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January 26, 2012MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING JANUARY 26, 2012 Council Chambers, West Elgin Municipal Building DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA DELEGATIONS: 9:30 a.m. Public Meeting — Zoning Amendment — 233 Munroe Street (Simon Iu) (Al & B1) Public Meeting — Zoning Amendment - Lot 10, Concession BF (Newport) (A2 &B2) Proposed Severance — 238 Main Street (H Okolisan) (B3) Proposed Severance — Lot 4, Concession 7 (Vandenbrink/Wilson) (B4) Proposed Severance — Lot A, Concession 3 (Roelofs /Gasparatto) (B5) Chuck Quintyn — conditions for severances — Lots 9 & 10, Concession 14 — tree preservation plan (A3) Paul Laberge, ROP Global re: wind turbine proposal 1:30 p.m. David Pearce re: sidewalks in West Lorne 2:00 p.m. Seaside Waterfront Developments Inc (D6) PLANNING: (B1- B7) (See also D1, D2, D6) 1.* Report re: Zoning Amendment — 233 Munroe Street (Simon lu) 2.* Report re: Zoning Amendment — Lot 10, Concession BF (Newport) 3.* Report re: Proposed Severance — 238 Main Street (H Okolisan) 4.* Report re: Severance — Lot 4, Concession 7 (Vandenbrinkiwilson) 5.* Report re: Proposed Severance — Lot A, Concession 3 (Roelofs /Gasparatto) 6.* Report re: Water Well Policy 7.* Report re: Zoning Amendment - Bianco Jan. 26112 Page 2 REPORTS: (C1 -C7) 1. ROADS 2. RECREATION 3. BUILDING 4. WATER 5. DRAINS a) Quotes for Newtens Drain 6. WEST ELGIN PRIMARY SYSTEM 7. ADMINISTRATION a) *Report re: Swimming Pool Fencing CORRESPONDENCE: (D1 -D7) 1.* Fisheries and Oceans — proposed listing of Silver Lamprey 2.* Hickory Grove Campground -- request for exemption to opening date 3.* Elgin County Land Division Committee — Application for Consent (Roodzant Farms) 4.* Elgin County Land Division Committee — Application for Consent (Orford Sand & Gravel) 5.* Elgin County Land Division Committee — Application for Consent (Bodnar) 6.* Kirkness Consulting — Seaside Waterfront Inc. 7.* County of Elgin — County / City of St. Thomas Hockey Gam BY -LAWS By -law No. 2012 -02 By -law No. 2012 -04 By -law No. 2012-06 OTHER BUSINESS: (El) Employee Remuneration Authorize discharge of lien Zone Amendment (Newport) 1. Closed session — property disposition *Information enclosed Jan. 26112.. Page 3 CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS February 2, 2012 February 9, 2012 February 23, 2012 February 26 -20, 2012 Special Council — strategy session Council Council ROMAIOGRA conference - Toronto MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC MEETING ZONING BY -LAW AMENDMENT Dr. Simon Iu Medicine Professional Corporation (Simon Iu, Applicant) 233 Munroe Street -- Rodney �1 DATE & TIME: 9:30 a.m. Thursday, January 26th, 2012. 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 to permit the conversion of a building formerly used as a church for residential purposes. The proposed amendment would change the zoning of lands lying on the east side of Munroe Street and south of Queen Street in the Village of Rodney (see attached key map), comprising part of Lot 4 and part of Lot 5, Registered Plan 105, from the Residential First Density (R1) Zone and the Institutional (I) Zone to the 'site - specific' Residential First Density (R1-#) Zone. The applicant is requesting the re- zoning to permit the conversion of a former church that is situated on the lands to residential purposes and to partially fulfill conditions of a consent (Application E18/10) granted by the County of Elgin Land Division Committee on July 22, 2010 and amended by the Ontario Municipal Board (Case No. PL100847) on April 1, 2011. The lands proposed to be re -zoned to R1-# comprise an area of 975 square metres (10,495 sq ft), a frontage of 24.7 metres (81 ft) and a depth of 40.3 metres (132 ft). The parcel is occupied by the former St. Andrew's Presbyterian Church which, until 2009, had functioned as a place of worship since about 1877. The use of the church as a place of worship has officially ceased and the building lies vacant. The owner intends to convert the church to be used exclusively for residential purposes. The permitted uses of the Residential First Density (R1) Zone are restricted to a single unit detached dwelling, home occupation and an accessory use. The lot would satisfy the minimum lot area and minimum lot frontage requirements (580 sq. m. and 18 m respectively) of the R1 zone. A 'site- specific' Residential First Density (R1-#) zoning is proposed to include a "dwelling" as a permitted use and to establish appropriate standards with regard to building setbacks, height and coverage as may be necessary to ensure compliance with the Zoning By -law. The subject lands are designated 'Residential' in the West Elgin Official Plan. The proposed amendment is considered to be in conformity with the Plan. ANY PERSON may attend the public meeting and/or make a written or verbal representation either in support of, or in opposition to, the proposed amendment. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by -law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by -law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or from the Municipal Planner, Mr. Ted Halwa, at (519) 963 -1028 (London, Ontario). The information and material required under Sections 34(10.1) and 34(10.2) of the Planning Act have been provided and this shall serve as sufficient notice of same under Section 34 (10.4) of the Act. DATED AT RODNEY this 4th day of January, 2012. Norma Bryant a Clerk Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, Ontario NOL 2CO Telephone: Fax: Email: (519) 785-0560 (519) 785 -0644 nbryantewestelgin.net APPLICATION FOR A ZONING BY -LAW AMENDMENT: P14/2011 Dr. Simon Iu Medicine Professional Corporation (Simon lu, Applicant) 233 Munroe Street, Rodney Part of Lot 4 & part of Lot 5, Registered Plan 105 Municipality of West Elgin Municipality of WEST ELGIN CONCESSION VII LOT 5 CONCESSION VIII MI - wpm a _: mil III ra liNanIrrff.m .1.= -tx. I MEMI MIM I�! r IIi 1111 SIR 11. 111111 III IIII► :. %.ifisw 111111111. !Or 'L Am' 1no 711111 YE— -- ma0uNM elm .mal" rum En EN is LOT 6,4z .I PIONEER LINE r 1 we p.rt x`1111 1R ' !J .r,�.R �■,n.� ■::■ �. % fi k , MI r•a�;` =Ii - .P...rs _ _ ; t -ice MI II ■ MEI BE - - Imo WE.. — � '`'�- .: _ NG 5T•.3 LOT T +' %Y:S'JCS�l3t�' CONCESSION IX ■N 1 AREI ZONING I INSTITUTIONAL RI RESIDENTIAL FIRST DENSITY ��tion q`a i N iCCNC I INCA 1:1,000 LANDS PROPOSED TO BE RE -ZONED 'SITE - SPECIFIC' RESIDENTIAL FIRST DENSITY (R1 - #) Community Aanneers Inc. 1:12,000 ff Metres 0 150 300 450 600 MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC MEETING ZONING BY -LAW AMENDMENT Eva Newport (Robert Newport, Agent) Beattie Line & Fleming Line oz DATE & TIME: 9:30 a.m. Thursday, January 26th, 2012. 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 creating two separate agricultural parcels. The proposed amendment would re -zone lands lying on the north side of Beattie Line and east of Furnival Road (County Road No. 103) from the Agricultural (A1) Zone to the `site - specific' Agricultural (A1-#) Zone to partially fulfill conditions of consent imposed by the County of Elgin Land Division Committee in granting Application for Consent E25/11 to divide the lands into two separate agricultural parcels, The parcels were at one time separate legal entities but were subsequently inadvertently merged in title into one entity. The lands proposed to be rezoned 'site- specific' Agricultural (A1 - #) comprise the two parcels created by the abovenoted application. The northernmost parcel has an area of 23.7 hectares (58.5 acres) while the southernmost parcel has an area of 20.7 hectares (51.1 acres). Both parcels satisfy the minimum lot area requirements (19 ha) of the Al zone, however, both are without frontage on an open public road, and, therefore, would not meet the minimum lot frontage requirements of the Al zone. Access to the parcels is provided instead via an unopened road allowance. The parcels are devoid of buildings and structures and have been cleared for agricultural purposes with the exception of lands adjacent to the Thames River. No change in use is proposed. The `site - specific' Agricultural (A1-#) zoning being proposed would permit an exemption from the minimum lot frontage requirement of the Al zone. No buildings or structures, however, would be permitted as the parcels do not front or abut on a public road and no exemption is being proposed from this requirement of the Zoning By -law. 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 4th day of January, 2012. 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 BY-LAW AMENDMENT: P13/2011 Eva Newport (Robert Newport, Agent) Beattie Line & Fleming Line Part of Lot 10, Concession B.F. Western Division (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN CLACHAN ROAD if 11 1 Municipality of iBF Southwest Middlesex .11_1 I FLEMING LIN 6 7 I GIBB LINE 1 1 ' Ji 1 2 3 1 '1 I I Clachan ' ill IN/ 1 A VI JI & VII BEATTIE LINE' F 1 1 1 ID ar H6 8 '{12 13114 cc 15,166 17 2 ID' if. t(?.F 17if ij *-fE 1 0 i I 103 ! I JOHNSTON LINE MCLEAN LINE I 4 5 I 6 T 7 KINTYRE LINE I I MCDOUGALL LINE/ VII 2 ,104 vIII t t :1! A BC 2 / ; IX I X o f (/) Lai XI t .r xil HWY 401 I 103 i i ! 0 9 ' 10 11 i12 '-' 13 14 15 Q. ! r-1 ,.....r.W.,.. Lr. ■•■1..... , ), L>fij 2 _J 1 1-1-1 0, I r: 011/ I .. 1 1 1...,., MCMURCHY LINE O I - < I II 0 ce I 1 I f • CARROL LINE . % < § ; O 1 ; 1 f CRINAN LINE STALKER LINE I HOSKINS LINE I I ; i DOWNIE LINE MCMILLAN LINE ? , ! : PIONEER LINE Rodney QUEENS LI F 2 3 4 1 S 6 7 ; I 1 1 MARSH LINE THOMSON LINE o I ! I ; 1 ! < SILVER CLAY LINE 1 Z' z i : D New • I 1 Glasgow ;TALBOT LINE 1 1 8 I 9 1 10 11 ! 1 • LAKE ERE LANDS PROPOSED TO BE RE-ZONED 'SITE-SPECIFIC' AGRICULTURAL (A1-#) 1:15,000 TREE PRESERVATION & ENHANCEMENT REPORT for 23011 GRAY LINE Rodney, Ontario Prepared by: RON KOUDYS LANDSCAPE ARCHITECT INC. 368 Oxford St. E. London, Ontario 368 OXFORD STREET EAST. LONDON, ONTARIO. CANADA r.. SA lV7 January 2012 1 519- 667 -3322 1 F 519 -6 5 -247, E NIA.ILa PICLA..C4 1 W,PKLA.CA INTRODUCTION In January of 2012, our office undertook an assessment of the existing trees along the Gray Line frontage of the above noted project site with respect to tree health and preservation. The purpose of our assessment was to develop a retention strategy for the trees, with consideration for the development five proposed residential Tots and associated driveways, as indicated on the attached drawings. Gray Line is a gravel road with rural profile (narrow roadway, drainage ditches, no curb — see photo below). This section of the road forms part of the Trans - Canada Trail. Preservation of trees along the road is therefore important, as they enhance the trail experience. The subject property sits south of Gray Line, between the road and the shore of Lake Erie. This study focussed on proposed Tots 1 to 5, which form the west half of the property. The land is currently used for agricultural purposes. Our tree assessment area comprised a band of vegetation running along the front of proposed lots 1 to 5 adjacent to Gray Line. We observed a row of mature White Spruce along the eastern portion of the study area, primarily in front of proposed lot 1. These trees appear to have been planted intentionally, perhaps as a windbreak to protect adjacent farmland. interspersed between the Spruce trees are smaller deciduous trees such as Ash and Black Walnut, which appear to have taken root naturally when the Spruce were smaller. These deciduous trees are spaced quite densely and are now competing with the Spruce for sunlight and other resources. We observed that the Spruce are generally in poor or fair condition, and their natural branching structure has been negatively affected by the growth of the deciduous trees (see photo below). To the west of the row of Spruce, the trees are predominantly Ash and Black Walnut, with some Black Cherry and Elm also present. These trees may have been planted or may have grown up on their own. They are generally spaced farther apart than the trees in the Spruce area. We also noted grape vines on most trees in the study area (see photos below). The vigourous growth of these vines is choking the trees and over time will likely have a negative impact on their survival. The Ash trees on the site were generally in good condition. We did not observe any evidence of Emerald Ash Borer (no frass or exit holes); however, the trees may be vulnerable in the future, given the presence of the borer in other areas of Southwestern Ontario. Overall, the trees are in fair to good condition, but not of high quality. No rare or unusual species were noted on the site (refer to Tree Inventory, below). 