Land Division Committee

MINUTES LAND DIVISION COMMITTEE

The Land Division Committee met in regular session on December 11, 2018 at 9:00 a.m. at the Lanark County Administration Building, 99 Christie Lake Road, Perth, Ontario. Members Present: R. Strachan, D. Murphy

Members Absent: W. Guthrie

Staff Present: J. Stewart, Secretary-Treasurer

LAND DIVISION COMMITTEE Chair: R. Strachan

1. CALL TO ORDER The meeting was called to order at 09:00 a.m. A quorum was present.

2. DISCLOSURE OF PECUNIARY INTEREST

3. APPROVAL OF MINUTES

MOTION #LD-2018-19

Suggested Motion: "THAT, the minutes of the Land Division Committee meeting held on October 9th, 2018 be approved as circulated." ADOPTED

4. ADDITIONS AND APPROVAL OF AGENDA

MOTION #LD-2018-20

Suggested Motion: "THAT, the agenda be adopted as presented."

ADOPTED

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5. DELEGATIONS & PRESENTATIONS

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 B18/032 - Peter D. Ghinn, Patricia D. Ghinn, and Aubrey Ghinn Lot Addition Pt. Lot 25 & 26, Con. 9 geographic Twp. of North Elmsley in Drummond/North Elmsley Rideau Ferry Rd./Wildlife Rd.

6.2 B18/049 - John Ekholm and Kathryn Jarrett Lot Addition Pt. Lot 17, Conc. 9 geographic Twp. of North Burgess in Tay Valley Township Grants Creek Rd.

6.3 B18/056 - Gordon Ramsay New Lot E 1/2 Pt. Lot 8, Conc. 11, geographic Twp. of Ramsay in Municipality of Mississippi Mills Conc. 12 Ramsay

6.4 B18/058 - Daryl and Shanna Ziebarth Lot Addition Pt. Lot 25, Conc. 12, geographic Twp. of Pakenham in Municipality of Mississippi Mills Conc. 12

6.5 B18/066 - Perth Cabinet Co. Ltd. Lot Addition E 1/2 Lot 25, Conc. 4 geographic Twp. of Bathurst in Tay Valley Township Bathurst 5th Conc.

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6.6 B18/072 - Kathryn and Melville James New Lot Pt. Lot 6, Con. 11, geographic Twp. of Ramsay in Municipality of Mississippi Mills Appleton Side Rd.

6.7 B18-081 - Randolph and Gwenlyn Thomas Lot Addition Pt. Lot 6, Conc. 5 geographic Twp. of North Elmlsey in Drummond/North Elmsley Salter Lane

6.8 B18/085 and B18/086 - William Ballinger New Lots S. Pt. Lot 25, Conc. 1, Beckwith Township Beckwith Boundary Rd.

6.9 B18/087 - Kevin James and Carol Franklin New Lot Pt. Lot 4, Conc. 6 geographic Twp. of North Burgess in Tay Valley Township Blair Poole Farm Lane

6.10 LUNCH BREAK - 1 Hour and a half

6.11 B18/039 and B18/040 - Kevin Willows and Jason Willows New Lots Pt. Lot 1, Conc. 6 geographic Twp. of Drummond in Drummond/North Elmsley Hwy 511

6.12 B18/055 - Sharon Mary Theresa Sprague New Lot Pt. Lot 2, Conc. 3 geographic Twp. of Bathurst in Tay Valley Township Christie Lake Rd.

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6.13 B18/061 - Bryan and Janice Lever New Lot Pt. Lot 14 & 15, Conc. 11, geographic Twp. of Drummond in Drummond/North Elmsley Ferguson's Falls Rd.

6.14 B18/068 - Claude Milton Cochran New Lot Pt. Lot 22, Conc. 7, geographic Twp. of Ramsay in Municipality of Mississippi Mills Con 7B Ramsay

6.15 B18/078 - William and Ruth Sprott Lot Addition Pt. Lot 19, Conc. 8, geographic Twp. of North Burgess in Tay Valley Township Pike Lake Rte 1

6.16 B18/079 and B18/080 - John and Geraldine Vanderspank New Lots Pt. Lot 9, Conc. 10, geographic Twp. of Drummond in Drummond/North Elmsley Drummond Con.10A

7. DEFERRED APPLICATIONS

7.1 B18/014 - Howard and Judy Farrell

8. CONFIDENTIAL REPORTS

9. COMMUNICATIONS/OTHER BUSINESS

10. PROVISIONAL CONSENT GRANTED

10.1 B18/032 - Peter D. Ghinn, Patricia D. Ghinn and 7 - 15 Aubrey Ghinn

Land Division - 11 Dec 2018 Minutes Page 4 of 170 10.2 B18/049 - John Ekholm and Kathryn Jarrett 16 - 23

10.3 B18/056 - Gordon Ramsay 24 - 34

10.4 B18/058 - Daryl and Shanna Ziebarth 35 - 44

10.5 B18/066 - Perth Cabinet Co. Ltd. 45 - 52

10.6 B18/072 - Kathryn and Melville James 53 - 67

10.7 B18/081 - Randolph and Gwenlyn Thomas 68 - 77

10.8 B18/085 and B18/086 - William Ballinger 78 - 86

10.9 B18/087 - Kevin James and Carol Franklin 87 - 96

10.10 B18/039 and B18/040 - Kevin Willows and Jason 97 - 108 Willows

10.11 B18/055 - Sharon Mary Theresa Sprague 109 - 119

10.12 B18/061 - Bryan and Janice Lever 120 - 130

10.13 B18/068 - Claude Milton Cochran 131 - 145

10.14 B18/078 - William and Ruth Sprott 146 - 154

10.15 B18/079 and B18/080 - John and Geraldine 155 - 170 Vanderspank

11. PROVISIONAL CONSENT DEFERRED

11.1 B18/014 - Howard and Judy Farrell

12. PROVISIONAL CONSENT DENIED

13. UPCOMING MEETINGS AND NOTICES

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14. ADJOURNMENT

MOTION #LD-2018-21

Suggested Motion: "THAT, the meeting do now adjourn."

ADOPTED

Julie Stewart Secretary-Treasurer

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Peter D. Ghinn & Patricia A. Ghinn Hearing Date: December 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/032

Municipality: Drummond/North Elmsley Lot: 25 & 26 Conc.: 9

Geographic Township: North Elmsley Consent Type: Lot Addition

Roll Number: 0919-908-020-37900

Purpose and Effect: To sever 2.4 ha parcel of land to be added to an existing lot at 142 Karen Ln. and to retain an 86.36 ha parcel of land with an existing storage barn and shed.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Vacant Agriculture / vacant Proposed Use Residential Agriculture / vacant Area 2.4 ha 86.36 ha Frontage None 381.4 m Rideau Ferry Depth 220 m Irregular Road - Access to None Rideau Ferry & Wildlife Rd. Water Supply n/a n/a Sewage Disposal n/a n/a Zoning By-law Category Rural Rural -Area (minimum) 4000 sq.m. 4000 sq.m. -Compliance? Yes Yes -Frontage (minimum) 45 m 45 m -Compliance? No Yes Official Plan Designation: Rural, PSW, 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.

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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. 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 Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. County Official Plan – Section 2.0 Settlement Policies, 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 3 General Provisions, Section 4.3 Rural Policy Area, Section 5.3 Local Roads, Section 6.3 Division of Land. The Township of Drummond / North Elmsley advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law Section 4 General Provisions, Section 7 Rural Zone The Township of Drummond / North Elmsley advises that the proposal complies 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 REVIEW OF PROPOSAL AND APPLICATION An application for consent B18/032 has been received from the County of Lanark Land Division Committee to sever 2.4 ha parcel of land to be added to an existing lot at 142 Karen Ln, and to retain an 86.36 ha parcel of land with an existing

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storage barn and shed for lands legally described as Pt. Lot 25 & 26 geographic Township of North Elmsley.

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 proposed severed lot would be serviced by private well and septic. Permits from the Health Unit would be required prior to any new development. Applications for consent must be evaluated with the policy directives of Section 6.3, which provides direction for the division of lands within the Township.

The property is designated as Rural on Schedule 'A' of the Township's Official Plan. The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts.

The Township's Official Plan identifies potentially significant woodlands covering part of the property. The Plan (Sec. 3.13.5) does not allow development within or adjacent significant woodlands unless it has been determined that "there will be no negative impacts on the natural features for which the forested area is considered significant."

Given that development potential is already established at 142 Karen Lane and that the lot addition avoids most of the significant wooded areas in the vicinity, an Environmental Impact Study would not be required.

The subject property is zoned as Residential Exception Four (R-4) in the Township's zoning by-law. The property to be added to 142 Karen Lane currently is zoned Rural Exception Sixty Eight (RU-68). The Township requests a Zoning Amendment to unify the zoning to Residential Exception Four to specify intent of the property.

Neighbouring property owners submitted letters of concern regarding the proposed severance, including drainage concerns and that only one single family dwelling would be constructed on the site. The township has requested the applicant submit a grading and drainage plan satisfactory to the Superintendent of Public Works. The Township has also requested the property complete a zoning amendment to the Residential Exception Four (R-4) Zone which has a maximum of one dwelling per lot. The Township believes these requirements will address the surrounding properties concerns.

NOTES Staff note that the property has restrictive covenants on title as do the 50 lots compromising Karen Lane and Bernice Crescent.

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1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) 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 (in both paper and electronic format). 3. That the applicant pays any outstanding fees to the Township prior to final approval; 5. The applicant shall obtain an entrance location permit from the Township; 6. The applicant must provide a drainage plan satisfactory to the Superintendent of Public Works 7. The applicant will be required to complete a Zoning By-Law Amendment to rezone the entire parcel to the Residential Exception Four (R-4) Zone 8. That sufficient lands be deeded to the Township along the frontages of the lots to be severed 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 that the municipality has a good and marketable title; The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required;

Conservation Authority – RVCA The Conservation Partners Planning and Development Review Team has completed a review of the above noted application for Consent approval to permit severance of a portion of the subject lands to be conveyed to an adjacent property fronting on Karen Lane. We have undertaken our review within the context of Sections 1.6.6 Sewage, Water and Stormwater, 2.1 Natural Heritage, 2.2. Water and 3.1 Natural Hazards of the Provincial Policy Statement, 2014 issued under Section 3 of the Planning Act, and from the perspective of the Conservation Authority regulations. The following comments are offered for your consideration:

Natural Heritage / Natural Hazards The subject lands are subject to the identified floodplain of Jebbs Creek Reach 1 as well as portions of unevaluated wetland. Further there is the presence of a watercourse running through the property. The proposed lot to be conveyed is not identified as being within the above noted natural features and a viable building envelope is available on site.

It should be noted that any development proposed in areas regulated by the Conservation Authority on the retained parcel should be discussed prior commencement as written approval may be required.

Conclusion The Rideau Valley Conservation Authority has no objections to the above noted consent application.

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Septic Office – Leeds, Grenville and Lanark District Health Unit

General Description Severed – a 2.4 ha parcel of land with no existing buildings. Wooded area with grass and low vegetation. Varying soil and slope throughout the property.

Recommendations Severed – no proposed septic system as per application. Additional sandy loam fill will likely be required if a septic system were to be installed.

General Description Retained – 86.35 ha parcel of land with existing storage barn and shed. Large grassy field with some trees and hills. Varying slope and soil depth throughout property.

Recommendations Retained – no proposed septic system as per application.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

(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. There have been several inquiries received in regards to the purpose of the consent application to the Township and the County by adjacent property owners. The Township conducted a site visit with some property owners. In summary, the concerns are related to zoning, use, drainage, access, restrictive covenants and long term plans for the retained lands. See attached correspondence. (d) PLANNING REVIEW Background and Summary The applicant proposes to sever lands from a large landholding as a lot addition to an existing lot in a residential area. The lot located at 142 Karen Lane was created by a consent application in the 1970’s. There have been previous consent applications from the land holding, in 1986, 2009, and 2010. The proposed consent is for the purpose of a lot addition. Road Access The lands are will be accessed via Karen Lane. Source Water Protection 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.

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Natural Heritage RVCA notes that the retained lands are part of the floodplain of Jebbs Creek Reach 1 as well as an unevaluated wetland and a watercourse. The lot to be severed does not contain these natural features.

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), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Snapping Turtle SC 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. Local Official Plan 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 area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. 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 lands to be enlarged are zoned as Rural - Special Exception 68 (RU-68), the lands to be severed are currently within the Rural zone. A condition of consent is proposed to place the existing lot at 142 Karen Lane and the lot addition into a consistent and appropriate zone for the proposed residential use of the lands. Any new development will be required to meet the minimum setback requirements of the Zoning By-law.

