LAND DIVISION COMMITTEE. In the absence of Chairman, R. Strachan, it was moved by C. Tyson that D. Murphy Chair today s meeting.

Transcription

1 MINUTES LAND DIVISION COMMITTEE The Land Division Committee met in regular session on Monday, November 24, 2008 at 9:00 a.m. at the Lanark County Administration Building, Perth, Ontario. Members Present: C. Tyson and D. Murphy. Members Absent: Staff Present: R. Strachan M. Kirkham, Secretary-Treasurer LAND DIVISION COMMITTEE In the absence of Chairman, R. Strachan, it was moved by C. Tyson that D. Murphy Chair today s meeting. Chair: D. Murphy 1. CALL TO ORDER The meeting was called to order at 9:00 a.m. 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 27, 2008 be approved as circulated. ADOPTED 4. ADDITIONS & APPROVAL OF AGENDA MOTION #LD MOVED BY: C. Tyson SECONDED BY: D. Murphy THAT, the agenda be adopted as circulated and amended. ADOPTED 1 of 76

2 5. DELEGATIONS & PRESENTATIONS None. 6. COMMUNICATIONS 6.1 Stantec Media Release on Carleton Place Development Permit System 6.2 Lanark Highlands notice of Public Meetings OP 5-yr review. 6.3 Ontario Municipal Board notice of receipt of appeal B08/043 Miller 7. REPORTS 7.1 NEW APPLICATIONS TO BE HEARD: B08/044 Ian Peddie Pt Lot 7 & 8, Conc. 1 & 2, geographic Township of South Sherbrooke, now in Tay Valley Township. (Farren Lake Lane 31) The Hearing was called to order at 10:00 a.m.. After hearing all those present, it was moved by C. Tyson and seconded by D. Murphy THAT the hearing be deferred to December 15, 2008, to provide the Committee with an opportunity to consult with their solicitor. Carried B08/098 (revised) Trevor Hands Pt Lot 10, Conc. 2, geographic Township of Drummond, now in the Township of Drummond / North Elmsley. (Hands Road) B08/113 Stephen Graham Pt Lot 20, Conc. 10, geographic Township of North Elmsley, now in the Township of Drummond / North Elmsley. (Highway 43) B08/124 & B08/125 Donald MacPherson Pt Lot 21 Conc. 9, Township of Montague (MacPherson Road) B08/126 Hubert Garfield Ennis Pt Lot 10, Conc. 10, geographic Township of Bathurst, now in Tay Valley Township. (Ennis Road) B08/127 Collin & Nyree-Dawn Herron Pt Lot 9 Conc. 6 Township of Beckwith. ((Beckwith 7 th Line) 2 of 76

3 7.1.7 B08/ Ontario Inc. Pt Lot 24 Conc. 5, geographic Township of Ramsey, now in the Town of Mississippi Mills.(Bellamy Mills Road) B08/130 Roy Milwid and Paul Smith Pt Lot 4/5 Conc. 11, geographic Township of Bathurst, now in Tay Valley Township. (Bennett Lake Road) B08/131 Mervyn Wilcox Pt Lot 18, Conc. 2, geographic Township of South Sherbrooke, now in Tay Valley Township. (Sleepy Hollow Road A ) B08/132 Lawrie Powers Pt Lot 7, Conc. 9, geographic Township of Dalhousie, now in the Township of Lanark Highlands. (9 th Conc. A Dal) B08/133 (revised) Kevin and Joshua Wheeler Pt Lot 17, Conc. 12, geographic Township of Bathurst, now in Tay Valley Township. (Bathurst Line East) B08/134 & B08/135 Steven & Judith Barr Pt Lot 18, Conc. 2, geographic Township of South Sherbrooke, now in Tay Valley Township. (Althorpe Road) B08/137 Henry McFarlane Pt. Lot 10, Conc. 9, geographic Township of Drummond, now in the Township of Drummond / North Elmsley. (Drummond Conc. 10A) 7.2. APPLICATIONS PREVIOUSLY HEARD AND AWAITING A DECISION B07/029 and B07/ Ontario Limited Pt Lot 16 Conc. 10, geographic Township of Ramsey, now in the Town of Mississippi Mills. (Ottawa Street) 8. NEW/OTHER BUSINESS 8.1 Review Policy / Procedures Manual Committee reviewed the draft Policy and provided comments and amendments. To be reviewed again at the December meeting. 8.2 Revised Consent Application Form Committee reviewed the draft revised Application Forms and provided comments and amendments. M Kirkham advised that the Lanark County Planner s group had reviewed the revised form and provided input. To be reviewed again at the December meeting. 3 of 76

