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September 22, 2011MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING SEPTEMBER 22, 2011 Council Chambers, West Elgin Municipal Building DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA DELEGATIONS: 9:30 a.m. Public Meeting Zoning Amendment Lot 10, Concession 2 (Buurma) (Al B1) Proposed severances Lot 8, Concession 7 (Vanderloo) (B2) Lot 1, Concession 6 (A Fleming) (B3) Lot 2, Concession 10 (Bodnar /Ross) (B4) Lot 10, Concession 8 (Parezanovic Farms) (B5) Lots 4 5, Concession 9 (Roodzant Farms) (B6) Lot 17, Concession 8 (Campbell) (B7) 10:00 a.m. Committee of Adjustment 9353 Graham Road (Breck's Bulbs) (A2) 1:30 p.m. St. Thomas General Hospital Foundation (A3) 2:00 p.m. Ed Markham parking issues 2:30 p.m. Ken Sharratt re: Draft Rate Study Financial Plan PLANNING: (B1- B11) (see also D1) 1.* Report re: Zoning Amendment Lot 10, Concession 2 (Buurma) 2.* Proposed severance: Lot 8, Concession 7 (Vanderloo) 3.* Proposed severance: Lot 1, Concession 6 (A Fleming) 4.* Proposed severance: Lot 2, Concession 10 (Bodnar /Ross) 5.* Proposed severance: Lot 10, Concession 8 (Parezanovic Farms) 6.* Proposed severance: Lots 4 5, Concession 9 Roodzant Farms) Sept. 22/11 Page 2 PLANNING cont'd 7.* Proposed severance: Lot 17, Concession 8 (Campbell) 8.* Report re: Application for Minor Variance 9353 Graham Road 9.* Report re: Seaside proposed subdivision /condominium plans 10. Update on OMB Pre Hearing Conference on Seaside Official Plan Appeal 11. Rezoning application Seaside Development Havens Lake Road commercial development REPORTS: (C1 -C7) 1. ROADS 2. RECREATION 3. BUILDING a) Inspection services for Goderich 4. WATER a) Quotes Rodney pumping station improvements 5. DRAINS 6. WEST ELGIN PRIMARY SYSTEM 7. ADMINISTRATION CORRESPONDENCE: (D1 -D4) 1.* Fisheries Oceans proposal for expansion of marina 2.* Elgin County Wardens Banquet 3.* Women's Institute request to use meeting room (policy is attached) 4.* Invitation to Elgin Arts Trail Launch BY -LAWS By -law No. 2011 -61 Anti idling by -law By -law No. 2011 -62 Zoning Amendment— Lot 10, Concession 2 (Buurma) Sept. 22/11 Page 3 OTHER BUSINESS: (E1 -E3) 1, Christmas party turkeys 2. Conduct and procedures 3. Closed Session legal advice, property disposal *Information enclosed CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS September 27, 2011 September 29, 2011 October 13, 2011 October 27, 2011 October 29, 2011 Public Meeting Sunday Gun Hunting 7:00 p.m., West Elgin Recreation Centre (Rodney) Public Meeting Application for Zoning Amendment Seaside Development, Havens Lake Road 7:00 p.m., Rodney Legion Council Council Household Hazardous Waste Day 9:00 a.m. 1:00 p.m., West Elgin Works Garage MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC MEETING ZONING BY -LAW AMENDMENT Roger A. Buurma 22336 Johnston Line DATE TIME: 9:30 a.m. Thursday, September 22", 2011. LOCATION: West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney. A I PURPOSE: To consider a proposed amendment to the Zoning By -law for the purposes of disposing a surplus farm dwelling. The proposed amendment would change the zoning of the lands lying on the north side of Johnston Line (County Road No. 6) west of Furnival Road from the Agricultural (A1) Zone to the Special Agricultural (A2) Zone and to a 'site specific' Agricultural (A1-#) Zone. The amendment would also fulfill a condition imposed by the County of Elgin Land Division Committee in granting Application for Consent E59111 to dispose the surplus farm dwelling. The lands proposed to be rezoned Special Agricultural (A2) comprise an area of 8,090 square metres (1.9 acres), a frontage of 88 metres (289 ft) and a depth of 91 metres (299 ft). The parcel is occupied by a single unit dwelling (erected 1964); with the balance of the lands being comprised of a driveway and landscaped open space. No change in use is proposed. The parcel satisfies the minimum lot area, maximum lot area and minimum lot frontage requirements (4,000 sq m, 1 ha and 50 m respectively) of the A2 zone. Permitted uses of the A2 zone include a single unit detached dwelling, home occupation and an accessory use. The lands proposed to be rezoned `site specific' Agricultural (A1 being the balance of the farm, comprise an area of 19.6 hectares (48.4 acres), a frontage of approximately 341 metres (1,118.8 ft) along Furnival Road and is subject to an easement for the purpose of access between the surplus farm parcel and a drilled well located on the property. The parcel has been cleared extensively for agricultural purposes. No change in use is proposed. The 'site- specific' (i.e. A1-#) zoning would prohibit a dwelling being erected on the lands as stipulated by the PPS and the Municipality of West Elgin Official Plan. The subject lands are designated `Agricultural' in the Municipality of West Elgin Official Plan. ANY PERSON may attend the public meeting and /or make a written or verbal representation either in support of, or in opposition fo, 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 Z n d day of September, 2010. Norma Bryant Clerk Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, Ontario NOL 2C0 Telephone: (519) 785 -0560 Fax: (519) 785 -0644 Email: nbryant @westelgin.net APPLICATION FORA ZONING BYLAW AMENDMENT P812011 Roger A. Buurma 22336 Johnston Line Part of Lot 10, Concession it (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN III Municipatityot t BF Southwest Middlesex f ✓t BEATTIE LINE I FLEMING LINE f o 0 I 103 GIBE LINE i O Z 0 0 I I cx I I I I Clachan I JOHNSTI LINE 0 T I MCLEAN LINE KINTYRE LINE HWY 401 1 �HOSKINS LINE V I &VII DOWNIE LINE PIONEER LINE TALBOT LINE MCDOUGALL LINE EX I THOMSON LINE x SILVER CLAY LINE XII i XIII iXIV 103 Rodney MCMILLAN LINE i QUEENS LIN 1 2 3 4 5 6 7 8 9 10 11 12 MARSH LINE J New Glasgow Port Glasgow ZONING Al AGRICULTURAL T. y LOT 9 l AIRPHO %/1 MEM m2006 LAKE ERIE LOT 19 CONCESSION II r Ms_ r"• Al 19.6 ha (48.4 ac) ..JOIINST.ON. S f ,ONCESSTON III_ 8,090 sq m (1.9 ac) LANDS PROPOSED TO BE RE ZONED TO SPECIAL AGRICULTURAL (A2) LANDS PROPOSED TO BE RE -ZONED TO 'SITE SPECIFIC' AGRICULTURAL (A1 3 14 15, 16!17 18 I i Eagle GRAY LINE 0 a 2 I i West Lorne 19, 20212223 I 24 �r I 2 a a 0 LL 103 L�( f'= 1:8,000 1:100,000 Metres 0 1,250 2,500 3,750 5,000 DATE/TIM E: LOCATION: PURPOSE: The subject lands are situated on the west side of Graham Road (County Road No. 76) south of Talbot Line (County Road No. 3), partly in the Hamlet of Eagle and being part of Lot 18, Concession XIII (refer attached key map). The lands have a frontage of 853 metres (2,798.5 ft) along Graham Road, a depth of 153 metres (501.9 ft) and an area of 11.3 hectares (27.9 acres). Current uses include a retail garden centre and gift shop, restaurant and banquet facility, display gardens, greenhouses and the storage and distribution of horticultural products. Up until recently, the lands were owned by and operated as Lakeview Gardens. The lands are zoned `site specific' Agricultural (A1 -6) in the Township of Aidborough Zoning By -law. Permitted uses include a `restaurant' in addition to all other uses permitted in the Al zone. The refrigerated tractor trailers would be used to store horticultural products not grown or otherwise produced on the premises. Consequently, the use does not qualify as an `agricultural use' or an `accessory use' to a main use as defined by the Zoning By -law. The owner is seeking permission to accommodate the placement of a maximum of four refrigerated tractor trailers for use during the periods of March l to June 1 and September 15 to October 31 The variance, if granted, would be subject to such conditions as the Committee of Adjustment deems necessary or reasonable in the circumstances. The northerly potion of the subject lands are designated `Hamlet' while the remainder is designated `Agricultural' in the West Elgin Official Plan. The location of the tractor trailers would be in the portion designated 'Hamlet'. THIS IS A PUBLIC HEARING and you may appear before the Committee at that time, however, if you, a notified party, do not attend the hearing, the Committee can proceed in your absence and you are not entitled to any further notice of proceedings. WRITTEN COMMENTS may be submitted to the Secretary- Treasurer prior to the hearing. Requests for copies of the decision of the Committee of Adjustment or notice of adjournment of hearing, if any, must be in writing and addressed to the Secretary- Treasurer. ADDITIONAL INFORMATION relating to this application is available between 9:00 a.m. and 4:00 p.m. at the Municipal Building (519) 785 -0560 or from the Municipal Planner, Mr. Ted Halwa, at (519) 963 -1028 (London, Ontario). DATED AT RODNEY this day of September, 2011. Norma Bryant Q Secretary- Treasurer Committee of Adjustment MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE Breck's Ltd. (Gardens Alive, applicant) A2/2011 9353 Graham Road 10:00 a.m. Thursday, September 22 "d 2011 West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney To permit the use of temporary refrigerated tractor trailers to store horticultural product not grown or otherwise produced on the premises. Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, Ontario NOL 2C0 Telephone: (519) 785 -0560 Fax: (519) 785 -0644 APPLICATION FOR A MINOR VARIANCE: A2/2011 Brecks Ltd. (Gardens Alive, applicant) 9353 Graham Road, Eagle Part Lot 18, Concession XIII (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN III V VI VI VII vll ivnl t. 104 A B C 1 IX 1 X o 0 a cc zl 0 co wI xl r1 5• 1 m r i xIl BEATTIE LINE cc FLEMING LINE Municipality of Southwest Middlesex GIBB LINE JOHNSTON LINE MCLEAN LINE KINTYRE LINE MCDOUGALL LINE I HWY 401 1 HOSKINSLINE DOWNIE LINE MCMILLAN LINE PIONEER LINE 1 2 3 4 MARSH LINE THOMSON LINE SILVER CLAY LINE TALBOT LINE t xavv___ 103 6 Rodney QUEENS LINE 2 7 8 9 10 11 12 103 New Glasgow Port Glasgow 0 0 cr z o cc 0 2 cc z L_ lwririp' t Na rrrFagf i letFOf I .e 11.3 ha (27.9 ac) proposed location of refridgerated tractor trailers 104 LAKE ERIE Al LOT 18 CONCESSION XIII ZONING Al AGRICULTURAL Ct HAMLET COMMERCIAL HR HAMLET RESIDENTIAL I INSTITUTIONAL Arlit PHO 0:2008 v`?Rl SUBJECT LANDS 1:12.000 1.7:::2 HAMLET' AREA (Municipality of West Elgin Official Plan) 13 14 15 16 17 18 West Lorne 19 20 21 22 23 24 1 W i I 5 6I a n 1 :100,000 Metres 0 1,250 2,500 3,750 5,000 July 21, 2011 St. Thomas Elgin General Hospital Foundation Ms. Joanne Groch Administrator/Treasurer Township of West Elgin 22413 Hoskins Line P.Q. Box 490 Rodney, ON NOL 2C0 Dear Ms. Groch: Building Community Support Fdr Our Hospital ha We would like an opportunity to come to one of your meetings to update Council members on the redevelopment initiatives at the St. Thomas Elgin General Hospital. Plans are to redevelop major portions of the facility with a three -story building to accommodate a 15 -18 bed adult mental health unit, a new 20,000 sq. ft. emergency department, and much needed state -of- the -art surgical suites all added on the North West corner of the current site. It addition, a refreshed