September 26, 2013 MUNICIPALITY OF WEST ELGIN
AGENDA
COUNCIL MEETING
SEPTEMBER 26, 2093
Council Chambers, West Elgin Municipal Building
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DISCLOSURE OF PECUNIARY INTEREST
APPROVAL OF AGENDA
DELEGATIONS:
11:00 a.m. Laverne Kirkness re: Seaside Development (Al)
PLANNING: (131-136)
(see also D1 & 132)
1.* Report re: Proposed Severance — Lot 5, Concession 7
2.* Report re: Port Glasgow Pier Extension
3. Streetscape Plan (under separate cover)
4. Hibernia Winery - proposed site plan
5. Closed Session - litigation
6. Gary Blazak (following Seaside delegation) — Discussion re: Seaside requests, Port
Glasgow rezoning
REPORTS: (C1-C9)
1. ROADS
2. RECREATION
3. WATER DISTRIBUTION SYSTEM
4. WASTEWATER
September .26113..........Page 2
5. BUILDING
6. BY-LAW ENFORCEMENT
7. DRAINS
8. WEST ELGIN PRIMARY SYSTEM
9. ADMINISTRATION
10. ACCOUNTS
CORRESPONDENCE: (D1-D2)
1.* Alex & Sheila Fleming -- proposed severance — Lot 1, Concession 6
2.* OMB — appointment for hearing by teleconference - Nitra
BY-LAWS:
MINUTES (E1)
NOTICE OF MOTION (F)
OTHER BUSINESS: (G1)
1. Closed session — if deemed necessary
*Information enclosed
September .26113..........Page 3
CONFIRMING BY-LAW
ADJOURNMENT
NEXT MEETINGS
October 1, 2013 Tri County Management Committee Special Meeting, 7:00 p.m.
October 10, 2013 Council — Regular
October 24, 2013- Council — Regular
October 29, 2013 Tri County Management Committee — 7:00 p.m.
Information will be gathered in accordance with the Municipal Freedom of Information and
Protection of Privacy Act(MFIPPA). All comments and communications received will become
part of the public record unless you expressly request the Municipality to remove it. Questions
about the collection of personal information may be directed to the Clerk.
� 1
Kirkness
Consulting 1647 Cedarcreek Crescent, London, Ontario N5X OC8
Inc- TEL.: 519.672-6550 FAX: 519-672-4290
Urban and Laverne @kirknessconsultinginc.ca
Rural Planning 41 www.kirknessconsultinginc.ca
September 24, 2013
Norma Bryant
Municipality of West Elgin
22413 Hoskins Line
PO Box 490
Rodney, Ontario, NOL 2CO
Re: DELEGATION—SEASIDE WATERFRONT INC. -- summary of topics to discuss with Council
and staff at the regular Council meeting of September 26th, 2013 at 11:00 a.m. -- Port
Glasgow in West Elgin, County of Elgin
Dear Ms. Bryant:
Seaside Waterfront Inc. will appear before Council at 11 a.m. at its September 26th meeting.
The three topics we would like to discuss with Council and staff are:
1. Re-activation of Application by Seaside for an amendment to the Zoning Bylaw and
Consent for land severance for commercial development on Havens Lake Road —east
side. Requesting consideration for public meeting in October 2013. Short and long term
servicing schemes will be presented.
2. Environmental Assessment Update on servicing for wastewater and storm water
management—Seaside Lot 6.
Attached is our preliminary engineered site plan and we know there will be some revisions—
that we will present on Thursday. Our analysis shows that proposed site plan complies with the
Municipality's established TOURIST COMMERCIAL ZONE.
I would suggest that 30 minutes of time will be required. Thank you.
Yours truly,
Kirkness Consulting Inc, Urban and Rural Planning
Per: Laverne Kirkness, BES.RPP.MCIP.
