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April 22, 2010MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING APRIL 22, 2010 Council Chambers, West Elgin Municipal Building DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA DELEGATIONS: 9:30 a.m. Public Meeting Zoning Amendment 20333 Marsh Line (Dewild) (A1) Public Meeting Zoning Amendment Ridge Street (West Lorne Holdings) (A2) Larry Witzel re: Proposed severance Mehring St (B1) Donald McIntyre re: Proposed severance Kintyre Line (B2) 11:00 a.m. Laverne Kirkness re: Seaside Development proposed commercial development on Havens Lake Road (B3) 11:30 a.m. Port Glasgow Yacht Club re: Surplus land along Haven's Lake Road (B4) 1:30 p.m. Court of Revision Lunn Drain 1:45 p.m. Recreation Superintendent re: Arena Renovations (C2a C2b) 3:00 p.m. Fire Budgets PLANNING: (B1 -B6) 1.* Proposed severance Mehring Street, West Lorne Witzel) 2.* Proposed severance Lots B C, Concession 5 (McIntyre) 3.* Kirkness Consulting proposed commercial development on Havens Lake Road 4 Port Glasgow Yacht Club re: Surplus land along Haven's Lake Road 5. Proposals for Development Charges Study (defer to special meeting) 6. MMAH proposed modifications to Official Plan (defer to special meeting) Apr. 22/10 Page 2 REPORTS: (C1 -C8) 1. ROADS 2. RECREATION a) 2010 Capital Budget b) Tender for Arena Renovations 3. BUILDING 4. WATER a) Capital charge Talbot Line (Staddon) 5. BY -LAW ENFORCEMENT 6. DRAINS 7. WEST ELGIN PRIMARY SYSTEM 8. ADMINISTRATION a) Penalty on overdue water accounts b) Fees for removal of contaminated soil (consultant and landfill operator) ACCOUNTS CORRESPONDENCE: (D1 -D6) 1. County of Elgin re: Public Focus Group Participants (Official Plan) 2.* Rockland Flooring re: backfiow prevention devices 3.* Waste Diversion Ontario re: Waste Recycling Strategy Development Workshops 4.* Devin Pearson, TBT request to waive fees 5.* Tiny Tots Co- operative Nursery School request permission to hang banner 6.* Tiny Tots Co- operative Nursery School signage Apr. 22/10 Page 3 BY -LAWS: By -law No. 2010 -12 By -law No. 2010 -31 By -law No. 2010 -34 By -law No. 2010 -35 By -law No. 2010 -36 OTHER BUSINESS: (E1 -E2) 1. International Plowing Match 2. Closed session, if deemed necessary *Information enclosed CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS May 6, 2010 May 13, 2010 May 27, 2010 May 31, 2010 MacDairmid Drain (third reading) Authorize agreement with LAS Amending Agreement with the Arts and Cookery Bank and OMAF Zoning Amendment 20333 Marsh Line (Dewild) Zoning Amendment Ridge Street (West Lorne Holdings) Special Meeting? a.m. Planning p.m. Budget Council Council Tri County Management Committee, 7:00 p.m. DATE TIME: 9:30 a.m. Thursday, April 22 2010. LOCATION: West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney. PURPOSE: To consider a proposed amendment to the Zoning By -law of the former Township of Aldborough. The proposed amendment would change the zoning of the lands lying on the south side of Marsh Line between Blacks Road and McPherson Road, comprising part of Lot B and part of Lot C, Concession X, from the Agricultural (A1) Zone to a 'site specific' Agricultural (A1-#) Zone and a 'site- specific' Special Agricultural (A2-#) Zone. The rezoning is necessary to maintain compliance with the Zoning By -law and fulfill a condition of consent imposed by the County of Elgin Land Division Committee in granting permission to create a lot for the purpose of disposing of a surplus farm dwelling (Application for Consent E89109). The lands proposed to be rezoned 'site- specific' Special Agricultural (A2-#) comprise a frontage of 97.5 metres (320 ft), a depth of 123.7 metres (406 ft) and an area of 1.2 hectares (3.0 acres). The parcel is occupied by an older single unit dwelling, two barns and a building formerly used as a tobacco kiln. No change in use is proposed with the exception of accommodating a limited number of horses in the former tobacco kiln. The parcel satisfies the minimum lot area and minimum lot frontage requirements (4,000 sq m and 50 m respectively) of the A2 zone but would exceed the maximum lot area requirement of 1.0 hectares (2.5 acres). A 'site- specific' (i.e. A2 zoning would permit this deficiency. The lands proposed to be rezoned 'site- specific' Agricultural (A1-#) comprise a frontage of approximately 400 metres (1,312 ft) and an area of 29.2 hectares (72 acres). The parcel is devoid of buildings and structures and has been cleared extensively for agricultural purposes. No change in use is proposed. The 'site- specific' (i.e. Al- zoning would prohibit a dwelling being erected on the lands as stipulated by the PPS and the Township of Aldborough Official Plan. The subject lands are designated `Agricultural' in the Township of Aldborough Official Plan. The proposed amendment is considered to be in conformity with the Plan. ANY PERSON may attend the public meeting and /or make a written or verbal representation either in support of, or in opposition to, the proposed amendment. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by -law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by -law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or from the Municipal Planner, Mr. Ted Halwa, at (519) 963 -1028 (London, Ontario). THE information and material required under Sections 34(10.1) and 34(10.2) of the Planning Act have been provided and this shall serve as sufficient notice of same under Section 34 (10.4) of the Act. DATED AT RODNEY this 1st day of April, 2010. Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Norma Bryant Rodney, Ontario Clerk NOL 2C0 MUNICIPALITY OF WEST ELGIN PUBLIC MEETING ZONING BY -LAW AMENDMENT Adrian DeWild 20333 Marsh Line Telephone: (519) 785 -0560 Fax: (519) 785 -0644 Email: nbryant ©westelgin.net rn APPLICATION FOR ZONING BY -LAW AMENDMENT Adrian DeWild 20333 Marsh Line Part of Lot B and part of Lot C Concession X 1 111.1 II U MCL•EAN -LINE III 0 Ill' Z g 9 10 it 12 14 KINTYRE 1 .STAL•KER 1 MCOO GAL• I u HOSKINS +•tNE ■E GOR A .9 �o- MCMILI:A •LIRE +3 _qm 111 PIONEER.L•INE IX U WT H0810N. b IN,E i !1i I J 11 Mil 51L•YER•EL.4Y.L NE�� Illlllllii�r� LL N w Gla =go BEATRE.LINE JOHNST.ON.L•INE °o CR NAN.LINE Air Photo: 2006 LANDS PROPOSED TO BE RE -ZONED FROM AGRICULTURAL (Al) TO 'SITE- SPECIFIC' SPECIAL AGRICULTURAL (A2-#) a LANDS PROPOSED TO BE RE -ZONED FROM 1 1 AGRICULTURAL (Al) TO 'SITE- SPECIFIC' L o.1 AGRICULTURAL (A1 0 0 i 0 U I P JLU.I r W Port Gla Municipality of WEST ELGIN Municipality of South COUNT 1I1 A -AS RN OBVISION II 1 4 MUNICIPALITY OF WEST ELGIN PUBLIC MEETING ZONING BY -LAW AMENDMENT West Lorne Holdings Ltd. (Tony Santos) Ridge Street West Lorne DATE TIME: 9:30 a.m. Thursday, April 22nd, 2010. LOCATION: West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney. PURPOSE: To consider a proposed amendment to the Zoning By -law of the Village of West Lorne. The proposed amendment would change the zoning of lands situated on the west side of Ridge Street south of Elm Street in the Village of West Lorne, from the Residential Third Density Holding (R3 -H) Zone to the 'site specific' Residential First Density Holding (R1 -H) Zone. The re- zoning would permit the use of the lands for residential purposes. The lands to be re -zoned are legally described as part of Lot 64, Registered Plan No. 199 and are currently devoid of buildings and structures. The rezoning is necessary to maintain compliance with the Zoning By -law and fulfill conditions of consents imposed by the County of Elgin Land Division Committee in creating a total of six residential building Tots for the purposes of erecting single unit dwellings (Applications for Consent E76/09, E77/09 E78109). The lands to be re -zoned from R3 -H to R1 -H comprise an area of 6,787 square metres (1.7 acres) and a frontage of 54.4 metres (179 ft) on Ridge Street. The six proposed residential lots would range in area from 1,329 square metres (14,306 sq ft) to 681 square metres (7,330 sq ft). Services would be provided by means of connection to the municipal water supply and municipal sanitary sewer system. An extension of Chestnut Street west of Ridge Street is proposed to provide access to the lots and its assumption and opening as a public road. Permitted uses of the R1 zone include a single unit dwelling, a home occupation and an accessory use. The proposed lots would satisfy the minimum lot area and lot frontage requirements (580 sq m and 15 m respectively) of the R1 Zone, but several lots would have slightly less than the minimum lot depth requirements of 38 metres. 'Site specific' (R1 zoning is required to permit this deficiency. The holding (H) symbol would apply to prevent premature development until such time as an agreement is entered into between the owner and the Municipality. The subject lands are designated 'Residential' in the Village of West Lorne Official Plan. Lot creation for the purposes of single unit dwellings is permitted provided certain criteria are satisfied including access, servicing, land use compatibility and zoning. ANY PERSON may attend the public meeting and /or make a written or verbal representation either in support of, or in opposition to, the proposed amendment. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by -law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by -law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or from the Municipal Planner, Mr. Ted Halwa, at (519) 963 -1028 (London, Ontario). DATED AT RODNEY this 1st day of April, 2010. Norma Bryant Clerk Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, Ontario NOL 2CO Telephone: Fax: Email: (519) 785 -0560 (519) 785 -0644 nbryant @westelgin.net Aa Village of WEST LORNE MUNROE'S BEET JANE STREET ELM STREET 4 0: a'eezi RI RESIDENTIAL FIRST DENSITY R3 RESIDENTIAL THIRD DENSITY Air Photo: 200 APPLICATION FOR A ZONING BY -LAW AMENDMENT West Lorne Holdings Ltd. Part of Lot 64, R.P. No. 199 RIDGE STREET Village of West Lorne LOT 16 CONCESSION VIII PIONEER.LINE LOT 16 CONCESSION IX CONCESSION X LOT 17 Municipality of WEST ELGIN •O c R oOR OUEENS.LINE 0 LANDS PROPOSED TO BE RE -ZONED FROM RESIDENTIAL THIRD DENSITY- HOLDING (R3 -H) TO 'SITE- SPECIFIC' RESIDENTIAL THIRD DENSITY- HOLDING (R3 -H) if r =:-r i 3 20 April, 2010 MEMORANDUM #000811859 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance Anna Witzel Joseph Fischer part of Lot 36, part of Lot 70 part of Lot 79, Plan 199 south of EIm Street, west of Graham Street West Lorne 1. purpose to create two residential building lots out of a larger, vacant parcel comprising an area of approximately 16.2 hectares (40 acres) in the 'settlement area' of West Lorne (Figure 1 2); lands proposed to be conveyed comprise two identically shaped and sized parcels, each having a width of 20.1 metres (66 ft), a depth of 40.2 metres (132 ft) and an area of 809.3 square metres (8,712 sq ft). Although not explicitly addressed in the submission received, it is assumed it is intended that the lots would front on an extension of Mehring Street. Construction of the extension 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 also be required; the lands being conveyed are heavily wooded and are devoid of buildings and structures. It is intended that a single unit dwelling be erected on each parcel. No other information is provided as to the suitability of the lands for development; the lands proposed to be retained would comprise an irregular shaped parcel with a frontage of approximately 100 metres (328 ft) on EIm Street and an area of approximately 16.2 hectares (40 acres). The Wilton Outlet Drain and the Trigger Drain meander through the lands. The parcel is cultivated and remains one of the largest remaining undeveloped parcels in the Village of West Lorne. It is readily capable of being serviced by the municipal water supply and municipal sanitary sewage system; a based on information provided, two lots were previously created at 205 Elm Street (Mary Steve Freidrich) and at 210 EIm Street (Joseph Fischer). As part of an 'estate planning' exercise by the owners, Anna Witzel was Anna Witzel Joseph Fischer 4 Proposed Severance Municipality of West Elgin April20, 2010 page 2 2. Provincial Policy Statement Official Plan #0008/1859 also to take two Tots at a time that she wanted" being the two lots which are the subject of the proposed severances at hand. 