4 9. PROVISIONAL CONSENT WAS GRANTED FOR THE FOLLOWING; 9.1 B07/029 and B07/ Ontario Limited 9.2 B08/098 (revised) Trevor Hands 9.3 B08/113 Stephen Graham 9.4 B08/124 & B08/125 Donald MacPherson 9.5 B08/126 Hubert Garfield Ennis 9.6 B08/127 Collin & Nyree-Dawn Herron 9.7 B08/ Ontario Inc. 9.8 B08/130 Roy Milwid and Paul Smith 9.9 B08/131 Mervyn Wilcox 9.10 B08/132 Lawrie Powers 9.11 B08/133 (revised) Kevin and Joshua Wheeler 9.12 B08/134 & B08/135 Steven & Judith Barr 9.13 B08/137 Henry McFarlane 10. ADJOURNMENT The next meeting date was scheduled for December 15, D Murphy advised that he would not be available for the January 2009 meeting. The meeting adjourned at 3:20 p.m. Mary Kirkham Secretary-Treasurer 4 of 76

5 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Ontario Inc. Hearing Date: November 24, 2008 Agent: Douglas Grant LDC File #: B07/029 and B07/030 (revised) Municipality: Mississippi Mills Geographic Township: Ramsey Lot: 16 Concession: 10 Roll No Consent Type: New Lot Purpose and Effect: Application B07/029 is being re-activated to replace Application B07/028 which was allowed to lapse. (Re-activation was approved by the Land Division Committee at their meeting held September 22, 2008 (Motion #LD ) The effect of the application is to sever a 1.7-ha building lot and retain a ha landholding. The balance of the lands is the subject of a Subdivision Application 09-T DETAILS OF PROPOSAL Land to be Severed Land to be Retained Existing Use Proposed Use Vacant Highway Commercial Residential Residential Area B07/029 Frontage Depth Road - Access to 1.7-ha m 93 m Ottawa Street ha 375 m +/- 700 m +/- Sadler Drive Area B07/030 Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Frontage Required (min.) -Depth Required (min.) ha 93.6 m 107 m Ottawa Street Municipal water Sewage system Highway Commercial 9 Site Specific ha 96.9 m 87 m Ottawa Street Municipal Water Sewage System Highway Commercial Rural 0.4-ha 45m n/a 5 of 76

6 (a) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: Section 1.0 Building Strong Communities the lands are located within the settlement area of the Town of Almonte. Section Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Section Land use patterns within settlement areas shall be based on densities and a mix of land uses. Section Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated. Section 1.3 Employment Areas Planning authorities shall promote economic development and competiveness. Section The use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. Official Plan Section 3.6 Residential, Section Highway Commercial, Section Consent to Sever Land. The Town of Mississippi Mills advises that the proposal conforms to the applicable policies of the Official Plan. Zoning By-law Section 6 General Provisions, Section 9 Rural Zone, Section 16 General Commercial, Amendment C3-9 Highway commercial Exception 9. The Town of Mississippi Mills advises that the proposal complies with the zoning by-law provisions. (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: Town of Mississippi Mills recommends approval of this application subject to the following conditions: - That the property be placed in the appropriate commercial zone. - That the applicant provide the Town with lands for the widening of Menzie Street road allowance in exchange for lands identified as the Sadler Drive road allowance. - That the applicant provide a copy of the registered reference plan to the Town. - That the applicant pay any outstanding property taxes on the subject property. Conservation Authority n/a On-Site Services (Septics) n/a Hydro One Networks n/a. Bell Canada R-O-W n/a 6 of 76

7 (c) PLANNING REVIEW The applicant proposes to sever a lot comprising approximately 1.7-ha of land for Highway Commercial Purposes. The balance of the lands are the subject of Subdivision Application No. 09-T The original applications B07/028, B07/029 and B07/030 were reviewed by Committee in July At that time the Town of Mississippi Mills requested that B07/029 and B07/030 be deferred and that B07/028 encompass the entire 1.7-ha parcel, to permit time to review the development particulars and right-of-way requirements. The Land Division Committee concurred with the Town s request and approved an amended B07/028 application. B07/029 and B07/030 were held in abeyance. However, the one-year time frame to meet the Provisional Consent Conditions lapsed and the applicant requested that B07/029 and B07/030 be reinstated. B07/029 was revived to encompass the entire 1.7-ha parcel, and B07/030 which has been reinstated concurrently and will re-sever B07/029 into two basically equal parts. The large retained lands front on Sadler Drive and the two proposed severed lots front on Ottawa Street. Development of the severed lands will be in accordance with a Zoning Bylaw Amendment. The subject lands are located in an area characterized as Highway Commercial on a variety of lot sizes to the east, west and south, with open rural lands to the north which are the subject of a subdivision (119 residential units.) There were no concerns or 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 Town of Mississippi Mills and could be given favourable consideration. (d) PUBLIC INPUT No written submissions were received in response to the revised 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 OF HEARING November 24, 2008 No persons attended. (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. 7 of 76

