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, June 29, 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 May 25, 2009 and June 11, 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 82

2 5. DELEGATIONS & PRESENTATIONS None. 6. COMMUNICATIONS 6.1 Evelyn Wheeler comments regarding B08/176 Kirkland Hearing. 6.2 The Secretary-Treasurer was requested to send a second letter to Lanark Highlands, requesting clarification on their suggested condition re: Surveyors Certificate, noting that the Committee and surveyors are having difficulty interpreting the purpose of the condition. 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 B08/ B08/003, B08/004, B08/005, B08/006 and B08/007 REVISED, B09/016 & B09/017 Adrian Schouten (5 new lots & 2 lot additions) Pt. Lot 29 & 30 Conc. 2 Township of Montague (Rainbow Valley Drive) B08/189, B08/190 and B08/191 Renny Burchill (3 new lots) Pt Lot 1 Conc. 9 geographic Township of Drummond, now in the Township of Drummond / North Elmsley (Drummond Conc. 10A). 7.2 The Land Division Committee reviewed the reports for the following new applications to be considered at the 10:00 a.m. and 1:00 p.m. public hearings: B09/019 & B09/020 Brent Easton (2 new lots) Pt. Lot 8 & 9 Conc. 2 geographic Township of Lanark, now in the Township of Lanark Highlands. (Rogers Road) B09/022 Brent Coutts (lot addition) Pt Lot 17 Conc. 9 geographic Township of Bathurst, now in Tay Valley Township (9 th Conc. Bathurst) B09/029 Kenneth & Mary Balderston (R-O-W) Pt Lot 7 & 8 Conc. 1 & 2 geographic Township of South Sherbrooke, now in Tay Valley Township (Farren Lake Lane). Page 2 of 82

3 7.2.4 B09/043 & B09/044 Jack & Judy Wood and Jim Wood (Lot Additions) Pt Lot 6 Conc. 9 geographic Township of Pakenham, now in the Town of Mississippi Mills (9 th Conc. S Pakenham) B09/052 & B09/061 Malcolm Thom and Albert Thom (2 new lots) Pt Lot 11/12 Conc. 6, geographic Township of Ramsay, now in the Town of Mississippi Mills (Rae Road and Ramsay Con. 6B) B09/053, B09/054 & B09/055 Bill Bolger (3 new lots) Pt Lot 24 Conc. 5, geographic Township of Ramsay, now in the Town of Mississippi Mills (Bellamy Mills 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. The Land Division Committee made the following decisions at the hearings: PROVISIONAL CONSENT GRANTED 8.1 B08/ B08/003, B08/004, B08/005, B08/006 and B08/007 REVISED Adrian Schouten (5 new lots). 8.2 B09/016 (REVISED) & B09/017 Adrian Schouten (1 new lot & 1 addition) 8.3 B08/189, B08/190 and B08/191 Renny Burchill (3 new lots) 8.4 B09/019 & B09/020 Brent Easton (2 new lots) 8.5 B09/022 Brent Coutts (lot addition) 8.6 B09/029 Kenneth & Mary Balderston (R-O-W) The hearing recessed at 11:45 a.m. The hearing re-convened at 1:00 p.m. 8.7 B09/043 Jack & Judy Wood (Lot Addition) 8.8 B09/044 Jim Wood (Lot Addition) 8.9 B09/052 & B09/061 Malcolm Thom and Albert Thom (2 new lots) 8.10 B09/053, B09/054 & B09/055 Bill Bolger (3 new lots) 9. ADJOURNMENT The meeting adjourned at 1:40 p.m. Mary Kirkham Secretary-Treasurer Page 3 of 82