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Conclusion 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 rest 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 Drummond / North Elmsley and could be given favourable consideration. (e) MINUTES December 11, 2018 Tracy Zander, agent for the owner in attendance and gave evidence under oath. Mr. Peter Ghinn, owner in attendance was affirmed. Barry Danby, 150 Karen Lane was affirmed. Kathy McAlpine, 126 Karen Lane was affirmed. David Kirkbright, 134 Karen Lane was affirmed. Purpose is to enlarge the residential lot on Karen Lane and to build on the lot addition lands, farther back from the road. Concern of neighbours is drainage and township has requested a condition. D. Murphy is this a registered plan of subdivision. T Zander created by consents. Dan are there covenants that apply to all of the lots on the street. Barry Danby 150 Karen Lane, my one concern is the drainage and if lot is built on concerned about where this water is going to go. Bob condition of Township lot grading and drainage plan to address the drainage and is required and this will address where the water will go. Committee advised that it will be determined by the township where the entrance will be and subject to a lot grading and drainage plan. Committee reviewed the staff report and draft conditions. The conditions were revised to include the existing site specific zoning, R-4 and to include a condition that the existing restrictive covenants be applied to the entire parcel. (f) 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.

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B18/032 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 of the Land Division Committee 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, and a paper copy of the deposited reference plan. 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 Peter Ghinn, being Part Lot 26, Concession 9, RP27R-45 Part 31, RP 27R-10743 Parts 1 and 2, geographic Township of 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 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 Numbers from the Township of Drummond / North Elmsley. The applicant shall consult directly with the Township in this regard.

8. Sufficient lands 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 good and marketable title. The Township Roads Superintendent should be consulted prior to commencing a survey to determine the amount of road widening required.

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9. The applicant shall submit a lot grading and drainage plan which includes the locations of the proposed entrance, driveway and building footprints, to the satisfaction of the Manager of Public Works and the Chief Building Official.

10. 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.

11. The lot to be severed and the lot to be enlarged shall be zoned rezone the entire parcel to the Residential Exception Four (R-4) Zone as a maximum of one dwelling per lot.

12. The covenants pertaining to lot 142 be extended to include the entire land holding.

13. A letter shall be received from the Township of Drummond / North Elmsley stating that condition # 4 through # 11 have been fulfilled to their satisfaction.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: John Ekholm & Kathryn Jarrett Hearing Date: December 11, 2018

Applicant: John Ekholm & Kathryn Jarrett LDC File #: B18/049

Municipality: Tay Valley Township Lot: 17 Conc.: 9

Geographic Township: North Burgess Consent Type: Lot Addition

Roll Number: 0911-911-015-56660

Purpose and Effect: To sever a 161.0 sq.m. vacant piece of land from 1300 Grants Creek Road and add to a parcel of land at 1302 Grants Creek Road with an existing cottage, 2 sheds, and a play house. The retained land at 1300 Grants Creek Road is a 1189 sq.m. parcel of land with an exsting 3-season cottage and storage shed.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Recreational Recreational Proposed Use Recreational Recreational Area 161 sq.m 1189 sq.m Frontage 7.9 m –water 33 m – water Depth 40.3 33 m Road - Access to Grants Creek Grants Creek Water Supply Existing well Existing well Sewage Disposal Existing septic Existing septic Zoning By-law Category RS RS -Area (minimum) 4050 sq.m 4050 sq.m -Compliance? No No -Frontage (minimum) 60 m 60 m -Compliance? No No Official Plan Designation: Rural 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

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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. 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. 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 restored.

County Official Plan – Section 2.0 Settlement Policies, 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 3.6 Rural, Section 5.2 Land Division. Tay Valley Township advises that the proposal conforms to the designations and policies of the Official Plan.

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Zoning By-law – Section 3 General Provisions, Section 5 Seasonal Residential Zone. Tay Valley Township advises that the proposal does not meet the minimum lot area or lot frontage requirements, and recommend a minor variance or a zoning by-law amendment be applied for by the owner prior to final approval. 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 BACKGROUND

The proposal in B18/049 is to undertake a lot line adjustment by severing a 161.0 m2 vacant piece of land from 1300 Grant’s Creek Road and adding it to a parcel of land at 1302 Grants Creek Road with an existing cottage, 2 sheds, and a play house. The retained land at 1300 Grants Creek Road is a 1189m2 parcel of land with 33m of water frontage containing an existing 3-season cottage and storage shed. The severed parcel will be added to 1302 Grants Creek Road and increase the size to 2427m2 with 59m of water frontage.

The purpose for the lot line adjustment is to straighten the line dividing the two lots (which are currently owned by one family) in anticipation of selling 1300 Grants Creek in the future as well as clarifying the water access for 1302 Grants Creek.

DISCUSSION

Consistent with Provincial Policy Statement Yes Conforms to Official Plan Yes Complies with Zoning By-Law No Recommend consent for this application Yes Recommended Conditions for each severance:

 Payment of all taxes owing  Payment of all costs incurred by the Township for review  Two copies of the Deed/Transfer  Two copies of the reference plan  Re-zoning or a minor variance is required to recognize the undersized lot area and frontage

PROVINCIAL POLICY STATEMENT No concerns.

COUNTY SUSTAINABLE COMMUNITY PLAN No concerns.

OFFICIAL PLAN The proposed enlarged and retained parcels are designated Rural in the Official Plan. Residential uses are permitted in the rural designation.

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ZONING BY-LAW The zoning is Seasonal Residential (RS).

A minimum lot area of 4050m2 and 60m of water frontage is required for new rural lot creation. The proposal is for a lot line adjustment between two existing lots. However, the proposed enlarged and retained parcels do not meet the minimum lot area and road frontage requirements for the Seasonal Residential zone. The owner must obtain a minor variance or zoning amendment for the enlarged and retained lands to recognize the undersized lot areas and frontages.

RIDEAU VALLEY CONSERVATION AUTHORITY (RVCA) No objection to the proposed lot addition. Any future works or shoreline alteration would require a permit from the RVCA. RVCA noted efforts were underway by the owners to maintain good vegetative cover where possible given the steep slope to water.

MISSISSIPPI RIDEAU SEPTIC SYSTEM OFFICE (MRSSO)

The MRSSO has no objections to the severance as proposed. The MRSSO noted the proposed lot line will reduce clearance distances from a privy, shed and holding tank on the retained parcel. A legal survey has been requested showing a minimum 3m clearance distance from all sewage systems to all adjacent property boundaries.

CONCLUSION The Planner recommends that the consent be granted, subject to the conditions and advisory notes listed in the Staff Recommendation section.

Tay Valley Township “THAT, the Council of Tay Valley Township recommend to the Land Division Committee of Lanark County that the Severance Application for JOHN WALDEMAR EKHOL and KATHRYN JARRETT, #B18/049 (Part Lot 17, Concession 9, geographic Township of North Burgess) be approved subject to the following conditions:

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

That, the applicant pay any outstanding fees to the Township prior to final approval.

That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township.

That, the applicant obtains relief from the area and frontage requirements of the Seasonal Residential Zone provisions of the Zoning By-Law either by way of minor variance or zoning by-law amendment.”

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Conservation Authority The Rideau Valley Conservation Authority has reviewed this application as it relates to Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act and as it relates to the Rideau Valley Conservation Authority's Ontario Regulation 174/06 under Section 28 of the Conservation Authorities Act.

The Proposal The Rideau Valley Conservation Authority understands that this application is for the purpose of performing a lot addition where a portion of 1300 Grants Creek (0;044 acres) will be added to 1302 Grants Creek.

The Property The subject property is located fronting onto Grants Creek. It is approximately 1350m2 in size with road and water frontage of 33 metres, It is occupied by a recreational dwelling with several accessory structures. 1t is serviced by water from Grants Creek and has a holding tank. The property which will be added to is approximately 2023m2 with road frontage of 39 metres and water frontage of 47 metres. It is occupied by a cottage dwelling with several accessory structures. It is also serviced by water from Grants Creek and has a holding tank. Both properties are located within the Pike Lake - Crosby Lake Catchment Area of the Tay River Subwatershed. More information about this catchment can be obtained by navigating to the website.

Our review did not indicate any regulatory floodplain, wetlands or the presence of unstable slopes.

SITE VISIT During a site visit it was observed that both the proposed severed and retained properties slope significantly down to the water. A modest vegetation buffer was observed at 1302 Grants Creek Road, with a portion being cleared to provide water access. 1300 Grants Creek was observed to have less of a vegetation buffer. This could be improved in the future with natural shoreline plantings, but it should be noted that efforts are underway by the owners.

Review Comments and Recommendations The Rideau Valley Conservation Authority notes that the setback from the holding tank, shed and privy will be substantially less as a result of the proposed lot addition. Should variances or zoning amendments be required, the RVCA would comment on those applications separately.

The RVCA would like to take this opportunity to indicate that should any works or any alteration to the shoreline be proposed, prior written approval from the RVCA is required as per our Regulation 174/06 (Development, Interference With Wetlands and Alterations to Shorelines and Watercourses).

Conclusion In conclusion, The Rideau Valley Conservation Authority has no objection to the subject applications. The RVCA would like the review comments and recommendations noted on any decision by the Land Division Committee

Septic Office – MRSSO A review of the Consent Application was conducted to ensure that the transferring of the subject lands will not impact the minimum requirements established in Part 8 of the Ontario Building Code (OBC). The applicant proposes to sever a 161 m2 area from the retained parcel, to provide a lot addition to 1302 Grants Creek Road. The area to be served is well treed and sloping slightly towards Grants Creek. The proposed lot line will increase the clearance distances from an existing shed on the parcel receiving the lot addition. No test pits were provided.

The retained parcel is approximately 1189m2. The retained parcel is developed with a cottage and shed. The cottage is serviced by a Class 1 (privy) and Class 5 (holding tank) sewage systems. The proposed lot line will reduce clearance distances from a privy, shed and holding tank on the retained parcel. No test pits were provided.

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The MRSSO requests, as a condition of the severance, a legal survey to show all sewage systems with a minimum 3m clearance distance to all adjacent property boundaries. Once the survey is submitted and reviewed by the MRSSO, a clearance letter may be issued if the conditions have been met. Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

(b) 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. (c) PLANNING REVIEW Background and Summary The applicant proposes sever a 161.0 sq.m. vacant piece of land from 1300 Grants Creek Road and add to a parcel of land at 1302 Grants Creek Road. Road Access The lands are accessed via Grants Creek Road which is private right of way. Source Water Protection 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.

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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: size and setbacks appropriate to zoning designations, frontage on existing public roads (or existing private road for waterfront development), studies as required, MDS separation. The lot creation date for Tay Valley is January 1, 1991.

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 have been established by Tay Valley Township. Zoning The subject property is currently within the seasonal residential section of the Zoning By-law Conclusion 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 Tay Valley Township and could be given favourable consideration. (d) MINUTES – December 11, 2018 Mr. Ekholm, owner attended the hearing and gave evidence under oath. Reassigning part 1 to 1302 gives an additional feet of water frontage and is more accessible to 1302. Have been working to address erosion, may be selling 1300 so can continue on with protecting this area. M. Strachan are the driveways all separate. Mr. Ekholm, yes. Comments were received from agencies on the issues of zoning, and survey. The comments were addressed through conditions to approve the application. Committee reviewed the staff report and draft conditions. The conditions were revised to include condition # 3 related to consolidation of the lot addition. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. (e) 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

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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. B18/049 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 of the Land Division Committee 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, and a paper copy of the deposited reference plan. 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 Kathryn Jarrett, legally described as Part Lot 17, Concession 9, RP 27R-2830 Part 3, Assessment Roll Number 0911 911 015 56655 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. 5. The applicant shall provide Tay Valley Township with two (2) copies of an acceptable reference plan and transfer document. 6. The applicant shall obtain appropriate relief from the minimum lot area and minimum lot frontage provisions of the Seasonal Residential Zone of Zoning By- law for Tay Valley Township either by way of an amendment to the Zoning By-law or a minor variance. 7. Prior to final approval, a legal survey to show all sewage systems with a minimum 3m clearance distance to all adjacent property boundaries be provided to the Mississippi Rideau Septic System Office and the County of Lanark. 8. A letter shall be received from Tay Valley Township stating that condition #3 through #6 has been fulfilled to their satisfaction. 9. A letter shall be received from the Mississippi Rideau Septic System Office stating that condition # 7 has been fulfilled to their satisfaction. NOTES 1. The Rideau Valley Conservation Authority advises that any works or alteration to the shoreline are proposed, prior written approval if required by RVCA as per the Authority’s “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” (Ontario Regulation 174/06).

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Gordon Ramsay Hearing Date: December 11, 2018

Applicant/Agent: Jessica Donaldson LDC File #: B18/056

Municipality: Mississippi Mills Lot: E1/2 Lot 8 Conc.: 11

Geographic Township: Ramsay Consent Type: New Lot

Roll Number: 0931-929-020-5430

Purpose and Effect: To sever a 0.95-ha lot with an existing home, garage and barn and retain a 40.28-ha agricultural lot.

