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September 24, 2009MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING SEPTEMBER 24, 2009 Council Chambers, West Elgin Municipal Building DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA DELEGATIONS: 9:30 a.m. Tony Santos re: proposed severance (B1 B2) 1:30 p.m. Monica Pelcz, Rural Development Officer (C8b) 2:00 p.m. Lloyd Jarvis, Water Superintendent re: Backflow Prevention (C4a) PLANNING: (B1 -B10) 1.* Proposed severance Pioneer Line (Santos) 2.* Proposed severance Ridge Street (West Lorne Holdings) 3.* Proposed severance Lots 21 -22, Concession 12 (Statkevicius) 4.* Kintyre Church 5.* 25873 Queens Line 6. West Lorne Heritage House draft site plan 7. First Impressions report 8.* MMAH comments re: Seaside Development pre consultation report 9.* Seaside Developments application to close a portion of road allowance (Havens Lake Road) 10. Community Improvement Plan update REPORTS: (C1 -C8) 1. ROADS 2. RECREATION Sept. 24, 2009 Page 2 3. BUILDING 4. WATER a) Backflow Prevention Procedures b) Water connection Downie Line Memorial Forest (roll no. 070 -052) 5. BY -LAW ENFORCEMENT 6. DRAINS a) `Quotation for Mumford Drain Maintenance b) *Quotation for No. 2 Drain Maintenance 7. WEST ELGIN PRIMARY SYSTEM 8. ADMINISTRATION a) LAS agreement b) RDO position grant EXPO budget c) WTP Plant Tours ACCOUNTS CORRESPONDENCE: (D1 -D5) 1. County of Elgin Land Division Committee notice of decision El 1/09 (Roelofs) 2. County of Elgin Land Division Committee notice of decision E12/09 (Roelofs) 3. County of Elgin Land Division Committee notice of decision E47/09 (Staddon Estate) 4. County of Elgin Land Division Committee notice of decision E49109 (McLeod) 5.* Notice of 2009 Ontario West Municipal Conference November 25 26,. London Sept. 24, 2009 Page 3 BY -LAWS: By -law No. 2009 -66 By -law No. 2009 -67 By -law No. 2009 -68 By -law No. 2009 -69 By -law No. 2009 -70 OTHER BUSINESS: (El) 1. Closed session, legal matter *Information enclosed CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS October 8, 2009 October 19, 2009 October 22, 2009 Amend By -law 2002 -62, Water Department Procedures (Backflow Prevention section 12.0) Amend By -law 2002 -62, Water Department Procedures (Backflow Prevention, add Appendix 'G') Silver Clay Loop Waterline By -law Blacks Road South Loop Waterline Talbot Line Loop Waterline Council Public Meeting re: Class EA for Port Glasgow Trailer Park Sewage System upgrade 7:00 p.m., Rodney Legion Council 18 September, 2009 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa #0008/1749 SUBJ: Proposed Severance Antonio (Tony) Maria Santos 24837 Pioneer Line Part of Lot 17, Concession IX south side of Pioneer Line (County Road No. 2) west of Catherine Street West Lorne 1. Purpose to create two residential building lots out of a larger, vacant parcel comprising an area of 3,703 square metres (0.9 acres); lands proposed to be conveyed have a frontage of 31 metres (102 ft) on Pioneer Line (County Road No. 2), a depth of 49.1 metres (161 ft) and an area of 1,522 square metres (0.4 acres). The parcel is vacant and was formerly occupied by part of a single unit dwelling which was recently destroyed by fire. It is intended that a single unit dwelling be erected on the lands; lands proposed to be retained have a frontage of 35 metres (115 ft) on Pioneer Line, a depth and flankage along Catherine Street of 49.1 metres (161 ft) and an area of approximately 2,180 square metres (0.5 acres). The parcel, similar to the lands being conveyed, is to be developed for the purposes of erecting a single unit dwelling. It was occupied by the remainder of the afore -noted single unit dwelling destroyed by fire; neighbouring uses are characterized predominantly by single unit dwellings extending along both sides of Pioneer Line (County Road No. 2) and along Catherine Street. Potential land use conflicts are not apparent. The lands lie just outside the former corporate limits of the Village of West Lorne to the east; 2. Provincial Policy Statement Official Plan Antonio (Tony) Maria Santos Proposed Severance Municipality of West Elgin September 18, 2009 page 2 #0008/1749 the proposed severance is considered to be 'consistent with' the Provincial Policy Statement (PPS). Permitted uses in 'Rural Areas' (which are outside 'Settlement Areas' and Prime Agricultural Areas') include limited residential development (Section 1.1.4.1). The lands may also qualify as being within a 'Settlement Area' which are intended to be the focus of growth. 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 lots have access to a public road and have access to a municipal water supply; the subject lands are designated `Rural Residential' 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 2.8.3); an adequate, independent and potable water supply is to be available. Connection to the municipal water supply system is available, however, not to the municipal sanitary sewage system. Soils are to be suitable or made suitable for the proper siting and functioning of an on -site sanitary waste disposal system. These matters are capable of being addressed as a condition 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 Pioneer Line (County Road No. 2) is not at its minimum design width in this area. In addition, an entrance permit may be required for the lands being conveyed. It is expected the County will address these matters (where necessary) if and when a formal application for consent is submitted. Under the County Roads Plan, Pioneer Line at this location is a designated 'Collector' and the right of way width set at 20 m (66 feet) to 30 m (100 feet). A minimum setback of 24 m from the centerline for buildings and structures is stipulated by the Plan. 3. Zoning By -law: Rural Residential Two (RR2) the lands are zoned Rural residential (RR2). Both lots would satisfy the minimum lot area and lot frontage requirements (1,400 sq m and 25 m) respectively of the RR2 zone where a piped water supply is available. All Antonio (Tony) Maria Santos Proposed Severance Municipality of West Elgin September 18, 2009 page 3 #0008/1749 other requirements of the RR2 zone appear capable of being satisfied. There is more than adequate space on the lots being created to accommodate a dwelling given the County minimum setback of 24 m (80 feet) from the centre line of Pioneer Line and the 10 m (30 feet) exterior side yard (i.e. the yard facing Catherine Street) stipulated by the Zoning By -law. 4. Conclusions the proposed lots are situated in a designated 'Rural Residential' area where development is permitted to place on partial services. The size of the parcel at 3,703 sq m (0.9 acres) is generous for a built -up area where connection to the municipal water supply is available. The frontages and areas of the lots are generous and compatible with neighbouring lots. Intensification, promoted by the PPS, would be achieved. 5. Recommendation That the proposed consent of Antonio (Tony) Maria Santos be supported subject to the following conditions and the Elgin Land Division Committee advised accordingly: i) That all matters pertaining to connecting the lots to the municipal water supply system be addressed to the satisfaction of the Municipality; ii) That the requirements of the Municipality are satisfied with respect to the adequacy of the proposed building lots to support independent, on -site sanitary waste disposal systems. REASONS i) 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) Two building lots would be created in an area designated and zoned for such purposes. Antonio (Tony) Maria Santos Proposed Severance Municipality of West Elgin September 18, 2009 page 4 (original signed by) Ted L. Halwa, MCIP, RPP #0008/1749 PROPOSED SEVERANCE Antonio Maria Santos 24837 Pioneer Line Village of West Lorne Municipality of WEST ELGIN -m.. 4,.. t..1 LANDS CONVEYED LANDS RETAINED 4 SCALE 1: 1,000 Metres 02.55 10 15 20 25 MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: aJ7 m�r,® Ad+ ADDRESS: Li& 8 e> rwvLT- va joto 1- 04) b� ra;Asts i1/41 PHONE: 51 c/ 66 ,eta y 2. LOT t 7 CONCESSION 7 ACREACE OF TOTAL PARCEL: o 3703 d. 3. PARCEL TO BE SEVERED: FRONTAGE '3 eD DEPTH L j t v 4. ACREAGE TO BE RETAINED: 3 c'J :rev to 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO tr WHEN WAS DWELLING CONSTRUCTED? N/A (YEAR) 1S THE DWELLING STRUCTURALLY SOUND SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES NO V' WHERE IS YOUR PRINCIPLE RESIDENCE? 1 6 t o ueub MUNICIPALITY i_omta�� 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? �L I Ca �L�� we 10 [S 7 OTHER COMMENTS: DATE .6) o SIGNATURE MUNICIPALITY OF WFSY ELGIN RECEIVED 8 2009 i 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 3 Wednesday of the month for inclusion in the agenda. L 1 t..3! PI (leis fir, 21 September, 2009 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa #0008/1758 SUB.': Proposed Severances West Lorne Holdings Ltd. (Tony Santos) Lot 64, Plan 199 west side of Ridge Street south of Elm Street Village of West Lorne 1. Purpose: to create six residential building lots out of a vacant parcel comprising an area of 6,800 square metre (1.7 acre) situated at the westerly end of Chestnut Street in West Lorne. Based on a sketch prepared by AGM Surveyors (dated 29 July /09), the proposed building lots would comprise the following dimensions: `Lot' A B C D E F Lot Area 803.4 sq m (8,648 ft 728.7 sq m (7,844 ft 712.5 sq m (7,670 ft 696.5 sq m (7,497 ft 1,249.4 sq m (13,449 ft`) 756.8 sq m (8,146 ft Lot Frontage 22 m (72 ft) 20 m (66 ft) 21.4 m (70 ft) 17 m (56 ft) 18.4 m (60 ft) 27.1 m (89 ft) the proposed lots would have access on a new street to be created west of Ridge Street in line with Chestnut Street lying east of Ridge Street. Construction of the road to municipal standards and its opening and assumption as a public road would be required. Extension of the municipal piped water supply system, municipal sanitary sewer system and other utilities would be required. The approval of the MOE would be required with respect to extension of the municipal piped water supply system and municipal sanitary sewer system; West Lorne Holdings Ltd. (Tony Santos) Proposed Severances Municipality of West Elgin September 29, 2009 page 2 the subject lands have previously been proposed for residential purposes. A proposal by Southridge Developments in 1994 and a proposal by CTX Homes in 1998 to erect townhouse dwellings on the parcel has since been abandoned. More recently in 2004, the owner proposed the creation of three residential lots fronting on Ridge Street a proposal that was not supported by Council. 