1 _ "akaL View west along Gray Line, with the subject property to the left. Young deciduous trees with grape vines. 2 Grape vines choking out trees. GENERAL RECOMMENDATIONS Mature spruce competing with smaller deciduous trees. For the overall health of all the trees on the site, we recommend that the grape vines be removed. Some of the deciduous trees may need to be selectively culled in order to enhance the viability of the mature Spruce and some of the other more desirable species. Because the Spruce are in decline due to age and competition, they may also need to be culled at some point in the future. As noted above, the existing Ash trees are in generally good condition, but may be affected by Emerald Ash Borer in the future. If trees need to be removed to provide access to the proposed residential lots, consideration should be given to the likelihood of trees being affected by the Emerald Ash Borer in choosing which trees are to be removed. REMOVAL AND PROTECTION OF TREES TO BE RETAINED When determining which trees are to be retained and which trees are to be removed, consideration should be given to tree species, age, location and health; a detailed site examination; and requirements of the installation of the new residential driveways —in addition to the recommendations noted above. Any trees designated for removal should be reviewed by RKLA or a qualified arborist. The site plan and vegetation locations have been supplied by AGM Engineering. 3 See Figures T -1 to T -3 attached for tree locations and reference numbers. Trees not numbered are less than 100mm DBH and are predominantly Ash. The proposed driveways for lots 1 to 5 have been strategically located to minimize impacts on the existing trees due to construction. For lots 2 to 5, construction of the driveways will not require the removal of any trees. In the case of lot 1, the extensive vegetation along the frontage will require some tree removals to accommodate the proposed driveway. Due to their vulnerability to Emerald Ash Borer, it would be preferable to remove Ash trees rather than other species. After reviewing the proposed site plan supplied by AGM Engineering, we recommend that the driveway entrance be shifted roughly 11 metres to the east, to an area of small Ash trees (see T -3). This will allow the retention of a 25cm caliper Maple located where the driveway is currently shown. A Tree Preservation Zone (TPZ) has been established around much of the existing trees (see T -1 to T -3). This zone establishes the area in which trees located will be preserved (with remedial pruning to enhance tree health) or removed (if they represent a hazardous condition). The tree preservation barrier is to be maintained at the limit of the zone until all site construction has been completed. Preservation in the TPZ will be definite and no construction or site alterations will be allowed. No construction, stockpiling or heavy equipment will be permitted beyond the construction limit. (See Protective Tree Barrier Line / Refer to Detail). In this area, trees in poor condition that are to be removed should be felled carefully to minimize the impact to the trees to be retained (Refer to Pre - Construction Recommendations). Potential impacts of construction and associated tree removal may include: 1. Physical damage to branches, trunk and roots of trees to be retained. 2. Local moisture loss which may result from a decline in the water table during and after construction. The successful survival of the trees to be retained is largely dependent on adhering to the recommendations that follow. 4 NEW PLANTING Some additional planting may be appropriate in the future, in areas where the mature trees will eventually be removed. It is recommended that these trees be native species indigenous to the location. Some suggestions include: • Maple • Oak • Basswood • Hackberry • Kentucky Coffeetree SUMMARY These recommendations are designed to enhance the survival of trees to be retained. While it is always desiralbe to retain as many trees as possible on a site, some trees, because they are in poor condition or an undesirable species, cannot be saved for safety, aesthetics, or silvicultural reasons. There is no guarantee, however, that the trees to be retained will not be impacted. It should be noted that the trees not designated for removal due to poor health or potential impacts by construction should be reviewed by our office or a qualified arborist or forester to determine future removals. In addition to these recommendations, supplemental planting of native species should be made a condition for issuing building permit. CONSTRUCTION RECOMMENDATIONS A. Pre - Construction Recommendations The following practical recommendations are made to enhance the survival potential of the trees to be retained on site. 1. Prior to tree removal operations, the limit of the removals will be clearly marked (Le. all trees designated for removal to be marked with spray paint). 2. Trees on the site that should be removed for silvicultural, safety and aesthetic reasons should also be marked for cutting. (i.e. spray paint) during the overall tree clearing operation. Any cutting should be encouraged to take place prior to the end of April or after September. All cutting will be done by chain saw. 3. Care should be taken during the felling operation to avoid damaging the branches, stems and roots of the trees to be retained. Where possible all trees are to be felled towards construction to minimize impacts to adjacent vegetation. 4. Stem damage to trees from skidding operations during the removal process should be avoided. Trunks of trees to be retained near the 5 construction zone should be wrapped with three layers of snow fencing to provide protection. 5. Heavy equipment should not be allowed under the drip line (limit of branches) of the trees to be retained. 6. Broken branches on trees to be retained should be cleanly cut by a qualified arborist/horticulturalist as soon as possible after the damage occurred. 7. Final site grading should ensure that surface water is discharged from the site and the existing soil moisture conditions are maintained. B. Recommendations Related to the Construction Process 1. Snow fencing is to be maintained until all heavy construction work is complete. No movement of equipment or dumping of solvents, gasoline, etc. may occur within this fence line or within the project limits. 2. Where high quality specimens occur adjacent to areas subjected to intensive construction activity, wooden cribbing (i.e. planks and or plywood construction) should be erected to protect their trunks from damage in the event that heavy equipment breaks down the snow fencing. 3. During the excavation process, roots that are severed and exposed should be hand pruned to leave a clean cut surface. This will reduce the opportunity for pests or disease to enter through the wounds. 4. Where installation of private drain connections or water services by open cut methods will adversely affect the existing condition of tree roots, the contractor will install new services by trenchless methods or lining, at locations directed by the Contract Administrator. 5. Where the installation of a new water box or private drain clean -out is in close proximity to trees or Buildings, the contractor will excavate by hydro vacuum methods to minimize damages, at locations directed by the Contract Administrator. 6. If grade changes are required in areas adjacent to trees to be retained, work should be done to minimize impacts to the trees. Tree wells, retaining walls or other site features should be used. 7. Avoid running above ground wires and underground services near trees to be retained. 8. It is recommended that the existing ground layer vegetation remain intact so as not to disturb the virgin soil around the base of the existing trees. C. Post Construction Recommendations 1. After construction, a qualified arborist / horticulturalist should deep root feed and prune all trees that were retained. 2. Avoid discharging rain water leaders adjacent to retained trees. This may cause an overly moist environment which will cause the tree roots to rot. 3. After all work is completed, snow fences and other barriers should be removed. 4. A final review must be undertaken by a qualified environmental consultant to ensure that all mitigation measures as described above have been met. 6 TREE INVENTORY CROW CA STRUC ID . TREE SPECIES DBH N N T DECLINE COMMENTS No mm m SYMPTOMS 1 Basswood ( ?) 150 6 2 Black Walnut 450 4 3 Black Walnut 400 5 4 Black Walnut 350 5 5 Black Walnut 100 5 8 Black Walnut 100 5 7 Black Walnut 400 3.5 8 Ash 600 4 9 Black Walnuts 100 -200 3 filled with grape vines 10 Black Walnut 150 4 11 Black Walnut 200 3 12 Sumac 100 3 13 Black Cherry 400, 450 MS2 14 Black Walnut 430 5 15 Black Walnut 275 4 vines 16 Black Walnut 480 4 vines 17 Black Walnut 480 4 18 Black Walnut 125 4 covered in vines 19 Elm 900 5 20 Elm 250 4 21 Black Walnut 350 4 22 Ash 300 4 23 Maple 250 4 vines 24 Maple 250 3 25 Ash 500 3.5 26 White Spruce 750 3 27 Ash 200 3 28 Ash 300 3 29 Maple 250 3 growing towards sun 30 Ash grove 200 -400 3 31 Ash grove 150 -200 3 32 White Spruce 750 3 33 Black Walnut 350 4 34 Ash 150 3 35 Black Walnut 250 4 36 Ash 200 3 37 Ash 150 3 38 Ash 200 3 39 Ash 300 3 40 Ash 600 3 41 Black Walnut 150 3 42 White Spruce 600 3 43 Black Cherry 450 3 44 White Spruce 750 3 45 Ash 700 4 7 46 White Spruce 750 3 47 White Spruce 750 3 48 Maple 400 5 49 White Spruce 750 3 50 Black Walnut 400 3 51 White Spruce 750 3 52 Black Cherry 350 3 53 Ash 300 3 54 Black Walnut 450 3 55 Ash 250 3 56 White Spruce 700 3 EXECUTIVE SUMMARY It is the recommendation of this report that a tree protection barrier be established as per the attached T -1 to T -3. All excavations undertaken in conflict with existing trees to be retained shall be undertaken using the Trenchless, Lining, and Hydro Vacuum methods to ensure there is little or no damage to root systems. Contractors are to make themselves familiar with all excavation practices. 8 TREE PRESERVATION BARRIER DETAIL EXISTING TREE CROUN �--- DRIPLNNE PRUNE BROKEN / DAMAGED BRANCHES USING PROPER ARBORICULTURAL TECHNIQUES SNOW FENCE SUPPORTED TOP AND BOTTOM WITH HORIZONTAL (2X4) TIM5E17S TEMPORARY PROTECTIVE FDICING ORANGE P.V.C. SNOW FENCE INSTALLED NOT LESS THAN I0 (3' -4 ") OUTSIDI= THE DRIPLINE METAL 1800F11(6' -0 ") T-POST 3b00MM (,2' -0 9 MAX O.C. ALSO TO ALL HORIZONTAL AND VERTICAL DIRECTION CHANGES EXISTING GRADE 1t4DIBTURBED VEGETATION INCLUDING TREES, SAPLINGS, Si-€RUBS,GRASSES. AND SOIL ROOT DEPTH VARIES WITH SPECIES AND SOIL CONDITIONS, IMAbOR1TY OF FEEDER ROOTS ARE LOCATED IN NE TOP 60011 OF SOIL NQTE$: I. EXISTING TREES ARE TO BE PROTECTED FROM CONSTRICTION W #TH THE INSTALLATION OF A 120011M (4' -0 ") i-I'.GH SNOUT FENCE, AT NOT LESS THEN 0001?1 (3' -4') FROM THE EXISTING DRIPLINE, FIELD IN PLACE WITH 1802111 (6'•0 °)'T 2. THE BARRIER IS TO BE INSTALLED PRIOR TO ANY CONSTRUCTION AND MUST 1 MAIN IN PLACE UNTIL ALL CONSTRZTION IS COMPLETED. 3. ALL SUPPORTS AND BRACING SHOULD BE INSIDE THE TREE PROTECTION ZONE. ALL SUCH SUPPORTS SHOULD M€NNIZE DAMAGING ROOTS IN 11-1E TREE PROTECTION ZONE 4. NO CONSTRUCTION ACTIVITY, GRAPE CHANGES, SURFACE TREATMENT, OR EXCAVATION OF ANY KIND 18 PERMITTED WITHIN THE TREE PROTECTICAN ZONE. 5. NO MOVEMENT OF EQUIPMENT, STORAGE OF BUILDING SUPPLIES, CLEANING OR EQUIPMENT, OR DUMPING OF SOLVENTS, GASOLINE, ETC., MAY OCCUR WITHIN THIS FENCE LINE. 6. WHERE HIGH QUALITY SPECIMENS OCCUR ADJACENT TO AREAS SUBJECTED TO INTENSIVE CONSTRICTION ACTIVITY, WOODEN CRIBBING SHOULD BE INSTALLED TO PROTECT TRIMS FROM DOTAGE M NE EVENT THAT HEAVY EQUIPMENT BREAKS DOUN THE SNOW FENCING. 