LAND DIVISION COMMITTEE. MOTION #LD MOVED BY: C. Tyson SECONDED BY: D. Murphy

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1 MINUTES LAND DIVISION COMMITTEE The Land Division Committee met in regular session on Monday, November 23, 2009 at 9:00 a.m. at the Lanark County Administration Building, 99 Christie Lake Road, Perth, Ontario. Members Present: R. Strachan, C. Tyson and D. Murphy Staff Present: M. Kirkham, Secretary-Treasurer LAND DIVISION COMMITTEE Chair: R. Strachan 1. CALL TO ORDER A quorum was present. 2. DISCLOSURE OF PECUNIARY INTEREST None. 3. APPROVAL OF MINUTES MOTION #LD MOVED BY: C. Tyson SECONDED BY: D. Murphy THAT, the minutes of the Land Division Committee meeting held on October 26, 2009 be approved as circulated. ADOPTED 4. ADDITIONS & APPROVAL OF AGENDA MOTION #LD THAT, the agenda be adopted as circulated. MOVED BY: D. Murphy SECONDED BY: C. Tyson ADOPTED Page 1 of 76

2 5. DELEGATIONS & PRESENTATIONS None. 6. COMMUNICATIONS 6.1 Township of Drummond / North Elmsley Site Plan / Development Agreement conditions. NOTE: Deferred to next meeting response from RVCA not available. 7. REPORTS 7.1 The Land Division Committee reviewed the addition materials for the following application previously heard and awaiting approval to be considered at the 10:00 a.m. public hearing B09/078 Beverley Jackson new lot Pt Lot 25 Conc. 2 geographic Township of Dalhousie, now in the Township of Lanark Highlands (2 nd Con. Dal.) B09/081 and B09/082 Estate of Gladys Rodger lot additions B09/083 and B09/084 Estate of Gladys Rodger new lots Pt Lot 12 and 13 Conc. 9, geographic Township of Ramsay, now in the Town of Mississippi Mils (Country Street) B09/085 Thomas Gardiner lot addition Pt Lot 4 Conc. 9 Township of Beckwith (Chickadee Lane) B09/090 Donald & Ursula Pidgeon new lot Pt Lot 4, Conc. 2 Park Lot 9 Plan 320, Lanark Village, now in the Township of Lanark Highlands (Foster Drive) B09/093 - Melissa and Jeff McMahon new lot Pt Lot 22 & 23 Conc. 5, geographic Township of Dalhousie, now in the Township of Lanark Highlands (Umpherson Mill Road) B09/094 and B09/095 Muriel Dombret two new lots Pt Lot 14 Conc. 4, geographic Township of Lanark, now in the Township of Lanark Highlands. (4 th Con Lan) B09/098 - AMT Group new lot Pt Lot 12 Conc. 8, Township of Beckwith (Highway #15). Page 2 of 76

3 7.1.8 B09/101, B09/102 and B09/103 Barbara Joynt and Sharon Thomson three new lots B09/104 Barbara Joynt and Sharon Thomson lot addition Pt Lot 2 Conc. 7, geographic Township of North Burgess, now in Tay Valley Township (Colin Farmer Road and Private R-O-W) B09/112 Jeff Jackson Contracting Inc new lot Pt Lot 25 Conc. 5, Township of Montague (Code Road). 8. PUBLIC HEARING: The meeting recessed at 10:00 a.m. for the purpose of conducting the public hearings in the County Council Chambers. 8.1 PROVISIONAL CONSENT GRANTED B09/078 Beverley Jackson new lot B09/081 and B09/082 Estate of Gladys Rodger lot additions B09/083 Estate of Gladys Rodger new lot B09/085 Thomas Gardiner lot addition B09/090 Donald & Ursula Pidgeon new lot B09/093 - Melissa and Jeff McMahon new lot B09/094 and B09/095 Muriel Dombret two new lots B09/098 - AMT Group new lot 8.18 B09/101, B09/102 and B09/103 Barbara Joynt and Sharon Thomson three new lots B09/104 Barbara Joynt and Sharon Thomson lot addition 8.19 B09/112 Jeff Jackson Contracting Inc new lot 8.2 PROVISIONS CONSENT DEFERRED B09/084 estate of Gladys Rodger new lot Page 3 of 76

4 9. NEW / OTHER BUSINESS None. 10. UPCOMING MEETING SCHEDULE Monday, December 14, a.m., Monday, January 25, a.m., and Monday, February 22, ADJOURNMENT The meeting adjourned at 11:55 a.m. Mary Kirkham Secretary-Treasurer Page 4 of 76

5 PUBLIC HEARING REPORTS Page 5 of 76

6 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Beverley Jackson Hearing Date: November 23, 2009 Agent: Tracy Zander LDC File #: B09/078 Municipality: Lanark Highlands Geographic Township: Dalhousie Lot: 25 Concession: 2 Roll No Consent Type: New Lot Purpose and Effect: to sever an ha residential building lot and retain a 24.2-ha vacant landholding. The lands are accessed via Conc. 2 Dalhousie. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW Land to be Severed Vacant Rural ha 182 m m Municipal Road Proposed well Proposed septic Rural 1.0-ha 60 m n/a Land to be Retained Vacant Residential ha m m Municipal Road Proposed well Proposed septic Rural Rural 1.0-ha 60 m n/a Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. Page 6 of 76

7 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. Official Plan Section 3.0 Growth and Settlement, Section 3.6 Rural Area, Section 4.2 Water Supply and Sewage Disposal, Section Township Roads, Section Subdivisions, Consents and Part-Lot Control. The Township of Lanark Highlands advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law Section 4.0 General Provisions, Section 6.0 Rural Zone. The Township of Lanark highlands advises that the proposal complies with the zoning by-law regulations. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Page 7 of 76

8 Township of Lanark Highlands recommends approval of this application subject to the following conditions: 1. That the applicant submit to the Township the 5% cash-in-lieu of parkland requirement. 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Town. 3. That the applicant provide the Town with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed (including the purchaser s abutting property) and the lands retained are in compliance with all zoning provisions. The surveyor s information shall include confirmation of adequate frontage for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated the applicant will take any and all steps to bring the property into compliance. 4. An acceptable reference plan or legal description of the severed lands and the deed or instrument (in triplicate) conveying the severed lands shall be submitted to the Planning Approvals Administrator at the County for review and consent endorsement within a period of one year after the Notice of Decisions is given under Section 53 (17) or (24) of the Planning Act and that a copy of same be submitted to the township. Conservation Authority Mississippi Valley Conservation Mississippi Valley Conservation (MVC) has been circulated the above noted application to conduct a review in terms of MVC Regulations and Provincial Planning Policy for Page 8 of 76

9 Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion. According to the information provided, the purpose of the subject application is to sever an ha building lot with an existing outbuilding and retain a 24.2-ha vacant landholding. A review of available mapping shows a tributary of the Little Clyde River traveling through the proposed retained and severed lands. This tributary is also visible on aerial photography. During a site visit conducted by MVC staff on November 12, 2009, we observed one section of this tributary. It did not appear to be conveying any flow at the time and is therefore likely to be considered intermittent. In addition, aerial photography shows a wetland on the proposed retained lands with another unnamed watercourse traveling through it. No other natural heritage features or natural hazards were identified. The resulting lots meet with the current minimum area requirements set out in the Township of Lanark Highland s Zoning By-law and sufficient area exists to locate future development in compliance with the zoning provisions. With all of this in consideration, MVC does not have any objection to the subject application provided the following mitigative measures are implemented for any future development on the subject property: 1. Future development, including a septic system shall be setback a minimum 30 metres from the seasonal high water mark of any watercourse or wetland. 2. With regard to site selection for future structures, development shall be directed outside of lowland/wetland areas containing organic soils. 3. The shoreline vegetation surrounding the watercourses and wetland shall be retained to a minimum depth of 15 metres. 4. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the watercourse, wetland or onto adjacent properties. The property owner should be advised that in the event that shoreline work is proposed, written permission may be required from MVC pursuant to Ontario Regulation 153/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. In addition, any proposed works in or near any watercourse or wetland should be reviewed by MVC to ensure there will be no harmful alteration, disruption or destruction of fish habitat. Authorization under Section 35 of the Fisheries Act may be required for such work. Should any questions arise please do not hesitate to call. Please advise us of the Committee s decision in this matter. Page 9 of 76