2. Provincial Policy Statement Official Plan #0008/1758 the relevant matters of the Provincial Policy Statement (PPS) have been reviewed. Under the Housing policies of PPS, it is stated that: Provision will be made in all planning jurisdictions for a full range of housing types and densities to meet projected demographic and market requirements of current and future residents of the housing market area by encouraging all forms of residential intensification in parts of built-up areas that have sufficient existing or planned infrastructure to create a potential supply of new housing units available from residential intensification (Section 1.2.1 d) the subject lands lie within the built -up area of West Lorne where the proposed building lots would have access to municipal services. Development of the lands for residential purposes would constitute a logical extension of existing development. Additional building lots would be made available in West Lorne where the current supply is low. Consistency with the PPS appears capable of being established; subject lands are designated 'Residential' in the Village of West Lorne Official Plan. Lot creation for the purposes of single unit dwellings is subject to criteria with respect to compatibility with neighbouring uses, adequacy of facilities and services, appropriate drainage and access to a public road. While the proposed building lots would appear capable of satisfying these criteria, of equal or greater significance in evaluating the severances being proposed relates to the following policies: A land severance shall only be granted if the purpose for which the lands which are the subject of the land severance are to be used are in conformity with this Plan and the provisions of the Village's Zoning By -law, and when it is clear that a plan of subdivision need not be registered (Section 6.7.1) Land severances shall only be granted where the undue extension of any major service would not be required (Section 6.7.2 a) Land severances shall only be granted when the land fronts on an existing public road which is of a reasonable standard of construction.... (Section 6.7.2 c) the creation of six lots on a proposed (as opposed to existing) public road where an extension of services is required would not be in conformity with the Official Plan. A plan of subdivision is considered necessary. West Lorne Holdings Ltd. (Tony Santos) Proposed Severances Municipality of West Elgin September 21, 2009 page 3 3. Zoning By law: `Residential Third Density Holding' #000811758 the subject lands are zoned Residential Third Density Holding (R3 -H). A re- zoning to Residential First Density (RI) would be required. All lots would satisfy the minimum lot area and lot frontage requirements (580 square metres and 15 metres respectively) of the R1 zone. Lots A, B, C D would have less than the minimum lot depth requirement of 38 m (125 feet). With the exception of Parcel D, the remainder of the lots have a depth of 36 m (118 feet) or more. This matter could be addressed in the same amendment required to rezone the lands from R3 to R1; there is only one other undeveloped parcel in West Lorne zoned for multi -unit residential purposes, being a smaller parcel at the end of John Street occupied by an industrial building. While down zoning the subject lands to R1 may reduce existing opportunities for multi residential purposes in the Village, the demand for such accommodation is evidently limited and no proposals for such development from the private sector have been submitted to the Municipality in some time. Meanwhile, West Lorne Heritage Homes has developed 16 units in a multi -unit configuration in the downtown core and is now proposing an additional 16 units as Phase 2 of the project thereby partially meeting the demand for such accommodation and freeing -up units in existing multi -unit buildings in the Village. 4. Site Characteristics Adiacent Land Use the lands are relatively flat and without buildings or structures. There are no natural heritage features present on the lands or on adjacent lands. The lands are not subject to natural hazards although no information has been submitted, as yet, which addresses soil conditions for stability, drainage, contamination or similar potential constraints to development; adjacent lands to the north and east are developed for low density residential purposes. Lands to the south and to the west are largely vacant (being cultivated) and designated `Residential'. The are no apparent land use conflicts, either existing or likely to develop in the future; the proposed internal road would lie with an 18 m (60 feet) as opposed to a 20 m (66 feet) road allowance. While less than normally accepted standards, 18 m should be sufficient given the length of the street. Chestnut Street to the east appears to have a road allowance width of 15 m (49.5 feet). The road would terminate in a cul- West Lorne Holdings Ltd. (Tony Santos) Proposed Severances Municipality of West Elgin September 21, 2009 page 4 #0008/1758 de -sac. The turning radius needs to be confirmed. There is no compelling need for a second (i.e. emergency access) or reserving a connection to abutting lands; the proposed development has not been accompanied by an engineering study which addresses construction of the road, the installation of services and utilities, soil conditions and storm water management. 5. Conclusions in reviewing the applications, there are a number of issues pertaining to the creation of the proposed lots which are considered best addressed through the plan of subdivision process as opposed to the consent granting process; the Ministry of Municipal Affairs Housing does not impose a limit on the number of lots which may be created by consent (or multiple consents) as opposed to a plan of subdivision. The Planning Act does not stipulate a maximum number of lots that may be created by consent. The County of Elgin Land Division Committee has permits the creation of up to five lots by the consent process; development of the subject lands by plan of subdivision as opposed to consents for single unit dwellings off an internal street is considered necessary for the orderly development of the lands and to maintain conformity with the Village of West Lorne Official Plan; given the number of lots being proposed, where a signification extension of a public road and municipal services would be required, a wider review is considered necessary. A thorough assessment of the proposed development occurs through the plan of subdivision process; while it is acknowledged that multiple -lot creation by way of consent has been approved in the past on a proposed as opposed to existing road in West Lorne, fewer lots were created and the road extensions wera minor (e.g. William Street, Munroe Street). The consent process is not necessarily the appropriate means of lot creation in each and every instance. The subdivision process allows more time to resolve design, servicing and other potential issues and prepare the necessary subdivider's agreement without being subject to the one year lapsing period which consents are subject to; West Lorne Holdings Ltd. (Tony Santos) Proposed Severances Municipality of West Elgin September 21, 2009 page 5 under the Planning Act, a Committee may give or grant a consent only if it is satisfied that a plan of subdivision is not considered necessary for the orderly and proper development of the municipality [Section 53 (1)] and matters have been considered to ensure the health, safety, convenience and welfare of the present and future inhabitants of the municipality (Section 51 (24)). These include: whether the proposed subdivision is premature or in the public interest, whether the plan conforms to the official plan, the suitability of the lands for which it is being subdivided, dimensions and shape of the proposed lots, the restrictions or proposed restrictions on the lands proposed to be subdivided and the restrictions on adjacent lands. 6. Recommendation #0008/9758 That the proposed development by West Lorne Holdings Limited be supported `in principle' subject to the owner proceeding by plan of subdivision as opposed to by consent. Proceeding by plan of subdivision is considered necessary to ensure orderly development and maintain conformity with the Official Plan of the Village of West Lorne. Moreover, the proposed development is considered premature until such time as the necessary studies have been prepared and submitted regarding the proposed street, services and utilities, soil conditions and stormwater management. Ted L. Halwa, MCIP, RPP PROPOSED SEVERANCES West Lorne Holdings Lot 64, R.P. No. 199 RIDGE STREET Village of West Lorne 4 LANDS CONVEYED LANDS RETAINED Municipality of WEST ELGIN p o EXTENSION OF CHESFN T SCALE 1.1,500 metres 0 5 10 20 30 40 50 :.EASE COMPLETE THE FOLLOWING: PROPERTY OWNER: NAME: OTHER COMMENTS: ATE Si/ 131 a MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES W Z? L014.3 x.t7t,u(5 L ADDRESS: Y/. 8e nv s-avL: F ci_o Louo or..)7011.Fr PHONE: 5! S 461 LOT lAy CONCESSION R P el 7 ACREACE OF TOTAL PARCE. PARCEL TO BE SEVERED: AG E- I 41 7 FRONTAGE 4 7 `B S DEPTH 40 8. 8 ACREAGE TO BE RETAINED: REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS DWE:.. IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES N WHEN WAS DWELLING CONSTRUCTED? n� (YEAR) IS THE DWELLING STRUCTURALLY SOUND SUITABLE OR POTENTIALL 413-E, FOR HUMAN OCCUPANCY? YES NO N err 0 a Leo WHERE IS YOUR PRINCIPLE RESIDENCE? 4 1 t a MUNICIPALITY r�. 0 L REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS L io4u3 ivF1Li�uC� sv RovantAt- SIGNA OTE: There is no charge for the first time Council reviews a proposed severance api. additional reviews and re- submissions by Council is $100.00 per instance. If yc council meeting, please contact the Clerk. Proposed severance applications arf. at their meeting held on the 4 Thursday of each month. Please submit this apt. Wednesday of the month for inclusion in the agenda. ,e fee for •c it #end the :,.ved by Council n by the 3r" LYIn 101 ua C ti r 3611 0310 0 J 11111 101 V) O u f 0 3611 133616 111111 101 16611 103 661 cam all ON told 036315036 63311336 9' 986'45 ZZh'49 N w 1- w H Q z 0 0 z Z D N a 0 W a a 0. N 1mn 1 01 n 6- o m 0 W U 1338IS 30018 M.40,4£2 N N 0 (6 a 13 N N n O 0 6611 133615 M.00,£521 -j 101 11611 103 3011 1731115 1-2 0 0 U Z ,do w cc w o0 J m -j 0 N i N (0 W d N z 3 a 2 rw 18 September, 2009 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance Jonas Statkevicius 26076 Talbot Line Part of Lot 21 and part of Lot 22, Concession XII north side of Talbot Line (County Road No. 3) east of Eagle 1. Purpose #0008/1760 to create a lot out of a 50.2 hectare (124 acre) parcel for the purpose of disposing a surplus farm dwelling; the lands being conveyed have a frontage of 70.1 metres (230 ft), a depth of 95.1 metres (312 ft) and an area of 6,667 square metres (1.6 acres). The parcel is occupied by an older single unit dwelling (estimated by the owner to be circa 1880's) and a detached garage. No change in use is proposed. Mr. Statkevicius purchased the farm in 1960; the lands proposed to be retained have a frontage of 380 metres (1,247 ft), a depth of 770 metres (2,526 ft) and an area of 49.4 hectares (122 acres). The parcel, which is without buildings or structures, has been cleared for agricultural purposes with the exception of large portions of woodlands situated towards the rear of the parcel. No change in use is proposed; neighbouring lands comprise a mix of agricultural uses, primarily cash crop, interspersed with woodlands. Rural residential development has occurred to a limited extend along both sides of Talbot Road (County Road No. 3). No intensive livestock operations have been identified by the owner 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 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 Jonas Statkevicius Proposed Severance Municipality of West Elgin September 18, 2009 page 2 considered surplus to the needs of the owner, whose principle residence (and home farm) is located at 22643 Queens Line. Mr. Statkevicius has advised that he presently farms the lands being retained in conjunction with the home farm; 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 the practice of the Municipality in similar situations. The owner is aware of this restriction. The application would be consistent with the PPS; the subject lands are designated 'Agricultural' in the Township of Aldborough Official Plan. 