1. FENCE TO EE NNSPECT'D BY ENVIRONMENTAL CONSULTANT ON A REGULAR BASIS AND BE MAINTAINED BY THE SUBDIVIDER / BUILDER. TEMPORARY TREE PROTECTION BARRIER - N.T.S. 9 TREE INVENTORY CONSTRAINT CODE SYMBOL TREE STRUCTURE F L Significant forking contributing to structural instability Significant lean ( >15 %) contributing to structural instability CROWN CONDITION 5 Healthy: Tess than 10% crown decline 4 Slight decline: 11% - 30% crown decline 3 Moderate decline: 31 % - 60% crown decline 2 Severe decline: 61% - 90% crown decline 1 Dead DECLINE SYMPTOMS CANOPY C1 Leaf discolouration C2 Leaf disfiguration C3 Leaf chlorosis C4 Abnormal leaf shape C5 Abnormal leaf shape C6 Insect infestation C7 Girdling vine C8 Epicormic shoots STEM S1 Extensive cavity S2 Visible basal rot S3 Entry point for insect infestation S4 Fungi /galls /cankers S5 Sun scald S6 Frost cracks S7 Lightning scar S8 Bark stripping S9 Bark girdling ROOTS R1 Exposed surface roots R2 Severed roots R3 Absence of buttress flare ECO- SETTING Og Open grown Hr Hedgerow Fe Forest edge Fi Forest interior 10 TCH _ XISTING GRAD REE LINE 1 LINE 0)' PROPOSED DRiVEJAT 0 RON KOUDYS LANDSCAPE ARCHITECTS! Td 014)6S1,3322.1%. [5191645.24/4 TITLE: 23011 GRAY LINE VEGETATION ASSESSMENT Rodney, Ontario PROJECT NUMBER 12 -104 Sri 3321 W15IX3 SCALE: 1:500 DRAM gr: RKLA Inc. DAM Jan.20.2012 DRAONMCi NUMBER, T -1 33•11 9NJ141x3 m G) m RON KOUDYS LANDSCAPE ARCHITECTr S moaaa.raxcaanaww m 7*712/ %13577,is S1%663174 TITLE: 23011 GRAY LINE VEGETATION ASSESSMENT Rodney, Ontario PROJECT NIMESER= 12 -104 SCALE: 1;500 DRAll 4 BY: RKLA Inc. DATE: Jan. 20. 2012 DRAUA7JCs At1BER T -2 3NOZ ND 173102!. 3311 33x1 17NI19Ix3 m C3 v II RON KOUDYS LANDSCAPE ARCHITECTS Tet (5191657,1572 Fax 1519}71657/TI TITLE: 23011 GRAY LINE VEGETATION ASSESSMENT Rodney, Ontario PA?JECT NUIBER 12 -104 SCALE: 1;500 DR4UJ' Br: RKLA Inc. DAM- Jan.20.2012 BRAW11.4 WISER: T-3 8/ kjduu1 ___„,,on Community Planners Inc 24 January 2012 MEMORANDUM Fax 5l•1 =t33-777<: TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa #000812124 SUBJ: Public Meeting -- January 26th, 2012 - Amendment to the Zoning By -law — Dr. Simon lu Medicine Professional Corporation -- 233 Munroe Street - Rodney The purpose of the above - referenced public meeting scheduled for January 26th, 2012 is to consider a proposed amendment to the Village of Rodney Zoning By -law with respect to lands situated on the east side of Munroe Street south of Queen Street in the Village of Rodney. The amendment would satisfy a condition of the Ontario Municipal Board arising from an appeal brought by the former owner, being the Trustee Board of the Presbyterian Church of Canada, to a consent granted by the Elgin County Land Division Committee on July 22, 2010 (Figure 1). The purpose of the consent was to sever the portion of the subject lands occupied by the church from that portion occupied by an adjacent single unit detached dwelling which once served as a manse. The church, St. Andrew's Presbyterian, until 2009 had functioned as a place of worship since about 1877. Following the decision of the OMB and prior to the severance being concluded, the entire parcel was acquired by the current owner. The new owner subsequently made application for re- zoning to satisfy the condition upheld by the OMB that the lands be rezoned and to permit the conversion of the church to residential purposes for his own use. The proposed re- zoning is from Residential First Density (R1) and Institutional (I) to a 'site- specific' Residential First Density (R1 - #) Zone in accordance with the conditional consent granted by the LDC. The lands affected comprise an area of 975 square metres (10,495 sq ft), a frontage of 24.7 metres (81 ft) and a depth of 40.3 metres (132 ft). The permitted uses of the Residential First Density (R1) Zone are restricted to a single unit detached dwelling, home occupation and an accessory use. The minimum lot Community Planners Inc Dr. Simon iu Medicine Professional Corporation Proposed Zoning By -law Amendment Municipality of West Elgin 24 January 2012 page 2 #0008/2124 area and minimum lot frontage requirements (580 sq. m. and 18 m respectively) of the R1 zone would be satisfied. The 'site - specific' Residential First Density (R1 - #) zoning would include a "dwelling" as a permitted use and would establish appropriate standards with regard to building setbacks, height and coverage as may be necessary to ensure compliance with the Zoning By -law. The balance of the parcel would remain zoned R1 and would satisfy the minimum lot area and lot frontage requirements for a new lot in the R1 zone. Subsequent to the giving of notice on the public meeting to consider the proposed amendment, the new owner submitted a revised plan for the re- configuration of the parcel (Figure 2). Under the revised plan, the side yard along the northerly side of the church would increase from 1.5 metres (5 ft) to a minimum of 3.4 metres (11 ft) which, according to the owner, would "safeguard the easement on the north side of the church ". In fact, the easement would appear to be redundant. In addition, at the rear of the parcel to the north of the church, the lands included with the church would be enlarged to provide a parking area. The lot line would be angled slightly to facilitate, according to the owner, potential difficulties in turning /maneuvering vehicles although this would not appear to be necessary. These lands along with lands for a wider side yard which were previously included with the lands occupied by the dwelling in the parcel created by the LDC would result in the lot occupied by the dwelling having slightly less than the minimum lot area requirement (580 sq m) of the R1 zone. The abovenoted revisions to the consent granted by the LDC represent a significant variation to what was granted by the LDC. Given the extent of the revisions, the Secretary to the LDC has advised that a new application for consent would be required. Consequently, adoption of the proposed amendment to the Zoning By -law, being based on the previous decision of the LDC, is premature. As the notice had already been given prior to receiving the proposed re- configuration of the parcel, it was decided to proceed with the public meeting in any event. Public input at this stage would be beneficial to identify any new issues arising from the propose re- configuration. Consideration of a revised version of the proposed amendment would follow the decision of the LDC on the new application and, assuming it is granted, a second public meeting on the rezoning of the lands may or may not be necessary as ultimately Com munity _a5 Planners Inc Dr. Simon lu Medicine Professional Corporation Proposed Zoning By -law Amendment Municipality of West Elgin 24 January 2012 page 3 #0008/2124 determined by Council. The decision on initial consent would lapse unless resurrected by the owner prior to that date. (original signed by) Ted L. Halwa, MCIP, RPP SUBJECT LANDS 233 Munroe Street, Rodney Part of Lot 4 & part of Lot 5, RP 105 Municipality of West Elgin The Trustee Board of The Presbyterian Church in Canada As granted by the Elgin County Land Division Committee on July 22, 2010 Municipality of WEST ELGIN FIGURE 1 E MI ■ erefte i imulf &Mew +Jll 1 J 1 w 3 p ati'" s 40.3.m.._•. i 1 i.■ Ifilmwaffili°11g°ffigger" a■IIE dr. 975 sq m (10,495 sq ft) 1 11 411 mpl 1:300 0 5 10 15 Metres 20 SUBJECT LANDS 233 Munroe Street, Rodney Part of Lot 4 & part of Lot 5, RP 105 Municipality of West Elgin As proposed by new owner: Simon Iu Medicine Professional Corporation Municipality of WEST ELGIN FIGURE 2 E ■ isbts? ■ J— if�� ++i� ell — — 11 30 m r DWELLING 1 1 DRIVEWAY 1♦ N 1 CN N ifate' n 113•15111 a Mom Aid 3.4 m 529 sq m (5,690 sq ft) 1 nimittir F� __ _ -I CHURCH 11 "•f re 1,500 sq m (16,150 sq ft) irk 40.3 m i r i I1 1:300 0 5 Metres 10 15 20 801 Community ty Planners Inc Iii; dd! sLY County- Bt: ilklcr`7 3?9 RIC1out 3 reci North Li:ncon Qntati;, N 3A 2P1 Ta! Community Planners Inc 23 January 2012 ;519) 963- [023 Fax• .51- r }438- MEMORANDUM #000812123 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Public Meeting - January 26th, 2012 - Amendment to the Zoning By -law (P13/2011) — Eva Newport — Beattie Line & Furnival Road — Part of Lot 10 and part of Lot 11, Con B.F. 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. The amendment, if adopted, would satisfy a condition imposed by the Elgin County Land Division Committee on 28 April 2011 in the granting of corresponding Application for Consent (E25111) for the purposes of dividing the subject lands into two separate parcels. The parcels were separate at one time but were inadvertently merged in title becoming one legal entity. The consent, once concluded, would recreate the original parcels and restore their status as it existed prior to their inadvertent merger in title. The subject lands are situated westerly of Furnival Road (County Road No. 103) off Beattie Line in the northerly end of the Municipality with considerable frontage on the Thames River but without frontage on a public road. The proposed change in zoning is from the Agricultural (Al) Zone to the `site - specific' Agricultural (A1 -81) Zone. The lands proposed to be zoned A1-81 comprise the two parcels re- created by the LDC. The northernmost parcel has an area of 23.7 hectares (58.5 acres) while the southernmost parcel has an area of 20.7 hectares (51.1 acres). Both parcels satisfy the minimum lot area requirements (19 ha) of the Al zone, however, being without frontage on a public road would not meet the minimum lot frontage requirement (150 m) of the Al zone. Access to the parcels is provided instead via an unopened municipal road allowance. Community ;Manners Inc Eva Newport - Proposed Zoning By -law Amendment Municipality of West Elgin 23 January, 2012 page 2 #0008/2123 The parcels are devoid of buildings and structures and have bean cleared for agricultural purposes with the exception of lands adjacent to the Thames River. No change in use is proposed. The A -81 zoning permits an exemption from the minimum lot frontage requirement of the Al zone. No buildings or structures would be permitted (and none are proposed) as the parcels do not front or abut on a public road. The lands are designated 'Agricultural' in the West Elgin Official Plan. The draft By -law is considered to be consistent with the PPS and in conformity with the Official Plan. In granting the application, the Land Division Committee also imposed the following condition: Subject to a registered easement over unopened Furnival Road to provide access to the subject lands Under the Planning Act [Section 50(3)], the consent of the Land Division Committee is not required to register such an easement in perpetuity insofar as the right of use in this instance would be granted by the Municipality of West Elgin over the unopened road allowance. Permission of the Municipality will be required. This condition is being addressed by the Applicant's solicitor. (original signed by) Ted L. Halwa, MCIP, RPP enclosure MUNICIPALITY OF WEST ELGIN PURPOSE AND EFFECT BY -LAW NO. Eva Newport (Robert Newport, Agent) Beattie Line & Furnival Road The purpose of this By -law is to change the zoning of lands Tying northerly of Fleming Line and westerly of Furnival Road (County Road No. 103) from the Agricultural (Al) Zone to the 'site - specific' Agricultural (A1 -81) Zone to partially fulfill conditions of consent imposed by the County of Elgin Land Division Committee in granting Application for Consent E25111 to divide the lands into two separate agricultural parcels. The parcels were at one time separate legal entities but were subsequently and inadvertently merged in title into one entity. The lands zoned 'site- specific' Agricultural (A1 -81) comprise the two parcels created by the granting of the abovenoted application. The northernmost parcel has an area of 23.7 hectares (58.5 acres) while the southernmost parcel has an area of 20.7 hectares (51.1 acres). Both parcels satisfy the minimum lot area requirements (19 ha) of the Al zone, however, being without frontage on a public road would not meet the minimum lot frontage requirements of the Al zone. Access to the parcels is provided instead via an unopened road allowance under the jurisdiction of the Municipality. The parcels are devoid of buildings and structures and have been cleared for agricultural purposes with the exception of lands adjacent to the Thames River. No change in use is proposed. The 'site- specific' Agricultural (A1 -81) zoning permits an exemption from the minimum lot frontage requirement of the Al zone. No buildings or structures, however, are permitted as the parcels do not front or abut on a public road and no exemption is being proposed from this requirement of the Zoning By -law. The subject lands are designated `Agricultural' in the Municipality of West Elgin Official Plan. The By- law is considered to be in conformity with the Plan. 