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

Transcription

1 MINUTES LAND DIVISION COMMITTEE The Land Division Committee met in regular session on Monday, September 28, 2009 at 9:00 a.m. at the Lanark County Administration Building, 99 Christie Lake Road, Perth, Ontario. Members Present: R. Strachan, C. Tyson and D. Murphy Staff Present: M. Kirkham, Secretary-Treasurer LAND DIVISION COMMITTEE Chair: R. Strachan 1. CALL TO ORDER A quorum was present. 2. DISCLOSURE OF PECUNIARY INTEREST None. 3. APPROVAL OF MINUTES MOTION #LD MOVED BY: C. Tyson SECONDED BY: D. Murphy THAT, the minutes of the Land Division Committee meeting held on August 24, 2009 be approved as circulated. ADOPTED 4. ADDITIONS & APPROVAL OF AGENDA MOTION #LD THAT, the agenda be adopted as circulated. MOVED BY: D. Murphy SECONDED BY: C. Tyson ADOPTED Page 1 of 44

2 5. DELEGATIONS & PRESENTATIONS None. 6. COMMUNICATIONS 6.1 RVCA changes to Blueberry Creek and Rideau River (at Smiths Falls Provincially Significant Wetland boundaries and notice of public meetings. 6.2 Rideau Valley Corridor Strategy Forum Notice November 10, 2009 in North Gower. All members of the committee to be registered to attend. 7. REPORTS 7.1 The Land Division Committee reviewed the addition materials for the following application previously heard and awaiting approval to be considered at the 10:00 a.m. public hearing B08/183 Ronald and June McNeely lot addition Pt Lot 19 Conc. 8 Township of Beckwith (9 th Line Beckwith) B09/074 Estate of Ruby M. Tully lot addition Pt Lot 2 Conc. 7, geographic Township of North Burgess, now in Tay Valley Township (Elm Grove Road) B09/077 Walter McNamee new lot Pt Lot 18/19 Conc. 9, geographic Township of North Burgess, now in Tay Valley Township (Walter s Way) B09/079 Thomas Dunlop new lot Pt Lot 11 Conc. 8 geographic Township of Dalhousie now in the Township of Lanark Highlands (Conc. 9B Dalhousie). 7.2 Applications Previously Heard and Awaiting a Decision B05/055 David and Doreen Scott new lot Pt Lot 16/17 Conc. 9 Township of Beckwith (9 th Line Beckwith) B07/138 G Ronald Ashley new lot Pt Lot 4 Conc. 5, geographic Township of North Burgess, now in Tay Valley Township (Cedar Gate Road) B08/172 Heinz Wolfe new lot Pt Lot 30 Mitcheson Section Plan 6262 Almonte, now in the Town of Mississippi Mills (Main Street). Page 2 of 44

3 8. PUBLIC HEARING: The meeting recessed at 10:00 a.m. for the purpose of conducting the public hearings in the County Council Chambers. The Land Division Committee made the following decisions at the hearings: PROVISIONAL CONSENT GRANTED 8.1 B09/ B08/183 Ronald and June McNeely lot addition 8.2 B09/074 Estate of Ruby M. Tully lot addition 8.3 B09/077 Walter McNamee new lot 8.4 B09/079 Thomas Dunlop new lot 8.5 B07/138 G Ronald Ashley new lot 8.6 B08/172 Heinz Wolfe new lot PROVISIONS CONSENT DEFERRED 8.7 B05/055 David and Doreen Scott new lot MOTION #LD MOVED BY: D. Murphy SECONDED BY: C. Tyson THAT Application No. B05/055, Scott be deferred until such time as the Township of Beckwith has reviewed and amended its Consent Policies to address properties which have been merged inadvertently on title due to conversion from the Land Registry System to Land Titles. ADOPTED 9. NEW / OTHER BUSINESS Committee members reviewed and provided comments on the Counties ICSP vs. Official Plan project. 10. FALL MEETING SCHEDULE Monday, October 19, a.m. Monday, November 23, a.m., and Monday, December 14, a.m. 11. ADJOURNMENT The meeting adjourned at 11:45 a.m. Mary Kirkham Secretary-Treasurer Page 3 of 44

