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May 28, 2009MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING MAY 28, 2009 Council Chambers, West Elgin Municipal Building DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA DELEGATIONS: 9:30 a. m. Rezoning public meeting - 206 Graham Road (Melody Church) (Al & 131) Robert Miller re: proposed severance (133) 9:30 p.m. Debbie Munn, Four Counties Foundation 2:00 p.m. Christene Scrimgeour re: 2008 Audited Financial Statements 3:00 p.m. Ted Uffen, Chamber of Commerce re: signs PLANNING: (131-137) 1.* Application for zoning by-law amendment - Melody Fellowship Church 2.* Proposed severance - 25340 Talbot Line (Staddon Estate) 3.* Proposed severance - Part Lot 6, Concession 14 (Robert Miller) - report available at meeting 4.* Proposed severance 21079 McDougall Line (Fleuren) 5. Budget for Class EA for marina improvements 6. Report re: Official Plan modification 7. Community Improvement Plan 8. Monroe Street parking REPORTS: (C1-C8) 1. ROADS May 28, 2009 .............Page 2 2. RECREATION a) Staff Vacancy 3. BUILDING 4. WATER 5. BY-LAW ENFORCEMENT 6. DRAINS 7. WEST ELGIN PRIMARY SYSTEM 8. ADMINISTRATION a) Fees & Charges - sale of land for tax arrears b) Waste disposal agreement - City of Toronto ACCOUNTS CORRESPONDENCE: (D1-D4) 1.* Joe Preston, MP re: Gas Tax Fund 2. Foundation for Rural Living RDO & Host Organization Event - June 16th & 17th 3.* Peter Mansell - bicycle trail or nature walk 4.* Municipality of Chatham-Kent - notice of public meeting - Talbot Wind Farm BY-LAWS: By-law No. 2009-38 Fees & Charges - Sale of Land for Tax Arrears By-law No. 2009-39 Rezoning - 206 Graham Road (Melody Church) OTHER BUSINESS: (E1) 1. Closed session, if deemed necessary *Information enclosed May 28, 2009 .............Page 3 CONFIRMING BY-LAW ADJOURNMENT NEXT MEETINGS • June 4, 2009 • June 11, 2009 • June 25, 2009 Public Meeting re: Marina Improvements Class EA Rodney Legion, 7 p.m. Council Council MUNICIPALITY OF WEST ELGIN PUBLIC MEETING ZONING BY-LAW AMENDMENT Melody Fellowship Church 206 Graham Road - West Lorne DATE & TIME: 9:30 a.m. Thursday, May 28th, 2009. LOCATION: West Elgin Municipal Building - 22413 Hoskins Line north of the Village of Rodney. PURPOSE: To consider a proposed amendment to the Zoning By-law of the Village of West Lorne. AI The proposed amendment would change the zoning of lands lying at the northwesterly corner of the intersection of Graham Road (County Road No. 76) and Elm Street and, until recently occupied, by the Melody Fellowship Church. The lands, (described legally as Lot 46, Registered Plan No. 72) comprise a frontage of 20.1 metres (66 ft) on Graham Road, a depth and flankage along Elm Street of 40.2 metres (132 ft) and an area of 809.3 square metres (8,712 sq ft). They are currently zoned Central Commercial (C1) and would be re-zoned to the 'site- specific' Residential First Density (R1-#) Zone. The owner, Melody Fellowship Church, no longer has need of the lands and building for church purposes. The prospective new owners, Thomas Druyan and Alice Ladner, propose to convert the church into a single unit dwelling. In addition, they propose to operate a bed and breakfast establishment with a maximum of two guest rooms out of the building. Permitted uses of the R1 zone include a single unit detached dwelling and a home occupation. A bed and breakfast establishment is permitted, by definition, as a home occupation. Conversion of the church for use as a residence does not constitute a single unit detached dwelling by definition, but rather a dwelling. The R1-# zoning would permit the change in use. The subject lands are designated 'Central Business District' in the Village of West Lorne Official Plan, being the Official Plan still in effect pending the approval of the new Official Plan for the Municipality of West Elgin. Under Section 6.1.3 of the Plan, the boundaries of the land use designations are considered approximate. Changes in use (i.e. in the instance from institutional to residential) may be permitted in accordance with Section 2.8 of the Plan. ANY PERSON may attend the public meeting and/or make a written or verbal representation either in support of, or in opposition to, the proposed amendment. IF A PERSON OR PUBLIC BODY that riles an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or from the Municipal Planner, Mr. Ted Halwa, at (519) 963-1028 (London, Ontario). THE information and material required under Sections 34(10.1) and 34(10.2) of the Planning Act have been provided and this shall serve as sufficient notice of same under Section 34 (10.4) of the Act. DATED AT RODNEY this 5'h day of May, 2009. Norma Bryant Clerk Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, Ontario N0L 2CO Telephone: (519) 785-0560 Fax: (519) 785-0644 Village of WEST LORNE APPLICATION FOR A ZONING BY-LAW AMENDMENT Melody Fellowship Church 206 Graham Road LOT 16 ' ;ESSION VIII LOT 17 _ FIRST DENSITY IMMERCIAL ~C1 0 Sq m sq. ft )5 ` h a F ' E .