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 Eva Newport (Robert Newport, Agent) Beattie Line and Furnival Road WHEREAS the County of Elgin Land Division Committee has granted permission to the creation of two separate agricultural parcels (Application for Consent E25111) 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 lands to ensure compliance with the requirements of the Zoning By -law with respect to frontage on a public road; 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: "5.3.81 a) DEFINED AREA Al -81 as shown on Schedule "A ", Map No. 3 to this By -taw. b) MINIMUM LOT FRONTAGE 0 m" 2. 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 `site - specific' Agricultural (A1 -81) Zone those LOT 9 Municipality of Southwest Middlesex a W r r~ a 0 A1-81 LOT 10 CONCESSION B.F. nopened road allowance LOT 11 CONCESSION I This is Schedule "A" to By -law No. Passed this day of 2012. Mayor Clerk 0 0 2 CC L_ BEATTIE LINE Municipality of WEST ELGIN SCHEDULE 'A' 1:5,000 Metres 0 25 50 100 150 200 250 Community Planners Inc B tl< cik sex County Building .399 R.dout Street 3NorTh London_ O lark nt„ ; 291 3 23 January 2012 06 :3- )'33 Fax: '51.9) .38-77 MEMORANDUM #000812136 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance — Helen Okolisan — 238 Main Street — west of Maple Street south of Main Street — Village of West Lorne 1. Purpose • to enlarge an existing residential lots through the conveyance of abutting lands; • the lands proposed to be conveyed have a width of 26.8 metres (88 ft), a depth of 36.6 metres (120 ft) and an area of 981 square metres (10,560 sq. ft.). The parcel, which is devoid of buildings and structures, is proposed to be added (merged in name and title) to the abutting residential lot to the north occupied by the owner's residence. If granted, the existing residential lot would be increased in size from 1,079 square metres (0.3 acres) to 2,060 square metres (0.5 acres). The frontage of the lot, at 26.8 metres (88 ft), would not change. No additional lot would be created; • the lands proposed to be retained have a frontage of 28.1 metres (92 ft) on Main Street, irregular depth and an area of approximately 1.3 hectares (3.1 ac). The parcel is without buildings or structures and is separated by a Hydro One power corridor from additional lands to the south owned by the owner. No change in use is proposed; • the owner applied for and was granted consent to enlarge abutting residential lands to the west (owned by George & Carol Okolisan) in 2008. 2. Provincial Policy Statement (PPS) and Official Plan Community _n .. Planners Inc Helen Okolisan - Proposed Severance Municipality of West Elgin 23 January 2012 page 2 ##0008/2136 • under the Provincial Policy Statement, 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; • the subject lands are situated within the designated `Village' of West Lorne in the West Elgin Official Plan, being 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) • allowing the lot addition would maintain the rectangular shape of the existing lot would not have any apparent adverse impacts on neighbouring residential uses and would be more in keeping with the depth of abutting residential lots; • 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 • the lands being conveyed are zoned `site - specific' Future Residential (FR -1) while the existing lot being enlarged is zoned Residential First Density (R1) in the Village of West Lorne Zoning By -law. A change in zoning of the lands being conveyed from FR -1 to R1 is required, consistent with the zoning of the lands being enlarged and thereby avoiding more than one zone applying to a property. The enlarged parcel would readily satisfy the minimum lot area and lot frontage requirements (5809 sq m & 15 m respectively) of the R1 zone; Community Planners Inc Helen Okollsan - Proposed Severance Municipality of West Elgin 23 January 2012 page 3 #0008 /2136 • the FR -1 zone standards applying to the lands being retained would need to be amended to reflect a new minimum lot area and lot frontage standard for the reconfigured lot;. • the amendment to the Zoning By -law is required to maintain compliance with the By -law. 4. Other • the proposed conveyance would not appear to compromise the future extension of Maple Street. • the proposed conveyance considered appropriate and in conformity with the relevant sections of the West Elgin Official Plan. 5. RECOMMENDATION That the proposed consent by Helen Oko'lean be supported subject to the following conditions and the Elgin Land Division Committee advised accordingly: a) That the lands being conveyed be re -zoned Residential First Density (R1) consistent with the zoning of the lands to which they are being added to; b) That the `site- specific' Future Residential (FR-1) zoning applying to the lands being retained be amended to establish new minimum lot area and lot frontage requirements; c) That the lands being conveyed are merged in the same name and title as the lands to which they are being added; d) 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. Community Planners Inc Helen Okalisan - Proposed Severance Municipality of West Elgin 23 January 2012 page 4 REASONS i) Consistency with the Provincial Policy Statement would be maintained; #0008/2136 ii) Conformity with the West Elgin Official Plan would be maintained; iii) The requirements of the West Lorne 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 APPLICATION FOR A CONSENT Helen Okolisan 238 Main Street, West Lorne Part of Lot 35, Plan 199 & Part 2, R,P. 11R-2721 Part of Lot 17, Concession IX Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 ZONING TOWNSHIP OF ALDBOROUGH Al AGRICULTURAL Cl HAMLET COMMERCIAL RR2 RURAL RESIDENTIAL TWO VILLAGE OF WEST LORNE FR FUTURE RESIDENTIAL RI RESIDENTIAL FIRST DENSITY CaTrnur'ry Fiarrzrs Inc LANDS TO BE CONVEYED AND MERGED IN TITLE WITH ABUTTING RESIDENTIAL LOT LANDS TO BE RETAINED 1:2,000 Metres 0 25 50 75 100 Community Planners Inc B4 339 Rrdoui Street North London. Owl' -ir.o iN6A 2P € 23 January 2012 Fax. 519 - 333-''; ?'.' MEMORANDUM #000812139 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance — Alan Vandenbrink & Maria Wilson — 21716 Queens Line — north side of Queens Line (County Road No. 104) - west of the Village of Rodney 1. Purpose • to create a lot out of a 39.8 hectare (98.4 acre) parcel for the purpose of disposing a surplus farm dwelling; the lands proposed to be conveyed have a frontage of 61 metres (200 ft), a depth of 67 metres (220 ft) and an area of 4,088 square metres (1.0 acres). The parcel is occupied by a single unit dwelling erected circa 2000 and an in- ground pool. No change in use is proposed; • the lands proposed to be retained would have a frontage of 137 metres (449 ft) on Queens Line, a frontage of 290 metres (951 ft) on Hoskins Line and an area of 39.4 hectares (97.4 acres). The parcel is without buildings or structures and has been primarily cleared for agricultural purposes with the exception of a woodiot situated in the northerly portion of the farm adjacent to Hoskins Line. No change in use is proposed; • Alan Vandenbrink and Maria Wilson purchased the lands in 1999. Mr. Vandenbrink farms the lands being retained (cash crop) in conjunction with one other farm (20892 Hoskins Line) owned by him and Ms. Wilson; • 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. A retirement lot was previously created from the farm in 1999 on which is situated a dwelling formerly owned by William and Community Planners Inc A. Vandenbrink & M. Wilson - Proposed Severance Municipality of West Elgin January 23, 2012 page 2 #000812139 Margaret Vandenbrink (Mr. Vandenbrinks' parents) and purchased by the applicants in October 2011 as their principal residence. 2. Provincial Policy Statement (PPS) and Official Plan • in prime agricultural areas, the creation of a lot for the purpose of disposing a residence surplus to a farming operation is permitted by the PPS. A surplus residence is defined as an existing farm residence that is rendered surplus a result of farm consolidation. Farm consolidation is defined by the PPS as: the acquisition of additional farm parcels to be operated as one farm operation; • in this instance, the dwelling on the lands being retained is considered surplus to the needs of the owners. In 2008, a dwelling situated at 20892 Hoskins Line (being the other aforementioned farm owned by Vandenbrink and Wilson) was severed from the balance of the farm to dispose a surplus farm dwelling; • while not explicitly stated by PPS, it is nevertheless implied that a farm operation consists of a 'home' farm — a location where the applicants would maintain a principal residence. Nevertheless, Council has in the past supported similar applications where the applicants did not reside at a 'home' farm. In the case of Thamesville Auto Supply Limited, a surplus dwelling was severed at 23348 Pioneer Line even though the owner and president Joe Fischer resides in the Village of West Lorne; • 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 Tots 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; Community Planners Inc A. Vandenbrink & M. Wilson - Proposed Severance Municipality of West Elgin January 23, 2012 page 3 #000812139 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 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 dwelling on the lands being conveyed is serviced by an on -site water supply (well) and sanitary waste disposal system. Confirmation will be required to ensure that the sanitary waste disposal system is wholly contained on the proposed lot which, based on the dimensions 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 Queens Line (County Road No. 104) -- a public road under the jurisdiction of the County. The lands being retained have a separate field entrance 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 normally be- rezoned Special Agricultural (A2) given its size. 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 would be satisfied. In this instance, however, the proposed lot is situated in proximity to a cluster of existing residential Tots zoned Rural Residential Three (RR3). To avoid the potential for future land use conflicts, the appropriate zoning to apply would be RR3. The lot would readily satisfy the minimum lot area and lot frontage requirements (1,850 and 30 m respectively) of the RR3 zone but would exceed the maximum lot area requirement of 4,000 sq m. A reduction in the area of the lot to comply with this standard appears fasible; Community 'fanners Inc A. Vandenbrink & M. Wilson - Proposed Severance Municipality of West Elgin January 23, 2012 page 4 #0008/2139 • the lands being retained would satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m respectively) of the Al zone. A re- zoning to 'site- specific' Agricultural (A1 - #) would be required to prohibit a dwelling being erected on the parcel in the future as stipulated by the PPS and the Official Plan. 4. Conclusions • 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. 