4 PUBLIC HEARING REPORTS Page 4 of 44

5 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Carolann McRae Hearing Date: September 28, 2009 Agent: Ron and June McNeely LDC File #: B08/183 Municipality: Township of Beckwith Geographic Township: Beckwith Lot: 19 Concession: 8 Roll No Consent Type: Lot Addition Purpose and Effect: to sever a 0.21-ha vacant parcel of land as a lot addition to lands owned by Ronald William and Isabel June McNeely and to retain a 19.0-ha residential landholding. Access via 9 th Line Beckwith. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW Land to be Severed Vacant same 0.21-ha 6m 75.2m 9 th Line Beckwith None none Rural 0.4-ha Yes 45 m Yes N/a Land to be Retained Residential Residential 19.0-ha 150m 900m 9 th Line Beckwith Private well Septic system Rural Yes Rural 0.4-ha Yes 45 m Yes N/a Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. Page 5 of 44

6 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. Official Plan Section 4 General Development Policies, Section 6 Land Use Policies Rural Areas, Section 7, Roads, Section 9.6 Subdivision of Land. The Town of Beckwith advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law - Section 3 General Provisions, Section 11 Rural The Township of Beckwith advises that the proposal complies with the zoning by-law regulations. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township of Beckwith recommends approval of this application subject to the following conditions: - That a paper copy of the registered reference plan be provided to the Township of Beckwith. - That an electronic copy of the registered reference plan in dwg. File format be provided to the Township. Conservation Authority Rideau Valley Conservation Authority Page 6 of 44

7 Page 7 of 44

8 Page 8 of 44

9 On-Site Services (Septics) Leeds Grenville and Lanark District Health Unit Severed Lot relatively flat scrub land with seasonal high water levels. Proposed addition to an existing residential served by Class 4 septic system and private well. Satisfactory. If sewage disposal system is to be installed then granular fill will be required in proposed tile bed area. Retained lands existing residential house served by a Class 4 septic system and private well. Sufficient land area to replace existing system. Sandy loam soil 5 feet deep. Seasonal high water table. Additional granular fill will be required in replacement tile bed area. 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 0.21-ha vacant parcel of lands as a lot addition to an existing residential lot and retain a 19.0-ha residential landholding. The lot to be enlarged is relatively small being only ha, the lot addition will increase the lot to be inconformity with the minimum lot requirements for Beckwith Township. The subject lands are located in an area characterized by Residential on a variety of lot sizes along the 9 th Line Beckwith. The lands are accessed via 9 th Line Beckwith, a municipally maintained road. The Official Plan also indicates that a portion of the lands are within an Environmental Area (Goodwood Marsh) which is a Provincially Significant Wetland. As outlined by the CA the retained lands are within 120 metres of the PSW however the lands to be severed are outside this influence area. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Township of Beckwith and could be given favourable consideration. (d) PUBLIC INPUT No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended. (e) MINUTES September 28, 2009 June McNeely, agent, attended the hearing and gave evidence under oath. No further information was provided. Page 9 of 44

10 (f) DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Beckwith. 3. The applicant to provide a digital copy of the registered reference plan in a.dwg file format to the Township of Beckwith. 4. The applicant shall provide the Township of Beckwith with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 5. The Conservation Authority shall be reimbursed for all costs incurred by the CA for reviewing this application. 6. A letter shall be received from Rideau Valley Conservation Authority stating that condition #5 has been fulfilled to their satisfaction. 7. A letter shall be received from the Township of Beckwith stating that condition #2 through #4 has been fulfilled to their satisfaction. 8. The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned by Ronald William and Isabel June McNeely described as West Pt Lot 19 Conc. 8 Beckwith ( th Line Beckwith), and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction. NOTES: - The Goodwood Marsh Provincially Significant Wetland and the 120 metres lands adjacent thereto are subject to the Rideau Valley Conservation Authority s Page 10 of 44

11 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 174/06 under Section 28 of the Conservation Authorities Act). The regulation requires that the owner of the property obtain the written approval of the Conservation Authority prior to undertaking any form of development and/or site alteration (grading, filling, etc) within the 120 metre adjacent lands. A Wetland Impact Study (WIS) will be required to support any future development proposals on either the severed or retained lands. Page 11 of 44

12 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Estate of Ruby M. Tully Hearing Date: September 28, 2009 Agent: Sharon A. Thomson LDC File #: B09/074 Municipality: Tay Valley Township Geographic Township: N. Burgess Lot: 2 Concession: 7 Roll No Consent Type: Lot Addition Purpose and Effect: to sever a ha vacant parcel of land as a lot addition to lands owned by Douglas Michael and Sharon Ann Thomson and to retain a 60.0-ha landholding with an existing dwelling and outbuilding. The lands are accessed via Elm Grove Road. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW Land to be Severed Storage shed Storage shed ha 12.2 m m County Rd 21 n/a n/a Rural 1.0-ha n/a 60 m n/a n/a Land to be Retained Residence Farm Residence - Farm 60.0 ha 497 m 2600 m County Rd 21 Private well Private septic Rural Yes Rural 2.0-ha Yes 60 m Yes n/a Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. Page 12 of 44