10 On-Site Services (Septics) Leeds, Grenville & Lanark District Health Unit Severed 29.6 acres vacant parcel is wooded with an open field close to Concession 2. Slope varies across the parcel, with at least 1 foot of soil over rock. Drainage does not appear to be an issue. Parcel will accommodate a home and septic system. Septic system may require fill, depending on its location. Retained 59.7 acres parcel contains out buildings and is wooded. Slope varies across the parcel, with at least 1 foot of soil over rock. Drainage does not appear to be an issue. Parcel will accommodate a home and septic system. Septic system may require fill, depending on its location. Hydro One Networks advises that Hydro One has no comments of concerns at this property. Bell Canada R-O-W No comments were received. (c) PLANNING REVIEW The applicant proposes to sever an ha vacant landholding and retain a ha vacant landholding. The subject lands are located in an area characterized by Residential on a variety of lot sizes along 2 nd Conc. Dal. and White Cemetery Road. The area is locally known as Lammermoor, but has not been designated as a settlement area within the Official Plan. The lands are accessed via 2 nd Conc. Dal., a municipally maintained road. Soils Inventory: 6/7T mixture of Class 6 soils capable only of producing perennial forage crops, and improvement practices are not feasible and Class 7 soils have no capability for arable culture or permanent pasture. Subclass T adverse topography. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Township of Lanark Highlands and could be given favourable consideration. (d) PUBLIC INPUT No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended. NOTE: A letter of objection was received from Nicholas Ignatieff, however was subsequently withdrawn following discussions with the applicant. (e) MINUTES November 23, 2009 Tracy Zander, agent for the applicant, attended the hearing and gave evidence under oath. Page 10 of 76

11 Ms. Zander advised that a farm is located to the east of the lands, however is a considerable distance from the lot line. This calculation will be required during the building application process. (f) DECISION & CONDITIONS DECISION: REASONS: PROVISIONAL CONSENT IS GRANTED Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. Payment shall be made to the Township of Lanark Highlands representing the amount satisfactory to the Township of up to 5% of the value of the land pursuant to Section 51.1(3) of the Planning Act (Cash-in-Lieu of Parklands). 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. Satisfactory evidence shall be provided to the Township of Lanark Highlands confirming that the lot to be severed and the lot to be retained comply with the pertinent provisions of the Zoning By-law. In the event of non-compliance, appropriate relief shall be obtained either by way of a minor variance or a zoning by-law amendment. 5. The applicant shall provide the Township of Lanark Highlands with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. The applicant shall provide the Township of Lanark Highlands with a copy of the deed/transfer for the property. 7. The applicant shall enter into a development agreement with the Township of Lanark Highlands pursuant to Sections 51(25), 51(26) and 53(12) of the Planning Act, which may be registered on title of the lot to be severed, and binding upon the owner and all subsequent owners in title. The wording of the agreement shall be acceptable to the Township of Lanark Highlands and the Mississippi Valley Conservation and shall address their concerns as outlined in the MVC response dated November 12, Page 11 of 76

12 8. A letter shall be received from Mississippi Valley Conservation stating that condition #7 has been fulfilled to their satisfaction 9. A letter shall be received from the Township of Lanark Highlands stating that condition #2 to #7 has been fulfilled to their satisfaction. NOTES: The property owner should be advised that in the event that shoreline work is proposed, written permission may be required from MVC pursuant to Ontario Regulation 153/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. In addition, any proposed works in or near any watercourse or wetland should be reviewed by MVC to ensure there will be no harmful alteration, disruption or destruction of fish habitat. Authorization under Section 35 of the Fisheries Act may be required for such work. Page 12 of 76

13 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: The Estate of Gladys E. Rodger Hearing Date: November 23, 2009 Agent: n/a LDC File #: B09/081, B09/082, B09/083 & B09/084 Municipality: Town of Mississippi Mills Geographic Township: Ramsay Lot: 12 & 13 Concession: 9 Roll No Consent Type: 2 Lot Additions & 2 New Lots Purpose and Effect: B09/081 To sever a 1.57-ha parcel of land as a lot addition to lands owned by Kenneth Rodger. B09/082 To sever a 1.57-ha parcel of land as a lot addition to lands owned by Ernest Rodger. B09/083 To sever a 1.03-ha residential building lot B09/084 To sever a 1.03-ha residential building lot DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category Land to be Severed Land to be B09/ Retained Vacant Vacant Vacant Vacant Residence Lot Add. Lot Add. Res. Res. Residence 1.57 ha 1.57 ha 1.03 ha 1.03 ha ha 50m + 17m 15.5m 67 m 67 m 183.7m 150m 150m 153 m 153 m Irregular Mun Rd Mun Rd Mun. Rd Mun. Rd Municipal Road n/a n/a Proposed Proposed Private Well n/a n/a Proposed Proposed Private Septic Lot 13 Rural & Future Almonte Expansion Area Lot 12 Rural Rural Rural -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW 1.0-ha 45 m n/a 1.0-ha 45 m n/a Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Page 13 of 76

14 Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. Official Plan Section 2.5 Growth and Settlement, Section 3 Land Use Policies, Section 4 General Policies, Section Consent to Sever. The Town of Mississippi Mills advises that the proposals conform with the policies of the Official Plan, with the exception of application B09/084. Zoning By-law - Section 6 General Provisions, Section 9 Rural Zone. The Town of Mississippi Mills advises that the proposals comply with the regulations of the Zoning By-law, with the exception of application B09/084. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: PLANNING REPORT TOWN OF MISSISSIPPI MILLS PLANNING & DEVELOPMENT COMMITTEE Date: 30 November 2009 File: B09/081, B09/082, B09/083 B09/084 PLANNING REPORT: Consent Applications: B09/081, B09/082, B09/083 B09/084 SUBMITTED TO: Chair and Members of the Committee SUBJECT: Consent Application B09/081, B09/082, B09/083 B09/084 Pt. Lots 12 and 13, Concession 9, Ramsay Ward APPLICANT: Rodgers Background The estate of Gladys E. Rodger currently owns approximately 33.3ha (82.35ac) of land located on a provincially owned and maintained allowance (Highway 29) and a local road Country Street in Ramsay Ward, in the Town of Mississippi Mills. The intent of the application is to sever two 1.57 ha parcels of land for lot additions to lots currently owned by Ken Rodger and Ernie Rodger (being applications B09/081 and B09/082) and sever two new lots approximately 1.03ha in size, being applications B09/081 and B09/082. Page 14 of 76

15 The lands subject to the consent applications are designated Rural in the Official Plan. The land subject to the lot additions have been identified and are included lands for the future urban expansion of the urban Ward of Almonte. The retained parcel of lands are designated Rural. All of the lands are zoned Rural. Severance Application Summary Lot Severance The applicant has filed a total of four consent applications, of which two are to be lot additions and the other two are creating two new lots. The proposed severance applications would sever approximately 5.2ha (12.85ac), leaving a total of 28.36ha for future urban expansion and 7.3ha (18.1ac) of rural land. Applications B09/081 and B09/082 (Lot Additions) The lots subject to the lot addition are applications B09/081 and B09/082. The proposed lot additions are to sever two lots of approximately 1.57ha (3.88ac) in area and add one of the severances to the parcel owned by Kenneth Rodger and the second severance to the parcel owned by Ernie Rodger. The retained lands would have an approximate lot area of 28.63ha and have 183.7m of frontage on Country Street and 142.8m of frontage on Country Road 29. Applications B09/083 and B09/084 (New Lots) These applications are to create two new rural residential lots and have the remaining lands held as a rural holding. Each of the proposed lots would have an approximate lot area of 1.03ha and a lot frontage of 67m. The retained lands would be approximately 7.3ha (18.1ac) with no frontage on an opened road allowance. Provincial Policy Statement The 2005 Provincial Policy Statement does not speak specifically to lot severances in the rural area. Application B09/081 and B09/082 (Lot Addition) Community Official Plan The Community Official Plan states that severances and lot creation are permitted on lands designated Rural, but are limited to two lots plus the retained lot, except where otherwise specially provided in the plan. Section 3.3.6(4) also states that consents for boundary adjustments, partial discharge of mortgage, easements or right of ways shall not be considered towards the maximum number of consents per holding. The Community Official Plan requires a minimum lot area of 1-ha (2.47ac) for a new nonfarm lot in the rural area. Both lot additions are proposing to create lots that are double the size of the minimum requirement. Currently, the Provincial Policy Statement and the Community Official Plan have policies to protect the lands that fall within the future expansion area, however these policies are only triggered when either new lots are being created or a change of use or the construction of building or structures that require approval under the Planning Act occur. Page 15 of 76