(132 ;..40}2im . ELM STREET LOT IS ■IS I 3?7 ,k LANDS PROPOSED TO BE ZONED 'SITE-SPECIFIC' RESIDENTIAL FIRST DENSITY (R7-#) mfi~ LOT 19 20 LOT i 19 1 LOT 20 SCALE 1: 15,000 M 0 100 200 400 Adiddlesax County t!i; ink 300 Sfi:`Feii 92 a11GP:i? Lc €'.`i?, )i_v:i - F 19 May, 2009 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa #0008/1709 81 RE: Application for an Amendment to the Zoning By-law - Melody Fellowship Church - 206 Graham Road - northwesterly corner of Graham Road and Elm Street - West Lorne Application has been made for an amendment to the Zoning By-law to permit the conversion of a church, until recently occupied by the Melody Fellowship Church, for residential purposes. The prospective owners, Thomas Druyan and Alice Ladner, propose to convert the building for use as a dwelling and also operate a bed and breakfast establishment from the premises. Enclosed herewith is a draft amendment to the Township of Alborough Zoning By-law pertaining to the abovementioned matter. A public meeting is scheduled for 28 May 2009. Amendments to the Zoning By-law must be consistent with the Provincial Policy Statement (PPS). The lands are situated in a settlement area, being the Village of West Lorne, as defined by the PPS. Densities and a mix of land uses are encouraged which make efficient use of land and resources (Section 1.1.3.2). The proposed amendment would be consistent with the PPS. The subject lands are designated 'Central Business District' in the Village of West Lorne Official Plan. They lie adjacent to lands designated `Residential' to the west and south. The boundaries of land use designations are considered as approximate (Section 6.1.3). In areas designated `Residential', a range of housing types is permitted. Home occupations are also permitted. The proposed bed and breakfast establishment qualifies as a home occupation by definition. Conformity with the Plan is capable of being maintained. In this particular instance, the proposed re-zoning to 'site-specific' Residential First Density (R1-5) would permit the use of the lands for residential purposes. The draft by-law permits a "dwelling" in addition to all other permitted uses of the R1 zone insofar as the church, upon its conversion to residential use, would not strictly-speaking meet the definition of a single unit dwelling. APPLICATION FORA ZONING BY-LAW AMENDMENT s k { Uv : T Melody Fellowship Church 206 Graham Road 0,°^ Village of West Lorne Municipality of WEST ELGIN LANDS PROPOSED TO BE ZONED'SITE-SPECIFIC' RESIDENTIAL FIRST DENSITY (R1-5) SCALE 1: 500 Metres 0 3 6 12 18 24 Figure: 1 IN Melody Fellowship Church - Amendment to the Zoning By-lawn Municipality of West Elgin 19 May 2009 page 2 #0008/1709 While there is the option of applying `site-specific' Central Commercial (C1-#) zoning instead, which would provide for greater flexibility in terms of other uses of the building (i.e. a broad range of commercial uses being permitted under the existing C1 zone), the prospective owners have request a residential zoning. The proposed bed and breakfast establishment would comprise a maximum of two guest rooms. On-site parking would be provided for four vehicles. There appears to be ample room on the lands for parking purposes in addition to maintaining landscaped open space. Based on information provided, conversion of the church to residential purposes would be in keeping with neighbouring uses. The likelihood of any land use conflict is considered remote. There are no apparent servicing issues. The establishment of a bed and breakfast establishment in the downtown core is considered both desirable and appropriate. in summary, the amendment being proposed would be consistent with the PPS and would be in conformity with the Village of West Lorne Official Plan. Ted L' Halwa, MCIP, RPP Nei, enclosure CORPORATION OF THE MUNICIPALITY OF WEST ELGIN BY-LAW NO. A BY-LAW TO AMEND BY-LAW NO. 89-20, BEING THE ZONING BY-LAW OF THE FORMER VILLAGE OF WEST LORNE Melody Fellowship Church 206 Graham Road - West Lorne WHEREAS the Council of the Corporation of the Municipality of West Elgin deems it advisable to amend By-law No. 89-20; NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows: 1. THAT Section 5.3 to By-law No. 89-20, as amended, being the EXCEPTIONS of the Residential First Density (R1) Zone, is hereby amended by the addition of the following: "5.3.5 a) DEFINED AREA 111-5 as shown on Schedule "A", Map No. 3 to this By-law. b) PERMITTED USES dwelling in addition to all other permitted uses of the R1 zone." 2. THAT Schedule "A", Map No. 3 to By-law No. 89-20, as amended, is hereby amended by changing from the Central Commercial (Cl) Zone to the 'site-specific' Residential First Density (111-5) Zone those lands outlined in heavy solid lines and described as R1-5 on Schedule "A" attached hereto and forming part of this By-law, and more particularly described as Lot 46, Registered Plan No. 72, formerly in the Village of West Lorne now in the Municipality of West Elgin, in the County of Elgin. 