'Estate planning', however, is not recognized as a planning basis for permitting the subdivision of land under the Planning Act. Such approvals must be based on sound and relevant land use planning grounds; neighbouring land uses are characterized predominantly by agricultural lands and wooded areas to the north, west and south and residential development in the form of single unit dwellings to the east along Mehring Street. The proposed building lots would be compatible with existing and proposed development in the area. the relevant matters of the Provincial Policy Statement (PPS) have been reviewed. The PPS states: 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 fie within the 'settlement 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 along Mehring Street. Additional building Tots would be made available in West Lorne where the current supply is low. Consistency with the PPS appears capable of being established; under the Planning Act, however, the orderly development of safe and healthy communities is also identified as a matter of Provincial interest [Section 2(h)]. In addition, proposals to subdivide or sever lands into building lots may not be permitted where it would be premature or not in the public interest (Section 51(24) (b)]; in the Village of West Lorne Official Plan, the subject lands are designated 'Residential'. 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. The proposed building lots would appear capable of satisfying these criteria. Connection of the proposed lots to the municipal water supply system and municipal sanitary sewage system would be required. These matters are capable of being addressed as a condition of consent, should the consents be granted; Anna Witxe! Joseph Fischer Proposed Severance Municipality of West Elgin April20, 2010 page 3 while the proposed building lots would appear capable of satisfying the abovenoted 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 proposed lots do not front on an existing public road. An extension of the road and services would be required. Where roads and services are extended in a piecemeal fashion in the absence of an overall plan, inefficiencies occur and development standards are frequently compromised. One such inefficiency is the lands which would be isolated beyond the rear of the proposed building lots; there is no statutory limit on the number of lots which may be created by consent (or multiple consents) as opposed to a plan of subdivision although the Ministry of Municipal Affairs and Housing is proposing to impose a maximum limit of three limit in the Municipality's new Official Plan. The Ministry has recently expressed concerns with respect to the development of lands by consent as opposed to by plan of subdivision in West Elgin (e.g. West Lorne Holdings Ltd Santos). 3. Zoning By -law: Future Residential (FR) #0008/1859 the proposed building lots would require a re- zoning to Residential First Density (R1). Both lots would satisfy the minimum lot frontage of 15 m (50 feet) and minimum lot area requirement (580 sq m) of the R1 zone assuming Mehring Street is constructed and opened as a public road; the lands being retained have frontage on Elm Street which would not change should the proposed building lots be created. The area of the parcel being retained would, however, be slightly reduced. The minimum lot area requirement is limited to that which existed as of the date the By -law was passed (Section 8.1.2), accordingly, a `site specific' zoning or minor variance would be required to maintain compliance with the Zoning By -law. Anna Witzel Joseph Fischer o Proposed Severance Municipality of West Elgin April 20, 2010 page 4 4. Conclusions notwithstanding the Official Plan to the contrary, multiple -lot creation by way of consent has been approved in the past in West Lorne on a proposed as opposed to existing road. In at least two of these instances, the lands being divided into building Tots comprised all the lands available for development. Creation of the proposed building lots represents the continuation of a piece -meal approach to the development of a large parcel of lands designated for residential purposes but in the absence of an overall approved plan of the development. A proposal for development of the lands by plan of subdivision, based on a sketch map submitted by the owners in 1988, was never pursued. While the limited demand for building lots augers against the development and servicing of a large scale subdivision, it may be feasible to approve and develop a limited portion of the ultimate development under a phased approach. 5. Recommendation That the proposed severances of Anna Witzel Joseph Fischer not be supported and the Elgin Land Division Committee advised accordingly. 