16 While the proposed lot additions will impact the orderly pattern of development and will impact the efficiency of the future expansion lands just the same as the creation of new lots, the regulatory policies referred to previously do not apply because lot additions are not included in the defining term of development. The lot additions do not represent good planning for the municipality because of the impact that they will have on the expansion lands and the extension of future municipal services. Furthermore, the application are creating lots that are more the twice of the minimum lot area required for non-farm lots in the rural area, which are identified for future growth. However current policies in the Community Official Plan do not prevent the proposed lot additions. Zoning By-law The zoning for the property is currently designated Rural (RU) in the Town s Zoning Bylaw. The By-law requires a minimum lot area of 0.4ha (1ac) and minimum lot frontage of 45m (147.6ft). These provisions apply to both the retained and the severed lots. The existing lots currently exceed the minimum by-law requirements for minimum lot area. By-Law 02/102 By-law 02/102 is a by-law that was passed by the municipality requiring all property owners within the urban boundary of Almonte to connect to the municipal water and sewage system within 9 months of being notified by registered mail. As indicated above, these lands are part of the future urban expansion of Almonte Wards. When the urban boundary for Almonte Ward is expanded the properties will have to connect into the municipal water and sewer infrastructure at their cost. Applications B09/083 and B09/ 084 (New Lots) Provincial Policy Statement The 2005 Provincial Policy Statement does not speak specifically to lot severances in the rural area. Community Official Plan The holding subject to the consent applications to create the new lot is an independent holding from the abutting properties. The Community Official Plan states that severances and lot creation are permitted on lands designated Rural, but are limited to two lots plus the retained lot, except where otherwise specifically provided for in the plan. Section 3.3.6(4) also states that consents for boundary adjustments, partial discharge of mortgage, easements or right of ways shall not be considered towards the maximum number of consents per holding. In 1975, Roy Rodger severed approximately 3-acres from the original holding and transferred the land to the North Lanark District Co-operative. This severance would count as the first of the permitted severances. Based on this, the applicant is entitled to one additional severance. The lots being proposed have an approximate lot area of 1.03ha, which is consistent with the minimum lot area for a rural severance. Section (v) requires that All lots will have to have a suitable road access in accordance with the relevant policies of this plan. Proposals which result in the creation of land locked parcels shall be strongly discouraged. Page 16 of 76

17 Section (4) titled Unopened Road Allowances states The use of unopened road allowances as lanes to gain access to year round residential development shall be discouraged. Section (2), titled General Consent Policies states The Town shall not support consent applications that do not conform to the policies of the Community Official Plan or the provisions of the Zoning By-law. In the case, by allowing the second severance (application B09/084), would prevent the retained parcel from having access to a right of way, which is not consistent with the policies in the Community Official Plan (referred to above) nor is it good planning. Zoning By-law The holding for the property is currently designated Rural (RU) in the Town s Zoning Bylaw. The By-law requires a minimum lot area of 0.4ha (1ac) and minimum lot frontage of 45m (147.6ft). These provisions are applied to both the retained and the severed lots. Section 6.21 of Zoning By-law 6.21, entitled Frontage on a Public Street, states No building or structure shall be erected in any zone except the Limited Services Residential (LSR) Zone unless the lot on which such building or structure located has frontage on a road which is an improved road and is part of the Corporation s approved road system. This provision shall not apply to a lot on a registered plan of subdivision where an agreement between the owner and the Corporation, which includes provisions for the construction of the streets in the subdivision, is registered in the Registry Office or the Land Titles Office. Notwithstanding the above, a non-residential building or structure accessory to a permitted agricultural, forestry or conservation use shall not require frontage on an improved road, nor shall hunting or fishing camp. In this case, the holding subject to the applications to create two new residential dwelling lots have already had one severance from the property. As a result, the current Official Plan policies would only allow one additional severance. Furthermore, based on the proposed plan, granting the second severance would land lock the retained parcel. The retained parcel is not part of the future expansion area and therefore must stay rural. If the parcel is landlocked then the owner would be unable to get a building permit because the retained land did not have frontage on a public street. Conclusion Three of the four proposed severances are consistent with the Community Official Plan policy regarding severances and lot creation and are consistent with the Zoning By-law. The fourth severance, being the second new lot application, would not be consistent with the policies of the Community Official Plan as the retained lands would not have frontage onto a municipally owned and maintained road allowance. With this in mind, staff s recommendation is to support the two lot additions and one of the new lot subject to the following conditions and deferred the decision on the application B09/084 until such time as the frontage requirement for the retained lands is resolved: Page 17 of 76

18 Applications B09/081 and B09/082 (Lot Addition) RECOMMENDATION: THAT the Planning & Development Committee support the consent applications B09/081 and B09/082 (Rodger) for the severance of lands described as Pt. Lots 12 and 13, Concession 9, Ramsay Ward, with the following conditions: 1. That the applicant provide a copy of the registered reference plan to the Town; 2. That the applicant pay any outstanding property taxes on the subject property; 3. That the applicant provide an Auto Cad copy of the reference plan in a.dwg format that is geo-referenced to UTN NAD 83, Zone 18 coordinates 4. That the owners of the properties subject to the lot additions enter into a development agreement with the municipality regarding future servicing of the lots Application B09/083 and B09/084 (New Lots) RECOMMENDATION: THAT the Planning & Development Committee support the consent applications B09/083 (Rodger) for the severance of lands described as Pt. Lots 12 and 13, Concession 9, Ramsay Ward, with the following conditions: 1. That the applicant provide a copy of the registered reference plan to the Town; 2. That the applicant pay any outstanding property taxes on the subject property; 3. That the applicant provide an Auto Cad copy of the reference plan in a.dwg format that is geo-referenced to UTN NAD 83, Zone 18 coordinates RECOMMENDATION: THAT the Planning & Development Committee DEFERRED the decision regarding consent application B09/084 (Rodger) for the severance of lands described as Pt. Lots 12 and 13, Concession 9, Ramsay until such time as the frontage issue regarding the retained lands is addressed Conservation Authority Mississippi Valley Conservation Sept 30, 2009 A cursory review of the applications revealed no issues with regard to MVC s plan input and review program. And, the subject lands fall outside of MVC s regulated area. We have therefore screened these applications out of our formal review process. On-Site Services (Septics) Severed B09/081 & B09/ ha vacant parcels. Open field sloping towards Country Street, Drainage does not appear to be an issue. Viewed as lot addition only. Severed B09/083 & B09/ ha vacant parcels. Scrubland that slopes toward Country Street. Rock appears close to the surface of the ground. There is adequate space on each parcel to accommodate a home and septic system. Fill will be required under leaching beds. Retained ha parcel contains a mobile home, well, raised septic system and accessory buildings. Parcel is an open field that slopes toward Country Street. Hydro One Networks Hydro One has advised that they have no comments or concerns regarding these applications. Page 18 of 76

19 Bell Canada R-O-W No comments were received. (c) PLANNING REVIEW The applicant proposes to sever tw0 lot additions and two new residential building lots and retain a ha landholding with an existing residential dwelling and outbuildings. The proposed new lots are not located in the designated Town area of Almonte, or the area designated for Future Expansion Area Almonte Ward. A concept plan has been provided by the applicant, and is attached to the application, together with a Planner s Report. The Zoning By-law designates the lands as Rural. The Land Title Mapping revealed that Part Lot 12 is actually owned by two separate individuals with a municipal unopened street (Grove) street running between the lots. This information did not show on our GIS mapping or MPAC mapping. (Sketch attached). The circulation sketch indicated a frontage south of B09/084 when in fact B09/083 and B09/084 take up the entire frontage along Country Street. A revised sketch has been provided. Taking this into account and the fact that Lot 12 and Lot 13 are under separate PIN s, by approving both new lots, would created a landlocked parcel of land. The lands are accessed via Country Street, a municipally maintained road. For application B09/081, B09/082 and B09/083 there were no objections raised by any of the agencies which were circulated regarding this proposal. However for B09/084, the Town of Mississippi Mills requests that the application be deferred until such time as the frontage issue regarding the retained lands can be addressed. In light of the foregoing, this office is satisfied that the applicant s proposal for B09/081, B09/082 and B09/083 maintains the general intent and purpose of the PPS and Official Plan for the Town of Mississippi Mills and could be given favourable consideration. Staff concurs with the Town of Mississippi Mills and recommends that B09/084 be deferred until such time as the access / frontage issue can be addressed. (d) PUBLIC INPUT No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended. (e) MINUTES November 23, 2009 Ernie Rodger, agent for the applicant, attended the hearing and gave evidence under oath. Mr. Rodger noted that the separate of these lands was an estate issue; therefore there was a need to resolve any issues without delay. Mr. Rodger also noted that he had no objection to amalgamating the remnant lands of Lot 12 and 13 as one parcel if this would expedite matters and that he will work with Mississippi Mills to resolve any outstanding issues. Page 19 of 76

20 (f) DECISION & CONDITIONS DECISION: REASONS: PROVISIONAL CONSENT IS GRANTED Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: B09/081 Lot #1 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 3. That the applicant provide the Town of Mississippi Mills with a copy of the registered reference plan. 4. That the applicant provide the Town of Mississippi Mills with an Auto Cad copy of the reference plan in a.dwg format that is geo-referenced to UTN NAD 83, Zone 18 coordinates. 5. That the owners of the properties subject to the lot addition enter into a development agreement with the Town of Mississippi Mills regarding future servicing of the lot. 6. A letter shall be received from the Town of Mississippi Mills stating that condition #2 to #5 has been fulfilled to their satisfaction. 7. The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned Kenneth Rodger described as Part 1 Reference Plan 26R-481 (PIN (LT) ) being part of Lot 13 Conc. 9, geographic Township of Ramsay, now in the Town of Mississippi Mills, and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction. Page 20 of 76