5. RECOMMENDATION That the proposed consent by Alan Vandenbrink & Maria Wilson be supported subject to the following conditions and the Elgin Land Division Committee advised accordingly: i) That the lands being conveyed be re -zoned to Rural Residential Three (RR3) to permit their size and use for residential purposes; 19 That the lands being retained be re -zoned `site - specific' Agricultural (A14) to prohibit the erection of a dwelling thereon in the future; lii) That the lands being conveyed be reduced in area to a maximum of 4,000 square metres; iv) 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; REASONS Community Planners Inc A. Vandenbrink & M. Wilson • Proposed Severance Municipality of West Elgin January 23, 2012 page 5 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. (original signed by) Ted L. Halwa, MCIP, RPP #000812139 APPLICATION FOR A CONSENT A. Vandenbrink & M. Wilson 21716 Queens Line Part of Lot 4, Concession VII Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 • GORE C:ONCESSION au w.yd ma 104 A2:- c ssloN u�lil; Al Alr Photo:2006 ZONING Al AGRICULTURAL A2 SPECIAL AGRICULTURAL C1 HAMLET COMMERCIAL M2 GENERAL INDUSTRIAL RR3 RURAL RESIDENTIAL THREE ConTruntty Flamers Inc ''. ') o � LANDS TO BE CONVEYED LANDS TO BE RETAINED WOODLANDS (Municipality of West Elgin Official Plan) 1:8,000 Metres 0 100 200 300 40D Community Planners Inc 3 5: 1314E }l;t Street Oelafio N(3,\ 2E 'l 24 January 2012 X31 13H-777.: MEMORANDUM #000812102 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance — Donna Roelofs & Mark Gasparatto -- 20137 Johnston Line - part of Lot A Concession III — east side of Ciachan Road south of Johnston Line (County Road No. 6) The abovenoted proposed severance was considered by Council in October 2011, namely, to sever a large parcel comprising a former gravel pit and agricultural land into two separate parcels (Figure 1). At the time, it was also proposed that the southerly parcel (the lands being conveyed) be merged in title with an abutting undersized agricultural parcel of 3.2 ha (8 acres) owned by Larry Miller (21499 Clachan Road) and occupied by two large livestock barns and a number of inground manure tanks. On this basis, our recommendation to Council included the merger as a condition to recommend to the Elgin County Land Division Committee (LDC), i.e. the approval authority. The lands proposed to be convened 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 is devoid of buildings or structures. 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", has been surrendered to the Ministry of Natural Resources. The only material difference between the proposal now submitted by the owners and the proposal considered by Council in October 2011 is that the consolidation (merger) of lands as noted above is no longer acceptable to the owners as they do not wish to be restricted to one potential purchaser for the lands being severed. Community PIanners D. Roelofs & M. Gasparatto— Proposed Severance Municipality of West Elgin 24 January 2012 page 2 #000812102 While it would be desirable to require the consolidation in title of the lands being conveyed with the small abutting undersized parcel given the nature and size of livestock buildings and structures situated on it and while the LDC may arguably be within its jurisdiction to do so, it would appear unreasonable to impose such consolidation. On its own merits, i.e. without the intended merger, the proposed severance would still meet the tests for consistency with the Provincial Policy Statement (PPS) and conformity with the West Elgin Official Plan. Compliance with the Zoning By -law would be maintained. RECOMMENDATION That the previous conditions related to the consent proposed by Donna Roelofs & Mark Gasparatto as set out in our report to Council dated 24 October, 2011 which would require the merger in title with the abutting 3.2 ha parcel owned by Larry Miller be rescinded. (original signed by) Ted L. Halwa, MCIP, RPP APPLICATION FOR A CONSENT Donna Roelofs & Mark Gasparatto 20137 Johnston Line Lot A, Concession 111 Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 ZONING Al AGRICULTURAL HR HAMLET RESIDENTIAL INSTITUTIONAL M3 EXTRACTIVE INDUSTRIAL RR3 RURAL RESIDENTIAL THREE -!Municipality of `CHATHAM KENT LANDS TO BE CONVEYED LANDS TO BE RETAINED 1:10,000 0 160 300 450 Metres 600 1-licuies,::.r Cow ailic.9t72 399 R €dout street North London Ontario. iN6A 2P1 B6 Community Planners Inc 24 January 2012 T.i: (519) 963-1028 ,x. t3 9 t 8 e -fna0- €dlldC)EleC3IYfl L'Ln;typli' ners.cor,: MEMORANDUM #0008/2103 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa RE: Well Water Policy — Municipality of West Elgin Further to our report dated 25 October 2011 with respect to the abovenoted matter, we have undertaken a further review of determining what would constitute an adequate and potable supply of water when new building lots are being created and a municipal water supply is not otherwise available. These findings could possibly form the basis of what would constitute an appropriate refinement to the policy of the Municipality stipulated in the West Elgin Official Plan that is designed to ensure building lots are not created only to subsequently found to be inadequately supplied with water from the standpoint of either quantity and /or quality. Under the Ontario Building Code Act, a permit can be issued for a dwelling without assurances of an adequate and potable water supply. To ensure that building lots are not created and homes built without an on -site well (where required) capable of supplying an adequate and potable supply of water, it would be necessary to actually dig or drill a well and to subsequently test it for quantity (or performance) and quality before the lot is created and before any building permit is issued. A letter /report from a well driller as to the probability of finding an adequate and potable supply (as is often provided and, in the past, accepted) or from a hydro - geologist is not conclusive. Based on our discussions with Laskey Services, a long established well driller operating out of Strathroy, digging or drilling a well and undertaking the appropriate testing for flow and quality remains the only conclusive means of establishing the adequacy and potability of an on -site well to service a residential building lot. The Safe Drinking Water Act, 2002 and regulations thereunder govern drinking water quality standards and testing requirements. Well drillers are subject to the Wells Regulation (OR No. 903) that sets out the technical requirements for all aspects of wells. While there is no minimum sustained rate or yield of water supply specified under the Act, the standard (in the general sense of the word, as opposed to the regulatory Community Planners Inc Well Water Policy — Creation of New Residential Lots Municipality of West Elgin 24 January 2012 page 2 #0008/2103 sense) of 2 gallons /min (7.6 litres per minute) was widely accepted as the minimum supply for many years. In the 1980's this standard was increased to 11.4 litres per minute (3 gallons /min). Mr. Laskey has advised that a minimum supply of 18.9 litres, per minute (5 gallons /min) based on prevailing lifestyles and water consumption would be more realistic. To ensure that building lots are not created without a guaranteed source of a water supply in terms of both quantity and quality, a test well should be required. The most appropriate time in the approval process for undertaking this requirement and supplying the necessary documentation is after the consent to create the lot has been granted but before the lot is registered. The requirement would be imposed as a condition of consent and the following parameters are proposed before the condition would be `cleared' i.e., deemed to have been satisfied. 1. A minimum sustained yield based on 5 gallons /min (18.9 litres per minute); 2. Quality assurances in accordance with the Safe Drinking Water Act, 2002. As the cost is significant, it is recognized that such a requirement is likely to be resisted by those applying for consents to create residential building lots serviced by on -site wells. On the other hand, the implications of not requiring a test well that has been demonstrated to meet minimum standards with respect to quality and quantity prior to the lot being created (and possibly sold to a third party potentially greater problems including pressure on the municipality to assist in resolving the issue on the basis that it supported creation of the lot in the first instance. Two recent proposals to create building lots where a municipal water supply is not available in the Municipality are potentially affected. One of these, Chuck and Michelle Quintyn, is to create 5 building lots on Grey Line west of Mistele Sideroad. The LDC, at the recommendation of the Municipality, imposed the condition, amongst others, that its decision was subject to the provision of an adequate and potable water supply to the satisfaction of the Municipality. The other, by Walter Bianco, is to create two building Tots east of Mistele Sideroad. The LDC, again at the recommendation of the Municipality, imposed a similar condition. In both instances, the conditions remain unresolved. In the case of Quintyn, the owners have submitted two Community Tanners Inc Well Water Policy - Creation of New Residential Lots Municipality of West Elgin 24 January 2012 page 3 #0008/2103 reports from local well drillers both expressing doubt that a reliable and adequate well water supply is capable of being provided. Extending the municipal water supply on Mistele Sideroad is being pursued by the owners as an alternative. (original signed by) Ted L. Halwa, MCIP, RPP 87 N « . Community Planners Inc 24 January 2012 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Amendment to the Zoning By -law (P11/2011) — Waiter Bianco — 23573 Gray Line #0008/2096 Correspondence was received from the Ministry of Municipal Affairs and Housing (MMAH) dated 9 December 2011 and was reviewed at the public meeting held on 15 December 2011 with respect to the abovementioned application. The Ministry has advised that the impact of the proposed land use change (i.e. re- zoning) on natural heritage features should be addressed prior to adoption of the zoning by -law amendment. Specific concerns raised by the Ministry of Natural Resources (MNR) and conveyed to the Municipality by MMAH are: -a portion of the subject lands are designated Woodlands' in the West Elgin Official Plan. Surrounding lands are also designated Woodlands'. Development only permitted in significant woodlands and on adjacent lands where it can be demonstrated that there will be no negative impacts. Need to have regard to Section 3.3.7, Section 3.3.8 and Section 3.3.9 of the Plan; - several occurrences of "species at risk" and "endangered species" on lands surrounding the subject lands; - existence of unevaluated wetlands within the wooded areas surrounding the subject lands; - potential existence of significant wildlife habitat on the subject lands. Further consideration of the proposed zoning by -law amendment was tabled to the January 2012 meeting of Council to provide sufficient time to review the issues raised through consultation with MNR and Community ,Planners Inc Walter Bianco - Proposed Zoning By -law Amendment Municipality of West Elgin 24 January 2012 page 2 #000812096 MMAH. We have now had the opportunity to discuss the issues raised with the Ministry of Natural Resources. Under the Natural Heritage policies (Section 2.1) of the Provincial Policy Statement (PPS), development and site alteration are not permitted in significant habitats, significant wetlands and significant woodlands unless it has been demonstrated that there will be no negative impacts on these features. The Ministry recommends an environmental impact assessment be undertaken by the owner to address the afore -noted natural heritage issues to confirm their existence, significance and to make recommendations on mitigation measures. In reviewing the rationale for an environmental impact assessment, we are not convinced such a study is warranted in the circumstances. It is our conclusion that the natural heritage issues raised by MNR are either irrelevant, affect lands adjacent to the lands owned by Mr. Bianco or potentially affect lands comprising a portion of Mr. Bianco's lands which are not likely to be disturbed by the proposed development of the two building Tots being created. (original signed by) Ted L. Halwa, MCIP, RPP APPLICATION FOR A CONSENT Walter Bianco 23573 Gray Line Part of Lot 11, Concession XIV (Aldbourough) Township of West Elgin Municipality of WEST ELGIN FIGURE 1 Air Photo: 2006 Note: All boundaries are approximate. ZONING Al AGRICULTURAL LR LAKESHORE RESIDENTIAL L0 'FPUf Iv ® 9 LANDS PROPOSED TO BE CONVEYED LANDS PROPOSED TO BE RETAINED WOODLANDS (MUNICIPALITY OF WEST ELGIN OFFICIAL PLAN) a REGULATORY LINE (LOWER THAMES VALLEY CONSERVATION AUTHORITY) 1:2,000 Metres 0 25 50 75 100 TO: FROM: uxr`rciFrttCikg of C 7 Ca) 8St Pgitt COUNCIL OF THE MUNICIPALITY OF WEST ELGIN NORMA BRYANT, CLERK LORNE MCLEOD, CBO DATE: JANUARY 26, 2012 SUBJECT: SWIMMING POOL FENCING RECOMMENDATIONS: 1. That the staff report be received. 