3. THIS By-law comes into force upon the day it is passed in the event an appeal has not been filed with the Clerk within the time prescribed by the Planning Act R.S.O. 1990, as amended. In the event an appeal is filed with the Clerk within the time prescribed by the Planning, Act, R.S.O. 1990, as amended, the By-law shall be deemed not to have come into force until the appeal has been finally disposed of, whereupon the By-law (except for such parts as are repealed or amended as so directed by the Ontario Municipal Board) shall be deemed to have come into force on the day it was passed. READ a FIRST and SECOND time this day of , 2009. READ a THIRD time and FINALLY PASSED this day of , 2009. MAYOR CLERK MAPLE STREET D a O CC a ca R1-5 ELM STREET 76 THIS IS SCHEDULE'A' I Village of WEST LORNE Municipality of WEST ELGIN TO BY-LAW No. PASSED THE DAY OF , 2009. SCHEDULE W MAYOR SCALE '{:750 Metres CLERK 0 5 10 20 30 40 Ba 7 r< 19 May, 2009 lljit'rilesW Countyt rifling MEMORANDUM #0008/1715 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance - Georgina Staddon (Estate) - 25340 Talbot Line - Part of Lot 19, Concession Xli north side of Talbot Line (County Road No. 3) east of Graham Road - Eagle 1. Purpose to create a residential building lot in Eagle out of a larger parcel comprising an area of 4,177 square metres (1.0 acres) and occupied by a single unit dwelling; • lands proposed to be conveyed have a frontage of 51.8 metres (170 ft) on Talbot Line, a depth of 45.7 metres (150 ft) and an area of 2,367.3 square metres (0.6 acres). The parcel is occupied by a single unit dwelling and is proposed to be sold as part of the settling of an estate; • lands proposed to be retained have a frontage of 39.6 metres (130 ft) on Talbot Line, a depth of 45.7 metres (150 ft) and an area of 1,809.7 square metres (0.4 acres). The parcel is devoid of buildings and structures and comprises landscaped open space use. The parcel is proposed to be ultimately sold as a residential building lot as part of the aforementioned estate settlement; neighbouring uses are characterized predominantly by single unit dwellings on both sides of Talbot Line and agricultural lands to the north. Potential land use conflicts are not apparent. 2. Provincial Policy Statement & Official Plan • the proposed severance is considered to be 'consistent with' the Provincial Policy Statement (PPS). 'Settlement Areas' (which include hamlets) are to be the focus of growth (Section 1.1.3.1). Under the housing policies of the PPS, a range of housing types and densities are encouraged, including a sufficient supply of land to facilitate residential intensification and redevelopment (Section 1.4.1). The proposed building lot lies within a Municipality of WEST ELGIN Estate of Georgina Staddon 25340 Talbot Line Part of Lot 19, Concession XII PROPOSED CONSENT Hamlet of EAGLE Municipality of WEST ELGIN 02 LANDS PROPOSED TO BE CONVEYED SCALE 1:2,000 Metres 0 10 20 ao sa so 100 LANDS PROPOSED TO BE RETAINED Figure: 1 Georgina Staddon (Estate) - Proposed Severance Municipality of West Elgin May 19, 2009 page 2 #0008/1715 built-up area on a public road and has access to a municipal water supply. Development on partial services is permitted in settlement areas in those instances constituting infilling and rounding out of existing development (Section 1.6.4.5); • the subject lands are situated within the designated `Hamlet' of Eagle in the Township of Aldborough Official Plan. Conformity with the Official Plan is capable of being maintained. New development including the creation of lots is permitted subject to criteria with respect to compliance with the Zoning By-law, compatibility with neighbouring uses, adequacy of servicing and storm drainage and access to a public road (Section 2.4.7); • all new development is to be connected to the public piped water supply system (Section 2.4.5). Connection to the water supply system and the provision of on-site waste disposal (i.e. new system for the building lot and the adequacy of the system serving the existing dwelling), are capable of being addressed as conditions of consent, should the application be granted; • the County may seek a land dedication, where necessary, from the conveyed and retained parcels for road widening purposes in the event Talbot Line (County Road No. 3) is not at its minimum design width in this area. In addition, an entrance permit may be required for the proposed building lot. It is expected the County will address these matters (where necessary) if and when a formal application for consent is submitted. 3. Zoning By-law: Hamlet Residential HR • both lots would satisfy the minimum lot area and lot frontage requirements (1,000 sq m and 25 m) respectively of the HR zone where a piped water supply is available. All other requirements of the HR zone appear capable of being satisfied. A change in zoning would not be required. 