Committee of the Whole 6:00 p.m., immediately followed by Council. 2. DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF

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1 AGENDA COMMITTEE OF THE WHOLE Tuesday, August 14 th, 2018, 6:00 p.m. Lanark Highlands Municipal Office 75 George Street, Lanark, Ontario Committee of the Whole 6:00 p.m., immediately followed by Council. Chair, Deputy Mayor John Hall 1. CALL TO ORDER 2. DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF 3. APPROVAL OF AGENDA Suggested Motion: THAT, the agenda be adopted as presented. 4. APPROVAL OF MINUTES Suggested Motion: THAT, the Committee of the Whole meeting minutes of June 26 th, 2018, be approved as circulated. 5. DELEGATIONS & PRESENTATIONS 6. COMMUNICATIONS i) Rural Matters: ROMA AGM and Conference, January 27-29, 2019 ii) Samuel Edmondson - Citizenship Award iii) AMO Policy Update Cannabis Implementation iv) Shelly Neilson - Request for Waiving of Tipping Fees v) Stewardship Ontario Municipal Blue Box Recycling First Quarter vi) Middleville Agricultural Society Middleville Fair vii) The Spray Program for Wild Parsnip Suggested Motion: THAT, the communications dated August 14 th, 2018, be received as information. Page 1 of 35

2 7. REPORTS Building, Planning & Protective Services i) Consent Application B18/025 (Bourgeault) Amanda Noël, Planning Administrator/Deputy Clerk Suggested Motion: THAT, Council recommends to the Land Division Committee of Lanark County that application B18/025 for consent be approved subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the Township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. That the applicant provide to the Township the $200 cash in lieu of parkland fee; 7. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor s certificate indicating that the municipality s title is free and clear of all encumbrances and that the municipality has a good and marketable title; The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required; 8. At the sole expense of the applicant that the applicant enter into a Development Agreement with the Township of Lanark Highlands. The wording of the agreement shall be acceptable to the Municipality and shall address the recommended avoidance and mitigation measures outlined in the Environmental Impact Statement prepared by Geofirma Engineering Ltd. dated March 16, Page 2 of 35

3 ii) Consent Application B18/027 (Scissons) Amanda Noël, Planning Administrator/Deputy Clerk Suggested Motion: THAT, Council recommends to the Land Division Committee of Lanark County that application B18/027 for consent be approved, each subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the Township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard; 5. That the applicant provide to the Township the $200 cash in lieu of parkland fee; 6. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor s certificate indicating that the municipality s title is free and clear of all encumbrances and that the municipality has a good and marketable title; 7. At the sole expense of the applicant that the applicant undertake a zoning by-law amendment with the Township of Lanark Highlands for a site specific zoning of the retained lands in recognition of the existence of an accessory structure prior to a main use, or obtain a building permit for the purposes of a main use. iii) Consent Application B17/033 (Spooner) Amanda Noël, Planning Administrator/Deputy Clerk Suggested Motion: THAT, Council recommends to the Land Division Committee of Lanark County that application B17/033 for consent be approved subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the township; Page 3 of 35

4 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. That the applicant provide to the Township the $200 cash in lieu of parkland fee; 7. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor s certificate indicating that the municipality s title is free and clear of all encumbrances and that the municipality has a good and marketable title. The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required; 8. At the sole expense of the applicant that the applicant enter into a Development Agreement with the Township of Lanark Highlands. The wording of the agreement shall be acceptable to the Municipality and shall address the recommended development mitigation measures outlined in the comments from the Mississippi Valley Conservation Authority with respect to the application for consent dated July 5, iv) Consent Application B17/033 (Ignatieff) Amanda Noël, Planning Administrator/Deputy Clerk Suggested Motion: THAT, Council recommends to the Land Division Committee of Lanark County that application B17/076 for consent be approved subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor s certificate indicating that the municipality s title is free and clear of all encumbrances and that the municipality has a good and marketable title. The Township Superintendent of Public Works should be consulted prior Page 4 of 35

5 to commencing a survey to determine the amount of road widening required. 8. INCAMERA ITEMS 9. NEW AND OTHER BUSINESS 10. DEFERRED ITEMS 11. ADJOURNMENT Page 5 of 35