DETAILS OF PROPOSAL Lands to be Severed Lands Retained Existing Use Residential Agriculture Proposed Use Residential Agriculture Area 0.95 ha 40.28 ha Frontage 60 m 490 m Depth 150 m 670 m Road - Access to Conc. 12 Ramsay Conc. 12 Ramsay Water Supply Existing private well n/a Sewage Disposal Existing private septic n/a Zoning By-law Category Agricultural (Non-Farm Use) Agricultural -Area (minimum) 0.4 ha 40 ha -Compliance? Yes Yes -Frontage (minimum) 45 m 150 m -Compliance? Yes Yes Official Plan Designation: Agricultural 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.

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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. 2.3 Agriculture Section 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c) a residence surplus to a farming operations as a result of farm consolidation (subject to conditions); and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. County Official Plan – Section 2.0 Settlement Policies, 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 6.1 Agricultural Resources, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Municipality of Mississippi Mills Community Official Plan - Section 3.2.3 Agricultural Consent Policies. The Municipality of Mississippi Mills advises that the proposal conforms to the designations and policies of the Official Plan Zoning By-law #11-83, Agricultural Zone. The Municipality of Mississippi Mills advises that the proposal conforms to the Zoning By-law. The municipality recommends that the retained lands be rezoned to prohibit the construction of a residential dwelling.

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Ramsay Concession 12; whereas, the retained property would maintain a total of ±489.3m (1,605.3ft) along the same public right-of-way.

DESCRIPTION OF SUBJECT LANDS & SURROUNDING LAND USES The subject property is southeast of the boundary between Almonte and Ramsay Wards. The immediate surrounding character is predominantly agricultural, with associated farm-dwellings and farming operations. The Mississippi River sits approximately 2 kilometres to the west of the subject lot; whereas the Ottawa- Mississippi Mills border is approximately 1.5 kilometres to the east. The immediate area, inclusive of the lots in question, is zoned “Agricultural (A).”

SERVICING & INFRASTRUCTURE

The proposed severance would separate an existing farm dwelling from its parent property. It would maintain the existing private well and septic, a barn, a detached garage, and the principal dwelling. Consequently, the retained property would not be serviced, with no proposed servicing as part of the application. Both lots would maintain frontage along Ramsay Concession 12, a municipally owned and maintained road. The municipal servicing and infrastructure demands would not change as a result of the application.

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l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4).

Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted criteria.

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2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The proposed severed lot size is ±0.95ha (2.35ac), which is sufficient size to accommodate the home, well and septic, the barn, and a detached storage/garage structure. The proposed lot dimensions do not keep the area to an absolute minimum, electing to create a regular rectangular lot instead of an irregular shaped parcel to accommodate a small piece of farmland that jogs around the home (see Schedule B). Consequently, approximately 0.2ha (0.5ac) of farmland would be incorporated as part of the non-farm residential property, outlined by the laneway, lawn, Ramsay Concession 12, and the line between the existing on-site hydro pole and the roadway. Staff believe that the uniform nature of the proposed lot is a more efficient form of development which does not significantly impact the retained agricultural lands. OMAFRA does not object to severances occurring prior to a sale of land for farm consolidation as long as the two subsequent criteria of Policy 2.3.4.1 are met regarding size and prohibition of residential uses. This flexibility allows current landowners to sell off the retained agricultural land without having to leave their home. Furthermore, there is clear intent by the Donaldson’s to purchase the subject lands, shown by their spearheading of the application, sharing of fees with the owner, and a letter of intent produced by both parties. Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted Provincial Policy Statement interests.

Agricultural Consent Policies Section 3.2.7 of the COP provides the policies for Consents related to severances, lot creation, and lot addition. The following are those relevant to this Consent application: 3.2.7.1 Farm-related severances may be considered for a farm dwelling, built prior to the adoption of the Community Official Plan (December 13, 2005), made surplus to a farming operation as a result of farm consolidation. Farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation […]. Only farmers who are expanding their farm holding shall qualify for surplus farm dwelling severances. The Town shall impose a condition on the severance of the surplus farm dwelling which shall require a zoning by-law amendment prohibiting the construction of a new residential dwelling on the farm land parcel rendered vacant as a result of the severance […]. The lot area and frontage for surplus farm dwelling lots should be kept to a

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minimum in order to keep as much land in agricultural production as possible, but generally should not be less than 0.4ha in size. 3.2.7.2 Farm consolidation severances on undersized agricultural properties may be considered provided the severed agricultural lands are consolidated with an abutting agricultural property. 3.2.7.3 Farm-related severances may be considered for the creation of a new agricultural holding provided that: i) Generally, the minimum lot area for agricultural parcels shall be approximately 100 acres. To this extent, this Plan encourages the creation of agricultural parcels in accordance with the original township lot fabric of the area. iii) The minimum lot area shall be sufficiently large to ensure the long-term flexibility of land to accommodate future agricultural uses. The subject farm dwelling was built around 1992 according to the Municipal Property Assessment Corporation (MPAC). The dwelling is intended for the current owner of the property, who will sell the vacant agricultural land to the Donaldson’s who are expanding their existing operation located within Mississippi Mills. OMAFRA does not object to severances occurring prior to farm consolidation, granted that the surplus dwelling lot size is minimized and there is a zoning by-law amendment condition. The amendment, which would prohibit a residence, ensures that the potential agricultural use remains unhindered. As such, the Consent application meets the intentions and requirements of a surplus farm dwelling severance. Section 3.2.7.2 indicates that undersized lots require a consolidation with an abutting agricultural property. This application does not result in an undersized lot, with the retained parcel maintaining 40.28ha (99.53ac). As such, Staff believe that this is sufficient to accommodate the long-term flexibility for future agricultural practices. Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted Consent policies within the COP subject to the successful approval of a rezoning application.

ZONING BY-LAW #11-83 The subject property is zoned “Agricultural (A)” by the Municipality’s Comprehensive Zoning By-law #11-83.

Agricultural (A) Zone As noted, the proposed severance would separate a surplus farm dwelling from the entirety of agriculturally viable land, except for approximately 0.2ha to create a uniform lot. The following table outlines the minimum lot area and lot frontage

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requirements of the A Zone for non-farm residential and agricultural lots against the dimensions of those proposed and recommended: Table 1: A Zone Development Standards vs. Proposed Lot Dimensions

MINIMUM MINIMUM LOT 11.2 ZONE PROVISIONS LOT AREA (ha) FRONTAGE (m)

By-law requirement (Non-farm Residential 0.4 45 Use) Proposed Severed ±0.95 ±60.0 (as per Applicant)

By-law requirement 40 150 (Agricultural Use) Proposed Retained ±40.28 ±489.3 (total) (as per Applicant)

The severed surplus farm dwelling land and the retained agricultural property would conform to their respective zoning requirements under the Zoning By-law. As such, no relief is needed as part of the necessary Zoning By-law amendment. Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted Zoning By-law provisions.

CONCLUSION As this proposal involves a surplus farm dwelling severance that would result in all lots being consistent with the Ontario Planning Act, Provincial Policy Statement, Community Official Plan, and Comprehensive Zoning By-law #11-83, Staff views the proposal to be a desirable and logical form of development. The proposed Consent application is compatible with the agricultural character of the surrounding area and can continue to be sustained by private well and septic services.

Municipality of Mississippi Mills Recommendations: THAT the Municipality of Mississippi Mills has no objection to the lot taken from the lands described as Concession 11, East Half Lot 8, Ramsay Ward, Municipality of Mississippi Mills, municipally known as 1019 Ramsay Concession 12, subject to the following conditions: 1. That the owner pays 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; 4. That the applicant rezones the retained vacant agricultural parcel to prohibit the construction of a residential dwelling; and 5. That the applicant registers a covenant on title of the severed parcel stating that the lot is adjacent to an agricultural area and

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may therefore be subject to noise, dust, odours and other nuisances associated with agricultural activities.

Conservation Authority – n/a

Septic Office - Health Unit

General Description Severed - a 2.34 acre parcel of land with an existing house serviced by a well and septic system. There were no obvious signs of malfunction at time of inspection. There is sufficient area to replace septic system in the future.

Recommendations Severed – additional sandy loam fill will be required in the area of the future replacement leaching bed.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

Section 2.3.4 of the Provincial Policy Statement, contains policies in regards to lot creation and lot adjustments in prime agricultural areas. Specifically Section 2.3.4.1 c) is applicable to surplus farm dwelling consents. The policy is copied below.

2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for:

c) a residence surplus to a farming operation as a result of farm consolidation, provided that:

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1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective;

As stated, the new lot should be kept to a minimum size needed to accommodate the use and appropriate sewage and water services. Inclusion of additional lands should not be endorsed. The intent of the policy is to allow for a farm operation that due to a consolidation process (acquisition of additional farm land) and now has an extra dwelling that is not required as part of the operation, can sever off that dwelling, assuming it is habitable. These details can be found in the PPS definition of Residence surplus to a farming operation (copied below)

Residence surplus to a farming operation: means an existing habitable farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation)

Additionally while not all surplus dwelling consent applications may require compliance with an MDS setback, PPS 2.3.3.3. would still be applicable.

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, Local Official Plan - Mississippi Mills Official Plan Policies for Agricultural Consents are contained in Section 3.2.7. 3.2.7.1 Farm-related severances may be considered for a farm dwelling, built prior to the adoption of the Community Official Plan (December 13, 2005), made surplus to a farming operation as a result of farm consolidation. Farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation only farmers who are expanding their farm holding shall qualify for surplus farm dwelling severances. The Town shall impose a condition on the severance of the surplus farm dwelling which shall require a zoning by-law amendment

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prohibiting the construction of a new residential dwelling on the farm land parcel rendered vacant as a result of the severance [. . .]. The lot area and frontage for surplus farm dwelling lots should be kept to a minimum in order to keep as much land in agricultural production as possible, but generally should not be less than O.4ha in size. 3.2. 7.3 Farm-related severances may be considered for the creation of a new agricultural holding provided that: i) Generally, the minimum lot area for agricultural parcels shall be approximately 100 acres. iii) The minimum lot area shall be sufficiently large to ensure the long-term flexibility of land to accommodate future agricultural uses. 2. Woodlands There is a wooded area on the retained lands which is shown as Significant Woodlands. Zoning The subject property is currently within the Agricultural section of the Zoning By- law. The Rural section of the Zoning By-law provides minimum lot area for non- farm residential use. The retained lands will remain in the Agricultural zone, and do meet the minimum area requirement, which is 40 ha. The municipality has requested a re-zoning as a condition to prohibit residential uses on the retained lands, this is a standard condition for surplus farm dwelling consents. Conclusion 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 Municipality of Mississippi Mills and could be given favourable consideration. (e) MINUTES – December 11, 2018 Chris Donaldson, applicants husband and purchaser of the agricultural lands. Mr. and Mrs. Ramsay are in Florida and will be remaining in the house. Donaldsons currently farm the lands. They are purchasing the lands to enable them to expand their current farm operation and do not need another house.

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B18/056 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 of the Land Division Committee 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, and a paper copy of the deposited 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. 4. The applicant shall provide the Municipality of Mississippi Mills two (2) paper copies and a digital copy of the deposited reference plan. 5. The applicant shall rezone the lands to be retained to prohibit the construction of a residential dwelling on the lands. 6. The applicant shall register a covenant on title of the severed lot stating that the lot is adjacent to an agricultural area and may therefore be subject to noise, dust, odours and other nuisances associated with agricultural activities. 7. A letter shall be received from the Municipality of Mississippi Mills stating that condition # 3 through #8 has been fulfilled to their satisfaction.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Daryl and Shanna Ziebarth Hearing Date: December 11, 2018

Applicant/Agent: Michael Ryan LDC File #: B18/058

Municipality: Mississippi Mills Lot: 25 Conc.: 12

Geographic Township: Pakenham Consent Type: Lot Addition

Roll Number: 0931-946-030-11800

Purpose and Effect: To sever a 1.07-ha vacant parcel of land from Part Lot 25, Concession 12 North and add to a vacant property located at 3232 Concession 12 N. The retained land is agricultural land owned by Zieview Farms Inc.

The applicant, Michael Ryan proposes the lot addition which includes and existing right of way, providing access to his property as well as vacant fields. Official Plan Designation: Agricultural 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. 2.3 Agriculture Section 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations;

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b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c) a residence surplus to a farming operations as a result of farm consolidation (subject to conditions); and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. County Official Plan – Section 2.0 Settlement Policies, 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. Municipality of Mississippi Mills Community Official Plan - Section 3.2.3 Agricultural Consent Policies. The Municipality of Mississippi Mills advises that the proposal conforms to the designations and policies of the Official Plan Zoning By-law #11-83, Agricultural Zone and LSR and By-law #18-85 The Municipality of Mississippi Mills advises that the proposal conforms to the Zoning By-law. The municipality recommends that the retained lands be rezoned to prohibit the construction of a residential dwelling.