8 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 Planning Approvals Administrator 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 Town. 3. One copy of the registered reference plan shall be provided to the Town. 4. A zoning by-law amendment shall be obtained to place the lot to be severed into an appropriate zoning category for the intended use. 5. The applicant shall provide the Town with lands for the widening of Menzie Street road allowance in exchange for lands identified as the Sadler Drive road allowance. 6. A letter shall be received from the Town of Mississippi Mills stating that conditions #2 to #5 have been fulfilled to their satisfaction 8 of 76

9 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT REVISED APPLICATION B08/098 Owner: Trevor Hands Hearing Date: November 24, 2008 Agent: n/a LDC File #: B08/098 (REVISED) Municipality: Drummond / North Elmsley Geographic Township: Drummond Lot: 10 Concession: 2 Roll No Consent Type: New Lot Purpose and Effect: The purpose and effect of the application is to sever a 1.79-ha lot with an existing residential dwelling and retain a 34.4-ha vacant landholding. The lands will be accessed by Hands Road. The revision was required to increase the lot size from 1.13-ha to 1.79-ha at the request of the applicant. DETAILS OF PROPOSAL Land to be Severed Land to be Retained Existing Use Proposed Use Residential Residential Vacant Vacant Area Frontage Depth Road - Access to 1.79-ha 121 m m Hands Road 34.4-ha 305 m 591 m Hands Road Water Supply Sewage Disposal Private Well Septic System None none Official Plan Designation Rural and Influence Area Quarry -Conformity? Zoning Category -Area Required (min.) -Frontage Required (min.) -Depth Required (min.) Rural 0.4-ha 45 m n/a Rural 0.4-ha 45 m n/a (a) APPLICATION REVIEW The revised application was forwarded to the Municipality, the Conservation Authority and Health Unit. No concerns were raised with the revised application as the purpose was to increase the lot size. No public input was received. 9 of 76

10 (b) MINUTES OF PUBLIC MEETING - (November 24, 2008) Trevor Hand, applicant was present at the public meeting held on Monday, November 24, Chairman Murphy advised Mr. Hands that he was still under oath from the September 22, 2008 hearing. Mr. Hands advised that the consent application required an amendment due to a miss measurement of the frontage and lot area, which resulted in a difference in excess of 10%. (c) 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 Planning Approvals Administrator 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. The plan shall relate to the revised sketch provided by the applicant and dated October 17, That the balance of any outstanding taxes shall be paid to the Township. 3. That 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. 4. Sufficient lands shall be conveyed to the Township of Drummond/North Elmsley along the frontage of the lands to be severed to meet the requirements of the municipality for road widening. Deeds are to be submitted to the municipality for review and approval 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. The applicant shall enter into a development agreement or Site Plan Agreement with the Township of Drummond / North Elmsley, the terms of which shall be satisfactory to the Township, implementing appropriate mitigative measures to minimize any potential negative effects concerning the mineral resource located on Lot 11and 12 Concession 2, geographic Township of Drummond. 10 of 76

11 6. That the applicant enter into a Site Plan Agreement and/or Subdivision Agreement with the Township of Drummond / North Elmsley, the wording of which shall be satisfactory to the Township, to be registered against the title of the lots to be severed, stipulating that the owner covenants and agrees that all agreements of purchase and sale or lease shall include the clause on the title of each of the new lots, stating that the lots are within proximity of an existing aggregate operation, and that the occupants of the lot may be susceptible to noise, dust, vibration and related impacts from time to time. 7. A letter shall be received from the Township stating that conditions #2 to #6 have been fulfilled to their satisfaction. NOTES: Leeds, Grenville & Lanark District Health Unit advises that additional granular fill required in proposed tile bed area. Rideau Valley Conversation Authority advises that the applicant establish a 30 metre wide protective buffer around the unevaluated wetland from future development on the retained lands to protect the function of the wetland and the habitat associated with these features. Rideau Valley Conservation Authority advises that written authorization of the Conservation Authority is required under Ontario Regulation 174/06 prior to undertaking any site preparation, regarding, filling or construction activity on the proposed lots. This regulation requires that the written approval of the Conservation Authority be obtained prior to straightening, changing, diverting or interfering in any way with the existing channel of a watercourse. The watercourse is also sensitive due to the proximity of the Tay River. The Township of Drummond / North Elmsley Official Plan Section provides that up to three lots may be granted for an original parcel of land as it existed on January 1, The Land Division Committee will not entertain any further consents on the retained lands. 11 of 76

