MINUTES LAND DIVISION COMMITTEE - Lanark …Minutes+Aug+8.16.pdfLand Division - 08 Aug 2016 Minutes MINUTES LAND DIVISION COMMITTEE The Land Division Committee met in regular session

Land Division - 08 Aug 2016 Minutes

MINUTES

LAND DIVISION COMMITTEE

The Land Division Committee met in regular session on

Monday, August 8, 2016 at 9:00 a.m. at the Lanark County

Administration Building, 99 Christie Lake Road, Perth, Ontario.

Members Present: R. Strachan, D. Murphy and W. Guthrie

Staff Present: M. Kirkham, Secretary-Treasurer

LAND DIVISION COMMITTEE

Chair: R. Strachan

1. CALL TO ORDER

The meeting was called to order at 9:00 a.m.

A quorum was present.

2. DISCLOSURE OF PECUNIARY INTEREST

None

3. APPROVAL OF MINUTES

MOTION #LD-2016-30

MOVED BY: W. Guthrie SECONDED BY: D. Murphy

"THAT, the minutes of the Land Division Committee meeting held on

July 12, 2016, be approved as circulated."

ADOPTED

4. ADDITIONS AND APPROVAL OF AGENDA

MOTION #LD-2016-31

MOVED BY: D. Murphy SECONDED BY: W. Guthrie

"THAT, the agenda be adopted as presented."

ADOPTED

5. DELEGATIONS & PRESENTATIONS

None

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6. NEW APPLICATIONS

The Land Division Committee reviewed the reports for the following

new applications to be considered at the 10:00 a.m. public hearing.

6.1 B15/118 – Gary and Mary Greer – New lot.

Pt. Lot 11 Pt. Park Lot 4 Conc. 3 (Franktown Plan). Township of Beckwith. Richmond Road.

6.2 B15/139, B15/140 and B15/141 – Warren & Janet

Brown - 3 New Lots.

Pt. Lot 19 Conc. 10 Township of Montague.

Rosedale Road North.

6.3 B16/002 and B16/003 – 8907501 Canada Inc. –

2 New lots.

Park Lot 15 Lots 13, 14, 16 & 17 Plan 1184, Township

of Montague. Rideau Ave. N.

6.4 B16/046 and B16/047 – Russell J. Campbell –

New lot & Lot addition.

Pt. Lot 25 Conc. 6 Township of Beckwith.

Crooked Side Road.

6.5 B16/049 and B16/050 – Arthur & Lynda Leonoff –


Pt. Lot 3 & 4 Conc. 6 geographic Township of

Drummond, now in the Township of Drummond / North Elmsley. Barrie Side Road.

6.6 B16/078 - Heather Ann Smith and Denise Coady –

Lot addition.

Pt. Lots 2 and 3 Cameron Section, Plan 6262, Town of Almonte, now in the Municipality of Mississippi Mills.

Malcolm Street.

6.7 B16/079 – Courtney Donaldson & Brian Ward –

New lot.

Pt. Lot 2 Plan 8828 Town of Perth. South Street.

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7. DEFERRED APPLICATIONS

7.1 B15/103 – 1343791 Ontario Ltd. – New lot.

Pt. Lot 23 Conc. 3 Township of Beckwith. Cam’s Way.

8. CONFIDENTIAL REPORTS

None

9. COMMUNICATIONS/OTHER BUSINESS

9.1 Hydrogeological / Well Requirements – draft condition

wording was reviewed and accepted by the committee to require either a well to be installed or a scoped

hydrogeological study to be undertaken where there is multiple development either existing or proposed.

9.2 Ontario Municipal Board – notice of hearing for Wilson

B10/154 – hearing has been deferred at the request of the applicant. Mediation arranged for

September 8, 2016.

9.3 Consent B16/034, Burke – the Chair and Secretary-

Treasurer to draft a letter to Tay Valley Township, expressing committees concerns with regards to re-

zoning lands to permit development with a frontage, one-third of that which is required by the zoning by-

law.

10. PROVISIONAL CONSENT GRANTED

10.1 B15/103 – 1343791 Ontario Ltd. – New lot. 5 - 9

10.2 B15/139, B15/140 and B15/141 – Warren & Janet

Brown - 3 New Lots.

10 - 22

10.3 B16/002 and B16/003 – 8907501 Canada Inc. –

2 New lots.

23 - 36

10.4 B16/046 and B16/047 – Russell J. Campbell –


37 - 51

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10.5 B16/049 and B16/050 – Arthur & Lynda Leonoff –


52 - 63

10.6 B16/078 - Heather Ann Smith and Denise Coady –

Lot addition.

64 - 71

10.7 B16/079 – Courtney Donaldson & Brian Ward –

New lot.

72 - 79

11. PROVISIONAL CONSENT DEFERRED

11.1 B15/118 – Gary and Mary Greer – New lot. 80 - 88

12. PROVISIONAL CONSENT DENIED

None

13. UPCOMING MEETINGS AND NOTICES

August 19, 2016 - Annual Warden’s Golf Tournament,

Timber Run, Lanark September 6, 2016 at 9:00 a.m.

Sept 22 and 23, 2016 - OACA Fall Seminar – Town of Orangeville. October 17, 2016 at 9:00 a.m.

November 21, 2016 at 9:00 a.m. December 6, 2016 at 10:00 a.m. - Inaugural County Council Meeting.

December 12, 2016 at 9:00 a.m.

14. ADJOURNMENT

MOTION #LD-2016-32

MOVED BY: W. Guthrie SECONDED BY: D. Murphy

"THAT, the meeting do now adjourn at 12:55 p.m."

ADOPTED

Mary Kirkham

Secretary-Treasurer

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Y:\Consents\Staff Reports\2015 LDC Reports\B15-103, 1343791 Ontario Ltd - addendum.docx Page 1 of 5

LAND DIVISION STAFF REPORT - ADDENDUM

APPLICATION FOR CONSENT

Owner: 1343791 Ontario Ltd. Hearing Date: Aug. 10, 2015

Reconvened Date: Aug. 8, 2016

Applicant/Agent: Lyle Campbell LDC File #: B15/103

Municipality: Township of Beckwith Lot: 23 Conc.: 3

Geographic Township: Beckwith Consent Type: new lot

Roll Number: 0924 000 015 04011

Purpose and Effect: To sever a 1.28-ha residential building lot and retain a 1.28-ha building lot.

Official Plan Designation: Rural

Conformity: Complies with the general intent of OP Policies, the proposal but does not comply with Section 4.5 – number of new lots permitted on a landholding.

Beckwith OPA#29 – approved by Lanark County on June 22, 2016 provided for an additional consent to take place of these lands. The proposal now complies with the Official Plan.

(a) MINUTES – December 14, 2015

Lyle Campbell, president of 1343791 Ont. Ltd., and Pat Overhoff, adjacent landowner attended the hearing and gave evidence under oath.

Mr. Campbell noted that these lands are the remnant lands left over from the 2nd Phase of Cam’s Ridge and that it makes good use of the lands and that he recognizes that this is an extra lot over and above that which is permitted in the Official Plan.

Mr. Campbell advised that the studies undertaken on the Cam’s Ridge subdivision lands included the remnant lands and that there was no indication that an additional lot would have any effect on the area, and that an additional review was undertaken by MPCE to ensure this. He also noted that having these lands, both the severed and retained with similar development requirements as the adjacent subdivision made sense.

Ms. Overhoff advised that she had no objection to the division of the land only that it exceeded the Official Plan Policies for number of consents permitted on a landholding.

MINUTES ITEM # 10.10.1

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Moved by D. Murphy Seconded by W. Guthrie “THAT, consent application No. B15/103 be deferred, to allow the applicant time to further explore development options, with the Township of Beckwith on how the application can meet the Official Plan Policies Section 4.5 Division of Land, such a site specific Official Plan Amendment.” ADOPTED

(b) ADDITIONAL INFORMATION

In February 2016 the applicant 1343791 Ontario Inc. (Lyle Campbell) applied to the Township of Beckwith for a site specific Official Plan Amendment (OPA) of the lands that are the subject of a proposed consent. The proposed OPA would permit an additional consent from the original Township lot with an area of 40 hectares (100 acres) or more.

In support of the additional application to provide for an additional lot on these lands, the applicant was required to prepare and submit a “Technical Memorandum to the Hydrogeological Assessment and Terrain Evaluation” for Phase 2 of Cam’s Ridge Subdivision in order to ensure that the quantity and quality of water was available to support additional development on the lands. The addendum confirmed the adequacy of water supply and also required that the same development conditions be placed on these lands as are on the lands within the plan of subdivision.

The OPA#29 was adopted by Beckwith Township Council following the public process as outlined in the Planning Act, as By-law No. 2016-18 on the 3rd day of May, 2016.

OPA#29 was then submitted to Lanark County who have been delegated approval authority by the Province of Ontario. The report and recommendation to approve OPA#29 was presented to the Economic Development Committee on June 22, 2016 and subsequently approved by Lanark County Council on June 22nd, 2016. No appeals were filed and the amendment can into effect on the 14th day of July 2016.

Given that the Beckwith Official Plan Section 4.5.2 was amended to provide an exception to the maximum number of lots that could be created on a lot, specifically Part Lot 23 Conc. 3, Part 1 on Plan 27R-10407 except 27M-64 Township of Beckwith, the consent proposal may now proceed, as it is in conformity with the Official Plan.

(c) MINUTES – August 8, 2016 – Re-convened hearing

Faye Campbell, representing 1343791 Ont. Inc. attended the hearing and gave evidence under oath.

Ms. Campbell advised that since the last hearing, the company submitted an application to amend the Beckwith official Plan to allow for an additional consent on these lands. And that the OPA has been approved by Lanark County council.

Committee reviewed the staff report and draft conditions.

Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision.


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(d) DECISION & CONDITIONS

DECISION: PROVISIONAL CONSENT IS GRANTED

REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act.

1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act.

2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy of the registered reference plan.

3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Beckwith.

4. The applicant shall provide the Township of Beckwith with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office.

5. That the applicant enter into a Site Plan Agreement and/or Subdivision Agreement with the Township of Beckwith, the wording of which shall include that: a) That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. b) That the subdivision agreement and the Agreements of Purchase and Sale contain a clause whereby the Owner acknowledges and agrees that the removal of vegetation on each lot shall be limited to only that which is required for the building and sewage system envelope. c) That vegetation removal should be kept to a minimum and should not be removed during the period of May 15th through July 15th unless a breeding bird survey is submitted to the Township within five days of the proposed vegetation removal identifying no breeding bird nesting activity. d) That a lot grading and drainage plan be prepared which demonstrates that the proposed sewage system envelopes can be accommodated on each lot, subject to approval of the Leeds, Grenville and Lanark District Health Unit. e) The site grading and drainage plan to depicting the location of the well envelope, septic envelope and building envelope to be accommodated on each lot must be provided. Please note that the septic envelope area is to include the septic tank and leaching bed. If the lots which require clay seal prior to construction of the leaching bed to be noted on the site grading and drainage plan. f) Any discharge of potential water softener waste is not to entire the septic

systems. g) That the Purchase and Sale Agreements and Deeds contain the following

provisions with wording acceptable to the Township of Beckwith:


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- That all wells shall be located a minimum of 15 metres from the edge of any septic system leaching bed and this separation distance shall be increased where practical. Wells should be located on higher ground where possible. Existing wells that do not need this criteria shall be upgraded to this standard or properly abandoned; - Sewage disposal systems should be constructed in areas with a minimum

of 0.3 metres of native soil, where possible; - That all future on-site water wells shall be constructed with steel casing

grouted into bedrock to a depth of 12 metres below ground surface. All wells shall be constructed in accordance with Ontario Regulation 903 and the Township of Beckwith Well Compliance requirements;

- Supervision of well casing installation by a qualified professional engineer or hydrogeological consultant is required to ensure that wells are constructed in accordance with the requirements, and that well compliance records be submitted to the Chief Building Official; - That the report prepared by Houle Chevrier Engineering entitled

“Hydrogeological Assessment and Terrain Analysis Proposed Residential Subdivision, Cam’s Ridge Phase 2, Township of Beckwith, Ontario” dated July 2012 shall be made available to lot purchasers as a guide to development;

- That heat pumps have not been approved for use in this subdivision and that their feasibility should be examined by a qualified hydrogeologist prior to installation in order to avoid potential related problems of water supply and water quality;

- That conventional water softeners may be desired by homeowners to treat minor operational guideline exceedances of the Ontario Drinking Water Standards, such as hardness and minor aesthetic exceedances such as manganese and iron;

- That the general maintenance and upkeep of all ditches and drains within the subdivision be the equal responsibility of the property owners; and

- That grass cutting along the road side within the subdivision be the responsibility of the property owner.

h) The agreement between the Owner and the municipality contain a provision that Agreements of Purchase and Sale indicate that it will not be possible to guarantee which school children may attend, and that transportation will be provided in accordance with the policy of the local/district school boards.

6. The applicant shall confirm with the Township of Beckwith’s Public Works Superintendent that an entrance is feasible to the severed and retained lands.

7. A letter shall be received from the Township of Beckwith stating that condition #3 through #6 has been fulfilled to their satisfaction.

NOTES

1. The Township of Beckwith advises that all future structures are to be located under the guidance of the Chief Building Official in accordance with the Ontario Building Code and all municipal by-laws.

2. The Leeds Grenville and Lanark District Health Unit advises that additional sandy loam may be required in the future septic system area of the severed and retained


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lands.

3. The County of Lanark advises that, prior to the issuance of a building permit, Development Charges must be paid in full.

4. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits

killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding.

It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species.

The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNR for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNR to discuss the potential for application of certain permits or agreement.


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Y:\Consents\Staff Reports\2015 LDC Reports\B15-139 -141, Brown.docx Page 1 of 13

LAND DIVISION STAFF REPORT


Owner: Warren & Janet Brown Hearing Date: August 8, 2016

Applicant: Warren & Janet Brown LDC File #: B15/139 to B15/141

Municipality: Township of Montague

Geographic Township: Montague Lot: 19 Conc.: 10

Roll No.: 0901 000 025 29600 Consent Type: 3 new lots

Purpose and Effect: To sever three residential building lots (0.5-ha each) and retain a 17.25-ha landholding with an existing residence at 3103 Rosedale Road N.

DETAILS OF PROPOSAL Lands to be Severed B15/139

Lands to be Severed B15/140

Existing Use Proposed Use

Vacant Residential

Vacant Residential

Area Frontage Depth Road - Access to

0.5-ha 58 m 88 m Municipal


Water Supply Sewage Disposal

Proposed well Proposed septic

Proposed Well Proposed Septic

Zoning By-law Category -Area (minimum) -Compliance? -Frontage (minimum) -Compliance?

Rural 0.4-ha Yes 46 m Yes


DETAILS OF PROPOSAL Lands to be Severed

B15/141 Lands Retained


Vacant Residential

Residential Residential






Well Septic System

Zoning By-law Category Rural Rural


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Lands Retained

-Area (minimum) -Compliance? -Frontage (minimum) -Compliance?

0.4-ha Yes 46 m Yes

0.4-ha Yes 46 m Yes


Conformity: Yes

(a) APPLICATION REVIEW

Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application:

1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns

Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns.

Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas.

Section 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted.

1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses.

Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted.

1.6 Infrastructure and Public Service Facilities Section 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development.

2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term.

Section 2.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features.


