MINUTES LAND DIVISION COMMITTEE The Land Division Committee met in regular session on Monday, October 19, 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-2009-024 MOVED BY: C. Tyson SECONDED BY: D. Murphy THAT, the minutes of the Land Division Committee meeting held on September 28, 2009 be approved as circulated. ADOPTED 4. ADDITIONS & APPROVAL OF AGENDA MOTION #LD-2009-025 THAT, the agenda be adopted as circulated. MOVED BY: D. Murphy SECONDED BY: C. Tyson ADOPTED Page 1 of 73
5. DELEGATIONS & PRESENTATIONS None. 6. COMMUNICATIONS 6.1 Township of Drummond / North Elmsley Site Plan / Development Agreement conditions. NOTE: RVCA, MVC and Parks Canada have been requested to provide input. Response to be developed for the November meeting. 6.2 Parks Canada Rideau Corridor Landscape Strategy newly proposed governance model for the steering committee. 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. 7.1.1 B08/153 David and Betty Findlay Lot Addition Pt Lot 13 Conc. 12 geographic Township of Beckwith, now in the Town of Carleton Place (High Street). 7.1.2 B08/154 and B08/155 Joe Buckley and Jeffry Jackson two new lots Pt Lot 12 Conc. 12 geographic Township of Beckwith, now the Town of Carleton Place (High Street). 7.1.3 B09/076 and B09/089 - Congregation of St. Bede two new lots Pt Lot 19 Conc. 5 Township of Montague (Rosedale Road North). 7.1.4 B09/080 Brent Easton (1126432 Ont. Inc.) new lot Pt Lot 7, 8 and 9 Conc. 2 geographic Township of Lanark, now in the Township of Lanark Highlands (2 nd Conc. B Lanark). 7.1.5 B09/086 and B09/087 Al-Carr Sand and Gravel two new lots Pt Lot 3 Conc. 6, geographic Township of Lanark, now the Township of Lanark Highlands (6 th Conc. A Lanark). 7.1.6 B09/088 Roxanne Darling & Bob Stewart lot addition Pt Lot 1 & 2 Conc. 2 geographic Township of South Sherbrooke, now in Tay Valley Township (Bygrove Lane). Page 2 of 73
7.1.7 B09/092 George and Merle Korry new lot Pt Lot 13 Conc. 2, geographic Township of Bathurst, now in Tay Valley Township (Christie Lake Road). 7.1.8 B09/109 Georgina Madigan new lot Pt Lot 18 Conc. 6, geographic Township of South Sherbrooke, now in Tay Valley Township (Old Brooke Road). 8. PUBLIC HEARING: The meeting recessed at 10:00 a.m. for the purpose of conducting the public hearings in the County Council Chambers. 8.1 PROVISIONAL CONSENT GRANTED 8.1.1 B08/153 David and Betty Findlay Lot Addition 8.1.2 B08/154 and B08/155 Joe Buckley and Jeffry Jackson two new lots 8.1.3 B09/076 and B09/089 - Congregation of St. Bede two new lots 8.1.4 B09/080 Brent Easton (1126432 Ont. Inc.) new lot 8.1.5 B09/086 and B09/087 Al-Carr Sand and Gravel two new lots 8.1.6 B09/088 Roxanne Darling & Bob Stewart lot addition 8.1.7 B09/092 George and Merle Korry new lot 8.1.8 B09/109 Georgina Madigan new lot 8.2 PROVISIONS CONSENT DEFERRED None 9. NEW / OTHER BUSINESS None. Page 3 of 73
10. UPCOMING MEETING SCHEDULE Monday, November 23, 2009 @9:00 a.m., Monday, December 14, 2009 @9:00 a.m., and Monday, January 25, 2010. 11. ADJOURNMENT The meeting adjourned at 11:45 a.m. Mary Kirkham Secretary-Treasurer Page 4 of 73
PUBLIC HEARING REPORTS Page 5 of 73
LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: David and Betty Findlay Hearing Date: October 19, 2009 Agent: Ralph Shaw LDC File #: B08/153 Municipality: Town of Carleton Place Geographic Township: Beckwith Lot: 13 Concession: 12 Roll No. 0928-010-025-09000 Consent Type: Lot addition Purpose and Effect: To sever a 1,120 sq.m. lot as an addition to lands owned by J. Buckley and J. Jackson at Pt Lot 13 Conc.12, geographic Township of Beckwith, now in the Town of Carleton Place (High Street). DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Development Permit Category -Compliance? Land to be Severed Land to be Retained Vacant driveway Residential Street allowance Residential 1120 m 2 0.58 ha 6.86 m 50.9 m 112 m 365 m Municipal road Municipal Road/ROW Town Town Town Town Residential and Hazard Yes Residential Residential and Environmental Constraint Yes Yes. (a) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section 1.1.1.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. Official Plan Section 3, Section 4.2 Residential, section 4.7 Hazard Lands, Section 5, Transportation, Section 6, Municipal Services and Section 7.7 Land Division. The Town of Carleton Place advises that the proposal conforms with the designations and policies of the Official Plan. Development Permit By-law - Section 2 Administration, Section 3 General Provisions, Section 5, Residential, Section 7.2 Environmental Constraint. Page 6 of 73
The Town of Carleton Place advises that the proposal complies with the Development Permit 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: Town of Carleton Place recommends approval of this application 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 Town. 2. That the applicant provides a Site Grading and Drainage Plan for the retained and severed parcels to the satisfaction of the Town of Carleton Place. 3. That the applicant provides the Town with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed and the lands retained are in compliance with all Development Permit provisions. The surveyor s information shall include confirmation of adequate frontage and area for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated, the applicant will take any and all steps to bring the property into compliance. 4. Satisfactory evidence shall be provided to the Town of Carleton Place by way of a surveyor s report to confirm the setback for the existing building to the new property lines and existing property lines meet the Ontario Building Code and Development Permit by-law. 5. That the applicant conveys at no cost to the Town any required drainage easement; 6. That the applicant provides a digital copy of the reference plan (in NAD83 datum); and 7. That the applicant provide a concept plan with links to the adjacent properties to the satisfaction of the Town of Carleton Place. 8. That the applicant s solicitor prepare and register a notice on title, to the satisfaction of the town of Carleton Place, indicating that development will not proceed until appropriate Planning applications (based on the approved concept plan) have been approved. (c) PLANNING REVIEW The applicant proposes to sever a 6.86m x 112m parcel of land as a lot addition to lands owned by Joe Buckley and Jeffrey Jackson Parts 1 and 2 on Reference Plan 26R-654. The additional lands are required to provide a Street Allowance to land that will be a result through consent applications B08/154 and B08/155. The lands abut High Street, a municipally maintained street. The lands are within 300 m of a Primary Water Source (Mississippi River) therefore are subject to possible Archaeological Potential. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Town of Carleton Place and could be given favourable consideration. Page 7 of 73