Encl.
cc. Howard Culligan —Seaside Waterfronts Inc. cc. Ron Koudys - RKLA
cc. Richard Pellerin —Scoterra cc. Dave Hayman — Biologics cc. Bob Walters
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610 Princess Avenue
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Tel: (519) 686-1300
Fax: (519) 681-1690
MonteithoBrowrn E-Mail: mbpc @mbpc.ca
olanninn consultants Web: www.mbpc.ca
18 September 2013
MEMORANDUM #13-2342
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
SUBJ. Proposed Severance - Tim & Diane McFadden - 21995 Downie Line (part of Lot 5,
Concession VII) - south side of Downie Line west of Furnival Road (County Road No.
103)
1. Purpose
• to sever a 19.7 hectare (48.7 acre) parcel occupied almost entirely by woodlands into two smaller,
equally-sized parcels to erect a single unit dwelling (refer Figure 1);
• the lands proposed to be conveyed have a frontage of 152.4 metres (500 ft) on McLean Line, a
depth of 663.9 metres (2,178 ft) and an area of 9.8 hectares (24.3 acres). The parcel is devoid of
buildings and structures and is entirely comprised of a mature woodlot. The owners wish to erect a
single unit dwelling on the parcel as their"retirement' residence;
• the lands proposed to be retained would have identical frontage, depth and size as the lands being
conveyed. The parcel is occupied by a single unit dwelling erected in 2001 and a storage barn.
Similar to the lands being conveyed, it features an extensive woodlot. No change in use is
proposed;
• neighbouring lands comprise a mix of agricultural uses, primarily cash crop interspersed
with pockets of wooded areas. To the east at the intersection of Downie Line and Furnival
Road lies a small built-up area of auto-related uses and rural residential uses. No
potentially conflicting land uses are apparent.
Tim & Diane McFadden MONTEITH BROWN PLANNING CONSULTANTS
18 September 2013
page 2
2. Provincial Policy Statement PPS and Official Plan
• under the Provincial Planning Statement (PPS), the creation of lots in prime agricultural areas
may only be permitted for agricultural purposes provided the lots are of a size appropriate for
agricultural uses common in the area and provided they are sufficiently large to maintain flexibility
for future changes in the type or size of agricultural operations (Section 2.3.4.1). Otherwise, the
creation of lots is limited to disposing a dwelling deemed surplus to a farm operation. The creation
of lots for any other purpose, including retirement lots (regardless of size) is not permitted;
• the Ministry of Agriculture, Food & Rural Affairs has not been supportive of splitting agricultural
lands which would result in parcels being created having an area less than about 40.5 hectares
(100 ac) although an actual figure for minimum farm size has never been stipulated in PPS. By
comparison, the lands being conveyed and retained have an area of only 9.8 hectares (24.3 acres)
each-- well below the threshold size generally accepted by the Province. The proposed severance
would not be consistent with PPS in terms of allowable severances in prime agricultural areas;
• consistency with the PPS would not be maintained;
• the subject lands are designated `Agricultural' in the West Elgin Official Plan. The severing of
agricultural land into smaller parcels is permitted in accordance with Section 6.2.7 of the Plan:
To discourage the severing of prime agricultural land into smaller parcels, the minimum
area of both the severed and the retained parcels shall generally be 40 hectares. Where
parcels smaller than 40 hectares are being proposed, they may be permitted subject to the
following factors being taken into account:
a) the need to discourage the unwarranted fragmentation of farmland;
b) the lots to be created are of a size appropriate for the type of agricultural activity
common in the area;
c) whether the resulting parcels would constitute viable farm units,
d) the severed and retained parcel are large enough to maintain flexibility for future
changes in the type or size of agricultural operations,
e) whether the size of the parcels would have a detrimental impact on agricultural
productivity, operating efficiencies or future farming options;
f) the boundaries of the parcels being created and their effect on the intended use of the
lands for agricultural purposes;
g) previous lots created out of the parcels including land dedications or expropriations;and
Tim & Diane McFadden MONTEITH BROWN PLANNING CONSULTANTS
18 September 2013
page 3
h) the inadvertent merging of the parcels as a result of the introduction of subdivision
control in 1970. (Section 6.2.7)
• the owners have advised that the purpose of the severance is "to sever to build our retirement
home."The creation of lots for retirement purposes is not permitted by the West Elgin Official Plan.