21 B09/082 Lot #2 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 3. That the applicant provide the Town of Mississippi Mills with a copy of the registered reference plan. 4. That the applicant provide the Town of Mississippi Mills with an Auto Cad copy of the reference plan in a.dwg format that is geo-referenced to UTN NAD 83, Zone 18 coordinates. 5. That the owners of the properties subject to the lot addition enter into a development agreement with the Town of Mississippi Mills regarding future servicing of the lot. 6. A letter shall be received from the Town of Mississippi Mills stating that condition #2 to #5 has been fulfilled to their satisfaction. 7. The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned Ernie Rodger described as Part 1 Reference Plan 26R-481 and Part 1 Reference Plan 26R-1154 (PIN (LT)) being part of Lot 13 Conc. 9, geographic Township of Ramsay, now in the Town of Mississippi Mills, and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction. B09/083 Lot #3 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 3. That the applicant provide the Town of Mississippi Mills with a copy of the registered reference plan. Page 21 of 76

22 4. That the applicant provide the Town of Mississippi Mills with an Auto Cad copy of the reference plan in a.dwg format that is geo-referenced to UTN NAD 83, Zone 18 coordinates. 5. A letter shall be received from the Town of Mississippi Mills stating that condition #2 to #4 has been fulfilled to their satisfaction. NOTES: The Leeds Grenville and Lanark District Health Unit advises that addition fill will be required under leaching beds. i) Defer B09/084 Lot #4 Moved by Chris Tyson and seconded by Dan Murphy THAT Application B09/084 be deferred until such time as the frontage issue regarding the retained lands can be addressed. ADOPTED Page 22 of 76

23 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Thomas Gardiner/Mabel Gardiner Estate Hearing Date: November 23, 2009 Agent: Thomas Gardiner LDC File #: B09/085 Municipality: Beckwith Geographic Township: Beckwith Lot: 4 Concession: 9 Roll No Consent Type: Lot Addition Purpose and Effect: To sever a 3,251 sq.m. parcel of land as a lot addition to lands owned by Stefan & Nancy Jaeger. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? Land to be Severed Land to be Retained Vacant Vacant Lot Addition Vacant 3,251 sq. m. 1 sq. km 186 m 1 km 51 m irregular 1 km Registered R.O.W. Registered R.O.W. n/a None n/a none Rural, Wetlands, Flood Plain Wetlands, Flood Plain, Rural Wetlands, Flood Plain, Rural n/a 0.4-ha (RU) no development (FP & W) n/a 60 m (a) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. Page 23 of 76

24 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. 2.1 Natural Heritage Section Natural features and areas shall be protected for the long term. Section Development and site alteration shall not be permitted in: (a) significant wetlands in Ecoregions 5E, 6E and 7E. Section Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, and unless the ecological features function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features of on their ecological functions. 2.2 Water Section Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections a through g). Section Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. 2.6 Cultural Heritage and Archaeology Section Development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by removal and documentation, or by preservation o site. Where significant archaeological resources must be preserved on site, only development and site alteration which maintain the heritage integrity of the site may be permitted. Section Development site alteration may be permitted on adjacent lands to protected heritage property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected property will be conserved. Mitigative measures and/or alternative development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alterations. 3.1 Natural Hazards Section Development shall generally be directed to areas outside of: (b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Official Plan section 4 General Development Policies, Section 6 Rural Areas, Section6.4 Flood Plain, Section 6.5 Wetlands, Section 7.4 Private Roads Section 9.10 Land Division Committee. Page 24 of 76

25 The Township of Beckwith advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law - Section 3 General Provisions, Section 1 Rural Zone, Section 12 Flood Plain Zone, Section 13 Wetlands Zone. The Township of Beckwith advises that the proposal complies with the zoning by-law regulations. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township of Beckwith recommends approval of this application subject to the following conditions: - That a paper copy of the registered reference plan be provided to the Township. - That an electronic copy of the registered reference plan in dwg. File format be provided to the Township of Beckwith Conservation Authority Mississippi Valley Conservation October 15, 2009 Mississippi Valley Conservation (MVC) has been circulated the above noted application to conduct a review in terms of MVC Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion. According to the information provided, the purpose of the subject application is to sever a 3251 sq.m. parcel of land as a lot addition to 112 Chickadee Lane and to retain a vacant 45-ha parcel of land. The lot to-be-enlarged is already developed. The lot to-be-enlarged and the proposed retained lands have frontage on Mississippi Lake. A review of available GIS mapping also revealed that the lot to-be-enlarged is largely located within the 1:100 year flood plain of Mississippi Lake, while a portion of the retained lands are also partially located within the flood plain. In addition, mapping shows a tributary of Mississippi Lake traveling through the proposed retained lands which also partially consist of the Mississippi Lake Wetland (classified by the Ministry of Natural Resources as Provincially Significant). No natural heritage features or natural hazards were identified on the proposed severed lot. The subject application involves severing a non-waterfront lot to enlarge an already developed waterfront lot. The retained lands continue to meet with minimum lot area and water frontage requirements stipulated in the Township of Beckwith s Zoning By-law. And, the proposed retained lands appear to consist of an adequate building envelope located beyond the 120 metre adjacent lands to the PSW, outside of the 1:100 year flood plain, and which complies with the various zoning provisions. With all of this in consideration, MVC does not have any objection to the proposed severance. However, if future development is proposed on the retained lands within 120 metres of the PSW, we recommend an Environmental Impact Statement be prepared to assess any potential impacts to the PSW. Page 25 of 76

26 The subject property is regulated by MVC pursuant to Ontario Regulation 153/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. The property owners should be advised that written permission is required from MVC prior to the initiation of any potential future development or filling activity (which includes excavations, stockpiling and site grading) within the flood plain or the Regulation Limit of Mississippi Lake, or for any alterations to the shoreline of the lake or interference with the PSW. In addition, in accordance with MVC s Level II fish habitat agreement with the Department of Fisheries and Oceans, MVC is responsible for evaluating proposed works as to their impact on fish habitat in our watershed. Therefore, any proposed works in or near the lake or PSW should be reviewed by MVC to ensure there will be no harmful alteration, disruption or destruction of fish habitat. Authorization under Section 35 of the Fisheries Act may be required for such work. Should any questions arise please do not hesitate to call. Please advise us of the Committee s decision in this matter. On-Site Services (Septics) Leeds, Grenville & Lanark District Health Unit Severed 1 hectare parcel is wooded with evidence of high water table and rock, depending on location. Soil appears sandy. There is adequate space to accommodate a home and septic system. Fill will likely be required under leaching bed. Retained 35 hectare parcel contains depleted pit and wooded areas. Drainage and slope varies. Soil appears sandy. Satisfactory. (c) PLANNING REVIEW The applicant proposes to sever a 3,251 sq.m. vacant lot as a lot addition to lands owned by Stefan Anselm Jaeger and Nancy Lynne Jaeger at 112 Chickadee Lane (Pt Lot 4 Conc. 9 Beckwith). The subject lands are located in an area characterized by Residential and Seasonal Residential on a variety of smaller type lots along the north western shore of Mississippi Lake. Considerable portions of the area are within either PSW Wetlands or Flood Plain. Mississippi Lake is a Regulated Waterway and is therefore subject to additional MVC Regulations. The lands are accessed via Chickadee Lane a private r-o-w, which adjoins Squaw Point Road, a private road, then Scotch Corners Road, a municipally maintained road. A State of the Lake Environment Report was undertaken on Mississippi Lake in 2002 and The reports were able to conduct a comparison between water quality conditions as they existed in 2006 and 2002, to results obtained some 30 years earlier. In general the water quality in Mississippi Lake is good. Chlorophyll a testing indicated that the average a density for the Lake has dropped almost five times between 1975 and However, nutrient loading has increased, therefore every effort should be made to reduce nutrient loading into the lake from land use activities. The Lake was also tested for invasive species, in particular, zebra mussels and spiny water flea. Spiny water flea Page 26 of 76

27 was not detected, but zebra mussel larvae and adults were detected. Residents and property owners need to ensure that all access points to the lake have been posted, indicating the presence of zebra mussels and the precautions they can take to avoid the spread of invasive species to other lakes. The lands are within 300 m of a Primary Water Source (Mississippi Lake) therefore are subject to possible Archaeological Potential. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Township of Beckwith and could be given favourable consideration. (d) PUBLIC INPUT No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended. (e) MINUTES November 23, 2009 No persons attended the hearing. (f) DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The deed of land required by condition #1 above shall recognize any rights-ofway that currently exist. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicant to provide a digital copy of the registered reference plan in a.dwg file format to the Township of Beckwith. 5. The applicant shall provide the Township of Beckwith with a paper copy of all reference plans associated with this application if a survey is required by the Land Titles Office. Page 27 of 76