4. Conclusions • the proposed lots are situated in a designated 'Hamlet' where new development would normally take place on partial services. The frontages and areas of the lots would appear to be compatible with neighbouring existing lots. No land use conflicts are apparent. Georgina Staddon (Estate) - Proposed Severance Municipality of West Elgin May 19, 2009 page 3 #0008/1715 while the application has been initiated in order to settle an estate, the evaluation of its merits rests solely on its consistency with the PPS, conformity with the Official Plan, compliance with the requirements of the Planning Act and the Zoning By-law and good planning principles. In all these respects, the granting of the application would appear to be in order. 5. Recommendation That Application for Consent, Georgina Staddon (Estate), be supported subject to the following conditions and the Elgin Land Division Committee advised accordingly: i) That all matters pertaining to providing a connection for the proposed building lot to the public piped water supply system be addressed to the satisfaction of the Municipality, ii) That the requirements of the Municipality, if any, are satisfied with respect to the existing on-site sanitary waste disposal system serving the dwelling on the lands being conveyed, and the adequacy of the lands being retained to support an independent, onsite sanitary waste disposal system REASONS The severance is 'consistent with' the Provincial Policy Statement; ii) Conformity with the Official Plan of the Township of Aldborough would be maintained; iii) The requirements of the Township of Aldborough Zoning By-law are capable of being satisfied; iv) The matters set out in the Planning Act would be satisfied; v) A new building lot would be created in an area designated and zoned for such purposes. _ Ted L. I-ialwa, MCIP, R P P r' sc-Avrn MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: ADDRESS: C PHONE: 2. --LOT CONCESSION ACREACE OF TOTAL PARCEL: z, 3. PARCEL TO BE SEVERED: ACREAGE FRONTAGE 4. ACREAGE TO BE RETAINED: 1-10 DEPTH 1-50 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL - SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO WHEN WAS DWELLING CONSTRUCTED? l 'i ( (YEAR' ) IS THE DWELLING STRUCTURALLY SOUND & SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES LZ NO WHERE IS YOUR PRINCIPLE RESIDENCE'? MUNICIPALITY l,~C~ ~r± 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? ~ 5 z4c b ,i e. 7. OTHER COMMENTS: "/t; n P,0,~ co-vN+ s P%r,iA- s- DATE F)" 8 L r SIGNATURE NOTE: There is no charge for the first time Council reviews a proposed severance appli ation he fee for additional reviews and re-submissions by Council is $100.00 per instance. If you wish attend the council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council at their meeting held on the 4`" Thursday of each month. Please submit this application by the 3`d Wednesday of the month for inclusion in the agenda. CJ f/~ \ ~ b P g3 MUNICIPALITY OF NEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: hgl3NlC3PALIT'i OF WEST FLI-1 gECfRVER I7r ADDRESS: PHONE: t c 2. LOT CONCESSION ACREACE OF TOTAL PARCEL: ~ 7 `1 3. PARCEL TO BE SEVERED: ACREAGE FRONTAGO 4. ACREAGE TO BE RETAINED: DEPTH 6e 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL - SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO VIA WHEN WAS DWELLING CONSTRUCTED? (YEAR) IS THE DWELLING STRUCTURALLY SOUND &~ABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES NO WHERE IS YOUR PRINCIPLE RESIDENCE?U MUNICIPALITY G~` s5 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? 7. OTHER COMMENTS: ~y DATE `y/ }T SIGNATURE f~~~,~ ,ter r NOTE: There is no charge for the first time Council reviews a proposed severance application. The fee for additional reviews and re-submissions by Council is $100.00 per instance. If you wish to attend the council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council at their meeting held on the 4th Thursday of each month. Please submit this application by the 3rd Wednesday of the month for inclusion in the agenda. V ~~r A IY N 46' 31' 30° E f3BA0' INST. NO.E377650 E323633 & SE17 SIS(1130) Z ~ ~ o ~ ~ { mp ov eu+K ~ t o w PI N 351 04-0185(LT) NPIN 351 04-01 88(LT) ~ R: °z z ~3 3 F , ~u o 0O u z P) OD zz ® (INST. NO. E122116 & SE1) - ® N 466' 31. -EiB Z r ° WOODEN ` SLQQ___-- - ~ ~ RE WIVING WALE. f t , _n a 10P O IB 66.00• WST: NO. E323633 & MEAS 138,00' (INST. NO E377650 & SET) t" Ts) 4 1 f \ N 46'-,31' 3 E 204.00=. ~ TOP OF BANK ob O {{j~; r.f J~ N \ {1 4\ W ~ Y \ co rc; ~j z INST. 00. 25981 z ..z LIMrr OF DOUGLAS STREET io V a rrJ BY PLAN 1 fR-2456 SIB (88 4 \7 INS 0 0 11 \ 3 ' \ cy P 1 3 1\0. 