12 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Stephen Graham Hearing Date: November 24, 2008 Agent: n/a LDC File #: B08/113 Municipality: Drummond / North Elmsley Geographic Township: North Elmsley Lot: 20 Concession: 10 Roll No Consent Type: New Lot Purpose and Effect: To sever a 2.83-ha residential building lot and retain a 32.4-ha vacant landholding. Two previous severances were created from the original parcel in 1986 and DETAILS OF PROPOSAL Land to be Severed Land to be Retained Existing Use Proposed Use Vacant Residential Vacant Vacant Area Frontage Depth Road - Access to 2.83-ha 256 m 227 m Highway ha 247 m 500 m +/- Highway 43 Water Supply Sewage Disposal Proposed Private Well Proposed Septic System None none Official Plan Designation Rural -Conformity? Zoning Category -Area Required (min.) -Frontage Required (min.) -Depth Required (min.) Rural 0.4-ha 45 m n/a Rural 0.4-ha 45 m n/a (a) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and directing land use to achieve efficient development and land use patterns In rural areas development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. This development application is situated along the Highway 43 corridor. 12 of 76

13 1.1.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted The use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. Official Plan - Section 3 General Provisions, Section 3.7 Division of Land, Section 4.3 Rural The Township of Drummond / North Elmsley advises that the proposal conforms with the designations and policies of the Official Plan. Zoning By-law - Section 7 Rural 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: 1/ That the balance of any outstanding taxes shall be paid to the Township. 2/ 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. Conservation Authority Rideau Valley Conservation Authority The subject application has been reviewed by the Rideau Valley Conservation Authority. We have the following comments for the Committee s assistance. The proposal involves the creation of a new parcel of 2.83-ha with 32.4-ha remaining in the retained parcel. The proposed lot consists of mainly agricultural land. Our mapping and confirmed by site visit indicates that there are no wetlands and watercourses on the proposed severed parcel. There is a small seasonal watercourse (Balfour Drain) on the retained portion. Water flows out and eventually into the Tay River. The Balfour Drain is a Municipal Drain and has been classified by Department of Fisheries and Oceans as a Type F Drain meaning is has intermittent flow with warm temperatures. Any work should be completed in the dry weather and all disturbed soils must be stabilized on completion of the work. We have no objection to the severance provided the Township is satisfied in regard to the requirements of the Township s Official Plan and Zoning By-law. We recommend a 30 metre setback for any future development or disturbance to soil or vegetation cover from the watercourse on the retained lands. The maintenance of municipal drains, insofar as that maintenance returns the drain to the state of the original engineer s report current for the works is exempt from a review 13 of 76

14 requirement associated with Section 28 of the Conservation Authorities Act. Other legislation, however, including the Canada Fisheries Act, may have associated compliance requirements. The Conservation Authority or the Department of Fisheries and Oceans should be contacted prior to any maintenance. The implementation of improvement works including drain widening, deepening, altering, straightening, changing, diverting or interfering generally requires approval pursuant to Ontario Regulation 97/04 (Conservation Authority) as well as the Canada Fisheries Act. The effects of the works on the control of flooding, erosion, pollution as well as the overall conservation of land shall be considered in the review of these types of application. On-Site Services (Septics) Leeds Grenville and Lanark District Health Unit. Severed Lands relatively flat scrub/pasture land with no soil drainage problem. Sandy loan soil approximately 12 deep. Recommendation additional granular fill will be required in proposed tile bed area. Retained lands gently rolling pasture land with no soil drainage problem. Sandy loam soil of variable depths. Recommendation satisfactory for intended use. Hydro One Networks No comments were received. Bell Canada R-O-W No comments were received. County Public Works Department - Applicant has an approved entrance location to the County Road Permit No Entrance to be installed prior to deed endorsement. Road Widening not required. (c) PLANNING REVIEW The applicant proposes to sever a lot comprising approximately 2.83-ha of land as a residential building lot and retain a 32.4-ha vacant landholding. Previous consent activity includes: B95/228 New Lot, B86/063 New Lot, B05/146 Lot Addition and B91/022 Lot Addition. The lands are proposed to be accessed by Highway #43 a County owned and maintained road. The subject lands are located in an area characterized by residential development on a variety of lot sizes to the west and south; open rural lands are located to the north, south and east. The Flood Line for the Perth Lagoon is located to the west; however the lands to extend to the Flood Line. The lands to be retained are 32.4-ha in area, and front on both Highway No. 43 and Rathwell Road. A Municipal Drain (Balfour Drain) is located within the retained lands. The Drummond / North Elmsley Official Plan encourage residential development within or near designated settlement areas. Although these lands are not located with a designated settlement area, there are located within proximity of the Town of Perth. There were no concerns or 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. 14 of 76

