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October 27, 2011MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING OCTOBER 27, 2011 Council Chambers, West Elgin Municipal Building DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA DELEGATIONS: 9:30 a.m. 1:30 p.m. 2:00 p.m. 3:00 p.m. PLANNING: (B1- B8) (see also D1 -D6) Committee of Adjustment Part of Lot 7, Concession 7 (Ossel) (Al B1) Public Meeting Zoning Amendment Lot 18, Concession 13 (Hollanada Farms) (A2 B2) Proposed severances Lot 17 18, Concession 8 (Orford Sand Gravel) (B3) Lot A, Concession 3 (Roelofs) (B4) Four Counties Health Foundation MPAC presentation Introduction to Property Assessment Mark McDonald, CAO County of Elgin on behalf of the Elgin Group Police Services Board Policing Costs (see D11 to D14) 1.* Report re: Application for Minor Variance (Ossel) 2.* Report re: Zoning Amendment Lot 18, Concession 13 (Hollanada Farms) 3.* Proposed severance: Lot 17 18, Concession 8 (Orford Sand Gravel) 4.* Proposed severance: Lot A, Concession 3 (Roelofs) 5.* Report re: Water Supply for new lots created by severance 6.* Report re: Site Plan Control 7. Update on Seaside Developments commercial block rezoning application 8. Closed Session property matter Oct. 27/11 Page 2 REPORTS: (C1 -C7) 1. ROADS 2. RECREATION 3. BUILDING 4. WATER a) Quote for installation of new computer hardware software 5. DRAINS 6. WEST ELGIN PRIMARY SYSTEM a) Tri County Budget 7. ADMINISTRATION a) Quote for repair to pump at West Lorne pumping station b) Set fines for idling control by -law CORRESPONDENCE: (D1 -D14) 1.* Breck's Bulbs withdrawal of minor variance application 2.* Irene Puddester re: Seaside Developments rezoning application 3.* Walter Babin re: Seaside Developments rezoning application 4.* Pamela Piccinato re: Seaside Development rezoning application 5.* Yvonne Brooks re: Seaside Developments rezoning application 6.* West Elgin Nature Club re: Seaside Developments rezoning application 7. Rodney Legion request to support road closure for Remembrance Day ceremonies 8.* Township of Southwold invitation to Remembrance Day Ceremony Keystone Complex, Sunday November 6th 9.* Enchanted Hideaway request to extend stay at trailer park (Rixham) 10.* Enchanted Hideaway request to extend stay at trailer park ((Wen) 11.* Municipality of Central Elgin re: Policing Costs 12.* Municipality of Dutton /Dunwich re: Policing Costs 13.* Municipality of Bayham re: Policing Costs 14.* Township of Malahide re: Policing Costs Oct. 27/11 Page 3 BY -LAWS By -law No. 2011 -67 OTHER BUSINESS: (El) 1. Closed session tax sales properties *Information enclosed CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS October 29, 2011 November 9, 2011 November 10, 2011 November 24, 2011 November 25, 2011 November 28, 2011 Amend Employee Remuneration By -law Household Hazardous Waste Day 9:00 a.m. 1:00 p.m., West Elgin Works Garage Seminar re: Standard of Care, Dutton /Dunwich, 1:00 p.m. Council Council MMAH Municipal Conference, London Convention Centre Tri County Management Committee, 7:00 p.m. MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE Anne Ossel (Frank Machan, agent) A3/2011 Part of Lot 7, Concession VII former Township of Aldborough The subject lands are designated 'Agricultural' in the West Elgin Official Plan. DATE/TIME: 9:30 a.m. Thursday, October 27 2011 LOCATION: West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney PURPOSE: To permit the sale and display of motorized golf carts, garden tractors and related parts and accessories. The subject lands are situated on the south side of Downie Line east of Furnival Road (County Road No. 103), north of the Village of Rodney being part of Lot 7, Concession Vil (refer attached key map). The lands have an area of 24.8 hectares (61.2 acres) and a frontage of 547 metres (1,795 ft) on Downie Line. The parcel is occupied by an implement storage shed and three grain silos and has been otherwise extensively cleared for agricultural purposes. The owner, Anne Ossel, purchased the lands in 1973. The lands are zoned Agricultural (A1) in the Township of Aldborough Zoning By -law. Permitted uses include a an agricultural use, bed and breakfast establishment, home occupation, riding school and a single unit detached dwelling. The owners agent has advised that the sale and storage of golf carts, garden tractors and related parts and accessories has continued on the parcel for the past four years, operating under the name 'Classic Carts'. The abovenoted use, essentially a commercial use, does not qualify as an 'agricultural use' or a 'home occupation' as defined by the Zoning By -law. The owner is seeking permission to continue the operation of 'Classic Carts' from the lands, with the outdoor display of vehicles confined to a storage compound facing Downie Line. Additional vehicles would be stored in the implement shed. The number of vehicles at any given time stored or displayed on -site would range between 50 100 units. The variance, if granted, would be subject to such conditions as the Committee of Adjustment deems necessary or reasonable in the circumstances. 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 wiling 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 I-lalwa, at (519) 963 -1028 (London, Ontario). DATED AT RODNEY this 1 y- day of October, 2011. Municipality of West Elgin Norma Bryant 22413 Hoskins Line Secretary- Treasurer P.O. Box 490 Committee of Adjustment Rodney, Ontario NOL 2C0 Telephone: (519) 785 -0560 Fax: (519) 785 -0644 APPLICATION FORA MINOR VARIANCE: A3/2011 Anne Ossel (Frank Machan, Agent)) South of Downie Line, East of Furnival Road Part of Lot 7, Concession Vf l Municipality of West Elgin Municipality of WEST ELGIN I BEATTIEo I a a C FLEMING LINE Z GI LINE. LL 1 O z 0 cc I w II w O Clachan JOHNS LINE III MCLEAN LINE 1 IV IX i KINTYRE LINE 1 r Q v 103 z gI V I a 1 zl x Municipality of Southwest Middlesex 104 A B C D IX MCDOUGALL LINE HWY 401 HOSKINS LINE DOWNIE LINE MCMILLAN LINE PIONEER LINE 1 2 3 4 5 6 7 8 9 10 11.12 MARSH LINE THOMSON LINE SILVER CLAY LINE TALBOT LINE xIII IXIV_ QUEENS LINE a O w storage compound (location approximate) DOWNIE LINE Inns RR-2 -5 ZONING Al AGRICULTURAL C2 HIGHWAY COMMERCIAL I INSTITUTIONAL RR2 RURAL RESIDENTIAL TWO RR3 RURAL RESIDENTIAL THREE U PUBLIC UTILITY Al LOT 6 LAKE ERIE 13 14 15 16 17 18 New Glasgow I Eagle Port 1 Glasgow j GRAY LINE, 76 1 GORE CONCESSIONr 547 Al A3 -38 Al 24.8 ha (61.2 ac) LOT 7 CONCESSION VII SUBJECT LANDS West Lorne 9 20 21 22 23 24 LOT 8 AIR !OTC: 2006 1:10,000 A3 1:100,000 Metres 0 1,250 2,500 3,750 5,000 DATE TIME: 9:30 a.m. Thursday, October 27 2011. LOCATION: West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney. PURPOSE: To consider a proposed amendment to the Zoning By -law for the purposes of disposing a surplus farm dwelling. The proposed amendment would change the zoning of the lands lying on the south side of Talbot Line (County Road No. 3) west of the Hamlet of Eagle from the Agricultural (A1) Zone to a 'site specific' Rural Residential Three (RR3 Zone and to a 'site specific' Agricultural (A14) Zone. The amendment would also fulfill a condition imposed by the County of Elgin Land Division Committee in granting Application for Consent E62111 to dispose the surplus farm dwelling situated on the lands. The lands proposed to be rezoned 'site- specific' Rural Residential Three (RR3 comprise an area of 4,499 square metres (1 ac), a frontage of 54 metres (177 ft) and a depth of 85 metres (279 ft). The parcel is occupied by a single unit dwelling (erected 1930), shed, storage barn, outbuildings and garage. No change in use is proposed. The 'site specific' (i.e. RR3 zoning would permit the creation of a lot greater than the maximum lot area requirement (4,000 sq m) of the RR3 zone. All other requirements are capable of being satisfied. Permitted uses of the RR3 zone include a single unit detached dwelling, home occupation and an accessory use. The lands proposed to be rezoned 'site specific' Agricultural (A1-#) comprise an area of 30.6 hectares (75.6 ac), a frontage of 94 metres (308 ft) on Talbot Line and a frontage of 165 metres (541 ft) on Graham Road. The parcel is occupied by a single unit dwelling (erected 1993) located in a woodlot in the southerly portion of the farm, and the balance of lands has been cleared for agricultural purposes. No change in use is proposed. The `site specific' (i.e. A1-#) zoning would prohibit any further dwellings 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 to, the proposed amendment. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by -law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by -law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or from the Municipal Planner, Mr. Ted Halwa. at (519) 963-1028 (London, Ontario). THE information and material required under Sections 34(10.1) and 34(10.2) of the Planning Act have been provided and this shall serve as sufficient notice of same under Section 34 (10.4) of the Act. DATED AT RODNEY this 6 1 14— day of October, 2011. Norma Bryant Clerk MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC MEETING ZONING BY -LAW AMENDMENT Hollanada Farms Ltd. 25143 Talbot Line Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, Ontario NOL 2CO Telephone: (519) 785 -0560 Fax: (519) .785 -0644 Email: nbryant @westelgin.net �a APPLICATION FORA ZONING BY -LAW AMENDMENT: P10/2011 Hollanada Farms Ltd. 25143 Talbot Line Part of Lot 18, Concession XIII (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN i 1 unici panty of l BF 1 M Southwest Middlesex i I`` I F r r BEATTIE LINE 0 i EE LINE 1 p 0 I I 103 I w r° 2 w lu Clachan Ill VI VI VII X 104 0 1 0 I z i o f LUI XI v I i XII XIII lXIV GIBB LINE JOHNSTON LINE MCLEAN LINE KINTYRE LINE MCDOUGALL LINE HWY401 i HOSKINS LINE DOWNIE LINE Rodney MCMILLAN LINE QUEENS LINE PIONEER LINE 1 2 3 4 5 6 MARSH LINE THOMSON LINE SILVER CLAY LINE TALBOT LINE 103 New Glasgow 3 Port Glasgow 0 2 0 z UJ 7 8 9 10 11 12 LAKE ERIE LOT t8 CONCESSION;XIII ZONING Al AGRICULTURAL C1 HAMLET COMMERCIAL 1 INSTITUTIONAL HR _�,�_A�4_ HAML LJTION DEN y LANDS PROPOSED TO BE RE -ZONED TO t12,000 'SITE- SPECIFIC' RURAL RESIDENTIAL THREE (RR3 LANDS PROPOSED TO BE RE -ZONED TO 'SITE SPECIFIC' AGRICULTURAL (A1 L 0 West Lorne 19 20'21 22.23. 4 1 Z J Z• Sg 6 f.7 1:100,000 Metres 0 1,250 2,500 3,750 5,000 Community Planners Inc 24 October, 2011 MEMORANDUM FROM: Ted L. Halwa 1. PURPOSE Community Planners Inc Middlesex County &iklrng 399 Ridout Street North London Ontario N6A 2P1 Tei (519) 963 -1028 Fax. (519) 438-7770 e -mail: london 2communityplanners corn TO: Members Committee of Adjustment Municipality of West Elgin #000812084 SUBJ: Application for a Minor Variance: Anne Ossel (Frank Machan, Agent), A- 312011 Part of Lot 7, Concession Vii) south side of Downie Line east of Furnival Road (County Road No. 103) to permit the use of lands for the sale and display of motorized golf carts, garden tractors and related parts and accessories; the golf carts and garden tractors would be confined to a fenced -in compound on Downie Line adjacent to existing farm buildings situated on the parcel (Figure 1). All machines not on display would be stored in an existing implement shed. The number of machines on display or in storage at any given time would range between 50 —100 units; permission is being sought to sell and display the golf carts, garden tractors (up to 35 hp) and related parts and accessories from the defined area and operating under the name `Classic Carts'. According to Mr. Machan, agent for the owner, the business has been conducted on the lands for the past four years apparently under the assumption that it was permitted by the Zoning By -law; the golf carts and garden tractors had, until recently, been displayed outdoors both in the front yard of the abutting residential lot (12678 Fumival Road) also owned by the owner as well as in the abutting road allowance. In August 2011, the owner was advised that the use was not a permitted use in the Zoning By -law and suggesting that either the use cease or application is made for a minor variance. The machines have now been, more or less, removed from this much more visible location to the new site being proposed on the subject lands as shown on Figure 1. el Anne Ossel (Frank Machan, agent), A- 3/2011 Municipality of West Elgin October 24, 2011 page 2 2. SITE CHARACTERISTICS (Figure 1) the subject lands comprise part of a 24.8 hectare (61.2 acres) parcel with a frontage of 547 metres (1,795 ft) on Downie Line. The parcel is occupied by an implement storage shed and three grain silos and has been extensively cleared for agricultural purposes. The owner, Anne Ossel, purchased the lands in 1973. She resides at 12678 Furnival Road on an abutting residential lot immediately to the west of the subject lands; neighbouring lands comprise a mix of agricultural, rural residential and commercial uses. Commercial uses which are clustered at the intersection of Downie Line and Furnival Road include a public garage (Moore), the sale of used cars and trailers (In The Hunt' Liddy), a service station/convenience store (Cross Roads' Varga) and a bed and breakfast establishment (Lion's Gate); 3. ANALYSIS Planners nc #0008/2084 under the Provincial Policy Statement (PPS), the lands on which the use is proposed (and currently is) to be established lies within a 'prime agricultural area'. Secondary uses are permitted which are limited in scale and are compatible with do not hinder surrounding agricultural operations; the subject lands are designated, for the most part, 'Agricultural' in the West Elgin Official Plan. Secondary uses are permitted under criteria similar to the PPS. It is arguable that the lands on which the use is proposed to be established is, in fact, designated 'Rural Residential'. Secondary uses in the form of home occupations are permitted; applications for minor variances under the Official Plan are to be evaluated in accordance with the following: 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, Anne Ossel (Frank Machan, agent), A- 3/2011 Municipality of West Elgin October24, 2011 page 3 (r i 1 :...11 13S Planners Icic 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 t) 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) #0008/2084 in this instance, the proposed use is relatively large in scale being comprised of the display and storage of up to 100 golf carts and garden tractors. While the loss of agricultural land is not significant and agricultural operations would not appear to be potentially hindered by it, the scale and nature of the use goes well beyond what a secondary use or home occupation is intended to be; the intent of the Official Plan with respect to commercial uses of this nature is that they be located in commercially- designated areas on sites zoned for these purposes. There are a number of such sites available both in the core area of Rodney and in the south end of Rodney which would be potentially suitable to accommodate the use. Use of these vacant, underutilized sites is encouraged to promote healthy and vibrant commercial areas and particularly, the downtown core the revitalization and sustainability of which is the major focus of a recently adopted community improvement plan for the town centres of Rodney and West Lome; the subject lands are zoned Agricultural (Al). Permitted uses include an agricultural use, bed and breakfast establishment, home occupation, riding school, the sale of farm supplies and a single unit detached dwelling. The sale and display of golf carts and garden tractors is not permitted (which is why the subject application is necessary) nor