(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 October 19, 2009 Ralph Shaw, agent, David Findlay, owner and Jeffrey Jackson, purchaser, attended the hearing and gave evidence under oath. Mr. Shaw outlined the purpose of the lot addition and the requirements of the Town of Carleton Place. (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 Town. 3. That the applicant provides a Site Grading and Drainage Plan for the retained and severed parcels to the satisfaction of the Town of Carleton Place. 4. That the applicant provides the Town with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed and the lands retained are in compliance with all Development Permit provisions. The surveyor s information shall include confirmation of adequate frontage and area for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated, the applicant will take any and all steps to bring the property into compliance. 5. Satisfactory evidence shall be provided to the Town of Carleton Place by way of a surveyor s report to confirm the setback for the existing building to the new property lines and existing property lines meet the Ontario Building Code and Development Permit by-law. Page 8 of 73
6. That the applicant conveys at no cost to the Town any required drainage easement. 7. That the applicant provides a digital copy of the reference plan (in NAD83 datum); 8. That the applicant provide a concept plan with links to the adjacent properties to the satisfaction of the Town of Carleton Place. 9. That the applicant s solicitor prepare and register a notice on title, to the satisfaction of the town of Carleton Place, indicating that development will not proceed until appropriate Planning applications (based on the approved concept plan) have been approved. 10. A letter shall be received from the Town of Carleton Place stating that condition #2 to #9 has been fulfilled to their satisfaction. 11. The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned by Joseph Buckley and Jeffrey Jackson described as Part 1 and 2, Reference Plan 26R-654, and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction. Page 9 of 73
LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Joe Buckley & Jeffrey Jackson Hearing Date: October 19, 2009 Agent: Ralph Shaw LDC File #: B08/154 & B08/155 Municipality: Town of Carleton Place Geographic Township: Beckwith Lot: 12 Concession: 12 Roll No. Consent Type: 0928-010-025-08900-0000 Purpose and Effect: To sever a 1,881.38 m 2 residential building lot and a 3234.39 m 2. residential building lot at Pt Lot 12, Conc. 12, Beckwith, now in the Town of Carleton Place (High Street). DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Development Permit Category -Compliance? Land to be Severed Land to be Retained Lot 1 Lot 2 Residential Residential Residential Residential Residential Residential 1881.38 m 2 3234.39 m 2 2.34 h 22.86 m 39.3 m 10 m 82.30 m 82.3 m 365 m Municipal Rd Municipal Rd Municipal Road Town Town Town Town Town Town Residential and Hazard Lands Yes Residential & Environmental Residential & Environmental Constraint Constraint Yes Yes (a) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section 1.1.1.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 1.1.4.1 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 10 of 73
1.1 Managing and Directing Land Use to Achieve Efficient Development and Land Use Patterns. Section 1.1.2 Sufficient lands shall be made available through intensification and redevelopment. Section 1.1.3 Settlement Areas shall be the focus of growth and their vitality and regeneration shall be promoted. Section 1.6.2 The use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure. Section 1.6.4.2 Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 2.1.3 Development and site alteration shall not be permitted in: (a) significant wetlands in Ecoregions 5E, 6E and 7E. Section 2.1.6 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, 2.1.4 and 2.1.5 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 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections a through g). Section 2.2.2 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 2.6.2 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 significa1nt archaeological resources must be preserved on site, only development and site alteration which maintain the heritage integrity of the site may be permitted. Section 2.6.3 Development site alteration may be permitted on adjacent lands to protected heritage property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected property will be conserved. Page 11 of 73
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 3.1.1 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, Section 4.2 Residential, section 4.7 Hazard Lands, Section 5, Transportation, Section 6, Municipal Services and Section 7.7 Land Division. The Town of Carleton Place advises that the proposal conforms with the designations and policies of the Official Plan. Development Permit By-law - Section 2 Administration, Section 3 General Provisions, Section 5, Residential, Section 7.2 Environmental Constraint. The Town of Carleton Place advises that the proposal complies with the Development Permit 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: Town of Carleton Place recommends approval of this application subject to the following conditions: B08/154: 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Town. 2. That the applicant provides a Site Grading and Drainage Plan for the retained and severed parcels to the satisfaction of the Town of Carleton Place. 3. That the applicant provides the Town with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed and the lands retained are in compliance with all Development Permit provisions. The surveyor s information shall include confirmation of adequate frontage and area for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated, the applicant will take any and all steps to bring the property into compliance. 4. Satisfactory evidence shall be provided to the Town of Carleton Place by way of a surveyor s report to confirm the setback for the existing building to the new property lines and existing property lines meet the Ontario Building Code and Development Permit by-law. 5. That the applicant conveys at no cost to the Town any required drainage easement; 6. That the applicant provides a digital copy of the reference plan (in NAD83 datum); and 7. That the applicant provides elevation drawings of the new building proposed for the severed lot that meets the standards in the Development Permit By-law. B08/155: 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Town. Page 12 of 73