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). #0008/1760 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 and requiring its re- location would not serve any justifiable purpose. The owner has advised that the dwelling is in good condition, being structurally sound and is presently vacant (item c)]. A new roof was installed in 1991 and new windows were installed in 2000. The owner's interest is with the workable land; other criteria to be satisfied by the Aldborough Official plan 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 and retained is available via existing, independent entrances from Talbot Line (County Road No. 3) and no additional entrances are required or proposed. 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 lot proposed to be created which, based on discussions with the owner, appears to be the case. This matter is appropriately addressed as a condition of consent, if granted and thereafter determined by the CBO. Conformity with the Official Plan appears capable of being maintained; the size of the proposed lot, at 6,667 square metres or 1.6 acres, is not considered excessively large for rural residential purposes. The boundaries of the proposed lot have taken into account the setback of the dwelling Jonas Statkevicius Proposed Severance Municipality of West Elgin September 18, 2009 page 3 and garage from the road, the location of the on -site well and sanitary waste disposal system, and the location of the existing driveway. A row of mature trees (white cedars) further defines the proposed lot boundaries. The loss of agricultural land has been minimized. 3. Zoning By -law the subject lands are zoned Agricultural (A1). The proposed residential lot (Le. lands being conveyed) would require a re- zoning to Special Agricultural (A2) given its intended 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 information provided, all other yard and setback requirements of the A2 zone are capable of being satisfied; the lands being retained would readily 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 (A1-#) 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 #0008/9760 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. There is no particular stipulation in the PPS regarding when 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 severance by Jonas Statkevicius be supported subject to the following conditions and the Elgin Land Division Committee advised accordingly: Jonas Statkevicius Proposed Severance Municipality of West Elgin September 18, 2009 page 4 #0008/1760 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 (A1 to prohibit the erection of a dwelling thereon in the future. REASONS 1) The proposed 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. (original signed by) Ted L. Halwa, MCIP, RPP PROPOSED SEVERANCE Jonas Statkevicius 26076 Talbot Line Part of Lot 21 and Part of Lot 22 Concession XII Municipality of WEST ELGIN TALBOTL:INE 70.1 ?in Al AGRICULTURAL RR3 RURAL RESIDENTIAL THREE LANDS CONVEYED 1 LANDS RETAINED 7 4 SCALE 1: 7,500 Metres 0 50 100 200 300 400 MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: 0 n Cl S Cl- ek c�Ar1 C 0'2' V a ae ADDRESS: o 6 `1 �l.l ��h�l �-1} r7 Po Cf n GJ1 PHONE: 6 q 7 S' 5 LO ZI 2. LOT CONCESSION 1 ACREACE OF TOTAL PARCEL: y 3. PARCEL TO BE SEVERED: ACREAGE 1. f FRONTAGE 2j DEPTH 2 4. ACREAGE TO BE RETAINED: 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES t/ NO WHEN WAS DWELLING CONSTRUCTED? 917 (YEAR) IS THE DWELLING STRUCTURA Y SOUND SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES V NO WHERE IS YOUR PRINCIPLE RESIDENCE? &i 6 &13 Q wee S 4,r) Q-- Peon e MUNICIPALITY g,ert �PF 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? 7 OTHER COMMENTS: DATE 1 L i q SIGNATURE .e &cC S l M1dUNidlPRE TY OF WEST ELGIN 3ECEIVEO A U 9 2 4 2009 NOTE: There is no charge for the first time Coun iews 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 4tr, Thursday of each month. Please submit this application by the 3` Wednesday of the month for inclusion in the agenda. Corn rilunIty Tuners inc 18 September, 2009 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa #000811762 SUBJ: Kintyre Presbyterian Church —14036 Blacks Road— Part of Lot 3, Concession V east side of Blacks Road south of Kintyre Line As requested, we have reviewed a letter to the Presbyterian Church of Canada and forwarded to the Municipality from a group referred to as 'Concerned Residents of Kintyre' (dated 27 April 2009) with respect to the abovenoted lands. The concerns arise as a result of the recent closure of the church and its continued vacancy. The group is concerned over the long -term maintenance of the former church and the lands on which it sits. It is also concerned that conversion of the building for residential purposes could lead to deteriorated building and property conditions, as evidenced elsewhere in the area, and the potential for interference with neighbouring farm operations. The group has requested that the church building be relocated to another property or, alternatively, demolished and the lands rehabilitated. Once the property is vacant, the group would like to erect a monument to commemorate the site of the church and commemorate its contribution to the community. It is prepared to bear the cost of erecting the monument and, thereafter, maintaining it. The subject lands comprise an area of 2,110 square metres (0.5 acres) and a frontage of 56 metres (183 ft). Kintyre Presbyterian Church has, until recently, occupied the site for approximately 150 years. On -site parking is situated south of the church. The lands are zoned Institutional (I) in the Township of Aldborough Zoning By -law. Permitted (i.e. main) uses include (but are not limited to) a church, club, community centre and a school. Residential uses in the form of either a dwelling unit or a single unit detached dwelling are permitted under the existing zoning only in the event they are accessory to a main use. To permit the conversion of the church to a single unit dwelling or to allow the erection of a new single unit dwelling as a main use, a re- zoning to Rural Residential Three (RR3) would be required. The parcel constitutes an existing lot Kintyre Presbyterian Church Municipality of West Elgin September 18, 2009 page 2 (original signed by) Ted L. Halwa, MCIP, RPP f'� r.. OITI it i, c #0008/1762 although it would readily satisfy the minimum lot area and lot frontage requirements (1,850 sq m and 30 m respectively) of the RR3 zone. Compliance with other yard and setback requirements of the Zoning By -law are not capable of being determined in the absence of a survey showing the building location. Buildings and structures erected, however, before the adoption the Zoning By -law are deemed to comply with the yard and setback requirements of the By -law. In evaluating any application for re- zoning of the subject lands to permit its use for residential purposes (assuming this is what may be forthcoming from the Presbytery or a future owner), consideration should be given to the adequacy of a potable water supply, soil and site suitability for an on -site waste disposal and compliance with MDS (in particular to the northwest where lands appear to be occupied by livestock buildings). The condition and siting of the building and its suitability for conversion to residential purposes could also be addressed at the rezoning stage. Demolition of the church would only be subject to a demolition permit. A monument would, however, qualify as a 'structure' and, therefore, be subject to the applicable provisions including setbacks of the By -law. With respect to issues raised regarding on -going maintenance of the property and its potential degradation over time, this matter is best addressed by the Municipality's Property Standards and Occupancy By -law and Cleaning and Clearing of Land By -law if it becomes an issue. Kintyre Presbyterian Church 14036 Blacks Road Part of Lot 3, Concession V SKI TYRE: LINE MI SUBJECT LANDS Municipality of WEST ELGIN 0 SCALE 1: 2000 Metres 0 12.5 25 50 75 100 18 September, 2009 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa #0008/1757 SUBJ: Karl M. Robinson 25873 Queens Line Part of Lot 21, Concession VIII south side of Queens Line As requested, we have reviewed the letter to Council from Edward Clara Zelnak (dated 11 August 2009) with respect to the abovenoted lands. The submission to Council makes reference to the 'Robinson- Baptista property', although the ownership according to municipal assessment records is 'Karl M. Robinson'. The Zelnaks have advised Council that they and their neighbours have concerns with respect to a dirt bike track (otherwise commonly referred to as a 'motocross track') being operated on the property. It has been suggested that the track is operated as a commercial venture and is, therefore, in violation of the Zoning By -law. Other concerns expressed include the number of unlicensed vehicles operating on the road, public safety, disruption of the public peace, diminished enjoyment of property and loss of property value. The issue of potential impacts on an abutting provincially significant wetland (Heron Woods) has also been raised. The subject lands comprise an area of 3.3 hectares (8 ac) and a frontage of 190 metres (623 ft). The parcel is occupied by a single unit dwelling and various farm buildings and structures. The dwelling is in the process of being renovated. The 'track' is situated adjacent to Queens Line west of the driveway serving the dwelling. The subject lands are zoned Agricultural (A1) in the Township of Aldborough Zoning By -law. Permitted uses include an agricultural use, riding school, forestry use, home occupation, single unit dwelling, bed and breakfast establishment and an accessory use. Commercial uses, unless they otherwise qualify as a home occupation or as a bed and breakfast establishment, are not permitted. We have discussed the use of the bike track with the owner, who has advised that the track is strictly a recreational activity engaged in by members of the family and a few friends. It is not, he maintains, being used (nor does he intend to use it) for commercial purposes or sponsored events. The flags on the property suggesting corporate sponsorship are, according to Mr. Robinson, erected to make the track appear more authentic. Karl M. Robinson Municipality of West Elgin September 18, 2009 page 2 #0008/1757 Based on our site inspection and discussion with the owner, we are satisfied that the use qualifies as an `accessory use' defined in the Zoning By -law as a use that is incidental, subordinate and exclusively devoted to a main use ....and that is located on the same lot therewith.....