Conformity with the West Elgin Official Plan is not capable of being established.
3. Zoning By-law
• the subject lands are zoned Agricultural (Al). Both the lands being conveyed and retained would
satisfy the minimum lot frontage requirement (150 m or 492 ft) of the Al zone but would have
considerably less than the minimum lot area requirement of 19 hectares (46.9 acres). A variance or
re-zoning would be required to maintain compliance with the By-law. Granting a minor variance
would not meet the required tests of the Planning Act.
4. Conclusions
• while the intentions of the owners are understandable and the subject lands would provide an
attractive setting for a retirement dwelling, such severances are not permitted under current
policies be it the Provincial Policy Statement or the West Elgin Official Plan. The following
requirement of the Planning Act (Section 51(24)] with respect to the subdivision or severance of
land would not be satisfied:
"(c) whether the plan (severance)conforms to the official plan . . ."
5. RECOMMENDATION
That the proposed application for consent of Tim & Diane McFadden not be supported and the
Elgin Land Division Committee be advised accordingly.
REASONS
i) Consistency with the Provincial Policy Statement would not be maintained;
ii) Conformity with the West Elgin Official Plan would not be maintained;
Tim & Diane McFadden MONTEITH BROWN PLANNING CONSULTANTS
18 September 2013
page 4
iii) The requirements of the Zoning BV-law are not satisfied;
iv) The matters set out in the Planning Act would not be satisfied.
(original signed by)
Ted L. Halwa, MCIP, RPP
E .
APPLICATION FOR A CONSENT
Tim & Diane McFadden Municipality •
WEST ELGIN
21995 Downie Line s`
Pt Lot 5, Concession
Municipality of - Elgin
ZONING
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MUNICIPALITY OF WEST ELGINI
MUNICIPALITY OF WEST ELGIN PAYMENT RECEIVED
APPLICATION FOR PROPOSED SEVERANCES
PLEASE COMPLETE THE FOLLOWING:
1. PROPERTY OWNER: PER
THANK YDU
NAME:
ADDRESS: I q9S c; 1 3i t 1VC
PHONE:
2. LOT CONCESSION ACREACE OF TOTAL PARCEL:___��I
3. PARCEL TO BE SEVERED:
ACREAGE 2L , S FRONTAGE I S 2 , L� rn DEPTH Wn-�!> S5q m
4. ACREAGE TO BE RETAINED: 2H I 5
5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL-- SURPLUS DWELLING ONLY
IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO
WHEN WAS DWELLING CONSTRUCTED? 2gg (YEAR)
IS THE DWELLING STRUCTURALLY SOUND & SUITABLE OR POTENTIALLY SUITABLE, FOR
HUMAN OCCUPANCY? YES y NO
WHERE IS YOUR PRINCIPLE RESIDENCE? {qqS; �. I�1� L I PIA K)EY
MUNICIPALITY Q=C
6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS?
7, OTHER COMMENTS:
DATE rl1L I,'
SIGNATURE
NOTE: There is no charge for the first time Council revi s a proposed severance application. a fee for
additional reviews and re-submissions by Council is$100.00 per instance. If you wish to attend the
council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council
at their meeting held on the 4'h Thursday of each month. Please submit this application to the Clerk by
the 2"d Wednesday of the month for inclusion in the agenda.
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The Municipality of West Elgin
TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN
FROM: Norma I. Bryant, Clerk
DATE: September 26, 2013
SUBJECT: Port Glasgow Pier Extension
RECOMMENDATION:
That the agreement be forwarded to our Solicitor for review.