is it similar to any of the uses permitted in the Al zone. The intent of the By -law is to ensure that commercial uses (particularly non agriculturally related ones) permitted in rural areas are small in scale and unobtrusive (out of sight) and that larger scale, non agriculturally related uses are directed elsewhere; while it is acknowledged that the proposed site for the use would be much better organized and Anne Ossel (Frank Machan, agent), A4/2011 Municipality of West Elgin October 24, 2011 page 4 contained than the previous site at the comer of Fumival Road and Downie Line, it would not be as visible and as customer friendly compared with alternative sites that already exist in Rodney. RECOMMENDATION (original signed by) Ted L. Halwa, MCIP, RPP G o m i 1 U f 1 y j Pianners Inc Ora That the application of Anne Ossel (Frank Machan, agent), A 3!2019, for a variance from the Township of Aldborough Zoning By -law, specifically, to permit the sale and display of motorized golf carts, garden tractors and related parts and accessories on the subject lands notwithstanding Section 5.1.1, being the Permitted Uses of the Agricultural (Al) Zone to the contrary, be denied. REASONS I) The intent of the Official Plan is not maintained; ii) The intent of the Zoning By -law is not maintained; iii) The variance is not considered "minor" given the circumstances; iv) The variance is not desirable for the appropriate use and development of the lands; #0000/2084 u ZONING Al AGRICULTURAL C2 HIGHWAY COMMERCIAL I INSTITUTIONAL RR2 RURAL RESIDENTIAL TWO RR3 RURAL RESIDENTIAL THREE U PUBLIC UTILITY APPLICATION FOR A MINOR VARIANCE: A312011 Anne Ossel (Frank Machan, Agent)) South of Downie Line, East of Fumival Road Part of Lot 7, Concession VII Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 SUBJECT LANDS 0 1:5,000 75 150 225 300 Metres (:Ofiimiilul1lty Fan Hers Inc 20 October 2011 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa #0008/2080 SUBJ: Public Meeting October 27 2011 Amendment to the Zoning By -law Hollanada Farms Ltd. 25143 Talbot Line 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, Hollanada Farms Ltd., in partial fulfillment of conditions applied in the granting of Application for Consent (E62111) by the County of Elgin Land Division Committee on 11 August 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 south side of Talbot Line (County Road No. 3) west of the Hamlet of Eagle. The proposed change the zoning is from Agricultural (Al) to 'site specific' Rural Residential Three (RR3 -19) and to 'site- specific' Agricultural (A1 -78). The lands proposed to be rezoned to 'site specific' Rural Residential Three (RR3 -19) comprise the lot on which is situated the surplus farm dwelling. The parcel satisfies the minimum lot area and minimum lot frontage requirements (1,850 sq m 30 m respectively) of the RR3 zone but exceeds the maximum lot area requirement of 4,000 sq m. A 'site- specific' (RR3 -19) zoning is proposed to permit this deficiency. The lands proposed to be rezoned 'site- specific' Agricultural (A1 -78) 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 an additional dwelling being erected on the lands as stipulated by the Provincial Policy Statement (PPS) and the Municipality of West Elgin Official Plan. a Hollanada Farms Ltd. Proposed Zoning By-law Amendment Municipality of West Elgin 20 October 2011 page 2 (original signed by) Ted L. Halwa, MCIP, RPP #0008/2080 The lands are designated 'Agricultural' in the Municipality of West Elgin Official Plan. The draft By -Iaw is considered to be consistent with the PPS and in conformity wi}.h the Official Plan. Once a reference plan has been deposited, the appropriate legal description can be inserted into the By -Iaw. 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 Hollanada Farms Ltd. 25143 Talbot Line WHEREAS the County of Elgin Land Division Committee has granted permission to the creation of a lot (Application for Consent E62/11) 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 tot 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 (A1) Zone, is hereby amended by the addition of the following: "5.3.78 a) DEFINED AREA A1-78 as shown on Schedule "A Map No. 80 to this By -law. b) MAXIMUM DWELLINGS PER LOT 1" 2. THAT Section 11.3 to By -law No. 90 -50, as amended, of the former Township of Aldborough being the Exceptions of the Rural Residential Three (RR3) Zone, is hereby amended by the addition of the following: "11.3.19 a) DEFINED AREA RR3 -19 as shown on Schedule "A Map No. 80 to this By -law. b) MAXIMUM AREA 5,000 m 3. THAT Schedule "A", Map No. 80 to By -law No. 90 -50, as amended, is hereby amended by changing from the Agricultural (A1) Zone to the 'site- specific' Agricultural (A1 -78) Zone those lands outlined in heavy solid lines and described as A1-78 on Schedule "A" attached hereto and forming part of this By -law, being part of Lot 18, Concession XIII, formerly in the Township of Aldborough, now in the Municipality of West Elgin, in the County of Elgin. 4. THAT Schedule "A Map No. 80 to By -law No. 90 -50, as amended, is hereby amended by changing from the Agricultural (A1) Zone to the 'site specific' Rural Residential Three (RR3 -19) Zone those lands outlined in heavy solid lines and described as RR3 -19 on Schedule "A" attached hereto and forming part of this By -law, being more particularly described as being Part 1, Plan 11 R- being part of Lot 18, Concession XIII, formerly in the Township of Aldborough, now in the Municipality of West Elgin, in the County of Elgin. 5. 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 3 LOT 17 TALBOT LINE CONCESSION 1 XII RR3 -19 A1-78 LOT 18 CONCESSION XIII This is Schedule "A" to Bylaw No. Passed this day of 2011 Mayor Clerk HAMLET OF EAGLE LOT 19 Municipality of WEST ELGIN SCHEDULE 'A' 1:5,000 Metres 0 25 50 100 150 200 250 Con-tm i litt` ners 20 October 2011 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa 1. Purpose 99 d :i street :.iorfh Lorde,r: r'; ;;p N i 2P MEMORANDUM #000812086 SUBJ: Proposed Severance Orford Sand Gravel Limited part of Lot 17 and part of Lot 18, Concession VIII to enlarge an existing parcel through the conveyance of abutting lands; the lands proposed to be conveyed have a frontage of approximately 50 metres (164 ft) on Jane Street, a width of 34 metres (112 ft) and an area of 2.6 hectares (6.4 acres). The parcel is proposed to be added (merged in name and title) to the abutting industrial parcel to the north owned by I 1 Investments and Al'fair Investments and occupied by Erie Flooring and Wood Products. If granted, the existing industrial parcel would be increased in size from 7.5 hectares (18.5 acres) to 10.1 hectares (25 acres). The lands are occupied, seemingly unintentionally, by various buildings and structures associated with the flooring and wood manufacturing operation; the lands proposed to be retained have a frontage of 34.2 metres (112 ft) on Graham Road, a depth of 162 metres (531 ft) and an area of 5,500 square metres (1.4 ac). The parcel is without buildings or structures and is maintained as public landscaped open space by the Municipality and the West Lorne and Community Horticultural Society. No change in use is proposed. 2. Provincial Policv Statement (PPS) and Official Plan under the Provincial Policy Statement, minor boundary adjustments in settlement areas are not specifically addressed, although it would be reasonable to assume that given these types of severances are permitted in prime agricultural areas, the intent of the PPS would not be compromised. On this basis, the proposed severance would be consistent with the PPS; 13 Orford Sand Gravel Ltd Proposed Severance Municipality of West Elgin 20 October, 2011 page 2 the subject lands are situated within the designated 'Village' of West Lorne in the West Elgin Official Plan, being situated at the interface of lands designated 'Industrial' and lands designated `Residential'. 