(Section 2.2). On this basis, there is no apparent contravention of the Zoning By -law with respect to the use. The subject lands abut a provincially significant wetland (`Heron Woods') to the west. The Lower Thames Valley Conservation Authority regulates or otherwise prohibits development within the wetland, or within 120 m of the wetland, under the Regulation of Development, Interference With Wetlands And Alterations to Shorelines And Watercourses. The Conservation Authority is responsible for enforcing this regulation. The Authority has evidently visited the site and sent a letter to the owner. The Township's Zoning By -law does not specifically regulate and use in wetland areas. With respect to issues raised regarding noise, this matters is best addressed by the Municipality's noise by -law. If there is sufficient reason to address nuisance issues (e.g. raising of dust, disruption of the public peace), the Municipal Act empowers municipalities to adopt by -laws to prohibit or regulate public nuisances. Regarding concerns with respect to road use and safety, this is a police matter under the Highway Traffic Act or similar legislation. The submission made by the Zelnaks requests consideration be given to what, in effect, would be a nuisance by -law and to request the OPP to provide more regular patrols. If Council so directs, we could assist further by investigating the adequacy of the Municipality's current noise by -law. We could also investigate the scope and enforcement implications of a possible by -law regarding public nuisances to address specific elements regarding the operation of 'motocross' or dirt tracks for personal use. (original signed by) Ted L. Halwa, MCIP, RPP Robinson Baptista 25873 Queens Line Part of Lot 21, Concession VII QUEE QUEE NSUNEY Al AGRICULTURAL A2 SPECIAL AGRICULTURAL C:=I SUBJECT LANDS Municipality of WEST ELGIN SCALE 1: 3000 m===■=i■Metres 0 20 40 80 120 160 Ministry of Municipal Affairs and Housing Municipal Services Office Western 659 Exeter Road, 2 Floor London ON N6E 1L3 Tel. (519) 873 -4020 Toll Free 1 -800 -265 -4736 Fax (519) 873 -4018 August 7, 2009 Mr. Laverne Kirkness Kirkness Consulting Inc. 1647 Cedarcreek Crescent London, ON N5X 008 Re: Dear Mr. Kirkness: Ministers des Affalres municipales et du Logement Bureau des services aux municipalites region de I'Ouest 659, rue Exeter, 2 stage London ON N6E 1L3 Tel. (519) 873 -4020 Sans frais 1 800 265 -4736 Telec (519) 873 -4018 Pre consultation Report Port Glasgow Community Seaside Waterfront Inc. March 2009 Municipality of West Elgin Our file no: 34 -DP- 4035 -09001 eg Ontario This is further to a meeting held May 1, 2009 and the submission of a pre consultation report for the Port Glasgow community in West Elgin dated March, 2009 to support the development of a draft plan of subdivision and amendment to the Zoning By -law located on part of Lot 6, Concession 14, geographic Township of Aldborough, Municipality of West Elgin. The proposed development includes two draft plans of subdivision on Lot 6, Con. 14. Phase 1 stage 1 includes approximately 113 lots for single detached residences, 100 multiple dwelling units on 17 multi dwelling Tots, and 3000 square meters of commercial floor space located on 2 commercial lots. There would be a total of 213 residential units that would generate approximately 589 residents. It is our understanding from the information in the report that further phases will proceed with future applications. Phase 1, Stage 2 will also be located on Lot 6, Con. 14, and is proposed to be 30 Tots for single detached residential use, 50 multi- residential units and 2000 square meters of commercial floor space. Phase 2 will be located on Lot 5. It is proposed to be 180 lots for single detached residential use, 60 multi residential units and 500 square meters of commercial floor space. Phase 3 will be located on Lot 4. It is proposed to be 175 lots for single detached residential use, 40 multi residential units and 500 square meters of commercial floor space. The total over the three Phases will be 748 residential units generating 2,119 persons and 6,000 square metres of commercial space. The Ministry of Municipal Affairs and Housing (MMAH) has consulted with the following: the Ministry of Natural Resources (MNR), Ministry of the Environment (MOE), Ministry of Culture (MCL), the Ministry of Transportation (MTO), the Ministry of Agriculture Food and Rural Affairs (OMAFRA), Ministry of Natural Resources (MNR), the County of Elgin, the Lower Thames Valley Conservation Authority (LTVCA) and Hydro One. As you are aware, MMAH is the approval authority for Official Plans, Official Plan amendments and plans of subdivision and condominium in the Municipality of West Elgin. The Minister and Municipal Council must have regard to matters of provincial interest as outlined in Section 2 of the Planning Act, and decisions must be consistent with the Provincial Policy Statement (PPS) when exercising their authority under the Planning Act. The proposal has been reviewed by the provincial Ministries under the PPS 2005. The comments submitted to date are set out below. The Ministry of Culture and Hydro One comments will be forwarded when they are available. The Ministry of Transportation advise that they have completed review of the draft plans and advise that as these lands are located well beyond their Ministry's area of permit control and do not impact upon any provincial highways, the Ministry has no comments to offer. The County of Elgin is requesting that a traffic impact study be prepared that should include Furnival Road and Gray Line and Furnival Road and Talbot Line. The study will help the County, West Elgin, and the community understand the effects of the development on the current road system and Will also address if any capital projects are required to meet the needs. The proposed commercial lot at Furnival Road and Gray Line can have an access but must meet the minimum requirement of 85 meters from the intersection. The Ministry of Agriculture, Food and Rural Affairs submits the following technical comments which are based on the policies that pertain to agricultural land use as found in the PPS (2005). It is understood that this development proposal comprises several parcels of land which constitute three phases of development. It is understood that at this stage, the proposal evaluated by this Ministry is only for Phase! of the overall development and is comprised of parcels 1, 2, 3 and 4 which total 24 hectare (60 acres) in size. As a result, the comments below only consider development of Phase I of this area and should not be applied to Phase II and Phase Ili. A separate planning exercise with additional background reports will need to be generated and submitted for these phases, should future development be proposed on those lands. The following comments are with respect to Phase I only. It is understood that the Phase I lands are currently designated 'Lakeshore Recreation' in the 1989 version of the West Elgin Official Plan (OP) and 'Lakeshore' in the Council adopted 2007 version of the Municipality's OP. In addition, it is understood that this development constitutes the expansion of an existing, or an identification of a new settlement area, as per Section 1.1.3.9 of the PPS (2005). Ministry staff note that Section 1.1.3.9 of the PPS (2005) states that 'a planning authority may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a comprehensive review and only where it has been demonstrated that: a. sufficient opportunities for growth are not available through intensification, redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon; b. the infrastructure and public service facilities which are planned or available are suitable for the development over the long term and protect public health and safety; in prime agricultural areas: 1. the lands do not comprise specialty crop areas; 2. there are no reasonable alternatives which avoid prime agricultural areas; and 3. there are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas; and d. impacts from new or expanding settlement areas on agricultural operations which are adjacent or close to the settlement area are mitigated to the extent feasible.' First, it is noted that subsection 1.1.3.9 (a) and (b) are policies that are typically implemented by MMAH, and as a result, there are likely requirements that MMAH may request as part of this shah revert back to the Transferor" At this time, MNR has not received any documentation to suggest that this covenant has been removed from any of the former Beattie Access lands other than those described as Part 1 on Plan 11 R -5352. Any proposed development on the remaining lands as illustrated in "Figure 3 Community Concept Plan" should therefore be consistent with the Restrictive Covenant. (MMAH comment additional information has been received from the Municipality which will be forwarded to MNR for review.) Appendix D Port Glasgow Area Natural Heritage Study: General: MNR notes that the appendices and attachments referenced in this document were not included with the Pre Consultation Report. When the appendices and attachments are provided to the MNR, staff will then be able to complete the review. 7.0 General Mitigation: Butternut MNR notes that all Butternut trees are protected under the Endangered Species Act, 2007, until they have been assessed by a qualified MNR Butternut Health Assessor. Staff note the opinion of the Certified Arborist in the documentation provided; however, an MNR biologist or other registered Butternut Health Assessor must be onsite to assess the health of these trees. This must occur prior to any work being carried out. MNR disagrees with the assessment of Butternut habitat within the document, particularly the 10m buffer surrounding the 9cm tree. This habitat will be subject to further review following the assessment of all trees onsite by a qualified MNR Butternut Health Assessor. Significant habitat for this species may also include areas of related vegetation communities in addition to buffer distances around individual trees. Chimney Swift This section states incorrectly that the habitat for Chimney Swift is not presently protected under federal or provincial legislation. Listed as a threatened species under Schedule 2, the residences (or nests) of Chimney Swift are currently protected under the federal Species at Risk Act. The species is also protected under the Migratory Bird Convention Act The location of this nest should be confirmed and residence habitat reassessed prior to any work being carried out. Significant Woodlands This section infers that vegetation within areas 1A and 1B within Figure 11 can be removed and replicated on the tableland. MNR disagrees with this approach and recommends the retention of these areas be incorporated in an innovative subdivision design. This section states that vegetation from area 2 within Figure 11 can be removed for regrading of the slope in this area if it is replaced with native stock. MNR suggests that further ecological assessment occurs for area 2, prior to any work being carried out. Specifically, detailed Ecological Land Classification (ELC) mapping should be completed and assessed against significant woodland criteria within the Natural Heritage Reference Manua! (MNR, 1999). This section states that vegetation from area 3 within Figure 11 can be removed if replicated elsewhere at a 2:1 ratio. MNR notes that this area should be subject to further assessment for 3 significant habitat of Butternut. Once the Butternuts' health has been confirmed by a qualified Butternut Health Assessor, and significant habitat of butternut determined, then decisions may be made regarding the potential for vegetation removal. 