28 6. A letter shall be received from the Township of Beckwith stating that condition #3 to #5 has been fulfilled to their satisfaction. 7. The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned by Stephan Anselm Jaeger and Nancy Lynne Jaeger described as Part 1, Plan 27R-7157, at Pt Lot 4 Conc. 9 Beckwith, and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction. NOTES 1. The Mississippi Valley Conservation advises that the lands are regulated under Ontario Regulation 153/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. The property owners should be advised that written permission is required from MVC prior to the initiation of any potential future development or filling activity (which includes excavations, stockpiling and site grading) within the flood plain or the Regulation Limit of Mississippi Lake, or for any alterations to the shoreline of the lake. 2. In addition, in accordance with MVC s Level II fish habitat agreement with the Department of Fisheries and Oceans, MVC is responsible for evaluating proposed works as to their impact on fish habitat in our watershed. Therefore, any proposed works in or near the lake should be reviewed by MVC to ensure there will be no harmful alteration, disruption or destruction of fish habitat. Authorization under Section 35 of the Fisheries Act may be required for such work. 3. Residents and users of Mississippi Lake are encouraged to continue a stewardship approach to limit the amount of nutrients entering the lake. 4. Residents and users of Mississippi Lake are encouraged to take precautions to avoid the spread of the invasive species (zebra mussels) to other lakes. 5. That if during the process of development archeological remains be uncovered, the developer or their agents should immediately notify the Archaeology Section of the Ontario Ministry of Culture. That in the event that human remains are encountered during construction, the developer should immediately contact both the Ministry of Culture and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations. 6. The Mississippi Valley Conservation advises that any development on the retained lands will require the preparation of an Environmental Impact Statement to assess any potential impacts to the Mississippi Lake Provincially Significant Wetland. Page 28 of 76

29 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Donald & Ursula Pidgeon Hearing Date: November 23, 2009 Agent: Tracy Zander (ZanderPlan) LDC File #: B09/090 Municipality: Township of Lanark Highlands Geographic Township: Lanark Village Lot: 4 Concession: 2 Pk Lot 9 Plan 320 Roll No Consent Type: new lot Purpose and Effect: To sever a 2.2-ha residential building lot and retain a 7.9-ha vacant landholding. The lands are accessed via Foster Drive, a municipally maintained road. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW Land to be Severed Vacant Residential 2.2-Ha 76 m 286 m Municipal Road Proposed Proposed Rural 1.0-ha 60m n/a Land to be Retained Vacant Vacant 7.9-ha 254 m 286 m Municipal Road None none Rural Rural 1.0-ha 60 m n/a Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Page 29 of 76

30 Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. Official Plan Section 3.0 Growth and Settlement, Section 3.6 Rural Area, Section 4.4 Waste Disposal Facilities, Section Township Roads, Section Subdivisions, Consents and Part-Lot Control. The Township of Lanark Highlands advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law - Section 4.0 General Provisions, Section 6.0 Rural Zone. The Township of Lanark Highlands advises that the proposal complies with the zoning by-law regulations. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Page 30 of 76

31 Page 31 of 76

32 Township of Lanark Highlands recommends approval of this application subject to the following conditions: The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. - That the applicant provide the Township with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed (including the purchaser s abutting property) and the lands retained are in compliance with all zoning provisions. The surveyor s information shall include confirmation of adequate frontage for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated the applicant will take any and all steps to bring the property into compliance. - An acceptable reference plan or legal description of the severed lands and the deed be submitted to the township. - That the applicant submit to the Township the 5% cash-in-lieu of parkland requirement. - That the applicant provide to the Township any required road widening at no cost to the Township. - That the applicant pay any outstanding fees to the Township prior to final approval. - That the applicant undertaken a development agreement with the Township that identifies the Influence Area from the Waste Disposal Facility and the developable area on the lot. Conservation Authority Mississippi Valley Conservation Mississippi Valley Conservation has screened this application out of our formal review process for the following reasons: A review of available GIS mapping shows the Gillies Lake Kerr Lake Wetland located in the vicinity of the subject property. This wetland has been classified by the Ministry of Natural Resources as a Provincially Significant Wetland (PSW). However, given that the subject property is located beyond the 120 metre adjacent lands to this PSW, we do not anticipate any impacts to the wetland resulting from the subject severance. Page 32 of 76

33 No other natural heritage features or natural hazards were identified on the subject property. On-Site Services (Septics) Leeds Grenville and Lanark District Health Unit Sept 25/98 Severed lands 2.2-ha parcel is a maple grove that slopes east with no obvious drainage issues. There is at least 1 foot of sandy soil over road. There is adequate space on parcel to accommodate a new dwelling and septic system. Fill may be required under leaching bed. Retained lands 7.9-ha parcel is an open field sloping east. There appears to be at least 1 foot of sandy soil over rock and no drainage issues. There is adequate space on parcel to accommodate a new dwelling and septic system. Fill may be required under leaching bed. Hydro One Networks No comments were received. Bell Canada R-O-W No comments were received. (c) PLANNING REVIEW The applicant proposes to sever a 2.2-ha residential building lot and retain a 7.9-ha vacant landholding. The subject lands are located in an area characterized by Residential and vacant landholdings. The retained lands will continue to be used as a Maple Sugar Bush for an operation located on additional lands owned by the applicant. The lands are located within the designated settlement area of Lanark Village and the southern portion of the lands is within the 500m influence area of the existing municipal waste disposal site. No development will be permitted within the influence area without further site investigation and the preparation of an Environmental Impact Assessment. An agricultural facility is located on the adjacent lands to the west. A Minimum Distance Separation 1 Report was undertaken, which resulted in a setback requirement of 99 m (324 ft). The distance from the facility to the westerly boundary of the proposed lot is in excess of 100 m. A hydro easement is registered on the lands. The deed will require reference of this easement. The lands are accessed via Foster Drive, a municipally maintained road. Soils Inventory 3 moderately severe limitations that restrict the range of crops or require special conservation practices. Sub-class P stoniness. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Township of Lanark Highlands and could be given favourable consideration. Page 33 of 76

34 (d) PUBLIC INPUT No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended. (e) MINUTES November 23, 2009 Donald and Ursula Pidgeon, owner/applicant, gave evidence under oath. Tracy Zander, was still under oath from an earlier hearing. (f) DECISION & CONDITIONS DECISION: REASONS: PROVISIONAL CONSENT IS GRANTED Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The deed of land required by condition #1 above shall recognize the hydro easement on the lands. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Lanark Highlands. 4. Satisfactory evidence shall be provided to the Township of Lanark Highlands confirming that the lot to be severed and the lot to be retained comply with the pertinent provisions of the Zoning By-law. In the event of non-compliance, appropriate relief shall be obtained either by way of a minor variance or a zoning by-law amendment. 5. The applicant shall provide the Township of Lanark Highlands with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. The applicant shall provide the Township of Lanark highlands with a copy of the deed/transfer for the property. Page 34 of 76

35 7. Payment shall be made to the Township of Lanark Highlands representing the amount satisfactory to the Township of up to 5% of the value of the land pursuant to Section 51.1(3) of the Planning Act (Cash-in-Lieu of Parklands). 8. Sufficient lands shall be deeded to the Township of Lanark Highlands along the frontage of the lot to be severed to meet the municipality s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent should be consulted prior to commencing a survey to determine the amount of road widening required. 9. The applicants shall satisfy all the requirements of the Township of Lanark Highlands, financial and otherwise, that may be required under established bylaws for consent applications. 10. The landowner shall enter into a development agreement with the Township of Lanark Highlands pursuant to Sections 51(25), 51(26) and 53(12) of the Planning Act, which may be registered on title of the lot to be severed, and binding upon the owner and all subsequent owners in title. The wording of the agreement shall be acceptable to the Township of Lanark Highlands and shall address their concerns for regarding the Influence Area from the Waste Disposal Facility and the developable area on the lot. 11. A letter shall be received from the Township of Lanark Highlands stating that condition #3 to #10 has been fulfilled to their satisfaction. Page 35 of 76

36 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Melissa & Jeff McMahon Hearing Date: November 23, 2009 Agent: LDC File #: B09/093 Municipality: Township of Lanark Highlands Geographic Township: Dalhousie Lot: 22/23 Concession: 5 Roll No Consent Type: new lot Purpose and Effect: To sever an ha landholding lot with existing cabins/cottages and retain a 1.01-ha residential lot together with an r-o-w. The parcels have merged on title. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? Land to be Severed Land to be Retained Cabins Residence residential Residence ha ha m m (water) m m Municipal Road R-O-W to Municipal Road Private well Private well Septic system Septic System Rural and Organic Soils Commercial Recreational Commercial Recreational & Limited Service Rural 1.0-ha 1.0-ha 60 m (CR) 60 m (CR) 1.0-ha (LSR) In Part n/a n/a (a) NEW INFORMATION The applicants have requested that the severed lands be changed to the retained lands. This is a result of discussions with their surveyor who advised that the severed lands are required to be surveyed, and as this is a fairly large parcel 83-ha, the costs would be quite high. Page 36 of 76