ambulatory care area will be moved into the first floor of the Complex Continuing Care area. Together these changes will be a fantastic change to the delivery of health care to resident of Elgin County /St. Thomas. We would appreciate 15 -20 minutes to bring members this vital update. If possible, we could also use PowerPoint to graphically show the expected changes. Please let me know if this is possible. At your convenience, would you kindly call me to coordinate the best times available in the weeks ahead for us to come to one of your meetings? Thank you. Sincerely Allan Weatherall Director of Development 519- 631 -2030 #2247 189 Elm Street St. Thomas, ON N5R 5C4 Tel 519- 631 -2030 ext. 2246 Fax 519-631-8372 www stegh ori.ca /foundation REGISTERED CHARITABLE -NO 89081 6846 RRR0001 4- 16 September 2011 MEMORANDUM #000812070 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Public Meeting September 22 2011 Amendment to the Zoning By -law Roger A. Buurma 22336 Johnston Line B The above referenced public meeting is to consider a proposed amendment to the Township of Aldborough Zoning By -law with respect to the abovenoted lands. An Application for Re- zoning has been filed by the owner of the lands, Mr. Roger Buurma, in partial fulfillment of conditions applied in the granting of Application for Consent (E59111) by the County of Elgin Land Division Committee on 29 June 2011 for the purposes of creating a lot to dispose a surplus farm dwelling. Council previously considered and endorsed the proposed severance at the pre application stage. The subject lands are situated on the north side of Johnston Line (County Road No. 6) west of Furnival Road. The proposed change the zoning is from Agricultural (A1) to Special Agricultural (A2) and to 'site specific' Agricultural (A1 -77). The lands proposed to be rezoned to Special Agricultural (A2) comprise the lot on which is situated the surplus farm dwelling. The parcel satisfies the minimum lot area, maximum lot area and minimum lot frontage requirements of the A2 zone. The lands proposed to be rezoned 'site- specific' Agricultural (Al- 77) comprise the balance of the farm, The parcel satisfies the minimum lot area and minimum lot frontage requirements of the Al zone. The 'site specific' zoning prohibits a dwelling being erected on the lands as stipulated by the Provincial Policy Statement (PPS) and the Municipality of West Elgin Official Plan. The Elgin Land Division Committee granted an easement over the farm in favour of the lot being created for the purpose of providing access to the well serving the surplus farm dwelling. While it would be Roger Buurma Proposed Zoning By -law Amendment Municipality of West Elgin 21 April 2011 page 2 preferable to have the water supply (well) contained wholly on the lot it serves, Mr. Buurma was apparently not able to secure an independent, potable water supply on the lot being created. The lands are designated 'Agricultural' in the Municipality of West Elgin Official Plan. The draft By -law is considered to be consistent with the PPS and in conformity with the Official Plan. Once a reference plan has been deposited, the appropriate legal description can be inserted into the By -law. (original signed by) Ted L. Haiwa, MCIP, RPP #0008/2070 CORPORATION OF THE MUNICIPALITY OF WEST ELGIN BY -LAW NO. BEING A BY -LAW TO AMEND THE TOWNSHIP OF ALDBOROUGH ZONING BY -LAW NO. 90-50, AS AMENDED Roger A. Buurma 22336 Johnston Line WHEREAS the County of Elgin Land Division Committee has granted permission to the creation of a lot (Application for Consent E59/11) to dispose of a surplus farm dwelling consistent with the Provincial Policy Statement and in conformity with the West Elgin Official Plan; WHEREAS the County of Elgin Land Division Committee in granting its permission has imposed conditions pertaining to the zoning of the lot being created and the lands being retained including a restriction that no further residential development be permitted on the retained lands; WHEREAS certain provisions of the Zoning By -law are not capable of being complied with; NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows: 1. THAT Section 5.3 to By -law No. 90 -50, as amended, of the former Township of Aldborough being the Exceptions of the Agricultural (Al) Zone, is hereby amended by the addition of the following: "5.3.77 a) DEFINED AREA A1-77 as shown on Schedule "A Map No. 8 to this By -law. b) PERMITTED USES accessory use agricultural use dog kennel forestry use hunting preserve landing strip as an accessory use riding school wayside pit wildlife sanctuary" 2. THAT Schedule "A Map No. 8 to By -law No. 90 -50, as amended, is hereby amended by changing from the Agricultural (Al) Zone to the 'site specific` Agricultural (A1 -77) Zone those lands outlined in heavy solid lines and described as A1-77 on Schedule "A" attached hereto and forming part of this By -law, being part of Lot 10, Concession II, formerly in the Township of Aldborough, now in the Municipality of West Elgin, in the County of Elgin. 3. THAT Schedule "A Map No. 8 to By -law No. 90 -50, as amended, is hereby amended by changing from the Agricultural (A1) Zone to the Special Agricultural (A2) Zone those lands outlined in heavy solid lines and described as A2 on Schedule "A" attached hereto and forming part of this By -law, being more particularly described as being Part 1, Plan 11R- being part of Lot 10, Concession II, formerly in the Township of Aldborough, now in the Municipality of West Elgin, in the County of Elgin. 4. THIS By -law comes into force upon the day it is passed in the event an appeal has not been filed with the Clerk within the time prescribed by the Planning Act. R.S.O. 1990, as amended. In the event an appeal is filed with the Clerk within the time prescribed by the Planning Act, R.S.O. 1990, as amended, the By -law shall be deemed not to have come into force until the appeal has been finally disposed of, whereupon the By -law (except for such parts as are repealed or amended as so directed by the Ontario Municipal Board) shall be deemed to have come into force on the day it was passed. READ a FIRST and SECOND time this day of 2011. READ a THIRD time and FINALLY PASSED this day of 2011. MAYOR CLERK ZONING BY -LAW AMENDMENT P8/2011 Roger A. Buurma 22336 Johnston Line Part of Lot 10, Concession II (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN BF MunicIpalily of Southwest Middlesex 11 i' FLEMING LINE j I 103 GIBB LINE i II o Clachan 111 VI 'C Q 0 JOHNST 1 j MCLEAN LINE KINTYRE LINE MCDOUGALL LINE HWY 401 I HOSKINS LINE !DOWNIE LINE MCMILLAN LINE PIONEER LINE 1 2! 3 1 4 1 5 MARSH LINE THOMSON LINE SILVER CLAY LINE TALBOT LINE 103 BEATTIE LINE 0 I I I I New Glasgow Port Glasgow, I I l Rodney QUEENS LINE ZONING Al AGRICULTURAL LOT 9 Al LOT 10 CONCESSION II t?4 Al 19.6 ha 111 Ii t w' t p i gl1k s 4 r i T�?CzO NE5SIO F N Tl AIR'EHO GRAY LINE. LAKE ERIE LANDS RE -ZONED TO SPECIAL AGRICULTURAL (A2) LANDS RE -ZONED TO SITE SPECIFIC' AGRICULTURAL (A1 -77) 8,090 sq m (1.9 ac) JOHNST..ONLINE {103 II A 1:8,000 r L IF r Corny iun iy Planners Ire 1:100,000 Metres 0 1 ,250 2,500 3,750 5,000 15 September 2011 MEMORANDUM FROM: Ted L. Halwa 1. Purpose TO: Members of Council Municipality of West Elgin to enlarge an existing rural residential lot through the conveyance of abutting lands; #000810264 SUBJ: Proposed Severance Bill Louise Vanderloo part of Lot 8 Concession VII north side of Queens Line (County Road No. 104) east of the Village of Rodney the lands proposed to be conveyed have a depth of 21.3 metres (70 ft) and an area of 650 square metres (7,000 sq ft). The parcel, which is without frontage and has no buildings or structures, is proposed to be added (merged in name and title) to an abutting lot owned by Carrie Howard. The lot being enlarged (22656 Queens Line) is occupied by a single unit dwelling; if granted, the existing residential lot would be increased in area from 1,393.5 square metres (0.3 acres) to 2,043.5 square metres (0.5 ac) and in depth from 45.7 metres (150 ft) to 67 metres (220 ft). The frontage of the lot would remain unchanged; the lands proposed to be retained have a frontage of 300 metres (984 ft) on Downie Line and 103 metres (338 ft) on Queens Line (County Road No. 104), a depth of 1,250 metres (4,100 ft) and an area of 39 ha (96.5 ac). The parcel is without buildings or structures and is primarily cleared for agricultural purposes. The Milton Drain meanders across the parcel. No change in use is proposed. 2. Provincial Policy Statement (PPS) and Official Plan under the Provincial Policy Statement (PPS), lot adjustments in prime agricultural areas may be permitted for legal or technical reasons (Section 2.3.4.2). 'Legal or technical' reasons are defined by the PPS as severances for purposes such as easements, corrections of deeds, quit claims, and 6a B. L. Vandertoo- Proposed Severance Municipality of West Elgin 15 September2011 page 2 3. Zoning By -law minor boundary adjustments which do not result in the creation of a new lot. The proposed enlargement of an existing residential lot where no new lot is being created would be consistent with the PPS; the lands proposed to be conveyed and enlarged are designated 'Rural Residential' while the lands being retained are designated 'Agricultural' in the West Elgin Official Plan. Consents for the purposes of conveying additional lands to an adjacent lot are permitted provided: a) the conveyance does not lead to the creation of an undersized, irregularly shaped lot(s) unsuited to the purpose for which it is being used or proposed to be used, or contrary to the provisions of the Zoning By -law unless the Bylaw is otherwise amended or a variance granted; b) the lands being conveyed are registered in the same name and title as the lands to which they are being added; and c) it is stipulated in the granting of the severance that any subsequent conveyance or transaction will require a future severance (Section 10.4.2) #0008/2064 with respect to item a), the enlarged lot would be compatible and in keeping with existing rural residential lots fronting on Queens Line in terms of area, frontage and depth. The consent would eliminate a small agricultural pocket at the rear of the existing Howard lot which is situated between two residential lots (Bishop to the west and Van Dyk to the east) and is of a size and configuration which is inefficient to cultivate. With respect to item b) and item c) above, these matters are appropriately addressed as conditions of consent, if granted. Conformity with the Official Plan is capable of being maintained. the lands being conveyed are zoned Agricultural (Al) while the lands being enlarged are zoned Rural Residential Two (RR2). The lands being conveyed would require a re- zoning to RR2 consistent with the zoning which applies to the lands they are being added to. The re- configured parcel would readily satisfy the minimum lot area and lot frontage requirements (1,850 sq m and 30 m respectively) of the RR2 zone; B. L. Vanderloo- Proposed Severance Municipality of West Elgin 15 September 2011 page 3 the lands being retained would satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m respectively) of the Al zone. A change in zoning is not required for this parcel to maintain compliance with the Zoning By -law. 4. Conclusions the proposed conveyance of lands given their size and configuration and the depth of abutting residential lots is considered appropriate. 