4 review process. In no way should OMAFRA's comments in this letter be taken to mean that the Province is satisfied that the tests established in subsections (a) and (b) have been satisfied. Instead, OMAFRA staff have simply deferred the review of this file for consistency with subsection (a) and (b) to the other partner ministries. With respect to subsection 1.1.3.9 (c) and (d), in this case, despite the proposal to rezone from 'Agriculture' to multiple non -farm zones, because the land is already designated 'Lakeshore Recreation' it is the opinion of the Ministry that the principle for development has been established, and that the land is therefore considered to be removed from a prime agricultural area. As a result, subsection 1.1.3.9 (c) of the PPS (2005) does not appear to be applicable. Similarly, Section 2.3.3.3 and the requirement for a Minimum Distance Separation (MDS) I setback is also not applicable for Phase I. However, subsection 1.1.3.9 (d) of the PPS (2005) is applicable and does not appear to have been addressed anywhere in the March, 2009 pre consultation report. As a result, additional justification is required to address the mitigation measures for the proposed development. In addition to the comments above, Ministry staff note that future phases of this development must be consistent with Section 1.1.3.9 in its entirety, as well as Section 2.3.3.3 of the PPS (2005) which states that 'new land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae.' Consequently, MDS I separation distances will have to established as part of the background report for future phases and detailed agricultural information (e.g. Canada Land Inventory soil capability ratings, artificial drainage, etc.) must also be given full consideration when considering future growth. In conclusion, the Ministry suggests that additional work must be done to demonstrate that the proposal is consistent with subsection 1.1.3.9 (d) of the PPS (2005). Once satisfied of this requirement OMAFRA should have no further concerns with Phase I of this proposal. However, there may be additional concerns from partner ministries, including, but not limited to, consistency with subsection 1.1.3.9 (a) and (b). In addition, there are a number of outstanding issues which need to be addressed prior to OMAFRA considering whether Phase II and III are consistent with the Provincial Policy Statement (2005). It is suggested that many of these issues should be addressed in future background reports for those phases of development. The Ministry of Natural Resources MNR has reviewed the document entitled "Pre- Consultation Report Port Glasgow Community' dated March, 2009, and provides the following comments: Figure 4: Draft Plan Base Phase #1 Stage #1: This plan includes a number of Tots to be created within, or directly adjacent to, significant woodland features on the subject lands. The Provincial Policy Statement (PPS), 2005, states: Development and site alteration shall not be permitted in or adjacent to significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. MNR suggest the proponent pursue alternatives where lot creation occurs outside of the limit of the significant woodlands feature and /or there be additional information provided to demonstrate how the proposed development will meet the above PPS policy. 5.6 Lands not currently owned by SWI in Lot 6: The lands of the former Beattie Access were transferred from the Province to the Corporation of the Township of Aldborough on November 7, 1994. At that time, a Restrictive Covenant was placed on the Land, which states: "The Transferee agrees with the Transferor that the Land shall be used for free public access to Lake Erie and for municipal access to Lake Erie and for municipal parks and recreation purposes only. Should the Land be used for any other purpose, the Land 3 Lower Thames Valley Conservation Authority The Conservation Authority is responsible for addressing the Natural Hazard Section of the Provincial Planning Policy Statement as well as the Conservation Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation, R.S.O. 152/06 under the Conservation Authorities Act. After reviewing their files and mapping, Conservation Authority staff has determined that the property in question is subject to the Authority's Development and Alterations to Shorelines and Watercourses portion of the regulations. The issues of concern within this area are erosion, bank stability and flooding. Erosion Staff have reviewed the Geotechnical Report as prepared by Golder Associates. Staff do not believe that the erosion allowances are adequate. The Authority undertook a small study in the mid 1990's and found that a suitable 100 year erosion allowance for the Lake Erie bluff in the West -Elgin and Dunwich areas to be 64 metres. More recently staff became aware of a study by Keith Philpott consulting in 1983. They found erosion rates that varied from 35 to 70 metres in the West -Elgin and Dunwich areas of Elgin County in the era between 1896 and 1975. A blow -up of Figure 4 -2 from his report has been provided by the Conservation Authority. Also provided is a photo which shows the traverse line that surveyors laid out on the beach in 1936 in order to determine the location of the bottom of the slope of the bluff and the water's edge. The erosion rate of Lake Erie is not a large factor for Phase 1 as the erosion and the stable slope allowances do not impact the proposed Draft Plan Part A or Draft Plan Part B. It does impact a small zone of what is referred to as "future residential" and "future commercial More specifically it is the area east of Havens Lake Road and north of the existing Marina. A map is attached which shows the area that is within the 100 year erosion allowance and stable slope allowance in Phase 1. Another map has been provided for Lot 5. The Authority considers the 100 year erosion allowance and stable slope allowance as the 'critical' regulated area as opposed to the entire regulated area which includes an additional 15 metre allowance. The 'critical' regulated area in Lot 4 is totally within the vegetated area along the Lake Erie shoreline that is owned by other persons. Erosion of the streams within the ravines is only marginally a concern. The only stream of significance is the Sixteen Mile Creek and for much of its journey through lot 6 it is far removed from the toe of the slope of the ravine. The only area where it comes close to the toe of the slope is near its mouth. Staff have reviewed the erosion at this significant 'hair -pin' turn in the creek and found that it has eroded approximately 8 metres in the last 50 years. See the attached photo. The 100 year erosion allowance plus a stable slope allowance of 2.5 to 1 results in a 'critical' regulated distance of approximately 48 metres from the water's edge of the creek. This allowance may enter the zone in Phase 1 referred to as the 'future mixed use commercial' zone. Bank Stabilization In regard to bank stabilization, Conservation Authority staff found no problem with the analysis done by the Golder Report. Staff are concerned with some diagrams which seem to indicate that the lake bank is proposed to be cut back to a stable slope. More specifically these are shown on cross sections C -C and D -D on Lot 5. Staff realize that if a development is proposed on the lake that persons like to have access to the lake but staff feel a more feasible approach would be for construction of managed paths at intervals along the shore or down through the ravines and out to the lake. The reasons that staff do not recommend lake bank stabilization in this instance are: The large amount of fill that is generated by a project of this nature; The large amount of bare and sloped soil surface that is exposed during the stabilization process; 5 The high rate of erosion at the toe of the slope that will impact the proposed stabilized slope; and The material removed will not be available for beach nourishment as the bank erodes in the future. It has been indicated that there is an engineering proposal for the area east of Haven's Lake Road in the area of proposed lots 88 to 110. The engineering proposal will in all likelihood involve the installation of subsurface drainage and the placement of a significant amount of fill. Staff would recommend that if the project requires subsurface drainage that the drainage conduit not be installed on a proposed lot, but that it is installed on public lands in order to ease future maintenance. The Authority has also had problems in the past when staff were merely aware of the placement of fill on a subject property and the fill subsequently subsided. As a matter of fact the Municipality, the MOE and several other parties were also drawn in. Staff would therefore further recommend that the area being filled not be occupied by any private land or Tots. All fill is to be clean and free of any pollutants, that the fill be compacted in sufficiently thin lifts to achieve suitable compaction and that the filling process be properly supervised. Staff have found that development undertaken on slopes greater than 12 to 1 has been subject to creep or ground shifting. Therefore staff have concerns relating to a large amount of area on Figure 4 that is denoted as "Future Residential" east of Haven's Lake Road and "Future Mixed -Use Commercial" west of Haven's Lake Road. Staff also have concerns relating to lots 2 through 16 in Part B. The slopes at the rear of these lots are approximately 5 to 1 and in some cases occupy a significant portion of these same lots. The limited rear yards will in all likelihood provide a motive to construct accessory buildings on these slopes. This will probably accelerate runoff erosion and degrade the valley slope. Flooding The flooding issue is academic as the lake and ravines have a flood issue related to them. However there is no development proposed in any area subject to flooding. Natural Heritage Although Natural Heritage is outside of our provincial planning responsibilities staff offer the following comments. The Natural Heritage Study (Appendix D of the report) appears to recommend an Environmental Impact Study (EIS) if any development is proposed within 10 metres of the woodland edge. More particularly, Figure 11 recommended an EIS trigger bordering the woodland at the rear of Tots 1 through 17 in Part B of Stage 1. Staff would recommend that a trail system be incorporated into this 10 metre section adjacent to the valley land woodlands. It has generally been found that trail systems work to prevent backyard encroachments and potential loss of and impacts to natural features. In this particular case it also enhances the lifestyle theme of the development. This option was discussed at the time of an on -site meeting with the developer and CA staff. Staff recommend that as many surface water flows as possible be directed toward roadways and lot fronts as opposed to toward the valley walls. This effort will also work to preserve the natural heritage features of these slopes. Staff agree that some of the shallow upper parts of some of the finger ravines in Lot 5 could be considered for filling with proper planning and execution. As mentioned earlier, the Authority does not endorse any development taking place on slopes. The Natural Heritage Study (Appendix D) seems to further endorse this theme as numerous natural heritage features were found on the slopes within the area. The Authority notes that all development in areas regulated by the Authority's Development, Interference of Wetlands and Alteration to Watercourses Regulation require the permission of the Authority. 