6 COMMITTEE OF THE WHOLE MINUTES Tuesday, June 26 th, :00 p.m. Lanark Highlands Municipal Office - 75 George Street, Lanark, Ontario Council Chambers Members Present: Staff Present: Chair, Deputy Mayor John Hall Mayor, Brian Stewart Councillor Linda Hansen Councillor Steve Roberts Councillor Pete Rodger Councillor Bill King Councillor Jeannie Kelso Allison Vereyken, Clerk Administrator/Deputy Treasurer Amanda Noël, Planning Administrator/Deputy Clerk 1. CALL TO ORDER The meeting was called to order at 7:33 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF 3. APPROVAL OF AGENDA ADDITION Under New and Other Business i) Middleville Museum Enabling Accessibility Grant Application Motion #COW Moved by Mayor Stewart Seconded by Councillor Rodger THAT, the agenda be adopted as amended. CARRIED Page 6 of 35

7 Township of Lanark Highlands Committee of the Whole - Minutes June 26 th, APPROVAL OF MINUTES Motion #COW Moved by Councillor Rodger Seconded by Councillor Hansen THAT, the Committee of the Whole meeting minutes of June 12 th, 2018, be approved as circulated. 5. DELEGATIONS & PRESENTATIONS CARRIED 6. COMMUNICATIONS i) Ontario Provincial Police (OPP) Update on Initiatives ii) Lanark County Media Release - Lanark County Harvest Festival Motion #COW Moved by Councillor Kelso Seconded by Councillor Rodger THAT, the communications dated June 26 th, 2018, be received as information. CARRIED 7. REPORTS Corporate Services i) Association of Municipalities of Ontario Main Street Revitalization Initiatives Fund Joan Pratt, Treasurer Motion #COW Moved by Mayor Stewart Seconded by Councillor Hansen THAT, Council adopt By-Law xx to enter into an agreement with The Association of Municipalities of Ontario for the purpose of participating in Ontario s Main Street Revitalization Initiative. CARRIED Page 7 of 35

8 Township of Lanark Highlands Committee of the Whole - Minutes June 26 th, 2018 ii) Lanark and District Community Centre and Arena Allison Vereyken, Clerk Administrator/Deputy Treasurer and William Bell, Interim Fire Chief Motion #COW Moved by Mayor Stewart Seconded by Councillor Rodger THAT, Council direct the Clerk Administrator to receive quotes on the electrical and gas concerns as noted in the report; AND THAT, Council direct the Clerk Administrator to receive quotes on new flooring throughout the building; AND THAT, Council direct staff to address the fire load as noted in the report; AND THAT, Council direct staff to proceed with addressing the health and safety concerns throughout the building; AND THAT, Council authorize staff to set up an expense account that will be funded from the Township Water/Sewer fund to address the immediate issues/concerns at the Lanark and District Community Center and Arena; AND THAT, Council direct staff as per the approved 2018 budget to have a consultant address the other concerns or issues with structure, ice quality and other aspects of the building. CARRIED A recorded vote requested by Mayor Stewart. Member of Council Votes For Against Absent Councillor Hansen 1 Councillor Roberts 1 Councillor Rodger 1 Councillor King 1 Councillor Kelso 1 Deputy Mayor Hall 1 Mayor Brian Stewart 1 TOTAL Page 8 of 35

9 Township of Lanark Highlands Committee of the Whole - Minutes June 26 th, 2018 Building, Planning & Protective Services i) Monthly Building Department Report Phil Borrowman, Chief Building Official Motion #COW Moved by Mayor Stewart Seconded by Councillor Hansen THAT, the monthly Building Department Report for May be received as information. CARRIED 8. INCAMERA ITEMS None. 9. NEW AND OTHER BUSINESS i) Middleville Museum Enabling Accessibility Grant Application Allison Vereyken, Clerk Administrator/Deputy Treasurer Motion #COW Moved by Mayor Stewart Seconded by Councillor Rodger THAT, Council approves and consents to the implementation of the proposed project activities to the Middleville Museum located at 2130 Concession 6D as the landlord/owner of the said property; AND THAT, this matter be brought to the Council meeting of June 26 th, CARRIED 10. DEFERRED ITEMS None. 11. ADJOURNMENT On a motion of Councillor Kelso and seconded by Councillor Rodger the meeting adjourned at 7:52 p.m. Amanda Noël, Deputy Clerk John Hall, Deputy Mayor Page 9 of 35