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 and compliance with the Planning Act. The creation of the proposed residential Tots is considered premature until such time as an overall plan is prepared setting out the desired type and pattern of development, the extension of streets and services, the provision of suitable stormwater management and the appropriate and logical phasing of development. (original signed by) Ted L. Halwa, MCIP, RPP #0008/1859 Anna Witzel Joseph Fischer Part of Lot 36, Part of Lot 70 and Part of Lot 79, Plan 199 Village of West Lorne Proposed Se eranc Municipality of WEST ELGIN mx ZONING R9 RESIDENTIAL FIRST DENSITY R3 RESIDENTIAL THIRD DENSITY FR FUTURE RESIDENTIAL R West!l:ometliold ngs prop ed_B ots irg PANNE MAP LES TREET` LANDS PROPOSED TO BE CONVEYED a LANDS PROPOSED TO BE RETAINED 1 SCALE 1: 4,000 0 25 50 100 150 Metres 200 Figure: 1 Anna Witzel Joseph Fischer Part of Lot 36, Part of Lot 70 and Part of Lot 79, Plan 199 Village of West Lorne LANDS PROPOSED TO BE CONVEYED 1 o LANDS PROPOSED TO BE RETAINED 1 Pr* posed Severe ce Municipality of WEST ELGIN SCALE 1: 1,000 Metres 0 5 10 20 30 40 0 Figure: 2 MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: I l it.)/ 4 _ER ADDRESS: Cy ;,LA lJ ;1 k 7,. I %a i <_Q frI PHONE: 7 2 6 L' r-� 2. LOT36 �G -79 O N I A CREACE OF TOTAL PARCEL: .27. 3. PARCEL TO BE SEVERED: 0 2 .107-1 I ACREAGE FRONTAGE DEPTH /3 4. ACREAGE TO BE RETAINED: AWL) 7 !9c' 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO WHEN WAS DWELLING CONSTRUCTED? (YEAR) IS THE DWELLING STRUCTURALLY SOUND SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES NO WHERE IS YOUR PRINCIPLE RESIDENCE? MUNICIPALITY 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? "re, GE T 11J S i ,t: iti Q P f f� L1: -7 Ex Po(Art.) A nc.) :477, H At Pe� �s.4 7. OTHER COMMENTS: DATE i SIGNATURE 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 4 Thursday of each month. Please submit this application by the 3` Wednesday of the month for inclusion in the agenda. f; Ltd g.i:ffido Anna Witzel, Joseph Fischer Jr. and Mary Freidrich were owners of the farm, Plan 199 Lots 36, 70, 79; Roll 036.001.07700.0000 in the Village of West Lorne. Mary and Steve Freidrich were given two lots and built a home at 205 Elm Street, West Lorne. Joseph also received two lots and built a home at 210 Elm Street, West Lorne. Anna was also to take two lots at a time that she wanted. She would now like to apply for a severance for two lots on Mehring Street. Due to ill health she would like to get her affairs in order. As she is unable to attend the meeting she has appointed her son Larry Witzel (Power of Attorney) and her daughter, Rosemary Doherty to get her affairs in order. f G F4.4. C S� r I /1C H R -5/q 7"/ 3 i6E jo n cs IL; April 12, 2010 20 April, 2010 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa dwelling; 2. Provincial Policv Statement (PPS) Official Plan #000811858 SUBJ: Proposed Severance McIntyre Clan Ltd. (Donald McIntyre) 20383 Kintyre Line (Part of Lot B and part of Lot 1, Concession V) south side of Kintyre Line east of Clachan Road former Township of Aldborough 1. Purpose: to create a residential lot out of a 70.8 hectare (175 acre) parcel for the purposes of disposing a surplus farm the proposed lot has a frontage of 67 metres (220 ft) on Kintyre Line, a depth of 229 metres (751 ft) and an area of 1.5 hectares (3.8 acres). It is occupied by a single unit dwelling (erected early 1900's), detached garage, implement shed, tool shed and a barn (Figure 1 2). No change in use is proposed; the lands remaining (i.e. balance of the parcel) have a frontage of 813 metres (2,667 ft) and an area of 69.3 hectares (171.2 acres). The parcel, which is traversed by the Poole Municipal Drain, has been cleared extensively for agricultural purposes with the exception of pockets of woodland lying adjacent to the drain. There are no buildings or structures situated on the parcel. No change in use is proposed; based on discussions with Mr. Donald McIntyre, there are no intensive livestock operation (or any other source of apparent land use conflict) in close proximity to the proposed residential lot. under the Provincial Policy Statement (PPS), the creation of a lot for the purposes of disposing a dwelling rendered surplus as a result of farm consolidation is permitted where 'farm consolidation' means the acquisition of additional farm parcels to be operated as one farm operation. McIntyre Clan Limited recently acquired the subject lands (March 2010) and farm the lands in conjunction with five additional farm holdings totaling 142 3. Zoning By -law: `Agricultural (A11' McIntyre Clan Ltd. (Donald McIntyre) Proposed Severance #0008/1858 Municipality of West Elgin April 20 2010 page 2 hectares (351 acres). In this instance, the dwelling on the lands being conveyed is considered surplus to the needs of the farm the 'home' farm being situated at 20451 Fleming Line; under the PPS, 'development' (which includes the creation of new lots) is not permitted in areas of known mineral deposits unless the establishment of new aggregate operations (or access to the resource) remains unhindered, or unless the proposed land use or development serves a greater long -term public interest. It is arguable whether the severance of a surplus farm dwelling at this location serves a greater long -term public interest than extracting potential aggregate resources. Although the dwelling is in existence, its severance from the farm could potentially place limitations on extracting aggregate from the lands in the future in terms of conflicts between the peace and enjoyment expectations of residential property and operations normally associated with the extraction of aggregate. On the other hand, the quality of aggregate resources in the area is generally poor to the extent that there has been little interest over