4 - 0.2 3 7 •(R) a M ST N 99---=--- - o W \ ED LIM w I o INST. 465 EM) 6ftl~~yA1( \ 0 CL to ,MSS) i I \ o z R LINE, (5 `m l z ~ 'ti 5D, \ ,`71:47 ; r o - t-~ fl ; ~ ~ N 2 \h(7 It SMORE PROTECTION o i $ GRAVEL DRIVEWAY_ K CON 3 I~ i , iB (886) to o c (WIT) M 1 lg k-9 INST. NO. 15465 (REM) 11F z x +ca7 z too o WATER'S EDGE APRIL 30,200$ m w ion iy 14-wi LA KE ERIE I- 4' 1 ~,ni J Pianmrs Ific. 1~ii10GiG5v:{ Couney Ridding J :i i'iC3~Cu 7ryrv.at odor' 'r 7 .,....t''.,. i 21 May, 2009 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Haiwa n.... "il'•i i. . S %xo BF #000811719 SUBJ: Proposed Severance - Peter Fleuren - 21079 McDougall Line - Part of Lot 3, Concession VI - south side of McDougall Line - east of Blacks Road 1. Purpose to create a lot out of a 20.2 hectare (50 acre) parcel for the purpose of disposing a surplus farm dwelling; • the lands being conveyed (Figure 1) have a frontage of 54.6 metres (179 ft), a depth of 122.2 metres (401 ft) and an area of 6,672 square metres (1.6 acres). The parcel is occupied by an older single unit dwelling (erected circa 1900) and a driveshed. No change in use is proposed. The owner recently purchased the farm on April 1, 2009; • the lands proposed to be retained have a frontage of 343 metres (1,125 ft) on Blacks Road, a depth and flankage along McDougall Line of 545 metres (1,789 ft) and an area of 19.6 hectares (48.4 acres) The parcel is without buildings or structures (a shed having recently been removed) and has been cleared extensively for agricultural purposes with the exception of the Fleming Creek Drain situated in the northwesterly corner of the farm. No change in use is proposed; • neighbouring lands comprise a mix of agricultural use, primarily cash crop, interspersed with small woodlots and scattered residential lots. No intensive livestock operations have been identified in the vicinity of the proposed lot. 2. Provincial Policy Statement PPS and Official Plan • in prime agricultural areas, the creation of a lot for the purpose of disposing a residence surplus to a farming operation is permitted by the PPS. A surplus residence is defined as an existing farm residence that is rendered AIR PHOTO Peter Fleuren 21079 McDougall Line Part of Lot 3, Concession VI Municipality of WEST ELGIN ZONING 1 4 v Al AGRICULTURAL RR3 RURAL RESIDENTIAL THREE li• .f : Y 4 7 '16 Y i CONCESSION V ; 7' .z MCDOUGALL LINB a 54.6 m' j- 1_ - - - - - - - - - - - - - - y4 ~ r 1 672 m 2 6 m4g reek F?raiit' , ( 1.6 ac.} a s ,r ~ z I 1:,. ~ . ^_r. 1 shed removed ~r CONC VI ESSION 19.6 ha yl jjf~,,} ; •opl , - (48.4 ac.} 'I 'LOT 3 LO f ` 1 T 2 LOT 4 :t (t _ i V 1 Al Y~ RR3 11 ~ ~G ~ t iv{ t Y ~ L LANDS PROPOSED TO BE CONVEYED Ir r r . r L I LANDS PROPOSED TO BE RETAINED OD SCALE 1: 5,000 Metres 0 30 60 120 180 240 ~f 3f1i~~l l Peter Fleuren - Proposed Severance Municipality of West Elgin May 21, 2009 page 2 #0008/1719 surplus a result of farm consolidation. Farm consolidation is defined by the PPS as: the acquisition of additional farm parcels to be operated as one farm operation. In this instance, the dwelling on the lands being conveyed is considered surplus to the needs of the recent purchaser (Peter Fleuren), whose principle residence (and home farm) is located at 20591 McDougall Line. Mr. Fleuren has advised that he owns seven other farms elsewhere in the Municipality amounting to approximately 243 hectares (600 acres) and presently farms the lands being retained; the PPS requires that residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. Such a restriction is appropriately addressed as a condition of consent, if granted, through the application of a 'site-specific' zoning consistent with past practice in the Municipality. The application would be consistent with the PPS; • the subject lands are designated, in part, 'Agricultural' and `Aggregate Resources' in the Township of Aldborough Official Plan. A small area adjacent to the Fleming Creek Drain is subject to the 'Hazard Lands' constraints of the Plan. The boundaries of the land use designations on Schedule 'A' to the Plan are to be considered as approximate (Section 7.7.1); • the creation of residential lots to dispose surplus farm dwellings is permitted provided: a) the dwelling was in existence prior to adoption of the Plan; b) it is not practical or feasible to relocate the dwelling to an existing vacant lot; c) the dwelling is structurally sound and suitable for human occupancy; d) the remainder of the farm is zoned to prohibit a dwelling (Section 2.1.15). • the abovenoted criteria are satisfied or are capable of being satisfied. With respect to item b), re-location of the dwelling is not considered practical by the owner and requiring its re-location would not serve any justifiable purpose. The owner has advised that the dwelling is structurally sound and has up until recently been rented [item c)]. He would prefer to sell the dwelling than continue as a landlord. His interest is with the workable farmland; yA rJ-11 "'t 'V n Peter Fleuren - Proposed Severance Municipality of West Elgin May 21, 2009 page 3 #0008/1719 • other criteria to be satisfied include compatibility with surrounding lands use, availability of water supply, suitability of the lot for on-site sanitary waste disposal, access and compliance with the Zoning By-law. Access to the lands being conveyed is available from McDougall Line and no additional entrance is required or proposed. The lands being retained have access to both McDougall Line and Blacks Road. With