2. That a new section providing for exceptions for above- ground swimming pools be added to the Swimming Pool Fencing By-law INTRODUCTION: At the meeting held on October 13, 2011, Council directed staff to review the swimming pool fencing by -law. BACKGROUND: The issue that has been brought forward relates to fencing of swimming pools in rural areas of the municipality. Why do we require swimming pools to be fenced, when ponds, portable pools, water gardens are not required to be fenced. The definition of a swimming pool in By -law 98 -47 is as follows: "swimming pool" shall mean a structure, basin, chamber or tank containing or capable of containing water and is designed to be used for swimming or wading, a) has a depth of more than 75 centimetres (29.5 inches) at any point, and b) has a surface area of more than 1 square metre (10.8 square feet), and c) is not under the jurisdiction of the Building Code, and d) is not completely inside a building, and e) is not owned by government or a local board or commission constituted under and statute or by -law, and f) is not a pond or reservoir to be utilized for farming purposes, and g) excludes hydro massage pools, and h) excludes storm water management ponds. A comparison with other municipal by -law was undertaken and summarized as follows: i) City of Toronto — depth of 600 mm. (24 inches) ii) City of Sarnia — depth of 60 cm. (24 inches) 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 2C0 Tel: (519) 785 -0560 Fax: (519) 785 -0644 Page 2 iii) Chatham -Kent — depth of 60 cm. (24 inches), surface area of 1.0 square metre (10.8 sq. ft). iv) Municipality of Southwest Middlesex — depth of 75 cm. (29.5 inches), surface area of 1.0 square metre (10.8 sq. ft.) v) City of London - depth of 75 cm. (29.5 inches), surface area of 1.0 square metre (10.8 sq. ft.) vi) Central Elgin — swimming pool not defined; wading pool or fish pond of permanent nature depth of 0.6 metres and area of 1 square metre requires a fence vii) Township of Tay — depth of 450 mm. (18 inches) viii) Township of East Zorra - Tavistock — depth of 24 inches ix) Township of Laurentian Valley — depth of 18 inches x) Municipality of Tweed — depth of 60 cm. (24 inches) xi) Clearview Township — depth of 51 cm. (20 inches), includes pond in residential area (diameter of 10 feet or depth of 36 inches) xii) Township of Georgian Bluffs — depth of 0.6 metres (24 inches) xiii) Township of Lanark Highlands — depth of 60 cm. (24 inches) xiv) Township of Huron- Kinloss — depth of 90 cm. (36 inches), surface area of 1 square metre (10.8 sq. ft.) xv) Township of East Garafraxa -- depth of 600 mm. (24 inches) DISCUSSION: 1. Comparison with Other Municipalities — some urban, some rural Reviewing the information above, the requirements for a swimming pool fencing range from 10 inches in depth to 29.5 inches. Our by -law is 29.5 inches. A smaller depth may trigger fencing for pools such as inflatable pools. The requirement for fencing does not extend to ponds, quarries, irrigation ponds, etc in the above noted municipalities. For some, reference is given in the definition to "contained by artificial means ". 2. Insurance Issues Our insurance broker has advised us that West Elgin should continue to require fencing for swimming pools. He noted that in the law of negligence municipalities are often held to the same standard as their peers. He was not aware of any standard in the province that requires fencing around ponds. 3. Quarries Through the licensing process for a quarry, the province approves a site plan for the quarry. If a fence is not part of this approved plan, there is no requirement for a fence imposed by the Ministry. If a license has been surrended to the Province, the Ministry is no longer involved. It would be up to the municipality to enact a by -law requiring fencing around quarries, etc. Page 3 4. Inflatable Pools Staff have received enquiries about the requirement for fencing around inflatable pools. We have used the depth and area requirement in By -law 98 -47 as our guide. Should we require fencing? The issue with inflatable pools is that they are temporary structures, portable and can be removed easily. Should the municipality require property owners to spend money on fencing for a temporary structure? What would the requirements for fencing be for inflatable pools? 5. Suggested Amendments to By -law 98 -47 The Chief Building Official has requested the following be added to By -law 98 -47: a) Above- Ground Pools By -law 98 -47 does not have any specific reference to standards for above- ground pools. The following is suggested: Exceptions: Section 5 does not apply to an above - ground pool if the pool compiles with the following standards: (i) The pool wall shall be equal or greater than 1.2 metres above grade; (ii) A guard not less than one metre high is provided around any platform or deck; (iii) The outside of the swimming pool structure and any guard is free of any element or attachment that may facilitate climbing; (iv) No part of the swimming pool structure is closer than 1.2 .metres to any lot line; and (v) The point where a user of the above - ground pool gains access to the pool is protected by a gated enclosure which complies with the requirements for swimming pool fences as set our in Section 5 inclusive. b) Application for Permits Pursuant to Section 4 of By -law 98 -47, an application for a permit for a swimming pool enclosure be adopted. A sample is attached hereto as Appendix "A" to this report. (c) Fees Schedule "A to by -law be deleted as the fees form part of the Building Department — Fees & Charges By -law, as amended from time to time. Respectfully submitted: Norma I. Bryant, Hon AMCT Clerk Chief Building Official Lorne McLeod APPENDIX "A" MUNICIPALITY OF WEST ELGIN APPLICATION FOR SWIMMING POOL ENCLOSURE PERMIT Location of Site: Owner: Address: Telephone: (Home) (Work) Zoning Corner Lot (Yes /No) Pool Size Distance from lot lines: Rear Side Side Pool Type: In Ground Above Ground Type of Fence Damage Deposit Lot Grading Deposit DECLARATION I, of the of MAKE OATH AND SAY THAT: I am (the owner /authorized agent of the owner) of the above named property; that I have personal knowledge of the particulars above stated; and that all the information and statements given on this Application, and on the drawings and specifications are to the best of my knowledge and belief true. 1) 1 understand that the issuance of a permit shall not be deemed a waiver of any of the provisions of any By -laws of the Municipality of West Elgin, or other legal requirements notwithstanding anything included or omitted from this Application or supporting documents. 2) I have read and understood By -law 98 -47 as amended and how it pertains to the pool fence by -law. 3) I acknowledge that the Permit may be revoked if it was issued on mistaken or false information, or if there is any deviation, without approval from this application, or if other legal requirements are subsequently no fulfilled. 4) I further acknowledge that if the permit is legally revoked there shall be no right of claim against the Municipality of West Elgin and any other such claim is hereby expressly waived. 5) I further understand that issuance of a permit or subsequent inspection and approval does not commit the Municipality of West Elgin to guaranteeing compliance or to relieve the owner of any duty or obligation legally required in this matter. Signature of Applicant Date C.B.O. PERMIT NO. APPENDIX "A" MUNICIPALITY OF WEST ELGIN APPLICATION FOR SWIMMING POOL ENCLOSURE PERMIT PLOT PLAN: NOTES: Show all buildings on the property. Indicate the position of the proposed pool, together with size and distance to lot lines. Show all streets adjacent to the property. Indicate the location and size of all easements affecting the property INDICATE NORTH and any adjacent streets If the block below is inadequate for indicating the building location, then a separate plan should be submitted. THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN BY -LAW NUMBER 98 -47 BEING A BY -LAW REQUIRING OWNERS TO FENCE PRIVATELY OWNED SWIMMING POOLS LOCATED IN THE MUNICIPALITY OF WEST ELGIN AND TO PLACE A SECURITY DEPOSIT WITH THE MUNICIPALITY AND TO OBTAIN PERMITS FOR THE CONSTRUCTION OF FENCES AND GATES TO ENCLOSE OUTDOOR SWIMMING POOLS. WHEREAS The Municipal Act, R.S.O., 1990, C.45 Section 210(30) as amended by Section 10 of Schedule M of the Savings and Restructuring Act, 1996 provides that the Council may by by -law impose fees for services and activities provided or done by or on behalf of the Corporation of the Municipality of West Elgin.; AND WHEREAS the Council of the Municipality of West Elgin considers such legislation to be in the best interest of the general public of the Municipality; NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows: SECTION 1 - DEFINITIONS 1.1 In this by -law "Chief Building Official" shall mean the person appointed by the Municipality to such position pursuant to the Building Code Act. "Municipality" shall mean the Corporation of the Municipality of West Elgin. "Gate" shall mean any part of a swimming pool fence which opens on hinges and includes a door located in the wall of an attached or detached garage or carport which forms part of the swimming pool fence. "Hydro Massage Pool" shall include those pools commonly referred to as a hot tub, a whirl pool, a jacuzzi or a spa. "Maintain" shall mean to carry out repairs of any part or parts of a swimming pool fence so that it can properly perform the intended function. "Replacement" shall mean the construction of a swimming pool fence that takes the place of a swimming pool fence previously constructed. "Self - closing device" shall mean a mechanical device or spring which returns a swimming pool fence gate to its closed position within 30 seconds after it has been opened. "Self- latching device" shall mean a mechanical device or latch which is engaged each time the swimming pool fence gate is secured to its closed position, which will not allow the swimming pool fence gate to be re- opened by pushing or pulling and which will ensure the swimming pool fence gate remains closed until unlatched by either lifting or turning the device itself directly or by a key. "Swimming pool" shall mean a structure, basin, chamber or tank containing or capable of containing water and is designed to be used for swimming or wading, a) has a depth of more than 75 centimetres (29.5 inches) at any point and b) has a surface area of more than 1 square metre (10.8 square feet) and c) is not under the jurisdiction of the Building Code and d) is not completely inside a building and e) is not owned by government or a local board or commission constituted under any statute or by -law and f) is not a pond or reservoir to be utilized for farming purposes and g) but excludes hydro massage pools and h) excludes storm water management ponds "Swimming pool fence" shall mean a wall, a structure or a building which encloses a swimming pool. SECTION 2 - GENERAL PROVISIONS 2.1 This by -law shall be administered by the Chief Building Official. 2.2 This by-law shall apply to all swimming pool fences constructed or replaced in the Municipality of West Elgin on or after November 12th, 1998, 2.3 The provisions of this by -law shall not prevent the use of an existing swimming pool fence if such swimming pool fence was constructed and has enclosed a swimming pool from the date of its construction on or before May 5th, 1987 in the former Village of Rodney and August 7th, 1990 in the former Village of West Lorne and was built in accordance with the regulations of the by -laws for the former Village of Rodney and the former Village of West Lorne prior to November 12th, 1998. 2.4 Where any swimming pool fence was constructed to enclose a swimming pool in accordance with the regulations that existed on or before May 5th, 1987 in the former Village of Rodney and August 7th, 1990 in the former Village of West Lorne the swimming pool fence may be maintained in accordance with such regulations. 