5. RECOMMENDATION #0008/2064 That the proposed consent by Bill and Louise Vanderloo be granted subject to the following conditions and the Elgin Land Division Committee advised accordingly: a) That the lands being conveyed be re -zoned to Rural Residential Two (RR2) consistent with the zoning of the lands to which they are being added; b) That the lands being conveyed are merged in the same name and title as the lands to which they are being added; c) That Section 50(3) of the Planning Act, R.5.0., 1990, as amended, shall apply to any future transactions or conveyances on the subject lands. REASONS i) Consistency with the Provincial Policy Statement would be maintained; ii) Conformity with the West Elgin Official Plan would be maintained; iii) The requirements of the Township of Aldborough Zoning By -law are capable of being B. L. Vanderloo- Proposed Severance Municipality of West Elgin 15 September 2011 page 4 satisfied; iv) The matters set out in the Planning Act would be satisfied. (original signed by) Ted L. Halwa, MCIP, RPP #0008/2064 APPLICATION FOR A CONSENT Bill Louise Vander loo 22656 Queens Line, Rodney Part of Lot 8, Concession VII Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 LOT ZONING Al AGRICULTURAL A2 SPECIAL AGRICULTURAL RR2 RURAL RESIDENTIAL TWO LANDS TO BE CONVEYED AND MERGED IN TITLE WITH ABUTTING RESIDENTIAL LOT L LANDS TO BE RETAINED 0 1 :1 0,000 150 300 450 600 !Metres PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: /3// F 3. PARCEL TO BE SEVERED: ACREAGE 4. ACREAGE TO BE RETAINED: DATE/144j: .22 AO. SIGNATURE MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES ADDRESS: //T 3 72 8? 6 ai e. s kFi o l(6 e PHONE: .O q r 7F C) 7 9 7 2. LOT Ar CONCESSION 7 ACREACE OF TOTAL PARCEL: 4 7‘. 7) ate, FRONTAGE /0 o DEPTH 7 G r 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS DWELLING ONLY fS 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? q s cs is be& MUNICIPALITY 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? S A t 4 44 I e 7. OTHER COMMENTS: -1 be S -1v al et c er c 6 c �a.r L) �f:'i1Pfy 1 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. PLAN 11R-- 1424 LOT CORNER (PLN 11R-1424 C) 0 SED 25.603 /03 0W1 SIB ISO (882) (SLO 431..0u9 (uns) jp 0.4.....N.1,. #I .11. eNt r!.. t tr. Ant t- 84 1 Pi/4 C' r "1 1. f• 'I' of/. %.,frA. 70 0-1-1 D 431.9.17 (R-3750) N 46' tB 9- '14:1:16 1,55 2279.9 Sq.m. ozo th.5 34.000 -.1 O NST. -3449111 SE0 -a 3Q.48.0 M a 56' 00 E (REFERENCE B 15 September 2011 MEMORANDUM #000812065 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance Alex Fleming 20618 Hoskins Line (part of Lot B and part of Lot 1, Concession VI) north side of Hoskins Line west of Blacks Road 1. Purpose to enlarge an existing rural residential lot through the conveyance of abutting lands; the lands proposed to be conveyed have a frontage of 15 metres (49 ft), a depth of 72 metres (236 ft) and an area of 1,700 square metres (0.4 acres). The parcel, which is devoid of buildings and occupied in part by trees and landscaped open space, is proposed to be added (merged in name and title) to an abutting lot also owned by Alex Fleming. The lot being enlarged (20618 Hoskins Line) was severed from the farm and is occupied by a single unit dwelling; if granted, the Fleming residential lot would be increased in area from 2,994 square metres (0.7 acres) to 4,694 square metres (1.2 ac), increased in frontage from 50 metres (164 ft) to 65 metres (213 ft) and increased in depth from 60 metres (197 ft) to 72 metres (236 ft); the lands proposed to be retained have a frontage of 683 metres (2,241 ft) on Hoskins Line, a depth of 653 metres (2,142 ft) and an area of 45.9 ha (113.5 ac). The parcel is occupied by a single unit dwelling (20674 Hoskins Line) and assorted farm buildings and is cleared for agricultural purposes. Woodlands occupy the north central and westerly portions of the parcel. The Fleming Creek Drain meanders across the parcel. No change in use is being proposed. 2. Provincial Policy Statement (PPS) and Official Plan Alex Fleming Proposed Severance Municipality of West Elgin 15 September 2011 page 2 3. Zoning By -law under the Provincial Policy Statement (PPS), lot adjustments in prime agricultural areas may be permitted for legal or technical reasons (Section 2.3.4.2). 'Legal or technical' reasons are defined by the PPS as severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments which do not result in the creation of a new lot; the size of the proposed enlarged residential lot, at 4,694 square metres or 1.2 acres, is considered appropriate under the circumstances for rural residential purposes. The additional lands would incorporate rows of trees which lie adjacent to the easterly and westerly lot lines as well as some landscaped open space which is currently used and maintained by the occupants of the dwelling. The loss of agricultural lands is confined to a small portion to the rear of the lot and appears to have been kept to a minimum. The proposed enlargement of an existing residential lot where no new lot is being created would be consistent with the PPS; the subject lands are designated 'Agricultural' in the West Elgin Official Plan. Consents for the purposes of conveying additional lands to an adjacent lot are permitted provided: a) the conveyance does not lead to the creation of an undersized, irregularly shaped lot(s) unsuited to the purpose for which it is being used or proposed to be used, or contrary to the provisions of the Zoning By -law unless the Bylaw is otherwise amended or a variance granted b) the lands being conveyed are registered in the same name and title as the lands to which they are being added; and c) it is stipulated in the granting of the severance that any subsequent conveyance or transaction will require a future severance. (Section N.4.2) #0008/2065 the enlarged tot would not have any apparent impacts on neighbouring agricultural uses and is of a size considered appropriate for rural residential uses. With respect to item b) and item c) above, these matters are appropriately addressed as conditions of consent, if granted. Conformity with the Official Plan is capable of being maintained. Alex Fleming Proposed Severance Municipality of West Elgin 15 September 2011 page 3 5. RECOMMENDATION REASONS i) Consistency with the Provincial Policy Statement would be maintained; #0008/2065 the lands being conveyed are zoned Agricultural (Al) while the lands being enlarged are zoned Rural Residential Three (RR3). The lands being conveyed would require a re- zoning to RR3 consistent with the zoning which applies to the lands they are being added to. The re- configured parcel would satisfy the minimum lot area and minimum lot frontage requirements (1,850 sq m and 30 m respectively) of the RR3 zone but would exceed the maximum lot area requirement of 4,000 sq m. Re- zoning the lands being conveyed and the lands being enlarged to a `site specific' (i.e. RR3-#) zone would be required to rectify this deficiency; the lands being retained would satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m respectively) of the Al zone. No change in zoning would be required. 4. Conclusions the proposed conveyance of lands given the modest amount of agricultural land being added to enlarge an existing lot for rural residential purposes is considered appropriate. That the proposed consent by Alex Fleming be granted subject to the following conditions and the Elgin Land Division Committee advised accordingly: a) That the lands being conveyed and the lands being enlarged be re -zoned to `site specific' Residential Third Density (RR3 to permit the enlargement of a lot which exceeds the maximum lot area requirement of the Zoning By -law; b) That the lands being conveyed are merged in the same name and title as the lands to which they are being added; c) That Section 50(3) of the Planning Act, R. S. O., 1990, as amended, shall apply to any future transactions or conveyances on the subject lands_ Alex Fleming Proposed Severance Municipality of West Elgin 15 September 2011 page 4 ii) Conformity with the West Elgin Official Plan would be maintained; iv) The matters set out in the Planning Act would be satisfied. (original signed by) Ted L. Flalwa, MCIP, RPP iii) The requirements of the Zoning By -law are capable of being satisfied; #0008/2065 APPLICATION FOR A CONSENT Alex Fleming 20618 Hoskins Line Part of Lot B and Part of Lot 1, Concession VI Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 ZONING Al AGRICULTURAL RR3 RURAL RESIDENTIAL THREE `1r2 HOSKINS LINE 28.1 im.;.... HOSKINS LINE p WA LANDS TO BE CONVEYED AND MERGED IN TITLE WITH ABUTTING RESIDENTIAL LOT LANDS TO BE RETAINED 1:5,000 0 75 150 225 300 Metres MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: 4 Jex ADDRESS: 2496 g Li`ne 1 a 121 w e�, ©sa; /UO 1- 2 LC7 PHONE: 1 71) 7 S 09 iq AUt 0 4 2011 2. LOT I CONCESSION 6 ACREAGE OF TOTAL PARCEL: 1 3. PARCEL TO BE SEVERED: s rr rr +1 owisc, 4- n o t u! 7' Alh Inc► ^e4s e d vna /97 )3 7 ACREAGE FRONTAGE 50 h. 0-e DEPTH 4 /4 f+ mina 4. ACREAGE TO BE RETAINED: 3 IS 2, 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? C Pend 'Oecendw'Ps 4-0 «C-/ &dd wee a4d cal •f q4a eke iipc o +A.0 e--K 51 10+ Y e21/01 d flat 7 iaS.S C Atill9 s e v�L4 �S frAS[tte C= ?�CS�� +J 7. OTHER COMMENTS: DATE Roost r'} (r 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. 15 September 2011 MEMORANDUM 1. Purpose to enlarge an existing rural residential lot through the conveyance of abutting lands; #000812077 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance Steve Bodnar Susan Ross 21159 Marsh Line (part of Lot 2 Concession X) south side of Marsh Line east of Blacks Road the lands proposed to be conveyed have a frontage of 10.7 metres (35 ft), a depth of 89 metres (292 ft) and an area of 1,778 square metres (0.4 acres). The parcel, which is devoid of buildings and structures and is cleared for agricultural purposes, is proposed to be added (merged in name and title) to an abutting lot owned by Susan Ross. The lot being enlarged (21159 Marsh Line) was severed from the farm in 2004 as a retirement lot by Steve Bodnar and a single unit dwelling was erected in 2008; if granted, the existing residential lot would be increased in area from 4,047 square metres (1.0 acres) to 5,825 square metres (1.4 ac), in frontage from 55 metres (180 ft) to 65.7 metres (216 ft) and in depth from 74 metres (243 ft) to 89 metres (292 ft); the lands proposed to be retained have a frontage of 235 metres (771 ft) on Marsh Line, a depth of 600 metres (1,969 ft) and an area of 19.7 ha (48.6 ac). The parcel is without buildings or structures and is cleared for agricultural purposes with the exception of pockets of woodlands in the central and southerly portions of the parcel. The Kraus Drain meanders across the parcel. No change in use is proposed. 