respect to sanitary waste disposal, confirmation will be required to ensure that the existing septic tank and tile field system is wholly contained on the proposed lot which, based on the sketch (preliminary survey) provided, appears to be the case. This matter is determined by the CBO and is appropriately addressed as a condition of consent, if granted. Conformity with the Official Plan appears capable of being maintained; the size of the proposed lot, at 6,672 square metres or 1.6 acres, is large for rural residential purposes but not unreasonably so insofar as the proposed lot boundaries take into account the setback of the dwelling and shed from the road, the on-site water supply and sanitary waste disposal system, and the location of the driveway serving the dwelling. The loss of agricultural land has been minimized. 3. Zoning By-law • the subject lands are zoned Agricultural (Al). The proposed residential lot (i.e. lands being conveyed) would require a re-zoning to Special Agricultural (A2) given its use and size. The lot would satisfy the minimum lot area, maximum lot area and minimum lot frontage requirements (4,000 sq m, 1.0 ha and 50 m respectively) of the A2 zone. Based on the preliminary survey submitted, all other yard and setback requirements of the A2 zone are capable of being satisfied; • the lands being retained would satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m respectively) of the Al zone. A re-zoning to `site-specific' Agricultural (A14) would be required to prohibit a dwelling being erected on the parcel in the future as stipulated by the PPS and the Official Plan. 4. Conclusions • the proposed severance would represent a type of lot creation which is both contemplated and permitted by the Provincial Policy Statement (PPS) and the Township of Aldborough Official Plan. The Official Plan provides for the creation of lots occupied by dwellings considered surplus to the farm operation and suitable for habitation. All l L3 i 6ev81fr.f Peter Fleuren - Proposed Severance Municipality of West Elgin May 21, 2009 page 4 #0008/1719 There is no particular stipulation in the PPS regarding when or under what circumstances ownership of the farm occurs, only that the acquisition of additional farm parcels to be operated as one farm operation is taking place. Based on the information provided, a legitimate surplus farm dwelling scenario exists. 5. Recommendation That the proposed consent by Peter Fleuren be supported subject to the following conditions and the Elgin Land Division Committee advised accordingly: i) That the requirements of the Municipality, if any, are satisfied with respect to the existing on-site sanitary waste disposal system serving the dwelling on the lands being conveyed; ii) That the lands being conveyed be re-zoned to Special Agricultural (A2) to permit their size and use for residential purposes; iii) That the lands being retained be re-zoned 'site-specific' Agricultural (A 1-#) to prohibit the erection of a dwelling thereon in the future. REASONS The severance is 'consistent with' the Provincial Policy Statement; ii) Conformity with the Official Plan of the Township of Aldborough would be maintained; iii) The requirements of the Township of Aldborough Zoning By-law are capable of being satisfied; iv) The matters set out in the Planning Act would be satisfied; v) A legitimate surplus dwelling scenario would appear to exist. Ted L. Halwa, MCIP, RPP ~T fSS„fiGtPGi4'?'Y tili-', a"E r€.- w [ € i MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: rm l l;v- G-2-0-u5 C 1. PROPERTY OWNER: NAME: ACe/? A'lecui4eA? zrr~~i t'd~t fb~•t r~C( ADDRESS: WC. Z o.S-Cj I PHONE: Jr-1 2 - 7CVS_01002_ 2. LOT 3 CONCESSION 6 ACREACE OF TOTAL PARCEL: .5-0 3. PARCEL TO BE SEVERED: ACREAGE/ b/ ar-rt5FRONTAGE 17rq . DEPTH 4. ACREAGE TO BE RETAINED: t 5"0 GEC Me 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL - SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO WHEN WAS DWELLING CONSTRUCTED? ± / 90 O _ (YEAR) IS THE DWELLING STRUCTURALLY SOUND & SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES k- NO WHERE IS YOUR PRINCIPLE RESIDENCE? ,W,e pain' M11z""e MUNICIPALITY e 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? 7. OTHER COMMENTS: DATE A~ - 3- SIGNATURE NOTE: There is no charge for the first time Council review roposed severance application. The fee for additional reviews and re-submissions by Council is 100.00 per instance. If you wish to attend the council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council at their meeting held on the 4'h Thursday of each month. Please submit this application by the 3`d Wednesday of the month for inclusion in the agenda. KEY.- FLAbj NTS MCDOUGAL LINE ROAD ALLOWANCE BETWEEN CONCESSIONS 5 A 9 179.00 379.00' 1293.68' F ly CORNER NWIy LIMIT OF LOT 3, CON. 6 N'ly CORNER OT 3, CON. 6 o p LOT 3, CON. 6 h O O PARCEL TO i BE CONVEIYQ Area 1 65 Acres i u . 179.00' o Co -H 117. 