an extended period of time in the creation of new licensed pits or quarries; the subject lands are designated 'Aggregate Resources' in the Township of Aldborough Official Plan, being situated on the periphery of the 'Aggregate Resources' and 'Agricultural' designations. The policies with respect to the disposal of surplus farm dwellings, which apply in instances where lands are designated 'Agricultural' do not apply in this instance. The following policy is relevant to the application at hand: The creation of new lots or the alteration of existing lots which have the effect of significantly reducing the viability of an existing or potential extractive operation will not be permitted. (Section 2.3.11) the lot proposed to be created to dispose the surplus farm dwelling would require a re- zoning to Special Agricultural (A2) given its size and use for residential purposes. The lot would satisfy the minimum lot area and lot frontage requirements (4000 sq m and 50 m respectively) of the A2 zone, but would exceed the maximum lot area requirement of 1.0 ha and the maximum lot depth to lot frontage ratio of 3:1. The proposed lot comprises an area of 1.5 ha and a lot depth to frontage ratio of 3.4:1. A 'site- specific (i.e. A2-#) zoning would be required to permit these deficiencies; McIntyre Clan Ltd. (Donald McIntyre) Proposed Severance Municipality of West Elgin Apn120, 2010 page 3 at 1.5 ha, the proposed lot is large and includes a considerable amount of cultivated land. A reduction in lot area would seem feasible in the interests of preserving agricultural land and in the interests of facilitating the long term maintenance of the lands by future owners of the dwelling; with respect to the accessory buildings, the owner has confirmed that the minimum setbacks from the proposed lot lines would be satisfied although, in any event, reductions are permitted in the case of existing buildings and structures on newly created lots [Section 4.15 a)]; the remainder of the farm would readily satisfy the minimum lot area and frontage requirements (19 ha and 150 m respectively) of the Al zone. A 'site specific' (A1 zoning would be required to prevent a future dwelling from being erected thereon in accordance with the PPS and the Official Plan. 4. Conclusions #0008/1858 while the proposed severance appears to constitute a legitimate surplus farm dwelling as contemplated by the Provincial Policy Statement and the Township of Aldborough Official Plan, the designation of the lands as 'Aggregate Resources' in the Official Plan prevails to the extent that creation of the lot would not conform therewith; it is acknowledged that the existing dwelling is in sound structural condition and the owner has advised that the accessory buildings are suitable for uses accessory to a rural residential use. The existing water supply and on- site sanitary waste disposal system are described as being in good condition. Access is available to both parcels from a local road. Except for the designation as 'Aggregate Resources', the application would appear to satisfy the Official Plan and the PPS; given the quality of aggregate resources in the area, an amendment to the Official Plan may be capable of being justified; if the proposed severance is ultimately supported in principle, the owner should be requested to reconfigure the proposed lot boundaries to minimize the loss of productive agricultural land and resubmit a revised proposal to the Municipality for its review; (original signed by) Ted L. Halwa, MCIP, RPP McIntyre Clan Ltd. (Donald McIntyre) e Proposed Severance #0008/1858 Municipality of West Elgin April 20, 2010 page 4 in the case of a nearby application, i.e. a proposed severance of a surplus farm dwelling in 2005 by Robert Esther Wright west of the subject lands at 20077 Kintyre Line (part of Lot A, Con V), was nevertheless supported by the Municipality and ultimately granted by the Elgin County Land Division Committee. Similar to the subject lands, the lands were designated 'Aggregate Resources'. McIntyre Clan Ltd. 20383 Kintyre Line Part of Lot B and part of Lot 1 Concession V, Western Division LANDS PROPOSED TO BE CONVEYED LANDS PROPOSED TO BE RETAINED Propitsed Severance Municipality of WEST ELGIN WESTERN Dlh S; ZONING Al AGRICULTURAL RR3 RURAL RESIDENTIAL THREE SCALE 1: 7,500 Metres 0 50 100 200 300 400 Figure: 1 McIntyre Clan Ltd. 20383 Kintyre Line Part of Lot B and part of Lot 1 Concession V, Western Division CONC. ESS 1O (.ESTER DIVISION), C=I LANDS PROPOSED TO BE CONVEYED I� 1 LANDS PROPOSED TO BE RETAINED Proposed Severance Municipality of WEST ELGIN SCALE 1: 2,500 Metres 0 10 20 40 60 80 Figure: 2 7. OTHER COMMENTS: DATE MUNICIPALITY OF WEST ELGIN PAYMENT RECEIVED MUNICIPALITY OF WEST ELGIN APR 2019 APPLICATION FOR PROPOSED SEVERA CES PER THANK YOU PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: 1r` e G oa �C7a ADDRESS: fl f W/ i r' (se a PHONE: 67 l C 6 3 E' C 579 /29'7 2. LOTPtLt 3rwCCONCESSION ACREACE OF TOTAL PARCEL: 7 5 3. PARCEL TO BE SEVERED: ACREAGE 3,/r FRONTAGE 2 2 D DEPTH 7 °S"O 4. ACREAGE TO BE RETAINED: 7/ 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES v NO WHEN WAS DWELLING CONSTRUCTED? eat 9 /90 c6 (YEAR) IS THE DWELLING STRUCTUR,ALV SOUND SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES NO Zo WHERE IS YOUR PRINCIPLE RESIDENCE? R i? ma' S 1 e 7 4lcik,ta 5 MUNICIPALITY E9/11 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? 