2. That the applicant provides a Site Grading and Drainage Plan for the retained and severed parcels to the satisfaction of the Town of Carleton Place. 3. That the applicant provides the Town with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed and the lands retained are in compliance with all Development Permit provisions. The surveyor s information shall include confirmation of adequate frontage and area for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated, the applicant will take any and all steps to bring the property into compliance. 4. Satisfactory evidence shall be provided to the Town of Carleton Place by way of a surveyor s report to confirm the setback for the existing building to the new property lines and existing property lines meet the Ontario Building Code and Development Permit by-law. 5. That the applicant conveys at no cost to the Town any required drainage easement; 6. That the applicant provides a digital copy of the reference plan (in NAD83 datum); and 7. That the applicant provides elevation drawings of the new building proposed for the severed lot that meet the standards in the Development Permit By-law. 8. That the applicant provides a concept plan with links to the adjacent properties to the satisfaction of the Town of Carleton Place. 9. That the applicant s solicitor prepare and register a notice on title, to the satisfaction of the town of Carleton Place, indicating that development will not proceed until appropriate Planning applications (based on the approved concept plan) have been approved. Conservation Authority Mississippi Valley Conservation Mississippi Valley Conservation (MVC) has been circulated the above noted application to conduct a review in terms of MVC Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion. PROPOSAL According to the information provided, the purpose of the application is to sever a vacant 1881.38 sq.m. residential building lot and retain a 2.66-ha lot with frontage on the Mississippi River. The severed lot does not have water frontage. Concurrent application B08/155 proposes the severance of a second non-waterfront lot of area 3234.39 sq.m. with an existing residential dwelling. The resulting area of the retained lands is 2.346 ha. We note that the Notice of Application for Consent indicates that the proposed retained lands consist of an existing residential dwelling; however this dwelling was not observed during a site visit conducted by MVC staff of October 15, 2009. PROPERTY CHARACTERISTICS The proposed retained lands have frontage on the Mississippi River. A review of available GIS mapping revealed that the majority of the proposed retained lands are also within the 1:100 year flood plain and MVC s Regulation Limit of the Mississippi River. Page 13 of 73
The proposed severed lands do not have water frontage and are not located within the 1:100 year flood plain of the river. REVIEW & RECOMMENDATIONS Section 3.1.2 d) of the 2005 Provincial Policy Statement (PPS) stipulates the following: Development and site alteration shall not be permitted within: d) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. In the PPS, the definition of development includes the creation of a new lot. In addition, pursuant to Ontario Regulation 153/06 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses, MVC policies do not permit new development in the floodway. The flood plain on the subject lot is considered floodway. Therefore, with all of the above in consideration, the applicant must demonstrate a sufficient building envelope on the proposed retained lands outside of the 1:100 year flood plain and which complies with all township zoning by-law provisions. We recommend deferral of the subject application until this has been sufficiently demonstrated. Should any questions arise, please do not hesitate to call. Please advise us of the Committee s decision in this matter. Hydro One Network advised that they have no comments or concerns regarding these severances. Bell Canada R-O-W No comments were received. (c) PLANNING REVIEW The applicant proposes to sever a 1,881.4 sq.m. residential building lot (B08/154), 3,234.4 sq.m. residential lot with an existing dwelling and retain a 2.34-ha vacant landholding. The lot addition severed by application B08/153 is to be added to the retained lands to provide street access to the rear lands. The subject lands are located in an area characterized by Residential on a variety of lot sizes along High Street. The retained lands will front onto the Mississippi River. The lands are accessed via High Street, a municipally maintained road. The lands are within 300 m of a Primary Water Source (Mississippi River) therefore are subject to possible Archaeological Potential. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Town of Carleton Place and could be given favourable consideration. Page 14 of 73
(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 October 19, 2009 Ralph Shaw, agent, David Findlay, owner and Jeffrey Jackson, purchaser, attended the hearing and gave evidence under oath. Mr. Shaw advised that there is sufficient area on the retained lands to accommodate development outside the 1:100 Flood Line as shown on the mapping. The Chair advised that a Site Development Plan will confirm the area outside the 1:100 Flood 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: B08/154 Lot #1 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Town. 3. That the applicant provides a Site Grading and Drainage Plan for the retained and severed parcels to the satisfaction of the Town of Carleton Place. 4. That the applicant provides the Town with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed and the lands retained are in compliance with all Development Permit provisions. The surveyor s information shall include confirmation of adequate frontage and area 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. Page 15 of 73