2. Provincial Policy Statement (PPS) and Official Plan Steve Bodnar Susan Ross Proposed Severance Municipality of West Elgin 15 September 2011 page 2 3. Zoning By -law under the Provincial Policy Statement (PPS), lot adjustments in prime agricultural areas may be permitted for legal or technical reasons (Section 2.3.4.2). 'Legal or technical' reasons are defined by the PPS as severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments which do not result in the creation of a new lot; the size of the enlarged residential lot, at 5,825 square metres or 1.4 acres, would not be unreasonable for rural residential purposes. The additional lands would, according to the owners, act as a buffer providing greater separation and protection between the dwelling and outdoor amenity area of the parcel and lands under active cultivation on which chemicals are used. The additional lands would also provide extra area for the septic tank and weeping bed should they ever need to be re- located in the future. The proposed enlargement of an existing residential lot where no new lot is being created would be consistent with the PPS; the subject lands are designated `Agricultural' in the West Elgin Official Plan. Consents for the purposes of conveying additional lands to an adjacent lot are permitted provided: a) the conveyance does not lead to the creation of an undersized, irregularly shaped lot(s) unsuited to the purpose for which it is being used or proposed to be used, or contrary to the provisions of the Zoning By -law unless the Bylaw is otherwise amended or a variance granted; b) the lands being conveyed are registered in the same name and title as the lands to which they are being added; and c) it is stipulated in the granting of the severance that any subsequent conveyance or transaction will require a future severance (Section 10.4.2) #0008/2077 the enlarged lot would not have any apparent impacts on neighbouring agricultural uses and is of a size considered appropriate for rural residential uses. With respect to item b) and item c) above, these matters are appropriately addressed as conditions of consent, if granted. Conformity with the Official Plan is capable of being maintained. Steve Bodnar Susan Ross Proposed Severance Municipality of West Elgin 15 September 2011 page 3 4. Conclusions 5. RECOMMENDATION REASONS 1) Consistency with the Provincial Policy Statement would be maintained; #000812077 the lands being conveyed are zoned 'site specific' Agricultural (A1 -52) while the lands being enlarged are zoned Special Agricultural (A2). The lands being conveyed would require a re- zoning to A2 consistent with the zoning which applies to the lands they are being added to. The re- configured parcel would satisfy the minimum lot area, maximum lot area and lot frontage requirements (4,000 sq m, 1.0 ha and 50 m respectively) of the A2 zone; the lands being retained would satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m respectively) of the A1-52 zone. The parcel was zoned A1-52 following the creation of the lot and the restriction on the erection of a single unit dwelling remains valid and appropriate. A change in zoning is not required. the proposed conveyance of lands given the modest amount of agricultural land being added to an existing lot for rural residential purposes is considered appropriate. That the proposed consent by Steve Bodnar Susan Ross be granted subject to the following conditions and the Elgin Land Division Committee advised accordingly: a) That the lands being conveyed be re -zoned to Special Agricultural (A2) consistent with the zoning of the lands to which they are being added; b) That the lands being conveyed are merged in the same name and title as the lands to which they are being added; c) That Section 50(3) of the Planning Act, R.S.O., 1990, as amended, shall apply to any future transactions or conveyances on the subject lands. Steve Bodnar Susan Ross Proposed Severance Municipality of West Elgin 15 September 2011 page 4 ii) Conformity with the West Elgin Official Plan would be maintained; iii) The requirements of the Zoning By -law are capable of being satisfied; iv) The matters set out in the Planning Act would be satisfied. (original signed by) Ted L. Haiwa, MCIP, RPP #0008/2077 APPLICATION FOR A CONSENT Steve Bodnar Susan Ross 21159 Marsh Line Part of Lot 2, Concession X Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 ZONING Al AGRICULTURAL A2 SPECIAL AGRICULTURAL RR3 RURAL RESIDENTIAL THREE LANDS TO BE CONVEYED AND MERGED IN TITLE WITH ABUTTING RESIDENTIAL LOT semi 1:5,000 L I LANDS TO BE RETAINED i Metres 0 75 150 225 300 IS THE DWELLING SURPLUS TO THE N MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: CTagag tawDAJfqR Scsi,U /oS5 ADDRESS: 1 I5 iv1 I9R5W LIVE RP ObIVE Y1 toe i A;(94. C 0 PHONE: 5 q 76r- (o 2 7 2. LOT CONCESSION 0 ACREACE OF TOTAL PARCEL: 4 9C R 5 3. PARCEL TO BE SEVERED: ACREAGE e 5q FRONTAGE DEPTH 4. ACREAGE TO BE RETAINED: 4/5%s-6 5. REASONS FOR SEVERING AN AGRICULTURAL y RCEL SURPLUS DWELLING ONLY WHEN WAS DWELLING CO CTED? S OF THE FARM? YES NO (YEAR) IS THE DWELLING STRUCTURALLY SOUND SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES NO WHERE IS YOUR PRINCIPLE RESIDENCE? R f 4 ke #1 Mtn' 0Ai MUNICIPALITY wjS T I L GIAJ 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? ,/,6Le-vei -‹/A-A1/4 "LekAlif e_ud 4 66.), ti 4414 7 OTHER COMMENTS: DATE '4 (2 lJ Of SIGNATURE ,ke 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. ,LE6EI\W 1= SEveRED f TAIWE D AREA ,I' VE V 4Ro t OR1OAIAL 20 i5 +93 x5 /C /tS oR .1714 6 7J''i 1 M 15 September 2011 MEMORANDUM #0008/2067 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance Parezanovic Farms Inc. 23099 Queens Line south side of Queens Line (County Road No. 104) east of the Village of Rodney 1. Purpose to create a lot out of a 35.7 hectare (88 acre) parcel for the purpose of disposing a surplus farm dwelling; the lands proposed to be conveyed have a frontage of 88.7 metres (291 ft), a depth of 101.6 metres (333 ft) and an area of 9,713 square metres (2.4 acres). The parcel is occupied by a single unit dwelling erected circa 1980, barn and greenhouse. No change in use is proposed; the lands being retained would have a frontage of 393 metres (1,289 ft) and an area of 34.7 hectares (85.8 acres). The parcel is occupied by a shed and a silo. The lands have been primarily cleared for agricultural purposes with the exception of a woodlot situated in the southeastery portion of the farm adjacent to a Hydro One transmission corridor. No change in use is proposed; Parezanovic Farms purchased the lands in 2009. Mr. Parezanovic, who is principal of the farm operation, farms the lands being retained (cash crop) in conjunction with other farms owned by the corporation; neighbouring lands comprise a mix of agricultural uses, primarily cash crop. Rural residential development has taken place to a limited extent on both sides of Queens Line. No large livestock operations have been identified in the vicinity of the proposed lot. 2. Provincial Policy Statement (PPS) and Official Plan Parezanovic Farms inc. Proposed Severance Municipality of West Elgin September 15, 2011 page 2 e) minimizing the toss of productive farmland; and 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 retained is surplus to the needs of the owner whose principle residence is situated on a farm at 25468 Talbot Line. Parezanovic Farms Inc. owns six other farms in the Municipality having a total acreage of approximately 243 hectares (600 acres). In 2010, a dwelling situated at 23128 Pioneer Line (south of the subject lands) was severed from the balance of a farm by Parezanovic Farms Inc to dispose a surplus farm dwelling on that 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 a `site specific' zoning consistent with past practice in the Municipality. Granting the consent would be consistent with the PPS; the subject lands are designated 'Agricultural' in the West Elgin Official Plan. The creation of lots to dispose surplus farm dwellings in areas designated `Agricultural' is permitted provided: a) the dwelling considered surplus has been in existence for at least 10 years; b) the dwelling is structurally sound and suitable, or potentially made suitable, for human occupancy; c) no new or additional dwelling is permitted in the future on the remnant parcel which shall be ensured through an amendment to the Zoning 8y -law d) compliance with MDS 1 with respect to any livestock building, structure or manure storage facility on the remnant parcel; #000812067 f) deteriorated, derelict, abandoned farm buildings (including farm buildings and structures with limited future use potential) are demolished and the lands rehabilitated. (Section 6.2.10) based on the information provided, the abovenoted criteria are satisfied or are capable of being satisfied. The owner has advised that the dwelling is structurally sound and has been well maintained; Parezanovic Farms inc. Proposed Severance Municipality of West Elgin September 15, 2011 page 3 #0008/2067 the dwelling on the lands being conveyed is connected to the municipal piped water supply. Confirmation will be required to ensure that the sanitary waste disposal system is wholly contained on the proposed lot which, based on the dimensions would appear to be the case. This matter is appropriately addressed as a condition of consent, if granted; the proposed lot has an existing entrance to Queens Line (County Road No. 104) a public road with year round maintenance. The lands being retained have a separate field entrance immediately east of the proposed residential lot and no new or additional entrances are required or proposed; conformity with the West Elgin Official Plan is capable of being maintained. 3. Zoning By -law the subject lands are zoned Agricultural (Al). The proposed residential lot would require a re- zoning to Special Agricultural (A2) given its main 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 draft survey provided, all other setback requirements are capable of being satisfied; the lands being retained would satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m respectively) of the Al zone. A shed is situated 8.2 metres (27 ft) from the proposed lot line whereas a minimum side yard width of 15 metres (49 ft) is required. Provided the external dimensions of the shed do not change, Section 4.15 a) of the Zoning By -law provides the necessary relief in cases where there are non complying buildings resulting from the creation of new lots. 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. The owner is aware of this restriction. 