4 PUBLIC HEARING REPORTS Page 4 of 82

5 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Ontario Inc. Hearing Date: April 27, nd Hearing Date: June 29, 2009 Agent: Adrian Schouten LDC File #: B08/003, B08/004, B08/005, B08/006 and B08/007 REVISED Municipality: Township of Montague Geographic Township: Montague Lot: 29 & 30 Concession: 2 Roll No Consent Type: 2 lot addition Purpose and Effect: B08/003 REVISED reduce water frontage from 69.0 m to 61.9 m, decrease lot size from ha to 0.6-ha, change turning circle configuration. B08/004 REVISED increase water frontage from 35.6 m to 54.5 m, increase lot size from ha to 0.88 ha. B08/005 REVISED decrease water frontage from 69 m to 57.5 m, decrease lot size from 1.6- ha to 1.5-ha. B08/006 REVISED increase water frontage from 68.1 m to 79.8 m, decrease lot size from 0.91-ha to 0.8-ha, change turning circle configuration, revise lot line configuration. B08/007 REVISED increase water frontage from 67.0 m to 72.8 m, decrease lot size from 1.47-ha to 1.4-ha, revise lot lines. (a) AGENCY REVIEW The revised applications were circulated to those agencies that provided comments on the original applications. Applications B09/016 and B09/017 were circulated to all agencies Township of Montague confirmed that they have no objections to the revised applications, and the conditions that the Township requested with the original applications still apply. For B09/016 and B09/017 the following conditions should apply: - That the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. - That a copy of the reference plan to be provided to the Township of Montague. Conservation Authority Rideau Valley Conservation Authority Page 5 of 82

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10 Septic Approvals Leeds Grenville and Lanark District Health Unit B09/016 relatively flat grassed land sloping from east to west. Proposed addition to an existing residential house serviced by a Class 4 septic system and private well. Sandy Loan soil 5 feet deep. Satisfactory. B09/017 Gently rolling scrub land with no soil drainage problems. Clay loam 55 feet deep. Proposed addition to an existing residential house. Satisfactory. Retained relatively flat scrub land with no soil drainage problems. Clay loam soil 5 feet deep. Satisfactory. Page 10 of 82

11 (b) PLANNING REVIEW See B08/003 to B08/008 report for April 27, 2009 (c) 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. (d) MINUTES APRIL 27, 2009 Klaus Van DeMeer, Heather Thompson and Mark Baldwin attended the hearing and gave evidence under oath. It was noted that Mr.Schouten, applicant, had been called away on a family emergency. Ms. Thompson advised that Mr. Schouten together with Mr. Van DeMeer have been working with Parks Canada to develop a site plan agreement satisfactory to all parties (Township, RVCA, Parks Canada & the applicant). Due to Mr. Schouten's absence, it was moved by Chris Tyson and seconded by Dan Murphy, that the hearing be deferred until such time as the agreement has been finalized. Cd. (e) MINUTES JUNE 29, 2009 Klaus Van DeMeer and Adrian Schouten attended the hearing. Mr. Schouten gave evidence under oath. Mr. Schouten advised that he had reviewed the draft agreement for development of the lands and agrees with the wording as suggested. Mr. Van DeMeer noted that the site plan and development plan was presented to the Township of Montague and approved. It was also noted that there is an ongoing maintenance program for the planted trees. (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. Page 11 of 82

12 CONDITIONS: B08/003, B08/004, B08/005, B08/006 and B08/007 REVISED 1. That the conditions for consent imposed by the Land Division Committee on May 26, 2008 are hereby confirmed with the following inclusions: 1.1 That the applicant enter into a site plan agreement, to be registered on the title of the lands to be severed and the lands to be retained, describing the citing and design of the residences and outbuildings, conservation of existing vegetation, etc. consistent with the proposed guidelines in the New Development section of Rideau Canal Report. The wording of the agreement shall address their concerns as outlined in the agency reports of February 13, 2009 (RVCA) and February 25, 2009 (Parks Canada) 1.2 That the site plan agreement be prepared to the satisfaction of Parks Canada and the Rideau Valley Conservation Authority. 1.3 That a detailed landscape restoration plan be prepared by a qualified professional to demonstrate how the natural vegetation will be restored. The plan should include measures to protect the natural environment and riparian ecosystems, as well as the visual character of the property with respect to views from the Edmonds Lockstation. 2. A letter shall be received from Rideau Valley Conservation Authority stating that conditions #1.1 through #1.3 have been fulfilled to their satisfaction. 3. A letter shall be received from Parks Canada stating that conditions #1.1 through #1.3 have been fulfilled to their satisfaction. Page 12 of 82

