TOWNSHIP OF ELIZABETHTOWN-KITLEY REPORT TO COUNCIL

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1 Committee: TOWNSHIP OF ELIZABETHTOWN-KITLEY REPORT TO COUNCIL _Planning Advisory Committee (PAC) Date: _April 20, 2011 A. Recommendations Requiring Council Approval: None. Recommendations related to Severance Applications B and B were detailed in Staff Report P and related Resolution was passed by Council on April 26, 2011 B. Issues Referred to Council for Guidance: None. C. Matters of Interest for Council: None. D. Committee Minutes: D-1 The April 20, 2011 draft minutes are attached for your review. D-2 The next Planning Advisory Committee meeting has been scheduled for May 18, 2011 (3 rd Wednesday of the Month) at 4:00 p.m.

2 M I N U T E S TOWNSHIP OF ELIZABETHTOWN-KITLEY PLANNING ADVISORY COMMITTEE - April 20, Members Present: Members Absent: - Staff Present: Dan Downey (Councillor), Linda Hill, Allan Markell, Lyle Pederson (Chairman), John Southin Barbara Kalivas (Director of Planning & Development), Melissa O Connell (Planning Assistant) THIS IS NOT A VERBATIM REPORT Chairman L. Pederson called the meeting to order at 4:00 p.m. DISCLOSURE OF INTEREST: None. MINUTES: MOVED BY: A. Markell SECONDED BY: J. Southin THAT the minutes of the February 16, 2011 meeting be adopted as circulated. DISPOSITION: Motion Carried. A. Markell complimented staff on their excellent job drafting the Committee minutes. DELEGATIONS/APPOINTMENTS: PRELIMINARY SEVERANCE APPLICATION (LOT ADDITION) Con. 6, Pt. Lot 28/29 (Geographic Elizabethtown 6005 County Road 29 Walker Property; Assessment Roll The Director of Planning and Development advised that the agent Clint Culic was unable to attend this meeting. She advised that he had requested the matter be adjourned to the tentatively scheduled June 15 th, 2011 meeting. SEVERANCE APPLICATION B (LOT ADDITION) 786 County Road 29; Con. 3, Pt. Lot 13; Geographic Township of Kitley Owner: Gary & Wendy Ronan Assessment Roll The applicant Gary Ronan of 786 County Road 29, was in attendance and had been provided with a copy of the Severance Consideration Form in advance of the meeting. Chairman L. Pederson summarized the severance application to sever 89 acres± of land area with ft.± cumulative frontage on County Road 29 from an existing 170 acre± lot at 786 County Road Page 1 of 5

3 SEVERANCE APPLICATION B (LOT ADDITION) 29, for the purpose of a lot addition onto an abutting 16 acre+ lot in Con. 2, Pt. Lot 13. G. Ronan requested clarification from the Committee on the staff recommended condition requiring an Agreement be registered on title relating to potentially significant woodlands and permanently wet areas on the severed and retained lands. The Committee discussed the lot addition and agreed that they did not have any issue with the application and noted that no new lots were being created. MOVED BY: D. Downey SECONDED BY: J. Southin THAT severance application B is recommended subject to the following conditions: 1. Merging Clause: that the severed lands merge in exactly the same name as the proposed recipient s holdings as assessment roll and that the severed lands and recipient s holdings cannot be separately conveyed. 2. That an agreement be registered on title related to the severed and retained lands, ($ deposit fee required to be paid to the Township to initiate fulfillment of this condition) to: a) ensure the potentially significant woodlands as identified on Appendix 1-A3 of the Official Plan are preserved, in that they are not clear-cut. Personal woodlot use would be permitted and; b) any restrictions/prohibitions to development as per consultation with the conservation authority be included within this agreement, as the current RU zone does not capture the permanently wet areas under Appendix 1-A1 of the Official Plan for the severed/retained lands. 3. All conditions to be fulfilled by applicant at their expense. DISPOSITION: Motion Carried. SEVERANCE APPLICATION B (LOT ADDITION) Reapplication of B (lapsed) 18 Lyn Valley Road; Reg. Plan 145, Lots 18 & 38, Block 6, Pt. 3, 28R-1362; Geographic Township of Elizabethtown Owner: Rod & Trudy Hick Assessment Roll The agent Michael Johnston was not in attendance, but had been provided with a copy of the Severance Consideration Form in advance of the meeting. Chairman L. Pederson advised that staff have reviewed the filed consent application B and had confirmed it is the same application as previously filed under B He noted that this previous application had been supported by the Township s Planning Advisory Committee at their January 19, 2010 PAC meeting and was subsequently recommended by Council. The Committee discussed the agent s request that the Township s severance review fee be waived. The Director of Planning and Development advised that in the past, where there has been a reapplication of a lapsed severance, the Committee has provided a 50% reduction. She noted that there was staff time still involved in reviewing the matter and in bringing the matter back to the Committee and to Council. Page 2 of 5