37 (b) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. 2.1 Natural Heritage Section Natural features and areas shall be protected for the long term. Section Development and site alteration shall not be permitted in: (a) significant wetlands in Ecoregions 5E, 6E and 7E. Section Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, and unless the ecological features function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features of on their ecological functions. 2.2 Water Section Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections a through g). Section Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. 2.6 Cultural Heritage and Archaeology Section Development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by removal and documentation, or by preservation o site. Where significant archaeological resources must be preserved on site, only development and site alteration which maintain the heritage integrity of the site may be permitted. Section Development site alteration may be permitted on adjacent lands to protected heritage property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected property will be conserved. Page 37 of 76

38 Mitigative measures and/or alternative development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alterations. 3.1 Natural Hazards Section Development shall generally be directed to areas outside of: (b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Official Plan Section 3 Growth and Settlement, Section 3.6 Rural Area, Section 4.2 Water Supply and Sewer Services, Section Township Roads, Section Private Roads, Section 7.5 Natural Heritage Features, Section 8.2 Organic Soils, Section Subdivisions, Consents and Part-Lot Control. The Township of Lanark Highlands advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law - Section 4 General Provisions, Section 10.0 Limited Service Rural Zone, Section 15.0 Commercial Recreational Zone. The Township of Lanark Highlands advises that the proposal does not comply with the zoning by-law regulations. Council will entertain a zoning by-law amendment to rezone the lands from Commercial Recreational to Limited Services Rural. (c) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Page 38 of 76

39 Page 39 of 76

40 Township of Lanark Highlands recommends approval of this application subject to the following conditions: - The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. - That the applicant provide the Township with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed (including the purchaser s abutting property) and the lands retained are in compliance with all zoning provisions. The surveyor s information shall include confirmation of adequate frontage for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated the applicant will take any and all steps to bring the property into compliance. - An acceptable reference plan or legal description of the severed lands and the deed be submitted to the township. - That the applicant submit to the Township the 5% cash-in-lieu of parkland requirement. - That the applicant provide to the Township any required road widening at no cost to the Township. - That the applicant pay any outstanding fees to the Township prior to final approval. - That the applicant undertaken a development agreement with the Township in order to recognize the private road or right-of-way and to outline maintenance responsibilities. - That the proposed right-of-way is registered on title. Conservation Authority Mississippi Valley Conservation Mississippi Valley Conservation (MVC) has been circulated the above noted application to conduct a review in terms of MVC Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion. According to the information provided, the applicant proposes to sever an ha landholding with existing vacant seasonal units and retain a 1.01-ha lot with an existing residence, together with an r-o-w. A review of available GIS mapping shows an unnamed waterbody on the subject land which drains a section of the Little Clyde River. And, aerial photography shows an unnamed tributary of this waterbody. A significant portion of the tributary appears to be surrounded by unclassified wetland. In addition, Soils Mapping prepared by the Geologic Survey of Canada shows areas of Muck i.e. organic soils on the subject land, including the location of the unnamed waterbody. No other natural heritage features or natural hazards were identified. The resulting lots meet with the current minimum area requirements set out in the Township of Lanark Highlands Zoning By-law. Both lots are already developed and no new development is proposed at this time. We assume any potential future development Page 40 of 76

41 will comply with the Zoning By-law, particularly in terms of waterbody setback requirements and the retention of shoreline vegetation, and will occur outside of areas containing organic soils. With all of this in consideration, MVC does not have any objections to the subject application. The property owner should be advised that in the event that shoreline work is proposed on the unnamed waterbody in the future, written permission may be required from MVC pursuant to Ontario Regulation 153/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. In addition, any proposed works in or near the unnamed waterbody; wetland or tributary should be reviewed by MVC to ensure there will be no harmful alteration, disruption or destruction of fish habitat. Authorization under Section 35 of the Fisheries Act may be required for such work. Should any questions arise please do not hesitate to call. Please advise us of the Committee s decision in this matter. On-Site Services (Septics) Leeds Grenville and Lanark District Health Unit Severed Lands severed parcel (180 acres) is wooded with variable slope and drainage. It contains existing cottages, wells, a Class 1 and Class 4 septic systems and a road. Soil appears sandy. There is exposed rock in various locations. Existing Class 1 and Class 4 Septic systems do not appear to be malfunctioning from the surface of the ground. There is adequate space on parcel for replacement. Retained Land retained parcel contains existing cottage and raised septic system. Land slopes towards the river. There does not appear to be drainage issues. The existing septic system shows no signs of malfunction from the ground surface. There is adequate space on parcel to accommodate a replacement septic system. Hydro One Networks No comments were received. Bell Canada R-O-W No comments were received. (d) PLANNING REVIEW The applicant proposes to sever an ha landholding with existing cottages / cabins and retain a 1.01-ha residential lot with an existing dwelling. The two parcels of land were inadvertently merged when acquired separately by the current owner. Subsequently, the applicants has requested to changed the severed lands for the retained lands resulting in the following. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Land to be Severed Residence Residential ha m (water) m R-O-W to Municipal Rd Private well Septic system Land to be Retained Cabins Same ha m m Municipal Road Private well Septic System Page 41 of 76

42 Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? Commercial Recreational & Limited Service Rural 1.0-ha 60 m (CR) In Part Rural and Organic Soils Commercial Recreational 1.0-ha 60 m (CR) The comments and conditions set out by the Township, with the exception of road widening will continue to apply to the revised application. The subject lands are located in an area characterized by large landholdings with limited residential development. The lands are accessed via a private r-o-w which adjoins Umpherson Mills Road, a municipally maintained road. The Official Plan also indicates that a large portion of the lands are within Organic Soils, however all development has occurred adjacent to the Little Clyde River. No development shall be permitted in organic soils unless the hazard can be overcome using acceptable engineering techniques and where applicable, the standards set out in the Building Code can be met. Soils Inventory 7 - this class has no capability of arable culture or permanent pasture, sub-class PR stoniness and shallowness to bedrock. North portion organic soils. The lands are within 300 m of a Primary Water Source (Little Clyde River) therefore are subject to possible Archaeological Potential. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Township of Lanark Highlands and could be given favourable consideration. (e) PUBLIC INPUT No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended. (f) MINUTES November 23, 2009 Melissa McMahon, owner/application attended the hearing and gave evidence under oath. (g) Ms. McMahon requested clarification on the 5% cash-in-lieu and the requirements for rezoning. The chair advised that she should speak directly to the Township of Lanark Highlands in this regard. DECISION & CONDITIONS Page 42 of 76

43 DECISION: REASONS: PROVISIONAL CONSENT IS GRANTED Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The reference plan or legal description and the deed or instrument required by condition #1 above shall relate to the revised Sketch presented November 23, The reference plan required by condition #1 above shall include the right-of-way providing access to the severed lands. 4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Lanark Highlands. 5. Satisfactory evidence shall be provided to the Township of Lanark Highlands confirming that the lot to be severed and the lot to be retained comply with the pertinent provisions of the Zoning By-law. In the event of non-compliance, appropriate relief shall be obtained either by way of a minor variance or a zoning by-law amendment. 6. The lot to be severed and the lot to be retained shall be zoned to an appropriate zoning category for the intended use. The applicant shall consult directly with the Township of Lanark Highlands. 7. The applicant shall provide the Township of Lanark Highlands with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 8. The applicant shall provide the Township of Lanark highlands with a copy of the deed/transfer for the property. 9. Payment shall be made to the Township of Lanark Highlands representing the amount satisfactory to the Township of up to 5% of the value of the land pursuant to Section 51.1(3) of the Planning Act (Cash-in-Lieu of Parklands). 10. The applicants shall satisfy all the requirements of the Township of Lanark Highlands, financial and otherwise, that may be required under established by- Page 43 of 76

44 laws for consent applications. 11. The landowner shall enter into a development agreement with the Township of Lanark Highlands pursuant to Sections 51(25), 51(26) and 53(12) of the Planning Act, to be registered on title of the lot to be severed, and binding upon the owner and all subsequent owners in title. The wording of the agreement shall be acceptable to the Township of Lanark Highlands and shall address their concerns for ongoing maintenance and repair of the private road. 12. A letter shall be received from the Township of Lanark Highlands stating that condition #4 to #11 has been fulfilled to their satisfaction. NOTES: - That if during the process of development archeological remains be uncovered, the developer or their agents should immediately notify the Archaeology Section of the Ontario Ministry of Culture. That in the event that human remains are encountered during construction, the developer should immediately contact both the Ministry of Culture and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations. - Mississippi Valley Conservation advises that in the event that shoreline work is proposed on the unnamed waterbody in the future, written permission may be required from MVC pursuant to Ontario Regulation 153/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. - In addition, any proposed works in or near the unnamed waterbody; wetland or tributary should be reviewed by MVC to ensure there will be no harmful alteration, disruption or destruction of fish habitat. Authorization under Section 35 of the Fisheries Act may be required for such work. LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Page 44 of 76