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Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas.

County Official Plan – Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi-Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark.

Local Official Plan – Section 2 General development Policies, Section 2.16 Road Access, Section 2.19.2 Organic Soils, Section 2.2. Ground Water Supply, Sewage Disposal and Other Services, Section 2.3.2 Mineral Resource – Bedrock, Section 3.3 and 3.4 Natural Heritage, Section 3.5 Natural Hazard, Section 3.6 Rural, Section 4.4 Township Roads, Section 5.2 Land Division. The Township of Montague advises that the proposal conform to the designations and policies of the Official Plan.

Zoning By-law – Section 3 General Provisions, Section 11 Rural Zone The Township of Montague advises that proposals comply with the Zoning By-law regulations.

(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received:

Township Planner’s Report - Application Thank you for circulating the Township of Montague on this application. Township staff have reviewed the application with respect to its conformity with the Township's Official Plan and Zoning By-law. As indicated, the property owners seek permission to sever three residential lots from the middle of their -19 ha landholding on Rosedale Road North. The three lots would be 0.5 ha (1.2 acres) each and are currently vacant. The severed lots would front on Rosedale Road North and the retained fronts on Rosedale (civic # 3103) and Salter Road to the north. There is no record of previous severances from this landholding since 2001 and as such this application could be considered under the Township's lot creation policies.

Review The severed and retained lands are located within the Rural Designation as outlined in the Township's Official Plan. Section 3.6.1 of the Plan envisions a "modest amount of compatible and orderly development" within the rural areas that are consistent with a rural setting. This includes limited and low density residential development in accordance with the compatibility policies of this Plan. This section of Rosedale Road North passes through a mixed landscape of pasture and woodlands with scattered residential development arranged in a linear pattern along the road to the north and south. Development tends to be concentrated within the first few hundred metres of the road, as woodlands and wetland predominate further inland. This section of Montague Township has seen considerable severance activity in recent years. It is noted that the proposed three lots abuts a previous three lots created around 1991 to the north (since


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developed), with additional development further to the north along Rosedale Road North. With this in mind, staff considered this proposal within the context of Section 5.2.3.3, which discourages strip development within the Rural designation. Strip development is not specifically defined in policy and the determination for what is strip development is primarily considered in terms of visual impact. In this case, the existing linear development to the north is mostly screened through the retention of most trees on the site, which reduces the views of the houses and driveways along the road, compared to if the site were open. Provided that existing tree cover is preserved as much as possible on the new lots, the Township will support these lots within that policy context.

The extensive tree cover is a defining feature of the Brown property and most of the lot, including the severed parcels, are designated as Significant Woodlands according to the township's constraints mapping. In accordance with the Plan (Sec. 2.21.6) an Environmental Impact Statement (and addendum) were submitted in support of the application. The consultant biologist Hans von Rosen advised in this case however that key woodland functions would not be impacted by the severances given the condition of the forest cover and proximity to the road. Habitat for species at risk would also not be impacted provided that certain best management practices are included in future construction. Staff agree with the conclusion of the Rideau Valley Conservation Authority that a note on title to this effect would be sufficient. The retained lot is already developed and this application would not change the development status of that property.

As the severances front on public roads, they satisfy the access policies of the Official Plan (Sec. 2.16). Rosedale Road, which is paved, would provide the access to all three lots. It is noted that these lots are located roughly 1.6 kilometres from Highway 15, which is a major transportation route connecting the community to nearby urban centres and as such, overall impact on municipal infrastructure is not expected to be significant. Like all development in the rural portion of the Township, the proposed lots would be privately serviced with well and septic systems. The lot sizes being considered are relatively small at a little more than one acre and while there is no automatic municipal requirement for a hydrogeological study to justify these severance applications, in areas of denser residential development, the Land Division Committee could consider whether the drilling of a test well, as a condition of severance approval, is appropriate to confirm the suitability of the groundwater supply.

In addition to the servicing and compatibility policies referenced above, the application was also evaluated pursuant to the Land Division Policies (Sec. 5.2) and this application is considered to comply. From a zoning perspective, the entire Brown property is zoned Rural and this application is consistent with all provisions of the Zone with respect to the severed lots and the retained.

Conclusion and Recommendations In conclusion and for the reasons outlined above, staff are of the view that these consent applications are generally consistent with the Township's planning policies and that an approval is appropriate,


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Township of Montague - recommends approval of this application subject to the following conditions: 1) The balance of any outstanding taxes and fees owing shall be paid to the

Township. 2) The Applicant shall provide the Township with a registered copy of al/

reference plans associated with this application if a survey is required by the Registry Office.

3) The Applicant shall confirm that residential entrances to the severed lands are viable. The Applicant shall consult directly with the Township of Montague in this regard.

4) The Applicant shall obtain Civic Address Numbers from the Township of Montague for the severed lands. The applicant shall consult directly with the Township in this regard.

5) That a note be referenced on future agreements of purchase and sale that: a. No construction activities should occur prior to July 10th in order to protect nesting birds; and b. That all raw soil areas shall be seeded to a clover-grass mixture by late September of the year of construction.

6) Sufficient land for Road Widening purposes shall be conveyed as required to the Township of Montague by registered deed, to meet the road widening requirements of the Township. Deeds are to be submitted to the Municipality for review accompanied by a solicitor's certificate indicating that the Municipality's title is free and clear of all encumbrances and the Municipality has a good and marketable title for assumption. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required.

7) The Applicant shall meet the Township's requirements regarding the dedication of parkland or cash-in-lieu thereof.

Conservation Authority – Rideau Valley Conservation Authority – Jan 13, 2016

We have undertaken our review within the context of Sections 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement issued under Section 3 of the Planning Act, and from the perspective of the Conservation Authority regulations. The following comments are offered for the Committee's consideration.

PROPOSAL The proposal is to sever three 0.5 hectare lots and from the existing lot which would ultimately result in a total of 4 lots.

PROPERTY CHARACTERISTICS Severed Parcels B 15/139 through B15/141 The severed parcels are primarily treed. The lots are currently vacant. All three severed lots have been identified as Significant Woodlands in the Township's Official Plan.

Retained Parcel The northern portion of the retained parcel is well treed. The middle of the parcel is primarily cleared, while the southern portion of the parcel is treed and contains an unevaluated wetland. The retained parcel is already developed with a residence


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and garage. The treed areas and the unevaluated wetland have been identified as Significant Woodlands in the Township's Official Plan.

REVIEW Natural Hazards - Organic Soils Severed Parcels There have been no Organic Soils identified on the severed parcel.

Retained Parcel The southern portion of the retained parcel has been identified as Organic Soils on Schedule B of the Township's Official Plan. The identified Organic Soils appear to coincide with the unevaluated wetland boundary. Organic soils are considered a natural hazard (hazardous site) in the Provincial Policy Statement. The Provincial Policy Statement and the Township's Official Plan encourage development to be located outside of areas identified with Organic Soils. In this particular case the retained parcel is already developed with a residence and garage and no development is being proposed as a result of this application.

Natural Heritage - Significant Woodlands

Severed Parcels All three severed parcels have been identified as Significant Woodlands in the Township's Official Plan. The Township's Official Plan requires that an ElS be submitted demonstrating that there will be no negative impacts on the natural features or their ecological functions for Significant Woodlands and their adjacent lands. The Conservation Authority notes that there has been no EIS submitted with this application. Given that all three severed parcels are within the natural feature, the Conservation Authority recommends that this application be adjourned until such time that an EIS in accordance with the Township's Official Plan requirements has been submitted and reviewed.

Retained Parcel Portions of the retained parcel have been identified as being Significant Woodlands in the Township's Official Plan. The retained parcel is already developed with a residence and garage and there is no new development on the retained parcel as a result of this application.

CONCLUSION In conclusion, the Conservation Authority recommends that these applications be placed on hold to allow the applicant time to submit and have an EIS reviewed in accordance with the Township's Official Plan requirements.

Please keep us informed on the status of this application.

Conservation Authority – Rideau Valley Conservation Authority – July 19, 2016 We have undertaken our review within the context of Sections 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement issued under Section 3 of the Planning Act, and from the perspective of the Conservation Authority regulations. The following comments are offered for the Committee's consideration. PROPOSAL The proposal is to sever three 0.5 hectare lots and from the existing lot which would ultimately result in a total of 4 lots.


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PROPERTY CHARACTERISTICS Severed Parcels B15/139 through B15/141. The severed parcels are primarily treed. The lots are currently vacant. All three severed lots have been identified as Significant Woodlands in the Township's Official Plan.

Retained Parcel The northern portion of the retained parcel is well treed. The middle of the parcel is primarily cleared, while the southern portion of the parcel is treed and contains an unevaluated wetland. The retained parcel is already developed with a residence and garage. The treed areas and the unevaluated wetland have been identified as Significant Woodlands in the Township's Official Plan.

REVIEW Natural Hazards - Organic Soils Severed Parcels There have been no Organic Soils identified on the severed parcels.

Retained Parcel The southern portion of the retained parcel has been identified as Organic Soils on Schedule B of the Township's Official Plan. The identified Organic Soils appear to coincide with the unevaluated wetland boundary. Organic soils are considered a natural hazard (hazardous site) in the Provincial Policy Statement. The Provincial Policy Statement and the Township's Official Plan encourage development to be located outside of areas identified with Organic Soils. In this particular case the retained parcel is already developed with a residence and garage and no development is being proposed as a result of this application.

Natural Heritage - Significant Woodlands Severed Parcels All three severed parcels have been identified as Significant Woodlands in the Township's Official Plan. In accordance with the Township's Official Plan, the applicant has provided an EIS "Environmental Impact Statement – RE: Severances. Part Lot 19, Conc. X; Montague Township" dated February 12th, 2016 and the addendum "Addendum to the Environmental Impact Statement of February 12th, 2016 – Re: Species at Risk, Part Lot 19 Conc. X, Township of Montague” dated May 26, 2016, prepared by Hans K. Von Rosen, Pinegrove Biotechnical.

The EIS has concluded that the impact of the three severances on the subject lands are minimal. There were two mitigation measures in the report which should be recognized as a note in any decision:

- No construction activities prior to July 10, to protect nesting birds - Re-seeding all raw soil areas to a clover grass mixture by late September of

the year of construction

Retained Parcel Portions of the retained parcel have been identified as being Significant Woodlands in the Township's Official Plan. The retained parcel is already developed with a residence and garage and there is no new development on the retained parcel as a result of this application.


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CONCLUSION In conclusion, the Conservation Authority has no objection to these severances and recommends that the above noted mitigation measures be provided as a note in the decision. Please keep us informed on the status of this application

Septic Office – Leeds Grenville and Lanark District Health Unit

B15/139 – A 0.5 hectare (1.2 acre) vacant parcel of land. Land if relatively flat and mainly field and scrub brush. Recommendation – additional sandy loam fill will be required in the area of the future tile bed.



Retained lands – a 17.25 hectare (42.62 acre) parcel of land with existing house and garage. There is sufficient area to replace the existing septic system in the future. Recommendation – additional sandy loam fill will be required in the area of the future tile bed.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No comments were received.

(c) PUBLIC INPUT

No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended.

(d) PLANNING REVIEW

Background and Summary

The applicant proposes to sever three (3) residential building lots ( 0.5-ha each and retain a 17.25-ha landholding with an existing dwelling located at 3103 Rosedale Road North.

Three previous consents were taken from the original landholding in 1990.

The subject lands are located in an area characterized by rural residential along Rosedale Road N, giving the appearance of a ‘strip’ development pattern. Consideration could be given relocating the lots to the southern end of the property.

The lands are accessed via Rosedale Road North, a municipally maintained road.

Soils Inventory – Name: Farmington - Stoniness: slightly stony - CLI: 6 – natural grazing only - Drainage: well drained - Hydrogeology: moderate

Bedrock Inventory – dolostone, sandstone


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Water Supply Section 2.22 of the Montague Official Plan subsection 5, states “In reviewing planning applications, the cumulative impacts of private services shall be monitored to ensure sustainability of development.” Given that there are a total of 10 lots within proximity to the proposed lots, consideration should be given to demonstrate that adequate and potable water is available to supply the new development and also maintain the existing development. It is recommended that either a well be constructed or that a hydrogeological evaluation be undertaken to satisfy Section 2.22 of the Montague Official Plan.

Endangered Species and EIS With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review SAR was undertaken through the EIS process by Pinegrove Biotechnical. The study undertook assessments for whippoorwill, eastern milksnake, and grassland birds. Conclusion – severances for the purpose of future residences would no harmfully impact “Species at Risk, provided no construction activities be undertaken prior to July 10 to protect nesting birds, and re-seeding of all raw areas to a clover grass mixture by late September of the year of construction be undertaken.

Official Plan Policies

1. Lanark County Sustainable Communities Official Plan - Section 8.2.2 Consents. Lanark County, through an appointed Land Division Committee is the approval authority for the issuance of consents. Lot creation by consent shall be permitted where lot creation by plan of subdivision is deemed to be unnecessary. Consideration of location and development criteria by the approval authority shall be based on local Official Plans. In considering a consent, regard shall also be had to, among other matters, the criteria of Section 51 (24) of the Planning Act, R.S.O. 1990 with necessary modifications.

2. Montague Official Plan Polices for the Division of Land are found in Section 5.2 of the OP. The division of land by the consent process is intended for the creation of not more than three (3) new lots. A number of ‘general policies’ also apply to the division of land, including: no lot creation on lands subject to natural hazards, no lot creation on lands where there would be a negative effect on natural features, size and setbacks appropriate to zoning designation, supporting studies as required, MDS separation, frontage on existing public road (or existing private roads). The lot creation date for Montague is January 1, 2001 no maximum applies to lands within designated settlement areas.

3 Woodlands The area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. Woodland Development Policies has been established by the Township of Montague.


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Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law.

Conclusion The Provincial Policy Statements encourages development to occur in designated settlement areas. The proposed lots are not located within a designated settlement area, and therefore fall under PPS Section 1.1.4. and Section 1.1.5 Rural areas are a system of lands that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and other resource area. It is important to leverage rural assets and amenities and protect the environment as a foundation for a sustainable economy. When directing development on rural lands, a planning authority shall apply the relevant policies of the PPS Section: Building Strong Communities, Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety.

No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement.

There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Montague and could be given favourable consideration.

(e) MINUTES – August 8, 2016

Warren Brown, owner attended the hearing and gave evidence under oath.

Mr. Brown indicated that he is not aware of any problems with water quantity or quality in this area. Wells are generally 75 to 80 feet in depth.



(f) DECISION & CONDITIONS




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B15/139 to B15/141 – same conditions apply to all three applications.



3. The Owner/Applicant provide certification to the Lanark County Land Division and the Township of Montague that a well has been constructed on any of the properties being created through Consent Applications B15/139, B15/140 or B15/141 and that the quality and quantity of the water meets the Ministry of Environment and Climate Change Regulations, Standards, Guidelines and Objectives. The certification must be prepared by a qualified Professional Engineer, or Professional Geoscientist and it is the Owner's /Applicant’s responsibility to coordinate the company/person drilling the well and the professional noted herein in order to properly satisfy this condition.

Alternatively, should the Owner/Applicant not wish to proceed with the drilling of the well at this time, the owner/applicant shall prepare a “Scoped Hydrogeological Evaluation Report” by a Professional Engineer, or Professional Geoscientist to demonstrate a favourable groundwater quantity assessment, groundwater quality assessment, terrain evaluation and water quality impact risk analysis in accordance with the “Scoped Hydrogeological Report Requirements” guidelines dated July 2, 2015.