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) the enlarged lot, which is already somewhat irregular in shape, would not have any apparent adverse impacts on neighbouring industrial and residential uses. The conveyance is intended to rectify a long- existing encroachment of various buildings and structures owned by Erie Flooring Wood Products onto lands formerly owned by the CN railway and now owned by Orford Sand Gravel Limited; 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. 3. Zoning By -law !!000812086 the lands being conveyed are zoned, for the most part, General Industrial (M1) in the Village of West Lorne Zoning By -law consistent with the M1 zoning which applies to the lands they are being added to (Erie Flooring Wood). The westerly portion of the lands being conveyed is zoned Agricultural (Al) In the Township of Aldborough Zoning By -law. While it would normally be the case to require a change in zoning (thereby avoiding more than one zone applying to a property), in this instance proper zoning is capable of being instituted as part of the preparation of the new comprehensive Zoning By -law; Orford Sand Gravel Ltd Proposed Severance Municipality of West Elgin 20 October, 2011 page 3 the lands being retained are zoned Open Space (OS) in the Village of West Lorne Zoning By -law. There are no minimum lot area or minimum lot frontage requirements in the OS zone. No change in use is proposed and a change in zoning is, therefore, not required. 4. Conclusions the proposed conveyance is considered appropriate and in conformity with the relevant sections of the West Elgin Official Plan. 5. RECOMMENDATION #0008/2086 That the proposed consent by Orford Sand Gravel Limited be granted subject to the following conditions and the Elgin Land Division Committee advised accordingly: a) That the lands being conveyed are merged in the same name and title as the lands to which they are being added; b) 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. REASONS 1) 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. Orford Sand Gravel Ltd Proposed Severance Municipality of West Elgin 20 October, 2011 page 4 (original signed by) Ted L. Halwa, MCIP, RPP #0008/2086 APPLICATION FOR A CONSENT Orford Sand Gravel Limited Part of Lot 17 part of Lot 18, Concession VIII Village of West Lorne Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 CO CESSIO 1 Aves llntinenrs 3 g I 1 .�rxalti.0.11 ;nehi 1 1t 1E'de F vorlrlg 6 kygo"/ Pri luc :ice w� P INDUSTRIAL y ti 1 1 GILBERTSTREET RESIDENTIAL 4EINFICRIMI MN ZONING Village of West Lome C1 CENTRAL COMMERCIAL FR FUTURE RESIDENTIAL 1 INSTITUTIONAL M1 GENERAL INDUSTRIAL OS OPEN SPACE R1 RESIDENTIAL FIRST DENSITY R2 RESIDENTIAL SECOND DENSITY ZONING Township of Aldborough Al AGRICULTURAL OS OPEN SPACE RR2 RURAL RESIDENTIAL TWO RR3 RURAL RESIDENTIAL THREE U PUBLIC UTILITY `DOWNTOWN GORE: g =l 1 p LANDS TO BE CONVEYED AND MERGED IN TITLE WITH ABUTTING LANDS LANDS TO SE RETAINED WETLAND {MUNICIPALITY OF WEST ELGIN OFFICIAL PLAN) 1:5,000 0 50 100 150 200 Metres 24 October 2011 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa 1. Purpose Community Planners tnc Middlesex County Building 399 Ridojt Street North London Ontario N6A 2P I Tel (5 9) 963 -1028 Fax: (519) 438 -1770 email london @comrnunityplanners corn Community Planners Inc MEMORANDUM #000812102 8�f SUBJ: Proposed Severance Donna Roelofs Mark Gasparatto 20137 Johnston Line part of Lot A Concession 111— east side of Clachan Road south of Johnston Line (County Road No. 6) to sever a large parcel comprising a former gravel pit and agricultural land into two separate parcels, merging one of them in title with an abutting undersized agricultural parcel under different ownership; the lands proposed to be conveyed have an area of 44.5 hectares (110 acres), a frontage of 619.6 metres (2,033 ft) on McLean Line and flankage of 623.7 metres (2,046 ft) on Clachan Road. The parcel, which is devoid of buildings or structures, is proposed to be added (merged in name and tide) to an abutting undersized agricultural parcel owned by Larry Miller (21499 Clachan Road) and occupied by two large livestock barns and a number of inground manure tanks; if the consent is granted, the parcel would be increased in size from 3.2 hectares (8.0 acres) to 47.8 hectares (118 acres) and In frontage from 236 metres (774 ft) to 860 metres (2,822 ft). The use of the parcel for agricultural purposes would not change; the lands proposed to be retained have an area of 32.4 hectares (80 acres), a frontage of 410 metres (1,345 ft) on Clachan Road and 568.6 metres (1,865 ft) on Johnston Line (County Road No. 6). The parcel is occupied by a single unit dwelling (20137 Johnston Line), being the residence of the owners, and comprises a former gravel pit now characterized by large areas of open water. The license for the pit, being the former Johnston Brothers "Colquhoun Pit", was recently surrendered' to the Ministry of Natural Resources. D. Roelofs 8 M. Oasparatto- Proposed Severance Municipality of West Elgin 24 October 2811 page 2 2. Provincial Policy Statement (PPS) and Official Plan #0008/2102 under the Provincial Policy Statement (PPS), the creation of lots in areas adjacent to or in known deposits of mineral aggregate resources which would preclude or hinder the establishment of new operations or access to the resource may only be permitted under certain specified circumstances (Section 2.5.2.5). The mineral aggregate deposit on the lands being retained has been extracted and the license for extraction surrendered. What is known to exist on the lands being conveyed is evidently not commercially viable to extract. In any event, the severance if granted would not preclude extraction in the future should the resource become viable to extract nor would it adversely affect any future extraction on adjacent lands. The proposed severance is considered to be consistent with the PPS; the subject lands are designated, for the most part, `Aggregate Resources' in the West Elgin Official Plan. A small portion situated in the northwest comer of the parcel lies in the designated 'Hamlet of Clachan. The following policy is relevant 3. Zoning By-law The creation of new lots, including the creation of lots to dispose surplus farm dwellings in accordance with this Plan, or the alteration of existing lots which would have the effect of compromising an existing or potential extractive operation shall not be permitted (Section 6.6.4) the severance, if granted, would separate agricultural land from non agricultural land into different ownerships. In addition, the consolidation of an undersized agricultural parcel with a larger agricultural parcel would result and in the process establish a substantially larger land base for the existing livestock facilities on the undersized parcel. Any existing or potential extractive operation on the subject lands or neighbouring lands would not be compromised. Conformity with the Official Plan would be maintained. the lands being conveyed are zoned Extractive Industrial (M3) while the undersized agricultural parcel they are being added to are zoned Agricultural (Al). Rezoning the lands being conveyed to D. Roelofs 8 M. Gasparatto- Proposed Severance Municipality of West Elgin 24 October 2011 page 3 Al consistent with the zoning which applies to the lands they are being added to would be desirable but not necessary to maintain compliance with the Zoning By -law. Agricultural uses are a permitted use in the M3 zone; the lands being retained are zoned Extractive Industrial (M3) with the exception of a small portion lying within the hamlet boundary and fronting onto Johnston Line which is zoned Hamlet Residential Holding (HR -H). A proposal to create six residential lots in this area has yet to materialize. A change in zoning is not required to maintain compliance with the Zoning By -law, however, it may be worth giving consideration to in the preparation of the new Zoning By -law given the aggregate resource has been extracted. 