3, -H ir 21 PARCEL M BE RETAINED Area 50 Acres t .7 m W PIN j etj--0154 z z c l) in 1966' t UNE BETWEEN NW 1/4 & SE 3/4, LOT 3, CON. 6 r V t~ i i i I t i i I ti LMBERI®L DISTANCE SHOWN ON THIS PLAN ARE IN FEET AND MAY BE CONVERTED TO METRES BY MULTIPLYING BY 0.3048 ADDRESS: 20179 McDOUGALL LINE PIN: 35106-0154 16-Apr-09 DATE ■ LEGE DENOTES SURVEY MONUMENT FOUND ND RI DENOTES REGISTERED INSTRUMENT E) DENOTES SURVEY MONUMENT PLANTED DP DENOTES DEPOSIT PLAN SIB DENOTES STANDARD IRON BAR CON DENOTES CONCESSION IB DENOTES IRON BAR D DENOTES DEED CC DENOTES CUT CROSS PIN PARCEL IDENTIFICATION NO. SM DENOTES STONE MONUMENT (U) DENOTES UNKNOWN ORIGIN CM DENOTES CONCRETE MONUMENT (1239) R.W. BARRY, O.L.S. Wit DENOTES WITNESS (MTO) MINISTRY OF TANSPORATION RP DENOTES REGISTERED PLAN P DENOTES PLAN mess DENOTES MEASURED M ~+s h q UA C. a w z ~r+ V J SKETCH PART OF LO GEOGRAPHIC MUNICIPALIT' SCALE 1 in. McD®l1GALL LINE ^.:_:_;~:..::c.:. . ;r;~,r;~ IB rQ, SIB 9 N 48'11'40' E 495.29' ly CORNER IT 3, CON. 6 0 v, r N 48°1 i °40' E 0 N N M ML TO -BE RETAINED 0 35.4' N a0 T WELL Z PARCEL TO BE CONVEYED Area 1.65 Acres 12.0' SHED 12.6' I6 N 48°11'40" E M M r© 1 I I L__J 2 5 ' " 17.00' _ . N 48"11 40 E 1293.68' SIB (M TO) ' N ly CORNER f 1 I LOT 3. CON. 6 I I I I I b O f I I O I d- I <<; I 1 b z ' ~U V AERIAL z HYDRO - LINE PARCEL TO BE R ETAINED o ~ I ~ I I z I w I W m (w I J 04 \i 74,6' I 00 I I + SEPTIC TANK i z I l Approx Location I 3.4 I 179.00' ------a-J 'B ARCEL TO BE RETAINEI BABY WD SURVMG 3, CONCESSION 6 65 ADELAIDE STREET SOUTH b1s CHATHAM, ON, N7M 4R1 DWNSHIP OF ALDBOROUGH PHONE (519) 354-5880 FILE NO )F WEST ELGIN, COUNTY OF ELGIN FAX (519) 354-5212 09012 E-Mail barryoonsulUngg2uracorn:com 6~ft. CAD FILE 0 10 20 50 100 FEET O COPYRIGHT 2009 090125 Ottawa Confederation Bldg, Room 142 Ottawa, ON K1A OA6 Tel: (613) 990-7769 Fax: (613) 996-0194 www, joeprestonmp.ca Monday, April 6, 2009 Joe Presto% NT EC in-Mddfesex London TO: The Municipality of West Elgin RE: Gas Tax Fund Constituency 24 First Avenue, Unit 2 St. Thomas, ON N5R 4M5 Tel: (519) 637-2255 Fax: (519) 637-3358 Toll Free: 1-866-404-0406 RF!CQIVii; Z~I API 14 X009 On April 1St, the federal Gas Tax Transfer to support better municipal infrastructure doubled to $2 billion annually. The Gas Tax Fund (GSF) will remain at that level beyond 2414, when the Government makes it a permanent measure, providing Ontario municipalities with stable and predictable funding for their longterm infrastructure priorities. Accelerating the first payment of the Gas Tax Fund by almost three months, the federal government is making up to $1 billion available to municipalities almost three months early. I am pleased to announce that the Municipality of West Elgin will receive $177, 542. I will be visiting your area on Tuesday, April 14th in the afternoon to make this announcement and request that members of your council or administration participate in the event. Please contact my assistant Karen to schedule a time. Thank you for your participation. Sincerely, Joe reston mber of Parliament -Middlesex-London 519-637-2255 www.Ooe.prestonm.p.ca 0) 1+1 A3 Mayor Graham Warwick West Elgin May 10, 2009 Dear Mayor Warwick, .i 1 Further to your comments in the Chronicle of Thursday past regarding attracting economic activity to West Elgin 1 would like to point out that there is a resource close at hand that may help. The two abandoned rail lines would make an ideal bicycle trail or nature walk. Close to London, St. Thomas and Chatham the trail could attract cyclists, nature lovers and hikers to the West Elgin Region. The trail could start in Talbotville and move west towards Chatham or even Windsor. Add historical sites, century farm plaques, wetlands, Carolinian forest trails and secondary routes to beaches, campgrounds and trailer parks, a trail of this magnitude could attract entrepreneurs and tourist activity to the area. A similar trail exists along Georgian Bay, which connects the towns of Meaford, Thornbury and Collingwood. Located along the trail are retail outlets and souvenir shops, refreshment stands, rest centers and accommodations. The trail could eycn include horseback riding and motorized vehicles such as ATC's or snow mobiles. Special events, races, tours and scavenger hunts could be planned to promote their use and advertise the communities nearby. Passing through the downtown core of both West Lorne and Rodney visitors might be encouraged to stop and experience the small town atmosphere that these communities have to offer. A bicycle trail could act as a link to the proposed development plans of Port Glasgow and encourage both day and weekend travelers. The potential is there to showcase a four season attraction and promote new investment into the West Elgin area. Kindest rej Peter. ansell, Landscape Architect PO Box 620, West Lorne, ON NOL 2PO MUNICIPALITY OF CHATHAM-KENT CIO STOREY SAM W AYS PLANNING LTD 330 RICHMOND STREET. - SUITE 204 - CHATHAM, ONTARIO - N7M 1 P7 11!,' - _,z.,,5s A,COMMUNITY DEVELOPMENT AND PLANNING SERVICES %,u- c3,..,,r ti TELEPHONE: (519) 354-4351 FAX: (519) 354-4298 _t