4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Montague.

5. The applicants shall satisfy all the requirements of the Township of Montague, financial and otherwise, that may be required under established by-laws for consent applications.

6. Payment shall be made to the Township of Montague representing the amount satisfactory to the Township in accordance with their Cash-in-Lieu of Parklands By-law pursuant to Section 42 of the Planning Act.

7. The applicant shall provide the Township of Montague with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office.

8. The applicant shall provide the Township of Montague confirmation, by way of a letter to file, that all future agreements of purchase and sale shall contain the following notices: - That no construction activities should occur prior to July 10th in order to protect nesting birds; and - That all raw soil areas shall be seeded to a clover-grass mixture by late

September of the year of construction.


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9. The applicant shall confirm that a residential entrance to the subject lot is viable. The applicant shall consult directly with the Township of Montague in this regard.

10. The applicant shall obtain a Civic Address Number from the Township of Montague. The applicant shall consult directly with the Township in this regard.

11. Sufficient land for Road Widening purposes shall be deeded to the Township of Montague by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required.

12. A letter shall be received from the Township of Montague stating that condition #3 through #11 has been fulfilled to their satisfaction.

NOTES

1. That during the development of the lot, through the building permit process, the owner shall ensure that: o No construction activities be undertaken prior to July 10, to protect nesting

birds; and o Re-seeding all raw soil areas to a clover grass mixture be undertaken by

late September of the year of construction. As outlined in the Environmental Impact Statement prepared by Pinegrove Biotechnical dated February 12, 2016 and May 26, 2016.

2. The Leeds Grenville and Lanark District Health Unit advises that additional sandy loam fill will be required in the area of the future tile bed on the severed lot and in the area of any future replacement tile bed area on the retained lands.




It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation


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comes into effect. The regulation would establish the area that is protected as habitat for the species.

The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.


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Y:\Consents\Staff Reports\2016 LDC Reports\B16-002 & 003, 8907501 Canada Inc.docx Page 1 of 14



Owner: 8907501 Canada Inc. Hearing Date: August 8, 2016

Applicant: Janak Alford LDC File #: B16/002 & B16/003

Municipality: Township of Montague Park Lot 15 Pt. Park Lot 13, 14, 16 & 16 Plan 1184

Geographic Township: Montague Consent Type: 2 new lots

Roll Number: 0901 000 035 07801

Purpose and Effect:

To sever two (2) residential building lots – 0.414-ha each and retain a 14.16-ha vacant landholding. DETAILS OF PROPOSAL Lands to be

Severed B16/002

Lands to be Severed

B16/003

Lands Retained


Vacant Residential

Vacant Residential

Vacant Vacant


0.4138-ha 46 m 89.97 m Municipal

0.4138-ha 46 m 89.97 m Municipal

14.16-ha 296.42 m 304.88 m Municipal




None proposed None proposed






Conformity: Yes





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3.1 Natural Hazards Section 3.1.1 Development shall generally be directed to areas outside of: b) hazardous lands adjacent to river, stream and small inland lake systems which

are impacted by flooding hazards and/or erosion hazards, and c) hazardous sites.



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Local Official Plan – Section 2 General development Policies, Section 2.16 Road Access, Section 2.19 Natural Hazard Features, Section 2.22 Groundwater Supply and Sewage Disposal, section 3.2 Bedrock, Section 3.3 and 3.4 Natural Heritage, Section 3.6 Rural Policies, Section 4.4 Township Roads Section 5.2 Land Division. The Township of Montague the proposals conforms to the designations and policies of the Official Plan.

Zoning By-law – Section 3 General Provisions, Section 11 Rural Zone. The Township of Montague advises that the proposals comply with the zoning by-law regulations.


Township Planner’s Report - Application Thank you for circulating the Township of Montague on this application. Township staff have reviewed the application with respect to its conformity with the Township's Official Plan and Zoning By-law. As indicated, the property owner seeks permission to sever two 0.4 ha (1 acre) residential building lots from a 15 ha parcel of land on Rideau Avenue. The severed lots, presently vacant, will both front on Rideau Avenue. These applications were submitted at the same time as a previously approved lot addition application to the south which had the effect of enlarging the Derbyshire auto service shop to the south. The Township has no record of previous new lots being created from this landholding since 2001 and as such this application could be considered under the Township's lot creation policies.

Review The severed lands are located in between two of the Township's historic subdivisions, however the lands themselves are located within the Rural Designation as outlined in the Township's Official Plan. Section 3.6.1 of the Plan envisions a "modest amount of compatible and orderly development" within the rural areas that are consistent with a rural setting. This includes limited and low density residential development in accordance with the compatibility policies of this Plan. While reasonably close to densely developed communities in both Smiths Falls and Montague, this section of Rideau Avenue is not densely developed. There exists some scattered residential development to the north and south however the immediate vicinity is largely low scrub woodlands. A rail yard in the Town is situated across the road and that is well screened from the existing location. It is felt that the creation of two new residential lots within these lots is consistent with the existing pattern of development nearby.

There are several development constraints however that affect these proposed lots and which will guide future development on them. The majority of the retained lands, bordering on the severed lands, have been designated as "significant woodlands" according to the Township's constraints mapping. This means that development cannot impact this feature or its adjacent lands unless it has been demonstrated that "there will be no negative impacts on the natural features or their ecological functions" (Sec. 2.21.6.4). This designation covers an area around


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the middle of the lot and generally lines up with an unevaluated wetland identified by RVCA. Based on this policy and in consultation with the Rideau Valley Conservation Authority, staff accept that this more open area at the front would comprise a suitable building envelope and is the best location for development as per the Plan. This suitable building envelope can be implemented through a development agreement which would be a condition of a severance approval.

Virtually the entire severed lands (and most of the retained lands) have also been identified as containing organic soils, which is a natural hazard to development given that it can create unstable building environments. Development shall ideally be situated to avoid these identified areas or, alternatively, justified through appropriate studies that demonstrate that the land is or can be made suitable for development (Sec. 2.19.2). To address this issue, the applicants submitted a geotechnical investigation report prepared previous to the application (March 24, 2015) that reported that organic soils are not present at the test pits locations in the vicinity of the severed lots. This would suggest that a viable building envelope is available on the lots. Of note however were some statements in the report that suggest that "fill of variable physical and chemical composition is present over portions of the site", which may suggest that there is some potential for contaminated soils. While staff are not aware of a previous industrial use on the property, it is noted that the site is in reasonable proximity to several existing and historical industrial uses. Section 2.20.1 of the Plan addresses contaminated sites and outlines certain steps that need to be taken when the potential exists that can affect proposed residential development. These include the submission of a Record of Site Condition and Phase 1 Environmental Site Assessment. As a matter of due diligence and for the benefit of the applicants as well, staff suggest this matter be further investigated as a condition of a severance approval.

As the severances front on a public road, they satisfy the access policies of the Official Plan (Sec. 2.16). Rideau Avenue is a paved road that provides reasonably quick access to major transportation corridors. It is felt that two additional residential lots will not have a consequential impact on municipal services or infrastructure. Like all development in the rural portion of the Township, the proposed lots would be privately serviced with well and septic systems. The lot sizes being considered are relatively small at about one acre each and while there is no automatic municipal requirement for a hydrogeological study to justify these severance applications, in areas of denser residential development, the Land Division Committee may wish to consider whether the drilling of a test well, as a condition of severance approval, is appropriate to confirm the suitability of the groundwater supply.

In addition to the servicing and compatibility policies referenced above, the application was also evaluated pursuant to the Land Division Policies (Sec. 5.2) and this application is considered to comply. From a zoning perspective, the entire property is zoned Rural and this application is consistent with all provisions of the Zone with respect to the severed lots and the retained.

Conclusion and Recommendations In conclusion and for the reasons outlined above, staff are of the view that these consent applications are generally consistent with the Township's planning policies and that an approval is appropriate.


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Township of Montague - recommends approval of this application subject to the following conditions: 1) The balance of any outstanding taxes and fees owing shall be paid to the

Township. 2) The Applicant shall provide the Township with a registered copy of all

reference plans associated with this application if a survey is required by the Registry Office.

3) The Applicant shall confirm that residential entrances to the severed lands are viable. The Applicant shall consult directly with the Township of Montague in this regard.

4) The Applicant shall obtain Civic Address Numbers from the Township of Montague for the severed lands. The applicant shall consult directly with the Township in this regard.

5) Sufficient land for Road Widening purposes shall be conveyed as required to the Township of Montague by registered deed, to meet the road widening requirements of the Township. Deeds are to be submitted to the Municipality for review accompanied by a solicitor's certificate indicating that the Municipality's title is free and clear of all encumbrances and the Municipality has a good and marketable title for assumption. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required.

6) The Applicant shall meet the Township's requirements regarding the dedication of parkland or cash-in-lieu thereof.

7) The Applicant shall enter into a development agreement with the Township of Montague to address the natural heritage concerns identified by the Rideau Valley Conservation Authority in their letter September 22, 2015. The effect of the agreement will be to formalize a development envelope outside of a 50 metre woodland and unevaluated wetland buffer.

8) The applicant shall demonstrate to the satisfaction of the Approval Authority that contaminated soils do not exist on the site which would pose a hazard to residential development. If contaminated soils are found, the site shall be remediated in accordance with provincial and municipal requirements.

Conservation Authority – Rideau Valley Conservation Authority – April 13, 2016 We have undertaken our review within the context of Sections 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement issued under Section 3 of the Planning Act, and from the perspective of the Conservation Authority regulations. The following comments are offered for the Committee's consideration.

PROPOSAL The proposal is to sever two 4,138.6 square metre lots from the existing lot which would ultimately result in a total of 3 lots.

PROPERTY CHARACTERISTICS Severed Parcels B16/002 and B16/003 The severed parcels are primarily cleared with some wooded vegetation at the rear of each parcel.


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Retained Parcel Majority of the retained parcel is well treed and has been identified as being Significant Woodlands in the Township's Official Plan. In addition, a good portion of the property has also been identified as unevaluated wetland. Two watercourses traverse the property.

REVIEW Natural Hazards Organic Soils Severed Lot B16/002 through B16/003 and Retained Parcel These severed parcels have been identified as being entirely within Organic Soils in the Township's Official Plan. Conservation Authorities were delegated natural hazard responsibilities by the Minister of Natural Resources. This includes flood plain management, hazardous slopes, Great Lakes shorelines, unstable soils and erosion which are now encompassed by Section 3.1 "Natural Hazards" of the Provincial Policy Statement.

Under Section 3.1 Natural Hazards in the Provincial Policy Statement 2014, it states: Development shall generally be directed to areas outside of: a) Hazardous sites Hazardous sites is defined in the PPS as property or lands that could be unsafe for development and site alteration due to naturally occurring hazards. These may include unstable soils (sensitive marine clays [leda], organic soils or unstable bedrock (karst topography).

The Township's Official Plan encourages development to be located outside of organic soils and provides criteria which must be met in any instance where development in an area subject to organic soils is considered.

Accordingly, the applicant has provided two geotechnical investigations "RE: Limited Subsurface Investigation - Proposed Light Industrial Building, Part of Park Lot 16, All of Park Lot 15, Plan 1184, Rideau Avenue North, Town of Smiths Falls, Ontario", dated August 14th, 2014, prepared by Kollaard Associates Engineers "RE: Limited Subsurface Investigation - Proposed Light Industrial Building, Park Lot 13, Plan 1184, Rideau Avenue North, Township of Montague, Town of Smiths Falls, Ontario", dated March 25th, 2015, prepared by Kollaard Associates Engineers

The first report consisted of test pits at 9 different locations, all those within 100 metres of Rideau Avenue North and between the properties municipally known as 37 and 71 Rideau Avenue North. The second report included an additional 3 test pit locations, all within 100 metres of Rideau Avenue North and between the properties known municipally as 77 and 101 Rideau Avenue North. The results of the geotechnical investigation concluded that there were no organic soils identified in the test pit locations and therefore, a development envelope is available on both the severed and retained lands entirely outside of the organic soils. It will be imperative that the development envelope be clearly defined for the severed and retained parcels in a development agreement.

While organic soils were not identified in the report, there were some statements made in the report that may suggest the site contains contaminated soils. The


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report identified some rubber and concrete in test pit 2 of the March 25th report. The report also made certain statements such as; "In addition to soil variability, fill of variable physical and chemical composition is present over portions of the site" which may suggest that there is the potential for contaminated soils. Contaminated soils are not within the scope of the Conservation Authority's mandate or interests as it relates to our delegated responsibilities from the Province or with our responsibilities under our MOU with the County. Therefore, we are only providing this information so that the Township and County can decide how they wish to proceed based on the findings of the report in relation to the potential for contaminated soils.

Natural Heritage Unevaluated Wetland/Significant Wetland Severed Parcel B16/002 and B16/003 There have been no portions of the severed lands which have been identified as unevaluated wetlands. However, the severed parcels would be within the adjacent lands to the unevaluated wetland which has been identified on the retained parcel. In addition, the area identified as unevaluated wetlands also coincides with the boundary identified in the Official Plan as Significant Woodlands. This would place both severed lots within the 120 metre adjacent lands and require an EIS to support the application as per the Official Plan requirements.

However, it is the Conservation Authority's opinion that given the development on the adjacent lots, and that we are only dealing with the creation of two new lots, that in lieu of an EIS, a sufficient building envelope is available with little impact on the natural feature provided that a development setback of 50 metres from the Significant Woodland boundary is applied for each lot. We feel that this would meet the intent of the Official Plan requirements for Significant Woodlands. If the applicant was agreeable to the recommended setback, it would have to be represented in a development agreement to ensure that the current and future owners are aware of this constraint. Should the applicant wish to explore further options, ie: setback less than 50 metres) then the Conservation Authority would recommend that the application be placed on hold until such time as an EIS is submitted in accordance with the Township's Official Plan requirements.

Retained Parcel Similar to our comments for the severed parcels, it is the Conservation Authority's opinion that a 50 metre setback from the Significant Woodland boundary would be sufficient to address the Township's Official Plan requirements for Significant Woodlands on the retained parcel.

Watercourses Severed Parcel B16/002 and Severed Parcel B16/003 There have been no watercourses identified on these parcels.

Retained Parcel Two watercourses have been identified on the retained parcel. The retained parcel is large enough that there is a sufficient building envelope available well away from the two watercourses. Therefore, there is no anticipated impact on the watercourses identified on the retained parcel as a result of this application.


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CONCLUSION In conclusion, the Conservation Authority has no objection to these severance applications subject to the following conditions: 1. That the Owner provide a site plan showing the building envelopes on

severed and retained parcels to the satisfaction of the Rideau Valley Conservation Authority and the Township of Montague.

2. That the applicant enter into a development agreement or a site plan agreement with the Township to the satisfaction of the Conservation Authority and the Township that includes the following clauses: a. That the Owner acknowledges and agrees that all development

including vegetation removal (ie: tree cutting, etc ... ) shall be limited to within the defined development envelopes as per the site plan.

Should the applicant wish to explore further development envelope options on the severed and retained parcels than those indicated in this letter, then the Conservation Authority recommends that this application be placed on hold until such time as an EIS is and any additional geotechnical investigations are submitted and reviewed. Please keep us informed on the status of this application.