45 Owner: Muriel Dombret Hearing Date: November 23, 2009 Agent: LDC File #: B09/094 and B09/095 Municipality: Township of Lanark Highlands Geographic Township: Lanark Lot: 14 Concession: 4 Roll No Consent Type: two new lots Purpose and Effect: To sever two (2) residential building lots Lot # ha residential building lot and Lot # ha lot with an existing dwelling and to retain a 34.3-ha vacant landholding. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? Land to be Severed Land to be Retained B09/094 B09/095 Vacant Residential Vacant Vacant same Vacant 1.41-ha 4.04-ha 34.3-ha 79.3 m 80.5m 174 m m m 396 m Municipal Rd Municipal Rd Municipal Road Future Private Well Future Future Septic System future Rural and Organic Soils Rural Rural Rural 1.0-ha 1.0-ha 1.0-ha 60 m 60 m 60 m n/a n/a n/a (a) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services Page 45 of 76

46 shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. 2.1 Natural Heritage Section Natural features and areas shall be protected for the long term. Section Development and site alteration shall not be permitted in: (a) significant wetlands in Ecoregions 5E, 6E and 7E. Section Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, and unless the ecological features function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features of on their ecological functions. 2.6 Cultural Heritage and Archaeology Section Development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by removal and documentation, or by preservation o site. Where significant archaeological resources must be preserved on site, only development and site alteration which maintain the heritage integrity of the site may be permitted. Section Development site alteration may be permitted on adjacent lands to protected heritage property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected property will be conserved. Mitigative measures and/or alternative development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alterations. 3.1 Natural Hazards Section Development shall generally be directed to areas outside of: (b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Official Plan section 3 Growth and Settlement, Section 4.2 Water Supply and Sewage Supply, Section 4,5,3 Township Roads, Section 5 Cultural Heritage and Archaeological Resources, Section 8.2 Organic Soils, Section Subdivisions, Consents and Part-Lot Control. The Township of Lanark Highlands advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law - Section 4 General Provisions, section 6.0 Rural Zone. The Township of Lanark Highlands advises that proposal complies with the zoning bylaw regulations. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Page 46 of 76

47 Page 47 of 76

48 Township of Lanark Highlands recommends approval of this application subject to the following conditions: - The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. - That the applicant provide the Township with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed (including the purchaser s abutting property) and the lands retained are in compliance with all zoning provisions. The surveyor s information shall include confirmation of adequate frontage for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated the applicant will take any and all steps to bring the property into compliance. - An acceptable reference plan or legal description of the severed lands and the deed be submitted to the township. - That the applicant submit to the Township the 5% cash-in-lieu of parkland requirement. - That the applicant provide to the Township any required road widening at no cost to the Township. - That the applicant pay any outstanding fees to the Township prior to final approval. Conservation Authority Mississippi Valley Conservation Mississippi Valley Conservation (MVC) has been circulated the above noted application to conduct a review in terms of MVC Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion. According to the information provided, the purpose of the subject application is to sever a vacant 1.41-ha building lot (B09/094), sever a 4.04 ha lot with an existing dwelling (B09/095), and retain a vacant 34.3-ha landholding. A review of available GIS mapping shows a wetland on a portion of the proposed Page 48 of 76

49 severed lot B and the retained lands. However, during a site visit conducted by MVC staff on November 12, 2009, this wetland appeared more as a lowland area consisting of primarily reed grass. This area did not appear wet at the time of the site visit; however it may become seasonally wet and consist of organic soils. No other natural heritage features or natural hazards were identified on the subject property. The resulting lots meet with the current minimum area requirements set out in the Township of Lanark Highlands Zoning By-law and no significant natural heritage features were identified. Therefore, MVC does not have any objection to the proposed severances provided that any potential future development is directed outside of areas containing organic soils. Should any questions arise please do not hesitate to call. Please advise us of the Committee s decision in this matter. On-Site Services (Septics) Leeds Grenville and Lanark District Health Unit Severed lands B09/ acre parcel is rolling with sandy soil and exposed rocks. No drainage issues observed. There is adequate space on parcel to accommodate a dwelling and septic system. Fill may be required in leaching bed area, depending on location. Severed lands B09/ acre parcel contains a dwelling, outbuildings, well and septic system. Land is rolling with sandy soil. No drainage issues observed. The existing raised system shows no signs of stress from the surface of the ground. There is adequate space on parcel for replacement. Retain Lands 85 acre parcel is rolling with wooded and open portions. Soil is sandy with exposed rocks. Drainage is variable. There is adequate space on parcel to accommodate a dwelling and septic system. Fill may be required in leaching bed area, depending on location. Hydro One Networks No comments were received. Bell Canada R-O-W No comments were received. (c) PLANNING REVIEW The applicant proposes to sever two new residential lots Lot #1 is a 1.41-ha residential building lot and Lot #2 a 4.04-ha lot with an existing dwelling. The retained lands are vacant and consist of 34.3-ha. The configuration of the lots is such that all three will maintain access to the Township maintained Road. The subject lands are located in an area characterized by limited Residential and seasonal residential along the Clyde River. A private road traverses through the lands (approx on B09/094) to the seasonal lots along the Clyde River, and therefore will require consideration in the Conditions. The lands are accessed via 4 th Conc. B Lanark, a municipally maintained road. The Township has confirmed that the road is maintained as far as the dwelling located on B09/095. The Official Plan designations a large portion of the south east corner of the retained Page 49 of 76

50 lands as organic soils, no development will be permitted within this area with first obtaining and Environmental Impact Statement. As well a portion of the western boundary of both proposed severed lands also has been designated as organic soils. This area is also with proximity of the Clyde River. Soils Inventory 7- this class has no capability of arable culture or permanent pasture, sub-class PR stoniness and shallowness to bedrock. South eastern portion organic soils. The lands are within 300 m of a Primary Water Source (Clyde River) therefore are subject to possible Archaeological Potential. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Township of Lanark Highlands and could be given favourable consideration. (d) PUBLIC INPUT Written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended, as follows: Francis Kohn and Susan Takarangi October 20, 2009 This letter gives written notice to all those affected by or involved in the possible subdivision of Pt Lot 14 Conc. 4 geographical Township of Lanark File No. B and B09/095. The owners of Conc. 3 E Pt Lot 13 have a legal right of way allowing for access from 4 th Con B Lanark to their property which passes close to or possibly crosses the property or properties under consideration in the application of Muriel Dombret. (e) MINUTES November 23, 2009 Muriel Dombret, owner/application attended the hearing and gave evidence under oath. Ms. Dombret advised that she was aware of the R-O-W across the property and noted that this has been conveyed to the surveyor. (f) DECISION & CONDITIONS DECISION: REASONS: PROVISIONAL CONSENT IS GRANTED Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: Page 50 of 76

51 B09/094 Lot #1 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The deed of land required by condition #1 above shall recognize any rights-ofway that currently exist. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Lanark Highlands. 4. Satisfactory evidence shall be provided to the Township of Lanark Highlands confirming that the lot to be severed and the lot to be retained comply with the pertinent provisions of the Zoning By-law. In the event of non-compliance, appropriate relief shall be obtained either by way of a minor variance or a zoning by-law amendment. 5. The applicant shall provide the Township of Lanark Highlands with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. The applicant shall provide the Township of Lanark Highlands with a copy of the deed/transfer for the property. 7. Payment shall be made to the Township of Lanark Highlands representing the amount satisfactory to the Township of up to 5% of the value of the land pursuant to Section 51.1(3) of the Planning Act (Cash-in-Lieu of Parklands). 8. Sufficient lands shall be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent should be consulted prior to commencing a survey to determine the amount of road widening required. 9. The applicants shall satisfy all the requirements of the Township of Lanark Highlands, financial and otherwise, that may be required under established bylaws for consent applications. 10. A letter shall be received from the Township of Lanark Highlands stating that condition #3 to #9 has been fulfilled to their satisfaction. NOTES: - That if during the process of development archeological remains be uncovered, Page 51 of 76

52 the developer or their agents should immediately notify the Archaeology Section of the Ontario Ministry of Culture. That in the event that human remains are encountered during construction, the developer should immediately contact both the Ministry of Culture and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations. B09/095 Lot #2 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The deed of land required by condition #1 above shall recognize any rights-ofway that currently exist. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Lanark Highlands. 4. Satisfactory evidence shall be provided to the Township of Lanark Highlands confirming that the lot to be severed and the lot to be retained comply with the pertinent provisions of the Zoning By-law. In the event of non-compliance, appropriate relief shall be obtained either by way of a minor variance or a zoning by-law amendment. 5. The applicant shall provide the Township of Lanark Highlands with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. The applicant shall provide the Township of Lanark Highlands with a copy of the deed/transfer for the property. 7. Payment shall be made to the Township of Lanark Highlands representing the amount satisfactory to the Township of up to 5% of the value of the land pursuant to Section 51.1(3) of the Planning Act (Cash-in-Lieu of Parklands). 8. Sufficient lands shall be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent should be consulted prior to commencing a survey to determine the amount of road widening required. 9. The applicants shall satisfy all the requirements of the Township of Lanark Highlands, financial and otherwise, that may be required under established bylaws for consent applications. Page 52 of 76