13 Official Plan Section 2 General Development Policies, Section 3.6 Rural Policies, Section 4.3 County Roads, Section 5.2 Land Division. Tay Valley Township advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law - Section 3 General Provisions, Section 10 Rural Zones. Tay Valley Township advises that the proposal 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: Tay Valley Township recommends approval of this application subject to the following conditions: 1. Payment of all taxes owing 2. Payment of all costs incurred by the Township for review 3. copy of the Deed/Transfers 4. 2 copies of the reference plan 5. A 30 m setback from the watercourse and wetland for future development or disturbance to soil or vegetation. Contact the RVCA before doing any maintenance of the watercourse. Rideau Valley Conservation Authority On-Site Services (Septics) Mississippi Rideau Septic office. A review has been undertaken to ensure that the transferring of the subject lands will not impact the minimum requirements established in Part 8 of the Ontario Building Code. Page 13 of 44

14 The purpose of the application as understood by this office is to transfer a 0.25 hectare parcel of property from Estate of Ruby M. Tully lands to 1024 Elmgrove Road, owned by Sharon & Douglas Thomson. The retained portion of the lands is a field which currently contains no on-site sewage system. The lot to be added to contains an existing on-site sewage system. Both properties are sufficiently large for sewage system replacement or new Class 4 system installation if or when it is required. All new septic systems should be located >30 meters from the high water mark and respect all required Ontario Building Code setback and construction requirements. The Mississippi-Rideau Septic System Office has no objection to this lot addition application as proposed. We caution that other considerations must also be taken into account, however, in the review of any development application under the Planning Act for this lot including but not limited to Provincial Policy, the municipal Official Plan and Zoning By-Law, watershed and water quality objectives, lake carrying capacity and fish habitat considerations greater setbacks and lot layout modifications may be required for development to proceed. These matters may be commented on separately and advice provided to the approval authority. Hydro One Networks No comments were received. Bell Canada R-O-W No comments were received. County Roads Department Applicant has an approved existing entrance to the County Road. Permit # Road widening not required. (c) PLANNING REVIEW The applicant proposes to sever a sq.m. parcel of lands as a lot addition to lands owned by Sharon A and Douglas M Thomson at Pt Lot 2 Conc. 7 North Burgess RP27R- 373 Pt Elm Grove Road and to retain a 60.0-ha landholding with an existing residence and outbuildings. The subject lands are located in an area characterized by Residential on a variety of lot sizes along Elm Grove Road. The lands are accessed via Elm Grove Road (County Road 21), a county maintained road. Soils: O Organic Soils and Class 2/4 (marginal). Subclass T adverse topography. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for Tay Valley Township and could be given favourable consideration. Page 14 of 44

15 (d) PUBLIC INPUT Written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended, as follows: Bernie Geiger as adjoining landowners at 421 Colin Farmer Road, Thomas Geiger and H Bernhard Geiger have no objections and recommend this severance proceed. Please inform us of the final decision of the Committee. (e) MINUTES September 28, 2009 Sharon Thomson, agent, and Doug Thomson, landowner, attended the hearing and gave evidence under oath. No further information was provided. (f) DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall satisfy all the requirements of Tay Valley Township, financial and otherwise, that may be required under established by-laws for consent applications. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to Tay Valley Township. 4. The applicant shall provide the Township with two copies of all reference plans associated with this application if a survey is required by the Land Titles Office. 5. The applicant shall provide the Township with a copy of the deed/transfer for the property. 6. A letter shall be received from Tay Valley Township stating that condition #2 through #5 has been fulfilled to their satisfaction. Page 15 of 44

16 7. The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned by Sharon A and Douglas M Thomson described as Part 1, Reference Plan 27R-373, at Pt Lot 2 Concession 7, geographic Township of North Burgess, now Tay Valley Township, and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction. NOTES: - Tay Valley Township advises that any future development or disturbance to soil or vegetation will need to conform to the 30 m water setback, in relation to the watercourse on the property, as set out in section 3.26 of the Zoning By-law. - Rideau Valley Conservation Authority recommends that the landowner adhere to a 30 metre setback for any future development or disturbance to soil or vegetation cover from the high water mark of the watercourse on the property. - Rideau Valley Conservation Authority recommends that a 30 meter setback be established for any future development or disturbance to soil or vegetation cover from the wetland as to protect the function of the wetland and the habitat associated with these features. - The landowner should contact the Rideau Valley Conservation Authority prior to any maintenance of the watercourse. Works including widening, deepening, altering, straightening, changing, diverting or interfering requires approval of the Conservation Authority. Page 16 of 44