10 Right-click here to download pictures. To help p ro tect your privacy, Outlook prevented automatic download of this picture from the Internet. PlanningDC (Lanark Highlands) From: ROMA Communications <romacommunicate@roma.on.ca> Sent: Thursday, July 19, :32 PM To: PlanningDC (Lanark Highlands) Subject: Rural Matters: ROMA AGM and Conference, January 27-29, 2019 Attachments: 19ROMARegistrationForm.pdf Follow Up Flag: Flag Status: Flag for follow up Completed ROMA will be hosting Rural Matters, the ROMA Annual AGM and Conference January 27 29, 2019 at the Sheraton Centre Hotel in Toronto. Join your colleagues from rural municipalities across Ontario to learn from experts and each other, connect with vendors, meet with government officials, and mark your ballot in the ROMA Board Elections. Our theme, Rural Matters, will celebrate our unique experiences, focus on rural specific issues, and highlight the important role our municipalities play in the provincial landscape. Registration and hotel information can be found on the website here: Please note - early bird registration closes September 25, 4pm. We look forward to seeing you in January. The ROMA Board DISCLAIMER: Any documents attached are final versions. ROMA assumes no responsibility for any discrepancies that may have been transmitted with this electronic version. The printed versions of the documents stand as the official record. OPT OUT: If you wish to opt out of these communications from ROMA please click here. 1 Page 10 of 35

11 2019 ROMA AGM & Annual Conference Sheraton Centre Toronto Hotel January 27-29, 2019 REGISTRATION FORM Name: Title: Organization: Address: City, Province, Postal Code: Phone: Registration Fees Please check registration type below. Early Bird Rate (until October 1, 2018) Regular Rate (until January 25, 2019) On Site Rate (January 25-29, 2019) Member Non Member Member Non Member Member Non Member Full Registration $550 $620 $600 $675 $650 $750 Half Day - Sunday $200 $250 $250 $300 $300 $350 One Day - Monday $350 $425 $400 $475 $450 $550 Half Day - Tuesday $200 $250 $250 $300 $ 300 $ 350 Payment: Completed forms with payment can be sent to ROMA via fax at or ed to events@roma.on.ca or mailed to ROMA, 200 University Avenue, Suite 801, Toronto, ON, M5H 3C6 Please remit: Registration Fee $ HST (13%) $ TOTAL TO BE REMITTED $ Invoice Me (option only available to Member municipalities) Cheque made out to Rural Ontario Municipal Association MasterCard Visa Credit Card # Expiry Date Signature Name on Card Things to Know: Rates listed do not include HST. Please ensure to include HST when submitting your payment. Confirmation will be sent after each registration, modifications or cancellation. Review your confirmation carefully for accuracy. All cancellations must be submitted in writing to ROMA via at events@roma.on.ca. Cancellations received prior to 4:30 pm ET, October 31, 2018 will be eligible for a refund less $95.00 (plus HST) administration fee. Cancellations made after 4:30 pm are non-refundable. An alternate attendee name may be substituted at any time. Additional Needs Please list any dietary, accessibility or other needs: Disclaimer: Submission of this registration form provides AMO with consent to send information on all activities related to current and future ROMA Conferences. If you wish to no longer receive information from ROMA on this please contact optout@amo.on.ca to unsubscribe. Click here to submit form via Page 11 of 35 to events@roma.on.ca