3 3-010 SIGNATURE j/ ariaa G 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 4'" Thursday of each month. Please submit this application by the 3` Wednesday of the month for inclusion in the agenda. C.4 7 April 14, 2010 Norma Bryant Municipality of West Elgin 22413 Hoskins Line PO Box 490 Rodney, Ontario NOL 2C0 Via email with attachments 83 Re: PRECONSULTATION by Seaside Waterfront Developments Inc. for and amendment to the Zoning Bylaw and possibly a consent for land severance of a parcel of land for a commercial development at the south end of Havens Lake Road east side, Port Glasgow in the Municipality of West Elgin, Ontario. Dear Ms. Bryant: Please find en closed the application form you provided in addition to this cover letter and a two site plan concepts labeled as OPTION A and OPTION B. Purpose of Pre consultation Seaside Waterfront Developments Inc. "Seaside has been pursuing development of a unique village resort on its' larger holdings of 24 ha on Lot 6, Concession IV, since late 2007. Seaside is now anxious to develop a small commercial project, which would be part of the larger "vision" (that has been presented at a number of meetings over the last three years) of the unique village resort development. Therefore, Seaside is seeking to rezone a parcel of land and erect a commercial building, which would form the beginning of the "downtown" part of the overall Community Plan vision. This pre consultation is one of the requirements before application can be made to the Municipality and Land Division Committee (LDC) of the County of Elgin should Seaside decide to sever the re -zoned lands. It is our understanding that the LDC will require a Council resolution and a mailing list of rate payers within 200 feet of the site as part of the consent to sever application to the LDC. We trust the Council resolution will meet these requirements, again, if Seaside chooses to sever the rezoned lands. Commercial Proposals OPTION A and OPTION B Seaside is proposing to rezone a parcel of land that would accommodate the commercial building and parking together with a private sewage system to handle up to 1 10,000 litres per day. Two OPTIONS are provided and the only difference between them is the location of the sewage system field. OPTION A is preferred by Seaside, but the engineering has is not sufficiently concluded at this time to determine if it is feasible. Therefore OPTION B is proposed as well. OPTION A measures approximately 90 m frontage by 50 m depth (average) 3755 m2 0.9 acres. This option assumes that the private sewage system can be placed directly to the rear of the proposed commercial building. The proposal would seek a C3- Tourist Commercial zone on the 0.9 acres. OPTION B measures approximately 130 m frontage by 90 m depth (average) 11674 m2 2.9 acres. This option assumes that the private sewage system cannot be placed directly to the rear of the building, because of topographical and engineering constraints, and therefore has to be placed on top of the slope. The proposal would seek a C3- Tourist Commercial zone on the 0.9 acres as in OPTION A, and seek a special provision to the existing Agriculture zone to permit a private sewage system for the commercial block. On both OPTIONS, a commercial building is proposed to be located close to Havens Lake Road, with total gross floor area on three storeys of 1350 m2 (14,500 square feet). The ground floor is proposed to comprise 225 m2 of retail and service uses, while the other half, being 225 m2 would be a restaurant cafe -pub with a patio overlooking Lake Erie. The second and third floor would be accommodation for tourists. A total of 35 parking spaces are proposed for the north part of the site and having access to Havens Lake Road. A Municipal water supply would serve the commercial establishment. Zoning For both OPTIONS, the Tourist Commercial C3 zoning would be proposed and of the 9 regulations, there would require some special provision for: a) the required front yard setback from 15 m to Om b) the interior side yard setback from 4.5 m to 0 m (on south side only) c) the building height maximum for 10.5 m to 12 m OPTION B would require a second zoned area to permit the private sewage system on the table lands at the top of the slope. Official Plan The 1989 Official Plan that is in effect designates the lands as LAKESHORE. The new draft Official Plan designates the lands as LAKESHORE and permits the same uses. In addition, a new policy has been added as section 7.5 which states in part if It is intended that Port Glasgow continues to develop as the centre -piece of the "Lakeshore Area" offering a range of housing types, recreational and cultural opportunities and commercial activities catering to both residents of the Municipality and visitors from outside the area 2 It is concluded that the rezoning and possible consent to sever proposals would conform to the Official Plan. Provincial Policy Statement (PPS) 2005... The PPS encourages the building of strong communities and does permit private sewage disposal systems, and as well promotes economic development through tourism etc. April 22 Council pre consultation session We understand that we will be able to address Council on April 22 at their regular scheduled meeting. At the meeting we would like to update Council on the status of the larger Community Plan project, and discuss our application for surplus lands along Havens Lake Road. I expect we would need to have 30 minutes in front of Council Thank you and we look forward to this meeting. Could you please advise of the time we need to be present at Council's meeting on the 22 Thank you. Respectfully, Kirkness Consulting Inc. Urban and Rural Planning Per: Laverne Kirkness, BES.RPP.MCIP. Encl. cc. Howard Culligan Seaside Waterfront Developments Inc. cc. Ron Koudys RKLA cc. Ted Halwa Community Planners Inc. cc. Richard Pellarin Sco -terra Engineering 3 9 ti53 0 N r a 0 HAVEN'S LAKE ROAD Ci°IU''^ P6nau.l. ICON HOUDYS' L ANOSCAPE ARCHITECT OS APCNIIECT MO WilluO[ 6S RV0.00 CF11Q1i..6O v.101.11[KLNUUlGVl.6lOUgCn.1 PL...L IDIOM 1".. n L1.05ES UNLESS519X! CAT!GOY O xMPK W M. QUA CdK IA W SGPC IPOUSCL ww00x9 ..P.4w�rU. SEASIDE WATERFRONT DEVELOPMENTS INC. PORT GLASGOW INITIAL COMMERCIAL PROJECT OPTION A s J =CM Or (an) [6l-co 14 i 9 ti53 0 N r a 0 HAVEN'S LAKE ROAD a i y fi; i.