INTRODUCTION:
To complete the Class Environmental Study for the pier extension project the
municipality must provide documentation that the First Nations has been
consulted.
BACKGROUND:
In 2009 the municipality commenced a Class Environmental Assessment Study
for replacement and improvements to the piers at Port Glasgow Yacht Club. An
Environmental Study Report was presented to the Council on December 17,
2009. Notice of Study Completion was mailed on December 22, 2009. In
response to circulation, correspondence was received from Ministry of
Environment. Even though, the municipality was of the opinion that the
requirement to have consultation with the First Nations had been met, the MOE
did not agree. The MOE subsequently advised on February 24, 2010 that the
Class EA was incomplete.
DISCUSSION:
An on-site meeting was convened with Dean Jacobs representing Walpole Island
First Nations (WIFN), Ted Halwa, Mayor Warwick and the Clerk on April 20,
2010. A meeting with the Band Council was suggested to discuss the project in
more detail.
After many attempts of contacting Mr. Jacobs, Ted Halwa again sent
correspondence to Walpole Island First Nation in March 2011. Finally, in
January 2013 Mr. Jacobs began conversation with Ted and asked for further
information. This project was then taken over by Jared Macbeth and a meeting
was held with Mr. Macbeth, Ted Halwa and the Clerk on August 20, 2013.
A number of items were brought forward:
1. Request that the municipality acknowledge the claim of First Nations with
Canada
2. Acknowledge that if the First Nations are successful in their claim, that
West Elgin will have to enter into an agreement with First Nations for use of
the lake bed, instead of the provincial/federal government.
3. Issue of fish habitat compensation — WFIN has a fish habitat compensation
area on Walpole Island. WIFN are willing to discuss an arrangement with
West Elgin that for this project, the compensation would be on Walpole
Island. The Town of-Gode6ch has used this approach for their marina
expansion.
PROPOSED HOSTING AGREEMENT
Attached is a draft hosting agreement provided by WIFN. Suggested changes:
1. Item #2 -- add "prior to the commencement of the project: after the word
"claim" in the first line
2. Item #2 - change "will have to" to "would have to" in second line
3. item #2 -- insert "instead" after the word "of" in the third line
4. item #3 — should refer to Lake Erie not St. Clair River in the second line
5. item #5 — change "shall" to "may" meet in the first line
6. project should be described and that WFIN supports the project subject to
conditions they deem appropriate. Schedule "A" could show a plan view
of the project.
7. in preamble, add "Whereas MWE has duly consulted with WIFN with
respect to the nature, purpose and impact of the Project'
With regard to fish habitat compensation, DFO has advised that 500 square
metres is required. WIFN has indicated they could accommodate. The
identification of the location is required for DFO approval.
Respectfully Submitted, Reviewed by:
- 0
Norma I. Bryant, Hon A, AMCT IcottGaWley, C.GZ
Clerk Administrator/Treasurer
Attachments Draft Hosting Agreement
BETWEEN:
MUNICIPALITY OF WEST ELGIN
- and -
WALPOLE ISLAND FIRST NATION
HOSTING AGREEMHNV'
MM
WHEREAS Walpole Island First Nation ("WIFN and nicipality of West Elgin
("MWE") wish to enter into this Hosting Agreement r the Port Glasgow Marina Entrance
project ("the Project").
AND WHEREAS WIFN and MWE wi4MLontinue-AQ.build on dF— lationship
developed through the consultation p Bess associatedmmwith W roject. -----
AND WHEREAS the Parties= s venter into Oftial agreement on the terms of this
Hosting Agreement.
NOW THEREF-19_ =for good and.LLrraluabli-52arderatior�t_he receipt and sufficiency
of which are hereby aca 1 i_aw b d the ParT agr.---ART QUV .-
1) WIFN and MW-S7 all meek=_gin an anmiMasis to discuss items of mutual interest and to
share relevant u dad -of_vW�eh_the are aware.