5. Satisfactory evidence shall be provided to the Town of Carleton Place by way of a surveyor s report to confirm the setback for the existing building to the new property lines and existing property lines meet the Ontario Building Code and Development Permit by-law. 6. That the applicant conveys at no cost to the Town any required drainage easement. 7. That the applicant provides a digital copy of the reference plan (in NAD83 datum); 8. That the applicant provides elevation drawings of the new building proposed for the severed lot that meet the standards in the Development Permit By-law. 9. A letter shall be received from the Town of Carleton Place stating that condition #2 to #8 has been fulfilled to their satisfaction. 10. That the applicant have a Site Development Plan prepared for the retained lands, by a qualified individual demonstrating a sufficient building envelope on the retained lands outside the 1:100 year flood plain and which complies with the Town s Development Permit By-law. The Site Development Plan to be reviewed by the Conservation Authority. 11. A letter shall be received from the Mississippi Valley Conservation stating that condition #10 has been fulfilled to their satisfaction. NOTES - That if during the process of development archaeological 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. B08/155 Lot #2 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Town. 3. That the applicant provides a Site Grading and Drainage Plan for the retained and severed parcels to the satisfaction of the Town of Carleton Place. 4. That the applicant provides the Town with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed and the lands Page 16 of 73
retained are in compliance with all Development Permit provisions. The surveyor s information shall include confirmation of adequate frontage and area for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated, the applicant will take any and all steps to bring the property into compliance. 5. Satisfactory evidence shall be provided to the Town of Carleton Place by way of a surveyor s report to confirm the setback for the existing building to the new property lines and existing property lines meet the Ontario Building Code and Development Permit by-law. 6. That the applicant conveys at no cost to the Town any required drainage easement. 7. That the applicant provides a digital copy of the reference plan (in NAD83 datum); and 8. That the applicant provides elevation drawings of the new building proposed for the severed lot that meet the standards in the Development Permit By-law. 9. That the applicant provides a concept plan with links to the adjacent properties to the satisfaction of the Town of Carleton Place. 10. That the applicant s solicitor prepare and register a notice on title, to the satisfaction of the town of Carleton Place, indicating that development will not proceed until appropriate Planning applications (based on the approved concept plan) have been approved. 11. A letter shall be received from the Town of Carleton Place stating that condition #2 to #10 has been fulfilled to their satisfaction. 12. That the applicant have a Site Development Plan prepared for the retained lands, by a qualified individual demonstrating a sufficient building envelope on the retained lands outside the 1:100 year flood plain and which complies with the Town s Development Permit By-law. The Site Development Plan to be reviewed by the Conservation Authority. 13. A letter shall be received from the Mississippi Valley Conservation stating that condition #12 has been fulfilled to their satisfaction. NOTES - That if during the process of development archaeological 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. Page 17 of 73
LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: The Congregation of St. Bede Hearing Date: October 19, 2009 Agent: Paul Howard LDC File #: B09/076 & B09/089 Municipality: Township of Montague Lot: 19 Concession: 5 Roll No. 0901-000-020-40315 Consent Type: New Lots Purpose and Effect: To sever a 3.52-ha residential building lot and a 1.3-ha residential building lot. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category Lands to be Severed Lot 1 Lot 2 Vacant Farm Vacant Farm Building Lot Building Lot 3.52 ha 1.3 ha 50 m 50 m 280 m 280 m Municipal Municipal Road Road Private Well Private Well Private Septic Private Septic Land to be Retained Church Church 4.2 ha 160 m 280 m Municipal Road Private Well Private Septic Development Policy Area, Rural Area Yes Rural and Institutional Rural and Institutional -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? 0.4-ha Yes 46 m Yes n/a 0.4-ha Yes 46 m Yes n/a (a) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Page 18 of 73
Section 1.1.3.1 Settlement Areas shall be the focus of growth and their vitality and regeneration shall be promoted. Section 1.1.4.1 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 1.6.4.4 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 5 Rural Lands Policy, Section 12 Transportation, Section 14 Implementation. The Township of Montage advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law - Section 3 General Provisions, Section 8 Institutional Zone, section 18 Rural Zone. The Township of Montage advises that the B09/076 proposal complies with the zoning by-law regulations; however B09/086 does not comply. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township of Montague recommends approval of this application subject to the following conditions: 1. That 5%cash in lieu of parkland be paid to the Township of Montague for each new lot created. 2. The applicant shall be required to obtain an entrance location permit from the Township of Montague. 3. That the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. That a copy of the reference plan be provided to the Township of Montague. 5. That sufficient land along the frontage of the property shall be conveyed to the Township of Montague, by registered deed, to provide a road allowance which is either 10 meters (33 feet) from the centreline of the road allowance or 10 meters (33 feet) from the centreline of the travelled portion of the road (whichever is applicable). The Ontario Land Surveyor, in preparing the reference plan describing the subject lot shall consult directly with the Township of Montague prior to the survey plan being completed. 6. B09/089 will require rezoning from institutional to rural. Page 19 of 73