B16/002 – a 46 m x 89.97 m parcel of land. The land is relatively flat and has young coniferous trees planted throughout parcel. There is a 2 storey storage building with approximately 3 m x 3 m area. There is a hydro easement throughout portion of property. Recommendation – additional sandy loam fill will be required in area of leaching bed.

B16/003 – a 46 m x 89.97 m parcel of land. The land is relatively flat and has young coniferous trees planted throughout parcel. There is a 2 storey storage building with approximately 3 m x 3 m area. There is a hydro easement throughout portion of property. Recommendation – additional sandy loam fill will be required in area of leaching bed.

Retained lands – a 14.16 hectare parcel of vacant land. Land is relatively flat and has a mix of field and wooded lands. Recommendation – additional sandy loam fill will be required in the area of the future leaching bed.

Hydro One Networks The applicant is advised that there is an unregistered easement on the lands.

Bell Canada R-O-W Subsequent to review by our local Engineering Department, it has been determined that Bell Canada has no concerns or objections with the application.

(c) PUBLIC INPUT

Written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended, as follows:

Hugh Henderson – June 14, 2016 Please keep me informed on these severances B16/002 and B16/003.


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(d) PLANNING REVIEW Background and Summary

The applicant proposes to sever two (2) 0.4-ha residential building lots and retain a 14.16 vacant landholding.

The subject lands are located in an area characterized by typical urban residential. The CRP Smiths Falls Rail Yard is across the road from the development. The effect of the lot creation is ‘infill’, a process recommended by the PPS.

Road Access The lands are accessed via Rideau Ave N, a municipally maintained road.

Adjacent Land Uses Due to the proximity of the rail yard, if approved a condition should be included to place a notice on the transfer / deed that the occupants may be susceptible to noise, dust, etc as a result of the operation.

Bedrock Inventory / Soils Due to organic soils on the lands, the applicant was required to undertake a subsurface investigation to determine the soils and groundwater conditions of the site for proposed development. The report concluded that development could occur, however a geotechnical consultant should be on site during construction to confirm the subsurface conditions throughout the proposed development of the site.

The report did note that ‘fill of variable physical and chemical composition is present over portions of the site’, this may be due to the adjacent rail yard. As noted by the Township’s Planner, Section 2.20.1 of the Official Plan addresses contaminated suites and outlines certain steps to be undertaken when the potential exists. This includes the submission of a ‘Record of Site Condition’ and “Phase 1 Environmental Assessment”. It is recommended that these steps be undertaken as a condition of final approval.

Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR) and/or Endangered (END) species on the site or in proximity to it: Butternut END Gray Ratsnake THR

Source Water Protection The lands are located within an area designated as WHPA less than 8, therefore a ‘note’ should be included in the conditions advising that the following activities are not permitted: New Chemical Handling and Storage - DNAPL* substances (any quantity):

o Dioxane-1,4 o Polycyclic aromatic hydrocarbons (PAHs) o Tetrachloroethylene (PCE) (also called PERC) o Trichloroethylene (TCE) o Vinyl chloride


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*DNAPL and organic solvent use is associated with automotive, dry cleaning and furniture refinishing businesses as well as certain manufacturing processes. DNAPL is an acronym for Dense Non-Aqueous Phase Liquids. Consult the Municipality or Risk Management Official if:

• Activities on this list are 1) already occurring, 2) are proposed to resume after an interruption, 3) are proposed to expand or 4) were the subject of a previous application or approval. These may proceed if they meet the Interruptions / Expansions Policy or the Transition Policy but a Risk Management Plan will be required; or • There is uncertainty regarding whether or not a proposed activity is prohibited.



2. Montague Official Plan Polices for the Division of Land are found in Section 5.2 of the OP. The division of land by the consent process is intended for the creation of not more than three (3) new lots. A number of ‘general policies’ also apply to the division of land, including: no lot creation on lands subject to natural hazards, no lot creation on lands where there would be a negative effect on natural features, size and setbacks appropriate to zoning designation, supporting studies as required, MDS separation, frontage on existing public road (or existing private roads). The lot creation date for Montague is January 1, 2001 no maximum applies to lands within designated settlement areas.

3. Woodlands The area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. Woodland Development Policies has been established by the Township of Montague.


Conclusion The Provincial Policy Statements encourages development to occur in designated settlement areas. The proposed lots are not located within a designated settlement area, and therefore fall under PPS Section 1.1.4. and Section 1.1.5 Rural areas are a system of lands that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and other resource area. It


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is important to leverage rural assets and amenities and protect the environment as a foundation for a sustainable economy. When directing development on rural lands, a planning authority shall apply the relevant policies of the PPS Section: Building Strong Communities, Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety.


There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Montague and could be given favourable consideration.


Janak Alford, agent attended the hearing and gave evidence under oath.

Mr. Alford explained that much of the lands are forested with Ash, which has been extremely damaged by the Ash borer. However, with the assistance of RVCA he is replanting the lands with other species as recommended by RVCA.

Mr. Alford also noted that Kollard Associates had undertaken an extensive review of the property regarding organic soils to ensure that the lands being created could be developed. The report indicated that there may be contamination on the lands, but this area was on the north side of his lands and not on the lots to be severed. This material consisted of approx. 2 loads of cement blocks and other building material.

The committee requested that Mr. Alford obtain from Kollard, in the form of a ‘letter of opinion’, confirmation that the area of lands that may be contaminated are not located in the area of the two new lots.






B16/002 and B16/003 – same conditions apply to both lots

1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one


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year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act.


3. The Certificate of Consent “Schedule” attached to the deed / transfer required by Condition #1 above, shall include the following condition “The lands are within proximity of an existing rail yard and rail line, and that the occupants of the lot may be susceptible to noise, odours, vibration and related impacts from time to time”.

4. That the applicant demonstrate to the satisfaction of the Lanark County Land Division Committee that contaminated soils do not exist on the site which would pose a hazard to residential development. If contaminated soils are found, the site shall be remediated in accordance with provincial and municipal requirements.

5. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Montague.

6. The applicants shall satisfy all the requirements of the Township of Montague, financial and otherwise, that may be required under established by-laws for consent applications.

7. The applicant shall provide the Township of Montague with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office.

8. Payment shall be made to the Township of Montague representing the amount satisfactory to the Township in accordance with their Cash-in-Lieu of Parklands By-law pursuant to Section 42 of the Planning Act.

9. The applicant shall confirm that a residential entrance to the subject lot is viable. The applicant shall consult directly with the Township of Montague in this regard.

10. The applicant shall obtain a Civic Address Number from the Township of Montague. The applicant shall consult directly with the Township in this regard.

11. Sufficient land for Road Widening purposes shall be deeded to the Township of Montague by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required.

12. That the applicant enter into a Development Agreement or Site Plan Agreement with the Township of Montague. The wording of the agreement shall be acceptable to the Municipality and shall address the concerns of the Conservation Authority as outlined in their report of April 13, 2016 provided that in the event the Conservation Authority is not satisfied with the wording of the agreement, the Committee shall change the condition under Section 53 (23) of the Planning Act, to delete the reference to the Conservation Authority.


Page 34 of 88


13. A letter shall be received from the Rideau Valley Conservation Authority stating that condition #12 has been fulfilled to their satisfaction.

14. A letter shall be received from the Township of Montague stating that condition #5 through #12 has been fulfilled to their satisfaction.

NOTES

1. The owner is advised that Hydro One has a legally binding unregistered easement crossing the property.

2. Butternut trees are documented on site (NHIC data). Removal or harm (development within the 25 m setback constitutes harm) in the development of the property requires a permit from MNRF. The removal or harming of tree(s) will also require a planting plan (if 10 or less trees will be affected) or an overall benefit plan (more than 10 trees will be harmed). Additional information is available at: https://www.ontario.ca/page/butternut-trees-your-property or contact [email protected]

3. Source Water Protection The applicant is advised that the severed and retained parcels are entirely within the Wellhead Protection Area (Vulnerability Score less than 8) and subject to the Mississippi-Rideau Source Protection Plan under the Clean Water Act. Certain activities such as new chemical handling and storage facilities containing DNAPL substances (Dioxane - 1,4); Polycyclic aromatic hydrocarbons (PAHs); Tetrachloroethylene (PC E) (also called PERC); Trichloroethylene (TCE); Vinyl chloride) are prohibited within this area. For more information, please visit the Mississippi-Rideau Source Protection Plan at: www.mrsourcewater.ca .

4. It is recommended that the applicant review available water well records of adjacent lands to determine that there is adequate potable water for a residential dwelling.




It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into


Page 35 of 88


effect. The regulation would establish the area that is protected as habitat for the species.

The Ministry of Natural Resources and Forestry continues to encourage ecological

site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.


Page 36 of 88

Y:\Consents\Staff Reports\2016 LDC Reports\B16-046 & 047, Campbell.docx Page 1 of 15



Owner: Russell John Campbell Hearing Date: August 8, 2016

Applicant: Russell Campbell LDC File #: B16/046 and B16/047

Municipality: Township of Beckwith Lot: 25 Conc.: 6

Geographic Township: Beckwith Consent Type: new lot and lot addition

Roll Number: 0924 000 015 12100

Purpose and Effect: Revised to reflect changes through discussion with the Township to address drainage issues.

B16/046 - To sever a 3.46-ha residential building lot B16/047 – To sever a 25.40-ha parcel of lands with an existing residential dwelling as a lot addition at adjacent lands owned by Russell Campbell; and To retain a 2.41-ha residential building lot.



Lands to be Retained


Vacant Residential

Residential Lot Addition



3.46-ha 120.66 m 287.73 m Municipal

25.4-ha 873.4 m 290.57 m Municipal

2.41-ha 83.66 m 287.73 m Municipal



Private Well Septic System




Rural n/a – lot addition



Conformity: Yes




Page 37 of 88









2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 2.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas.





Page 38 of 88


Local Official Plan – Section 4 General Development Policies, Section 6.5 Rural Land, Section 7.3 Local Roads, Section 9.6 Subdivision of Land, Section 9.10 Land Division Committee. The Township of Beckwith advises that the proposal conforms to the designations and policies of the Official Plan.

Zoning By-law – Section 3 General Provisions, Section 11 Rural Zone. The Township of Beckwith advises that the proposal complies with the zoning by-law regulations, however requires that B16/046 (new lot) be re-zoned to provide for a ‘holding’ on the lands to ensure future development of the lands does not alter the existing drainage pattern.


Township Planner’s Report -

EXECUTIVE SUMMARY The property owner proposes to create one new lot through severance and to adjust the boundaries between two existing properties. The subject lands have provided two severances in the past, making this the third and final lot to be created from the lands. There is a barn and wrecking yard in proximity to the proposed new lot. The barn does not appear to be an issue. The proximity to the wrecking yard was previous discussed with the Committee. Recent MOECC correspondence resolves groundwater contamination concerns. Staff recommends that the Committee support the proposed severances subject to conditions.

COMMENTS RECEIVED The Township has received comments from adjacent landowners that the proposed severances may adversely affect drainage in the area. There is a culvert that conveys water from the west side of Crooked Side Road to the east. The culvert is located along the frontage of the ‘retained lands’. The concern is that if a dwelling were to be constructed opposite the culvert the associated fill may block drainage and cause water to back up on the adjacent agricultural fields.

Staff conducted a site visit and there is a 16” culvert. Aerial imagery suggests that the water would meander across the lands to a low and wet area in the southeast corner of west part lot 25, concession 6 near Kidd Road. The attached diagram illustrates this estimated route:


Page 39 of 88

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Page 40 of 88


3/ The applicant confirms with the Township’s Public Works Superintendent that an entrance to the property will be viable.

4/ That the applicant submits a zoning by-law amendment to the Township to establish a holding symbol on the severance created by application B16-046. The purpose of the holding symbol is to ensure future development of the affected lands do not alter the drainage pattern for the surrounding area.

Advisory Notes: That all structures are located under the guidance of the Chief Building Official in accordance with the Ontario Building Code and all municipal by-laws.

Conservation Authority – Rideau Valley Conservation Authority We have undertaken our review within the context of Sections 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement issued under Section 3 of the Planning Act, and from the perspective of the Conservation Authority regulations. The following comments are offered for the Committee's consideration.

PROPOSAL B16/046 - The proposal is to sever a new 2.41 ha lot from the existing parcel. It should be noted that this application is being heard concurrently with Consent application B16/047. B16/047 – The proposal is to sever a 26.45 ha lot from the existing parcel. The severed parcel is to be conveyed to the adjacent property to the north. It should be noted that this application is being heard concurrently with Consent application B16/046.

PROPERTY CHARACTERISTICS Severed Parcel (B16/046) The severed parcel is primarily cleared along the half fronting Crooked Side Road. The back half of the parcel is treed and within 120 metres of the Prospect Bog Provincially Significant Wetland. The severed parcel is vacant.

Severed Parcel (B16/047) The northern portion of the severed parcel is primarily treed while the southern portion of the parcel is primarily cleared. An unevaluated wetland has been identified at the northern portion of the parcel. There is a residence and steel outbuilding on the parcel with access off of Crooked Side Road.

Retained Parcel The parcel is primarily cleared along the half fronting Crooked Side Road. the back half of the parcel is treed with a small portion being within 120 metres of the Prospect Bog Provincially Significant Wetland.

REVIEW Natural Hazards Severed and Retained Parcel There have been no natural hazards identified on the severed and retained parcels which would preclude this application.

Natural Heritage - Unevaluated Wetlands

Severed Parcel (B16/046) A small portion of the severed parcel has been identified as unevaluated wetland.


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This wetland area appears to be a slight extension from the Provincially Significant Wetland boundary which is present on the adjacent property. The severed parcel is large enough that a development envelope is available on the property well away from the unevaluated wetland. Therefore, there is no anticipated impact on the wetland as a result of this application.

Severed Parcel (B16/047) Portions of the north of the retained parcel have been identified as being unevaluated wetlands. This wetland is parcel of a large wetland which also includes the lands which the severed parcel is being conveyed. The parcel is already developed with a residence and steel outbuilding and this application is for a lot line adjustment only. Therefore, there is no anticipated impact on the unevaluated wetland as a result of this application.

The Conservation Authority strongly encourages the preservation of the unevaluated wetlands. The benefits include: attenuation of flood water, serving as a groundwater recharge/discharge area and providing a more stable source of water during low water conditions; filtering our drinking water; and providing habitat to many species of flora and fauna (often including fish).

Retained Parcel A small portion of the retained parcel has been identified as unevaluated wetland. This wetland area appears to be a slight extension from the Provincially Significant Wetland boundary which is present on the adjacent property. The retained parcel is large enough that a development envelope is available on the property well away from the unevaluated wetland. Therefore, there is no anticipated impacted on the wetland as a result of this application.

Provincially Significant Wetland Severed Parcel (B16/046) A portion of the severed parcel is within the 120 metre adjacent lands of the Prospect Bog Provincially Significant Wetland. Based on the size of the proposed lot, there is a sufficient development envelope entirely outside of the 120 metre adjacent lands. Therefore, provided development is directed towards the area fronting Crooked Side Road, then there is no anticipated impact on the adjacent lands or the Provincially Significant Wetland. Should the applicant wish to explore options to build in the 120 metre adjacent lands, then an EIS in accordance with the Township's Official Plan would be required.