-- p = - - Y =
2 -sha mwh s� as are nece a€. consultation with W '
WIFN, and at MWE's
to ensure try east, lease o�=ither property interest in the bed of Lake Erie
tHi s_associated v n he Prdl- tJs made subject to WIFN's claim to Aboriginal title in
the W _cif the lake, anhat this=la� vident to the public on the basis of documents
register.; n the approp>#-.. Land Registry Office.
3) MWE shall pride WI formal notification in the event of a change of ownership of
any easement,T- s9e�aoer property interest in the bed of the St. Clair River associated
with the Project, OFRI 30 days in advance of such a change in ownership.
4) MWE shall meet with WIFN to discuss the implications of the litigation Walpole Island
First Nation, Bkejwanong Territory v. Canada(A.G.) et al, Court file 00-CV-189329
(Toronto) concerning a claim to Aboriginal title to a portion of the bed of Lake Erie, after
the conclusion of the litigation.
5) MWE shall meet with WIFN to discuss a Fisheries Compensation Plan for the Project
that would be mutually acceptable,
- 2 -
6) MWE commits to working with WIFN to build a positive relationship between the parties
which may lead to future partnerships.
For the purpose of any notice required by this agreement, it shall be in writing and is
effective if delivered in person or by courier, sent by registered or regular mail, or by
facsimile transmission.
WIFN's address and facsimile number is
Walpole Island First Nation, Bkejwanong Territory
R.R. #3
Wallaceburg, ON N8A 4K9
Attention: Chief
Tel: (519) 628-5700
Fax: (519) 627-0440
MWE's address and facsimile number is :
xxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxx
Nothing in this agreement shall abrogate or derogate or be interpreted to abrogate or
derogate from the Aboriginal title, rights, claims or interests of WIFN or of the individual
members of WIFN.
IN WITNESS WHEREOF the Parties have executed this Hosting Agreement.
DATED as of the XX day of XX, 2013, at
WALPOLE ISLAND FIRST NATION
By:
Name
MUNICIPALITY OF WEST ELGIN
By:
Name
D1
Alex and Sheila Fleming
20618 Hoskins Line
Rodney, ON / .
NOL 2C0
Se-late-nlber 14", ?013
Dear Municipality of West Elgin Council,
As you may be aware, we would like to make a small addition of land to our existing
dwelling. It would expand the boundaries to include a tree line and a 10 ft. satellite dish that is
beside the existing lot and also allow land for grass cutting outside of the tree line that is inside
the existing lot.
It has been brought to our attention that unless there is a `consent' that applies to our
property, the success of the severance application for the addition would be slim.
It is at this time that we would like to make a request to council to purchase a small piece
of the lot's property to make the applicable change to the lot, so that the proper consent can
occur.
Sheila and I would be very, appreciative for your consideration of this request.
Regards,
Alex and Sheila. Fleming
a
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da
Environment and Land Tribunals Tribunaux de Penvironnement et de
Ontario I'amenagement du territoire Ontario rM
Ontario Municipal Board Commission des affaires municipales
de I'Ontario
655 Bay Street,Suite 1500 655 rue Bay,suite 1500
Toronto ON M5G 1E5 Toronto ON M5G 1E5
Telephone: (416)212-6349 Telephone: (496)212-6349
Toll Free: 1-866-448-2248 Sans Frais: 1-866-448-2248 "r
Fax: 416 326-5370 T@leco ieur: ' ``
( ) p (416) 326-5370 Ontal'10
Website: www.elto.gov.on.ca Site Web: www.elto.gov.on{ca
Lou Nirra has appealed to the Ontario Municipal Board under subsection 34 (11) of the Planning
Act, R.S.O. 1990, C. P. 13, as amended, from Council's refusal to enact a proposed amendment
to Zoning By-law S-109-03 of the Municipality of West Elgin to rezone lands respecting Lot 4
Concession 4 in the former Township of Aldborough from Agricultural (A1( Zone to a 'site
specific' Lakeshore Residential (LR-#) Zone to permit a 'seasonal dwelling.'