4 SEVERANCE APPLICATION B (LOT ADDITION) MOVED BY: A. Markell SECONDED BY: L. Hill THAT severance application B is recommended subject to the following conditions: 1. Merging Clause: that the severed lands merge in exactly the same name as the proposed recipient s holdings as assessment roll (Lalonde and Schenke-Pape property) and that the severed lands and recipients holdings cannot be separately conveyed. 2. That the road closure By-law be registered and this be confirmed by the applicant s solicitor, to the satisfaction of the Township (it is noted that By-law which transferred the said closed allowance to Lalonde and Schenke-Pape has been registered). 3. A reduced Township consent review fee in the amount of $ be paid to the Township for the Township s consideration of B (a re-application of B which had lapsed). 4. All conditions to be fulfilled by applicant at their expense. LAND DIVISION COMMITTEE DECISIONS: B Con. 3, Pt. Lot 20, Geographic Kitley, Moore Property (New Lot) - in conformance with Township recommended/requested conditions The Director of Planning and Development advised that it is understood from the County that an appeal has been filed. B Con. 2, Pt. Lot 18, Geographic Elizabethtown, White Property (New Lot) - in conformance with Township recommended/requested conditions B-6-11 Con. 5, Pt. Lot 20, Geographic Kitley, Coughlin Property (Lot Addition) - in conformance with Township recommended/requested conditions B-7-11 Con. 5, Pt. Lot 20, Geographic Kitley, Coughlin Property (New Lot) - in conformance with Township recommended/requested conditions COMMITTEE OF ADJUSTMENT MATTERS: Notices of Hearing: A01/11, 215 Fulford Point Road (Owner: Kaddatz) A02/11, 445 Hillcrest Road (Owner: Frost) A03/11, 446 Hillcrest Road (Owner: Frost) A04/11, Dixie Road E. (Owner: Holtrop) A05/11, 4351 Kilkenny Road (Owner: Burnbrae Farms Ltd.) A. Markell noted that with respect to application A05/11 there is a great deal of land owned by the applicant on which to locate a barn and, under Land Use Compatibility in the Official Plan, it must comply with MDS. A. Markell noted that he believes that the Committee of Adjustment had made a wise decision in the Decision and the required conditions. J. Southin, who sits at Chair on the Committee of Adjustment, advised that the Committee had made the decision conditional on the house across the road being legally tied with the subject property. This was done so that the properties can only be conveyed together in the future unless either the barn is torn down or the house is torn down. Page 3 of 5