B16/047 A portion of the parcel is within 120 metre adjacent lands of the Prospect PSW Wetland. Based on the size of the proposed lot, there is a sufficient development enveloped entirely outside of the 120 metre adjacent lands. Therefore, provided development is directed towards the area fronting Crooked Side Road, then there is no anticipated impact on the adjacent lands or the PSW. Should the applicant wish to explore options to build in the 120 metre adjacent lands then an n EIS is accordance with the Township’s Official Plan would be required.

Retained lands There have been no Provincially Significant Wetlands or adjacent lands identified on the retained parcel.


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CONSERVATION AUTHORITY REGULATIONS For the applicant's information, the 120 metre adjacent lands of Prospect Bog is subject to Ontario Regulation 174/06. The Rideau Valley Conservation Authority administers Ontario Regulation 174/06 "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation" under Section 28 of the Conservation Authorities Act. This regulation affects the retained and severed parcels in the following manner:

Any development within 120 metres of the Prospect Bog Provincially Significant Wetland requires the prior written approval of the Rideau Valley Conservation Authority.

CONCLUSION In conclusion, the Conservation Authority has no objection to this severance application. Please keep us informed on the status of these applications.


B16/046 – Good Drainage/ Brush lot with less than 10 cm soil over bedrock. Sloping to the south east. Recommendation – The proposed lot will be large enough to accommodate on-site sewage disposal but imported leaching bed fill will be required to construct a raised septic system.

B16/047 – Large lot mostly wooded. Less than 10 cm soil over bedrock. Good drainage. Recommendation – the proposed severance is intended to be a lot addition. This addition will improve the conditions for on-site sewage disposal on the new lot.

Retained lands – Good drainage. Less than 10 cm topsoil over bedrock. Retained lot is on a ridge. Recommendation – severing this lot will not negatively impact on-site disposal on the retained lands. Imported leaching bed fill will be required to construct a conforming septic system on the retained lot.


Bell Canada R-O-W – No comments were received.

(c) PUBLIC INPUT

Written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended, as follows:

John Campbell – June 29, 2016


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The subject lands are located in an area characterized by typical rural residential development on large lots. The Prospect Bog, a PSW is located to the south east and a large wrecking yard is located approximately 100 yards to the east of the back lot line of the lot addition.

Road Access The lands are accessed via Crooked Side Road, a municipally maintained road.

Source Water Protection A portion / all of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also be vulnerable to contamination in these areas depending on the depth and type of soil.

Natural Heritage A portion of the lands (severed and retained) is within 120 metre adjacent lands of the Prospect PSW Wetland. Should the landowner wish to explore options to build within the 120 metre adjacent lands then an EIS would be required in accordance with the Township’s Official Plan. This would be determined at the Building Permit stage of development.

Adjacent Land Uses A large wrecking yard is located within 100 m of the rear lot line of both the lot addition lands and the retained lands and within approximately 200 m of the ear lot line of the new lot. An advisory note should be added to the transfer/deeds.

Soils Inventory – Name: Farmington - Stoniness: very stony - CLI: 6 – natural grazing only - Drainage: well drained - Hydrogeology: moderate

Bedrock Inventory – limestone, dolostone, shale

Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records did not indicate that there is a potential for Threatened (THR) and/or Endangered (END) species on the site or in proximity to it.




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2. Beckwith Official Plan Policies for the Division of Land are found in Section 4.5 of the OP. Generally, the consent process will be used for the purpose of creating a maximum of 3 consents, excluding the retained lot if the area of an original Township lot is 40-ha or greater; or 2 consents, excluding the retained lot, may be considered if the area of an original Township lot is from 20-ha up to but not including 40-ha. A number of ‘general policies’ also apply to the division of land, including: size (0.6-ha in Community Development Area and 0.8-ha in the Rural Lands designation) and setbacks appropriate to zoning designation, reserving, MDS separation, supporting studies as required, road access to maintained infrastructure, no development of land subject to flooding, quantity and quality of groundwater. The lot creation date for Beckwith is July 1973. Section 4.5.2 (iii) requires new lots created within the special service area to enter into an agreement with the Township acknowledging participation within the Township's water monitoring program.

3. Woodlands The area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. Woodland Development Policies has been established by the Township of Beckwith.




There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Beckwith and could be given favourable consideration.


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Russell Campbell, owner attended the hearing and gave evidence by affirmation.

Randall Marinelli, adjacent landowner attended the hearing and gave evidence under oath.

Mr. Campbell provided a brief overview of the previous severance activity on his lands, noting that two severances were obtained, one on the north portion of Lot 25 and one on the south portion of Lot 25. The intent of these current applications is to create one new lot and add a large landholding to the previously created consent on the northern portion of Lot 25.

Mr. Campbell also noted that through discussion with the neighbouring landowner (J Campbell) and the Township, he had revised the size of the lot to be retained by increasing the frontage to accommodate the existing drainage pattern on one lot rather than between B16/046 and the retained lot. This would alleviate any interference with the drainage, and through the rezoning to add a ‘Holding” symbol on the lands, would ensure that any new development would not change the drainage pattern as a site plan would be required. This revision also reduced the frontage of the B16/047.

Mr. Marinelli, owner of lands to the north of the unopened road allowance between Conc. 6 and 7 provided an overview of the history regarding fencing and survey issues along the lot line between Mr. Campbell’s other lands and the unopened road allowance. Mr. Marnelli noted that the township had installed a page wire fence along this lot line; however it was installed in the wrong location.

Mr. Marinelli requested that the Committee consider including a condition on severance application B16/047 to require that the fence along the lot line between Mr. Campbell’s other lands and the unopened road allowance be removed and reinstalled in the proper location.

Mr. Campbell noted that he had been advised by the Township that if development was proposed utilizing the unopened road allowance that the fence would be replaced along the road allowance boundary line and his other lands as a condition for development.

The chair advised Mr. Marnelli that the fencing and survey issues are beyond the scope of this committee







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B16/046 – New Lot



3. The reference plan or legal description and the deed or instrument required by condition #1 above shall relate to the “revised Sketch” dated July 5, 2016.

4. The Certificate of Consent “Schedule” attached to the deed / transfer required by Condition #1 above, shall include the following condition “The lands are within proximity of an existing wrecking yard, and that the occupants of the lot may be susceptible to noise, dust, vibration and related impacts from time to time”.



7. The lot to be severed shall be zoned to establish a ‘holding’ symbol of the lands. The purpose of the holding symbol is to ensure future development of the lands do not alter the drainage pattern for the surrounding area.

8. The applicant shall confirm that a residential entrance to the subject lot is viable. The applicant shall consult directly with the Township of Beckwith Public Works Superintendent in this regard.

9. A letter shall be received from the Township of Beckwith stating that condition #5 through #8 has been fulfilled to their satisfaction.

NOTES

1. The Rideau Valley Conservation Authority advises that, the 120 metre adjacent lands of Prospect Bog is subject to Ontario Regulation 174/06. The Rideau Valley Conservation Authority administers Ontario Regulation 174/06 "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation" under Section 28 of the Conservation Authorities Act. This regulation affects the retained and severed parcels in the following manner: - Any development within 120 metres of the Prospect Bog Provincially

Significant Wetland requires the prior written approval of the Rideau Valley Conservation Authority.

2. The Leeds Grenville and Lanark Health Unit advises that imported leaching bed fill will be required to construct a raised septic system on the severed and retained lot.



Page 48 of 88



5. Source Water Protection The applicant is advised that the severed and retained parcels are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. For more information, please visit the Mississippi-Rideau Source Protection Plan at: www.mrsourcewater.ca .






B16/047 – Lot Addition




Page 49 of 88


3. The reference plan or legal description and the deed or instrument required by condition #1 above shall relate to the “revised Sketch” dated July 5, 2016.

4. The Certificate of Consent “Schedule” attached to the deed / transfer required by Condition #1 above, shall include the following condition “The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned by Russell John Campbell described as SW ½ Pt. Lot 25 Conc. 6 Beckwith, being Part 1 on Reference Plan 27R-5458, and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction”.

5. The Certificate of Consent “Schedule” attached to the deed / transfer required by Condition #1 above, shall include the following condition “The lands are within proximity of an existing wrecking yard, and that the occupants of the lot may be susceptible to noise, dust, vibration and related impacts from time to time”.



8. A letter shall be received from the Township of Beckwith stating that condition #6 and #7 has been fulfilled to their satisfaction.

NOTES

1. The Rideau Valley Conservation Authority advises that, the 120 metre adjacent lands of Prospect Bog is subject to Ontario Regulation 174/06. The Rideau Valley Conservation Authority administers Ontario Regulation 174/06 "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation" under Section 28 of the Conservation Authorities Act. This regulation affects the retained and severed parcels in the following manner: - Any development within 120 metres of the Prospect Bog Provincially

Significant Wetland requires the prior written approval of the Rideau Valley Conservation Authority.

2. The Leeds Grenville and Lanark Health Unit advises that imported leaching bed fill will be required to construct a raised septic system on the retained lot.


4. Source Water Protection The applicant is advised that the severed and retained parcels are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. For more


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information, please visit the Mississippi-Rideau Source Protection Plan at: www.mrsourcewater.ca .







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Y:\Consents\Staff Reports\2016 LDC Reports\B16-049 & 050, Lenoff.docx Page 1 of 12



Owner: Arthur Leonoff & Lynda Hadden-Leonoff

Hearing Date: August 8, 2016

Application: Arthur Leonoff LDC File #: B16/049 & B16/050

Municipality: Township of Drummond / North Elmsley

Lot: 3 & 4 Conc.: 6

Geographic Township: Drummond Consent Type: new lot & lot addition

Roll Number: 0919 919 030 00800 Purpose and Effect: B16/049 – to sever a 14.5-ha landholding; B16/050 – to sever a 21.85-ha landholding as a lot addition to lands owned by Eber and Aileen Conboy at Lot 3 Conc. 6 Drummond; and to retain a 4.0-ha lot with an existing dwelling and hobby farm located at 1330 Barrie Side Road. DETAILS OF PROPOSAL Lands to be

Severed B16/049


Lands to be Retained


Vacant Residential

Vacant Lot addition

Residential/hobby farm Same







n/a n/a




Rural & Wetlands 10.0-ha Yes n/a lot addition


Official Plan Designation: Rural and Provincially Significant Wetlands

Conformity: Yes


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2.2 Water Section 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections (a) through (h).

Section 2.2.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or


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restored.




Local Official Plan - Section 3 General Provisions, Section 3.10 Hazard Lands, Section 3.13 Natural Heritage Section 4.3 Rural, Section 4.4 Agricultural, Section 4.6 Wetland, Section 5.3 Local Roads, Section 6.3 Division of Land. The Township of Drummond / North Elmsley advises that the proposals conform to the designations and policies of the Official Plan.

Zoning By-law – Section 4 General Provisions, Section 7 Rural Zone, Section 24 Wetland Zone. The Township of Drummond / North Elmsley advises that the proposals comply with the zoning by-law regulations.


Township Planner’s Report - Application Thank you for circulating the Township of Drummond/North Elmsley on this proposal. Township staff have reviewed the applications with respect to their conformity with the Township's Official Plan and Zoning By-law.

As indicated, Arthur and Lynda Leonoff own a 40.35 ha (100 acre) landholding at the corner of Barrie's Sideroad and Drummond Concession 7. The Leonoffs propose to sever a 21 .85 ha (54 acre) rear portion with no frontage as a lot addition to a neighbouring farm property owned by Aileen and Eber Conboy (file B16/050); sever a 14.5 ha (36 acre) new lot with frontage on Concession 7 (B15/049) and retain a 4 ha (10 acre) lot which will contain the existing house and barn. The retained lands will be accessed from Barrie's Side road (Civic #1330) and the two severed parcels are vacant (with the new lot being farmed and the lot addition being woodland and wetland). These applications have been submitted concurrently.

Policy Review All new lot creation must comply with the Township's and County's Official Plan and be consistent with the 2014 Provincial Policy Statement.

The northern portion of the property, closest to the roads, is designated Rural according to the Township's Official Plan. This Section (4.3) is supportive of "limited" residential development provided that it is appropriate and compatible in


Page 54 of 88


its rural setting. While it is understood from the application and from previous consultation with the applicants that the intended use of the severed lands will remain agricultural, it must be considered that the severance of fields from the remaining dwelling could allow the potential for a new residence on the severed lot at some point in the future. While these lands are not designated agricultural, this section of Drummond Concession 7 is located within a predominantly agricultural area and as such the protection of farm land should be considered in evaluating severance applications. While this application has the effect of fragmenting an intact 100 acre agricultural landholding into three new parcels, it is noted that the lands to be conveyed to the Conboys (B16/050) are mostly wetland and woodland (the proposed lot boundary being the rear of the southernmost tillable field) and as such would not be farmed anyway. The remaining 10 acres retains the potential to function as a hobby farm and would be bordered by existing fence lines and it is the new lot (B16/049) that consists of intact farmland. As such the proposal would not detract from the agricultural functionality of the area as currently utilized, and a very limited amount of tillable land would be removed from circulation as part of this application. This proposal should not have a negative impact on the functionality of the abutting agricultural land uses, although it is noted that the severance of the barns could constrain possible future agricultural use on the severed lands. In order to preserve the agricultural land use on the severed lands (in consideration of Section 4.3.2), the Committee may wish to implement a condition that stipulates that the severed lands be zoned to limit land uses to agricultural, similar to the other nearby agriculturally zoned lands. This option however is not required under existing policy for the property. A minimum distance separation calculation was provided that showed an adequate separation distance between the proposed lot and a nearby livestock facility.

No natural heritage or natural hazard features have been identified on the severed or the retained lands which would preclude this application. The lands to be used for the lot addition (B16/050) are partially within a Provincially Significant Wetland and Area of Natural and Scientific Interest, with significant woodlands identified. These features are contiguous with the neighbouring Conboy property and the lot addition would not enable development on that parcel and would actually serve to de-fragment the ownership of the natural heritage features which is generally considered desirable.

From a servicing standpoint, the severed and retained lands are accessed by Drummond Concession 7, which is a Township owned and maintained road . It is not felt that the potential allowance of one future residence would have a negative impact on the function of the infrastructure.

From a zoning perspective, the severed and retained lands are zoned Rural and the lot size and frontage complies with the provisions of the zone.

Conclusion and Recommendation Upon review of this application, staff are of the view that this application is consistent with the Township's Official Plan and recommend that the Land Division Committee consider approving the lot.


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Township of Drummond / North Elmsley - recommends approval of this application subject to the following conditions: 1) The balance of any outstanding taxes and fees owing shall be paid to the

Township. 2) The parcel identified by application # B 16/050 shall be merged with the

abutting property identified in the application. 3) The Applicant shall provide the Township with a registered copy (in digital

and paper format) of all reference plans associated with this application if a survey is required by the Registry Office.

4) The applicant shall confirm that a residential entrance is viable for the severed lot. The applicant shall consult directly with the Township in this regard.

5) Sufficient land for road widening purposes shall be conveyed to the Township of Drummond/North Elmsley by registered deed, to meet the road widening requirements of the Township. Deeds are to be submitted to the Municipality for review accompanied by a solicitor's certificate indicating that the Municipality's title is free and clear of all encumbrances and the Municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required.

Conservation Authority – Rideau Valley Conservation Authority

(The comments from RVCA are not available at this time – however given that there is a PSW on the lands, it is assumed that the standard conditions will apply.)