13 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Ontario Inc. Hearing Date: April 27, nd Hearing Date: June 29, 2009 Agent: Adrian Schouten LDC File #: B09/016 and B09/017 Municipality: Township of Montague Geographic Township: Montague Lot: 29 & 30 Concession: 2 Roll No Consent Type: Revisions and 2 lot addition Purpose and Effect: B09/016 to sever a 1.6-ha parcel of land as a lot addition to lands created by B08/008 at Pt Lot 29/30 Concession 2, Township of Montague. B09/017 to sever a 0.1-ha parcel of land as a lot addition to lands owned by Brian Dillabough at Pt Lot 30 Conc. 2 Montague, Pt 7 on RP27R (a) AGENCY REVIEW The revised applications were circulated to those agencies that provided comments on the original applications. Applications B09/016 and B09/017 were circulated to all agencies Township of Montague confirmed that they have no objections to the revised applications, and the conditions that the Township requested with the original applications still apply. For B09/016 and B09/017 the following conditions should apply: - That the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. - That a copy of the reference plan to be provided to the Township of Montague. Conservation Authority Rideau Valley Conservation Authority Page 13 of 82

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18 Septic Approvals Leeds Grenville and Lanark District Health Unit B09/016 relatively flat grassed land sloping from east to west. Proposed addition to an existing residential house serviced by a Class 4 septic system and private well. Sandy Loan soil 5 feet deep. Satisfactory. B09/017 Gently rolling scrub land with no soil drainage problems. Clay loam 55 feet deep. Proposed addition to an existing residential house. Satisfactory. Retained relatively flat scrub land with no soil drainage problems. Clay loam soil 5 feet deep. Satisfactory. Page 18 of 82

19 (b) PLANNING REVIEW See B08/003 to B08/008 (c) 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. (d) MINUTES APRIL 27, 2009 Klaus Van DeMeer, Heather Thompson and Mark Baldwin attended the hearing and gave evidence under oath. It was noted that Mr.Schouten, applicant, had been called away on a family emergency. Ms. Thompson advised that Mr. Schouten together with Mr. Van DeMeer have been working with Parks Canada to develop a site plan agreement satisfactory to all parties (Township, RVCA, Parks Canada & the applicant). Due to Mr. Schouten's absence, it was moved by Chris Tyson and seconded by Dan Murphy, that the hearing be deferred until such time as the agreement has been finalized. Cd. (e) ADDITIONAL INFORMATION Mr. Schouten submitted the following request, with regards to B08/008 which would lapse on June 15, / that B08/008 be allowed to lapse; 2/ that B09/016 be amended to include the lands in B08/008; 3/ that B09/016 be amended from a lot addition to a new lot. A revised sketch was provided as follows: Revised Sketch June 11, 2009 Page 19 of 82

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21 (f) MINUTES JUNE 29, 2009 Klaus Van DeMeer and Adrian Schouten attended the hearing. Mr. Schouten gave evidence under oath. The Committee agreed to accept Mr. Schouten s request to revise Application B09/016. Mr. Schouten advised that he had reviewed the draft agreement for development of the lands and agrees with the wording as suggested, noting that the Development Agreement and Site Plan did not apply to B09/017 as this was a lot addition. Mr. Van DeMeer noted that the site plan and development plan was presented to the Township of Montague and approved. It was also noted that there is an ongoing maintenance program for the planted trees. (g) 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: B09/016 (REVISED) 1. That Application B09/016 include all those lands previously included with B08/008 and B09/016 as per the revised sketch submitted June 11, 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. 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 Montague. 4. The applicant shall provide the Township of Montague with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 5. That the applicant enter into a site plan agreement, to be registered on the title of the lands to be severed and the lands to be retained, describing the siting and design of the residences and outbuildings, conservation of existing vegetation, etc. consistent with the proposed guidelines in the New Development section of Rideau Canal Report. The wording of the agreement shall address their concerns as outlined in the agency reports of February 13, 2009 (RVCA) and February 25, 2009 (Parks Canada) Page 21 of 82