(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 PURPOSE & EFFECT Michael Ryan has submitted Consent application B18/058 on behalf of Daryl & Shanna Ziebarth requesting to sever a ±1.07ha (2.64ac) parcel of land belonging to 264 Ryan-Duncan Side Road as a lot addition to a vacant limited service residential lot at 3232 12th Concession Pakenham to transition the existing right-of- way access to full ownership. The transfer of ownership would facilitate the construction of an acceptable laneway for access to a future residential building. The receiving lot would increase by ±1.07ha to ±1.98ha (4.89ac) and its lot frontage would increase to ±10m from 0m along 12th Concession Pakenham. The proposed retained lot would maintain a lot area of ±23.4ha (57.82ac) – or a total of 41.16ha (101.72ac) due to the lot’s consolidation with the lands abutting to the south – and a minimum lot frontage of ±530m (1,739ft). A sketch of the proposed lot addition is found in Figure 1 and Schedule B.

DESCRIPTION OF SUBJECT LANDS & SURROUNDING LAND USES The subject lands are located near the northern corner of the Municipality of Mississippi Mills, bordering the City of Ottawa, Town of Arnprior, and the Township of McNab/Braeside. The lands fall immediately adjacent to Madawaska Lake. The surrounding character is predominantly agricultural with residential properties

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bordering the water. The surrounding area, inclusive of the lots in question, is zoned partially as ‘Agricultural (A)’ and ‘Limited Service Residential (LSR)’. SERVICING & INFRASTRUCTURE The severed land would expand a lot that will require private well and septic infrastructure, and has driveway access from 12th Concession Pakenham, a municipally owned and maintained road. The recipient’s land is vacant but would permit a residential use; whereas the severed parcel prohibits a dwelling by way of a special exception Zoning designation, and would generally be used for access, delineated already by the existing driveway which separates a ±0.50ha (1.25ac) piece of unused field from the rest of the existing farmland property. The municipal servicing and infrastructure demands would not change as a result of the application.

EVALUATION PLANNING ACT Section 51(24) of the Act sets out the following criteria to consider when reviewing an application to subdivide land: a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; b) whether the proposed subdivision is premature or in the public interest; c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; d) the suitability of the land for the purposes for which it is to be subdivided; e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; f) the dimensions and shapes of the proposed lots; g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; h) conservation of natural resources and flood control; i) the adequacy of utilities and municipal services; j) the adequacy of school sites; k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2)

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of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4). Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted criteria.

PROVINCIAL POLICY STATEMENT (PPS), 2014 The PPS provides policy direction on matters of provincial interest related to land use planning and development. As per Section 3(5)(a) of the Planning Act, all planning decisions must be consistent with the PPS. The following is a list of applicable sections of the PPS as well as a review of the proposal against these policies: 2.3 Agriculture 2.3.4 Lot Creation and Lot Adjustments 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. The Provincial Policy Statement defines legal or technical reasons as: “severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot.” The transfer of land is the result of Mr. Ryan’s wish to retain full ownership of his access land presently described as a legal right-of-way to facilitate updating the laneway to a functional standard. Initially, the intent was only to obtain full ownership of the laneway, and not the vacant grassland to its north; however, this approach would create a new residential lot. Consequently, the applicant proposes to purchase the entirety of the empty field and the right-of-way. Staff believe the intent of the severance, being to obtain the legal right to update existing access infrastructure, is just, but do have concern about the size of the land being transferred which would ultimately double the original lot’s area. Although the Ziebarth's indicate no interest in using that portion of land across the laneway, future owners may think otherwise. As such, Staff need an assurance that the land could remain available for an agricultural use, regardless of its viability. On September 4th 2018, municipal Council voted in favour of rezoning the agricultural property subject to the severance in response to a surplus farm dwelling Consent application (B17/053). The rezoning prohibits a residential use under By-law #18-85. This zoning amendment includes those lands proposed to be transferred to Mr. Ryan. Consequently, the transferred property would not be permitted to include a dwelling; only the original Ryan parcel would be eligible. As such, although a larger than typical land transfer, Staff consider the Consent a minor boundary adjustment as it would not remove the excess land from being eligible as an agricultural use. While the land would not be owned by a farmer, it could be leased to nearby operations. Nonetheless, the existing laneway, which could not be removed or obstructed by the agricultural land owner, limits the viability of the land as an agricultural parcel. Furthermore, two vacant lots at the corner of the laneway and 12th Concession Pakenham (see Figure 1) are of separate ownership and are appropriate sizes for residential uses. The

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development of these lots would have greater impact on the agricultural use than the proposed lot addition. For reference, one of these lots would be eligible for construction at this time, having access onto 12th Concession Pakenham; whereas, the other would require a Planning Act application. 2.3.3 Permitted Uses 2.3.3.3 New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. As per guideline #8 of OMAFRA’s Minimum Distance Separation (MDS) Document, Publication 853, an MDS I setback is not required for “purposes such as easements, corrections of deeds, quit claims and minor boundary adjustments which do not result in the creation of a new lot.” The proposed lot addition Consent is considered minor (as described above); it does not further inhibit the land from being used as part of a farming operation more than the laneway and adjacent vacant residential lots already do. In addition, no new lots are created within this Consent process. Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted Provincial Policy Statement interests.

COMMUNITY OFFICIAL PLAN (COP) The subject lands are designated as “Agriculture” in the Municipality’s Community Official Plan (COP). The Agriculture designation permits agricultural operations and accessory residential dwellings, non-farm residential dwellings, and home- based businesses (among others), set out in and subject to the Zoning By-law. Agriculture Consent Policies Section 3.2.7 of the COP provides the policies for Consents related to severances, lot creation, and lot addition in the Agriculture designation. The following are those relevant to lot addition: 3.2.7.3 Severance for boundary adjustments between agricultural holdings may be permitted provided that no new lot is created and the size of the lots are appropriate for the type of agriculture proposed. The Consent application is solely concerned with adjusting the boundaries between the two properties. Thus, no new lots would be created. Regarding the size of the lots and their appropriateness for proposed agriculture, no farming operations are intended for these properties at this time. Circumstances may change; however, the existing laneway, size of the available land, and the two vacant residential lots nearby pose significant barriers to the use of the property. Nonetheless, the recent zoning amendment for Consent application B17/053 prohibits residential uses on the transferred land, thereby retaining as much flexibility as possible for an agricultural use. In either circumstance (severed or not), Staff are of the opinion that there is minimal agricultural viability for this portion of land.

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Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted Consent policies within the COP.

ZONING BY-LAW #11-83 The subject property is zoned “Agricultural (A)” and “Limited Service Residential (LSR)” by the Municipality’s Comprehensive Zoning By-law #11-83. As illustrated in the map below, the LSR Zone follows the lot lines of the receiving property but also stretches between said property and 12th Concession Pakenham. Consequently, the lot’s frontage is held by the LSR Zone (which does not require frontage), and not the A Zone. The receiving lot is ±9,129m2 (0.91ha), well exceeding the LSR minimum lot size of 4,000m2 (0.40ha). The lot addition would increase the dedicated LSR area to 11,630m2 (1.16ha). The transfer of land would also create a new A Zone dedicated to the enlarged lot, which would total ±8,600m2 (0.86ha), well below the minimum lot size of 40ha for an agricultural use. However, Section 7.1.3(a) of the Municipality’s Comprehensive Zoning By-law indicates that: In the Agricultural (A) or Rural (RU) Zones, an existing lot, or a lot created by the Lanark Land Division Committee, may be used for any non-residential use permitted by the applicable zone notwithstanding that such lot may have lesser lot area and/or frontage than the minimum required by the applicable zone, provided that all other provisions of this By-law are complied with, including the Minimum Distance Separation provisions of Section 6.10. To summarize, the Zoning By-law allows for smaller agricultural parcels as long as the reduction does not benefit a non-farm residential use. Although the lot has sufficient lot size to accommodate a home, By-law #18-85 restricts a dwelling. As such, the lot can only be used for access purposes unless the owner decides to lease the available land for crops.

Decision: Staff is of the opinion that the subject Consent proposal respects the above noted Zoning By-law provisions.

CONCLUSION As this proposal involves lot additions that would result in all lots being consistent with the Ontario Planning Act, Provincial Policy Statement, Community Official Plan, and Comprehensive Zoning By-law #11-83, Staff views the proposal to be a desirable and logical form of development. The proposed Consent application is compatible with the rural character of the surrounding area and can continue to be sustained by existing infrastructure.

Municipality of Mississippi Mills Recommendations: THAT the Municipality of Mississippi Mills has no objection to the lot addition taken from the lands described as Concession 12, West Part Lot 25, Pakenham Ward, Municipality of Mississippi Mills, municipally known as 264 Ryan-Duncan Side Road , subject to the following conditions:

1. That the owner pays any outstanding property taxes on the subject properties;

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2. That the parcel intended to be severed be conveyed to the lands legally described as Concession 12, West Part Lots 25 & 26, RP 26R-99, Part 5, Plan 27R-9218, Part 4, Pakenham Ward, Municipality of Mississippi Mills, municipally known as 3232 12th Concession Pakenham, and be consolidated with said lands; 3. That the Certificate of Consent ‘Schedule” attached to the deed/transfer conveying the severed lands 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 Michael Anthony Ryan [and any other owner(s)], and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) 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. That the applicant provides two (2) copies of the registered reference plan to the Municipality; and 5. That the applicant provides digital copies of the registered reference plan in .DWG and .PDF file formats.

Conservation Authority – n/a

Septic Office – Leeds, Grenville & Lanark District Health Unit

General Description Severed – a 12 m by 130 m strip of land to be uses as an access right-of-way. Land is presently a rough field roadway.

Recommendations Severed – an access roadway to provide a laneway to an existing residential property only.

Hydro One Networks – No comments were received.

Ontario Power Generation - as an adjacent land owner was circulated and provided the following comment:

OPG has no concerns with the proposed application provided that:

1. OPG’s rights under the Grant of Flooding Easement see attached, for your reference, remain in place.

Bell Canada R-O-W – No concerns or objections.

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The purpose of the consent application is as a lot addition to lands owned by Michael Ryan, 3232 12th Concession North. The lot addition lands include the existing right of way which are used by Mr. Ryan as well as vacant fields. Road Access The lands are accessed via a private right of way, shown as Part 1 on the sketch submitted with the consent application. The right of way has frontage onto 12th Concession North Pakenham. 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. Local Official Plan Section 3.2.7 of the COP provides the policies for Consents related to severances, lot creation, and lot addition in the Agriculture designation. Section 3.2.7.3 provides that severances for boundary adjustments between agricultural holdings may be permitted provided that no new lot is created and the size of the lots are appropriate for the type of agriculture proposed. Zoning The subject property is currently within the Agricultural section of the Zoning By- law. The Limited Service Residential section of the Zoning By-law pertains to the lands which the parcel is to be added to. The retained lands will remain in the Agricultural zone. The Ziebarth lands were subject to a consent application in 2017, B17/053 for a surplus farm dwelling consent. At that time, a zoning by-law amendment was a condition of consent B17/053 to prohibit residential uses. By-law No. 18-85 was passed by the Municipality of Mississippi Mills on September 4th, 2018 which prohibits all residential uses on lands legally described as Concession 2, West Part Lot 24 and 25, Pakenham, this by-law applies to the subject lands to be retained and is in full force and effect. The lands to be severed do not permit any residential uses, however the receiving lands near the water do permit a residence, therefore the current zoning has been deemed to be acceptable to the municipality. Conclusion 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

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County Official Plan and Official Plan for the Municipality of Mississippi Mills and could be given favourable consideration. (e) MINUTES – December 11, 2018 Mr. Ryan, applicant, attended the hearing and gave evidence under oath. Mr..Ryan explained the situation, right of way was done years ago but he wants to improve the right of way. Ryans used to own the farm and sold to Zieview Farms in 2017. Committee does anyone else use the right-of-way. Comments were received from agencies on the issues of survey. The comments were addressed through conditions to approve the application. 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. (f) 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. B18/058 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 of the Land Division Committee 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, and a paper copy of the deposited reference plan. 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 Michael Ryan, and legally described as Concession 12, West Part Lot 25 West Part Lot 26, RP 26R-99, Part 5 and RP 27R-9218, Part 4, Pakenham Ward, municipally known as 3232 12th Concession North Pakenham, 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 applicant shall provide the Municipality of Mississippi Mills with two (2) copies

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of an acceptable reference plan and transfer document. 5. The applicant to provide a digital copy of the deposited reference plan in a .DWG and .PDF file format to the Municipality of Mississippi Mills. 6. A letter shall be received from the Municipality of Mississippi Mills stating that condition # 4 and # 5 has been fulfilled to their satisfaction.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Perth Cabinet Co. Ltd. Hearing Date: December 11, 2018

Applicant/Agent: Roger Kidner LDC File #: B18/066

Municipality: Tay Valley Township Lot: E1/2 25 Conc.: 4

Geographic Township: Bathurst Consent Type: Lot Addition

Roll Number: 0911-916-015-48902

Purpose and Effect: To sever a 0.77-ha vacant piece of land from 339 Bathurst 5th Concession and add to a parcel of land at 315 Bathurst 5th Concession. The retained land at 339 Bathurst 5th Concession will be a 1-ha lot with an existing 5000 square ft. Cabinet Shop.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Vacant Cabinet shop Proposed Use Vacant Cabinet shop Area 0.77 ha 1 ha Frontage n/a 115 m Depth 80 m 90 m Road - Access to n/a Bathurst 5th Conc. Water Supply n/a Private well Sewage Disposal n/a Private septic Zoning By-law Category Industrial Industrial -Area (minimum) 1 ha 1 ha -Compliance? Yes Yes -Frontage (minimum) 60 m 60 m -Compliance? Yes Yes Official Plan Designation: Rural 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

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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. County Official Plan – Section 2.0 Settlement Policies, 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 Local Official Plan Section 3.0 Rural, Section 2.17 Public Road Access, Section 5.2 Land Division. The Township of Tay Valley advises that the proposal conforms to the designation and policies of the Official Plan.