� 0 u m r 0 y i y d 61 AR it t PHONE: (S 1 q) 3 `t- s 1DG HUMAN OCCUPA? YES MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: 5 e e v\locie ecrovvt DcvQ one A4' c_ ADDRESS: A I--I w Ay° t t i I l i o ay) 10,2 ©n -iA r 1 O R o a d 2. LOT (v I CONCESSION 5fl ACREAGE OF TOTAL PARCEL: 3 D a G 1 c 3. PARCEL TO BE SEVERED: oPTiV 'A 0.q 6pe, 4 a wi 5z) Ili aei1oAlle AQ A S 2 E 2• a t FRONTAGE 1 3a DEPTH 9 0 rvi 0# A .21 GrCVr 4. ACREAGE TO BE RETAINED: °P f t raw i 2 7 �ee• 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS,WELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE F M NO WHEN WAS DWELLING CONSTRUCTE C--' 1 (YEAR) IS THE DWELLING STRUCTU' ►LYQOU ID SUITABLE OR POTENTIALLY SUITABLE, FOR NO WHERO6 PRINCIPLE RESIDENCE? NICIPALITY 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? 7. OTHER COMMENTS: Se n1+ 6t GJ‘z.C,C 6o vef ce-o X \Nr k1'1 eiS L A Vt 14 31/No DATE iO 1 if 0 SIGNATURE 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 4 Thursday of each month. Please submit this application by the 3rd Wednesday of the month for inclusion in the agenda. n Y'1liGHr ON. Nox /No o l of i 4e Pi Core r+ �.c� Luc p P.O. Box 315, Rodney, ON NOL 2C0 April 19, 2010 Mayor Graham Warwick c/o Norma Bryant, Clerk Municipality of West Elgin 22413 Hoskins Line, P.O. Box 490 Rodney ON NOL 2C0 Your Worship Mayor Warwick and Your Council: Subject: April 22 Delegation to Council Surplus Land along Haven's Lake Road. We understand Council is considering action to designate certain municipal lands along Haven's Lake Road as surplus. Our presentation to Council March 25 about future Marina Development shows the importance, both now and future, of the land along Haven's Lake Road to the general public and to the Marina operation. The land right now allows crucial parking and marshalling for boats and trailers. There are traffic and parking difficulties in this area now, especially during Community events, even with the use of the land along Haven's Lake Road. The land, in our view, is not currently surplus to the Municipality, is used and needed by the general public, and is integral to the Marina operation. The land will be become even more critical to the public and the Marina operations in the near future when the new Piers become reality as we expect use of the Marina to increase at least 40% with our new piers. Should Council disagree and decide the land is surplus the Port Glasgow Yacht Club requests the opportunity to meet with Council to discuss acquiring the land at Market Value. We trust should another interest in the land be considered by Council we will be given the opportunity to address Council before any decisions are made by Council. Port Glasgow Yacht Club believes the land, donated by Mr. Haven for Pubic use, should be held for Public use within the decades long partnership enjoyed between the Municipality and the Club. Thank you Your Worship for allowing our Delegation. Yours truly r SQOW Yacht GGu Terry Foulis President, Port Glasgow Yacht Club. To: The Municipality of West Elgin Council April 14, 2010 Dear Councilors. We have received 2 groups of letters informing our company of the requirement to install Back Flow Prevention Devices. The first letters dated October 13, 2009 informed us the date of completion would be January 1, 2011. The second letters dated January 5, 2010 informed us of an accelerated completion date of March 31, 2010. We have finally received our second quote for the installation of these devices. Our first quote was provided by Hobbs Boiler Service and was in the $2,500 range plus tax. Our second quote was provided by Trade Tech from St. Thomas and was for $2100 plus tax. This is a significant cost given the state of our business in the recent years. We have just recently become busier due to a contract that runs until June of this year. Beyond that we are cautiously hopeful that we will be able to maintain the one shift level we are currently at. This is a far cry from when we ran two shifts steadily. We have been oil a Work Share program and employed as little as 12 hourly employees compared to over 100 just a couple of years ago. We are owned by a USA company and we are one of four plants that manufacture truck flooring for Rockland. All plants are well below capacity and our volume could easily be absorbed by one of the other three plants in the USA. Most of our product is exported to the USA so the par dollar is just another negative factor we are trying to contend with, To say we have struggled to keep the doors open to our Canadian division would be an understatement. am requesting financial relief for the cost of installing these devices. Our current property tax is in the range of $76.000 per year. 1 thank you in advance for your consideration of this issue and hope you can see the need to help a business that has contributed to the local economy for decades. Yours truly, Henry Bens Site Manager The Milner Rigsby Co. Limited March 30, 2010 Joanne Groch Administrator/Treasurer WEST ELGIN, MUNICIPALITY OF 22413 Hoskins Line PO Box 490 Rodney, ON, NOL 2C0 Dear Joanne Groch: Re: Waste Recycling Strategy Development Workshops Waste Diversion Ontario (WDO) has identified a number of best practices for municipal blue box recycling programs, including the provision for programs to have a current recycling program strategy /plan. A waste recycling strategy (WRS) is used to plan how a municipality effectively and efficiently operates its blue box program now and