau Lakes, dated April 26, RVCA Low Water Conditions - Update, dated May 7, 2012 CRCA Level 1 Low Water Condition, dated May 3, 2012 CRCA Level 1 Low Water Condition continues, dated May 11, 2012 NEXT REGULAR MEETING: The next regular meeting will be held on Wednesday, June 20, 2012 at 4:00 p.m. ADJOURNMENT: MOVED BY: L. Hill THAT the meeting adjourn at 5:30 p.m. DISPOSITION: Motion Carried. Chair John Southin Barbara Kalivas, Director of Planning & Development Page 7 of 7