4. Conclusions the proposed severance of a large parcel designated, for the most part, `Aggregate Resources' into two smaller parcels would not compromise any existing or future aggregate extraction on the lands or on neighbouring lands and, in the process, would eliminate an undersized agricultural parcel is considered both appropriate and desirable. 5. RECOMMENDATION That the proposed consent by Donna Roelofs Mark Gasparatto be supported subject to the following conditions and the Elgin Land Division Committee advised accordingly: a) That the lands being conveyed are merged in the same name and title as the lands to which they are being added; b) That Section 50(3) of the Planning Act. R.S.O., 199Q, 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; Co i1E u� 3i PianneI f s Inc #0008/2102 D. Roetofs 8 M. Gasparatto- Proposed Severance Municipality of West Elgin 24 October 2011 page 4 II) Conformity with the 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. Halwa, MCIP, RPP r-' -lar of rs Inc #0008/2102 APPLICATION FORA CONSENT Donna Roelofs Mark Gasparatto 20137 Johnston Line LotA, Concession 111 Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 ZONING Al AGRICULTURAL HR HAMLET RESIDENTIAL I INSTITUTIONAL M3 EXTRACTIVE INDUSTRIAL RR3 RURAL RESIDENTIAL THREE D LANDS TO BE CONVEYED AND MERGED IN TITLE WITH ABUTTING AGRICULTURAL LOT LANDS TO BE RETAINED 1:10,000 0 150 450 600 Metres Community Planners Inc 24 October 2011 FROM: Ted L. Halwa Community Planners Inc Middlesex County Building 399 Ridout Street North London. Ontario N6A 2P1 Tel: (519) 963 -1028 Fax: (519) 438 -7779 e -mail: london @communityplanners.com MEMORANDUM TO: Members of Council Municipality of West Elgin RE: Well Water Policy Municipality of West Elgin #000812103 Under the new West Elgin Official Plan, the creation of residential building lots in the 'Lakeshore Area' is governed by the following policy with respect to the provision of a water supply and disposal of sanitary waste: The proponent shall undertake the necessary studies and prepare the necessary plans to determine how water supply and sanitary sewage disposal are best provided taking into account land use, environmental considerations, financial feasibility, ownership and operating responsibilities and related factors. The studies may include hydro geological, soils and/or other appropriate technical reports to determine the suitability of servicing the lands for development. [Section 7.10 t}]. While the above -note policy is appropriate for large scale development and multi-unit developments, it is onerous in instances where a limited number of building lots are being proposed. Based on two recent proposals i.e. Quintyn, Bianco), a more scoped policy would be desirable as to the specific requirements of the Municipality, particularly as it relates to the provision of water where a municipal water supply is not otherwise available. Such a policy would assist owners in knowing exactly what is required and when it is required. It would also assist the Clerk in knowing what information or proof is required before a determination can be made that a corresponding condition of consent has been satisfied and that the Land Division Committee can be advised accordingly. The policy could also extend to the creation of residential building lots in areas designated 'Rural Residential' and 'Hamlet' where a municipal water supply is similarly not available. In the case of Quintyn (part of Lot 9 and Lot 10, Con XIV), a series of consents were granted to create a total of 5 building Tots. The decision of the Land Division Committee, acting on input received from the Municipality, included the following condition: Well Water Policy— Creation of New Residential Lots Municipality of West Elgin 221 October 2011 page 2 Oanners Inc #0008/2103 Subject to the provision of an adequate and potable water supply to the satisfaction of the Municipality. A report prepared by McCoII Ltd. on behalf of the owners expressed the opinion that on the basis of soil tests undertaken for on site sanitary waste disposal purposes, shallow wells may be feasible although they would be subject to warm, dry weather conditions. Drilled wells were suggested as an option. No definitive information was provided (or otherwise available) on the adequacy or quality of groundwater to service the 5 lots being created. In the case of Bianco (part of Lot 11, Con XIV) where consents were applied for and granted to create two residential building Tots, a similar condition was imposed by the Land Division Committee acting on the request of the Municipality. Mr. Bianco has been advised that in the previous similar case (Le. Quintyn), a letter /report from a well driller was ultimately accepted. In the absence, however, of digging or drilling a well and undertaking the appropriate testing for flow and quality, it is speculative to make a conclusive statement on the adequacy and potability of an on -site well to service a residential building lot. The cost, nevertheless, of undertaking such actions is not inexpensive and usually leads to resistance by owners. On the other hand, if creation of the lot occurs first and the issue of a water supply left to the time of building on the lot, the problem of an inadequate supply of water becomes more difficult to resolve. This, in tum, may lead to allegations that the lot should not have been created in the first instance and the Municipality becoming reluctantly involved to resolve the issue which may have significant financial implications. Unlike a Certificate of Approval issued under the Ontario Building Code Act required prior to the installation of a private sanitary waste disposal system, there is no similar approval authority for a private water supply. Thus, a building permit is capable of being issued for a dwelling without assurances of an adequate and potable water supply, thereby potentially further compounding the problem. To ensure that building lots are not created without a determination as to whether they are capable of being adequately supplied with a domestic supply of water, it would be necessary that firstly, testing be undertaken before permission is given to register a lot created by consent and secondly, parameters or performance standards be applied as a measure of adequacy and potability. Guidelines in this regard are available from the Ministry of Environment and Ontario Public Health. Well Water Policy— Creation of New Residential Lots Municipality of West Elgin 2d October 2011 page 3 Recommendation: The authorization be given to the Planner in consultation with the Administration to develop a draft policy along with performance standards to apply to the creation of building lots in the Municipality where no municipal water supply is available and reliance on groundwater supplies is necessary and that the draft policy be presented to Council at a subsequent meeting for further consideration. (original signed by) Ted L. Halwa, MCIP, RPP #0008/2103 Comm un Ra ers inc 1. Backaround 2. West Elpin Official Plan Co :r Plai',cel a inn Mickilesex County B±rifcimg 399 Rulout Street NorUF London Ontario N6A 2P', Tel (519) 983-1028 Fax (513) 438 -7775 lone on @cornrunitypianners corn 24 October 2011 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa RE: Site Plan Control Municipality of West EOM 86 #0008/1985 The following report addresses the need for a new site plan control by -law for the Municipality of West Elgin. A new by -law is necessary to take advantage of changes to the