Zoning By-law Section 3.0 General Provisions, Section 7.0 Industrial Zones. The Township of Tay Valley advises that the proposal complies with the zoning by- law regulations.

The proposal in B18/066 is to sever one 0.77-ha (1.9 acre) vacant parcel of land from 339 Bathurst 5th Concession and add to a parcel of land at 315 Bathurst 5th Concession. The proposed retained land is 1-ha (2.5 acres) in size with 114m of frontage which contains a 5000 ft2 Cabinet Shop. The enlarged property will be 2.02-ha (5.1 acres) in area with 81m of frontage which contains a dwelling.

The lot addition would be to provide a buffer between the cabinet shop and residence on the adjacent property.

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DISCUSSION

Consistent with Provincial Policy Statement Yes Conforms to Official Plan Yes Complies with Zoning By-Law Yes Recommend consent for this application Yes Recommended Conditions for each severance:

 Payment of all taxes owing  Payment of all costs incurred by the Township for review  Two copies of the Deed/Transfer  Two copies of the reference plan

PROVINCIAL POLICY STATEMENT No concerns.

COUNTY SUSTAINABLE COMMUNITY PLAN No concerns.

OFFICIAL PLAN The proposed enlarged and retained lots are designated Rural in the Official Plan. The entire retained lot and the eastern half of the enlarged lot are designated Organic Soil. However a site visit by the Planner determined that the mapping was off and in fact a small wet area exists in the rear of the proposed severed lot and lot to be enlarged but no lot lines will go through it.

ZONING BY-LAW The zoning for the retained and lot to be enlarged is Industrial (M).

A minimum lot area of 1-ha (2.5 acres) and 60 m of road frontage is required for a new lot within the Industrial zone. Both the retained and enlarged lots meet the area and frontage requirements. The existing use of the retained land meets the requirements of the Industrial zone (Cabinet making shop). The lands to be enlarged will also continue to be Industrial.

RIDEAU VALLEY CONSERVATION AUTHORITY (RVCA) RVCA has no objection or conditions of approval of the severance application. They noted an unevaluated wetland as well as a stream at the rear of the proposed severed lot.

Currently the RVCA does not regulate unevaluated wetlands, but they strongly encourage their preservation for: flood attenuation; groundwater recharge to ameliorate drought conditions; drinking water filtration and habitat provision for many species of plants and animals (often including fish).

RVCA also noted that ultimately runoff from the property flows in the Blueberry Marsh, a Provincially Significant Wetland.

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MISSISSIPPI RIDEAU SEPTIC SYSTEM OFFICE (MRSSO) The MRSSO has no objection to the severance and lot addition as proposed.

CONCLUSION The Planner recommends that the consent be granted, subject to the conditions listed in the Staff Recommendation section.

Tay Valley Township

THAT, the Council of Tay Valley Township recommend to the Land Division Committee of Lanark County that the Severance Application for PERTH CABINET CO. LTD., #B18/055 (Part Lot 25, Concession 4 geographic Township of Bathurst) be approved subject to the following conditions:

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

That, the applicant pay any outstanding fees to the Township prior to final approval.

That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township.”

Conservation Authority – RVCA The Rideau Valley Conservation Authority (RVCA) has reviewed the subject application within the context of: - Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act; - The Rideau Valley Conservation Authority ("Development, Interference with Wetlands and Alteration to Shorelines and Watercourses" regulation 174/06 under Section 28 of the Conservation Authorities Act); - The Tay River - Blueberry Creek Catchment Report;

The Proposal The Rideau Valley Conservation Authority understands that this application is for the purpose of performing an addition to a Iot severance from 339 Concession 5 to 315 Bathurst 5th Concession. According to the application approximately 0.77 hectares will be added from the rear of 339 Bathurst 5th Concession to 315 Bathurst 5th Concession. The applicant indicated that there was some organic soils on the property.

The Property The subject property is located on Bathurst 5th Concession. It is an approximately 1.77 hectare property with frontage and depth of 115 metres and 170 metres, respectively. It is a rectangular shaped property. A review of aerial photography for the subject property did not reveal the presence of any regulatory floodplain or unstable slopes. Unevaluated wetlands are located at the rear of 315 Bathurst 5th Concession. A watercourse is located south of the subject property on the

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neighbouring agricultural lands. This area overlaps with an area of organic soils. Current uses on the subject property is indicated as a "cabinet shop". The property proposed to receive the rear lands as part of the addition appear to include a residential dwelling and outbuilding.

Review Comments and Recommendations There appears to be unevaluated wetlands at the rear of 315 Bathurst 5th Concession. Unevaluated wetlands are currently not regulated by the Conservation Authority, however they may become regulated under the Conservation Authorities Act in the future (please see note on Section 139 further in this letter). Given the numerous benefits of all wetlands, the Conservation Authority strongly encourages their preservation. These 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 plants and animals (often including fish). Please note: Bill 139 received Royal Assent on December 12th, 2017 which included amendments to the Conservation Authorities Act and redefines the Conservation Authority's role in watershed management, climate change adaptability and natural hazards. Among the changes, a new Section 28 specifically changes regulation of areas over which authorities have jurisdiction. As a result, the RVCA will be reviewing the implementation of our policies and procedures to comply with the updated Conservation Authorities Act. For further information on these changes please see the following link: http://conservationontario.calpolicy-priorities/conservationauthorities-actl.

The subject lands are within the Blueberry Creek Catchment of the Tay River. Monitoring work is currently underway to assess the overall water quality index of this catchment. Ultimately, runoff from the subject lands flows into the Blueberry Marsh, a provincially significant wetland

Conclusion In conclusion, The Rideau Valley Conservation Authority has no objection to the subject application.

Septic Office – MRSSO A review of the Consent Application was conducted to ensure that the transferring of the subject lands will not impact the minimum requirements established in Part 8 of the Ontario Building Code (OBC). A site visit was conducted July 18, 2018. The applicant proposes to sever a 0.77 ha area from the retained parcel, to provide a lot addition to 315 Bathurst 5th Concession. The area to be served is open field with a sparse treeline along the existing property boundaries. No test pits were provided.

The retained parcel is approximately 1 ha. The retained parcel is developed with a Cabinet shop which is serviced by a Class 4 sewage system. The retained parcel is mostly lawn with a heavy treeline along Bathurst 5th Concession and down the east and west property boundaries. No test pits were provided.

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The lot addition, as proposed, does not impede the ability to replace, repair, operate or maintain the existing sewage systems on either lot. Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

(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 a 0.77-ha vacant piece of land from 339 Bathurst 5th Con. and add to a parcel of land at 315 Bathurst 5th Concession. Road Access The lands are accessed via Bathurst 5th Concession, an open maintained municipal road. Source Water Protection 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. Agricultural Operations –the existing lots are surrounded by lands designated Agricultural. No change in use is proposed as part of this consent application as the application is for a lot addition. 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. Local Official Plan -Tay Valley Official Plan Policies 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: size and setbacks appropriate to zoning designations, frontage on existing public roads (or

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existing private road for waterfront development), studies as required, MDS separation. The lot creation date for Tay Valley is January 1, 199 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 have been established by Tay Valley Township. Zoning The subject property is currently within the Industrial section of the Zoning By-law, which permits a number of uses, including a custom workshop and accessory dwelling unit. 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 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 Tay Valley Township and could be given favourable consideration. (e) MINUTES – December 11, 2018 Comments were received from agencies on the issues of survey and taxes. The comments were addressed through conditions to approve the application. 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. (f) 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.

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B18/066 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 of the Land Division Committee 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, and a paper copy of the deposited reference plan.

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 Roger Kidner and Catherine Colliver, legally described as Part Lot 25, Concession 4, RP 27R-4423, Part 2, Assessment Roll Number 0911 916 015 48903 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. 5. The applicants shall satisfy all the requirements of Tay Valley Township, financial and otherwise, that may be required under established by-laws for consent applications. 6. The applicant shall provide Tay Valley Township with two (2) copies of an acceptable reference plan and transfer document. 7. A letter shall be received from the Tay Valley Township stating that condition #3 through #6 has been fulfilled to their satisfaction.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Kathryn & Melville James Hearing Date: December 11, 2018

Applicant: Kathryn & Melville James LDC File #: B18/072

Municipality: Mississippi Mills Lot: 6 Conc.: 11

Geographic Township: Ramsay Consent Type: New Lot

Roll Number: 0931-929-020-53500

Purpose and Effect: To sever a 4.35-ha parcel of land with an existing house, barns, and paddocks, and to retain a 36.0-ha vacant piece of land.

DETAILS OF PROPOSAL Lands to be Severed Lands Retained

Existing Use Equestrian Centre Agricultural Proposed Use Same Same Area 4.35 ha 36 ha Frontage 250 m 650 m Depth 174 m 900 m Road - Access to Appleton Side Rd Appleton Side Rd Water Supply Existing well n/a Sewage Disposal Existing septic n/a Zoning By-law Category Agricultural Agricultural -Area (minimum) 40 ha 40 ha -Compliance? No No -Frontage (minimum) 150 150 -Compliance? Yes Yes Official Plan Designation: Agricultural 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

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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. 2.3 Agriculture Section 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c) a residence surplus to a farming operations as a result of farm consolidation (subject to conditions); and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. County Official Plan – Section 2.0 Settlement Policies, 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 Municipality of Mississippi Mills Community Official Plan - Section 3.2.3 Agricultural Consent Policies. The Municipality of Mississippi Mills advises that the proposal conforms to the designations and policies of the Official Plan Zoning By-law #11-83, Agricultural Zone. The Municipality of Mississippi Mills advises that the proposal conforms to the Zoning By-law with the proposed rezoning for the retained and the severed lands.

(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:

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Township Planner’s Report BACKGROUND Mr. James filed a severance application in 2015 which was reviewed and unsupported by the local municipality. The Junior Planner at the time suggested that the application was pre-mature without an agreement of purchase and sale for the farmland; and that the proposal involved the creation of an undersized agricultural parcel which was inconsistent with OMAFRA policy and the Provincial Policy Statement.

In 2016, following an attempt to mediate a solution with the local municipality, Mr. James withdrew his application from the County of Lanark citing the following concerns of the proposed conditions of approval:

1. He did not wish to convey the agricultural lands to another farmer for consolidation at this time;

2. He did not want to bear the cost of cash-in-lieu of parkland at the 5% value (estimated $40,000);

3. He was not interested in reducing the size of the severed equestrian lands to the minimum proposed by the municipality (being approximately 2.3 ha). In the same year, Mr. James also purchased an adjacent parcel of agricultural crop land of approximately 150 acres to the northeast of the subject lands, thereby illuminating the need to sell the holding to a third-party. Staff have also reviewed the Parkland dedication policy and have concluded that the value of dedication would be a flat rate of $1,500.00. A policy analysis for the proposed 4.35ha severance follows and provides a supportive rationale for the request.

PURPOSE & EFFECT Mr. and Mrs. James have submitted a Consent application (B18/072) to the County of Lanark requesting to sever a parcel of approximately 4.35 ha from a 40.35 ha agricultural property as an independent commercial equestrian establishment. The subject lands are located at the intersection of Appleton Side Road and Hamilton Road. The proposed severed lands represent the southwestern corner of the property and would exhibit approximately 250m of frontage on Appleton Side Road and 174m on Hamilton Road. The property would be accessed by an existing driveway on Appleton Side Road. The retained lands would maintain 650m of frontage on Appleton Side Road and an area of approximately 36ha and would continue to be rented for cash-crops.

DESCRIPTION OF SUBJECT LANDS & SURROUNDING LAND USES The subject lands are located immediately north of the intersection of Appleton Side Road and Hamilton Road. The immediate surrounding character is predominantly agricultural, with associated farm-dwellings and farming operations. The immediate area, inclusive of the lots in question, is zoned “Agricultural (A).”