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13 PlanningDC (Lanark Highlands) From: Sent: To: Subject: Follow Up Flag: Flag Status: AMO Communications Friday, July 27, :34 PM PlanningDC (Lanark Highlands) AMO Policy Update - Ford Government announces legislation impacting municipal governments and changes to cannabis implementation Follow up Flagged July 27, 2018 Ford Government announces legislation impacting municipal governments and changes to cannabis implementation The Premier and Minister of Municipal Affairs and Housing Steve Clark today announced plans to introduce legislation next week that would reduce the Toronto City Council in advance of the October municipal elections and cancel elections for Regional Chairs in Peel, York, Niagara and Muskoka. The province s news release and backgrounder are found here. Today s announcement was anticipated by no one and followed media reports about the government s plans which surfaced late yesterday. The government s backgrounder also makes reference to a planned, "review of regional governance across Ontario", and states it will begin with consultations at the upcoming AMO conference. AMO will press the government to learn more about what is intended by the review and keep members informed. It is also clear that the government plans to implement an open and competitive retail market for cannabis. This approach is consistent with policy framework promoted by AMO during consultation with the previous government. The details and implementation planning will determine if this approach will be successful. No matter how cannabis is sold in Ontario, municipal governments will have a critical role to play. Policing, by-law enforcement, public health, and economic development departments will all play a key role. AMO s advice to the provincial government is that they need to give municipal governments the time and ability to adjust to an open retail market for recreational cannabis. We are confident the province understands the importance of this advice. Municipal governments in Ontario are on the front line of delivering critically important services that people and business in our communities rely on. The Government of Ontario has a role in creating a statutory and regulatory environment that that allows municipal governments to get on with their responsibilities. There is much that can be accomplished if Ontario and municipal governments work together to serve the people of Ontario and to identify and reduce the regulatory and reporting burden currently placed on the municipal sector. Ontario s people, businesses and 1 Page 13 of 35

14 Right-click here to download pictures. To help p ro tect your privacy, Outlook prevented automatic download of this picture from the Internet. communities want orders of government to work collaboratively to address their local, regional and provincial priorities. AMO Contact: Monika Turner, Director of Policy, mturner@amo.on.ca, ext. 318 Brian Rosborough, Director of Membership, brosborough@amo.on.ca, ext. 362 DISCLAIMER: Any documents attached are final versions. AMO assumes no responsibility for any discrepancies that may have been transmitted with this electronic version. The printed versions of the documents stand as the official record. OPT OUT: If you wish to opt out of communications from AMO, please click here. 2 Page 14 of 35

15 PlanningDC (Lanark Highlands) From: Sent: To: Subject: Follow Up Flag: Flag Status: Saturday, August 04, :48 PM PlanningDC (Lanark Highlands) waiving tipping fees Follow up Flagged Lanark Highlands Contact Form Recipient: From: Shelley Neilson Subject: waiving tipping fees Message: Hello Amanda, I talked to Peter Rodger about having tipping fees waived at the McDonald's Corners dump and he is working to make that happen. My log house burned down on August 10, 2018, and after the fire, I was told that one thing the township might be able to do to help me out, since I had no house insurance, was to waive tipping fees when I did the cleanup from my house fire. I have been working on the cleanup this summer in preparation for rebuilding, which I have just started. All of the metal has been recycled and there is probably no more than one dump truck load of smaller debris left which Shawn Bingley will transport to the dump for me. I would like to ask council to waive tipping fees as I finish cleaning up the remains of my house. It would be a help financially for me as I work to try and rebuild after this devastating loss. Thank you very much. Sincerely, Shelley Neilson Page 15 of 35

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18 Original Message From: To: Date: July 14, 2018 at 3:16 PM Subject: The Spray Program for Wild Parsnip Lanark Highlands Contact Form Recipient: From: Colleen Johnstone Subject: The Spray Program for Wild Parsnip Message: I am writing this to express my extreme disappointment with the council's decision to not spray the wild parsnip plants in Lanark Highlands. Knowing that this decision was taken despite the fact based science presented to council is irresponsible. I would like to reference the recent article in the Perth Courier of July 12/18 showing the benefits of spot spaying and how spraying has had a significant impact on the spread of this horrible plant. The article also emphasized the extreme risks that this plant presents to humans, livestock and crops if left unattended. The threats are enhanced when individuals such as myself are required to deal with the eradication of these plants. My french line neighbour suffered horrible blistering, skin rashes and near blindness from exposure to this plant. I request that staff add my note to the "agenda" for the next meeting so that this communication is made aware to all council members. Page 18 of 35