Planning Act with respect to external building design and the new provisions on site plan control in the Official Plan of West Elgin. It is also an opportunity to repeal three, somewhat dated site plan control by -laws of the former municipalities prior to amalgamation yet still in effect. development which is subject to site plan control under the Planning Act is defined as: the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in clause (a) of paragraph 101 of section 210 of the Municipal Act or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of this Act." site plan control has been applied in the Municipality for a considerable period of time going back to the late 1980's. It is usually applied to new construction and expansions for multi -unit residential development, commercial, industrial and institutional development. the recently approved, West Elgin Official Plan addresses site plan control in Section 10.7. Key elements include: Site Plan Control Municipality of West Elgin 21 October 2011 page 2 financial security: amount, form and release; #019011985 external design: external design features (character, scale, appearance and similar design features) of proposed buildings or building additions may be required as part of the plans/drawings submitted for approval; public input: unless the proposed development is considered minor or without the potential for significant adverse impact on neighbouring properties adjacent land owners would be given the opportunity to review and comment on the site plan approval; -site plan guidelines: the option for the Municipality to prepare a set of guidelines to assist proponents with the site plan approval process is provided. 3. Site Plan Control By -law A new site plan control by -law should address at least the following: delegation of authority: The provisions of the Plannina Act allow for delegation of site plan control to an appointed officer of the municipality. A degree of delegation would expedite the approval process and eliminate the need to return to Council for relatively minor change. Where areas or matters of disagreement are not capable of being resolved or where there is significant public interest, Council would assume a more active role in the process; exemptions: exemptions would be provided for specific types or scale of development such as single unit detached dwellings, two unit dwellings (e.g. semi detached), accessory buildings and structures to one and two unit dwellings, farm buildings and structures, expansions/additions to buildings <25% of floor area and accessory buildings to non- residential buildings; extemal design features: a requirement of any drawings submitted for site plan approval would be the inclusion /detailing of external design features of the proposed building; Site Plan Control Municipality of West Elgin 24 October 2011 page 3 (original signed by) Ted L. Halwa, MCIP, RPP Planners I nc public input: a requirement would be included for public input where public or neighbourhood interest has been expressed or is anticipated. Public meetings are increasingly common practice in other municipalities. In such instances, the Clerk would notify the public of the meeting and the applicant would be requested to attend and present his proposal. There are, however, no provisions for appeal by the under the Planning Act. monitoring: a process for inspection and on -going monitoring of the approved works. #0190/1985 October 6, 2011 Municipality of West Elgin 22413 Hoskins Line Rodney, Ontario NOL 200 Attention: Norma Bryant Clerk Re: Application for Minor Variance 9353 Graham Rd. Dear Ms. Bryant: Effective immediately, Breck's Ltd. respectfully withdraws our Application for Minor Variance for our property located at 9353 Graham Road, Eagle Ontario. We will seek an alternative solution to our temperature controlled storage requirements. Thank you for your time and consideration in this natter. Yours t uly, 5100 Schenley Place Lawrenceburg, IN 47025 -2181 Phone: 513. 354 -1482 Fax: 513 -354 -1484 ,u0 Kelley Fisher Gardens Alive! Tipp City and Lewisburg Fulfillment Manager 110 W. Elm Street. Tipp City, OH 45371 Phone: (937) 667-2491 ext. 3012 Fax: (937) 667-4386 klisher @gardensaalive.com Environmentally Responsible Products That World ni MUNICIPALITY OF WEST EL. ild 1 c?E(;ElvER OCT 112011 1 Pi September 30, 2011 West Elgin is in serious need of more tax dollars and residents......residents to keep at bay the powers to be who define the numbers required for schools, medical facilities and other necessities of life......tax dollars to pay for those requirements. Tax dollars generated by industry always have negative issues but, hopefully, more positive issues to offset those other details. The industrial development proposed for Port Glasgow has those positive requirements. It has been promised to be environmentally friendly, will bring more tax paying residents and will provide interesting activities to be enjoyed by residents and visitors alike. We have a few delightful B &Bs here but additional housing for guests would bring more people able to spend more time right to the doors of all businesses. Sports teams and their families able to stay over will bring more tournaments to our arenas and playing fields and provide better competition for our own athletes. For the visitors who arrive by boat they will have entertainment, shopping and restaurants to enjoy. That alone should help make Port Glasgow the port to visit. The potential is as positive as our imaginations. To the naysayers at our marina all of our tax dollars support all aspects of the marina. I have never seen, nor have any desire to see, the agreement between Municipal Council and marina executive. However, if that is detrimental to the future of this proposed development, perhaps some alterations to the agreement are necessary. I urge Municipal Council to put out every effort possible to support and assist the development proposed by Seaside Waterfronts. Respectfully submitted Irene Puddester Ms Irene Puddester 22039 Hoskins Ln RRI Rodney fa, ON NOL 2C0 MUNICIPALITY OF WEST ZL,;.; RFCFJUCn SEP302011 /7 MUN1CIPALITY OFWMF 1 T i RECEIVE() OCT 20il I question why the southeast corner site was chosen for initial development. It appears to be the very least desirable from a cost standpoint and least accessible since it is on the slope of a steep hill, it faces west rather than to the lake, it abuts the Marina in an area that would cause the greatest congestion, with sewage beds, also on a steep angle, emptying into the marina. I suggest that clearance from the appropriate ministries should be mandatory before any zoning amendment for this area is even considered. The amendment reduces the front 15 metre setback from the only access road down to zero, which would add heavily to the congestion and further restrict entry to the public lands and marina. The back setback would be reduced from 7.5 metres to 3.5. The changes would increase the developer's holdings with no benefit whatever to the community. To paraphrase the developer's own words; "If a business is worthy, people will come regardless of its location." The most accessible area and the most desirable, would be the land adjoining the 14 concession. Not only does it offer wide access from two roads, it is on level ground, would have far less maintenance and has the potential for year -round use. To date, no zoning changes have been considered for this or for the overall area. One of the first rules of business is to protect the assets you already have. The marina and the adjoining public lands exceed the value of the areas purchased by the developer by a significant margin. They attract thousands of visitors and generate considerable revenues that are re- invested in facilities that benefit everyone in the community. Few would