15 (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 OF PUBLIC MEETING - (November 24, 2008) Stephen Graham, applicant was present at the public meeting held on Monday, November 24, 2008 and gave evidence under oath. Mr. Graham confirmed that the intent of the severance was to have to lot line on the westerly boundary, abutting the lots along Rathwell Road. (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 Planning Approvals Administrator 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. That the balance of any outstanding taxes shall be paid to the Township. 3. The applicant shall provide the Township with a registered copy of all reference plans associated with this application is a survey is required by the Land Titles Office. 4. The Conservation Authority shall be reimbursed for all costs incurred by the CA for reviewing this application. 5. The County Public Works Department shall confirm that the existing/proposed entrance to the lots to be severed has been installed to the satisfaction of the County. 6. A letter shall be received from the Township of Drummond / North Elmsley stating that conditions #2 and #3 have been fulfilled to their satisfaction. 7. A letter shall be received from the Rideau Valley Conservation Authority stating that condition #4 has been complied with. 8. A letter shall be received from the County of Lanark Public Works Department stating that condition #5 has been complied with. 15 of 76

16 NOTES: The LGL Health Unit advises that additional granular fill will be required in the proposed tile bed area. The RVCA advises that a 30 metre setback for any future development or disturbance to soil or vegetation cover from the watercourse on the retained lands should be maintained. The RVCA advises that the Balfour Drain (located on the retained lands) has been classified by the Department of Fisheries and Oceans as a Type F Drain meaning it has intermittent flow with warm temperatures. Any work should be completed in the dry period and all disturbed soils must be stabilized on completion of the work. No development shall occur within 20 metres of the Balfour Drain without authorization through the Engineer s Report. The Township of Drummond / North Elmsley Official Plan Section provides that up to three consents may be granted from an original parcel of land as it existed on January 1, Land Division Committee will not entertain any further consents on the retained lands or the severed lands. 16 of 76

17 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Donald MacPherson Hearing Date: November 24, 2008 Agent: Jim Levatte LDC File #: B08/124 Municipality: Montague Geographic Township: Montague Lot: 21 Concession: 9 Roll No Consent Type: New Lot Purpose and Effect: To sever a 0.71-ha residential building lot and retain a ha landholding with an existing residential dwelling. The application is being submitted concurrently with B08/125. DETAILS OF PROPOSAL Land to be Severed Land to be Retained Existing Use Proposed Use Vacant Residential Residential Residential Area Frontage Depth Road - Access to 0.71-ha m 97.5 m MacPherson Road 64.3-ha 610 m 1219 m MacPherson Road Water Supply Sewage Disposal Proposed Proposed Private Well Septic System Official Plan Designation Rural -Conformity? Zoning Category -Area Required (min.) -Frontage Required (min.) -Depth Required (min.) Rural 0.4-ha 46 m n/a Rural 0.4-ha 46 m n/a (a) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: Section In rural areas development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. Official Plan Section 4.5 Consent, Section 5 Rural Lands Policy The Township of Montague advised that the proposal conforms with the designations and policies of the Official Plan. 17 of 76