19 PLANNING REPORT #PD CONSENT APPLICATION B18/025 - (BOURGEAULT) PART LOT 7, CONCESSION 8 GEOGRAPHIC TOWNSHIP OF DARLING, TOWNSHIP OF LANARK HIGHLANDS Review of Proposal and Application An application for consent B18/025 has been received from the County of Lanark Land Division Committee for the creation of one residential lot for lands legally described as Part Lot 7, Concession 8, geographic Township of Darling. The purpose of the application is to sever a 2.89ac. (1.17ha.) parcel of land, and to retain a 21.90ac (8.86ha.) landholding with an existing dwelling, municipally known as 2538 Darling Road. An easement is also proposed to maintain the existing right-of-way over the severed land for the purposes of maintaining legal access to the retained lands. PROVINCIAL POLICY STATEMENT (PPS) The Provincial Policy Statement 2014 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Per Section 3(5) (a) of the Planning Act, R.S.O. 1990, all planning decisions must be consistent with the PPS. A review of applicable policies must be undertaken and the application is evaluated under the consistent with test. The following is a list of applicable sections of the PPS, as well as a review of the proposal in consideration of these policies: On rural lands located in municipalities, permitted uses are: c) limited residential development Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. Staff recognize that the addition of one rural-residential building lot would be considered limited residential development and that the development would be compatible with the rural character of the surrounding area as there are other rural-residential properties located along the Darling Road. The proposed severed lot would be serviced by private well and septic. Permits from the Health Unit would be required prior to any new development. Page 19 of 35

20 OFFICAL PLAN Applications for consent must be evaluated with the policy directives of Section 8.4.2, which provides direction for the division of lands within the Township In order to maintain and protect the landscape and identity of the Rural Communities, it will be important to avoid inefficient land use patterns such as strip or scattered development, to minimize incompatibility between land uses and to minimize adverse environmental impacts. The property is designated as Rural Communities on Schedule A of the Township s Official Plan. The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts Lot creation by means of severance is permitted for one additional lot within a deer yard providing that the minimum lot frontage is 90 metres (295 feet) and the minimum area is 1.5 hectares (3. 7 acres) for both the severed and the retained lands. Lesser lot sizes may be considered if through means of an Environmental Impact Statement undertaken by a qualified professional it can be demonstrated that no adverse impact will occur to the habitat or herd The creation of multiple lots (more than 1 severance) will require an Environmental Impact Statement to demonstrate no adverse impacts. The application for consent proposes to sever one lot in which approximately half of the lot falls within a deer yard. As the proposed minimum lot area and frontage is less than the required within a deer yard, the applicant has undertaken an EIS which as demonstrated that the impacts to the natural environment were anticipated to be minor as a result of the proposed consent providing that the mitigation measures provided in the report were implemented. Additional lots proposed in future will be subject to an EIS to demonstrate no adverse impacts. ZONING 4.22 Natural Heritage Features 3. Deer Yard No use of land, buildings or structures shall be permitted within the Deer Yard constraint Area except where acceptable mitigating measures or conservation practices are implemented as approved by the public body having jurisdiction. These provisions shall not apply to a pit or quarry where otherwise governed by a license pursuant to the Aggregate Resources Act. Page 20 of 35

21 The subject property is zoned as Rural (RU) in the Township s zoning by-law. Approximately half of the proposed lot falls within the area of deer yard constraint area. As a result, an EIS has been completed which provides for mitigative measures which when implemented will allow the lot to developed without any adverse impact to occur on the habitat or herd. The proposal meets the minimum frontage and area requirements of the RU zone and meets all other provisions of the Zoning By-law. As a result of the proposed lot, the retained lands will continue to maintain their conformity to the Rural zone. DISCUSSION The application for consent proposes to sever a vacant landholding. The retained lands are currently developed. No new development for the retained lands is proposed at this time. Overall, this application, as submitted, complies with the policies of the Township s Official Plan and Zoning By-law. ATTACHMENTS Site sketch. RECOMMENDATION THAT Council recommends to the Land Division Committee of Lanark County that application B18/025 for consent be approved subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the Township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. That the applicant provide to the Township the $200 cash in lieu of parkland fee; 7. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor s certificate indicating that the municipality s title is free and clear of all encumbrances and that the municipality has a good and marketable title; Page 21 of 35

22 The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required; 8. At the sole expense of the applicant that the applicant enter into a Development Agreement with the Township of Lanark Highlands. The wording of the agreement shall be acceptable to the Municipality and shall address the recommended avoidance and mitigation measures outlined in the Environmental Impact Statement prepared by Geofirma Engineering Ltd. dated March 16, Prepared and Submitted By: Amanda Noël Planning Administrator/Deputy Clerk Page 22 of 35