2.5 At such time as an entire existing swimming pool fence is replaced the replacement swimming pool fence shall be constructed in accordance with this by -law. 2.6 When a swimming pool fence is constructed so that it functions as a boundary fence between two or more adjacent properties in addition to its function as a swimming pool fence, the provisions of this by -law prevail over any other Municipal by -law that regulates fences. SECTION 3 - PROHIBITIONS 3.1 No person shall construct or cause to be constructed a swimming pool without having first obtained a swimming pool fence permit from the Chief Building Official. 3.2 No person shall construct or cause to be constructed a swimming pool which is not completely enclosed by a swimming pool fence in accordance with this by -law. 3.3 No person shall fail to enclose a swimming pool with temporary fencing during construction. 3.4 No person shall construct or cause to be constructed a swimming pool with a swimming pool fence that does not conform to the requirements of this by -law. 3.5 No person shall fail to equip a swimming pool fence gate with a self - closing device and a self - latching device. 3.6 No person shall construct or maintain a swimming pool fence gate with an outside opening self - latching device less than 122 centimetres (48 inches) above ground level. 3.7 No person shall place or store materials against the outside of a swimming pool fence. 3.8 No person shall replace a swimming pool fence without having first obtained a swimming pool fence permit from the Chief Building Official. 3.9 No person shall fail to maintain a swimming pool fence in accordance with this by -law. SECTION 4 - APPLICATION FOR SWIMMING POOL FENCE PERMITS 4.1 An application for a permit to erect a new swimming pool fence or for the replacement of an existing swimming pool fence shall be made by the owner or his or her agent in writing to the Chief Building Official on such forms as may be prescribed. 4.2 All such applications shall be accompanied by the following: a) plans showing the location of the proposed swimming pool including all enclosing swimming pool fences, together with full details of each entrance and showing the location of all proposed swimming pool equipment such as filters, slides and heaters; b) the applicable fee as prescribed in Schedule "A " of this by -law. c) a security deposit in the amount of five hundred dollars ($500.00) to be held by the Municipality pending final inspection and •approval of the fence and gate or gates surrounding such privately owned outdoor swimming pool by the Chief Building Inspector for the Municipality. d) an undertaking to repair damage to Municipal property as required 4.3 The Chief Building Official shall issue a permit for a swimming pool fence where the plans submitted appear to comply with all applicable regulations of the by -law have been met. SECTION 5 - SWIMMING POOL FENCE REGULATIONS 5.1 Every swimming pool shall be enclosed by a swimming pool fence which shall extend from the ground to a height of not less than 153 centimetres ( 48 inches). 5.2 Except as provided in section 5.3 of this by -law every swimming pool fence referred to in section 5.1 of this by -law shall not have any openings that would allow the passage of a spherical object having a diameter greater than 3.8 centimetres (1.5 inches). 5.3 For other than chain link fences where the vertical distance between each horizontal rail measured from the top of each rail is 1.2 metres (4 feet) or greater, the openings in the fence are permitted to be greater than 3.8 cm (1.5 inches) but not greater than that which would allow the passage of a spherical object having a diameter of 10 cm (4 inches). 5.5 Every swimming pool shall be enclosed by a swimming pool fence which as all its horizontal structural members located inside the enclosure to prevent easy climbing unless the swimming pool fence has no openings greater than 3.8 cm (1.5 inches) and the horizontal members are at least 0.6 metres (2 feet) apart. 5.6 Every swimming pool shall be enclosed by a swimming pool fence which is of sturdy construction, capable of preventing unauthorized entry. 5.7 The height of the swimming pool fence shall be measured from ground level on the outside of the enclosure. 5.8 Every gate on a swimming pool fence shall be equipped with self - closing device and a self- latching device. 5.9 A self - latching device that can be opened without a key from the outside shall not be less than 122 centimetres (48 inches) above ground level. 5.10 During all phases of construction temporary fencing shall be in place such that unauthorized access is prevented. SECTION 6 - UNDERTAKING TO ENSURE REPAIRS 6.1 Every person erecting, altering, repairing or demolishing a swimming pool fence within the Municipality of West Elgin who permits the crossing of curbing, sidewalks or paved boulevards by vehicles delivering materials to or removing materials from abutting lands shall deposit with the Chief Building Official upon application for a swimming pool fence permit and prior to the commencement of any work, deposit a completed undertaking to repair any damage to Municipal property such as any damage to the sidewalks, curbing or paved boulevards or to any water service box or other service therein caused by the crossing os such vehicles. 6.2 The owner of any lands on which any swimming pool fence is being erected, altered, repair or demolished shall take all necessary steps to prevent building material, waste or soil from being spilled or tracked onto public streets or roads by vehicles going to or coming from the lands during the course of the erection, alteration, repair or demolition and shall be responsible to the Municipality for the cost of removing such building material, waste or soil and the cost of repairing any damaged curbing, sidewalks, or paved or grassed boulevards. SECTION 7 - ENFORCEMENT 7.1 Any person who contravenes any provision of this by -law is upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offenses Act. 7.2 The court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted and such order shall be in addition to any other penalty imposed on the person convicted. 7.3 Where anything required to be done in accordance with this by -law is not done, the Chief Building Official for the Corporation of the Municipality of West Elgin appointed pursuant to the Building Code Act may upon such notice as he deems suitable do such thing at the expense of the person required to do it and such expense may be recovered by action or in like manner as municipal taxes. READ A FIRST AND SECOND TIME THIS 12th DAY OF NOVEMBER, 1998. READ A THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF NOVEMBER, 1998. CLERK zu4i Fisheries and Oceans Canada Central and Arctic Region 501 University Gres Winnipeg, MB R3T 2N6 Tel: (204) 983 -5000 Fax: (204) 983 -5192 December 20,2011 !Niches et Oceans Canada Region du centre et de Parctique 501, croissant University Winnipeg (Manitoba) MB R3T 2N6 Tel: (204) 983 -5000 Terec: (204) 983 -5192 Norma Bryant Clerk Municipality of West Essex 22413 Hoskins Line PO Box 490 Rodney, ON NOL 2C0 ;,..r- 2012 Your file Votre reference Our file Notre reference Subject: Proposed listing of the Silver Lamprey as a species of special concern under the federal Species at Risk Act This letter is to inform you that Fisheries and Oceans Canada (DFO) is in the process of considering how to advise the Minister of the Environment with respect to a proposed listing of Silver Lamprey as a species of "special concern" on the list of wildlife species at risk under the federal Species at Risk Act (SARA). Prior to finalizing our recommendation, we would like to hear and understand any concerns or issues you may have about this listing. The SARA is a federal statute intended to prevent species from becoming extinct or extirpated (extinct in Canada, but found elsewhere in the world), to provide for the recovery of species that are extirpated, endangered or threatened as a result of human activity, and to manage species of special concern to prevent them from becoming endangered or threatened. Before a species or population is offered legal protection under SARA, it is first assessed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). This independent committee of experts uses available scientific, community and aboriginal traditional knowledge to assess whether a species or population is a species at risk. The assessment by COSEWIC is provided to the Minister of the Environment who will, upon review of this assessment, provide a recommendation to the Governor in Council as to whether or not a species should be listed under SARA, or referred back to COSEWIC for further evaluation. In May 2011, COSEWIC assessed Silver Lamprey as a species of special concern. A species of special concern is defined as a wildlife species that may become a threatened or an endangered species because of a combination of biological characteristics and identified threats. For species Iisted as special concern, there are no prohibitions or legal restrictions under SARA which could limit activities that Canada 01 Page 2 of 2 DFO File: ED -07 -0493 would harm animals or their habitat, as these prohibitions only apply to those species listed as extirpated, endangered or threatened. Listing Silver Lamprey as special concern will require the development of a Management Plan to establish measures which the Minister of Fisheries and Oceans considers appropriate to ensure the conservation of the species. We would appreciate hearing your views on how the proposed listing of Silver Lamprey could affect you or your organization. A Species at Risk consultation document, including a series of questions to help capture your input has been posted at www .registrelep- sararegistry.gc.ca /document /default e.cfm ?documentlD =1928. Comments received January 31, 2012 will be reviewed and considered prior to DF® providing recommendation on the listing of Silver Lamprey to the Minister of the Environment. Yours truly, R Pooi -Leng Wong Fisheries and Oceans Canada 501 University Crescent Winnipeg, MB R3T 2N6 (204) 984 -0599 or 1- 866 - 538 -1609 (toll -free) email: fwisar @dfo- mpo.gc.ca 02- West Elgin Council P.O. Box 490 Rodney, ON January 6th 2012. Council Members r i V Colin Webster 59 Victoria Drive Melbourne, ON NOL 1T0 I write to you with a request. I am the President of the Board of Directors for the Hickory Grove Campers Association located at Gray and McColl Roads in West Elgin. This location is off Highway 3 west of Port Glasgow. We have over two hundred campsites. As campers, our campground opens on the 1st April, 2012 and closes on October 31st 2012. It can be seen that April 1St 2012 falls on the SUNDAY. We the Board of Directors, on behalf of the campers are requesting that we be allowed to stay at the campground on Friday 30th March or Saturday 31st March 2012. Should we stay without your permission such stay would be contrary to your By -laws currently in place for such opening. If we stay on the 30th or 31st March, we would be subject to penalties as referred to in these By -laws. As indicated the Board of Directors for Hickory Grove Campground are requesting that we be allowed to stay at the campground on 30th March or 31st March 2012, without penalty, in order that the campers can open and check their sites prior to Sunday April 1st 2012, the official date of opening. I thank you for any consideration you can give to our Campground and its campers in this matter. Please respond to my address above with your response; in writing would be preferable, E -mail address is: colpatw@xplornet.com . My phone number: 519 -289 -2117. Sincerely Co e4 ste President of the Board of Directors. Hickory Grove Campground. Cw: /12 -01 -06 tMJr4�YIL'frtil�r__� p i.l. '� CORPORATION OF THE COUNTY OF ELGIN NOTICE OF APPLICATION FOR CONSENT APPLICATION NO, E 110111 PART LOTS 4 & 5, CONCESSION 9, MUNICIPALITY OF WEST ELGIN TAKE NOTICE that an application has been made by ROODZANT FARMS LIMITED, 22321 Marsh Line, R.R. #2, RODNEY, Ontario, NOL 2CO, for a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands municipally known as 21837 Pioneer Line, legally described as Part Lots 4 & 5, Concession 9, Municipality of West Elgin. The applicants propose to sever a lot with a frontage of 90 metres along Pioneer Line by a depth of 92 metres, Area 0.828 hectares containing one house, one barn and one shed, proposed to create one residential lot surplus to the needs of the applicants. The owners are retaining 196 acres, proposed to remain in agricultural use. The location of the property is shown on the Key Map below: ADDITIONAL INFORMATION regarding the application is available for inspection daily, Monday to Friday, between 8:30 A.M. and 1:30 P.M., at the County Municipal Offices, 450 Sunset Drive, St. Thomas or at a Public Hearing to be held on: WEDNESDAY in Committee Ra m#2, Co my Municipal pal Offices 450 Sunset Drive, St. Thomas. (Originally heard December 14, 2011 and deferred) Any person or public body may attend the Public Hearing and/or make written or verbal representation either in support of, or in opposition to the proposed consent. If you wish to be notified of the decision of the Land Division Committee in respect of the proposed consent, you must submit a written request to the Land Division Committee. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Land Division Committee decision may be appealed to the Ontario Municipal Board by the Applicant or another member of the public. If a person or public body that files an appeal of a decision of the Land Division Committee in respect of the proposed consent does not make written submission to the Land Division Committee before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. Dated at the Municipality of Central Elgin this 6'h day of January 2012. KEY MAP: (not to scale) Susan D. Galloway Secretary- Treasurer Land Division Committee 450 Sunset Drive St. Thomas, Ontario N5R 5V1 County of Elgin Engineering Services 450 Sunset Drive St. Thomas, 0n N5R 5V1 Phone; 519. 531 -1460 vnvv.aIgin- county.on.ca Progressive by Nature D3 CORPORATION OF THE COUNTY OF ELGIN NOTICE OF APPLICATION FOR CONSENT APPLICATION NO. E 118/11 PART LOTS 17 & 18, CONCESSION 8, MUNICIPALITY OF WEST ELGIN TAKE NOTICE that an application has been made by ORFORD SAND & GRAVEL LIMITED, R.R. #2, MERLIN, Ontario, NOP 1WO, for a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands municipally known as 1191 Jane Street, legally described as Part Lots 17 & 18, Concession 8, Municipality of West Elgin. The applicants propose to sever a parcel of land with a frontage of 50 metres along Jane Street, a rear width of 763.6 metres by a depth of 34.16 metres, Area 2.579 hectares containing four partial buildings, to be added to the adjoining industrial land to the north. The owners are retaining 0.550 hectares, proposed to remain in commercial use. The location of the property is shown on the Key Map below: ADDITIONAL INFORMATION regarding the application is available for inspection daily, Monday to Friday, between 8:30 A.M. and 1:30 P.M., at the County Municipal Offices, 450 Sunset Drive, St. Thomas or at a Public Hearing to be held on: WEDNESDAY FEBRUARY 1, 2012 at 10:30A.M. in Committee Room #2, County Municipal Offices, 450 Sunset Drive, St. Thomas. Any person or public body may attend the Public Hearing and/or make written or verbal representation either in support of, or in opposition to the proposed consent. If you wish to be notified of the decision of the Land Division Committee in respect of the proposed consent, you must submit a written request to the Land Division Committee. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful a copy n �decisionmy bappea ed should the Q tarioMncipal Board by the Applicant or anoth r member of the public. If a person or public body that files an appeal of a decision of the Land Division Committee in respect of the proposed consent does not make written submission to the Land Division Committee before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. Dated at the Municipality of Central Elgin this 6th day of January 2012. KEY MAP: (not to scale) SUBJECT LANDS Progressive by Nature Susan D. Galloway Secretary- Treasurer Land Division Committee 450 Sunset Drive St. Thomas, Ontario N5R 5V1 County of Elgin Engineering Services 459 Sunset Drive St. Thomas. On N5R 5V1 Phone: 519- 631 -1466 vnvw.eIgi n- county.on.ca 7,0T E1 �. T i1Y CORPORATION OF THE COUNTY OF ELGIN NOTICE OF APPLICATION FOR CONSENT APPLICATION NO. E 120/11 NORTH WEST 1/4 LOT 2, CONCESSION 10, MUNICIPALITY OF WEST ELGIN TAKE NOTICE that an application has been made by STEVE BODNAR, 21159 Marsh Line, R.R. #2, RODNEY, Ontario, NOL 2CO3 for a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands legally described as Northwest % Lot•2, Concession 10, Municipality of West Elgin. The applicant proposes to sever an irregular shaped parcel of land with a frontage of 10.7 metres along Marsh Line, a rear width of 65.7 metres by a depth of 89 metres (east lot line) to 74 metres (west lot line), Area 0.18 hectares, to add to the adjoining residential lot. The owner is retaining 19.66 hectares, proposed to remain in agricultural use. The location of the property is shown on the Key Map below: ADDITIONAL INFORMATION regarding the application is available for inspection daily, Monday to Friday, between 8:30 A.M. and 1:30 P.M., at the County Municipal Offices, 450 Sunset Drive, St. Thomas or at a Public Hearing to be held on: WEDNESDAY in Committee Room #2, County Municipal Offices, 450 Sunset Drive, St. Thomas. Any person or public body may attend the Public Hearing and /or make written or verbal representation either in support of, or in opposition to the proposed consent. If you wish to be notified of the decision of the Land Division Committee in respect of the proposed consent, you must submit a written request to the Land Division Committee. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Land Division Committee decision may be appealed to the Ontario Municipal Board by the Applicant or another member of the public. If a person or public body that files an appeal of a decision of the Land Division Committee in respect of the proposed consent does not make written submission to the Land Division Committee before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. Dated at the Municipality of Central Elgin this 6'h day of January 2012. KEY MAP: (not to scale) SUBJECT LANDS Progressive by Nature Susan D. Galloway Secretary- Treasurer Land Division Committee 450 Sunset Drive St. Thomas, Ontario N5R 5V1 County of Elgin Engineering Services 450 Sunset Drive St. Thomas, On N5R 5V1 Phone: 515- 831-1460 wvN elgirFWunty.on.eu Kirkness Consulting Inc. Urban and Rural Planning January 20, 2012 Norma Bryant Municipality of West Elgin 22413 Hoskins Line PO Box 490 Rodney, Ontario NOL 2C0 1647 Cedarcreek Crescent, London, Ontario N5X 008 TEL: 519 -672 -6550 FAX: 519- 672 -4290 Laverne @kirknessconsultinginc. ca www.kirknessconsultinginc,ca Re: REQUEST TO APPEAR AS A DELEGATION by Seaside Waterfront Inc. for Council meeting of January 26, 2012 , to discuss the Community Development project , West Elgin, County of Elgin. Dear Ms. Bryant: Seaside Waterfront Inc. and Lighthouse Waterfront Inc. are hoping to work with the Municipality of West Elgin and move forward with the significant development project to bring approximately 300 dwelling units, 700 residents and 46,000 sq. feet of commercial development to the Port Glasgow community. Increases in property tax assessment and employment opportunity would be very significant for West Elgin. On behalf of Seaside Waterfront Inc. and Lighthouse Waterfront Inc., this is to respectfully request to appear as a delegation before Council at its' regular meeting of January 26, 2012. This will provide an opportunity for the proponents to update Council and staff on the overall project. The specific matters that would be discussed are the following: 1. On the Applications for development comprising the Draft plan of Subdivision and Draft Plan of Condominium: a. Provide informal comments on Draft Plans of Subdivision and Condominium — so Seaside can consider and include with other agency responses- at next Council meeting in February 2012; b. Accept and provide informal comments on the Zoning Bylaw Amendment application associated with the Draft Plans — at next Council meeting in February 2012. 2. Facilitate the conveyance of the Havens Lake Road "surplus lands" to Seaside to enable the consolidation of lands for the development of the Village Centre of the proposed development and the reconstruction of the new Road. 1 3. Adopt ZBA for the commercial block at next Council meeting in February 2012. Seaside is prepared to make application for Site Plan Approval such that building could occur in the Spring of 2012. 4. On the Seaside appeal to the Official Plan: a. Continue discussions with MMAH and Seaside to resolve the Official Plan appeal; b. Initiate the preparation of the Secondary Plan for Lots 6 and 7 (Port Glasgow settlement area) in conjunction with Seaside and formally do so at February Council meeting; 5. Support, in principle, the adoption of a RESPONSIBILITY AGREEMENT for the proposed waste water treatment plant, subject to appropriate terms and conditions with respect to responsibilities and security. Council support here is vital in order for Seaside to make the decision to spend approximately $600,000 on further studies and design feasibility during 2012. We look forward to hearing back of a time on the agenda that we may present the update and discuss these matters. Yours truly, Laverne Kirkness, BES.RPP.MCIP. Kirkness Consulting Inc. Urban and Rural Planning cc. Seaside Waterfront Inc. cc. Lighthouse Waterfront Inc. cc. Ron Koudys — RKLA Inc. cc. Community Planners Inc. 2 D7 Norma Bryant From: Brian Masschaele jbmasschaele @elgin- county.on.ca] Sent: January -20 -12 11:13 AM To: All Users; Councillors; cao @twp.southwold.on.ca; dleitch @centralelgin.org; hadams @town.aylmer,on,ca; jgroch @westelgin.net; kkruger @bayham.on.ca; kloveland @duttondunwich.on.ca; Imillard @bayham.on.ca; mcasavecchia @malahide.ca; nbryant @westelgin.net; nirving @town.ayimer.on.ca Subject: County / City Charity Hockey game Attachments: Charity Hockey Game Letter.pdf Hello all, The City of St. Thomas has again challenged the County of Elgin and our municipalities to a charity hockey game, this year in benefit of United Way. The game will be on Sunday March 4th at 2:30 pm at the Timken Centre. Attached is the invitation from Mayor Heather Jackson- Chapman. All are welcomed to participate but this year we do require that players expecting a regular shift to wear full equipment. Those without full equipment are still welcomed to skate with us and we'll also make sure you are included in the action. Municipal Clerks/CAOs: Please forward this message to your respective Councils and staff. And if you can't play, please come out to watch and support us in a great cause! Please RSVP to me by February 17th if you are able to play. Thanks, Brian Masschaele, Director of Community and Cultural Services County of Elgin 450 Sunset Drive St. Thomas ON N5R 5V1 Canada Ph: 519 - 631 -1460 x138 E -mail: bmasschaele @elgin- county.on.ca www.elgincounty.ca E1g nCour7ty A113vil+w tot Ail *o This email may contain confidential information. If you are not one of the intended recipients, if you receive this email or if it is forwarded to you without the express authorization of The County of Elgin, please destroy this email and contact us immediately. Please consider the environment before printing this e-mail 23/01/2012 OFFICE OF THE MAYOR December 14, 2011 ST. THOMAS 545 Talbot Street O PO. Box 520 City Hall U St. Thomas, Ontario N5P 3V7 Tel; (519) 631 -1680 or Fax; (519) 633 -9019 Warden Bill Wafters and Elgin County Council County of Elgin 450 Sunset Drive St, Thomas, ON NSR 5V1 Re: Charity Hockey Game 2012 Dear Warden Walters, Plans are under way for the 2012 Mayor's Charity Hockey Challenge. St. Thomas City Council and City Staff would ilke to challenge the County of Elgin Council and County Staff to a friendly game of hockey to raise money for the United Way Campaign. We have booked the ice at the Timken Centre for Sunday, March 4111, 2012 at 2:30 p.m. We are hoping you will once again Join us In lacing up the skates to raise money for this worthy cause. Donations will be accepted at the gate for the United Way. Since rely, Heather Jackson- Chapman, Mayor 121