17 LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Walter J. McNamee Hearing Date: September 28, 2009 Agent: Heather & Dave Lundberg LDC File #: B09/077 Municipality: Tay Valley Township Geographic Township: North Burgess Lot: 18 & 19 Concession: 9 Roll No Consent Type: New Lot Purpose and Effect: to sever a ha land parcel with an existing seasonal dwelling and retain a ha land parcel with a boat house and shed. The lands are accessed via Walter s Way. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage (Water) Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW Land to be Severed Cottage Cottage ha m 243 m Private Road Private Well Composting Toilet Limited Services Residential ha Yes 60 m Yes n/a Land to be Retained Boat House / Shed same ha m 289 m Private Road Non Privy Rural Yes Limited Services Residential ha Yes 60 m Yes n/a Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. 1.6 Infrastructure and Public Service Facilities Page 17 of 44

18 Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. 2.1 Natural Heritage Section Natural features and areas shall be protected for the long term. Section Development and site alteration shall not be permitted in: (a) significant wetlands in Ecoregions 5E, 6E and 7E. Section Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, and unless the ecological features function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features of on their ecological functions. 2.2 Water Section Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections a through g). Section Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. 2.6 Cultural Heritage and Archaeology Section Development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by removal and documentation, or by preservation o site. Where significant archaeological resources must be preserved on site, only development and site alteration which maintain the heritage integrity of the site may be permitted. Section Development site alteration may be permitted on adjacent lands to protected heritage property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected property will be conserved. Mitigative measures and/or alternative development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alterations. 3.1 Natural Hazards Section Development shall generally be directed to areas outside of: (b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Official Plan Section 2 General Development Policies, Section 3.6 Rural Policies, Section 4.3 County Roads, Section 5.2 Land Division. Tay Valley Township advises that the proposal conforms to the designations and policies of the Official Plan. Page 18 of 44

19 Zoning By-law - Section 3 General Provisions, Section 5.3 Limited Services Rural. Tay Valley Township 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: Tay Valley Township recommends approval of this application subject to the following conditions: 1. Payment of all taxes owing 2. Payment of all costs incurred by the Township for review 3. Copy of Deed/Transfers 4. 2 copies of the reference plan 5. Parkland contribution of $ Site Plan Control Agreement to include comment that existing accessory structures on retained lot would not be used until there was a use on the main lot 7. Compliance with Rideau Valley Conservation Authority Recommendations 8. All new construction as well as septic systems to be located greater than 30m from the high water mark, Conservation Authority The subject application for consent has been reviewed by the Rideau Valley Conservation Authority (RVCA) and we offer the following comments to the Committee. The subject lands front on Pike Lake and are accessed by an existing private road. The application will create a ha lot with meters of water frontage and retain a ha acre lot with meters of water frontage. There is an existing noncomplying residence on the severed lot. The dwelling on the proposed waterfront lot is situated 12 meters back from the water and is located on a relatively flat section by the water. The current landowner has limited access to the water and has maintained a buffer along the majority of the shoreline. The lot rises away significantly away from the water towards the back of the property, with the retained portion consisting of rolling topography. There is a suitable building envelop on the upland section of the property. There is gazebo located approximately 18 meters from the water. There is an existing private road running parallel to the shore. The average setback from the road on the retained lot is approximately meters. While the severed lot has an avenge setback of meters. It is assumed that that the non-complying use (existing cottage) on the severed lands will be corrected over time. It should be clearly understood that any future development on the severed and retained lands must adhere to the setbacks and standards set out in the current Municipal planning documents. This includes providing a suitable location to install a conventional Class 4 septic system and a building envelope located a minimum of 30 metres from the water. The RVCA will not support any forthcoming application that does not meet the current standards and setbacks. Any future development within 100 m of the water on the retained and severed lands will be subject to Site Plan Control as a requirement of the municipal planning documents. The RVCA has no objection and generally recommends the following conditions be Page 19 of 44