into the future. Municipalities without a recycling strategy/plan will have their annual funding from WDO reduced. The Continuous Improvement Fund (CIF) is conducting a series of working sessions to deliver a WRS template that has been put together for municipalities to utilize for the development of a recycling plan. Along with the template, the CIF will also provide consulting assistance to communities in the development of their WRS. Four workshops for municipal staff have been scheduled for April, May and June (Huntsville, Kingston. Hockley Valley and Barrie) to present and go through the WRS template. These workshops will provide programs the basis to use the template and begin work on their recycling plan. Also at the workshops, the CIF will have additional consultant resources that can be utilized by staff to assist with your plan development. The CIF will be scheduling additional workshop sessions later in the year. If your community does not currently have a recycling plan in place, or a process to develop one under way, it is strongly recommended that you send a representative to one of the scheduled workshops. If one of the currently scheduled workshops sessions is not convenient, we ask that you indicate that you are unable to attend and would like to be informed of future workshops. Please indicate which session to you are able to attend by either faxing back the registration form on Page Two of this letter or by registering online at: http: /www.surveymonkey.com /s /YMRLPVX This form can also be linked from the Municipal Waste Association (MWA) website (www.municipalwaste.ca). We do hope you are able to attend one of these day sessions. There is no charge and refreshments and lunch will be provided. A follow -up email will be sent to you in a couple of weeks to confirm your participation. Please feel free to call the MWA at 519.823.1990 if you have any questions. Sincerely, Clayton Sampson CIF Project Manager cc: Andy Campbell, Director, CIF 4711 Yonge Street. Suite 1102. Toronto, Ontario 11121' 61 <8 tel: 416.226.51 13 fax: 416.226.1368 www.wdo.Cu CIF Waste Recycling Strategy Working Sessions 2010 REGISTRATION FORM Name: Municipality /Program: Address: Phone No.: Email: Please indicate which working session you are planning to attend. O Tuesday, April 27 Huntsville (Best Western Muskoka inn) O Tuesday, May 4 Kingston (Banquet Conference Centre) O Tuesday, May 18 Hockley Valley Resort (Orangeville) O Wednesday, June 9 Barrie (venue to be confirmed) O I cannot attend any of these but would be interested in attending a later session. Please fax this form to the MWA office at 519 823 -0084. (You can also register online at: http:// www.surveymonkey.com /s/YMRLPVX) Mika CC c ti,[! "C,1 Dear Municipality of West Elgin Council, b+ TBT Youth Wellness and Education Centre Devin Pearson, Director 151 Maple St. P.O. Box 554 Rodney, ON NOL 2C0 The TBT Youth Centre would like to request the use of the West Elgin Community Centre, Rodney, to hold fundraising dances on Saturday, March 20, April 10, May 15, 2010. The dance will be held from 7:00 -10:00 and be open to students in Grade 5 -Grade 9. Refreshments will also be available. The dance will be fully chaperoned and the directors of the Youth Centre will be on site. We would request that all fees be waived and the facility be set up in the afternoon of the 20'' with the assistance of the Youth Centre volunteers. Please contact Devin Pearson at 519 -785 -1912 if you require more information. Thank you in advance for your consideration of this matter and also for your continued support of opening a full- service Youth Centre in Rodney. Yours in Education, Devin Pearson Director TBT Youth Wellness and Education Centre APR -6 -2010 13:51 FROM:TINY TOTS 5197851833C TO:5197850644 P.2 Tiny Tots Co- operative Nursery School recently received a grant for $5000 to have a marketing plan done as well as update our logo and create a website. We have a source that has volunteered to provide Tiny Tots with a banner to advertise the annual Trike -a -thon. In the past, Tiny Tots and other organizations such as the fair have hung a banner over Furnival Road to advertise a major event. Tiny Tots would like permission to use the existing wire which runs over Furnival from GiGi's to the old Villager location to hang our banner to advertise the Trike- a -thon which takes place on May 29 this year. If any more information is needed please call 519-785-2164. Thank you. A Om& reenS April 6, 2010 Dear Council Sincerely Shelley Smith Director Tiny Tots Co-op Nursery School of Aldborough Inc. Tiny Tots Co-operative Nursery School 217 Furnival Road Box 539 Rodney, Ontario NOL 2C0 (519) 785 -2164 14 lUNIC3.� iL�� 057,7WESY APR 6 2010 APR -6 -2010 13:51 FROM:TINY TOTS Q @ea Pas s April 6, 2010 Dear Council Shelley Smith Director Tiny Tots Co -op Nursery School of Aldborough Inc. 5197851833( TO:5197850644 P.1 Tiny Tots Co- operative Nursery School 217 Furnival Road Box 539 Rodney, Ontario NOL 2C0 (519) 785 -2164 Tiny Tots Co- operative Nursery School recently received a grant for $5000 to have a marketing plan done as well as update our logo and create a website. We now have new signage which was graciously donated by Ed Doherty. The signs are 60 "wide and 48" high. They are designed to be mounted to an outside wall on two sides of the building underneath the upper windows. MUNICIPALITY OF'NEST 'ELGIN APR 0 6 2010 Tiny Tots is asking for permission to have them hung on the North and South sides of the building. The outcome of Tiny Tots marketing plan stressed the importance of being visible to passersby so all can know that West Elgin offers services to young families. if any more information is needed please call 519- 785 -2164. Thank you. D;G