4. Conclusions the proposed severance would represent a type of lot creation which is both contemplated and permitted by the Provincial Policy Statement (PPS) and the West Elgin Official Plan. Parezanovic Farms inc. Proposed Severance Municipality of West Elgin September 15, 2011 page 4 5. RECOMMENDATION (original signed by) Ted L. Halwa, MCIP, RPP #0008/2067 That the proposed consent by Parezanovic arms Inc. be granted subject to the following conditions and the Elgin Land Division Committee advised accordingly: i) That the requirements of the Municipality, if any, are satisfied with respect to the existing on- site sanitary waste disposal system serving the dwelling on the lands being conveyed; ii) That the lands being conveyed be re -zoned to Special Agricultural (A3) to permit their size and use for residential purposes; iii) That the lands being retained be re -zoned `site- specific' Agricultural (A 14) to prohibit the erection of a dwelling thereon in the future. REASONS i) Consistency with the Provincial Policy Statement would be maintained; ii) Conformity with the West Elgin Official Plan would be maintained; iii) The requirements of the Zoning By -law are capable of being satisfied; iv) The matters set out in the Planning Act would be satisfied. APPLICATION FORA CONSENT Parezanovic Farms Inc. 23099 Queens Line Part of Lot 10, Concession VIII Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 ZONING Al AGRICULTURAL RR3 RURAL RESIDENTIAL THREE APPLICATION FOR A CONSENT Parezanovic Farms Inc. 23099 Queens Line Part of Lot 10, Concession VIII Municipality of West Elgin Municipality of WEST ELGIN FIGURE 2 Site Photos: August 30, 2011 Surplus Dwelling Barn PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: 7 OTHER COMMENTS: MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES cL,30_ N641NI PAI.ITY OF WgSTC6NId JUL 8 2011 NAME: Pt7-'( ,n6 V 1 C.. F -rn l S I ti'1 c ADDRESS: era j J KIP 3 ,4- f) PHONE: .57'1 /g)- 9 77.-3r69 3 of 2. LOT /D CONCESSION F ACREAGE OF TOTAL PARCEL: 7? 3. PARCEL TO BE SEVERED: ACREAGE am 34 'c T' RONTAGE f9' Q-4 DEPTH 5 33 5 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 f'% NO WHEN WAS DWELLING CONSTRUCTED? y j O (YEAR) IS THE DWELLING STRUCTURALLY SOUND SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES ycr5 NO WHERE IS YOUR PRINCIPLE RESIDENCE? ,q 5 T 1 e+ e e MUNICIPALITY (AltS't F L I t C13 e4 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? 3 e,(I; n r P r�Ce-zc,-,n0 4 lc. Fa 4',n\s z DATE 3 .O I( SIGNATURE eC f /v. pce_� A c r 1 .4. -f (Di Y,.� pk,^ -04 NOTE: There is no charge for the first time Council reviews a proposed severance application. he 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. 0 o g O z U W i I I ?Y S Z 8 F g MI 2 8 V 4 Q 15 September 2011 MEMORANDUM 1. Purpose #000812082 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance Roodzant Farms Limited 21837 Pioneer Line south side of Pioneer Line (County Road No. 2) west of Furnival Road to create a lot out of a 80.3 hectare (198 acre) parcel for the purpose of disposing a surplus farm dwelling; the lands proposed to be conveyed have a frontage of 90 metres (295 ft), a depth of 92 metres (302 ft) and an area of 8,280 square metres (2.0 acres). The parcel is occupied by a single unit dwelling erected circa 1984, barn and shed. A greenhouse was recently removed. No change in use is proposed; the lands being retained would have a frontage of 1,010 metres (3,314 ft) and an area of 79.3 hectares (196 acres). The parcel is devoid of buildings and structures and has been cleared for agricultural purposes with the exception of pockets of woodlands and scrublands associated with several watercourses. No change in use is proposed; the principal of Roodzant Farms Limited, Ed Roodzant, farms the lands in conjunction with other farms owned by the corporation totally approximately 486 hectares (1,200 acres) in West Elgin; neighbouring lands comprise a mix of agricultural uses, primarily cash crop. Rural residential development is limited in the area. A cemetery is situated east of the proposed residential lot on the north side of Pioneer Line. No large livestock operations have been identified in the vicinity of the proposed lot. 2. Provincial Policy Statement (PPS) and Official Plan Roodzant Farms Limited Proposed Severance Municipality of West Elgin September 15, 2011 page 2 #0008/2082 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 deli ded by the PPS as: the acquisition of additional farm parcels to be operated as one farm operation; in this instance, the dwelling and outbuildings on the lands being conveyed are surplus to the needs of the farm operation. Mr. Roodzant's principle residence is located on a farm owned by the corporation at 22321 Marsh Line; 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 'site specific' zoning consistent with past practice in the Municipality. The application would be consistent with the PPS; the subject lands are designated 'Agricultural' in the West Elgin Official Plan. The creation of lots to dispose surplus farm dwellings in areas designated 'Agricultural' is permitted provided: a) the dwelling considered surplus has been in existence for at least 10 years; b) the dwelling is structurally sound and suitable, or potentially made suitable, for human occupancy; c) no new or additional dwelling is permitted in the future on the remnant parcel which shall be ensured through an amendment to the Zoning By -law; d) compliance with MDS I with respect to any livestock building, structure or manure storage facility on the remnant parcel; e) minimizing the loss of productive farmland; and t) deteriorated, derelict abandoned farm buildings (including farm buildings and structures with limited future use potential) are demolished and the lands rehabilitated. (Section 6.2.10) Roodzant Farms Limited Proposed Severance Municipality of West Elgin September 15, 2011 page 3 based on information provided by Ed Roodzant, the abovenoted criteria are satisfied or are capable of being satisfied. The dwelling is structurally sound and a potential buyer has expressed interest in purchasing it; the dwelling is serviced by an on -site water supply (well) and sanitary waste disposal system. Confirmation will be required to ensure that the existing sanitary waste disposal system (located behind the dwelling) is wholly contained on the proposed lot which, based on the sketch map provided, would appear to be the case. This matter is appropriately addressed as a condition of consent, if granted; the proposed lot has an existing entrance to Pioneer Line (County Road No. 2) a public road with year round maintenance. The lands being retained are accessed by a separate field entrance and no new or additional entrances are required or proposed; based on the foregoing information, conformity with the West Elgin Official Plan is capable of being maintained. 3. Zoning By -law #0008/2082 the subject lands are zoned Agricultural (A1). The proposed residential lot would require a re- zoning to Special Agricultural (A2) given its main 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; the dwelling is situated 3.6 metres (12 ft) from the proposed side lot line whereas a minimum side yard width of 15 metres (49 ft) is required in the A2 zone. Provided the external dimensions of the dwelling do not change, Section 4.15 a) of the Zoning By -law provides the necessary relief in cases where there non complying buildings result from the creation of new lots. Based on the sketch provided, all other setback requirements 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 Roodzant Farms Limited Proposed Severance Municipality of West Elgin September 15, 2011 page 4 4. Conclusions 5. RECOMMENDATION #0008/2082 would be required to prohibit a dwelling being erected on the parcel in the future as stipulated by the PPS and the Official Plan. Mr. Roodzant is aware of this restriction. the proposed severance would represent a type of lot creation which is both contemplated and permitted by the Provincial Policy Statement (PPS) and the West Elgin Official Plan. That the proposed consent by Roodzant Farms Limited be granted subject to the following conditions and the Elgin Land Division Committee advised accordingly: i) That the requirements of the Municipality, if any, are satisfied with respect to the on -site sanitary waste disposal system serving the dwelling on the lands being conveyed; 10 That the lands being conveyed be re -zoned to Special Agricultural (A2) to permit their size and use for residential purposes; ill) That the lands being retained be re -zoned `site specific' Agricultural (A 1 to prohibit the erection of a dwelling thereon in the future. REASONS i) Consistency with the Provincial Policy Statement would be maintained; ii) Conformity with the West Elgin Official Plan would be maintained; iii) The requirements of the Zoning By -law are capable of being satisfied; Roodzant Farms Limited Proposed Severance Municipality of West Elgin September 15, 2011 page 5 iv) The matters set out in the Planning Act would be satisfied. (original signed by) Ted L. Halwa, MCIP, RPP #0008/2082 APPLICATION FOR A CONSENT Roodzant Farms Limited 21837 Pioneer Line Part of Lot 4 part of Lot 5, Concession IX Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 .K.k ...,,T4,--:.,... o,,a,,,..:1.--;:t:ek...,,,- ,m., .„,mumminad All il ZONING iiii07 0:en'.,. Al AGRICULTURAL RR3 RURAL RESIDENTIAL THREE .,.1 VILLAGE:OA,' R91:1NEY-,... 485 LOT CONCESSION LANDS TO BE CONVEYED 5 117 L 1 LANDS TO BE RETAINED 0 1:10,000 150 300 450 Metres 600 APPLICATION FOR A CONSENT Roodzant Farms Limited 21837 Pioneer Line Part of Lot 4 part of Lot 5, Concession IX Municipality of West Elgin Municipality of WEST ELGIN FIGURE 2 Site Photos: September 13, 2011 Surplus Dwelling Barn ADDRESS: 22 32 rf PHONE: 6/ r 7 OgPg3 NIUNMCBPALITY F WEST ELGIN APPLICATION FOR Pi OPOSE SEVEi"I ;LACES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: #20d 0,1 Gpi 1-/ led DATE JLI f� /c/9.- c/ bit SIGNATURE 2. LOT CONCESSION 7 ACREACE OF TOTAL PARCEL: l8 3. PARCEL TO BE SEVERED: ACREAGE FRONTAGE go i4'+ DEPTH 9471 Vol 4. ACREAGE TO BE RETAINED: as5 5 0,4 ,ot x 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES 1" NO WHEN WAS DWELLING CONSTRUCTED? g (YEAR) IS THE DWELLING STRUCTURALV SOUND SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES V/ NO WHERE IS YOUR PRINCIPLE RESIDENCE? 2-2? 2 4 'g 9-39 s 4r 4 4, 7 7 e A3 MUNICIPALITY Lr/P 5 71- 62/9 r)" 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? /de d� n n l �o cy -r s t S4, ria /k 5 r 1-4 e/A 5j 7 OTHER COMMENTS: 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 $1 00.00 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. Or L't -E-----2-46-4---- r r 1 ..i. .+...4 A. Y I .4 4' ■-rs er /Y 7 A. tV, 1 1 e et fe0 I) e l:7-- a e t r „c; I Rd 1-eemd Aar4771=rred_ Se ve pec,r e 69” r1 /4: e er4 e 1 i f I r Pio J-7 e 1.