B16/049 – Good drainage due to slope of fields currently used for crops. Silty loam soil. Recommendation – the proposed severance will be large enough for on-site sewage disposal. Imported leaching bed will would be required to construct a conforming septic system.

B16/050 – no review required – lot to be used for farming purposes only.

Retained lands – Good drainage with silty loam soil. Farm property with existing home and barn serviced by existing drilled well and septic system. Recommendation – Severing this land will not negatively impact on-site sewage disposal on the retained lot. No signs of failure for the existing septic system.


Bell Canada R-O-W Subsequent to review b our local Engineering Department, it has been determined

that Bell Canada has no concerns or objections with the application.

(c) PUBLIC INPUT



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(d) PLANNING REVIEW


The applicant proposes to sever a 14.5-ha landholding for residential purposes, a 21.85-ha landholding as a lot addition to lands owned by Eber and Aileen Conboy at Pt. Lot 3 Conc. 6 Drummond and to retain a 4.0-ha lot with an existing dwelling and hobby farm located at 1330 Barrie Side Road.

The subject lands are located in an area characterized by typical rural landscape on large lots along Barrie Side Road and Drummond Con 7. The lands to the east and North West are designated as agriculture and the lands to the south, including the southern portion of the landholding are designated as PSW.

Road Access The lands to be created by B16/049 are accessed via Drummond Con 7, the retained lands are accessed via Barrie Side Road, bot municipally maintained roads. B16/050 does not have municipal road frontage, however it is intended to be merged with the abutting lands which are accessed via Drummond Con 7.

Source Water Protection A portion / all of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also be vulnerable to contamination in these areas depending on the depth and type of soil.

Natural Heritage The southern portion of the lands is within an area locally known as the Blueberry Marsh a Provincially Significant Wetland. No development is permitted within the PSW. In addition some of the same lands have been identified as being a ‘candidate ANSI’, known as the Perth Blueberry Bog. This area contains pockets of ‘peat’. Prior to any development on or adjacent to these lands would require an EIS, however no development is proposed as the lands are intended to be used for agricultural purposes (cropland).

Soils Inventory – Name: Mixture of North Gower and Tennyson - Stoniness: slightly stony - CLI: 2 – moderate limitations - Drainage: poorly drained - Hydrogeology: high run-off

Bedrock Inventory – conglomerate, sandstone, shale

Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR) and/or Endangered (END) species on the site or in proximity to it: Bobolink (THR) Eastern Meadowlark (THR)


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2. Drummond / North Elmsley Official Plan Polices for the Division of Land are found in Section 6.3 of the OP. Generally the consent process will be used for the purpose of creating a limited number of lots. Where more than three (3) lots are proposed, development shall occur by plan of subdivision. A number of “general policies’ also apply to the division of land, including: hamlets are primary focus for development, no undue extension of major service required, supporting studies as required, must have existing public road frontage, size and setbacks appropriate to zoning designation, MDS separation, no development on lands subject to hazards, flooding etc. . The lot creation date for Drummond / North Elmsley is January 1, 1979.

3 Woodlands The southern portion of the lot (or B16/050) has been mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. Woodland Development Policies have been established by the Township of Drummond / North Elmsley.

Zoning The northern portion of the subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings with the southern portion being zoned as wetlands and adjacent PSW lands – no development is proposed within this area. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law.


No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of


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the Provincial Policy Statement.

There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Drummond / North Elmsley and could be given favourable consideration.


Linda Hadden, owner, Robert Campbell, adjacent landowner and Michael Nanne, adjacent landowner attended the hearing and gave evidence under oath.






B16/049 – New Lot



3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Drummond / North Elmsley.

4. The applicants shall satisfy all the requirements of the Township of Drummond / North Elmsley, financial and otherwise, that may be required under established by-laws for consent applications.

5. The applicant shall provide the Township of Drummond / North Elmsley with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office.

6. The applicant shall confirm that a residential entrance to the subject lot is viable. The applicant shall consult directly with the Township of Drummond / North Elmsley in this regard.

7. The applicant shall obtain a Civic Address Number from the Township of Drummond / North Elmsley. The applicant shall consult directly with the Township in this regard.


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8. Sufficient land for Road Widening purposes shall be deeded to the Township of Drummond / North Elmsley by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required.

9. A letter shall be received from the Township of Drummond / North Elmsley stating that condition #3 through #8 has been fulfilled to their satisfaction.

NOTES

1. The Leeds Grenville and Lanark District Health Unit advises that imported leaching bed will be required to construct a conforming septic system.


3. The RVCA advise that future development within the 120 metre adjacent lands to the Blueberry Marsh PSW will require an Environmental Impact Statement and related regulatory approval from the RVCA.

4. Also, the RVCA advise that generally a 30 metre minimum setback for disturbance pertaining to wetlands not designated as provincially significant is required.

5. The RVCA note that written permission from the Rideau Valley Conservation Authority is also required for alteration to the watercourse / waterbodies, per Ontario Regulation 174-06 ("Development, Interference with Wetlands and Alteration to Waterways" Regulation).






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B16/050 – Lot Addition



3. The Certificate of Consent “Schedule” attached to the deed / transfer required by Condition #1 above, shall include the following condition “The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned by Eber Warren Conboy and Agnes Wilma Aileen Conboy, described as East Part Lot 3 Concession 6 geographic Township of Drummond, now in the Township of Drummond / North Elmsley and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction”.

4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Drummond / North Elmsley.

5. The applicants shall satisfy all the requirements of the Township of Drummond / North Elmsley, financial and otherwise, that may be required under established by-laws for consent applications.

6. The applicant shall provide the Township of Drummond / North Elmsley with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office.


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7. A letter shall be received from the Township of Drummond / North Elmsley stating that condition #4 through #6 has been fulfilled to their satisfaction.

NOTES


2. The Rideau Valley Conservation Authority advises that a portion of the lot addition lands are situated within the provincially significant Blueberry Marsh and/or its adjacent lands, per provincial policy, no development or site alteration is permitted in the provincially significant wetland area.

3. The RVCA also advise that future development within the 120 metre adjacent lands to the PSW will require an Environmental Impact Statement and related regulatory approval from the RVCA.

4. Also, the RVCA advise that generally a 30 metre minimum setback for disturbance pertaining to wetlands not designated as provincially significant is required.

5. The RVCA note that written permission from the Rideau Valley Conservation Authority is also required for alteration to the watercourse / waterbodies, per Ontario Regulation 174-06 ("Development, Interference with Wetlands and Alteration to Waterways" Regulation).




The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of


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the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.


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Y:\Consents\Staff Reports\2016 LDC Reports\B16-078, Smith.docx Page 1 of 8



Owner: Heather Ann Smith & Denise Coady

Hearing Date: Aug. 8, 2016

Applicant/Agent: Heather Ann Smith LDC File #: B16/078

Municipality: Mississippi Mills Lot: Pts. 2 & 3 Cameron Section Plan 6262

Geographic Area: Town of Almonte Consent Type: Lot addition

Roll Number: 0931 010 015 12300

Purpose and Effect:

To sever a 41.44 sq.m. parcel of land as a lot addition to the adjacent lands owned by Heather Ann Smith at 23 Malcolm Street and retain a 601.33 sq.m. residential lot with an existing semi-detached dwelling unit at 15/17 Malcolm Street. The purpose of the lot addition is for a driveway.

DETAILS OF PROPOSAL Lands to be Severed Lands Retained Existing Use Proposed Use

Driveway Driveway

Semi-detached Residential Semi-detached Residential


41.44 sq.m. 2.96 m 14 m Municipal

601.33 sq.m. 20 m 27.35 m Municipal


n/a n/a

Piped Water Sanitary Sewers


Residential 1st Density n/a – lot addition

Residential 1st Density 444 sq.m. – within R1 zone 157 sq.m. – within EH Zone No 18 m Yes

Official Plan Designation: Residential and Flood Plain

Conformity: Yes


Provincial Policy Statement – The following provides a summary of the Provincial Interests that were identified in reviewing the application:


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1.1 Managing and Directing Land Use to Achieve efficient and Resilient Development and Land Use Patterns

Section 1.1.1.b) Accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), recreational (including places of worship, cemeteries and long-term care homes), recreation, park and open space and other uses to meet long-term needs.

Section 1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted.

Section 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs.

1.6 Infrastructure and Public Service Facilities

Section 1.6.3 Before consideration is given to development new infrastructure and public a) the use of existing infrastructure and public service facilities should be optimized; and b) opportunities for adoptive re-use should be considered, wherever feasible.

Section 1.6.6.2 Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible.

2.1 Natural Heritage

Section 2.1.1 Natural features and areas shall be protected for the long term.



3.1 Natural Hazards

Section 3.1.1 Development shall generally be directed to areas outside of: b) hazardous lands adjacent to river, stream and small inland lake systems which


County Official Plan – Section 2.0 Settlement Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi-Rideau Source Protection Plan, Section 8.2.2 Consents.


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The proposal conforms to the designations and policies of the Official Plan for the County of Lanark.

Local Official Plan – Section 2 Basis of Plan, Section 3.1.2 Environmental and Natural Heritage Features, Section 3.1.3 Environmental Hazards and Constraints, Section 3.6 Residential, Section 4 General Policies, Section 4.2.2 Urban Design, Section 4.6.4 Local Municipal Roads, Section 4.8.3 Sewage Disposal and Water Supply, Section 5.3.11 Consent to Sever Land. The Municipality of Mississippi Mills advises that the proposal conforms to the designations and policies of the Community Official Plan.

Zoning By-law – Section 6 General Provisions, Section 9 Parking, Section 13 Residential First Density, Section 37 Environmental Hazard Zone. The Municipality of Mississippi Mills advises that the proposal complies with the lot and siting specifications of the R1 Zone, with the exception that both properties would not meet the minimum lot area requirement due to the properties being split zoned between the R1/R1-22 and EH Zones.


Municipal Planner’s Report -

PURPOSE & EFFECT OF APPLICATION The Applicant has submitted a Consent application to the County of Lanark requesting to sever a ±41.44m2 (446ft2) parcel of land as a lot addition to 23 Malcolm Street and retain a ±601.33m2 (0.15ac) land holding at 15-17 Malcolm Street. The benefitting lot would have a new lot area of ±633.85m2 (0.16ac) and a lot frontage of ±23.2m (76.12ft) along Malcolm Street, while the lot to be severed/retained would maintain ±20m (65.62ft) of frontage along Malcolm Street. The purpose of the application is to adjust the interior lot line between the properties in order to increase the area for parking and snow storage for 23 Malcolm Street, as well as provide a greater width of access to the rear yard between the dwelling and the lot line. Sketches of the proposed lots are contained within the Appendix to this report.

DESCRIPTION OF PROPERTY & SURROUNDING LAND USES The subject lands are located on the east side of Malcolm Street, north of Almonte Street and in the Ward of Almonte. 15-17 Malcolm Street is ±642.77m2 (0.16ac) in size with a frontage of ±22.96m (75.34ft) along Malcolm Street, while 23 Malcolm Street is ±592.41m2 (0.15ac) with a frontage of ±20.24m (66.40ft) along Malcolm Street. 15-17 Malcom Street is occupied by a semi-detached dwelling and a shed, while 23 Malcolm Street is occupied by a detached dwelling. The lands are generally surrounding by residential properties to the north and west, the Mississippi River and Metcalfe Geoheritage Park to the east and Gemmill Park to the south. The location of the subject lands within the Municipality is depicted in the following Aerial Photo:


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Figure 1. – Aerial Photo (2014)

SERVICING & INFRASTRUCTURE The subject lands are serviced by municipal water and sewer services and have driveway access from Malcolm Street, a municipally owned and maintained public road. The municipal servicing and infrastructure demands will not change as a result of the application.

EVALUATION OF THE APPLICATION

PLANNING ACT, R.S.O 1990 Section 51(24) of the Act sets out the following criteria to consider when reviewing an application to subdivide land. Staff is of the opinion that the subject Consent proposal respects the above noted criteria.

COMMUNITY OFFICIAL PLAN The subject lands are designated “Residential” and “Flood Plain” in the Municipality’s COP. This designation permits low and medium density residential uses as well as associated accessory uses. The Flood Plain designation does not permit any residential development. The Municipality’s COP does not address lot line adjustments between residential properties. Therefore, the proposed Consent application conforms to the policies of the COP.

ZONING BY-LAW #11-83 15-17 Malcolm Street is zoned “Residential First Density (R1)” and “Environmental Hazard (EH)” and 23 Malcolm Street is zoned “Residential First Density Exception 22 (R1-22)” and “Environmental Hazard”. The R1 Zone permits a detached


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dwelling and accessory uses. The 22nd exception to the R1 Zone (R1-22) is related to setbacks from the high water mark of the Mississippi River. As 15-17 Malcolm Street contains an existing semi-detached dwelling constructed circa 1900, its use would be considered legal non-conforming.

Due to the lands being split between the R1/R1-22 and EH Zones, the zoning provisions for each zone apply to each part as if said part was a separate lot. Rough measurements received from the Mississippi Valley Conservation Authority indicate that 15-17 Malcolm Street currently has approximately 486m2 (0.12ac) of lot area located within the R1 Zone outside of the flood plain, while 23 Malcolm Street currently has approximately 387m2 (0.10ac) of lot area within the R1-22 Zone outside of the flood plain. The following table outlines the minimum lot and siting standards of the R1 Zone for properties serviced by municipal water and sewer against the proposed specifications of the lots:

Table 1: R1 Zone Development Standards vs. Proposed Lot Specifications

ZONING BY-LAW #11-83

PROVISION BY-LAW

REQUIREMENT

15-17 MALCOLM

STREET 23 MALCOLM

STREET

Minimum Lot Area (m²) 450 ±444.56 ±428.44

Minimum Lot Frontage (m) 18 20 23.2

Minimum Front Yard (m) 6 unchanged unchanged

Minimum Side Yard (m) 1.2 (a), (b) 6.66/unchanged 4.07/unchanged

Minimum Exterior Side Yard (m)

4.5 N/A N/A

Minimum Rear Yard (m) 7.5 unchanged unchanged

Maximum Lot Coverage (%) 40 (e) ±26 ±28

Footnotes: a) The minimum interior side yard width shall be 1.2 metres, except where a

garage or carport is located in the rear yard and accessed by a driveway, the minimum shall be 4.5 metres.

d) On lots abutting a non-residential use the minimum interior side yard requirement is 3.5 metres.

e) If the dwelling type is a bungalow, maximum lot coverage is 45%.

As noted above, the proposal complies with the lot and siting specifications of the R1 Zone, with the exception that both properties would not meet the minimum lot area requirement due to the properties being split zoned between the R1/R1-22 and EH Zones. As 23 Malcolm Street’s lot area would increase as a result of the application and move towards compliance with the minimum lot area requirement, relief is not required for this property. The lot area for 15-17 Malcolm Street would however be reduced as a result of the application and no longer be in compliance with the minimum lot area requirement for the R1 Zone. The proposed lot area would be deficient by ±5.44m2 (58.56ft2). As such, as a condition of Consent approval the Applicant shall do one the following:


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• obtain relief respecting the minimum lot area requirement by way of a Zoning By-law Amendment or a Minor Variance;

• amend the severance sketch to reduce the lot area of the lands to be severed by 5.44m2 (58.56ft2); or,

• provide confirmation from the Mississippi Valley Conservation Authority that the lands to be retained will meet the minimum lot area requirement.