23 Site Sketch B18/025 - Bourgeault Page 23 of 35

24 PLANNING REPORT #PD (B18-027) CONSENT APPLICATION SEVERANCE (SCISSONS) PT. LOT 2, CON 10, LANARK, TOWNSHIP OF LANARK HIGHLANDS Review of Proposal and Application An application for consent B18/027 has been received from the County of Lanark Land Division Committee for the creation of one residential lot for lands legally described as Part Lot 2 Conc. 10, geographic Township of Lanark. The purpose of the application is to sever a 9.5 ac (3.86ha) parcel of land with an existing house and garage, municipally known as 568 Ferguson s Falls Road, and retain a 63ac (25.51ha) parcel of land with an existing storage barn. Both the severed and retained lands will be accessed by Ferguson s Falls Road. PROVINCIAL POLICY STATEMENT (PPS) The Provincial Policy Statement 2014 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Per Section 3(5) (a) of the Planning Act, R.S.O. 1990, all planning decisions must be consistent with the PPS. A review of applicable policies must be undertaken and the application is evaluated under the consistent with test. The following is a list of applicable sections of the PPS, as well as a review of the proposal in consideration of these policies: On rural lands located in municipalities, permitted uses are: c) limited residential development Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. Staff recognize that the addition of one rural-residential building lot would be considered limited residential development and that the development would be compatible with the rural character of the surrounding area as there are other rural-residential properties located along the Ferguson s Falls Road. The proposed retained lot would be serviced by private well and septic. Permits from the Health Unit would be required prior to any new development. Based on the above analysis, Staff is of the opinion that the proposal is consistent with the policies of the PPS. Page 24 of 35

25 OFFICIAL PLAN Applications for consent must be evaluated with the policy directives of Section 8.4.2, which provides direction for the division of lands within the Township In order to maintain and protect the landscape and identity of the Rural Communities, it will be important to avoid inefficient land use patterns such as strip or scattered development, to minimize incompatibility between land uses and to minimize adverse environmental impacts. The subject land is designated as Rural Communities on Schedule A of the Township s Official Plan. The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts. The proposed severance is consistent with the objectives of the Township s OP policies. ZONING The subject lands are zoned Rural. The subject lot and the retained lot have sufficient frontage, depth and area to meet the requirements of the Rural zone. As a result of the proposed severed lot, the retained lands would no longer conform to the provisions of the zoning by-law due to the existence of an accessory structure. Accessory structures are permitted under the Township s Zoning By-law together with a main use. In order to conform to the zoning by-law, the applicant would require a zoning by-law amendment to recognize an accessory use prior to a main use, or to construct a main use on the property. DISCUSSION If approved, the consent will result in the creation of one new conveyable rural lot developed with a storage barn, subject to a zoning by-law amendment or building permit, and retain a developed land holding that is currently serviced by private well and septic. New development on the retained lands has been proposed at this time. Overall, this application, as submitted, complies with the policies of the Township s Official Plan and Zoning By-law. RECOMMENDATION That Council recommends to the Land Division Committee of Lanark County that application B18/027 for consent be approved, each subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2 Page 25 of 35

26 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the Township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard; 5. That the applicant provide to the Township the $200 cash in lieu of parkland fee; 6. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor s certificate indicating that the municipality s title is free and clear of all encumbrances and that the municipality has a good and marketable title; 7. At the sole expense of the applicant that the applicant undertake a zoning by-law amendment with the Township of Lanark Highlands for a site specific zoning of the retained lands in recognition of the existence of an accessory structure prior to a main use, or obtain a building permit for the purposes of a main use. Prepared By: Amanda Noël Planning Administrator/Deputy Clerk Attachments: Site Sketch 3 Page 26 of 35