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SERVICING & INFRASTRUCTURE

The proposed severance would separate an existing farm dwelling, barns, and paddocks from the parent property which is presently actively farmed as cropland. The proposed severed land, inclusive of the paddock, is integral to the operation of an equestrian establishment which has been operating on the site for several years. There are no buildings or structures on the retained lands nor are there any intentions to service or erect structures on the property. Both lots would maintain frontage on both Appleton Side Road and Hamilton Road, which are County and Municipally maintained roads respectively. The municipal servicing and infrastructure demands would not change as a result of the application.

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PROVINCIAL POLICY STATEMENT (PPS), 2014 The PPS provides policy direction on matters of provincial interest related to land use planning and development. As per Section 3(5)(a) of the Planning Act, all planning matters must be consistent with the PPS. The following is a list of applicable sections of the PPS as well as a review of the proposal against these policies: 2.3 Agriculture 2.3.1 Prime agricultural areas shall be protected for long-term use for agriculture. 2.3.3.1 In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture-related uses and on-farm diversified uses. Proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. 2.3.3.2 In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 2.3.3.3 New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. The PPS seeks to encourage longevity and vitality in agricultural land holdings for the long-term. Uses permitted on agricultural lands are largely limited to specific agricultural or directly related businesses, the definitions of which are stringent but do present opportunities for business diversification. In this case, both the cash- crop lands and established equestrian operation constitute appropriate and compatible uses as “agricultural” and “agriculture-related uses” as defined in the PPS. With respect to complying with minimum distance separation (MDS) requirements, the Applicants have noted that there are livestock facilities located on the subject property associated with the equestrian establishment. The applicant proposes to include the subject land’s existing barns as part of the severed lot. Further, all other livestock facilities in the area are located on separate properties. Thus, an MDS I setback is not required and fulfills the requirements of Section 2.3.3.3.

2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations;

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b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted, except in accordance with policy 2.3.4.1(c).

The severed lot size is 4.35ha, which has been proposed based on the existing boundaries of the commercial equestrian establishment. The boundary lines are reflective of the original farmstead (and private servicing), barns and paddock lands to the west and south of the structures. A site visit to the property confirmed that the proposed severed parcel is accurate to the existing operations and reflects the clear land use division between spaces used for paddock and adjacent croplands. While lot creation in prime agricultural lands is only permitted where new lots are limited to the minimum size needed to accommodate the use, Staff feel that the requested acreage is appropriate to support the present equestrian establishment while maintaining flexibility in the future for other similar commercial agricultural use in accordance with Policy 2.3.4.1. With respect to the viability of the retained lands, the property is presently farmed as cropland in conjunction with adjacent lands to the east of the subject lands also owned by the applicant. In order to ensure that the retained land is preserved for agricultural uses as per Policy 2.3.4.3. Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted Provincial Policy Statement interests subject to certain conditions of approval as recommended on page 1 of this report.

COMMUNITY OFFICIAL PLAN (COP) The subject lands are designated as “Agricultural” in the Municipality’s Community Official Plan (COP). The Agricultural designation restricts development on such to those uses which are compatible with and supportive of the agricultural industry. Growing of crops, raising of livestock (including non-traditional varieties) and equine related activities are recognized in the COP as permitted “agricultural uses” within the designation (Section 3.2.2(i)). 3.2 Agricultural Consent Policies 3.2.7 Severances and Lot Creation Severances and the creation of lots within the Agricultural designation shall be limited to the following: 3. Farm-related severances may be considered for the creation of a new agricultural holding provided that: i) Generally, the minimum lot area for agricultural parcels shall be approximately 100 acres. To this extent, this Plan encourages the creation of agricultural parcels in accordance with the original township lot fabric of the area.

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ii) The size of the parcels to be severed and retained is appropriate for the type of agriculture being carried out in the area. iii) The minimum lot area shall be sufficiently large to ensure the long-term flexibility of land to accommodate future agricultural uses. 4. Severance of a permitted agricultural commercial or industrial use may be considered provided the lot size is kept to a minimum in order to keep as much land as possible in agricultural production as possible. Efforts should be made to locate the operation on land of low capability for agriculture. The creation of such lots must meet the Minimum Distance Separation calculations. The severance of a commercial or industrial property shall not result in a situation where there have been more than 2 severances for commercial, industrial or residential purposes from the holdings since July 1973. The proposed severance application seeks to subdivide a parcel from an original township lot (in entirety 40ha), leaving a retained parcel of 36ha. The 36ha parcel is presently operated as cropland which the owner rents to a local farmer in conjunction with an additional 80ha of land adjacent to the property. The boundary lines proposed are reflective of the existing division of land uses on the site (being cropland and equestrian establishment) and are not anticipated to impact the viability of an agricultural operation despite the reduction of the original lot fabric. Both the retained lot and severed lot exhibit sizes which are appropriate for the type of agricultural businesses operating on the lands, as evident by their tenancy on the lands. The lot area of the severed parcel is anticipated to offer flexibility to support a variety of small-agricultural or related land uses, whereas a more traditional severance parcel size may limit flexibility for the property to adapt to offering less traditional agriculturally related or agri-tourism businesses as encouraged by Section 3.2.2 of the COP. In considering Section 3.2.7.4, staff noted in a visual inspection of the site, that both the topography and geology of the site visibly changes between the lands actively used as cropland and those where the paddock is located. In speaking with the owner, he noted that the distinction between the two uses speaks to the less than optimal conditions of the paddock lands for traditional crop harvesting. As such, the use of the lands as an agricultural commercial or industrial use (such as an equestrian establishment or like business) would be both an appropriate and rational use of the lands. Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted Consent policies within the COP subject to the successful approval of a rezoning application.

ZONING BY-LAW #11-83 The subject property is zoned “Agricultural (A)” by the Municipality’s Comprehensive Zoning By-law #11-83.

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Agricultural (A) Zone As noted, the proposed severance would separate an existing farm dwelling, barns and paddock lands, from the entirety of agriculturally viable land. The lands are presently zoned Agricultural (“A”). The proposed equestrian establishment as an “agricultural use” would fail to comply with lot area and frontage requirements of the zone. As such, as a condition of approval the Municipality recommends the severed lands be re-zoned into an Agricultural Commercial (C1) designation, which provides consideration for agricultural related operations on smaller lot areas. Equestrian establishments, accessory dwellings units and similar agriculturally related business and services are permitted within the classification. The following table outlines the key zone provisions for consideration in the lot division application: Table 1: A and CI Zone Standards vs. Proposed Lot Dimensions

(A) Agricultural Severed Zone Provision Retain Commercial Lands

Lot area (ha) 40 36 0.2 4.35 Lot frontage 150 650 30 250 (m) Lot coverage 5% 0% 35% 3.2% (max)

Zoning Bylaw #11-83 also contains provisions pertaining to the creation of an agricultural or rural lot used for non-residential uses that provides exemption to the lot area and/or frontage minimums provided all other provisions of the zone area satisfied (Section 7.1.3). As such, the reduced lot area of the retained lands can be deemed to be acceptable and compliant with the Zoning provisions.

Recommendation: Staff is of the opinion that the proposed retained lands comply with the provisions of the Agricultural Zone, but should be subject to a zoning amendment application to prohibit future residential uses on the property. Similarly, it is recommended that the severed lands also be subject to a zoning amendment application to recognize an Agricultural Commercial (C1) designation of the property to ensure appropriate future uses of the site.

CONCLUSION In reviewing the application staff are confident that the application is appropriate and reasonable development for the subject lands. The application is consistent with and conforms to the Planning Act, Provincial Policy Statement and Community Official Plan and with appropriate conditional Zoning Amendment Applications will satisfy the provisions of the Zoning Bylaw. The application presented is logical and desirable for the community of Mississippi Mills and is conscientious of the preservation agricultural interests in the Municipality without limiting sustainability of the operations in the future.

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Municipality of Mississippi Mills Recommendations: THAT the Municipality of Mississippi Mills has no objection to the lot taken from the lands described as Concession 11 Part Lot 6, Ramsay Ward, Municipality of Mississippi Mills, municipally known as 4356 Appleton Side Road, subject to the following conditions: 1. That the owner pays 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; 4. That the applicant rezones the retained vacant agricultural parcel to prohibit the construction of a residential dwelling on the lands; and 5. That the applicant rezones the severed lands to Agricultural Commercial to recognize the equestrian establishment and other like uses; 6. That cash-in-lieu of parkland be paid in accordance with the Municipality’s Cash-In-Lieu of Parkland/Parkland Conveyance By- law; 7. That the applicant registers a covenant on title of the severed parcel stating that the lot is adjacent to an agricultural area and may therefore be subject to noise, dust, odours and other nuisances associated with agricultural activities.

Conservation Authority – MVCA

Mississippi Valley Conservation Authority (MVCA) has been circulated the above noted application to conduct a review in terms of MVCA Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion. PROPOSAL It is our understanding that the purpose of the subject application is to sever one developed lot with an area of 4.35 ha, and retain a 36 ha agricultural landholding.

PROPERTY CHARACTERISTICS According to a review of available GIS mapping, MVCA's regulation limit extends into the southern half of the severed lands and a small section of the retained lands. This regulation limit represents the 120 m adjacent to a Provincially Significant Wetland (PSW) that is located on the opposite side of Hamilton Rd. Mapping also shows a tributary of the Mississippi River that flows across the northeast corner of the retained lands. In addition, according to GIS mapping provided by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), the subject property consists of lacustrine marine clay.

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REVIEW Natural Heritage Features Watercourse A minimum development setback of 30 m is recommended from any watercourse, including the unnamed watercourses identified on the retained lands. Sufficient area appears to exist on the retained lands for new development beyond the minimum setback of 30 m.

PSW As previously indicated, a portion of the retained land consists of a PSW. And, the severed lands are located entirely within the 120 m adjacent lands to this feature. Guidelines prepared in support of the Provincial Policy Statement (PPS) require that new development and site alterations, including the creation of new lots, within 120 m of a PSW only be permitted if it has been demonstrated that there will be no negative impacts on the natural features or ecological functions of the feature identified. However, in this particular case, the severed lands are already developed and no new development is proposed at this time. And, sufficient area exists for new development on the retained lands beyond this regulated area. Furthermore, the PSW is located on the opposite side of a travelled road. Therefore, impacts to the PSW are not anticipated as a result of the subject application.

Natural Hazards It is provincial policy that: "Development shall generally be directed to areas outside of "c) hazardous sites" (Provincial Policy Statement 2014, Section 3.1.1.). The PPS defines Hazardous sites" as lands that could be unsafe for development and site alteration due to naturally occurring hazards, including unstable soils (sensitive marine clays [leda]".

The subject property has been mapped as having Lacustrine Clay i.e. Marine Clay which is considered an Unstable Soil. We note the subject lands are relatively flat, and MVCA's review is primarily focused on unstable soils as they relate to slopes. However, we suggest that municipalities and homeowners consider the presence of this soil in the design of any potential new construction.

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, MVCA does not have any objection to the subject application provided the following is implemented on the retained lands: 1. Future development, including a septic system shall be setback a minimum of 30 m from the high water mark of the watercourse. 2. Shoreline vegetation surrounding the watercourse shall be retained to a minimum depth of 15 m. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the watercourse or onto adjacent properties.

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NOTES A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard. We recommend that the municipalities and homeowners consider the presence of Lacustrine Clay on the subject property if future development is proposed, as mitigation measures may be necessary.

The applicant should be advised that, pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses", a permit is required from MVCA prior to development any potential future alterations within 120 m of the PSW on both the severed and retained lands, and for any alteration to the shoreline of the watercourse on the retained lands.

Septic Office – Leeds, Grenville & Lanark District Health Unit

General Description Severed – a 4.35 ha parcel of land with an existing house serviced by a well and septic system. There is an equestrian riding centre with barn and paddock area.

Recommendation Severed – additional sandy loam fill will be required in the area of the future replacement leaching bed.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections. Lanark County Public Works Access (Entrance) to County Road Lands to be Severed - File # B 18/072 Applicant has an approved, existing entrance to the County Road, Permit # 2517 relates. Lands to be Retained Applicant has an approved, existing entrance to the County Road, Permit # 1769 relates. Land for Road Purposes Road Widening: Sufficient lands shall be deeded to "The Corporation of the County of Lanark" along the frontage of the lot to be severed to meet the municipality's road widening requirements, at no cost to the County. Sufficient lands may be required across the frontage of the retained lands to meet the municipality's road widening requirements, and in these cases, the applicant shall enter into a land purchase agreement with the County. The County of Lanark Director of Public Works shall be consulted prior to commencing a survey to determine the amount of road widening required. If land is required, "In Preparation" Transfer documents are to be submitted to the Business Manager, Lanark County Public Works Department for review and approval prior to registration, 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.

Road Closing: If former road is determined to be meandering through the severed lot, the applicant shall be required to identify the former road on the reference plan and enter into an agreement with the "The Corporation of the County of Lanark" for the purposes of completing a road closing and transfer of the identified former road property.