RENEWABLE ENERGY SYSTEMS CANADA INC. (Hansen 4 4384) NOTICE OF PUBLIC MEETING TO CONSIDER PROPOSED ZONING BY-LAW AMENDMENTS TAKE NOTICE that the Municipality of Chatham-Kent has received applications for 1) an amendment to the official plan for the former Township of Howard under Sections 17 and 22 of the Planning Act, R.S.O. 1990, cT.13, as amended, and 2) amendments to the zoning by-laws for the former Townships of Howard and Orford under Section 34 of the Planning Act, all of which are to facilitate a wind power project, known as the TALBOT WIND FARM, proposed by RENEWABLE ENERGY SYSTEMS CANADA INC. (RES), and set out more particularly below: 1. Flit! No. D-28 HO/103108/R, OPA 410 - concerning the site-specific re-designation and rezoning of 12 parcels of land to facilitate the construction of 20 wind turbines in the former Township of Howard and as indicated on the Key Map (opposite side). 2- File No. D-14 OR/261081R - concerning the site-specific rezoning of 19 parcels of land to facilitate the construction of 23 wind turbines in the former Township of Orford and as indicated on the Key Map (opposite side). AND TAKE FURTHER NOTICE that the Council of the Municipality of Chatham-Kent will hold a public meeting on Monday, June 15, 2009, at 6:00 p.m., in the Council Chamber of the Civic Centre (2o° Floor), 315 King Street West, Chatham, to consider all of these applications. RENEWABLE ENERGY SYSTEMS CANADA INC. (RES), a successful participant in the R.E.S. III Request for Proposals competition of the Ontario Power Authority, proposes to construct 43 wind turbines on 31 parcels of land in what is referred to as the TALBOT WIND FARM, located within the former Townships of Howard and Orford on the sites noted above and described in the Key Map (opposite). This project will generate up to 99 megawatts of electrical power per year. The turbine proposed is the Siemens SWT-23.101 model which has variable pitch blades with a rotational diameter of 10I metres. The turbines are 130.5 metres in height measured from ground level to the tip of the blade in its upright vertical position. The Official Plan amendment will introduce site-specific policies permitting wind farms in the former Township of Howard subject to certain conditions. The former Township of Orford does not have an official plan. The site-specific Zoning By-Law amendments will implement the new official plan policies and permit the turbines subject to certain setback requirements on those sites where the turbines are actually proposed. The subject lands are also subject to site plan control. It should be noted that Renewable Energy Systems Canada Inc. has recently completed a study known as an Environmental Review Report (ERR) to fulfil its requirements under Federal and Provincial legislation, and in particular the Ontario Environmental Assessment Act. ANY PERSON may attend the public meeting and/or make written or verbal representation in support of or in opposition to these proposals. Those who wish to address Council respecting any of these matters are requested to notify the undersigned by telephone prior to the meeting. ALL PERSONS RECEIVING NOTICE of this meeting will receive a Notice of Passing of a By-law, if approved, including appeal procedures. Any other person who wishes to receive a Notice of Passing or a Notice of Council's decision in respect of the proposed applications must submit a written request to the Municipal Clerk, Municipality of Chatham-Kent, Civic Centre, 315 King Street West, Chatham, N7M 5K8. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Corporation of the Municipality of Chatham-Kent in respect of these applications, does not make oral submissions at the public meeting or make written submissions to the Corporation of the Municipality of Chatham-Kent before the proposed zoning by-laws are adopted, then the person or public body is not entitled to appeal the decision to the Ontario Municipal Board and may not be added as a party to the hearing of an appeal. ADDITIONAL INFORMATION relating to all of these applications is available for inspection at Storey Samways Planning Ltd, or in any of the municipal service centres, during normal business hours. We cannot guarantee the exact time the applications will be considered by Council as the time varies depending on the number of items on the agenda and the complexity of each application brought forward. KEY MAP RES TALBOT WIND FARM v o • LL vY a r ` Z N U) O SS z a a w a LLI . J - d w L tY c °e~y0 _ YQe ~ fl ~ S as a e a W in 3s / ~yp0 d~g~ all a ~ W y x- 3 o W r C L a W o 0/ ~ H QPe9 W p•. • e~y~` r°-'/ors ' o a 9 F E r / . • ¢40 Nl PO F F• r F• r o ~ • W 64 F~ ~ J ` y 0 ¢eo r, ~ \ PdP J~, a \ ~a3~ ~ Q ° x z)~ 'alb e~ eS ~ ~ a a a~. ~ s d' rH 0.Cy Jam rf 4 'I ¢ ~yd { ~ t O O H) Y~ F` O 1 4., ~~y P~ ~ 4 3 / • P~ ®eV DATED at the Municipality of Chatham-Kent this 22"° day of May, 2009 Storey Samways Planning Ltd. 330 Richmond Street Suite 204 Chatham, Ontario N7M 1P7 Phone: (519) 354-4351 Fax: (519) 354-4298