6 Ministry of the Environment Staff have reviewed the "Pre- consultation Report" prepared by Kirkness Consulting and R. Koudys (March 2009) and advise that the document is more of a design exercise than a land use planning justification report. Staff can find no provision for sanitary sewage treatment/disposal or the management/treatment of stormwater on either Figure 4, Figure 5 or Figure 6. Staff are not aware of any municipal sanitary or stormwater management facilities in the area which could service this development. Consequently staff are unclear how it is proposed to provide these necessary services. This information is critical from the perspectives of planning justification, including environmental impact, and project design. MOE interpretation of the statements on page 16 is that this development is intended to capture older, down sizing urbanites. It is not therefore a recreational resort (seasonal) development in MOE's opinion but, rather, an urban development. Therefore a "Lakeshore Recreational" designation is questionable in their view. On pages 21 and 30 it is stated that an Environmental Assessment Study is being carried out to determine the "optimal" means of servicing. It is understood that the municipality has ceased the Class EA it began to consider means of servicing the Port Glasgow settlement area including the Seaside lands. Therefore, MOE staff are not aware of any study intended to demonstrate the most appropriate means to service either this development or the Port Glasgow area as designated in the adopted, but not approved, official plan. It should be noted that the Phase 2 Status Report referenced on page 30, is not a complete analysis as required by Phase 2 of a Municipal Class EA process but, rather, an overview of potential alternatives from an engineering financial perspective. A more complete report is available from the municipal website. Also on page 21 and page 31 it is noted that stormwater management/treatment will consist of an oil /grit separator and discharge to the marina basin. The ministry does not recognize stand -alone oil /grit separators as providing meaningful stormwater treatment in "greenfieid" situations. In addition, an investigation into the capacity of the marina basin to accept treated stormwater needs to be assessed in terms of water quality in the basin and entering the lake. MMAH On page 1, we outlined the development proposal as expressed in the pre consultation report dated March 2009 and we repeat it here for ease of reference. The proposed development includes two draft plans of subdivision on Lot 6. Phase 1 stage 1 includes approximately 113 lots for single detached residences, 100 multiple dwelling units on 17 multi- dwelling lots, and 3000 square meters of commercial floor space located on 2 commercial lots. There would be a total of 212 residential units that would generate approximately 589 residents. Phase 1, Stage 2 of is proposed to be 30 Tots for single detached residential use, 50 multi residential units and 2000 square meters of commercial floor space. Phase 2 will be located on Lot 5. It is proposed to be 180 lots for single detached residential use, 60 multi residential units and 500 square meters of commercial floor space. Phase 3 will be located on Lot 4. It is proposed to be 175 lots for single detached residential use, 40 multi residential units and 500 square 7 meters of commercial floor space. The total over the three Phases will be 748 residential units generating 2,119 persons and 6,000 square metres of commercial space. The population of the Municipality of West Elgin, according to the 2009 municipal directory, is 5,223 persons that comprise 2,451 households. The Phase 1 total of 748 residential units generating 2,119 persons on its own, without future phases, would substantially increase the population and number of households in the municipality. Each phase of this development, on its own, would represent a major development in the context of the Municipality of West Elgin. Despite the statements in the Report that the proposal is for a resort development, consisting of a mix of seasonal and permanent residential uses, the proposal is large enough, in effect, to constitute a settlement area. Further, each phase also includes commercial space, thereby bringing in a "mixed use" component. Based on the definition of settlement area in the PPS, the proposal would fit the definition of a new settlement area. The proposal does not appear to be consistent with the Provincial Policy Statement 2005 (PPS), in part because it has not been demonstrated that there is a need to establish a settlement area to designate additional lands in the Municipality. Proposals to expand the settlement boundary, or establish a new settlement, must be supported by a comprehensive review, under Section 1.1.3.9 of the PPS as set out in more detail in OMAFRA's comments. It should be noted that Lot 4 Concession 14, which is included in "Phase 3" of the proposal, is partly designated as "Agricultural" in the Aldborough Official Plan and development in this area cannot be justified based on it already being removed from prime agricultural lands. Lot 4 is proposed to be designated as "Lakeshore" and "Woodlands" in the Council adopted Official Plan. However, the principle of the land use change from "Agricultural" to "Lakeshore" has not been established. For the Municipality of West Elgin, there does not appear to be documentation to support the creation of such a large area of development. The review completed as a result of the Official Plan exercise concerning population and land needs has not supported the need to expand or establish new settlement areas, based on past growth. Based on the information available to date, it would appear that projected growth could be accommodated on lands within the existing settlement areas. It should be noted that no settlement area boundaries are provided for Port Glasgow within the adopted Official Plan. With regard to this current proposal for residential and mixed use development in Port Glasgow by Seaside Waterfront Inc., and in consideration of the work done for the new Official Plan, it would appear that given the nature and scope of the proposal, an Official Plan Amendment may be required. We do not support the approach of dealing with even phase 1 of this significant development proposal by a modification to the West Elgin Official Plan, as proposed in Section 7.4 of the Pre Consultation Report. 8 Conclusion The proposal appears to have a number of issue which need to be addressed to make it be consistent with the Provincial Policy Statement 2005 (PPS). We would be happy to continue pre consultation discussions with you this proposal when information noted in this letter becomes available. Please do not hesitate to contact me at (519) 873 -4031 or by e-mail at Tammie.Rvall ©ontario.ca if you have any questions or if clarification is required. Yours truly, Tammie RyaII, MCIP, RPP Planner Copy Drew Crinklaw, OMAFRA, London Bill Armstrong, MOE, London Daraleigh Irving, MNR, Aylmer Heather Doyle, MTO, St. Catharines Penny Young, MCUL, Toronto John Morrisey, MTO London Valerie Towsley, Lower Thames Valley CA Chatham ./Joanne Groch, Municipality of West Elgin Hydro One Ted Halwa, Community Planners Inc. Enclosure LTVCA maps 9 erosion allowance and stable slope allowance in Phase 1. Another map within this correspondence is for Lot 5. The Authority considers the 100 year erosion allowance and stable slope allowance as the `critical' regulated area as opposed to the entire regulated area which includes an additional 15 metre allowance. The `critical' regulated area in Lot 4 is totally within the vegetated area along the Lake Erie shoreline that is owned by other persons. metres per year 1.5 1.0 0.5 Note: Many of the Graphics were added by J. Robertson for clarity Annual Recession (rounded} from 1896 to 1976 Figure 4.2 Pon Burwell Shore Erosion Damage Claim Study Lake Erie: Shoreline Recession Painleaux Pins to Long Point gja. t t t. t 4 1 r. t t 1 1. r 1 1. r r 1 r. 4 1 t 0.0 10.0 20.O 30.0 50 .0 B0.0 68.0 Approx. Chatham -Kent West Elgin Line T Port Glasgow West Elgin- Dlrnwlch Line T Ounwich•Southwold Towntine Port Glasgow 1936 Shoreline Traverse CopynghMJrphoto' First Base Solution. 