5 Committee of Adjustment Matters (continued): A06/11, 239 Brockmere Cliff Drive (Owner: Hudson) A07/11, 321/322 Old Lily Bay Road (Owner: McDougall) A08/11, 5707 Fairfield Road (Owner: Davy) A09/11, 4008 County Road 29 (Owner: Mintz) Committee of Adjustment Meeting Minutes, March 31, 2011 (Minutes contain Decision of the Committee for Minor Variance Applications A01/11, A03/11 and A04/11) were received. CORRESPONDENCE (RECEIVED & FILED): Council Resolution re: PAC recommendation regarding fee for preliminary review of consent proposals, dated March 14, By-law A By-law to Establish Various Fees, passed March 28, Notice of Passing re: Zoning By-law Amendment, VanderZwet Property, 1184 County Road 2, dated March 17, from Charles Billington, RVCA re: Christopher Simmonds Architect Inc. goes Carbon Neutral, dated February 21, from Charles Billington, RVCA re: The Importance of Water, dated March 7, from Charles Billington, RVCA re: How Much Water Do We Have? dated March 14, from Charles Billington, RVCA re: Steve Simmering Conservation Land Endowment, dated March 28, from Charles Billington, RVCA re: Who Protects Our Water, dated March 30, South Nation Conservation Watershed Update, dated March, Copy of Report P-04-11, Cash-in-lieu Condition, Plan of Subdivision Deerbourne Estates, dated April 7, A. Markell advised that he believes that the new subdivision should provide for something more than a tot lot park as there are subdivisions located on either side which have no park nor is there one in the area. Township of Rideau Lakes Notice of Public Meeting Re: Proposed Zoning By-law Amendment, Kelly Property, Con. 2, Pt. Lot 1415, Ward of South Elmsley, dated February 8, 2011 Page 4 of 5

6 OTHER BUSINESS: Tree Preservation/Retention By-law D. Downey advised the Committee that a potential tree preservation/retention by-law had been recently discussed at Council. He advised that Council noted it is a fairly large endeavour which is really in its infancy and needs to be studied at greater length. The Committee questioned whether there were other area municipalities which have a tree cutting bylaw. The Director of Planning and Development advised that staff could undertake a survey of area municipalities. She noted that it might also be worth raising this issue at the County level or raising it in conjunction with the Sustaining What We Value project. D. Downey questioned what would be the intended end result of implementing a tree cutting by-law. The Director of Planning and Development advised that this issue has come up a number of times as a result of severance applications. She noted that the Official Plan policies relating to potentially significant woodlands seek to prevent clear cutting or, where clear cutting is desired, that there is an environmental impact study undertaken. L. Hill advised that the purpose of a tree cutting by-law is also to protect the consumer when lumber companies come in and clear cut properties in exchange for a small amount of money to the property owner. L. Hill advised that the Ministry of Natural Resource s website has information on drafting tree cutting by-laws. County Official Plan The Committee discussed the recent County Official Plan session which was intended to discuss whether the County should have an Official Plan. Several member of the Committee had attended the session along with the Director of Planning and Development. It was noted that it was a productive and positive session wherein different types of models and examples from other Counties were discussed. The Director of Planning and Development noted that if there is a County Official Plan, the Official Plans of the lower tier municipalities could not go below the standard that the County Official Plan sets, but they can choose to go above it if they desire. It was noted that having a County Official Plan may provide some increase consistency, and levels of standard, with the Official Plans of all the lower tier municipalities within the County. NEXT REGULAR MEETING: The next meeting is scheduled for May 18, 2011 at 4:00 p.m. The Committee noted that L. Pederson would be absent from this meeting and it was agreed that A. Markell act as chair. ADJOURNMENT: MOVED BY: A. Markell THAT the meeting adjourn at 4:50 p.m. DISPOSITION: Motion Carried. CHAIRMAN L. Pederson Barbara Kalivas, Director of Planning & Development Page 5 of 5

M I N U T E S. The Corporation of the Township of Elizabethtown-Kitley Regular Council Meeting. - April 26,

M I N U T E S. The Corporation of the Township of Elizabethtown-Kitley Regular Council Meeting. - April 26, M I N U T E S The Regular Council Meeting - - Members Present: Mayor Jim Pickard, Councillors John Johnston, Susan Prettejohn, Dan Downey and Rob Smith Absent With Regret: Councillor Eleanor Renaud Staff