27 Site Sketch B18/027 - Scissons 4 Page 27 of 35

28 PLANNING REPORT #PD CONSENT APPLICATION B17/033 - (SPOONER) PART LOT 5, CONCESSION 7 GEOGRAPHIC TOWNSHIP OF DARLING, TOWNSHIP OF LANARK HIGHLANDS Review of Proposal and Application An application for consent B17/033 has been received from the County of Lanark Land Division Committee for the creation of one residential lot for lands legally described as Part Lot 5, Concession 7, geographic Township of Darling. The purpose of the application is to sever a 5ac. (2.02ha.) vacant parcel of land and to retain a 21.90ac (8.86ha.) landholding with an existing dwelling and two cabins, municipally known as 2257 Darling Road. The severed and retained lands will both be accessed by Darling Road. PROVINCIAL POLICY STATEMENT (PPS) The Provincial Policy Statement 2014 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Per Section 3(5) (a) of the Planning Act, R.S.O. 1990, all planning decisions must be consistent with the PPS. A review of applicable policies must be undertaken and the application is evaluated under the consistent with test. The following is a list of applicable sections of the PPS, as well as a review of the proposal in consideration of these policies: On rural lands located in municipalities, permitted uses are: c) limited residential development Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. Staff recognize that the addition of one rural-residential building lot would be considered limited residential development and that the development would be compatible with the rural character of the surrounding area as there are other rural-residential properties located along the Darling Road. The proposed retained lot would be serviced by private well and septic. Permits from the Health Unit would be required prior to any new development. Based on the above analysis, Staff is of the opinion that the proposal is consistent with the policies of the PPS. Page 28 of 35

29 OFFICAL PLAN Applications for consent must be evaluated with the policy directives of Section 8.4.2, which provides direction for the division of lands within the Township. The property is designated as Rural Communities on Schedule A of the Township s Official Plan In order to maintain and protect the landscape and identity of the Rural Communities, it will be important to avoid inefficient land use patterns such as strip or scattered development, to minimize incompatibility between land uses and to minimize adverse environmental impacts. The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts Lot creation by means of severance is permitted for one additional lot within a deer yard providing that the minimum lot frontage is 90 metres (295 feet) and the minimum area is 1.5 hectares (3. 7 acres) for both the severed and the retained lands. Lesser lot sizes may be considered if through means of an Environmental Impact Statement undertaken by a qualified professional it can be demonstrated that no adverse impact will occur to the habitat or herd The creation of multiple lots (more than 1 severance) will require an Environmental Impact Statement to demonstrate no adverse impacts. The application for consent proposes to sever one lot that falls within the area of deer yard. The proposed minimum lot size meets the required area of a deer yard. The Mississippi Valley Conservation Authority anticipates that development impacts on the deer yard can be mitigated if the removal of trees and other terrestrial vegetation is kept to a minimum required to develop the severed lands. The retained lands are already developed with no new development proposed at this time. Additional lots proposed in future will be subject to an EIS to demonstrate no adverse impacts. Schedule B of the Official Plan identifies a layer of Organic Soil on the Northern portion of the subject land. The proposed severance is not impacted by the Organic Soil as it is located to the South East portion of the subject land. The Mississippi Valley conservation Authority identified an unnamed tributary of the Indian River, and two branches of this tributary, flow through a large unclassified wetland located in the northern half of the rear lot line of the proposed severed lands. In addition, although it has not been mapped, lowland was observed in the southeast corner of the retained lands. Upon conducting a site visit with the landowner, it was determined that the severed lands were located on higher ground adjacent to this lowland. Organic Soils have been mapped on a significant portion of the subject Page 29 of 35

30 property including the severed lands. A sufficient area appears to exist on the severed lands for development beyond 30m of the watercourse and therefore no impacts on the watercourse are anticipated as a result of the subject application. ZONING 4.22 Natural Heritage Features 3. Deer Yard No use of land, buildings or structures shall be permitted within the Deer Yard constraint Area except where acceptable mitigating measures or conservation practices are implemented as approved by the public body having jurisdiction. These provisions shall not apply to a pit or quarry where otherwise governed by a license pursuant to the Aggregate Resources Act Land Suitability for Use and Organic Soils Despite any other provision of this By-law, no habitable building or structure (i.e. sewage disposal system) shall be constructed, erected, altered or used on land which, by reason of its rocky, low lying, marshy, unstable character or which is located or may be located on organic soil unless the proponent or applicant for development can demonstrate through professionally acceptable engineering techniques that the physical constraint can be mitigated or overcome and that the requirements of the Ontario Building Code with respect to construction and the requirements of the Ontario Water Resources Act and the Environmental Protection Act with respect to the installation of an individual on-site sewage and water system can be met. The subject property is zoned as Rural (RU) in the Township s zoning by-law. The proposed consent has been reviewed by the Mississippi Valley Conservation Authority in which they have provided for mitigative measures for the development of the property which when implemented will allow the lot to be developed without any adverse impact to occur on the habitat or herd, or unnamed watercourse. A layer of Organic Soils is present on the Northern section of the subject land. The lands to be severed are situated to the South. As previously stated above, the Mississippi Valley Conservation Authority identified an unnamed watercourse to the rear of the proposed severed lands, though a developable area exists beyond 30m of the watercourse and therefore no impacts to the watercourse are anticipated. The proposal meets the minimum frontage and area requirements of the RU zone and meets all other provisions of the Zoning By-law. As a result of the proposed lot, the retained lands will continue to maintain their conformity to the Rural zone. Page 30 of 35