- Tii -f cf C2C) tr Oct/ s dcf., et/ I...tee 5 i" /lei 7 %,..4 1 4-, s i /I a L erg L 1 0 16 September 2011 MEMORANDUM 1. Purpose #000812066 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance John Barbara Campbell 24933 Queens Line (part of Lot 17, Concession VIII) south side of Queens Line west of Furnival Road to re- configure six existing lots into three larger lots (Figure 1) the proposed re- configuration would require an Application for Consent to sever Parcel A from Parcel G which presently constitute one lot under the same ownership. The remaining consolidations can occur by way of simple real estate transactions between the respective owners; the subject lands, comprising a total of 2.0 ha (5 acres), were evidently subdivided in the 1960s by a family member prior to subdivision control (i.e. before municipal or provincial approval became a requirement). There are two dwellings situated on the lands, one on Parcel A and the other on Parcel D (Figure 2). A previous dwelling situated on Parcel B apparently was destroyed by fire. The remainder of the lands lie undeveloped with a significant portion being wooded; since the original subdividing of the lands, Parcel A and Parcel G were registered under the same name and title, inadvertently merging them into one parcel; in addition to the abovenoted consent, the following land transactions (i.e. consent not required) are proposed by the owners: John Barbara Campbell- Proposed Severance Municipality of West Elgin 16 September 2011 page 2 #0008/2066 1) Parcel A and Parcel B, registered under the names of J. B. Campbell J. Campbell respectively, would be merged in name and title resulting in one lot. The enlarged lot would be occupied by an existing single unit dwelling (24933 Queens Line). ii) Parcel D and Parcel E, registered under the names of B. Campbell J. S. Blain respectively, would be merged in name and title resulting in one lot. The enlarged lot would be occupied by an existing single unit dwelling (24951 Queens Line). iii) Parcel C and Parcel F, registered under the names of R. D. Bogart B. Campbell respectively, would be merged in name and title with Parcel G. 2. Provincial Policy Statement (PPS) and Official Plan under the Provincial Policy Statement (PPS), lot adjustments in prime agricultural areas may be permitted for legal or technical reasons (Section 2.3.4.2). `Legal or technical' reasons are defined by the PPS as severances for purposes such as easements, corrections of deeds, quit claims and minor boundary adjustments which do not result in the creation of a new lot; the reduction in the number of lots from six to three is considered desirable and appropriate insofar as it would eliminate five undersized lots, four of which (Parcels' 8, C, E and F) are land- locked' being without legal frontage on an open public road. No new lots would be created. Granting the application for consent (along with the additional land transactions proposed) would be consistent with the PPS; the subject lands are designated `Agricultural' in the West Elgin Official Plan. Consents for the purposes of conveying additional lands to an abutting lot are permitted provided: a) the conveyance does not lead to the creation of an undersized, irregularly shaped lot(s) unsuited to the purpose for which it is being used or proposed to be used, or contrary to the provisions of the Zoning By -law unless the Bylaw is otherwise amended or a variance granted; b) the lands being conveyed are registered in the same name and title as the lands to which they are being added; and John Barbara Campbell- Proposed Severance Municipality of West Elgin 16 September 2011 page 3 3. Zoning By -law 4. Conclusions c) it is stipulated in the granting of the severance that any subsequent conveyance or transaction will require a future severance (Section 10.4.2) #000812066 the proposed re- configuration and resulting reduction in the number of Tots are far more appropriate and suitable for rural residential purposes than the existing lot structure. With respect to item b) and item c) above, these matters are appropriately addressed as conditions of consent, if granted; a large portion of the subject lands are classified as 'Woodlands' while a small portion is part of a large provincially significant wetland, the West Lorne Wetlands'. The re- configuration of existing lots in the manner proposed would have no greater impact on these natural heritage features than the existing configuration, in fact less potential impact. The construction of a dwelling on Parcel G may require the approval (i.e. permit) from the Lower Thames Valley Conservation Authority in Tight of the proximity of the West Lorne Wetlands'. Enlarging the parcel would, however, allow for greater separation distance to the wetland boundary and should facilitate obtaining the required permit. the subject lands are zoned, in part, Rural Residential Three (RR3), Rural Residential Three Holding (RR3 -H) and Agricultural (Al). A rezoning will be required in light of the new parcels being created to maintain compliance with the Zoning By -law. the proposed conveyance of lands and lot consolidations in title being proposed are appropriate and desirable and would correct a long- standing non complying and undesirable situation for both the Municipality and the owners in terms of parcel size and frontage on a public road. Six lots would be reduced to three lots; all with frontage along and access to a public road. The re- configured lots would be more adequately sized for building purposes, on -site water supply and sanitary waste disposal systems. 5. RECOMMENDATION John Barbara Campbell- Proposed Severance Municipality of West Elgin 16 September 2011 page 4 That the proposed consent by John Barbara Campbell to sever Parcel A from Parcel G be granted subject to the following conditions and the Elgin Land Division Committee be advised accordingly: REASONS (original signed by) Ted L. Halwa, MCIP, RPP a) That the lands being conveyed (Parcel A) are merged in the same name and title as the lands to which they are being added (Parcel B); b) That appropriate zoning be applied to maintain compliance with the Zoning By -law; c) That Section 50(3) of the Planning Act. R.S.O.. 1990, as amended, apply to any future transactions or conveyances on the subject lands; d) That Parcel D and Parcel E be merged in the same name and title to the satisfaction of the Municipality; e) That Parcel C and Parcel F be merged in the same name and title with Parcel G to the satisfaction of the Municipality. ii) Consistency with the Provincial Policy Statement would be maintained; iii) Conformity with the West Elgin Official Plan would be maintained; iv) The requirements of the Zoning By -law are capable of being satisfied; v) The matters set out in the Planning Act would be satisfied. #0008/2066 i) The proposed severance and consolidations would eliminate 5 existing undersized parcels some of which are without legal frontage on a public road into three larger parcels more suitable for the purposes they are used and intended; APPLICATION FOR A CONSENT John Barbara Campbell 24933 Queens Line Part of Lot 17, Concession VIII Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 ZONING Al AGRICULTURAL A2 SPECIAL AGRICULTURAL RR3 RURAL RESIDENTIAL THREE EXISTING LOTS PROPOSED LOTS LOT 10- PARCELS LOT Q PARCELS LOT Q- PARCELS I' 9 0.21 r ZONE BOUNDARY WOODLANDS (MUNICIPALITY OF WEST ELGIN OFFICIAL PLAN) WEST LORNE WETLANDS (MUNICIPALITY OF WEST ELGIN OFFICIAL PLAN) 0 30 60 90 1 :2,000 Metres 120 APPLICATION FOR A CONSENT John Barbara Campbell 24933 Queens Line Part of Lot 17, Concession VIII Municipality of West Elgin Municipality of WEST ELGIN FIGURE 2 TAW Site Photos: August 30, 201"f 24933 Queens Line (Parcel A) 24951 Queens Line (Parcel D) 7. OTHER COMMENTS: DATE MUNICIPALITY IF WEST ELGIN APPLICATION FIR PROPOSE SEVE ICES SIGNATURE PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: Joh �J y r ��v-�_ L rrf /'ii ADDRESS: ill r4 rQ e i 1e5 7 /61 Yp✓ e, PHONE: 6 9 (o g /S cry— MUNIGIPHL.IIY OF WEST ELGIN REGEIVEO JUL i 9 2011 2. LOT /7 CONCESSION f At; ACREACE OF TOTAL PARCEL: //ease 3. PARCEL TO BE SEVERED: e&.5 ACREAGE 0 FRONTAGE 79,5d DEPTH /O i, ,e) 4. ACREAGE TO BE RETAINED: 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? NOTE: There is no charge for the first time Council reviews a proposed se'v'erance 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. oe) lee- Ai P7 hi L ,PO L =.,1 A. A t„‘ 225 1 dolb 5 c to Of20- 0 I‘D VIMPIIMOIMP ‘c)67o-o22. ANNOINUMME. otoo-o24 o‘o-o20 0610 7042.3 z 10 OGO 0 j. C rXer'. .11•01••. 19 September, 2011 MEMORANDUM TO: Members Committee of Adjustment Municipality of West Elgin FROM: Ted L. Ha lwa #0008/2078 SUBJ: Application for a Minor Variance: Breck's Ltd. (Gardens Alive, Applicant) A 2/2011 9353 Graham Road -west side of Graham Road (County Road No. 76) south of Talbot Line Hamlet of Eagle 1. PURPOSE to permit the use of refrigerated tractor trailers (known as 'reefers') on a seasonal basis to store horticultural products not grown or otherwise produced on site notwithstanding the lands are zoned Agricultural (A1 -6) and an agricultural use and accessory uses are permitted uses. 2. SITE CHARACTERISTICS (Figure 1 Figure 2) the subject lands comprise an area of 11.3 hectares (27.9 acres), a frontage of 853 metres (2,799 ft) and a depth of 153 metres (502 ft). Current uses include a retail garden centre and gift shop, restaurant and banquet facility operated by Lakeview Gardens and the storage and distribution of horticultural products operating as Breck's Bulbs. The parcel is registered under the name of Breck's Ltd. with Gardens Alive acting as Applicant with respect to the minor variance being requested; Breck's Ltd. is based in Lawrenceburg, Indiana. The current business was purchased in 2010 and relocated from Port Burwell to Eagle. The base of operations was originally established and operated as Swain's Greenhouses for decades before the subject lands were acquired by Lakeview Gardens. Breck's Ltd subsequently acquired the lands with Lakeview Gardens remaining on -site as a tenant; Breck's Bulbs operates essentially a mail order business importing flower bulbs and plants from Breck's Ltd (Gardens Alive, applicant), A-2/2011 Municipality of West Elgin September 19, 2011 page 2 3. ANALYSIS #0008/2078 elsewhere (namely Holland) and storing and packaging them on site before shipping to customers across Canada. It hires up to 45 seasonal employees in the spring and 25 -30 in the fall depending on the number of orders which require filling; the minor variance, if granted would allow for the placement of up to a maximum of four reefers on the lands in compliance with the Zoning By -law on a seasonal basis during the periods March 1 to June 1 and September 15 to October 31 The reefers, which have the appearance of truck trailers, provide cold storage for horticultural products (e.g. flower bulbs). It is proposed to park the reefers in two locations adjacent to the warehouse situated at the south end of the cluster of buildings and greenhouses which occupies the north end of the parcel. The reefers would operate intermittently: during cooler weather, generally 5 minutes every other hour and during warmer weather, 10 minutes every hour. Outside the periods they would be in use, they would be removed from the parcel; neighbouring lands to the west, south and east are in agricultural use. institutional uses lie on the east side of Graham Road