CONCLUSION As the proposal involves a minor lot addition for the purposes of providing rear yard access and expanding the parking and snow storage areas for 23 Malcolm Street, Staff views the proposal to be a desirable and logical form of development. Furthermore, the proposal conforms to the policies of the Community Official Plan and generally satisfies the development standards of Zoning By-law #11-83. With this in mind, Staff provides the following recommendation:

Municipality of Mississippi Mills - recommends approval of this application subject to the following conditions: 1. That the Owners pay any outstanding property taxes on the subject properties; 2. That the Applicant provides two (2) copies of the registered reference plan to

the Municipality; 3. That the Applicant provides digital copies of the registered reference plan in

.DWG and .PDF file formats to the Municipality; and, 4. That the Applicant either obtains relief respecting the minimum lot area

requirement by way of a Zoning By-law Amendment or a Minor Variance; amends the severance sketch to reduce the lot area of the lands to be severed by 5.44m2 (58.56ft2); or, provides confirmation from the Mississippi Valley Conservation Authority that the lands to be retained will meet the minimum lot area requirement.

(c) PUBLIC INPUT


(d) PLANNING REVIEW


The applicant proposes to sever a 41.44 sq.m. parcel of land as a lot addition to lands owned by Heather Ann Smith at 23 Malcolm Street for parking purposes, access to backyard and snow storage and to retain a 601.33 sq.m. residential lot with an existing semi-detached dwelling at 15-17 Malcolm Street.

The subject lands are located in an area characterized by typical urban residential.

Road Access The lands are accessed via Malcolm Street, a municipally maintained road.


1. Lanark County Sustainable Communities Official Plan - Section 8.2.2 Consents. Lanark County, through an appointed Land Division Committee is the approval authority for the issuance of consents. Lot creation by consent shall be


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permitted where lot creation by plan of subdivision is deemed to be unnecessary. Consideration of location and development criteria by the approval authority shall be based on local Official Plans. In considering a consent, regard shall also be had to, among other matters, the criteria of Section 51 (24) of the Planning Act, R.S.O. 1990 with necessary modifications.

2. Mississippi Mills Official Plan Policies for the Division of Land are found in Section 5.3.11, with additional specific policies in Section 3.2.7 (Agricultural areas) Section 3.3.6 (Rural areas) and 3.6.7 (Residential areas). Generally the consent process will be used for the purpose of creating two (2) new lots. A number of ‘general policies’ also apply to the division of lands, including: size and setbacks appropriate to zoning designation, supporting studies as required, MDS separation, no development of lands unsuitable for development due to environmental concerns, suitable road access. The lot creation date for Mississippi Mills is July 1, 1973 within the rural designation.

3. Woodlands The area has not been mapped as ‘woodlands’.

Zoning The subject property is currently within the residential first density section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The retained lands also are within the Environmental Hazard section of the Zoning By-law. The Municipality advises that the portion of retained lands that are within the Residential 1st Density zone does not meet the minimum lot area requirements and therefore requires either a re-zoning or minor variance or alternatively to reduce the area to be severed by 5.44 sq.m. to comply.

Conclusion The Provincial Policy Statements encourages development to occur in designated settlement areas. No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Town Development Permit By-law. The application can meet the consistent with test of the Provincial Policy Statement.

There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Community Official Plan for the Municipality of Mississippi Mills and could be given favourable consideration.


Heather Smith, owner attended the hearing and gave evidence under oath.

Ms. Smith advised that the municipality had not made her aware of a possible re-zoning to comply with their zoning regulations. And that this step would cause additional delays in her intention to sell the property.

The committee noted that the municipality had suggested that perhaps the lot addition could be reduced in size in order to comply with the zoning by-law minimum requirements. Ms. Smith agreed to this change.

Committee reviewed the staff report and draft conditions and revised them to


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accommodate a reduction in lot are for the lands to be severed.





B16/078



3. The reference plan or legal description and the deed or instrument required by condition #1 above shall relate to the “revised Sketch” dated August 8, 2016 which reduces the lot area to approximately 36 sq.m. in order to comply with the Municipality of Mississippi Mills Zoning By-law regulations.

4. The Certificate of Consent “Schedule” attached to the deed / transfer required by Condition #1 above, shall include the following condition “The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned by Heather Ann Smith described as Pt. Lot 3 and Pt. Lot 4 Cameron Section Plan 6262, Town of Almonte, now in the Municipality of Mississippi Mills and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction”.

5. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Municipality of Mississippi Mills.

6. The applicant shall provide the Municipality of Mississippi Mills with two (2) copies of all reference plans associated with this application if a survey is required by the Land Titles Office.

7. The applicant to provide a digital copy of the registered reference plan in a .DWG and .PDF file format to the Municipality of Mississippi Mills.

8. A letter shall be received from the Municipality of Mississippi Mills stating that condition #4 through #7 has been fulfilled to their satisfaction.


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Y:\Consents\Staff Reports\2016 LDC Reports\B16-079, Donaldson-Ward.docx Page 1 of 8



Owner: Courtney Donaldson & Brian Ward Hearing Date: August 8, 2016

Applicant/Agent: David Heeley (Barker Willson)

LDC File #: B16/079

Municipality: Town of Perth Lot: 3 Plan.: 8828

Geographic Township: Consent Type: new lot

Roll Number: 0921 010 025 02300

Purpose and Effect: To sever a 0.04-ha residential lot and retain a 0.045-ha residential lot with an existing dwelling located at 57 South Street.


Vacant Residential



0.04-ha 22.56 m 20.42 m Municipal

0.045-ha 21.34 m 21.34 m Municipal


Proposed Proposed

Piped Water Sanitary Sewers


Residential Type 2 0.04-ha Yes 14 m Yes

Residential Type 2 0.04-ha Yes 14 m Yes

Official Plan Designation: Residential

Conformity: Yes





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1.6 Infrastructure and Public Service Facilities Section 1.6.3 Before consideration is given to development new infrastructure and public a) the use of existing infrastructure and public service facilities should be optimized; and b) opportunities for adoptive re-use should be considered, wherever feasible.

Section 1.6.6.2 Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible.

County Official Plan – Section 2.0 Settlement Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi-Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark.

Local Official Plan – Section 3.0 Basis of Plan, Section 5.2 Sewage and Water, Section 5.5.4 Local Roads, Section 7.0 Public Health and Safety, Section 8.1.1 Development Concept, Section 8.1.3 Residential Area Designation, Section 9.12.15.2 Consents. The Town of Perth advises that the proposal conforms to the designations and policies of the Official Plan.

Zoning By-law – section 4 General Provisions, Section 7.0 Residential Second Density. The Town of Perth advises that the proposal complies with the zoning by-law regulations.


Town Planner’s Report - On behalf of the Town of Perth and pursuant to By-law No. 3344, (delegating authority to the Town's Planner), please be advised that, subject to the requested conditions being applied, the Town has no objection to a provisional consent being


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granted to the above noted application to sever a 0.04 ha residential lot and retain a 0.045 ha residential lot with an existing dwelling at 57 South Street in Town of Perth.

As indicated in the attached comments, servicing connections to the retained parcel need to be more clearly determined and may require an easement. The Town is satisfied that servicing can be provided to both parcels The applicant has paid the mail list fee and the consent review fee of $350 required by the Town. .

I request that you provide the Town of Perth with a copy of the Committee's decision by forwarding same to the undersigned at the Town of Perth Planning Department.

The proposed consent subdivides an over-sized residential parcel, and restores the preceding lot pattern and results in two lots with frontage on an existing street, with existing municipal services. This represents a more efficient land use and complies with the intent of the Official Plan. The proposal is also consistent with the applicable R2 zoning provisions.

Town of Perth - recommends approval of this application subject to the following conditions:

1. The applicant shall confirm the location of the water and sanitary sewer connections to the Retained lot to the satisfaction of the Town of Perth. If the connections extend through the severed lot then the consent shall be subject to an easement in favour of the retained parcel over the severed parcel and depicted on the final survey and reference plan. The easement shall be of sufficient width to permit repairs to the services; i.e. a minimum of 4.5 m and to the satisfaction of the Town. If the connections are located in a manner that would require their relocation for development to proceed on the severed lot then there will be an agreement with the Municipality as per condition 4 below to ensure that the relocation is completed to the satisfaction of the Town and all costs are born by the property owner.

2. Two hard copies of the final reference plan and a digital copy of the reference plan shall be submitted to the Town of Perth prior to the final clearance letter being released. Alternatively, the applicant's solicitor shall undertake in writing to provide the Town of Perth with this information.

3. The Town confirm that any and all outstanding fees and taxes have been paid prior to the consent being completed.

4. The applicant / owner of the new lot shall install connections to the municipal water supply, sanitary sewer and storm water systems and a new entrance to South Street and is responsible for all costs associated with such connections. All work plans and scheduling shall be submitted and approved in advance by the Town's Director of Environmental Services and completed to standards acceptable to the Town. Alternatively, the applicant shall complete a development agreement with the Town of Perth to be registered on title of the severed/vacant lot to address the following:

i) The owner will be responsible for the installation of connections to the municipal water supply and sanitary sewer systems and all costs associated with such connections. All work plans and scheduling shall be submitted


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and approved in advance by the Town's Director of Environmental Services and completed to standards acceptable to the Town.

ii) The owner shall provide a grading and drainage plan to the Chef Building Official for the Town of Perth prior to construction on the lot and demonstrate to the satisfaction of said Building Official that development has been completed in accordance with the plan prior to the final release of any securities required under the agreement.

iii) The owner will acknowledge responsibility to construct and coordinate the creation of an entrance to the severed lot on to South Street through the Town's Director of Environmental Services and to pay for any modifications or repairs to existing street infrastructure and the boulevard, necessary for the entrance to be created.

Iv) The submission of a security deposit will be required prior to work commencing and the value of the deposit will be based on the value of the required works at the time of construction.

Advisory Notes: There are no municipal water services or sanitary sewer services known to exist within the portion of the South Street road allowance abutting the lands subject to this application. The severed lot has no existing water or sanitary sewer service connections and such connections will be required prior to development of the lot and are possible from Gore Street. The cost of installing connections is the responsibility of the land owner. If new connections 10 the retained lot are needed it is likely that the least expensive solution would be to extend services on South Street and the provide connections to the lot. Connection to services on Gore Street also appears to be possible but is likely to be more expensive.



(c) PUBLIC INPUT


(d) PLANNING REVIEW Background and Summary

The applicant proposes to sever a 417.04 sq.m. residential building lot and retain a 455.2 sq.m. residential lot with an existing dwelling located at 57 South Street. The subject lands are located in an area characterized by typical urban residential. The effect of the lot creation is ‘infill’, a process recommended by the PPS.

Road Access The lands are accessed via South Street, a municipally maintained road.

Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to


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understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR) and/or Endangered (END) species on the site or in proximity to it: Gray Ratsnake THR



2. Perth Official Plan Polices for the Division of Land are found in Section 9.12.15. of the OP. The division of land by the consent process is intended for the creation of not more than three (3) new lots. A number of ‘general policies’ also apply to the division of lands, including: size and setbacks meet the requirements of the zoning by-law, studies as required, frontage on public road. There is no lot creation date for the Town.

3. Woodlands The Town of Perth utilizes a ‘Tree Conservation Plan’ for protection of woodlands within town limits.

Zoning The subject property is currently within the residential second density section of the Zoning By-law, which permits a limited number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law.

Conclusion The Provincial Policy Statements encourages development to occur in designated settlement areas. No new or additional infrastructure is required as a result of the proposal. The severed and retained lands meet the minimum requirements of Zoning By-law. The application can meet the consistent with test of the Provincial Policy Statement.

There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Town of Perth and could be given favourable consideration.


Paul Donaldson attended the hearing and gave evidence under oath.

David Heeley, agent attended the hearing and gave evidence by virtue of his


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professional accreditation (Lawyer).








3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Town of Perth.

4. The applicants shall satisfy all the requirements of the Town of Perth, financial and otherwise, that may be required under established by-laws for consent applications.

5. The applicant shall provide the Town of Perth with two copies of all reference plans associated with this application if a survey is required by the Land Titles Office.

6. The applicant to provide a digital copy of the registered reference plan to the Town of Perth.

7. The applicant shall confirm that a residential entrance to the subject lot is viable. The applicant shall consult directly with the Town of Perth in this regard.

8. The applicant shall obtain a Civic Address Number from the Town of Perth. The applicant shall consult directly with the Town in this regard.

9. The applicant shall confirm the location of the water and sanitary sewer connections to the Retained lot to the satisfaction of the Town of Perth. If the connections extend through the severed lot then the consent shall be subject to an easement in favour of the retained parcel over the severed parcel and depicted on the final survey and reference plan. The easement shall be of sufficient width to permit repairs to the services; i.e. a minimum of 4.5 m and to the satisfaction of the Town. If the connections are located in a manner that would require their relocation for development to proceed on the severed lot then there will be an agreement with the Municipality as per condition 4 below to ensure that the relocation is completed to the satisfaction of the Town and all costs are born by the property owner.


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10. The applicant / owner of the new lot shall install connections to the municipal water supply, sanitary sewer and storm water systems and a new entrance to South Street and is responsible for all costs associated with such connections. All work plans and scheduling shall be submitted and approved in advance by the Town's Director of Environmental Services and completed to standards acceptable to the Town of Perth. Alternatively, the applicant shall complete a development agreement with the Town of Perth to be registered on title of the severed/vacant lot to address the following:

i) The owner will be responsible for the installation of connections to the municipal water supply and sanitary sewer systems and all costs associated with such connections. All work plans and scheduling shall be submitted and approved in advance by the Town's Director of Environmental Services and completed to standards acceptable to the Town.

ii) The owner shall provide a grading and drainage plan to the Chef Building Official for the Town of Perth prior to construction on the lot and demonstrate to the satisfaction of said Building Official that development has been completed in accordance with the plan prior to the final release of any securities required under the agreement.

iii) The owner will acknowledge responsibility to construct and coordinate the creation of an entrance to the severed lot on to South Street through the Town's Director of Environmental Services and to pay for any modifications or repairs to existing street infrastructure and the boulevard, necessary for the entrance to be created.

Iv) The submission of a security deposit will be required prior to work commencing and the value of the deposit will be based on the value of the required works at the time of construction.

11. A letter shall be received from the Town of Perth stating that condition #3 through #10 has been fulfilled to their satisfaction.

NOTES

1. There are no municipal water services or sanitary sewer services known to exist within the portion of the South Street road allowance abutting the lands subject to this application. The severed lot has no existing water or sanitary sewer service connections and such connections will be required prior to development of the lot and are possible from Gore Street. The cost of installing connections is the responsibility of the land owner. If new connections 10 the retained lot are needed it is likely that the least expensive solution would be to extend services on South Street and the provide connections to the lot. Connection to services on Gore Street also appears to be possible but is likely to be more expensive.



killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying


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habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding.




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Y:\Consents\Staff Reports\2015 LDC Reports\B15-118, Greer.docx Page 1 of 9



Owner: Gary & Mary Greer Hearing Date: August 8, 2016

Application: Gary & Mary Greer LDC File #: B15/118

Municipality: Township of Beckwith Pt. Park Lot 3 Franktown Plan

Geographic Township: Beckwith Consent Type: new lot

Roll Number: 0924 000 010 17701

Purpose and Effect: To sever a 0.429-ha residential building lot together with an easement in favour of the retained lands over the proposed entrance laneway and to retain a 0.4-ha residential lot with an existing dwelling and garage located at 2159 Richmond Road.