20 included in any future development application (Site Plan Control) to protect the aquatic environment: All disturbances should be restricted to areas outside the 100 ft setback. Roof runoff is to be directed via eaves troughing and outletting of eaves troughs to a soak-away pit (dug whole with gravel) to facilitate the infiltration of roof runoff. Erosion and sediment controls set on the water side of the construction site (during the construction period and maintained until vegetation has established). Due to limited soil cover and the slope it is important to constantly maintain and inspect erosion and sediment controls. Excavated materials be disposed of well away from the water. Access to the water should be limited to one area with no disturbance to the existing near shore vegetation (and delineated on site plan). The written approval of the RVCA is required prior to any altering, straightening, changing, diverting or interfering with the shoreline of the lake. Trusting this is satisfactory we thank you for the opportunity to comment. Please do not hesitate to contact the undersigned should there be any questions. Please provide a copy of the Committee s decision to the Rideau Valley Conservation Authority s Manotick Office. We would also appreciate being advised of any change in the status of the application. On-Site Services (Septics) Mississippi-Rideau Septic Office A review has been undertaken to ensure that the transferring of the subject lands will not impact the minimum requirements established in Part 8 of the Ontario Building Code. The purpose of this application is to sever a hectare property and retain a hectare property on Walter s Way in Tay Valley Township. The severed portion contains an existing cottage situated within 30 metres of the edge of Pike Lake. The cottage on the severed portion is serviced by a composting toilet and an existing greywater pit. The greywater pit was not located by the MRSSO and is likely located within Tay Valley Township and Ontario Building Code setback distances. There is sufficient room on the severed land to install a Class 4 sewage system if required in the future. The retained portion has sufficient room for a new Class 4 sewage system should further lot development take place in the future. All new septic systems should be located >30 meters from the high water mark and respect all required Ontario Building Code setback and construction requirements. Provided these design parameters continue to be met the Mississippi-Rideau Septic Office has no objection to this severance as proposed. We caution that other considerations must also be taken into account, however, in the review of any development application under the Planning Act for this lot including but not limited to Provincial Policy, the municipal Official Plan and Zoning By-Law, watershed and water quality objectives, lake carrying capacity and fish habitat considerations greater setbacks and lot layout modifications may be required for development to proceed. These matters may be commented on separately and advice provided to the approval authority. Hydro One Networks No comments were received. Bell Canada R-O-W No comments were received. Page 20 of 44

21 (c) PLANNING REVIEW The applicant proposes to sever a ha residential lot with an existing seasonal dwelling and retain a parcel of land with a boat house and shed. Two previous severances were taken from the original parcel in 1992 (located off Scotch Line Road. The subject lands are located in an area characterized by Residential Development on a variety of smaller lot sizes along the south side of Scotch Line Road, many with access to Pike Lake. The northerly side of Scotch Line Road is characterized by large generally vacant landholdings. The lands are accessed via Walter s Way a private r-o-w, which adjoins Scotch Line Road, a county maintained road. The lands are within 300 m of a Primary Water Source (Pike Lake) therefore are subject to possible Archaeological Potential. A State of the Lake Environment Report was undertaken on Pike Lake in 2001, 2002, 2003, 2004 and The reports were able to conduct a comparison between water quality conditions as they existed in 2005 and the previous four years, to results obtained since In general the water quality in Pike Lake is in reasonably good shape. However, Pike Lake has a variable quantity of nutrients that are at and often in excess of the accepted threshold values. A continued stewardship program is required to educate the users of the lake on ways to reduce nutrient loading. The Lake was also tested for invasive species, in particular, zebra mussels and spiny water flea. Neither Spiny water flea or zebra mussel larvae nor adults were detected in the any of the reporting years. Residents and property owners need to ensure that all access points to the lake have been posted, and the precautions they can take to avoid the spread of invasive species from other lakes. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for Tay Valley Township 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 September 28, 2009 Walter McNamee, owner, Heather and Doug Lundberg, agents and Shannon McIlvena, adjacent landowner, attended the hearing and gave evidence under oath. Mr. McNamee Page 21 of 44

22 confirmed that Walter s Way is a 66 foot r-o-w and splits the 2 lots that front onto the Scotch Line. (f) DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The deed of land required by condition #1 above shall recognize any rights-ofway that currently exist. 3. An appropriate right-of-way shall be granted to the owners of the lot to be severed and retained. 4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to Tay Valley Township. 5. The applicant shall provide Tay Valley Township with two copies of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. The applicant shall provide Tay Valley Township with a copy of the deed/transfer for the property. 7. Payment of $ shall be made to Tay Valley Township representing the amount satisfactory to the Township of up to 5% of the value of the land pursuant to Section 51.1(3) of the Planning Act (Cash-in-Lieu of Parklands). 8. The landowner shall enter into a Development Agreement and / or Site Plan Control Agreement with Tay Valley Township pursuant to Sections 51(25), 51(26) and 53(12) of the Planning Act, which may be registered on title of the lot to be severed, and binding upon the owner and all subsequent owners in title. The wording of the agreement shall be acceptable to Tay Valley Township and Rideau Valley Conservation Authority and shall address their concerns as outlined in their reports of Sept 8, 2009 and July 14, 2009 respectively. 9. A letter shall be received from Rideau Valley Conservation Authority stating that condition #8 has been fulfilled to their satisfaction. Page 22 of 44