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Approvals & Documentation: The reference plan must be approved by the Lanark County Public Works Department prior to registration if either road widening or road closing is applicable. In all cases, even if there is no road widening or closing, following registration of the reference plan, one paper copy shall be provided to the County of Lanark Public Works Department, together with a copy of the parcel register for the "PIN" that is the county road, parallel to the frontage of the lands to be severed.

Agricultural Operations The lands to be severed contain existing agricultural operations which are to be the continued use. The retained lands as well as adjoining lands in the same ownership are used for crops. Soils Inventory – Name: Snedden - Stoniness: non-stony - CLI: 1 – no limitations - Drainage: imperfect - Hydrogeology: high runoff 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.

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2. Local Official Plan – Municipality of Mississippi Mills

Section 3.2 provides Agricultural Consent Policies. Section 3.2.7 provides that

Severances and the creation of lots within the Agricultural designation shall be limited to the following, Section 4 states that “Severance of a permitted agricultural commercial or industrial use may be considered provided the lot size is kept to a minimum in order to keep as much land as possible in agricultural production as possible. Efforts should be made to locate the operation on land of low capability for agriculture. The creation of such lots must meet the Minimum Distance Separation calculations. The severance of a commercial or industrial property shall not result in a situation where there have been more than 2 severances for commercial, industrial or residential purposes from the holdings since July 1973.

The lot to be severed and the lot to be retained will be continued to be used for agricultural purposes, and therefore comply with the Official Plan. Zoning The use of the lot to be severed is agricultural commercial, a zoning by-law amendment to rezone the lands to the appropriate zone for the use as an equestrian centre is recommended as a condition of consent. Conclusion 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 Municipality of Mississippi Mills and could be given favourable consideration. (e) MINUTES – December 11, 2018 Kathryn and Melville James, owner attended the hearing and gave evidence under oath. Mr. James a few years ago tried something similar but was not supported by the Township, bought an additional 150 acres. Comments were received from agencies on the issues of survey, zoning, and road widenings. The comments were addressed through conditions to approve the application. Committee reviewed the staff report and draft conditions.

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Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. (f) 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. B18/072 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 of the Land Division Committee 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, and a paper copy of the deposited 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 Municipality. 4. The applicant shall provide the Municipality of Mississippi Mills with two (2) copies of an acceptable reference plan and transfer document. 5. The applicant shall provide the Municipality of Mississippi Mills with digital copies of the registered reference plan in .DWG and .PDF file formats. 6. The applicant shall rezone the retained vacant agricultural parcel to prohibit the construction of a residential dwelling on the lands. 7. The applicant shall rezone the lands to be severed to an Agricultural Commercial zone to recognize the equestrian establishment and other like uses. 8. Payment shall be made to the Municipality 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 register a covenant on title of the severed parcel stating that the lot is adjacent to an agricultural area and may therefore be subject to noise, dust, odours and other nuisances associated with agricultural activities. 10. Road Widening: Sufficient lands shall be deeded to “The Corporation of the County of Lanark” along the frontage of the lot to be severed to meet the municipality’s road widening requirements, at no cost to the County. Sufficient lands may be required across the frontage of the retained lands to meet the municipality’s road widening requirements, and in these cases, the applicant shall enter into a land purchase agreement with the County. 11. The County of Lanark Director of Public Works shall be consulted prior to

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commencing a survey to determine the amount of road widening required. 12. If land is required, “In Preparation” Transfer documents are to be submitted to the Business Manager, Lanark County Public Works Department for review and approval prior to registration, 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. 13. Road Closing: If a former road is determined to be meandering through the severed lot, the applicant shall be required to identify the former road on the reference plan and enter into an agreement with the “The Corporation of the County of Lanark” for the purposes of completing a road closing and transfer of the identified former road property. 14. Approvals & Documentation: The reference plan must be approved by the Lanark County Public Works Department prior to registration if either road widening or road closing is applicable. In all cases, even if there is no road widening or closing, following registration of the reference plan, one paper copy shall be provided to the County of Lanark Public Works Department, together with a copy of the parcel register for the “PIN” that is the county road, parallel to the frontage of the lands to be severed. 15. A letter shall be received from the Municipality of Mississippi Mills stating that condition # 3 through # 9 has been fulfilled to their satisfaction. 16. A letter shall be received from the County of Lanark Public Works Department stating that condition # 10 through # 14 has been fulfilled to their satisfaction. NOTES 1. Mississippi Valley Conservation Authority notes that the municipality and homeowners consider the presence of Lacustrine Clay on the subject property if future development is proposes, as mitigation measure may be necessary. 2. Mississippi Valley Conservation advises that pursuant to Ontario Regulation 153/06 - “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”, a permit is required from MVCA prior to development and potential future alterations within 120 m of the PSW on both the severed and retained lands, and for any alteration to the shoreline of the watercourse on the retained lands.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Gwen and Randy Thomas Hearing Date: December 11, 2018

Applicant/Agent: Jacalyn Grimes LDC File #: B18/081

Municipality: Drummond / North Elmsley Lot: Pt. Lot 6 Conc.: 5

Geographic Township: North Elmsley Consent Type: Lot Addition

Roll Number: 0919 908 010 06701

Purpose and Effect: to sever a 0.3034 ha vacant piece of property located at 208 Salter Lane and add to an existing developed lot located at 107 Salter Lane.

The retained lands are an oddly shaped parcel which contain an area of 35.2 ha Official Plan Designation: Rural 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. 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 2.0 Settlement Policies, 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 3 General Provisions, Section 4.3 Rural Policy Area, Section 5.3 Local Roads, Section 6.3 Division of Land. The Township of Drummond / North Elmsley advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law Section 4 General Provisions, Section 7 Rural Zone The Township of Drummond / North Elmsley advises that the proposal complies 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 REVIEW OF PROPOSAL AND APPLICATION An application for consent B18/81 has been received from the County of Lanark Land Division Committee for the creation of one residential lot for lands legally described as Part Lot 6, Concession 5, geographic Township of North Elmsley.

The purpose of the application is to sever a 0.3034-ha parcel of land as a lot addition to lands located at 107 Salter Lane and to retain a 35.207 -ha landholding with an existing dwelling, located at 208 Salter Lane.

OFFICIAL PLAN Applications for consent must be evaluated with the policy directives of Section 6.3, which provides direction for the division of lands within the Township. The property is designated as Rural on Schedule 'A' of the Township's Official Plan. The lands to be enlarged have an additional designation of Flood Fringe and Flood Line. Schedule 'B' (overlay mapping) indicates that the lands fall within a Source Water Protection Area - the IPZ - Score 8 of the Smiths Falls Water Intake Area.

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Development within this are will require a review by the Risk Management Official.

The lands being severed are in proximity to the Rideau Canal and once consolidated on title will be adjacent to the canal. Therefore any new development will be subject to Site Plan Control.

ZONING The subject property is zoned as Rural Special Exception 32 (RU-32) and Limited Service Rural (LSR) in the Township's zoning by-law. The lands to be enlarged are zoned as Limited Service Rural (LSR). A re-zoning will be required to unify the zoning to Limited Service Residential.

The lot addition will increase the existing undersized lot from 0.1 05-ha to 0.408-ha and is considered to be a benefit. The addition of the lands to the existing undersized lot will bring the size of the lot into conformity with the provision of the Zoning By-law (minimum lot size O.4-ha). The retained lands will continue to maintain their conformity to the Rural zone.

NOTES: 1. The lands shall be consolidated with lands owned by Jacalyn Kristina Grimes at 107 Salter Lane. 2. The property owner should be advised that the lands fall within the Smiths Falls Intake Area - IPZ Score 8 and that any development may require review by the Risk Management Official. 3. The property owner should be advised that any new development will be subject to Site Plan Control.

Conservation Authority – RWDRT – RVCA and Parks Canada

The Rideau Valley Conservation Authority (RVCA) has reviewed the subject application within the context of: - Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act;-

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- The Rideau Valley Conservation Authority ("Development, Interference with Wetlands and Alteration to Shorelines and Watercourses" regulation 174/06 under Section 28 of the Conservation Authorities Act); - The Rideau - Smiths Falls Catchment Report. and Parks Canada-Rideau Canal Office within the context of: - The Federal Fisheries Act; - The Historic Canals Regulations; - The National Historic Site and UNESCO World Heritage designations of the Rideau Canal.

The Proposal The Rideau Valley Conservation Authority understands that this application is for an addition to a lot consent to sever. The proposed severance would see 0.3034 hectares added to 107 Salter Lane from 208 Salter Lane. The result would be that 107 Salter Lane would become a property of approximately 0.4048 hectares with a frontage on Salter Lane of approximately 167.64 metres. 208 Salter Lane would then become a 35.207 hectare parcel and maintain its current frontage.

The Property The subject property is a small lot located partially within the floodplain. The 1:100 year floodplain at this location is 123.04 metres above sea level (geodetic) with an energy gradient of 123.10 metres above sea level (geodetic). Although 208 Salter Lane is located within a Provincially Significant Wetland (The Swale) and the adjacent lands from this feature, 107 Salter Lane is not. The subject property is located within an area of Source Water Protection, it is upstream of the Town of Smiths Falls drinking water supply and has been assigned a vulnerability of IPZ-3 - vulnerability score of 8, 107 Salter Lane is occupied by a small single-storey cottage with landscaped deck. Its shoreline can be characterized as altered and improvements should be made to improve shoreline plantings as a result of future developments. The location of the weIl and septic system were not able to be determined during the site visit. The subject property is approximately 200 metres downstream of the Poonamalie Dam.

Neither unstable slopes nor unevaluated wetlands were encountered during our s site visit.

1:100 year Floodplain As indicated above; 107 Salter Lane is located within the 1: 1 00 year floodplain. The elevation of the floodplain at this property is 123.04 metres above sea level (geodetic). As indicated on our mapping, the existing structure would be partially affected by floodwaters during a 1 : 1 00 year flood. In addition to the elevation of ` 123.04, there is an energy gradient of 123.10 metres above sea level (geodetic), When an energy gradient is indicated as being higher than the 1:100 year floodplain it is often indicative of narrow channels where flooding could be temporarily higher due to channel shape and volume.

Source Water Protection Act The subject property is identified as Protection Zone 3 (Intake Protection Zone 8). Although identified in this area, a review of the source protection requirements for

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planning applications in this area did not reveal any prohibited uses from the proposed development, nor requirements for risk management plans or transport pathway consultation requirements.

Rideau - Smiths Falls Catchment The property is located within the Rideau - Smiths Falls catchment area of tile Middle Rideau subwatershed. The Rideau - Smiths Falls Catchment identifies that the subject property is currently occupied by non-natural land cover within the 30 metre buffer from the Rideau River. Improving and maintaining a 30 metre vegetative buffer provides a variety of benefits to the natural environment. It provides shoreline stability which assists in reducing erosion: provides thermal mitigation by regulating the temperature of overland water before it enters the river; provides shading and instream woody debris which provides habitat for fish species; filters nutrients before they enter the river which assists with reducing algae blooms.

The Catchment Report also identifies that the subject property is identified as overlying a highly vulnerable aquifer. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist it may be possible for contaminants to enter drinking ground water supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater.

Review Comments and Recommendations It is the opinion of the RVCA that the proposed severance application will provide the potential for future improvements to flooding hazards and conservation of land for the proposed severed property. An increase in lot size would mean that there is the potential to locate future septic systems outside the floodplain. In addition, redevelopment (reconstruction or additional buildings) of the site could also be permitted outside the floodplain.

The applicants should be made aware that any alteration to the shoreline, or development within the floodplain, requires the prior written approval from the RVCA in accordance with Ontario Regulation 174/06 (Development, Interference With Wetlands and alterations to Shorelines and Watercourses).

Parks Canada Comments and Recommendations Parks Canada-Rideau Canal Office is the approval authority for all in-water and shoreline works along the Canal system. If the landowner wishes to carry out any in-water and shoreline works including, but not limited to, docks, decks, launch ramps, beaches and dredging, vegetation removal and shoreline stabilization devices, the Rideau Canal Office· must be contacted and written approval obtained prior to the commencement of construction.

Regarding the Rideau Canal National Historic Site Management Plan, Parks Canada has committed to the people of Canada for the ongoing conservation and stewardship of the waterway. One of the guiding principles for the vision of the Rideau Canal is that the historic values, natural features, scenic beauty and

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diversity of cultural landscapes constitute its unique heritage character and should be respected (Section 3.2).

With the inscription of the Rideau Canal as a UNESCO World Heritage Site in 2007, the World Heritage Committee recommended the protection of the visual setting of the Canal in order to ensure the visual values of the setting are protected alongside environmental values. One way this can be done is through limiting development within the 30 metre buffer zone. Parks Canada staff recommend that new development be unobtrusive, visually screened and integrated within the vegetation and topography.