Conservation Authority Rideau Valley Conservation Authority On-Site Services (Septics) Leeds, Grenville & Lanark District Health Unit Severed (both parcels) wooded and flat with at least 1 foot of soil depth over rock. There is adequate space on each parcel to accommodate a home and septic system. They will likely have to be raised to maintain separation over rock. Page 20 of 73
Retained 4.2 ha parcel contains a church, cemetery and septic system that has been replaced recently. There is adequate space on parcel to replace septic system serving the church. Hydro One Networks advises that they have no comments or concerns. Bell Canada R-O-W No comments were received. (c) PLANNING REVIEW The applicant proposes to sever two new residential building lots (3.52-ha and 1.3-ha) and retain a 4.4-ha institutional lot with a Church and cemetery. The subject lands are located in an area characterized by Residential and Institutional and are partially located within a Development Policy Area (Settlement Area) Nolan s Corners. The lands are accessed via Rosedale Road North, a municipally maintained road. 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 Montage and could be given favourable consideration. (d) PUBLIC INPUT Written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended, were received as follows: Steve Svarckopf Oct 1/09 The proposed area for severance is listed as 151 feet fronting Rosedale Road N. How far back from the road is the proposed area in feet? How much sq. Footage is required for a sewer system? This property drops down to a creek. Are there restrictions for a sewer system in conjunction with the creek? Can a bridge be constructed over the creek to provide access to build a home? I would like to be notified of the public meeting. I would like to be notified of the decision of the Land Division Committee. (Note- a complete application was forwarded to Mr. Svarckopf together with contact information for the Health Unit and Conservation Authority). (e) MINUTES October 19, 2009 Rev. Ronald Hunt, on behalf of St. Bede Church and Eric Edmonds, on behalf of St. Bede Church, attended the hearing and gave evidence under oath. Rev. Hunt and Mr. Edmonds agreed with the conditions as presented. Page 21 of 73
(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: B09/076 Lot #1 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. Payment shall be made to the Township of Montague representing the amount satisfactory to the Township of up to 5% of the value of the land pursuant to Section 51.1(3) of the Planning Act (Cash-in-Lieu of Parklands). 3. That a residential entrance to the subject lot shall be obtained. The applicant shall consult directly with the Township of Montague in this regard. 4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Montague. 5. The applicant shall provide the Township of Montague with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. Sufficient lands shall be deeded to the Township of Montague along the frontages of the lots to be severed to meet the municipality s road widening requirements. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent should be consulted prior to commencing a survey to determine the amount of road widening required. 7. The applicant shall enter into a development agreement with the Township of Montague pursuant to Sections 51(25), 51(26) and 53(12) of the Planning Act, which may be registered on title of the lot to be severed, and binding upon the owner and all subsequent owners in title. The wording of the agreement shall be acceptable to the Township of Montage and the Rideau Valley Conservation Authority and shall address their concerns for setbacks and buffer along Rosedale Creek (as set out in the RVCA report of July 10, 2009). Page 22 of 73
8. The Conservation Authority shall be reimbursed for all costs incurred by the CA for reviewing this application. 9. A letter shall be received from Rideau Valley Conservation Authority stating that condition #7 and #8 has been fulfilled to their satisfaction. 10. A letter shall be received from the Township of Montague stating that condition #2 through #7 has been fulfilled to their satisfaction. NOTES: - The Rideau Valley Conservation Authority advises that Rosedale Creek is subject to Ontario Regulation 174/06 (made pursuant to the Conservation Authorities Act) as administered by the Conservation Authority in consideration of the Authority s Development Policies for the Construction of Building Structures, Placing of Fill and Alteration to Waterways. Any proposed structure spanning across the creek to access the western portion of the property requires a permit as stated under Regulation 174/06 from the Conservation Authority. B09/089 Lot #2 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. Payment shall be made to the Township of Montague representing the amount satisfactory to the Township of up to 5% of the value of the land pursuant to Section 51.1(3) of the Planning Act (Cash-in-Lieu of Parklands). 3. That a residential entrance to the subject lot shall be obtained. The applicant shall consult directly with the Township of Montague in this regard. 4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Montague. 5. The applicant shall provide the Township of Montague with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. Sufficient lands shall be deeded to the Township of Montague along the frontages of the lots to be severed to meet the municipality s road widening requirements. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent should be consulted prior to commencing a survey to determine the amount of road widening required. Page 23 of 73
7. The lot to be severed shall be zoned to an appropriate zoning category for the intended use. 8. The applicant shall enter into a development agreement with the Township of Montague pursuant to Sections 51(25), 51(26) and 53(12) of the Planning Act, which may be registered on title of the lot to be severed, and binding upon the owner and all subsequent owners in title. The wording of the agreement shall be acceptable to the Township of Montage and the Rideau Valley Conservation Authority and shall address their concerns for setbacks and buffer along Rosedale Creek (as set out in the RVCA report of July 10, 2009). 9. The Conservation Authority shall be reimbursed for all costs incurred by the CA for reviewing this application. 10. A letter shall be received from Rideau Valley Conservation Authority stating that condition #8 and #9 has been fulfilled to their satisfaction. 11. A letter shall be received from the Township of Montague stating that condition #2 through #8 has been fulfilled to their satisfaction. NOTES: - The Rideau Valley Conservation Authority advises that Rosedale Creek is subject to Ontario Regulation 174/06 (made pursuant to the Conservation Authorities Act) as administered by the Conservation Authority in consideration of the Authority s Development Policies for the Construction of Building Structures, Placing of Fill and Alteration to Waterways. Any proposed structure spanning across the creek to access the western portion of the property requires a permit as stated under Regulation 174/06 from the Conservation Authority. Page 24 of 73
LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Brent Easton 1126432 Ontario Inc Hearing Date: October 19, 2009 Agent: Brian Kerr OLS LDC File #: B09/080 Municipality: Lanark Highlands Geographic Township: Township of Lanark Lot: 7, 8 & 9 Concession: 2 Roll No. 0934-010-000-10400, 0934-010-000-10800 Consent Type: New Lot 0934-010-000-10900 Purpose and Effect: To sever a 38.0-ha vacant landholding and retain a 73-ha vacant landholding. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation -Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? (a) APPLICATION REVIEW Land to be Severed Vacant Vacant 38 ha 70 m Irregular Municipal Road None none Rural & Organic Soils 1.0-ha Yes 60m Yes n/a Land to be Retained Vacant Cottage 73 ha 300 m 1200 m (irregular) Municipal Road None none Rural Yes Rural & Organic Soils 1.0-ha Yes 60m Yes n/a Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section 1.1.1.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 1.1.4.1 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 25 of 73
1.6 Infrastructure and Public Service Facilities Section 1.6.4.4 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 2.1.1 Natural features and areas shall be protected for the long term. Section 2.1.3 Development and site alteration shall not be permitted in: (a) significant wetlands in Ecoregions 5E, 6E and 7E. Section 2.1.6 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, 2.1.4 and 2.1.5 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 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections a through g). Section 2.2.2 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 2.6.2 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 2.6.3 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 3.1.1 Development shall generally be directed to areas outside of: (b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Page 26 of 73
Official Plan Section 3.6 Rural Area, Section 3.7 Shoreline Structures, Section 4.5.3 Township Roads, section 5.0 Cultural Heritage and Archaeological Resources, Section 7.5 Natural Heritage Features, Section 8.2 Organic Soils section 10.11.13 Subdivisions, Consents and Part-lot Control. The Township of Lanark highlands advises that the proposal conforms to the designations and policies of the Official Plan Zoning By-law - Section 4 General Provisions, Section 6.0 Rural Zone The Township of Lanark Highlands advises that the proposal complies with the zoning by-law regulations. (b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township of Lanark Highlands Planner s Report Page 27 of 73
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Township of Lanark Highlands recommends approval of this application subject to the following conditions: 1. That the applicant submit to the Township of Lanark Highlands the 5% cash-inlieu of park requirement. 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 3. That the balance of any outstanding fees pertaining to this application be submitted to the Township of Lanark Highlands. 4. That the applicant provide the Township of Lanark Highlands with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed Page 29 of 73
(including the purchaser s abutting property) and the lands retained are in compliance with all zoning provisions. The surveyor s information shall include confirmation of adequate frontage for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated the applicant will take any and all steps to bring the property into compliance. 5. That an acceptable reference plan or legal description of the severed lands and the deed conveying the severed lands shall be submitted to the Township of Lanark Highlands. 6. That entrance permits for both the severed and retained parcels be obtained. 7. That any required road widening be given to the Township of Lanark Highlands at no cost to the Township. 8. That the Applicant shall obtain the appropriate zoning for the severed parcel to acknowledge that these lands front on a non-maintained municipal road (from Rural to Limited Service Rural ). 9. That, the applicant undertake an application to stop up and close the old road/carriageway. 10. That, the Applicant shall enter into a Development Agreement with the Township of Lanark Highlands to be registered on title of the lot to be severed, and binding upon the owner and all subsequent owners in title. The wording of the agreement shall be acceptable to the Township of Lanark Highlands and shall address their concerns, but not limited to, that the Township will not be responsible for the year-round maintenance and the upgrades of the affected portion of the 2 Concession A Lanark and that the 2 Concession A Lanark be upgraded by the applicant to a Private Road Construction standard. Conservation Authority Mississippi Valley Conservation Mississippi Valley Conservation (MVC) has been circulated the above noted application to conduct a review in terms of MVC Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion. According to the information provided, the purpose of the subject application is to sever a vacant 38.0-ha building lot and retain a 73.0-ha vacant landholding. The subject property has frontage on the Clyde River. A review of available mapping shows a tributary of the Clyde River traveling through the northwest corner of the proposed retained lands. This tributary is also visible on aerial photography. Mapping also shows a second tributary of the Clyde River traveling in the vicinity of the lot line separating the proposed retained and severed lands. A third tributary running through an unclassified wetland is shown in the vicinity of the southern lot line of the severed parcel. In addition, Soils Mapping prepared by Geologic Survey of Canada shows areas of Muck i.e. organic soils on both the retained and severed lands. No other natural heritage features or natural hazards were identified. Flood plain mapping does not currently exist for this section of the Clyde River. The resulting lots meet with the current minimum area requirements set out in the Township of Lanark Highland s Zoning By-law and sufficient area exists to locate future Page 30 of 73