23 10. A letter shall be received from Tay Valley Township stating that condition #4 through #8 has been fulfilled to their satisfaction. NOTES: - Tay Valley Township advises that the location of the proposed dwelling will need to conform to the 30 m water setback, in relation to the lake, as set out in section 3.26 of the Zoning By-law. - Tay Valley Township advises that development will be subject to Site Plan Control. - That if during the process of development archeological remains be uncovered, the developer or their agents should immediately notify the Archaeology Section of the Ontario Ministry of Culture. That in the event that human remains are encountered during construction, the developer should immediately contact both the Ministry of Culture and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations. - Residents and users of Pike Lake are encouraged to continue a stewardship approach to limit the amount of nutrients entering the lake. - Residents and users of Pike Lake are encouraged to take precautions to avoid the spread of the invasive species (zebra mussels) from other lakes. - The Mississippi-Rideau Septic Office advises that all new septic systems should be located >30 meters from the high water mark of any watercourse and respect all required Ontario Building Code setback and construction requirements. - The Rideau Valley Conservation Authority advises that any watercourse on the subject property is subject to the Authority s Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Ontario Regulation 174/06). Written approval of the Conservation Authority must be obtained prior to straightening, changing, diverting or interfering in any way with the existing channel of a watercourse. LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Thomas R. Dunlop Hearing Date: September 28, 2009 Page 23 of 44

24 Agent: LDC File #: B09/079 Municipality: Township of Lanark Highlands Geographic Township: Dalhousie Lot: 11 Concession: 8 Roll No Consent Type: New Lot Purpose and Effect: to sever a 1.09-ha land parcel with an existing residential unit and retain a ha landholding with an existing residential dwelling, outbuildings and golf course. The lands are accessed via 9 th Conc. B Dalhousie. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW Land to be Severed Residential Residential 1.09 ha 103 m 110 m Municipal Road Private Well Private Septic Commercial Recreational Does not comply will require re-zoning to Rural Land to be Retained Residential / Golf Course Residential / Golf Course ha 295 m 400 m Municipal Road Private Well Private Septic Rural Yes Commercial Recreational 1.0-ha Yes 100 m Yes n/a Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. Page 24 of 44

25 2.2 Water Section Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections a through g). Section Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. 2.6 Cultural Heritage and Archaeology Section Development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by removal and documentation, or by preservation o site. Where significant archaeological resources must be preserved on site, only development and site alteration which maintain the heritage integrity of the site may be permitted. Section Development site alteration may be permitted on adjacent lands to protected heritage property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected property will be conserved. Mitigative measures and/or alternative development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alterations. 3.1 Natural Hazards Section Development shall generally be directed to areas outside of: (b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Official Plan Section 3.0 Growth and Settlement, Section 3.6 Rural Area, Section 4.2 Water Supply and Sewage Disposal, Section 8.0 Natural and Human Made Hazards, Section Township Roads, Section Subdivisions, Consents and Part-Lot Control. The Township of Lanark Highlands advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law - Section 4.0 General Provisions, Section 15.0 Commercial Recreational Zone, section 20.0 Definitions. The Township of Lanark highlands advises that the proposal DOES NOT COMPLY with the zoning By-law provisions. A zoning amendment is required. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township of Lanark Highlands recommends approval of this application subject to the following conditions: 1. The balance of any outstanding taxes, including penalties and interest, (and any Page 25 of 44

26 local improvement charges, if applicable) shall be paid to the Township. 2. That the applicant provide the Township with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed and the lands retained are in compliance with all zoning provisions. The surveyor s information shall include confirmation of adequate frontage for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated the applicant will take any and all steps to bring the property into compliance. 3. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the Township. 4. That the applicant submit to the Township the 5% cash-in-lieu of parkland requirement. 5. That the applicant pay any outstanding fees to the Township prior to final approval. 6. That the applicant provide a road widening to the Township. Page 26 of 44