31 DISCUSSION The application for consent proposes to sever a vacant landholding, and retain lands that are currently developed with a dwelling and two cabins. No new development for the retained or severed lands is proposed at this time. Overall, this application, as submitted, is consistent with the PPS, complies with the policies of the Township s Official Plan and Zoning By-law. ATTACHMENTS Site sketch. RECOMMENDATION THAT Council recommends to the Land Division Committee of Lanark County that application B17/033 for consent be approved subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. That the applicant provide to the Township the $200 cash in lieu of parkland fee; 7. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor s certificate indicating that the municipality s title is free and clear of all encumbrances and that the municipality has a good and marketable title. The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required; 8. At the sole expense of the applicant that the applicant enter into a Development Agreement with the Township of Lanark Highlands. The wording of the agreement shall be acceptable to the Municipality and shall address the recommended development mitigation measures outlined in the comments from the Mississippi Valley Conservation Authority with respect to the application for consent dated July 5, Prepared and Submitted By: Amanda Noël Planning Administrator/Deputy Clerk Page 31 of 35

32 Site Sketch B17/033 - Spooner Page 32 of 35

33 COMMITTEE OF THE WHOLE AUGUST 14, 2018 PLANNING REPORT #PD CONSENT APPLICATION B18/076 - (IGNATIEFF) PART LOT 24, CONCESSION 2, GEOGRAPHIC TOWNSHIP OF DALHOUSIE, TOWNSHIP OF LANARK HIGHLANDS Review of Proposal and Application An application for consent B18/076 has been received from the County of Lanark Land Division Committee for the creation of a lot addition. The property is legally described as Pt. Lot 24 Concession 2, Geographic Township of Dalhousie, now in the Township of Lanark Highlands. The purpose of the application is to sever a 50 acre ( ha) parcel of land as a lot addition to lands municipally known as nd Concession Dalhousie, legally described as Pt. Lot 24 Concession 2, 27R5201 Pt. 1, and retain a 50 acre (20.234ha) vacant residential lot. The retained lands will be accessed by the 2 nd Concession Dalhousie. This application is seeking a lot line adjustment by way of a lot addition and therefore no new lots are being created. OFFICIAL PLAN Any application for consent must be evaluated with the policy directives of Section 8.4.2, which provides direction for the division of lands within the Township. The property is designated as Rural Communities on Schedule A of the Township s Official Plan A lot addition or enlargement to an existing undersized lot may be permitted even though the addition does not bring the lot up to the standard required in the zoning by-law. In such cases the lot does not lose its non-conforming status and may be developed in accordance with the relevant provisions of the Zoning By-Law. The proposed application will provide for lands to be added to an existing undersized lot. The lands to be enlarged are already developed with a dwelling and garage and are serviced by private well and septic. The proposed severance is consistent with the objectives of the Township s OP policies. Page 33 of 35

34 ZONING The subject land is zoned Rural (RU) in the Township s zoning by-law. The proposed lot addition will not further impede the existing lots with respect to their conformity with the Township s zoning by-law, but rather provide for an increase in lot size for an existing undersized lot of record. DISCUSSION The application for consent is to further add to lands of an existing undersized lot of record. Staff are of the opinion that the lands being severed will provide for the existing undersized lot to be enlarged and therefore exceed the minimum lot size required. Overall, this application, as submitted, complies with the policies of the Township s Official Plan and Zoning By-law. ATTACHMENTS Site sketch. RECOMMENDATION THAT Council recommends to the Land Division Committee of Lanark County that application B17/076 for consent be approved subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor s certificate indicating that the municipality s title is free and clear of all encumbrances and that the municipality has a good and marketable title. The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required. Prepared and Submitted By: Amanda Noël Planning Administrator/Deputy Clerk Page 34 of 35

35 Site Sketch B18/025 Ignatieff Page 35 of 35