and include the Eagle Community Centre and St. Elijah Orthodox Church. The nearest dwelling (9336 Graham Road) is situated to the northeast approximately 80 metres (262 ft) from the nearest of the two proposed reefer locations. Abutting the parcel on the north are three vacant parcels, one of which is situated at the corner of Talbot Line and Graham Road and zoned Hamlet Commercial (C1). The other two parcels are zoned Hamlet Residential (HR); the minor variance being requested originated from a noise complaint by a neighbouring resident complaining of the noise generated by three diesel reefers "running at all hours of the day and night Breck's Ltd. was subsequently advised that the reefers were not permitted under the 'site specific' Agricultural (A1 -6) Zone of the parcel (qualifying neither as an `agricultural use' or as an 'accessory use') and were advised to remove them from the site or, alternatively, apply for a minor variance to permit them. Breck's Ltd (Gardens Alive, applicant), A- 2/2011 Municipality of West Elgin September 19, 2011 page 3 under the Provincial Policy Statement (PPS), the application potentially raises issues that are of provincial interest, namely: Healthy, livable and safe communities are sustained by. ...avoiding development and land use patterns which may cause environmental or public health and safety concerns (Section 1.1.1) in the West Elgin Official Plan, the subject lands are situated partially in the designated 'Hamlet' of Eagle and partially in the 'Agricultural' designation. The location of the reefers would be within the portion of the parcel designated 'Hamlet'. While the primary uses within areas designated 'Hamlet' are for the purposes of single unit dwellings; small -scale commercial and industrial uses are also permitted. The nature of the use being engaged in by Breck's Bulbs would normally fall within the meaning of 'industrial'; the following criteria for the purposes of evaluating applications for minor variances are set out in the Official Plan, namely: a) whether the variance is "minor'; b) whether the general intent and purpose of this Plan is maintained, c) whether with the general intent and purpose of the Zoning By -law are maintained, d) whether the variance is desirable for the appropriate use and development of the lands and neighbouring lands, e) whether compliance with the Zoning By -law would be unreasonable, undesirable or would impose undue hardship, and 1) whether the variance would result in a substantial detriment, hazard or nuisance that would detract from enjoyment, character or use of neighbouring lands. in granting applications for minor variances, conditions may be imposed where the Committee deems it advisable to ensure the intent of the above -noted criteria are satisfied or will be satisfied. (Section 10.5.7) #000812078 in light of the noise complaint received, the key issue at hand is the extent to which the noise generated by the reefers when in operation are detrimental or create a nuisance to neighbouring uses, in particular, residential uses. In the absence of a noise impact assessment, it is not possible Breck's Ltd (Gardens Alive, applicant), A- 2/2011 Municipality of West Elgin September 19, 2011 page 4 to make this determination; #0008/2078 the subject lands are zoned 'site- specific' Agricultural (A1 -6). Permitted uses include a 'restaurant' and all other permitted uses of the Al zone applied at the time the lands were owned and operated as Swain's Greenhouses. The activity being engaged in by the new owner from which the noise generation is associated with does not constitute an 'agricultural use' as defined and permitted by the Zoning By -law as the bulbs are not grown or otherwise produced on the premises. Rather, the use is best defined as a 'general industrial use' being: the use of land, buildings, or structures designed, used, or intended for the purpose of manufacturing, assembling, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or storing or adapting for sale of any goods, substance, article or thing, including the storage and construction equipment and materials. in support of the application, the Applicant has advised that the refrigerated units do not operate continuously throughout the year but rather on a seasonal basis at intermittent intervals dependent on prevailing weather conditions and the amount of product stored within at any given time. Refrigerated storage is required to keep the Flower bulbs in a dormant state until they are shipped to customers. In the fall, a maximum of two reefers are required while in the busier spring a maximum of four are potentially required; in addition, the proposed location of the reefers has been moved further south and away from the original location which triggered the noise complaint. A maximum of three reefers would be parked to the north of the warehouse and a maximum of one reefer would be parked in the loading docks at the south end of the warehouse. The location of this latter reefer should significantly reduce any unacceptable noise impacts on neighbouting uses due to the intervening warehouse. It is evidently not feasible to locate the reefers any further south on the parcel and substantially away from neighbouring uses; while a Noise By -law (No. 2004 -77) is in effect in the Municipality, the By -law does not specifically prohibit the operation of refrigerated trucks. Furthermore, the By -law exempts the operation of any equipment used in agriculture. Where the term agriculture is not specifically defined, the interpretation taken by the Municipality is that the exemption applies to lands zoned for agricultural purposes; Breck's Ltd (Gardens Alive, applicant), A- 2/2011 Municipality of West Elgin September 19, 2011 page 5 the Ministry of Environment and Energy has established Sound Level Limits For Stationary Sources In Class 3 Areas (Rural) (Publication NPC -232, 1995). Determining the limits in a specific instance are technical in nature and best determined by a qualified acoustical engineer. in the event sound levels are found to be beyond MOE guidelines, potential mitigating measures potentially could include reduction at source or the erection of an acoustical wall or enclosure; in the absence of any detailed noise analysis to determine the impact of the proposed refrigerated trucks on neighbouring properties, granting the application is considered premature at this time. RECOMMENDATION That the application of Breck's Ltd. (Gardens Alive, Applicant) A 2!2011 be deferred pending the submission of a noise impact assessment prepared by a qualified acoustical engineer that: i) determines whether sound levels generated by the reefers are within the limits established by the Ministry of Environment and Energy guidelines for stationary sources; ii) identifies mitigating measures, if necessary, capable of reducing sound levels adversely impacting neighbouring uses to acceptable levels, with such measures to be implemented by the owner. (original signed by) Ted L. Halwa, MCIP, RPP #0008/2078 APPLICATION FOR A MINOR VARIANCE: A- 212011 Breck's Ltd. (Gardens Alive, Applicant) 9353 Graham Road, Eagle Part of Lot 18, Concession VIII Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 ZONING AT AGRICULTURAL C1 HAMLET COMMERCIAL HR HAMLET RESIDENTIAL 1 INSTITUTIONAL Al LOT 18 CONCESSION XIII 1 p SUBJECT LANDS 1:5,000 Metres 0 75 150 225 300 APPLICATION FOR A MINOR VARIANCE: A- 212011 Breck's Ltd. (Gardens Alive, Applicant) 9353 Graham Road, Eagle Part of Lot 18, Concession XIII Municipality of West Elgin Municipality of WEST ELGIN FIGURE 2 AIR PHOTO: 2006 SUBJECT LANDS 1:1,500 Metres 0 9 18 27 36 45 APPLICATION FOR A MINOR VARIANCE: A Breck's Ltd. (Gardens Alive, Applicant) 9353 Graham Road, Eagle Part of Lot 1, Concession XIII Municipality of West Elgin Municipality of WEST ELGIN FIGURE 3 warehouse proposed reefer location 1 warehouse fronting on Graham Road Site Photos: September 13, 2011 proposed reefer location 2 existing reefer 19 September, 2011 _,IiL' MEMORANDUM #000812033 TO: Members of Council Municipality of West Elgin FROM: Ted Halwa RE: Seaside Waterfronts Inc. Draft Plan of Subdivision and `Common Elements' Plan of Condominium Part of Lot 6, Con XIV Port Glasgow The Municipality of West Elgin, along with a number of other provincial ministries and public agencies, has now been formally circulated the above referenced draft plans by the Ministry of Municipal Affairs and Housing for review and comment. The plans were initially submitted by Seaside in November of 2010 but were subsequently returned by the Ministry the following month for reasons of incompleteness. The Ministry accepted the plans as being complete on 27 May 2011 and circulated them to the Municipality and others on 4 August 2011. The Ministry is the approval authority. While the Ministry has requested preliminary comments by 29 August 2011 and final comments by 4 October 2011, it has been advised that these dates are not practical for the Municipality to comply with. A critical responsibility of the Municipality in the approval process will be to convene the statutory public meeting (a minimum of one). This responsibility is a delegated one from the Ministry to the Municipality. Formal notification from the Ministry to convene the public meeting has yet to be received. In consultation with Ms. Bryant, we have assumed that Council would not be in a position to provide formal comments until after the public meeting and any issues that have been raised taken into account. B9 Seaside Waterfronts Inc Draft Plans of Subdivision /Condominium Part of Lot 6, Con XIV, Municipality of West Elgin 19 September, 2011 page 2 In addition, the plans submitted anticipate a significant development in Port Glasgow and are unprecedented in terms of the nature and scale of development being proposed and have potentially significant implications to the Municipality. While the formal plans are not materially different from the proposed plans submitted at the pre application stage, supporting technical reports have been up -dated and a key report, entitled "Functional Servicing Report" and addressing water supply, sanitary waste disposal, stormwater management and roads has been completed and made available. A careful and thorough review is considered essential. A staff review has commenced with meetings convened in the municipal offices on 30 August 2011 and 13 September 2011. In attendance have been Mike Kaiita (water), Paul Van Vaerenbergh (roads), Jeff Slater (parks, recreation and fire), John Unger (stormwater management and drainage), Norma Bryant (administration) and Jo -Ann Groch (administration). While not in attendance, John Spriet Sr. has provided input on road related issues. Since the formal submission of the draft plans, Seaside Waterfronts Inc. has submitted an Application for an Amendment to the Zoning By -law. The application is being reviewed for completeness. It is intended to be evaluated and processed in tandem with the draft plans. A public meeting will be required. In light of the changes