18 Zoning By-law Section 3 General Provisions, Section 18 Rural Zone The Township of Montague advises that the proposal complies with the Zoning By-law requirements. (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 Montague recommends approval of this application subject to the following conditions: 1. That 5% Cash in lieu of parkland be paid to the Township of Montague for each new lot created. 2. That an approved entrance to the subject lot be installed by the owner. The application shall consult directly with the Township of Montague in this respect. 3. That the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. That a copy of the reference plan be provided to the Township of Montague. 5. That sufficient land That sufficient land along the frontage of the property shall be conveyed to the Township of Montague, by registered deed, to provide a road allowance which is either 10 metres (33 feet) from the centreline of the road allowance or 10 metres (33 feet) from the centreline of the travelled portion of the road (whichever is applicable). The Ontario Land Surveyor, in preparing the reference plan describing the subject lot shall consult directly with the Township of Montague prior to the survey plan being completed. Conservation Authority Rideau Valley Conservation Authority The applications request approval to sever two separate parcels of 1.75 acres with 159 acres remaining in the retained parcel. Ontario Base Mapping published by the Ontario Ministry of Natural Resources indicates that there are no wetlands or watercourses on the proposed severed lands. The majority of the retained lands is classified as an unevaluated wetland. This wetland appears to be hydraulically connected to the Provincially Significant Franktown Swamp to the north of the property. As this wetland is not Provincially Significant it is not regulated by the RVCA. The RVCA recommends a 30 metre development setback from the wetland on the retained lands to protect adjacent habitat and the function of the wetland as well as the overall conservation of land. We have no objections to the applications provided the Township is satisfied in regard to the requirements of the Township s Official Plan and Zoning By-law. We anticipate no impacts to natural heritage features or hazards as a result of the applications. Please advise us on the committee s decision on the application or any changes in the status of the application. On-Site Services (Septics) Leeds Grenville Lanark District Health Unit Severed Lands 1.75 acre vacant portion is flat and contains bedrock within 1 foot of the surface of the ground. Recommendation the proposed lot will accommodate a single family dwelling and raised septic system. Retained Lands contain an existing farm property. Rock u\is close to the surface in the area. Satisfactory. 18 of 76

19 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 two residential building lots comprising approximately 0.71-ha each and retain a ha landholding with a residential dwelling and outbuildings. The proposed severed parcels fronts on MacPherson Road, a municipally maintained Township Road. The subject lands are located in an area characterized as mixture of large landholdings and smaller residential development along the Municipal Road. Approximately 70% of the retained lands consist of an unclassified wetland, with limited future potential for development. There were no concerns or 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 Montague 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 OF PUBLIC MEETING - (November 24, 2008) Jim Levatte, agent was present at the public meeting held on Monday, November 24, 2008 and gave evidence under oath. (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 Planning Approvals Administrator 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. 19 of 76

20 2. That the balance of any outstanding taxes shall be paid to the Township. 3. The applicant shall provide the Township with a registered copy of all reference plans associated with this application is a survey is required by the Land Titles Office. 4. The Conservation Authority shall be reimbursed for all costs incurred by the CA for reviewing this application. 5. The County Public Works Department shall confirm that the existing/proposed entrances to the lots to be severed have been installed to the satisfaction of the County. 6. A letter shall be received from the Township of Drummond / North Elmsley stating that conditions #2 and #3 have been fulfilled to their satisfaction. 7. A letter shall be received from the Rideau Valley Conservation Authority stating that condition #4 has been complied with. 8. A letter shall be received from the County of Lanark Public Works Department stating that condition #5 has been complied with. NOTES: The LGL Health Unit advises that additional granular fill will be required in the proposed tile bed area. The RVCA advises that a 30 metre setback for any future development or disturbance to soil or vegetation cover from the watercourse on the retained lands should be maintained. The RVCA advises that the Balfour Drain (located on the retained lands) has been classified by the Department of Fisheries and Oceans as a Type F Drain meaning it has intermittent flow with warm temperatures. Any work should be completed in the dry period and all disturbed soils must be stabilized on completion of the work. No development shall occur within 20 metres of the Balfour Drain without authorization through the Engineer s Report. The Township of Drummond / North Elmsley Official Plan Section provides that up to three consents may be granted from an original parcel of land as it existed on January 1, Land Division Committee will not entertain any further consents on the retained lands or the severed lands. 20 of 76

21 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Donald MacPherson Hearing Date: November 24, 2008 Agent: Jim Levatte LDC File #: B08/125 Municipality: Montague Geographic Township: Montague Lot: 21 Concession: 9 Roll No Consent Type: New Lot Purpose and Effect: To sever a 0.71-ha residential building lot and retain a ha landholding with an existing residential dwelling. The application is being submitted concurrently with B08/124. DETAILS OF PROPOSAL Land to be Severed Land to be Retained Existing Use Proposed Use Vacant Residential Residential Residential Area Frontage Depth Road - Access to 0.71-ha m 97.5 m MacPherson Road ha 729 m 1219 m MacPherson Road Water Supply Sewage Disposal Proposed Proposed Private Well Septic System Official Plan Designation Rural -Conformity? Zoning Category -Area Required (min.) -Frontage Required (min.) -Depth Required (min.) Rural 0.4-ha 46 m n/a Rural 0.4-ha 46 m n/a (a) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: Section In rural areas development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. Official Plan Section 4.5 Consent, Section 5 Rural Lands Policy The Township of Montague advised that the proposal conforms with the designations and policies of the Official Plan 21 of 76