be against private development in Port Glasgow, but everyone should question how it is being done and why after a 4 year period, no overall zoning plan exists, no hole has been dug and no brick has been placed on another. For alI the above reasons, I am against the zoning proposal. Since the lake front is effectively surrounded, I believe council should move towards providing as wide an access as possible around the access route, restrict by legal means the sale of public lands to developers by this and future councils, and ensure by judicious zoning, that no private action is taken that would diminish or have the potential to diminish the value of the public lands or the marina. Walter Babin 519- 785 -0413 177 Queen St., Rodney, NOL 2C0 MUNICIPALITY OF WEST ELGIN PUBLIC MEETING SEPTEMBER 29, 2011 ZONING BY -LAW AMENDMENT SEASIDE WATERFRONTS COMMENT FORM Comments will be received until FRIDAplease OCTOBER 2011. If you need more time to prepare your submission, Norma Bryant, Clerk Municipality of West Elgin 22413 Hoskins Line, PO Box 490, Rodney, ON NOL 2C0 Phone: 519- 785 -0560 Fax: 519-785-0644 Email: nb ant westel in.net Name: cj Address: F6 Postal Code: /1/./24 oFdo YES, PLEASE AMEND THE ZONING ON THIS PROPERTY! Comments: This land not only was DECLARED Surplus by the Municipality, but it IS Surplus. We taxpayers and owners of this SURPLUS LAND, need jobs, taxes and economic prosperity, not small pockets of land that are useless to us. What are we waiting for? Are we waiting ws likes of Due to her lack of studies d and ous comments to the public about something she very 9v l imited fr ublic input, does she even know that the Pubic HAS BEEN INVOLVED in many meetings with Seaside over three years and that over forty changes have been made to their plans as a result? Councils are well aware of the proposed project and there have been a number of meetings with the Yacht Club (that I THOUGHT were close to being resolved) until this meeting. Issues like slope stability, natural heritage, servicing (and whatever else she brought up), have all been studied and all of the information has been provided to the Municipality and IS AVAILABLE for members of the public to view I believe that should any Council Members not vote in favor of this amendment, be required to make a public statement to the taxpayers of this municipality as to why they are holding up prosperity. l To: NORMA BRYANT, Clerk FROM: YVONNE BROOKS 28143 Talbot Line, Wallacetown, Ontario NOL MAO 519 -762 -2965 Comments for Municipality of West Elgin: I congratulate West Elgin for attracting Seaside Development. Although I am not a resident of West Elgin, I attended the public meeting on Sept 29 as a 'local' business owner of Country Seat Upholstery Studio for over 22 years. My concern with local vitality is evident by my active participation in MPoWER (Marketing Partners of Western Elgin Region) and as a Director with the Dutton /Dunwich Chamber of Commerce. I look forward to, what I hope to be, the advent of the Seaside Development at Port Glasgow. It is my opinion that the proposed development will complement and enhance the tourism and economic growth through the entire Western Elgin Region. It has been said "build it and they will come the rest of the expression should say "The entire community will prosper". I eagerly await the next public meeting. YVONNE BROOKS Wi t 4 PCIagl.IT; OF JEST "kCFIVED OCT 3 201 ,05 Yours respectfully West Elgin Nature Club Per William Prieksaitis WEST ELGIN NATURE CLUB C/o William Prieksaitis R.R. #3 Rodney On NOL 2C0 MUNICIPALITY OF WEST C' PECF.IVF1l OCT 4 2011 The West Elgin Nature Club would like to address some of its concerns regarding Seaside Development's desire to acquire surplus land along Havens Lake Road and any commercial building that it plans to construct along this road. Various studies such as natural heritage resources and features should be reviewed prior to any rezoning along with measures for their protection and preservation. A proper environmental review should be done also. The West Elgin Nature Club objects to any septic bed construction within the lands of the area to be rezoned due to the proximity of the lake and the marina. The development of any and all building should occur once a sewage treatment plant is operational!! At this time it has been ascertained that at least three species which are on the Federal Species at Risk Act are going to be impacted by the development in the rezoning area. An Eastern Fox snake was found on Douglas Line in Port Glasgow in 2011. It is possible that the hibernacula are on this site. Chimney swifts have been seen in this area and may nest in existing dead trees. A Butternut tree has been found in the rezone area. It is also possible that Fowler's toads and several species of endangered turtles inhabit this area. Proper studies for the drainage and release of storm water must be complete. A simplistic basin system with filtration with the release into the marina and the lake is not adequate. We must protect our very valuable public lands and Lake Frontage and this would involve a master plan of the area which hopefully includes some public input. At this time all we have seen is conceptual planning and that is not sufficient. This rezoning application should be declined. The development should proceed as a whole once all the studies are reviewed and all issues resolved. P6 s i f-,,,,,,. 0 s ,4044„,„. ACT vn .r l Corporation of the Township of Southwold You are cordially invited to attend the Remembrance Day Ceremony at Southwold Keystone Complex 35921 Talbot Line Shedden, Ont. On Sunday, November 6, 2011 Refreshments Displays Keynote Speaker: Ted Barris Theme: D -Day June 6, 1944 ***Start Time of 9:30 a.m. 41k 1 Ai dill G- r S Enchanted Hideaway Maintenance OCT k RR #2, 20615 Gray Line 'ik' Rodney, Ontario NOL 2C0 October 14, 2011 Municipality of West Elgin 22413 Hoskins Line, P.O. Box 490 Rodney, ON NOL 2C0 Attention: Mayor and Council Subject: Request to extend stay at Enchanted Hideaway Park past October 31, 2011 Reference A: Dr. Stephen Jones comments October 04, 2011 (attached) B: Municipal By Law prohibiting remaining in the park after October 31st. Mr and Mrs Harry Rixham reside at Site 240 in the Enchanted Hideaway Park. Mrs Rixham is to have an operation in late October. This couple normally proceed South to the United States prior to the park closing October 31'. The Doctor states at Reference A that Mrs Rixham will not be able to travel until the end of November. We are requesting on their behalf permission to remain in the park until the end of November when Mrs Rixham is able to travel. Her operation will take place in the local area and their Doctor's practice is in Thamesville, Ontario. They presently live more than four hours from their immediate family. If this request is approved. The Rixham's are aware they will not be permitted to remain in the park past November 30 Thank you for your consideration. David nny Secretary /Treasurer for the Association. (51 (.2--.; f 74:`-I0 Enchanted Hideaway Maintenance RR #2, 20615 Gray Line Rodney, Ontario NOL 2C0 October 14, 2011 Municipality of West Elgin 22413 Hoskins Line, P.O. Box 490 Rodney, ON NOL 2C0 flcenn Secretary eas for the Association. nc :,�iii F L 9 y l e 9 011 Attention: Mayor and Council Subject: Request to extend stay at Enchanted Hideaway Park past October 31, 2011 Reference: Municipal By Law prohibiting remaining in the park after October 31st. Mr and Mrs Bill Wen reside at Site 234 in the Enchanted Hideaway Park. Mrs Wen has been in the hospital in St Thomas for the past month. She had an unfortunate accident that resulted in bones broken in both feet. She has been completely incapacitated during this period. Mr Wen informed me today he is expecting her home next Tuesday. Mr Wen stated