Vacant Residential



0.429-ha 7.5 m 76.11 m County Road

0.4-ha 49.12 m 77.1 m County Road via easement





Residential 0.4-ha Yes 45 m No

Residential 0.4-ha Yes 45 m Yes

Official Plan Designation: Settlement Area

Conformity: Beckwith OP Section 4.5.1 General Policies Subsection (iii) states “The re-severing of previously severed lots will generally be discouraged except where it can be shown that it would result in the proper development of the land.” This lot was created by Consent B1976/237; however, the PPS encourages intensification of development within designated Settlement Areas.




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County Official Plan – Section 2.0 Settlement Policies, Section 4.3.2 Provincial Highways, Section 4.3.3 County Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi-Rideau Source Protection Plan, Section 8.2.2 Consents.

While the main criteria and minimum requirements of lot development are referred to the local Official Plan under Section 8.2.2 Consents of the County Official Plan, the proposal must also take into consideration the criteria as outlined in Section 51.(24) of the Planning Act. This criteria includes, the suitability of the land for development, the dimensions and shapes of the proposed lots, the restrictions on development (buildings and structures) as well as health and safety of present and future inhabitants.. The proposal fails to meet the minimum requirements for design, health and safety of the Official Plan for the County of Lanark.

Local Official Plan - Section 4 General Development Policies, Section 4.5 Division of Land, Section 5 Community Development Areas, Section 5.1 Residential Policies, Section 7.1 Provincial Highways, Section 7.2 County Roads, Section 9.10 Land Division Committee. The Township of Beckwith advises that the proposal does not conform to the designations and policies of the Official Plan.

Zoning By-law – Section 3 General Provisions, Section 5 Residential Zone. The Township of Beckwith advises proposal does not comply with the zoning by-law regulations and that council will not entertain a minor variance or an amendment to the zoning by-law.


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Township Planner’s Report -

EXECUTIVE SUMMARY This severance application was previously discussed with Council during the July and August meetings in 2015. At that time, the applicant indicated they were satisfying the frontage requirements by providing ~73m along Highway 15 but that access would come from Country Road 10. MTO has since confirmed that there is no frontage along their highway because there is a strip of land blocking the subject lands from accessing the highway; MTO owns this land but it does not form part of their assumed highway. The application would create a 1.06ac severance where the requirement is 1.5 acre. The application would create a parcel with 7.5m frontage where the requirement is 45m. Staff does not recommend that the Township support the application.

DESCRIPTION OF APPLICATION The applicant proposes to sever a 1.06 parcel from the subject lands, leaving a 1.0 acre retained lands. The proposed severance would provide 7.5m of frontage on County Road 10 where there is an existing entrance. The retained lands would continue to use this entrance through a right of way. The proposed severance is irregular in shape to accommodate this right of way and to accommodate an existing accessory structure which will stay with the retained lands.

DESCRIPTION OF SUBJECT LANDS The subject lands consist of 2.06 acres on the corner of Highway 15 and County Road 10 and are developed with a single dwelling and a detached five-bay garage near the middle of the parcel. The lands are accessed by Country Road 10. MTO has advised that an entrance onto 15 is not possible as the parcel does not technically have frontage on the highway; the subject lands are separated from the highway by a strip of land owned by MTO but not assumed as part of the highway.

OFFICIAL PLAN The lands are designated Residential and are located within the Community Development Area of Franktown. The Township’s Official Plan indicates that growth is to be directed towards our Community Development Areas and to facilitate this growth, the Township recently adopted infill severance policies to create additional development opportunities. These infill severance policies are found in Section 4.5 and require new lots to be at least 1.5 acres with the retained lot being at least 1 acre to meet zoning requirements. The proposed severance is 1.06 acres with 1.0 acres being provided for the retained lands. The subject lands are not of a sufficient size to provide an infill severance. The application does not conform to this requirement within the Official Plan.

Section 4.5 of the Official Plan provides these land division policies and also notes that the proposed lot shall have the frontage required by the Zoning By-law, which is 45m for the Residential zone. The applicant proposes to provide 7.5m of frontage along Country Road 10. This is not sufficient for the Residential zone. The application does not conform with this requirement of the Official Plan.


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(a) a residential infill lot shall have a minimum area of 0.6 hectares (1.5 acres); The proposal does not conform to this requirement as the proposed severance would be 1.06 acres. The undersized infill lot reduces the potential building envelope for a house, well and septic system locations for long-term servicing. The irregular shape of the proposed severance further reduces the building envelope and the usable area of the lot.

(b) the proposed infill lot shall have minimum frontage on a public road, as per the Zoning By-Law; The Township’s Zoning By-law requires a minimum of 45m frontage on an open and maintained road. The severance proposes to provide 7.5m of frontage on County Road 10, which would contain a shared laneway to be used by both property owners. Shared entrances are common on County Roads, but these entrances typically split into separate driveways within the first few metres of the property. The proposed severance would share the same laneway as the retained lands for ~85m. This type of shared access has previously resulted in problems between property owners and occupied a substantial amount of staff time over the years despite these disputes not being a Township responsibility.

The 45m frontage requirement helps to maintain the rural character of the Township by reducing density and providing each dwelling with enough area for privacy and natural features that help define the area. It is acknowledged that there are older parcels within Franktown that do not conform to this 45m minimum frontage, but there are no examples of residential frontages reduced less than 30m within immediate proximity to the proposed severance.

(c) the proposed infill lot shall occupy the road frontage between two existing residential lots that are located on the same side of a public road. The distance between the two existing residential lots can vary, however the width of the proposed infill lot should be consistent with the surrounding parcel fabric but shall not be more than twice the minimum frontage required by the Zoning By-law; At the time this policy was written the Township was receiving several infill severance proposals where previous severances were taken from a property and left two lengths of frontage off the retained lands. This policy focused on proposals where the applicant proposed to sever one of the frontages.

The key part of this policy is that the infill severance should be consistent with the surrounding parcel fabric; the infill severance should not change the character of the area. The policy qualified a maximum frontage of twice the required frontage and did not speak to a minimum because subsection b) already addresses the requirement to meet the minimum required by the Zoning By-law.

Staff does not consider the proposed frontage of 7.5m to be consistent with the surrounding parcel fabric.

(d) the proposed infill lot shall not prohibit or adversely affect future development potential of the retained lands; and The retained lands do not appear to have future development potential as the lands are already developed. There would not be any opportunity to further develop the retained lands.


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(e) the retained parcel shall have a minimum area and frontage on a public road, as per the Zoning By-Law; The retained parcel would have ~60m frontage along County Road 10 and would be 1.0 acres, which would conform to the requirements of the Residential Zone.

Given the above discussion, it is clear that the proposed severance does not conform to the Township’s infill severance requirements provided by Section 4.5 of the Official Plan. Specifically, the proposal failed to meet the requirements for subsections a), b) and c).

ZONING BY-LAW The property is zoned Residential by the Township’s Zoning By-law No. 91-14. Within this zone, properties are required to provide at least 45m frontage and be 1 acre in area. The proposed severance would be able to meet the area requirements, but as indicated above, the Official Plan requires new lots created through severance to be 1.5 acres in the Community Development Area. As noted above, the proposed severance would only possess 7.5m of frontage along County Road 10; this does not conform to the 45m required in the Residential zone.

Section 3.1 regards Accessory Uses with subsection a) providing requirements of residential accessory structures. Subsection ii) indicates that accessory structures shall be a minimum of 3m from any interior side or rear lot line. The boundary of the severed lands would abut the stairs of the existing structure and the applicant proposes to create a 3m right-of-way so that the structure can be maintained. This does not conform to the requirements of the Zoning By-law. This topic was discussed with the applicant at the Planning Committee / Council meetings in 2015. The applicant indicated that the surveyor could redraw the boundary to satisfy the 3m requirement, which would create an even more irregular parcel boundary. Section 4.5.1 (i) of the Official Plan requires severances to be of a size and shape appropriate for the proposed use. As demonstrated in the below image, the potential building envelope that would result from the proposed severance is also irregular in shape and may cause difficulties when attempting to locate the house, well, septic system and common accessory structures.


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OPTIONS / ANALYSIS

Shared Laneway The shared laneway of approximately 85m in length has the potential to generate additional work for the Township in the form of neighbour disputes. Difficulties between property owners have been brought to the Township’s attention when the owners are required to use the same laneway but the owners do not share the same views on usage and maintenance. While this is not one of the Township’s responsibilities, listening to these ongoing complaints occupies staff time and diverts resources away from legitimate responsibilities. It is acknowledged that the County of Lanark frequently requires shared entrances on their roads, but most of these shared entrances immediately diverge into separate laneways greatly limiting the amount of shared space.

Lot Addition There is an undersized (0.6ac) vacant parcel for sale immediately south of the subject property. The property has been listed for sale a number of times in the past five years and the Township has received several enquiries regarding development potential. Despite this the lands remain vacant. A lot addition from the subject property may help to facilitate development on the existing parcel.

Township of Beckwith - recommends approval of this application subject to the following conditions:

BE IT RESOLVED THAT the Planning Committee recommends to Council to not support severance application B15-118 to create a 1.06 acre infill severance at 2159 Richmond Road as the application: 1. Does not satisfy the 1.5 acre minimum lot size identified in the Township’s

Official Plan; 2. Does not satisfy the 45 m frontage requirement required by the Township’s

Zoning By-law No. 91-14 and Official Plan.

Conservation Authority – Rideau Valley Conservation Authority

We have undertaken our review within the context of Sections 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement issued under Section 3 of the Planning Act, and from the perspective of the Conservation Authority regulations.

The following comments are offered for the Committee's consideration.

PROPOSAL The proposal is to sever a 1.06 acre parcel from the existing 2.06 acre parcel.

PROPERTY CHARACTERISTICS

Severed Parcel - The severed parcel is partially treed. The lot is vacant.

Retained Parcel - The retained parcel is developed with a residence.

REVIEW

Natural Hazards - There have been no natural hazards identified on this property which would preclude this application.

Natural Heritage - There have been no natural heritage features identified on this


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property which would preclude this application.

CONCLUSION

In conclusion, the Conservation Authority has no objection to this consent. application.


Severed Lands – a 1.06 acre vacant wooded parcel of land. Land is relatively flat and has shallow soil depths. Recommendation – additional sandy loam fill will be required in the area of the future tile bed.

Retained Lands – a 1 acre parcel of land with an existing house serviced by a well and septic system and an existing 5 bay garage with storage space. Land is relatively flat. Recommendation – additional sandy loam fill will be required in the area of the future replacement tile bed.

Ministry of Transportation Advised that the subject lot (retain and proposed severed lot) does not have frontage on Highway 15 as a piece of land exists between the highway and the Greer lands that is owned by the Province but is not considered as part of Highway 15. Therefore the subject lands cannot access Highway 15.

County Public Works Applicant has an approved exiting entrance to the County Road. Permit #672 Permit 672 is currently classified as a Single Residential entrance. Upon successful completion of the severance, the permit will be reclassified as Common Residential. Standard conditions regarding road widening, road closing, approvals and documentation to apply.



(c) PUBLIC INPUT


(d) PLANNING REVIEW Background and Summary The applicant proposes to sever a 0.429-ha residential building lot subject to an easement in favour of the retained lands over the entrance / laneway and to retain a 0.4-ha residential lot with an existing residential dwelling and 5-bay garage with storage space located at 2159 Richmond Road

The subject lands are located in a designated ‘settlement area’ an area characterized by typical urban residential. The effect of the lot creation is ‘infill’, a process recommended by the PPS, providing the development meets all other applicable planning policies i.e. County & Local Official Plan and Zoning By-law.


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The lands are accessed via Richmond Road, a County maintained road. The access is also proposed to be subject to an easement in favour of the retained lands. This will be a shared 7.5 m wide laneway, running parallel to the retained lands for a distance of 85 m.

Bedrock Inventory – dolostone, sandstone.

Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR) and/or Endangered (END) species on the site or in proximity to it: Blanding’s Turtle (THR)



2. Beckwith Official Plan Policies for the Division of Land are found in Section 4.5 of the OP. Generally, the consent process will be used for the purpose of creating a maximum of 3 consents, excluding the retained lot if the area of an original Township lot is 40-ha or greater; or 2 consents, excluding the retained lot, may be considered if the area of an original Township lot is from 20-ha up to but not including 40-ha. A number of ‘general policies’ also apply to the division of land, including: size (0.6-ha in Community Development Area and 0.8-ha in the Rural Lands designation) and setbacks appropriate to zoning designation, reserving, MDS separation, supporting studies as required, road access to maintained infrastructure, no development of land subject to flooding, quantity and quality of groundwater. The lot creation date for Beckwith is July 1973. Section 4.5.2 (iii) requires new lots created within the special service area to enter into an agreement with the Township acknowledging participation within the Township's water monitoring program.

3 Woodlands The area has not been mapped as ‘woodlands’.

Zoning The subject property is currently within the residential section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot does not meet the minimum lot frontage requirements. A re-zoning would be required to address this frontage requirement, which is a reduction from 45 m to 7.5 m which would also be used as a shared driveway with the retained lands.


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Conclusion The Provincial Policy Statements encourages development to occur in designated settlement areas provided that it can also meet other planning policies and regulations. The severed lands do not meet the minimum requirements of Township of Beckwith Zoning By-law. The application does however; meet the consistent with test of the Provincial Policy Statement.

There were no objections raised by the agencies which were circulated regarding this proposal, however the Township did not support the proposal. In light of the foregoing, this office is not satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan or Official Plan for the Township of Beckwith and should not be given favourable consideration.


Bruce Firestone, agent, and Steve Sheppard, solicitor for the applicant attended the hearing and gave evidence under oath.

A power point presentation was provided to describe the history and planning rationale for the development proposal.

Mr. Sheppard noted that the proposal complies with the zoning by-law, but recognizes that it does not conform to the Official Plan policies for minimum lot size. With regards to the lot frontage, the proposed development does not meet any of the definitions within the Beckwith Zoning By-law; however it is their opinion that the area along Hwy 15 should be classed as frontage. In addition the County Public Works has no problems with a combined entrance from Richmond Road

The Committee advised that in their opinion the lot does not have adequate frontage on a publically maintain road, that being Richmond Road, and that the change to the existing entrance onto Richmond Road is for a single residential entrance to a common residential entrance – this does not address frontage requirements as outlined in the Township’s Zoning By-law.

A short recess was taken, to allow the agent and solicitor to confer with their client.

The hearing re-convened, and Mr. Sheppard requested that the committee defer the application, as there is a difference of opinion on what is frontage in order for the proposal to meet the minimum requirements.

Moved by D. Murphy Seconded by W. Murphy THAT the hearing for Consent Application B15/118 – Greer, be deferred to allow the agent/solicitor an opportunity to obtain further information on the use and classification of the lands owned by the Province between the Greer Lands and Hwy 15 and to clarify ‘frontage’.

AND THAT, the application be brought back before Committee at the request of the applicant/agent. Carried


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Documents

MINUTES LAND DIVISION COMMITTEE - Lanark …Minutes+Aug+8.16.pdfLand Division - 08 Aug 2016 Minutes MINUTES LAND DIVISION COMMITTEE The Land Division Committee met in regular session