22 Zoning By-law Section 3 General Provisions, Section 18 Rural Zone The Township of Montague advises that the proposal complies with the Zoning By-law requirements. (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 Montague recommends approval of this application subject to the following conditions: 1. That 5% Cash in lieu of parkland be paid to the Township of Montague for each new lot created. 2. That an approved entrance to the subject lot be installed by the owner. The application shall consult directly with the Township of Montague in this respect. 3. That the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. That a copy of the reference plan be provided to the Township of Montague. 5. That sufficient land That sufficient land along the frontage of the property shall be conveyed to the Township of Montague, by registered deed, to provide a road allowance which is either 10 metres (33 feet) from the centreline of the road allowance or 10 metres (33 feet) from the centreline of the travelled portion of the road (whichever is applicable). The Ontario Land Surveyor, in preparing the reference plan describing the subject lot shall consult directly with the Township of Montague prior to the survey plan being completed. Conservation Authority Rideau Valley Conservation Authority The applications request approval to sever two separate parcels of 1.75 acres with 159 acres remaining in the retained parcel. Ontario Base Mapping published by the Ontario Ministry of Natural Resources indicates that there are no wetlands or watercourses on the proposed severed lands. The majority of the retained lands is classified as an unevaluated wetland. This wetland appears to be hydraulically connected to the Provincially Significant Franktown Swamp to the north of the property. As this wetland is not Provincially Significant it is not regulated by the RVCA. The RVCA recommends a 30 metre development setback from the wetland on the retained lands to protect adjacent habitat and the function of the wetland as well as the overall conservation of land. We have no objections to the applications provided the Township is satisfied in regard to the requirements of the Township s Official Plan and Zoning By-law. We anticipate no impacts to natural heritage features or hazards as a result of the applications. Please advise us on the committee s decision on the application or any changes in the status of the application. On-Site Services (Septics) Leeds Grenville Lanark District Health Unit Severed Lands 1.75 acre vacant portion is flat and contains bedrock within 1 foot of the surface of the ground. Recommendation the proposed lot will accommodate a single family dwelling and raised septic system. Retained Lands contain an existing farm property. Rock u\is close to the surface in the area. Satisfactory. 22 of 76

23 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 two residential building lots comprising approximately ha each and retain a ha landholding with a residential dwelling and outbuildings. The proposed severed parcels fronts on MacPherson Road, a municipally maintained Township Road. The subject lands are located in an area characterized as mixture of large landholdings and smaller residential development along the Municipal Road. Approximately 70% of the retained lands consist of an unclassified wetland, with limited future potential for development. There were no concerns or 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 Montague 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 OF PUBLIC MEETING - (November 24, 2008) Jim Levatte, agent was present at the public meeting held on Monday, November 24, 2008 and gave evidence under oath. (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. 23 of 76

24 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 Planning Approvals Administrator 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. That 5% cash in lieu of parkland be paid to the Township of each new lot created. 3. That an approved entrance to the subject lot be installed by the owner. The applicant shall consult directly with the Township of Montague in this respect. 4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 5. That a copy of the reference plan to be provided to the Township of Montague. 6. That sufficient land along the frontage of the property shall be conveyed to the Township of Montague, by registered deed, to provide a road allowance which is either 10 metres (33 feet) from the centreline of the road allowance or 10 metres (33 feet) from the centreline of the travelled portion of the road (whichever is applicable). The Ontario Land Surveyor, in preparing the reference plan describing the subject lot shall consult directly with the Township of Montague prior to the survey plan being completed. 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 the Township stating that conditions #2 to #6 have been fulfilled to their satisfaction. 9. A letter shall be received from the Rideau Valley Conservation Authority stating that condition #7 has been fulfilled to their satisfaction. NOTES: The Rideau Valley Conservation Authority advises that the portions of the retained lands are classified as unevaluated wetland. Any future development on the retained lands should be located a minimum 30 metres from the wetland boundary or watercourse. Development is defined as: The construction, reconstruction, erection or placing of a building or structure of any kind, site grading, or the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere. The LGL Health Unit advises that it may be necessary to install a raised / partly raised septic system on the proposed lot. The Township of Montague Official Plan Section 4.5 Consent Subsection 16 states Generally, the number of lots created by consent per landholding will be two (2) plus the remnant parcel. Further division of the land will require consultation with the Township of Montague as per Subsection 16.1, 16.2, 16.3, 16.4 and 16.5 of Section of 76