OMB File No. PL101432
APPOINTMENT FOR HEARING BY TELECONFERENCE
The Ontario Municipal Board will be holding a telephone conference hearing for the above noted
matter to determine the status of the outstanding Site Specific By-law that was to be finalized as
required in the Board's Decision issued August 9, 2011.
This hearing will be held:
at: 09:00 AM
on: Tuesday, October 01, 2013
The following individuals are scheduled to participate in the teleconference tail at the above
mentioned time:
u Stephen Gibson, for the Municipality of West Elgin
Li Philip Morissey, for Lou Nirta
The individuals noted above shall call (416) 212-8012** or Toll Free 1-(866) 633-0848 on the
assigned date at the correct time. When prompted, eater the code 4779874# and you will be
connected to the call, If assistance is required at any time, press '0' for the operator. Cellular
telephones are not permitted to be used for the call. It is the responsibility of the persons
participating in the call to ensure that they are properly connected to the call and at the correct
time.
Only the persons listed above and/or their representatives/clients are permitted to participate in
the call. If there are any additional individuals, not noted above, who should be connected to this
call, please inform the Board as soon as possible so that proper notification can be given.
If you do not take part and afe not represented at this hearing, the Board may proceed in your
absence and you will not be entitled to any further notice of the proceedings. Please note that
this matter is a hearing and the presentation of evidence will be required.
Hearing dates are firm - adjournments will not be granted except in the most serious
circumstances, and only in accordance with the Board's Rules on Adjournments.
Assessment Review Board-Board of Negotiation-Conservation Review Board-Environmental Review Tribunal-Ontario Municipal Board
Niagara Escarpment Hearing Office-Office of Consolidated Hearings
ONTARIO MUNICIPAL BOARD RULES ON ADJOURNMENTS
61. Hearing Dates Fixed Hearing events will take place on the date set unless the Board
agrees to an adjournment.
62. Requests for Adjournment if All Parties Consent If all of the parties agree, they may
make a written request to adjourn a hearing event. The request must include the reasons, a
suggested new date, and the signed consents of all parties. However, the Board may require
that the parties attend in person or convene an electronic hearing to request an adjournment,
even if all of the parties consent.
63. Requests for Adjournment Without Consent If a party objects to an adjournment
request, the party requesting the adjournment must bring a motion at least 10 days before the
date set for the hearing event. If the reason for an adjournment arises less than 10 days before
the date set for the hearing event, the party must give notice of the request to the Board and to
the other parties and serve their motion materials as soon as possible. If the Board refuses to
consider a late request, any motion for adjournment must be made in person, at the beginning of
the hearing event.
64. Emergencies Only The Board will grant last minute adjournments only for unavoidable
emergencies, such as illnesses, so close to the hearing date that another representative or
witnesses cannot be obtained. The Board must be informed of these emergencies as soon as
possible.
65. Powers of the Board upon Adjournment Re uest The Board may,
(a) grant the request;
(b) grant the request and fix a new date or, where appropriate, the Board will schedule a
prehearing conference on the status of the matter;
(c) grant a shorter adjournment than requested;
(d) deny the request, even if all parties have consented;
(e) direct that the hearing proceed as scheduled but with a different witness, or evidence on
another issue;
(f) grant an indefinite adjournment, if the request is made by the applicant or proponent and is
accepted by the Board as reasonable and the Board finds no substantial prejudice to the other
parties or to the Board's schedule. In this case the applicant or proponent must make a request
that the hearing be rescheduled;
(g) convert the scheduled date to a mediation or prehearing conference; or
(h) make any other appropriate order.
August 11, 2008
5.01