development in compliance with the zoning provisions. With all of this in consideration, MVC does not object to the subject application provided the following mitigative measures are implemented for any future development on the subject property: 1. Future development, including a septic system shall be setback the greater of: a minimum 30 metres from the seasonal high water mark of the Clyde River, its unnamed tributaries and the unclassified wetland or as stipulated in the zoning by-law at the time of development. 2. With regard to site selection for future structures, development shall be directed outside of lowland/wetland areas containing organic soils. 3. The shoreline vegetation surrounding the Clyde River, its tributaries and the unclassified wetland shall be retained to a minimum depth of 15 metres. 4. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the Clyde River, its tributaries, the unclassified wetland, or onto adjacent properties. The property owner should be advised that in the event that shoreline work is proposed, written permission may be required from MVC pursuant to Ontario Regulation 153/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. In addition, any proposed works in or near the Clyde River, its tributaries or the unclassified wetland should be reviewed by MVC to ensure there will be no harmful alteration, disruption or destruction of fish habitat. Authorization under Section 35 of the Fisheries Act may be required for such work. Should any questions arise please do not hesitate to call. Please advise us of the Committee s decision in this matter. On-Site Services (Septics) Leeds, Grenville & Lanark District Health Unit Severed 38-ha vacant parcel has varying slope and drainage with frontage on the Clyde River. It contains hardwood, bush, pasture and rock. Parcel will accommodate a home and septic system. Septic system may require fill depending on its location. Severed 73-ha vacant parcel has varying slope and drainage with frontage on the Clyde River, It contains hardwood, bush, pasture and rock. Parcel will accommodate a home and septic system. Septic system may require fill depending on its location. Hydro One Networks advises that they have no comments of concerns. Bell Canada R-O-W No comments were received. County of Lanark Public Works Department - No applications have been made to the County for access to County Road 511. Current Entrance Policy states entrances to County Roads will be permitted only when access from local municipal roads to the property is not feasible. At this time, having had no consultation with the applicant, access to both the proposed severed and retained lands would be from local municipal road 2 nd Conc. B Lanark. Page 31 of 73
(c) PLANNING REVIEW The applicant proposes to sever a 38.0-ha vacant landholding and retain a 73.0-vacant landholding for future cottage use. The subject lands are located in an area characterized by large vacant landholdings. The applicant owns other lands that are separated by the Clyde River and Highway 511. The lands are accessed to the west via 2 nd Con A Lanark, a municipally maintained road. The lands are within 300 m of a Primary Water Source (Clyde River) therefore are subject to possible Archaeological Potential. Soils Inventory - comprised mainly of Class 7P/R soils in the class have no capability for arable culture or permanent pasture, subclass P stoniness and R shallowness. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant s proposal maintains the general intent and purpose of the PPS and Official Plan for the Township of Lanark Highlands and could be given favourable consideration. (d) PUBLIC INPUT Written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended, as follows: John Bishop and Linda Russell we have no objection to the application, we wish to be notified of the public meeting and we wish to be notified of the decision. (e) MINUTES October 19, 2009 Brent Easton, owner and Brian Kerr, agent, attended the hearing and gave evidence under oath. Mr. Kerr advised that the Land Titles offices requires that the old road bed running through the property is required to be shown on the survey plan. (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. Page 32 of 73
CONDITIONS: 1. An acceptable reference plan or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. Payment shall be made to the Township of Lanark Highlands representing the amount satisfactory to the Township of up to 5% of the value of the land pursuant to Section 51.1(3) of the Planning Act (Cash-in-Lieu of Parklands). 3. The 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. 4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Lanark Highlands. 5. 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. That the applicant shall undertake to submit an application to stop up and close the old road / carriagebed traversing between Conc. 2B Lanark and the Clyde River through the west half Lot 9, the east and west half Lot 8 and the west half Lot 7 Conc. 2 Lanark, as shown on Drawing #S08-336, provided by McIntosh Perry Surveying. 7. The applicant shall provide the Township of Lanark Highlands with a copy of the deed/transfer for the property. 8. That a residential entrance permit shall be obtained for both the severed and retained parcels. The applicant to consult with the Township of Lanark Highlands Superintendent of Public Works. 9. Satisfactory evidence shall be provided to the Township of Lanark Highlands confirming that the lot to be severed and the lot to be retained comply with the pertinent provisions of the Zoning By-law. In the event of non-compliance, appropriate relief shall be obtained either by way of a minor variance or a zoning by-law amendment. 10. Sufficient lands shall be deeded to the Township of Lanark Highlands, at no charge, along the frontage of the lots to be severed to meet the municipality s road widening requirements. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required. Page 33 of 73