22 6. That the site plan agreement be prepared to the satisfaction of Parks Canada and the Rideau Valley Conservation Authority. 7. That a detailed landscape restoration plan be prepared by a qualified professional to demonstrate how the natural vegetation will be restored. The plan should include measures to protect the natural environment and riparian ecosystems, as well as the visual character of the property with respect to views from the Edmonds Lockstation. 8. A letter shall be received from Rideau Valley Conservation Authority stating that conditions #5 through #7 have been fulfilled to their satisfaction. 9. A letter shall be received from the Township of Montague stating that conditions #3 through #7 have been fulfilled to their satisfaction. B09/017 Lot Addition 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 of Montague. 3. The applicant shall provide the Township of Montague with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 4. A letter shall be received from the Township of Montague stating that conditions #2 through #3 have been fulfilled to their satisfaction. 5. The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned by Brian Dillabough at Pt Lot 30 Conc. 2 Montague, Pt 7 on RP27R-1403, 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 22 of 82

23 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Renny Burchill Hearing Date: May 25, nd Hearing Date: June 29, 2009 Agent: Shannon Burchill LDC File #: B08/189, B08/190 & B08/191 Municipality: Drummond/North Elmsley Geographic Township: Drummond Lot: 1 Concession: 9 Roll No Consent Type: New Lots Purpose and Effect: To sever three 0.59-ha residential building lots and retain a 19.6-ha vacant landholding. The lands are accessed by Drummond Con 10A. 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 Lot 1 Lot 2 Lot 3 Vacant Vacant Vacant Residential Residential Residential 0.59-ha 0.59-ha 0.59-ha 49m 49m 49m 122m 122m 122m Drummond Drummond Drummond Con 10A Con 10A Con 10A Proposed well and septic Rural 0.4-ha Yes 45 m Yes n/a Proposed well and septic Proposed well and septic Rural Yes Land to be Retained Vacant Vacant 19.6-ha 7.6m 1609m Drummond Con 10A Proposed well and septic Rural 10-ha Yes 45 m Yes 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. Page 23 of 82

24 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. 2.3 Agriculture Section Lot creation in prime agricultural areas is discouraged. Official Plan Section 3 General Provisions, section 3.17 Division of Land, Section 3.18 Influence Areas, Section 4.3 Rural Policies, Section 5.3 Local Roads, Section 5.4 Proposed Road Widening. The Township of Drummond / North Elmsley advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law - Section 4 General Provisions, Section 7 Rural Zone. The Township of Drummond / North Elmsley 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 Drummond/North Elmsley recommends approval of this application subject to the following conditions: - That the balance of any outstanding taxes shall be paid to the Township. - The applicant shall provide the Township with a registered copy of all reference plans associated with this application if a survey is required by the Registry Office. - Sufficient land for Road Widening purposes shall be conveyed to the Township of Drummond / North Elmsley by registered deed, on the severed lots and the retained portion to meet the road widening requirements of the Township. The applicant shall consult directly with the Township Roads Superintendent in this regard. 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. Page 24 of 82