25 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Hubert Garfield Ennis Hearing Date: November 24, 2008 Agent: LDC File #: B08/126 Municipality: Tay Valley Geographic Township: Bathurst Lot: 10 Concession: 10 Roll No Consent Type: Lot Addition Purpose and Effect: The purpose and effect of the application is to sever a 0.15-ha vacant parcel of land and a ha vacant parcel of land (which is also subject to a R-O-W) and a 0.26-ha waterfront lot as lot additions to Part 1 RP27R-1996 residential building lot and retain a 40-ha landholding. The lands are accessed by a private road (Ennis Road). DETAILS OF PROPOSAL Land to be Severed Land to be Retained Existing Use Proposed Use Vacant Vacant Vacant Vacant Area Frontage Depth Road - Access to 0.55-ha n/a n/a Ennis Road 40.0-ha 610 m 1219 m Ennis Road Water Supply Sewage Disposal N/A N/A None None Official Plan Designation Rural and Organic Soils -Conformity? Zoning Category -Area Required (min.) -Frontage Required (min.) -Depth Required (min.) (a) APPLICATION REVIEW Seasonal Residential ha 60 m n/a n/a 25 of 76 Rural 1.0-ha 60 m N/A Provincial Policy Statement - Provincial Interests were identified as follows: Section 2.1 Natural Heritage Natural features and areas shall be protected for the long term Development and site alteration shall not be permitted in significant wildlife habitat and significant areas of natural and scientific interest Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements.

26 2.1.6 Development and site alteration shall not be permit on adjacent lands to the natural heritage features and areas identified in policies and unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on natural features or on their ecological functions. Section 2.2 Water Planning authorities shall protect, improve or restore the quality and quantity of water. Section 2.6 Cultural Heritage and Archaeology Development and site alteration shall only be permitted on lands containing archaeological resources or areas or archaeological potential it the significant archaeological resources have been conserved by removal and documentation or by preservation on site Development and site alteration may be permitted on adjacent lands to protected property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. Mitigative measures and/or site 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 alteration. Section 3.1 Natural Hazards development shall generally be directed to areas outside of hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Official Plan Section 3.6 Rural Policies, Section 5.2 Land Division Policies Tay Valley Township advised that the proposal conforms with the designations and policies of the Official Plan. Zoning By-law Section 3 General Provisions, Section 5.2 Seasonal Residential Zone Tay Valley Township advises that the proposal complies with the Zoning By-law requirements. (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: Tay Valley Township recommends approval of this application subject to the following conditions: (Tay Valley review to follows) 1. Payment of all taxes owing and all costs incurred by the Township for the review process. 2. Copy of the deed/transfer and two copies of the reference plan. 3. That the severance only be granted as part of a lot addition to Part 1 of Plan 27R That those with deeded access to the existing right-of-way retain their rights. 26 of 76

27 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 a 0.15-ha right-ofway, a 0.14-ha vacant parcel of land and a 0.26-ha vacant parcel of land as lot additions to an already developed lot. The 0.26-ha lot has frontage on Bennett Lake. The retained land is vacant and equals 40 ha in size. Wetland has been identified on the retained lands. MVC has no objection to the proposed lot additions provided the following mitigative measures are implemented for any future development: 1. All future development, including septic systems shall be setback a minimum of 30 metres from the seasonal high water mark of the lake and 20 metres from the wetland. 2. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the lake, wetland or adjacent properties. 3. Sediment control measures must be implemented throughout any future construction process (mainly the placement of a sediment barrier between exposed soil and the lake and wetland). There is no regulated flood plain area located on the property. However, the property owner should be advised that in the event that shoreline work is proposed on Bennett Lake in the future, written permission is 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 lake and 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. On-Site Services (Septics) Mississippi-Rideau Septic office A review has been un has been undertaken to ensure that a septic system meeting the minimum requirements established in Part 8 of the Ontario Building Code can be maintained or constructed on both the severed and retained portion of the subject property. The purpose of this application appears to be to give the owners of 1445 Ennis Road a water access point for Bennett Lake and to simplify lot delineation along this portion of Ennis Road. There is sufficient space on both the severed and retained portions for a new septic system also sufficient space for septic system replacement on both lots is required. 27 of 76