2006. Originai survey J.ti. Smith. OLS. 1936 LTVCA, 2009. Erosion of the streams within the ravines is only marginally a concern. The only stream of significance is the Sixteen Mile Creek and for much of its journey through lot 6 it is far removed from the toe of the slope of the ravine. The only area where it comes close to the toe of the slope is near its mouth. We have reviewed the erosion at this significant `hair -pin' turn in the creek and found that it has eroded approximately 8 metres in the last 50 years. See the attached photo. The 100 year erosion allowance plus a stable slope allowance of 2.5 to 1 results in a `critical' regulated distance of approximately 48 metres from the water's edge of the creek. This allowance may enter the zone in Phase 1 referred to as the `future mixed use commercial' zone. Bank Stabilization In regard to bank stabilization we found no problem with the analysis done by the Golder Report. We are concerned with some diagrams which seem to indicate that the lake bank is proposed to be cut back to a stable slope. More specifically these are shown on cross sections C -C and D -D on Lot 5. We realize that if a development is proposed on the lake that persons like to have access to the lake but we feel a more feasible approach would be the construction of managed paths at intervals along the shore or down through the ravines and out to the lake. The reasons that we do not recommend lake bank stabilization in this instance are; The large amount of fill that is generated by a project of this nature. The large amount of bare and sloped soil surface that is exposed during the stabilization process. The high rate of erosion at the toe of the slope that will impact the proposed stabilized slope. The material removed will not be available for beach nourishment as the bank erodes in the future. K i D n ri s 1 n Urban and n.!"aI Planning September 1, 2009 Norma Bryant Municipality of West Elgin 22413 Hoskins Line PO Box 490 Rodney, Ontario NOL 2C0 i L >ly Via email with attachments and Canada Post. e9 Re: Application by Seaside Inc. for closure and conveyance of part of the road allowance known as Havens Lake Road in Port Glasgow Ontario. Dear Ms. Bryant: Please find en closed the subject application as described above together with the fee of $400.00 and the sketch of the affected lands. There are no abutting neighbours. The application to request certain lands be surplus to the needs of the Havens Lake Road Allowance is based on the following: 1. The road allowance preserved for Havens Lake Road is of a width of 25 m (82 feet) which is sufficiently wide for the traveling public. A cross section of the ultimate road design is attached see MAINSTREET CONCEPT PLAN AND SECTION that shows: a. Two thru lanes one in each direction, b. Two lanes of parallel on- street parking c. A centre -line raised landscaped median d. Boulevards e. Sidewalks 2 The existing road allowance for Havens Lake Road is very irregular and appears to reflect the complex series of parcels acquired by the municipality over a long period of time. 3. The regularization of the road allowance of Havens Lake Road, being 25 m leaves irregular shaped slivers of land that are very shallow and of little utility on their own. 4. The design concept of Havens lake Road in 1 above and the utility of land use along the 25 m road allowance is based on a vision for the re -birth of Port Glasgow, to create an old Scottish themed based community for permanent and seasonal residences of about 500 persons and about 200 dwellings, together with a `downtown' being a tight -knit urban form of 3 4 storey mixed use buildings. The overall Scottish themed community concept included a design of Havens Lake Road to be the spine of activities and the centre of the community. Havens Lake Road would be a "main- street" promoting diverse commercial and residential pedestrian activity but at the same time, provide for appropriate auto traffic, parking and access to the Marina and the Beach along Lake Erie. Seaside Inc, owns the lands on either side and can add to the depths and widths to make viable parcels of land for development. This facilitates land use efficiency. Please refer to the attached HAVENS LAKE ROAD SURPLUS LANDS PROPOSAL to this letter which is the required sketch. This plan has been prepared very carefully to show the ownership pattern of the lands within and abutting Havens Lake Road. a) Parcels a, b, c, d, e, f, and part of g total an area of 1.74 acres and could be conveyed to Seaside Inc. shown in light green colour; b) Parcels A, B, C, D, and part of E total an area of 0.91 acres and could be conveyed to Seaside Inc. shown in dark green colour; c) Parcels 1, 2, 3, and 4 total an area of 0.08 acres and could be conveyed to the Municipality of West Elgin to complete the 25 m road allowance shown in yellow colour. The matters of conveyance and compensation can be discussed as part of the process once the surplus lands are in fact declared surplus by Council. It is understood that the Municipal Act does not require a land appraisal as the notion is to convey the lands to the abutting owner who has frontage on a public road. It is understood that there will be an administrative review and a need for a public meeting. We await these steps and would be glad to discuss any matters related to this at your convenience. Yours truly, Kirkness Consulting Inc. Urban and Rural Planning Per: Laverne Kirkness, BES.RPP.MCIP. Encl. mmmn mmma ntMaarm m mrirri n SIDEWALK PARKING ROAD 4.0 —2.5— 2.5 16 fo PLANTED MEDIAN 4.8 25.0m kit ROAD PARKING SIDEWALK 3.6 2.5 4.0 iii!i l SECTION RON KOUDYS LANDSCAPE_ ARCHITECT 388 Word Strati East. Lor Kkek On Iwo, NSA 1 To (519} 66T 73Y2.Far: (5191845.2174 TITLE: MAIN STREET CONCEPT PLAN SECTION PROJECT NUMBER: 07 -192 DRAM SY, RKLA Inc. SCALE: 1:250 DATE: AUG. 31, 2009 DRAUING NUMBER ..r- 7.) 71 (1 F 1 c.11:: 12 ri r o 1 r r 7 1.2 1 1 C". ',I) F.1 R, /..1::10i\i :',D'E Tj Ail 1.) F'-‘1 i C P A L. FT i.3 .1/ E S 7 i_i C 71 CD P.; :c P '•=7.1 R. MA N EN I L. 0 I_ 0 S.E: i, I 0 0-1 r.. L 1. 1 r. E p- f• 1 c) (2. .1 .71 .1 .1" iTle o .2 r..,: -o r.." ni r- 1 ,L, 2,1 1 rc:1).1 Yi 1, U I ti A Li L .(.0 :i 7 3, 6 O. L 1 L '1 r_t_L. N'', xi 0,4- 1 ,L.J r.) ni--IoNIL N 0 i 1 .J -2 7 t -c s 11, c e:;•c-4 7 r=. i have the. i!"0..:0.;'..led in )1j rjr J1E: C:0 ‘17 CI I .2:c; P c7. of the ict 1 IleS th 1101 1 Je cit ff OVifl .D 1-7 n he r1 11 cit 2 1 cn w 0 E H H U H i w U Z w H Z H Z g q A O 1 a 0 w a w R w H CbCa) O z d GO') Association of Municipalities of Ontario 2009 ONTARIO TMUNICIPAL .ON C D5 ECONOMY ENERGY ENVIRONMENT Wednesday, November 25 and Thursday, November 26, 2009 Best Western Lamplighter Inn Conference Centre, 591 Wellington Road S., London, ON Lx Ontario The Ministry of Municipal Affairs and Housing, Municipal Services Office Western and the Association of Municipalities of Ontario invite you to join us at the 2009 Ontario West Municipal Conference. Wednesday Keynote Speaker- Robert Fisher, a nationally recognized award winning broadcast journalist who for more than 20 years has covered every major political story at the municipal, provincial and national levels for CBC Television's The National Plenary Speaker Paul Gray, Coordinator, Climate Change Program, Ministry of Natural Resources. Discussion will focus on the unique way in which climate change affects every species and ecosystem. What are the impacts and how do we develop solutions Thursday Plenary Speaker Gard Miller, Environmental Commissioner of Ontario. In his role as Commissioner, Mr. Miller provides reliable information about Ontario's environmental issues and monitors government compliance with the Environmental Bill of Rights. Preliminary Agenda Click here to view the agenda at the glance, please note this will require internet access. For hotel accommodations please contact: Primary Hotel: The Best Western Lamplighter Inn Conference Centre, 591 Wellington Road South, London, ON., at 519.681.7151 or 1.888.232.6747 Secondary Hotel: Radisson Hotel Suites, 855 Wellington Road South, London, ON at 519.668.7900 or 1.800.395.7046 Conference Programming Questions: Please contact Conference Chairs Dwayne Evans at 519.873.4695 or Luanne Phair 519.873.4691 or at 1.800.265.4736. Registration Questions: Please contact Anita Surujdeo at 416.971.9856 or 1.877.426.6527 ext. 344 or via e-mail at asurujdeo @amo.on.ca AMO 1 Program at a Glance Page 1 of 2 kie A 111 Awitialinn of Monivii,4 11!- unlaeu: Wednesday, November 25, 2009 Morning 9 :00 am Registration Table Information Fair Opens 10 :30 am Welcome and Introductions Keynote Speaker Afternoon Evening Thursday, November 26, 2009 Morning 7:30 am our O AiI0 WEST MUNCH' At C I FE ENC ECONOMY ENERGY ENVIRONMENT Wednesday, November 25 Thursday, November 26, 2009 Best Western Lamplighter Inn Conference Centre, London, ON The information below is subject to change. Lunch First Set of Concurrent Sessions click here for more information Information Fair Second Set of Concurrent Sessions click here for more information Plenary Speaker Information Fair Networking Atifb Asseciailon of Municipalities of Ontario tX'Ontario Program at a Glance Dinner Guest Speaker Honourable Jim Watson, Minister of Municipal Affairs and Housing Presentation of Long Standing Service Awards http:// www. amo.on.calAM/PrinterTemplate.cfm ?Section= Program_at_a Glance1 &Template= /CM/HT... 9/15/2009 AMO 1 Program at a Glance Page 2 of 2 Continental Breakfast 8:30 am Concurrent Sessions dick Here for more information Plenary Speaker Closing Remarks Afternoon Lunch 1:00 pm Conclusion of Conference Have a safe journey home http:// www. arno .on.ca/AM/PrinterTemplate.cfm ?Section= Program_at_a Glance1 &Template= /CM/HT... 9/15/2009 AMO j Conference Sessions Page 1 of 4 A f ftetw iatign wo,k4p4.41,4a M Unhaein II/loving Toward Zero Waste :2(109 4i.kla0 WEST filaiNl+ IVP.1. C ECONOMY ENERGY ENVIRONMENT Wednesday, November 25 Thursday, November 26, 2009 Best Western Lamplighter Inn Conference Centre, London, ON Let's Focus on the Economy Part 1 Speakers: Elliott Cappell, Senior Advisor, MEDT and Karla Uliana, Senior Policy Consultant, OMAFRA Moderator: Roger Moyer Attlfb Assottalian of Municipalities of Ontkio Ontario Concurrent Sessions The information below is subject to change. Wednesday, November 25th (1:15 pm 2 :30 pm) CAN WE TALK? Liability for Negligent Misrepresentation Speakers: Elaine Ross, Senior Counsel, and Jeff Levitt, Counsel, MMAH, Legal Services Branch Moderator: Pearl Dougall Negligently providing incorrect advice or information can result in liability for negligent misrepresentation. This session will look at the circumstances in which liability could arise including types of advice or information, to whom the information or advice is given, what constitutes negligence (the right to be wrong) and how to manage the risk of liability. A look at Ontario's economic picture with a focus on the West region followed by an overview of the options and opportunities available to municipalities to stimulate and strengthen rural sustainability. Energy Efficient Housing The EQuilibrium Demonstration Speakers: Mary Jane Patterson, Executive Director, Waterloo Region Green Solutions; Jim Steele, CEO, Windsor Essex Community Housing Corporation and Jamie Shipley, Senior Advisor, CMHC Moderator: Matt Ferguson Hear how the Region of Waterloo's Residential Energy Efficiency Project (REEP) and Windsor Essex Community Housing Corporation have applied innovative technology to address affordability, energy efficiency, renewable energy production and reduced environmental impact in market and social housing. This session will also feature a short overview of CMHC's EC'-uilibriumTM'€ housing that integrates a wide range of technologies, strategies, products and techniques to reduce a home's environmental impact. It features on -site renewable energy systems to provide clean energy, and help reduce annual energy consumption and costs. Click here for more information about the Windsor Essex Community Housing Corporation achievement in delivering affordable housing to seniors, parents, children, singles and persons with special needs Click here for more information about the Residential Energy Efficiency Project (REEP) in Waterloo Region Click here for more information about CMHC's EQuilibrium TM housing http:// www .amo.on.ca/AM/PrinterTemplate. cfm? Section= Conference_Program2 &Template= /CM/HTM... 9/15/2009 AMO 1 Conference Sessions Page 2 of 4 Speakers: Glenda Gies, Waste Diversion Ontario and John Vidan, Director, Waste Management Policy Branch, Ministry of the Environment Moderator: Jill Bellchamber- Glazier Information from Statistics Canada tells us that Canadians are doing a better job recycling than just a few short years ago; however, we are also producing more waste than ever before. This session will highlight the Government of Ontario's approach to increasing waste diversion and managing waste. Speakers from the Ministry of the Environment and Waste Diversion Ontario will help explain what this means for municipalities across Ontario. Click here for more information about Waste Diversion Ontario A Primer on Rural Economic Development Speakers: Norm Ragetlie, Community Economic Development Specialist, OMAFRA; Sherri Jenner, Lead Project Analyst, OMAFRA and Belinda Wick- Graham, Economic Development Officer, Town of Minto Moderator: Janice Hensel This session is intended to be a primer on Rural Economic Development and prosperity and will highlight the key strategic elements in a successful economic strategy. Ministry staff will highlight the funding showcase of programs to facilitate economic development currently available through OMAFRA, MEDT, Tourism as well as the federal Community Adjustment Fund. Wednesday, November 25th (3 :00 pm 4 :15 pm) CAN WE TALK? Liability for Negligent Misrepresentation Speakers: Elaine Ross, Senior Counsel, MMAH, LSB and Jeff Levitt, Counsel, MMAH, Legal Services Branch Moderator: Pearl Dougall Negligently providing incorrect advice or information can result in liability for negligent misrepresentation. This session will look at the circumstances in which liability could arise including types of advice or information, to whom the information or advice is given, what constitutes negligence (the right to be wrong) and how to manage the risk of liability. Let's Focus on the Economy Part 2 Speakers: TBC Moderator: Roger Moyer This session will focus on Western region investments as well as co- operative and partnership initiatives that are being undertaken and pursued with a focus on strengthening the region's long term economic prosperity. Learn more about the mandates of the South Central Ontario Region (SCOR), South West Economic Alliance (SWEA) and the Federal Economic Development Agency for Southern Ontario (formerly SODA). Air Quality Not Just a Bunch of Hot Air Speakers: Gabriella Kalapos, Outreach Director, Clean Air Partnership; James A. (Jamie) Skimming, P.Eng., Manager, Air Quality, City of London and Adam Redish, Director, Air Policy and Climate Change, MOE Moderator: Craig Cooper This session will breathe some life into the discussion of air quality in Southwestern Ontario. The session will provide a no nonsense discussion on what various agencies are doing to address air quality locally, provincially and from an inter- governmental perspective. Click here for more information about the Clean Air Partnership Click here for more information about Air Quality and Climate Change in London Energy Efficiency in New Construction the Future of Green Buildings Speakers: David Brezer, Director, Building and Development Branch, MMAH (TBC) and Larry Brydon, Greater Toronto Chapter Board Chair, Canada Green Building Council Moderator: Erick Boyd http:// www. amo .on.ca/AM /PrinterTemplate.cfm? Section =Conference_Program2 &Template= /CM/HTM... 9/15/2009 AMO 1 Conference Sessions Page 3 of 4 Learn about the development of potential Building Code energy efficiency requirements for houses, and specifically the requirement for EnerGuide 80 compliance scheduled to take effect in 2011. A speaker from the Canada Green Building Council will discuss their multi -year development project to introduce the next generation of LEED in Canada, and also their launch of the GREEN UP Canada's Building Performance Program. Together, both initiatives will enable large -scale reduction in greenhouse gas emissions, energy savings, and other environmental benefits for all building types and communities across Canada. Click here for more information about the Canada Green Building Council Why Solar, and Why Now? Speakers: Roberto Garcia, Manager, Marketing Member Services, Ontario Sustainable Energy Association and David Anderson, Helios Energy Moderator: Tammie Ryall The Green Energy and Green Economy Act, 2009 and the Feed -in Tariff program provide municipalities and Local Distribution Companies with an unprecedented opportunity to capture the power of the sun for energy savings and for profit. This session will highlight community power models that allow public, private and community institutions to collectively invest in these technologies and cover the status of some of the new solar facilities in southwestern Ontario. Click here for more information about the Ontario Sustainable Energy Association Click here for more information about Helios Energy Thursday, November 26th (8:30 am 9:45 am) Latest News on the Housing Economic Stimulus Package Speakers: Peter Friedmann, General Manager, CMHC and Kathleen Blinkhorn, Assistant Deputy Minister, Housing Division, Ministry of Municipal Affairs and Housing Moderator: Tony Brutto Get the latest updates on housing in Ontario and across the country from the provincial and federal governments, and the impact the Housing Economic Stimulus Package has had for municipalities in Western Ontario. Click here for more information about building new affordable housing in Ontario What does the Green Energy and Green Economy Act, 2009 mean for Municipalities? Speakers: MEI, Renewable Energy Facilitation Office Moderator: Scott Oliver The Green Energy and Green Economy Act, 2009 (GEA) was introduced on February 23, 2009 by the Honourable George Smitherman, Minister of Energy and Infrastructure, and passed in the Legislature on May 14, 2009. The GEA is a wide ranging piece of legislation that is intended to bring green jobs and economic growth to Ontario by placing a priority on expanding Ontario's use of clean and renewable sources of energy from wind to solar and more. Come learn about how this legislation will impact the day -to -day work of municipal staff and councils. Energy Conservation Every Kilowatt Counts Speakers: Dave Watts, Communications Coordinator, Hydro One Smart Meter Team and Luke Bond, Segment Manager Municipalities, Ontario Power Authority Moderator: Maureen Beatty Ttus session will focus on energy conservation relating to electricity. Hydro One will provide information about Smart Meters and Time -of -Use (TOU) prices. Electricity prices are a provincial government initiative to promote a culture of conservation in Ontario. Together, smart meters and TOU prices will help residential and small business customers manage electricity use and costs, while reducing strain on Ontario's electricity system and helping the environment. The mandate of the Ontario Power Authority (OPA) is to make sure Ontario has a suitable and reliable supply of electricity well into the future by coordinating energy conservation efforts, planning systems for the long term and procuring new supply resources. Learn more about these efforts and available programs. Click here for more information about Hydro One's PowerSaver initiative Click here for more information about Smart Meters http: /www. amo .on.ca/AM/PrinterTemplate.cfm? Section= Conference_Program2 &Template /CM/HTM... 9/15/2009 AMO 1 Conference Sessions Page 4 of 4 o Click here for more information about the Ontario Power Authority Sustainable Rural Communities Speaker: Professor Wayne Caldwell, University of Guelph Moderator: Bruce Curtis The focus of this session is to explore the research and understanding of rural communities and their future sustainability. Dr. Caldwell will discuss recent research on rural communities and their sustainability, looking at their levels of growth and their struggles to maintain the existing population. He will look at best practices and solutions tried in various areas, and using municipal planning and economic development as a means for communities to influence their future. The Dollars and Sense of Natural Heritage Areas Speaker: Eric Miller, MNR, Peterborough Moderator: TBC Natural areas are increasingly being recognized as providing ecosystem goods and services. Valuing natural areas in monetary terms is an initial step in communicating the contribution that nature makes to society. Drawing from international experience and recent projects in Ontario, this presentation will illustrate how the impacts of planning decisions and investments in conservation may be better understood through an ecosystem service analysis. Back http: /www.amo. on.ca/AM /PrinterTemplate.cfm? Section= Conference_Program2 &Template /CM/HTM... 9/15/2009 Assacialion of Municipalities of Ontario Delegate Information: 2 Oil Mr1 Mrs /MsIDrlProf First Name Surname Title Municipality/Org Address: Municipality Province: Postal Code' Tel Fax: E-mail Special needs (dietary, disabilities etc Registration Fees: $225.00 ($214.29 $10.71 GST) Registration inquiries: Anita Surujdeo at asurujdeo @amo.on.ca at 1.877.426.6527 or 416.971.9856 ext. 344 Payment: Registration forms cannot be processed unless accompanied by proper payment. Only payment by credit card may be faxed to 416.971.6191. Please make cheques payable to: Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, ON., M5H 3C6 Credit Card: CC# Expiry Date Visa MasterCard 1 z ECONOMY ENERGY E NMENT Name on Card Signature Wednesday, November 25th (1:15 pm 2:30 pm) 4 Ontario Concurrent Session Selection: For conference planning purposes, please indicate the concurrent sessions that you wish to attend from the sessions listed below. For more information on each concurrent please click on the more details link next to the session name. Please note times listed below are tentative and subject to change: CAN WE TALK? Liability for Negligent Misrepresentation...more details Let's Focus on the Economy Part 1...more details Energy Efficient Housing The EQuilibrium Demonstration...more details Moving Toward Zero Waste...more details A Primer on Rural Economic Development...more details Wednesday, November 25th (3:00 pm 4:15 pin) CAN WE TALK? Liability for Negligent Misrepresentation .more details Let's Focus on the Economy— Part 2...more details Air Quality Not Just a Bunch of Hot Air. .more details Energy Efficiency in New Construction the Future of Green Buildings...more details Why Solar, and Why Now ?...more details Thursday, November 26th (8 :30 am 9:45 am) Latest News on the Housing Economic Stimulus Package ...more details What does the Green Energy and Green Economy Act, 2009 mean for Municipalities ?...more details Energy Conservation Every Kilowatt Counts...more details Sustainable Rural Communities...more details J The Dollars and Sense of Natural Heritage ,reas...more details For more information on the Conference including an updated agenda please visit the Conference pages at www.amo.on.ca Refund Policy: Cancellations must be requested in writing and received by AMO on or before October 23, 2009. An administration fee of $26.25 ($25 GST) will apply to all cancellations.