25 According to the information provided, the purpose of the subject application is to sever (3) vacant 0.59-ha building lots and retain a vacant 19.6-ha landholding. The subject property is characterized as open field. A review of available mapping shows the Durby McIntyre Municipal Drain runs through the retained lands. The presence of this drain was confirmed during a site visit conducted by MVC staff on April 17, This drain has been classified as intermittent and may comprise fish habitat. No natural heritage features were identified on the proposed severed lands. The Provincial Policy Statement (PPS) indicates that development shall not be permitted within 30 metres of fish habitat unless is has been determined that there will be no additional negative impacts to this natural heritage feature. We note that the Township of Drummond / North Elmsley Zoning By-law also requires a minimum 30 metre setback for development from fish habitat. Assuming that future development will adhere to this setback requirement, MVC has no objection to the approval of this application. 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 the drain 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 All three lots are described as satisfactory Relatively flat pasture land sloping from North to South. No soil drainage problems. Sandy loam soil 5ft. deep. Retained Lands Satisfactory Gently rolling agricultural land with no soil drainage problem. Sandy Loam soil 5ft deep. Hydro One Networks No comments were received. Bell Canada R-O-W No comments were received. (c) PLANNING REVIEW The applicant proposes to sever three (3) 0.59-ha residential building lots and retain a ha vacant landholding. The proposed severed lots are accessed via Drummond Con 10 and the retained lands are accessed via Drummond Con 9 with an alternate access from Drummond Con 10. Both roads are municipally maintained. The subject lands are located in an area characterized by large landholdings with limited intermittent residential development and smaller land-holdings. A Municipal Drain is located approximately 300 m south of the proposed lots. Page 25 of 82

26 Soils inventory indicates the lands to be (in the area of the proposed severances) as Class Soils in this class have are capable only or producing perennial forage crops, and improvement practices are not feasible with a Class 7 no capability for arable culture or permanent pasture limitation. Subclass P stoniness. The retained lands are mainly Class 2 with a pocket of Organic Soils where the Municipal Drain is located. 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 Drummond / North Elmsley 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. Page 26 of 82

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33 Eric Adam, RR 1 Balderson, Ontario (e) MINUTES May 25, 2009 Shannon Burchill, agent, Tracy Zander, planner, Eric Adams, Shawn King and Michael and Joanne Komendat attended the hearing and gave evidence by affirmation. Eric Adams advised that the proposed lots are located on a natural watercourse that drainage is a problem, there is no culvert under the access which causes water to back-up to the west, the lands are good agricultural lands, that have been tile drained and they are within the County proposed waste site buffer. Shawn King advised that he was concerned that new owners would complain about farm smells. Michael Komendat questioned the acceptance of photos (authenticity) and was concerned with the tile drains and the number of entrances onto the Conc. Line. Joanne Komendat, expressed concerns with the width of the travelled road. Page 33 of 82

34 Tracy Zander, planner, advised that the Municipal Drain is near the centre of the original lot and not on the lands to be severed, that the County Waste Site Buffer does not extend into the property, that the farm entrance is to the west of the lots, with a ditch running alongside and along the Township road. Also, a Minimum Distance Separation calculation was undertaken, however it did not affect the proposed lots and that the tile drainage plan was not registered. The Committee agreed that there was a need to confirm the location of the tile drainage. The applicant and agent were requested to provide proof of the location of the tile drains or a report on the lot grading and drainage, together with a mitigation report regarding the drains if they would be affected by the siting of a residential dwelling and outbuildings. The hearing was adjourned to June 29, 2009, to provide the applicant / agent the opportunity to submit the required report. (f) ADDITIONAL INFORMATION As requested at the May hearing, Tracy Zander, agent submitted the following report prepared by DME Ltd RE: Drainage Issues. Page 34 of 82

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39 (g) MINUTES June 29, 2009 Shannon Burchill, applicant, Tracy Zander, Agent, Eric Adams, Shawn King, Michael Komendat and Jo-Anne Komendat attended the hearing. The Chairman reminded those in attendance that they were still under oath from the previous hearing. The Chair advised that the committee had reviewed the drainage report as provided by the application. Ms. Zander provided background and an outline of the contents of the report. Mr. Adam s questioned the flow of water as shown on the report and was advised that the report was prepared by a Certified Engineering Technician and that Mr. Adam should deal directly with David McManus Engineering Ltd if he wished to challenge the findings of the report. Mr. Komendat expressed concerns with the proposed distance for the wells and his septic system and well and noted that three new wells will affect his well which only produces 2 gpm. It was noted that the distance would have to adhere to the Health Unit requirements. Mr. King expressed concerns that he will be required to abide by the MDS calculations if there are new houses built on these lots. It was noted that an MDS calculation was considered however, there is already a dwelling in closer proximity to his agricultural operation which will affect the distance separation required for new construction. Ms. Komendat expressed concerns with the narrow frontages of the lots and was advised that the frontage meet and exceed the minimum requirements of the Township s Zoning By-law. (h) 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: B08/189 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 of Drummond / North Elmsley. Page 39 of 82