on Council since the plans were first presented at the pre application stage, it would seem appropriate to provide the current Council with an overview and up -date along with the concerns and issues that have been identified to date and the extent to which they have been resolved or appear capable of being resolved. The overview has been listed on Council's agenda for 22 September 2011, (original signed by) Ted L. Halwa MCIP, RPP #0008/2033 I Fisheries and Oceans Pdches et Oceans Canada Canada 304 -3027 Harvester Road P.O. Box 85060 Burlington, Ontario L7R 4K3 August 4, 2011 Norma I. Bryant Clerk The Municipality of West Elgin 22413 Hoskins Line Box 490 Rodney Ontario NOL 2C0. Dear Ms. Bryant: It is our understanding that your proposal consists of: as outlined in the following plans: Canad °a Your file Votre reference Our file Notre reference LO -09 -0811 Subject: Proposal for the expansion of the Port Glasgow Marina AUG Fisheries and Oceans Canada (DFO) received a proposal to expand the Port Glasgow Marina entrance. To expedite future correspondence or inquiries, please refer to your referral title and file numbers when you contact us. Habitat File No.: LO 09 0811 Referral Title: Marina Entrance Modifications, Port Glasgow, Municipality of West Elgin Removal of much of the existing east breakwall and expansion of both the east and west breakwalls resulting in the infilling of nearly 2000 square meters at the harbour entrance Port Glasgow Marina Entrance, Environmental Study Report, Municipality of West Elgin, December 23, 2009. Letter dated November 7, 2008 re: Sediment Transport Impact Assessment from Shoreplan Engineering Ltd. .../2 L 2 If these plans have changed since the time of submission, the advice in this letter may no longer apply and you should consult with us to determine if further review is required. I have concluded that your proposed works will likely result in the harmful alteration, disruption or destruction (HADD) of fish habitat. The HADD of fish habitat is prohibited unless authorized by the DFO pursuant to Subsection 35(2) of the Fisheries Act. Authorizations are not issued unless acceptable measures to compensate for the habitat losses are implemented by the proponent. As such your proposal should include a plan to provide fish habitat compensation for this loss. Our modelling shows that compensation should be equivalent to creating 500 square meters of newly created wetland from the dry or some other form of compensation. Presently there are no aquatic species at risk that maybe impacted by this proposal. If you wish to proceed with this project you should apply to DFO for a 35(2) authorization. I have attached a copy of this application for your convenience. Please be advised that subsection 35(2) of the Fisheries Act has been included in the list of laws that trigger the Canadian Environmental Assessment Act (CEAA). This means that Fisheries and Oceans Canada is required to conduct an environmental assessment of your project, as prescribed by CEAA, before deciding to issue an authorization. Your application and supporting documentation would also be included in the Canadian Environmental Assessment Registry. DFO prefers to avoid the HADD of fish habitat or diminish the size and impact of the HADD. If the plan is revised to avoid these effects, then a HADD is not likely and an authorization and CEAA review are not needed. Our preference is that any newly created compensation be constructed and is functioning in advance of construction activities that would create a HADD. Please resubmit your proposed compensation plan for review and include any measures to redesign or relocate your project to avoid a HADD. If you have any questions concerning the above, please contact me directly by telephone at 905 639 -8267, or by fax at 905 639 -3549 or email at Dave.Gibson@ dfo- mpo.gc.ca. Canath Yours sincerely, Dave Gibson A/lmpact Assessment Biologist Canada 3 Attachment(s): Request for Authorization for Works or Undertakings affecting Fish Habitat Copy: Ted Halwa, Community Planners Inc. (by email) Don Speller, Tarandus (by email) Valerie Towsley, Lower Thames Valley Conservation Authority (by email) Sep. 14. 2011 11:47AM County of Elg'H No. 8003 P. 2/2 7„ 09 01 (Low ElginCOUntY September 13, 2011 To: All Clerks and Councils of Municipalities in the County of Elgin Elgin County Council is hosting the 2011 Warden's Banquet honouring Warden Dave Mennill. if you wish to join us in recognizing Warden Mennill's contributions to the Elgin Community, the cost for dinner is $20.00 per person and tickets are sold in advance. You may order through the Administrative Services Department at 519 -631 -1460 ext. 161, or in person at the above address. The final day to order tickets will be October 21 2011, by 12:00 noon. The Banquet will be held on Friday, November 4 2011 at: Malahide Community Place 12105 Whittaker Road, Springfield, Ontario Reception 5:30 6:15 P.M. Dinner 6:30 P.M. Entertainment: 'The Jammin in the Cabin Band' To purchase a ticket(s) for the evening, please contact Marilyn or Jennifer at the above phone number. Yours truly, Susan McConnell, Secretary Social Entertainment Committee County of Elgin Adminlstiativo ScfVioe8 450 Sunset Dave SI. Thomat On rMSR 5V1 Phone: 519.631 -1460 www.Qlgi n-coun ly on.oa oz Norma Bryant From: "Joanne Groch" <jgroch @westelgin.net> To: "Norma Bryant" <nbryant @westelgin.net> Sent: Wednesday, September 14, 2011 3:52 PM Subject: Fw: Women's Institute Original Message From: Mott, Nancy To: igroch aQwesteloin.net Sent: Thursday, September 08, 2011 2:40 PM Subject: Women's Institute Hi Joanne hope all is well with you. Shirley Walker from the Women's Institute gave me a call. They are no longer having the dinners for the Kiwanis on Thursday nights (so therefore have no income). The Kiwanis Club now meets Thursdays from 10 —12 instead of their evening dinners. Shirley wanted to know if they could use the room for card parties to raise money for the Women's Institute. if they can't do it here, they may have another spot they can use. Please let me know your thoughts. Thanks, Nancy Nancy Mott West Elgin Support Services Employment Services Elgin 160 Main Street West Lorne, ON NOL 2P0 Phone 519- 768 -0020 Fax 519- 768 -0401 1 146• 1 VL 1 D.� 9/15/2011 SCHEDULE "A to BY -LAW NO. 2011 -12 MUNICIPALITY OF WEST ELGIN POLICY MANUAL Chapter: Section: Subject: Recreation Facilities Exemption from Fees Index No. Effective Date: Revision Date: Page: RE -1.1 Aug 23/07 1 of 2 1 PURPOSE: 1.01 To provide direction for the use of West Elgin facilities at no cost. 2 POLICY: 2.01 Permission to use the meeting rooms and at the West Elgin Recreation Centre (Rodney), Rodney Town Hall and the West Elgin Community Complex (West Lome) -<<nd main floor area in the West Elgin Recreation Centre, at no cost, shall be based an the following principle: (a) Non -profit organizations based in the municipality (b) Local service clubs (c) Committees associated with Council (d) Local business, being property assessed on a commercial and /or industrial basis 2.02 For reference the use of meeting rooms includes, but is not limited to the following: (a) Youth recreation organizations, such as hockey, figure skating, gymnastics and soccer (b) Service clubs, such as Optimists, Kiwanis (c) Women's Institute, LODE, Seniors (d) Horticultural Society, Library Boards, Chamber of Commerce (e) West Elgin Support Services and partners (f) Environmental Group, West Lome Octoagons, TOPS (g) Bereavement Resource Council of Elgin West Elgin Chapter (h) Citizens for Rural Education (i) Optimist Centre Ice Teen Centre (j) St. John Ambulance, Red Cross for training purposes (k) Local businesses for training purposes (1) Camera Club (m) Evergreen Cemetery Board (n) Gillies Cemetery Board (o) Master Gardeners 2.03 For reference the use of main floor area in the West Elgin Recreation Centre includes, but is not limited to the following: (a) Tiny Tots fundraising events (b) Rodney Fair Board (c) Rodney Kiwanis fundraising events (d) West Elgin Fire Department Fire Muster (e) West Elgin Community Health Centre programs (t) Fundraising events for Rodney Fire Fighters and United Way (g) VON programs 2.04 The Administrator/Treasurer shall make the determination, which organizations comply with section 2.01. User groups may be added to sections 2.02 and 2.03 by the AdministratorlTreasurer without amendment to this policy. The booking agent shall be advised in writing. If there is a dispute, it shall be directed to Council. MUNICIPALITY OF WEST ELGIN POLICY MANUAL Chapter: Recreation Index No. RE -1.1 Section: Facilities Effective Date: Aug 23/07 Subject: Exemption from Fees Revision Date: Jan 27/11 Page: 2 of 2 2.05 Activity functions, such as physical activities, shall be directed to the West Elgin Recreation Centre arena or West Elgin Arena. 2.06 No religious gatherings or meetings. 2.07 No showers or like gatherings in the West Lorne Complex, these are encouraged to rent other facilities in the community. 2.08 No kitchen facilities are available, other than the use of the refrigerator and stove. 2.09 Area used shall be left in a clean state and garbage placed in proper containers. 2.10 Bookings shall be made as follows: (a) For the West Elgin Recreation Centre West Elgin Municipal Office (b) For the West Elgin Community Complex West Elgin Support Services office located at the West Elgin Community Complex (c) For the Rodney Town Hall West Elgin Community Parent Child Resource Centre office 3 ADMINISTRATION 3.01 The Administrator/Treasurer shall resolve any issues relating to this policy. 4 ATTACHMENTS 4.01 None Council authorization: By -law 2007 -77 By -law 2011 -12 Norma Bryant From: 'Bernie Wiehle" <bwiehle @elgin county.on.ca> To: "Norma Bryant" <nbryant @westelgin.net> Sent: Thursday, September 08, 2011 7:14 PM Subject: Fwd: Invite- Elgin Arts Trail Launch For next council correspondence as an FYI Bernie Wiehle Councillor, County of Elgin Begin forwarded message: From: "St. Thomas -Elgin Public Art Centre" <info(a,stepac.ca> To: "info@steciac.ca" <info @stepac.ca> Subject: Invite Elgin Arts Trail Launch Elgin -St. Thomas Tourism is pleased to invite you to the launch of the Elgin Arts Trail. Experience first hand the diverse visual arts attractions, nestled within our vibrant city, historic villages and breathtaking countryside. From original paintings to pottery, the twelve studios and galleries that comprise the arts trail will be on site to take you on an imaginative journey. WHAT: Elgin Arts Trail Launch WHEN: Thurs, Sept 29, Open House 4:30pm 7:OOpm. Cake Cutting/Speeches at 5:30pm WHERE: St. Thomas -Elgin Public Art Centre, 301 Talbot Street, St. Thomas Please send to any friends that would be interested in attending this event! To RSVP, call 519-631-1460 ext. 164 or email Imorritt(a,elgin- county.on.ca by September 26, 2011. [cid:image001.jpg @01 CC6EOA.AD21 E5F0] This message has been scanned by LastSpam <http: /www.lastspam.corn> eMail security service, provided by Protek <http: /www.protek.ca 9/9/2011