11. The lot to be severed and the lot to be retained shall be zoned to an appropriate zoning category for the intended use. 12. The landowner shall enter into a development agreement with the Township of Lanark Highlands pursuant to Sections 51(25), 51(26) and 53(12) of the Planning Act, to be registered on title of the lot to be severed, and binding upon the owner and all subsequent owners in title. The wording of the agreement shall be acceptable to the Township of Lanark Highlands and Mississippi Valley Conservation and shall address concerns as outlined in the CA letter of October 15, 2009 and the Township as outlined in their report of September 28, 2009 including, but not limited to, that the Township will not be responsible for maintenance or construction of the 2nd Con A Lanark. 13. A letter shall be received from the Township of Lanark Highlands stating that condition #2 to #12 has been fulfilled to their satisfaction. NOTES - That if during the process of development archaeological remains be uncovered, the developer or their agents should immediately notify the Archaeology Section of the Ontario Ministry of Culture. That in the event that human remains are encountered during construction, the developer should immediately contact both the Ministry of Culture and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations. - Mississippi Valley Conservation advises that in the event that shoreline work is proposed, written permission is required from MVC pursuant to Ontario Regulation 153/06 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. - In addition, any proposed works in or near the Clyde River, its tributaries or the unclassified wetland should be reviewed by MVC to ensure there will no harmful alteration, disruption or destruction of fish habitat. Authorization under Section 35 of the Fisheries Act may be required for such work. Page 34 of 73
LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT Owner: Al-Car Sand & Gravel Ltd. Hearing Date: October 19, 2009 Agent: Jim Wood LDC File #: B09/086 & B09/087 Municipality: Township of Lanark Highlands Geographic Township: Township of Lanark Lot: 3 Concession: 6 Roll No. 0940-934-025-11802-0000 Consent Type: New Lots Purpose and Effect: To sever a 1.9-ha residential building lot and a 1.0-ha residential building lot. DETAILS OF PROPOSAL Existing Use Proposed Use Area Frontage Depth Road - Access to Water Supply Sewage Disposal Official Plan Designation Conformity? Zoning Category -Area Required (min.) -Compliance? -Frontage Required (min.) -Compliance? -Depth Required (min.) -Compliance? Land to be Severed 086 087 Rural Rural Residential Residential 1.9-ha 1.0-ha 61.5 m 61.5 m 163.2 m 163.2 m Municipal Rd Municipal Rd Proposed Proposed Rural 1.0-ha Yes 60m Yes n/a Land to be Retained Rural / Pit Rural 35-ha 177.1 m 463 m Municipal Road Proposed N/A Proposed N/A Rural Organic Soils- Mineral Resource Lands are affected by both On Shield and Off Shield Regulations Rural, Environmental Protection and Mineral Resource Pit n/a none Yes (a) APPLICATION REVIEW Provincial Policy Statement - Provincial Interests were identified as follows: 1.1 Managing and Directing Land Use Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Page 35 of 73
Section 1.1.4.1 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 1.6.4.4 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 2.1.1 Natural features and areas shall be protected for the long term. Section 2.1.3 Development and site alteration shall not be permitted in: (a) significant wetlands in Ecoregions 5E, 6E and 7E. (b) significant woodlands south and east of the Canadian Shield (c) significant valleylands south and east of the Canadian Shield Section 2.1.6 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, 2.1.4 and 2.1.5 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 2.2.2 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 2.6.2 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 2.6.3 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 3.1.1 Development shall generally be directed to areas outside of: (b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Page 36 of 73
Official Plan Section 3.6 Rural Area, Section 4.2. Water Supply and Sewer Services, Section 4.5.3 Township Roads, Section 7.2 Mineral Resources, Section 7.5 Natural Heritage Features, Section 7.5.2.1.B Wetlands off the Canadian shield and on the Canadian Shield, Section 8.2 Organic Soils, Section 10.11.13 Subdivision, Consents and Part-Lot Control Individual On-Site Systems. The Township of Lanark Highlands advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law - Section 4 General Provisions, Section 4.32 Special Setbacks, Minimum Distance Separation and Influence Areas, Section 6.0 Rural Zone, Section 18.0 Mineral Aggregate Resource. The Township of Lanark Highlands advises that the proposal complies with the zoning by-law regulations. (d) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Page 37 of 73
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Township of Lanark Highlands the Planning Report recommends the following conditions: 1. That the applicant submit to the Township the 5% cash-in-lieu of park requirement. 2. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Town. 3. That the applicant provide the Town with a Building Location Survey or Surveyor s Certificate demonstrating that the lands severed (including the purchaser s abutting property) and the lands retained are in compliance with all zoning provisions. The surveyor s information shall include confirmation of adequate frontage for both the severed and retained parcels along the maintained road. Should compliance not be demonstrated the applicant will take any and all steps to bring the property into compliance. 4. An acceptable reference plan or legal description of the severed lands and the deed or instrument (in triplicate) conveying the severed lands shall be submitted to the Planning Approvals Administrator at the County for review and consent endorsement within a period of one year after the Notice of Decisions is given under Section 53 (17) or (24) of the Planning Act and that a copy of same be submitted to the township. 5. That the applicant provides assurance to the municipality that the proposed building site is outside of the area of organic soils and that compliance with existing Building Code can be demonstrated. 6. That the applicant provide an Environmental Impact Statement to the Township supporting the proposed severances. 7. That the applicant enter into a Development Agreement with the Township that addresses any recommendations included within a supporting Environmental Impact Statement. However, the Council advises that the Wood severance application be deemed premature until proof of completion of rehabilitation of the pit has been obtained from the appropriate approval authority. Page 40 of 73