40 3. The applicant shall provide the Township of Drummond / North Elmsley with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 4. Sufficient lands shall be deeded to the Township of Drummond / North Elmsley 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. 5. That the applicant register on title a covenant stating that the lot is adjacent to an agricultural area and may therefore be subject to noise, dust, odours and other nuisances associated with agricultural activities. 6. That the applicant register on title a covenant stating that If tile drains are encountered during the development of the lot they should be removed to the southern property line and the remaining tile should be capped and the excavation backfilled with the native clay. 7. The Conservation Authority shall be reimbursed for all costs incurred by the CA for reviewing this application. 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 Drummond / North Elmsley stating that condition #2 to #6 have been fulfilled to their satisfaction. NOTES: - The Township of Drummond / North Elmsleys Zoning By-law also requires a minimum 30 metre setback for development from fish habitat. All future development shall adhere to this setback requirement. - Mississippi Valley Conservation advises 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 the drain 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. B08/190 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. Page 40 of 82

41 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Drummond / North Elmsley. 3. The applicant shall provide the Township of Drummond / North Elmsley with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 4. Sufficient lands shall be deeded to the Township of Drummond / North Elmsley 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 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. 5. That the applicant register on title a covenant stating that the lot is adjacent to an agricultural area and may therefore be subject to noise, dust, odours and other nuisances associated with agricultural activities. 6. That the applicant register on title a covenant stating that If tile drains are encountered during the development of the lot they should be removed to the southern property line and the remaining tile should be capped and the excavation backfilled with the native clay. 7. The Conservation Authority shall be reimbursed for all costs incurred by the CA for reviewing this application. 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 Drummond / North Elmsley stating that condition #2 to #6 have been fulfilled to their satisfaction. NOTES: - The Township of Drummond / North Elmsley's Zoning By-law also requires a minimum 30 metre setback for development from fish habitat. All future development shall adhere to this setback requirement. - Mississippi Valley Conservation advises 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 the drain 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 41 of 82

42 B08/191 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 of Drummond / North Elmsley. 3. The applicant shall provide the Township of Drummond / North Elmsley with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 4. Sufficient lands shall be deeded to the Township of Drummond / North Elmsley 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. 5. That the applicant register on title a covenant stating that the lot is adjacent to an agricultural area and may therefore be subject to noise, dust, odours and other nuisances associated with agricultural activities. 6. That the applicant register on title a covenant stating that If tile drains are encountered during the development of the lot they should be removed to the southern property line and the remaining tile should be capped and the excavation backfilled with the native clay. 7. The Conservation Authority shall be reimbursed for all costs incurred by the CA for reviewing this application. 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 Drummond / North Elmsley stating that condition #2 to #6 have been fulfilled to their satisfaction. NOTES: - The Township of Drummond / North Elmsley's Zoning By-law also requires a minimum 30 metre setback for development from fish habitat. All future development shall adhere to this setback requirement. - Mississippi Valley Conservation advises 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 the drain 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 42 of 82

43 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Brent Easton Hearing Date: June 29, 2009 Agent: Brian Kerr, OLS LDC File #: B09/019 & B09/020 Municipality: Lanark Highlands Geographic Township: Lanark Lot: 8 & 9 Concession: 2 Roll No Consent Type: New Lots Purpose and Effect: To sever two residential building lots (1.6-ha and ha) and to retain a 3.74-ha residential building lot. The lands are accessed via Roger Road. 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 Lot 1 Lot 2 Residential Residential Residential Residential 1.6 ha ha 66 m 60 m 184 m 329 m Municipal Rd. Municipal Rd. Proposed Proposed Proposed Proposed Rural Rural Yes Land to be Retained Residential Residential 3.74 ha 96.8 m 558 m Municipal Rd. Proposed Proposed Rural -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? 1.0-ha Yes 60m Yes n/a 1.0-ha Yes 60m Yes 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. Page 43 of 82