27 Page 27 of 44

28 Conservation Authority Mississippi Valley Conservation Authority Mississippi Valley Conservation (MVC) has been circulated the above noted application to conduct a review in terms of MVC Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion. According to the information provided, the purpose of the subject application is to sever a Page 28 of 44

29 developed 2.71-ac parcel of land and retain a developed ac parcel of land. A review of available mapping shows Purdon s Creek traveling through the proposed retained lands and along the western lot line of the proposed severed lands. No other natural heritage features or natural hazards were identified. The resulting lots meet with the current minimum area requirements set out in the Township of Lanark Highland s Zoning By-law and both lots are already developed with no new development proposed at this time. With all of this in consideration, MVC does not have any objection to the subject application. The property owner should be advised that in the event that shoreline work is proposed, written permission may be required from MVC pursuant to Ontario Regulation 153/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. In addition, any proposed works in or near the creek should be reviewed by MVC to ensure there will be no harmful alteration, disruption or destruction of fish habitat. Authorization under Section 35 of the Fisheries Act may be required for such work. Should any questions arise please do not hesitate to call. Please advise us of the Committee s decision in this matter. On-Site Services (Septics) Leeds, Grenville & Lanark District Health Unit Severed Existing residential house served by a class 4 septic system and private well. Sufficient land area to replace existing system. Sandy loam soil 5 feet deep. Satisfactory. Retained Existing residential house and golf course served by a Class 4 septic system and private well. Sufficient land area to replace existing system. Sandy loam soil 5 feet deep. Satisfactory. 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 1.1-ha residential lot with and existing dwelling and retained a 24.3-ha landholding with a residential dwelling, outbuildings and Golf Course. The two dwellings have been located on the lands for over 50 years, with no previous separate ownership and have not inadvertently merged on title. The subject lands are located in an area characterized by Residential, Commercial and Seasonal Development on a variety of lot sizes along Conc. 9B Dalhousie and Watson s Corners Road. A Restaurant and Tent /Trailer Park are located south of the lands. The lands are accessed via Conc. 9B Dalhousie, a municipally maintained road. The retained lands also access the Watson s Corners Road (County Road #8), no changes to the entrance from the County Road is proposed. The lands are within 300 m of a Primary Water Source (Mississippi River and Dalhousie Lake) therefore are subject to possible Archaeological Potential. Page 29 of 44

30 A State of the Lake Environment Report was undertaken on Dalhousie Lake in 2001 and The reports were able to conduct a comparison between water quality conditions as they existed in 2006 and 2001, to results obtained some 26 years earlier. In general the water quality in Dalhousie Lake is good. Chlorophyll a testing indicated that the Lake has a moderate algae density. The Lake was also tested for invasive species, in particular, zebra mussels and spiny water flea. Spiny water flea was not detected, but zebra mussel larvae and adults were detected. Residents and property owners need to ensure that all access points to the lake have been posted, indicating the presence of zebra mussels and the precautions they can take to avoid the spread of invasive species to other lakes. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Township of Lanark Highlands and could be given favourable consideration. (d) PUBLIC INPUT No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended. (e) MINUTES September 28, 2009 No persons attended the hearing. (f) DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. CONDITIONS: 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Lanark Highlands. Page 30 of 44

31 3. Satisfactory evidence shall be provided to the Township of Lanark Highlands confirming that the lot to be severed and the lot to be retained comply with the pertinent provisions of the Zoning By-law. 4. The lot to be severed shall be zoned to an appropriate zoning category for the intended use. 5. The applicant shall provide the Township of Lanark Highlands with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. The applicant shall provide the Township of Lanark Highlands with a copy of the deed/transfer for the property. 7. The applicants shall satisfy all the requirements of the Township of Lanark Highlands, financial and otherwise, that may be required under established bylaws for consent applications. 8. Sufficient lands shall be deeded to the Township of Lanark Highlands along the frontage of the lot to be severed to meet the municipality s road widening requirements. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent should be consulted prior to commencing a survey to determine the amount of road widening required. 9. A letter shall be received from the Township of Lanark Highlands stating that condition #2 through #8 has been fulfilled to their satisfaction. NOTES: - That if during the process of development archeological remains be uncovered, the developer or their agents should immediately notify the Archaeology Section of the Ontario Ministry of Culture. That in the event that human remains are encountered during construction, the developer should immediately contact both the Ministry of Culture and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations. - Residents and users of Dalhousie Lake are encouraged to continue a stewardship approach to limit the amount of nutrients entering the lake. - Residents and users of Dalhousie Lake are encouraged to take precautions to avoid the spread of the invasive species (zebra mussels) to other lakes. - The property owner should be advised that in the event that shoreline work is proposed on Purdon s Creek, written permission may be required from MVC pursuant to Ontario Regulation 153/06 - Development, Interference with Page 31 of 44