they have Doctor appointments that take them up to November 10. He requested on his behalf if we would contact the Municipality to see if a waiver of the By Law at Reference can be obtained. Mr and Mrs Wen travel South to the United States when the park closes. Their routine has suffered a setback due to Mrs Wen's condition. We are requesting on their behalf permission for them to remain in the park until the mid November when Mrs Wen has her last Doctor's appointment. If this request is approved. The Wen's are aware they will not be permitted to remain in the park past the date approved by Council. Thank you for your consideration. PAD The Corporation of the Municipality of Central Elgin Douglas G. Gunn Chair Elgin Group Police Services Board 450 Sunset Drive St. Thomas, ON N5R 5V1 Dear Mr. Gunn: Yours truly, Dianne Wilson Deputy Clerk 450 Sunset Drive, 1 st Floor,St.Thomas, Ontario N5R 5V1 P:519.631.4860 F:519.631.4036 Re: Policing Costs UC T c.c. Elgin Group Police Services Board Member Municipalities M. McDonald, CAO, County of Elgin October 18 2011 Please be advised that Council discussed your correspondence respecting the above noted matter at their meeting dated Monday, October 17th, 2011 and the following resolution was passed: THAT: The Municipality of Central Elgin hereby agrees with the recommendation of the Elgin Group Police Services Board for a new five year contract for OPP services at an estimated annual policing cost of $5,860,043.00 representing a reduction of two full -time equivalent constables. CARRIED. Please feel free to contact me at the municipal office should you have any questions regarding this matter. D11 MAYOR Cameron McWilliam 28740 Celtic Line, R. R. Dutton, NOL iJo DEPUTY MAYOR Bob Purcell i58 Shacldeton Street Dutton, NoL iJo October 14, 2011 Elgin Group Policing Services Board County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Attention: Douglas G. Gunn Q.C. Dear Mr. Gunn: un paat of Ott® /Dwwth Box 329, 199 Currie Road, DUTTON, Ontario NoL i.Fo Telephone: (519) 762 -2204 Fax No. (519) 762 -2278 Clerk Administrator Ken Loveland RE: Policing Costs 1 COUNCILLORS Ian Fleck 272 Miler Road Box 542' Dutton, NoL iJo Donald H.Page 7949 Coyne Road R. R. 1 Wallacetown, NoL 2MO Dan McKillop 29094 Silver Clay Line, R.R. 3 Dutton, NoL 1Jo OF WEST r".:-_i OCT 2 1 2011 i The Council of the Municipality of Dutton Dunwich reviewed your letter of October 6, 2011 regarding the recent cost estimates for policing. On behalf of Council I would like to thank you and the Board members for all of the effort you have put forth in an attempt to reduce the policing costs for all of the member municipalities. After careful consideration it is the position of Council that they would like to renew the contract at the present level of service. You will find attached a report that I prepared for Council's consideration. We do however realize that not all of the member municipalities may be in the same position regarding the OMPF grant calculations and the effects may vary from municipality to municipality. If however the majority of the member municipalities wish to reduce services slightly the Council will be prepared to accept this decision. Council did not pass a resolution at this time however we await the decision of the remaining member municipalities. If however you have any questions concerning this matter please contact the undersigned. Ken Loveland Clerk Administrator KL:sc THE MUNICIPALITY OF DUTTON /DUNWICH TO: Mayor and Members of Council FROM: Ken Loveland, Clerk Administrator DATE: October 11, 2011 SUBJECT: Police Services RECOMMENDATION: That Council recommends to the Police Services Board that they enter into a contract with no cut in police services. INFORMATION: You will find attached a copy of a letter we received from Douglas G. Gunn, Chair for the Elgin Group Police Services Board regarding the new Policing contract. Although we should express our satisfaction to the board for their efforts to reduce the costs of the policing for all of the member Municipalities, it is always a difficult decision to cut services. Although we have been fortunate in our Municipality to have a relatively low volume of incidents this does not mean this will always continue. in my opinion we should also not only look at the gross costs for the contract but also the effect that each reduction would have on our net costs. Our Policing costs are offset by a portion of the O.M.P.F. grant. This grant subsidizes a portion of our Policing costs. You will also find attached a summary of the 2011 Policies Services Grant. Of course this grant is not cast in stone and could be changed by the provincial government. At present time our 2011 budgeted amount' for Policing is $506,000.00. 2011 Total Budget $506,000.00 Cost per household 331.80 Grant $138,622.00 Net Cost $367,378.00 Policing Costs No Change in Services Total Budget $529,620.00 Cost per household 347.30 Grant $150,440.00 Net Cost $379,180.00 Reduction of 1 Officer Total Budget $517,315.00 Cost per household 339.22 Grant $144,280.00 Net Cost $373,035.00 Reduction of 2 Officers Total Budget $505,135.00 Cos per household 331.24 Grant $138,195.00 Net Cost $366,940.00 Reduction of 3.29 Officers As you can see there would be a net increase of $11,802.00 in our policing costs if we receive no reduction in service and an increase of $5657.00 if we reduce by one Officer. If we reduce by 2 Officers the cost would be the some as 2011 and if we reduce by 3.29 Officers we would have a net savings of $8293.00 for the year. It is important to understand that these costs increases or decreases would vary form Municipality to Municipality based on the change in percentage of the police budget as well as the grant eligibility. It also must be realized that a small portion of this O.M.P.F. Grant may not be received for as much as two years in the future. One also must consider that a reduction in Officers may also result in a decrease in charges and a decrease in POA funding. This calculation does not take into account the reduction in lost grant. If we reduce the number of Officers our share of the $20,000.00 per Officer would be $1724.00, however the grant would also be reduced by $862.00 for a net deficit of $862.00 per Officer. SIGNATURES: Ken Loveland, Clerk Administrator joe McMillan Deputy Trearsurcr Total Budget $489,425.00 Cost per household 331.24 Grant $130,340.00 Net Cost $359,085.00 From: Kyle Kruger <KKruger(bayham.on.ca> Date: October 21, 2011 11:21:40 AM EDT To: Mark McDonald mmcdonald @a,elgin- county.on.ca>, <cao@twp.southwold.on.ca>, <DLeitch@centralelgin.org Jenny Reynaert <jreynaert®town.aylmer.on.ca>, <igroch�?u,westelgin.net>, <kloveland@duttondunwich.on.ca <mcasavecchia @malahide.ca> Subject: OPP Contract All, Just for quick reference, at its meeting last evening, Bayham Council supported the recommendation of the Police Services Board to move forward on a contract with a reduction equivalent to 2 full -time constables. Formal correspondence will be forthcoming. Thanks, Kyle Kyle Kruger Administrator Municipality of Bayham P13 Prom: Michelle Casavecchia <MCasavecchia @malahide.ca> Date: October 21, 2011 11:38:56 AM EDT To: Kyle Kruger <KKruger@,bayham.on.ca>, Mark McDonald mmcdonald@elgin- county.on.ca>, <cao@twp.southwold.on.ca>, <DLeitch@,centralelgin.orQ Jenny Reynaert <irevnaert@town.avlmer.on.ca <iaroch(ciwestelgin.net <kloveland @duttondunwich.on.ca> Subject: RE: OPP Contract Malahide Council also supported the recommendation to move forward on a contract with a reduction equivalent to 2 full -time constables. Michelle M. Casavecchia, D.P.A., C.M.O., CMM III Chief Administrative Officer /Clerk Township of Malahide 87 John Street South Aylmer, ON N5H 2C3 Phone: 519 -773 -5344, ext. 225 Fax: 519 -773 -5334 mcasavecchiaCcr�.malahide.ca www.malahide.ca