44 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. Page 44 of 82

45 Official Plan Section 3.6 Rural Area, Section County Roads, Section Township Roads, Section 5.0 Cultural Heritage and Archaeological Resources, Section Subdivisions, Consents and Part-lot Control. The Township of Lanark Highlands advises that the proposal conforms with 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 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 Lanark Highlands Planning Report Page 45 of 82

46 Page 46 of 82

47 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 balance of any outstanding fees pertaining to this application be submitted to the Township. 4. 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. 5. 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. 6. That entrance permits for both the severed and retained parcels be obtained. 7. That any required road widening be given to the Township at no cost to the Township. Page 47 of 82

48 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 two 1.6-ha vacant residential building lots and to retain a 3.74-ha vacant parcel of land. According to a review of available mapping, the proposed retained lands have frontage on the Clyde River while the proposed severed lands do not have water frontage. The property appears to be largely forested land. No significant natural heritage features or natural hazards were identified on the proposed severed lands. As a result of the proposed severances, the resulting retained land continues to meet with the current minimum area requirements set out in the Township of Lanark Highlands Zoning By-law and water frontage is not affected. In addition, sufficient area appears to exist to locate future development in compliance with the zoning by-laws and various setback requirements. With all of this in consideration, MVC does not have any objection to the subject applications provided the following mitigative measures are implemented for any future development on the proposed retained lands: 1. A minimum 30 metre setback from the seasonal high water mark of the Clyde River shall be maintained for future structures and a septic system. 2. The shoreline vegetative buffer shall be retained to a minimum depth of 15 metres, with the exception of a maximum 9 metre wide water access point to accommodate footpath, stairs, dock, etc. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the river or onto adjacent properties. There is no formal flood plain mapping for the subject property. Therefore, development activities above the high water mark of the river are not currently regulated by MVC on the subject lot. However, pursuant to Ontario Regulation 153/06, Development, Interference with Wetlands and Alterations to Shorelines and Watercourse, we advise that written permission is required from MVC prior to any alterations to the shoreline of the Clyde River. 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 river 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 48 of 82

49 On-Site Services (Septics) Leeds Grenville and Lanark District Health Unit The parcels to be severed and the lands to be retained are all relatively flat treed covered land sloping from east to west. No soil drainage problems. Sandy loam soil approximately 12 deep. Additional granular fill will be required in each tile bed area. Hydro One Networks No comments were received. Bell Canada R-O-W No comments were received. County Roads Department Both severed lots and the retained lands will gain access from Rodger Road, a local municipal road. No access is approved from the County Road. The Ontario Land surveyor in preparing the reference plan describing the subject lot, shall consult directly with the Lanark County Public Works Department to determine that the road allowance parallel to the lot is approximately 3 metres from the existing property limit. The County of Lanark requires the applicant deed to, The Corporation of the County of Lanark, the land within the limits specified above, dedicated for road purposes across the frontage of the land being severed. (c) PLANNING REVIEW The applicant proposes to sever a two (2) new residential building lot (1.6-ha and 2.4-ha) and retain a 3.7-ha vacant residential building lot. The subject lands are located in an area characterized by Residential located along Highway 511 and Rogers Road on a variety of lot sizes. A commercial facility is located to the south of Rogers Road. The lands are proposed to be accessed via Rogers Road, a municipally maintained road. No access will be permitted from Highway 511, a County Road. Ontario Soil Survey information: Class 7 soils in this class have no capability for arable culture or permanent pasture. Subclass P stoniness and R shallowness to solid bedrock. 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 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. Page 49 of 82