32 Wetlands and Alterations to Shorelines and Watercourses. - In addition, any proposed works in or near the creek should be reviewed by MVC to ensure there will be no harmful alteration, disruption or destruction of fish habitat. Authorization under Section 35 of the Fisheries Act may be required for such work. LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Page 32 of 44

33 Owner: George Ronald Ashley Hearing Date: September 28, 2009 Agent: N/A LDC File #: B07/138 REVISED Municipality: Tay Valley Township Geographic Township: N. Burgess Lot: 4 Concession: 5 Roll No Consent Type: New Lot Purpose and Effect: The original proposal for consent was to sever a residential building lot along the NE boundary of the applicant s lands, together with access across the applicant s lands. The proposal has been revised, which proposes the access via Cedar Gate Road, an existing r-o-w. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW Land to be Severed Vacant Seasonal Residential 1.40 ha m 153 m Right-of-way Proposed Well Private Septic Seasonal Residential ha Yes 91 m Yes n/a Land to be Retained Seasonal Residential Seasonal Residential 12 ha m m Right-of-way Private Well Private Septic Rural Yes Seasonal Residential ha Yes 91 m Yes n/a Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section In rural areas located in municipalities permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. Page 33 of 44

34 1.6 Infrastructure and Public Service Facilities Section Individual on-site sewage services and individual on-site water services shall be used for a new development of five or less lots or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long-term provisions of such services. 2.1 Natural Heritage Section Natural features and areas shall be protected for the long term. Section Development and site alteration shall not be permitted in: (a) significant wetlands in Ecoregions 5E, 6E and 7E. Section Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, and unless the ecological features function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features of on their ecological functions. 2.2 Water Section Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections a through g). Section Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. 2.6 Cultural Heritage and Archaeology Section Development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by removal and documentation, or by preservation on site. Where significant archaeological resources must be preserved on site, only development and site alteration which maintain the heritage integrity of the site may be permitted. Section Development site alteration may be permitted on adjacent lands to protected heritage property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected property will be conserved. Mitigative measures and/or alternative development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alterations. 3.1 Natural Hazards Section Development shall generally be directed to areas outside of: (b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Official Plan section 2 General Policies, Section 3.4 Natural Heritage, Section 3.5 Natural Hazard, Section 3.6 Rural Policies, Section 4.5 Private Roads, Section 5.2 Land Division. Tay Valley Township advises that the proposal conforms with the designations and policies of the Official Plan. Page 34 of 44

35 Zoning By-law - Section 3 General Provisions, Section 5.2 Seasonal Residential Zone. Tay Valley Township advises that the proposal DOES NOT comply with the existing zone requirements, however they will entertain an application to rezone the lands from Seasonal Residential to Limited Services Residential. Section 3.4 of the Zoning By-law only permits EXISTING seasonal dwellings to be located within a Seasonal Residential Zone. (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: 1. Payment of all taxes owing 2. Payment of all costs incurred by the Township for review 3. Copy of Deed/Transfer(s) 4. 2 copies of the reference plan 5. Parkland contribution of $ Rezoning from RS to RLS 7. Compliance with the Rideau Waterfront Development Review Team recommendations as Adam Lake is considered more sensitive to impacts associated with development because of its restricted outlet. Conservation Authority Rideau Valley Conservation Authority Page 35 of 44

36 Page 36 of 44

37 Page 37 of 44

38 On-Site Services (Septics) Mississippi-Rideau Septic Office Nov. 16, 2007 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 1.4-ha residential building lot and retain a 12.0-ha residential lot with an existing residential dwelling. The original application submitted in 2007 proposed to extend the existing r-o-w (Green Arrow Lane) across the retained lands to the proposed lot. The Official Plan for Tay Valley Township does not permit the extension of a r-o-w. The applicant, revised to application to have the access via Cedar Gate Road. Survey Reference Plan 27R-2883 indicates that the r-o-w abuts the easterly boundary of the proposed lot. (See attached sketch) The subject lands are located in an area characterized by Residential and Seasonal Residential on a variety of lot sizes along both Cedar Gate Road and Green Arrow Drive on the south shore of Adam s Lake. The proposed lands are accessed via Cedar Gate Road a private r-o-w, which adjoins Page 38 of 44