53 10. A letter shall be received from the Township of Lanark Highlands stating that condition #3 to #9 has been fulfilled to their satisfaction. NOTES: - That if during the process of development archeological remains be uncovered, the developer or their agents should immediately notify the Archaeology Section of the Ontario Ministry of Culture. That in the event that human remains are encountered during construction, the developer should immediately contact both the Ministry of Culture and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations. LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Alex Testa c/o AMT Group Inc. Hearing Date: November 23, 2009 Page 53 of 76

54 Agent: Kate Whitefield, JL Richards & Associates LDC File #: B09/098 Municipality: Beckwith Geographic Township: Beckwith Lot: 12 Concession: 8 Roll No Consent Type: New Lot Purpose and Effect: To sever a 0.8-ha residential building lot with an existing dwelling and retain a 22.2-ha landholding. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category Land to be Severed Land to be Retained Residence Vacant Residence Draft Plan of Subdivision 0.8 ha 22.2 ha 63.7 m m irregular m irregular Provincial Highway Municipal Road Private Well Proposed Wells Private Septic Proposed Septic Greater Blacks Corners Development Area Residential h Residential h -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW 0.4-ha 45 m n/a 0.4-ha 45 m n/a Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. Page 54 of 76

55 Official Plan Section 4 General Provisions, Section 6 Rural Areas, Section 7.1 Provincial Highways. The Township of Beckwith advises that the proposal conforms with the designations and policies of the Official Plan. Zoning By-law - Section 3 General Provisions, section 4.5 Holding Zones, Section 5 Residential Zones. The Township of Beckwith advises that the proposal complies with the zoning by-law regulations. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township of Beckwith recommends approval of this application subject to the following conditions: - That all structures are located under the guidance of the Chief Building Official in accordance with the Ontario Building Code and all municipal by-laws. - That a paper copy of the registered reference plan be provided to the Township of Beckwith. - That an electronic copy of the registered reference plan in dwg. File format be provided to the Township of Beckwith. Conservation Authority Rideau Valley Conservation Authority The Conservation Partners have completed a review of the above noted application to sever a 0.8 ha residential lot from a larger (22.2 ha) land holding that is subject to a plan of subdivision (09T ). The lot to be severed has an existing residence situated on it. We have undertaken our review within the context of Sections 2.1 Natural Heritage, 2.2 Water, and 3.1 Natural Hazards of the Provincial Policy Statement issued under Section 3 of the Planning Act. We have also considered this matter relative the requirements of Conservation Authorities Act regulations. We have not identified any natural heritage, water, natural hazards or regulatory issues (Conservation Authorities Act) that would preclude the approval of this application. Development issues on the retained lands will be addressed through our review of the plan of subdivision application. In conclusion, the Conservation Partners have no objection to or conditions of approval for this application. On-Site Services (Septics) Leeds, Grenville & Lanark District Health Unit Severed 1.98 acre parcel contains a chalet style dwelling, well and septic system. Bedrock is close to the surface of the ground in the area and the property is relatively flat. There does not appear to be drainage issues. The existing raised septic system shows no signs of malfunction from the surface of the ground. There is adequate space for replacement. Retained Our office is in receipt of a Draft Plan of Subdivision for this 54.9 acre parcel. 36 lots are proposed. Satisfactory. Page 55 of 76

56 Hydro One Networks advised that a primary line crosses the proposed lot with a transformer and 2 anchors. Bell Canada R-O-W No comments were received. Ministry of Transportation No comments received. (c) PLANNING REVIEW The applicant proposes to sever a 0.8-ha residential lot with an existing dwelling and retain a 22.2-ha landholding that is the subject of a plan of subdivision (09-T-09002) The severance is required to remove the parcel from the landholding that is the subject of the plan of subdivision in accordance with requirements of the Land Titles Office in order to obtain Certification of Title. The lands are currently serviced by an existing entrance to Highway No. 15 (8215 Hwy 15). The lands are currently zoned as Residential-holding in the Township of Beckwith Zoning By-law. The purpose of a holding symbol is generally to ensure that private services are appropriate. Since septic system and well are already in use by the existing dwelling, this is not an issue of concern. Further, the Official Plan states that lands within holding zones are limited to existing uses. As long as new development is not proposed, the holding symbol does not need to be lifted as a condition of consent approval. The subject lands are located in an area characterized by Residential and limited Commercial Development on a variety of lot sizes along Highway 15. A planned Subdivision (Sunset Woods) is proposed for the retained lands. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Township of Beckwith and could be given favourable consideration. (d) PUBLIC INPUT Written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended, as follows: Donna Timmins Oct 4/09 Please inform me of the public meeting re the proposal for subdivision 09-T whereby the lands are accessed via 9 th Line Beckwith. (e) MINUTES November 23, 2009 Alex Testa, owner/application and Donna Timmons, adjacent landowner, attended the hearing and gave evidence under oath. Ms. Timmons advised that her concerns were with additional water run-off from the development. Page 56 of 76

57 Mr. Testa outlined that the drainage issues have been addressed through the Country Lane Subdivision. Permits have just recently been received and work will commence to redirect and improve the drainage. (f) DECISION & CONDITIONS DECISION: REASONS: PROVISIONAL CONSENT IS GRANTED Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The deed of land required by condition #1 above shall recognize any hydro easement on the lands. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Beckwith. 4. The applicant to provide a digital copy of the registered reference plan in a.dwg file format to the Township of Beckwith. 5. The applicant shall provide the Township of Beckwith with a paper copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. A letter shall be received from the Township of Beckwith stating that condition #3 to #5 has been fulfilled to their satisfaction. NOTES: - The applicant is advised that all structures must be located under the guidance of the Chief Building Official for the Township of Beckwith in accordance with the Ontario building Code and all municipal By-laws. LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Barbara Joynt & Sharon Thomson Hearing Date: November 23, 2009 Agent: Wilburt Crain LDC File #: B09/101, B09/102, B09/103 and B09/104 Page 57 of 76

58 Municipality: Tay Valley Township Geographic Township: North Burgess Lot: 2 Concession: 7 Roll No Consent Type: 3 new lots & 1 lot addition Purpose and Effect: to sever three (3) new residential building lots and one (1) lot addition. DETAILS OF PROPOSAL Land to be Severed Land to be Retained B09/101 B09/102 B09/103 B09/104 Existing Use Proposed Use Vacant Residentia Vacant Residentia Vacant Residentia Vacant Addition Residential Residential Area Frontage (water) Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW l 1.4-ha 122 m 190 m R-O-W Proposed Proposed Rural 1.0-ha 60 m n/a l 1.7-ha 129 m 209 m R-O-W Proposed Proposed Rural 1.0-ha 60 m n/a Page 58 of 76 l 1.9-ha 87 m 208 m R-O-W Proposed Proposed Rural 1.0-ha 60 m n/a 0.5-ha 14.3 m 52.1 m n/a n/a n/a Rural Rural n/a 57.0-ha 500 m (Road) 1.4 km County Rd Private Well Septic System Rural 2.0-ha 6 0 m Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. 2.1 Natural Heritage Section Natural features and areas shall be protected for the long term.

59 Section Development and site alteration shall not be permitted in: (a) significant wetlands in Ecoregions 5E, 6E and 7E. Section Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, and unless the ecological features function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features of on their ecological functions. 2.2 Water Section Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections a through g). Section Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. 2.6 Cultural Heritage and Archaeology Section Development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by removal and documentation, or by preservation o site. Where significant archaeological resources must be preserved on site, only development and site alteration which maintain the heritage integrity of the site may be permitted. Section Development site alteration may be permitted on adjacent lands to protected heritage property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected property will be conserved. Mitigative measures and/or alternative development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alterations. 3.1 Natural Hazards Section Development shall generally be directed to areas outside of: (b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Official Plan Section 2 General Development Policies, Section 3.6 Rural Policies, section 4.5 Private Roads, Section 5.2 Land Division Policies Tay Valley Township advises that the proposal conforms with the designations and policies of the Official Plan. Zoning By-law - Section 3 General Provisions, Section 10 Rural Zones. Tay Valley Township advises that the proposal does not comply with the Zoning By-law regulations. The lands will required re-zoning to Limited Service Rural. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an Page 59 of 76

60 interest in the proposal. The following comments were received: Tay Valley Township recommends approval of this application subject to the following conditions: - Payment of all taxes owing; - Payment of all costs incurred by the Township for review; - Copy of Deed / Transfer; - 2 copies of the reference plan; - Parkland contribution of $200.; - Rezoning from RU to RLS; - Site Plan Control Agreement for the remnant parcel within 100m of the lake; - Confirmation that the road access conforms to the Official Plan. Conservation Authority Rideau Valley Conservation Authority Page 60 of 76