Conclusion In conclusion, the RVCA, nor the RWDRT have any concerns with the proposed addition to a Iot severance application. The RVCA and RWDRT would like its review comments noted on any decision.

Septic Office – Leeds, Grenville and Lanark District Health Unit

General Description Retained – a 0.303 ha parcel of land with no existing buildings, Trees with low lying vegetation throughout the property. Varying slope and soil depth.

Recommendations Severed – additional sandy loam fill may be required for the installation of the proposed septic system.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

(c) PUBLIC INPUT One 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.

We are writing in opposition to the proposed severance of lands. In 2007 we signed an agreement with Randall Thomas to allow us access over this piece of property at the cost of $100.00 annually. Should the Township allow this transfer it will violate the Road Access Act (2 (1) No person shall construct place or maintain a barrier or other obstacle over an access road , not being a common road, that, as a result, prevents all road access to one or more parcels of land or to boat docking facilities therefor, not owned by that person) and effectively land lock our property which is a violation of the Planning Act. As we have travelled this access driveway for over 10 years the Township must allow this piece to be a Travelled Right of Way. We must continue to have unimpeded access to our property and it is the Townships responsibility to ensure this occurs.

We further request that a survey is properly conducted in this transfer to confirm the legal Registered Right of Way and to confirm our legal access driveway.

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Currently I believe it is located through the property at 107 Salter Lane where the tenants park.

Donna MacRae 101 Salter Lane (d) PLANNING REVIEW Background and Summary The applicant proposes to sever a vacant parcel of land as a lot addition to an existing developed undersized lot. Road Access The lands are accessed via Salter Lane, which is a private road. Water Supply Source Water Protection 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. See comments from RWDRT. Natural Heritage The Rideau Canal is adjacent to the subject lands.

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2. Local Official Plan Local Official Plan 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 area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. Zoning The subject properties are currently within the Rural and the Limited Service Residential section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. A rezoning is required as a condition to place the lands in a consistent zone. The existing lot at 107 Salter Lane is a non-complying lot, the lot addition will increase the lot area and once consolidated the lot will comply with the zoning by- law provisions for area. Conclusion 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 Drummond / North Elmsley and could be given favourable consideration. (e) MINUTES – December 11, 2018 Randy Thomas, owner attended the hearing and gave evidence under oath. Donna McRae and Mr. Barr were in attendance and were affirmed. McRae and Barr advised as per their letter that their access is off of Salter Lane and the right of way is on the lands to be severed. They want the current access and agreement with the owner to remain in place. The property abuts another road, however it is not feasible to construct a new driveway. Public comments were received on this application on the issue of access. The comments were addressed through conditions to approve. Comments were received from agencies on the issues of taxes, survey, and

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zoning. The comments were addressed through conditions to approve the application. Committee reviewed the staff report and draft conditions. The conditions were revised to include a condition to ensure the existing right of way remains. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. (f) 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. B18/081 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 of the Land Division Committee 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, and a paper copy of the deposited reference plan. 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 Jacalyn Feenstra, described as Part Lot 6, Concession 5, RP 27r-7446 Part 2, Assessment Roll Number 0919 908 010 06200 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”. 3. The existing right of way will be maintained and an agreement to be registered on title to provide access across salter Lane to the lands located at 101 Salter Lane. The existing maintenance agreement will remain. 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 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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6. The applicant 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. 7. The applicant shall complete a Zoning By-law Amendment to rezone the entire consolidated parcel to the Limited Service Residential (LSR) Zone. 8. A letter shall be received from the Township of Drummond / North Elmsley stating that condition # 3 through # 7 has been fulfilled to their satisfaction. NOTES 1. 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 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. 2. The owner should be advised that the lands fall within the Smiths Falls Intake Area – IPZ – Score 8 and that any development may require review by the Risk Management Official. 3. The owner should be aware that any new development will be subject to Site Plan Control.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: William Ballinger Hearing Date: December 11, 2018

Agent: LDC File #: B18/085 & B18/086

Municipality: Beckwith Lot: S. 25 Conc.: 1

Geographic Township: Consent Type: New Lots

Roll Number: 0924-000-015-01300

Purpose and Effect: To create two new lots.

B18/085: To sever a 0.81 ha vacant lot, for residential purposes. B18/086: To sever a 0.81ha vacant lot, for residential purposes.

The retained lands contain an existing residential dwelling.

DETAILS OF PROPOSAL Lands to be Lands to be Lands to Severed Severed be Retained Existing Use Vacant Vacant Residential Proposed Use Residential Residential Residential Area 0.81 ha 0.81 ha 44.08 ha Frontage 60 m 60 m 180 m Depth 135 m 135 m Irregular Road - Access to Beckwith Boundary Beckwith Boundary Beckwith Water Supply Proposed well Proposed well Existing well Sewage Disposal Proposed septic Proposed septic Existing septic Zoning By-law Category RU & Aggregate RU & Aggregate RU & -Area (minimum) .81 ha .81 ha Aggregate -Compliance? Yes Yes .81 ha -Frontage (minimum) 45 m 45 m Yes -Compliance? Yes Yes 45 m Yes Official Plan Designation: Rural, and Mineral Aggregate Pit Conformity: Yes (a) APPLICATION REVIEW 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.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.

2.5 Mineral Aggregate Resources Section 2.5.2.1 As much of the mineral aggregate resources as is realistically possible shall be made available as close to markets as possible. Section 2.5.2.4 Mineral aggregate operations shall be protect from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. Section 2.5.2.5 In known deposits or mineral aggregate resources or on adjacent lands, development and activities which would preclude or under the establishment of new operations or access to the resources shall only be permitted if: a) resource use would not be feasible; or b) the proposed land use or development serves a greater long-term public interest; and c) issues of public health, public safety and environmental impact are addressed. County Official Plan – Section 2.0 Settlement Policies, 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.

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Local Official Plan Section 4.1General Development Policies, Section 4.5 Rural, Section 4.5 Division of Land, Section 6.2 Flood Plain, Section 6.4 Mineral Aggregate Pit Zoning By-law Number 91-14, Section 11.1 Rural, 12.1 Flood Plain, 14.3 Mineral Aggregate - Pit Reserve Area

(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 DESCRIPTION OF PROPOSAL The applicant has applied to sever two lots from the existing landholding on Beckwith Boundary Road. Each lot would meet the minimum requirements of 2 acres, with 45 metres of road frontage.

The severance would be dependent on the associated re-zoning and Official Plan amendment, which would see the Aggregate area re-zoned as Rural in both documents.

DESCRIPTION OF SUBJECT LANDS The northern portion of the property is low-lying flood plain. The southern portion of the land is partially forested, with a portion appearing to be used for agricultural purposes.

OFFICIAL PLAN The Township's Official Plan considers this lot to be Flood Plain, Rural, and Mineral Aggregate Pit. The Township's Official Plan permits three severances per original 100-acre lot, and two severances per original 50 acre lot. Under either consideration, two severances would be permitted from this lot, since the subject landholding is the only severance from the original 100 acres. Part of the subject lot is designated "Mineral Aggregate Pit" in the Township's Official Plan.

Because this designation is quite restrictive, the property will have to be re- designated before residential development can be permitted.

ZONING BY-LAW The Township's Zoning By-law considers this lot to be Flood Plain, Rural, and- Mineral Aggregate - Pit Reserve Area. The Flood Plain portion of the land is in the north, and is a minimum of 100 metres from the road, so there should be enough space outside the floodplain for the development of two residential dwellings. A formal severance proposal would be circulated to RVCA for review.

The Mineral Aggregate Reserve zone would preclude any residential development from occurring on the property, as residences are not permitted within 120 metres of a Mineral Aggregate Pit.

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OPTIONS I ANALYSIS The applicant commissioned a report by a geologist from SNC-Lavalin in 2015, who concluded that mineral extraction on the site would not be feasible. On this basis, the applicant proposes to rezone the land to Rural. The aggregate reserve site extends south to the City of Ottawa and Montague. Staff has reached out to both municipalities, as well as MNRF. MNRF agrees with the geologist's report, and does not believe mineral extraction is feasible. Neither Montague nor Ottawa have setback requirements that would limit development on the lots.

Reeve Richard Kidd previously suggested the applicant could have the entire strip of aggregate land - which traverses three properties - re-zoned. The applicant reached out to his neighbours, who agreed, and signed the application form to have him represent them. This will have to apply to the Official Plan amendment as well.

Township of Beckwith Recommendations: MINUTES FROM PLANNING COMMITTEE Planning Administrator Stephen Closs briefly recapped the severance application, which seeks to sever two 2-acre lots from a 50-acre quarter lot. Part of the lot in zoned as Mineral Aggregate Reserve. The applicant previously commissioned a geologist's report that concluded extraction is unfeasible, and this was supported by MNRF. The Planning Administrator noted that the Aggregate designation is quite strict in the Official Plan as well as the Zoning By-law, and that both a re-zoning and an OP amendment would be required. The Committee noted that the OP amendment could be a long process, and concluded that that should be a condition of the eventual building permits, and not the severances, so that it does not hold up the severances being finalized.

The Planning Committee recommends to Council to support severance application B18/085 and B18/086, subject to the following conditions and advisory notes: Conditions 1. That the balance of any outstanding taxes, including penalties and interest, hall be paid to the Township; 2. That the applicant provides the Township with a paper and digital copy of the reference plan; 3. That the applicant confirms that residential entrance to the subject lot is approved by the Public Works Superintendent. 4. That the applicant shall obtain Zoning By-Jaw Amendment approval for a portion of the lands from "Mineral Aggregate - Pit Reserve" to "Rural".

Advisory Note 1. That all structures are located under the guidance of the Chief Building Official in accordance with the Ontario Building Code and all municipal Bylaws. 2. That the applicant shall obtain Official Plan amendment approval for a portion of the lands from "Mineral Aggregate Pit” to "Rural", prior to receiving building permits.

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Conservation Authority – RVCA

The Conservation Partners Planning and Development Review Team has completed a review of the above noted application for Consent approval to permit the severance of two lots for residential purposes. We have undertaken our review within the context of Section 1.6.6 Sewage, Water and Stormwater, 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement, 2014 issued under Section 3 of the Planning Act, and from the perspective of the Conservation Authority regulations. The following comments are offered for your consideration.

Natural Heritage / Natural Hazards Floodplain A portion of the subject lands are located within the King’s Creek regulated floodplain. The proposed severed lots are located largely outside of the floodplain and there is sufficient area for the proposed development outside of the regulated floodplain. It should be noted that the subject lands are located within the RVCA’s regulated area. While not proposed at this time, future development may require written permission prior to proceed. The owner is advised to contact the RVCA prior to proceeding.

Conclusion The RVCA has no objection to the above noted consent applications.

Septic Office – Leeds, Grenville and Lanark District Health Unit. Same comments are applicable to both consent applications.

General Description Severed– a 200 feet by 196 foot vacant parcel of land. Land is an open field with gentle slope.

Recommendations Severed– additional sandy loam fill will be required in the area of the leaching bed.

General Description Retained – a 180 m by 600 m farm parcel with an existing house serviced by a drilled well and septic system. The land has sufficient area to replace the septic system in the future.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

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land contains an existing residential dwelling. Road Access The lands are accessed via Beckwith Boundary Road, a municipally maintained road. Source Water Protection 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 See RVCA comments above.

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. 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. Both the County Official Plan schedule and the Township of Beckwith Official Plan schedule include a portion of the lands within an Aggregate designation. The area designated as aggregate is an odd shape and is located where the existing dwelling unit is.

The Township of Beckwith Official Plan states as an objective to: 3.4 (4) protect land that contains identified mineral resources and is suitable for current or future mineral aggregate extraction or mining operations. The owner retained a geologist from SNC-Lavalin in 2015 whom concluded that mineral extraction on this site would not be feasible.

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The Official Plan of Beckwith provides policies for the removal of an aggregate designation as follows:

6.2.11 The removal of part of the Mineral Aggregate designation from the Schedule will require an amendment to this Plan. Such an amendment will provide justification for the change in designation and clearly demonstrate and document the need for the alternate land use. In considering such amendments, Council will consult with the Ministry of Natural Resources and shall take into account the following: (i) evidence provided by the applicant that aggregate extraction is not feasible due to quality, quantity or other development constraints; (ii) the necessity of the alternate land use in comparison to the necessity of the mineral aggregate resource; (iii) the reason for the choice of the location and consideration given to alternate locations on non-aggregate lands; (iv) the consideration given to the option of sequential land use in which the mineral aggregate is removed prior to development of land for the proposed use. The Township has recommended a zoning by-law amendment to rezone the lands from “Mineral Aggregate – Pit Reserve “ to Rural. It is only a portion of the lands which are within the Mineral Aggregate – Pit Reserve zone, and this area of the site is currently developed. In consultation with the Township Planning Administrator it is recommended that due to the SNC Lavalin report, the small area of the Mineral designation and zone on the subject lands, and that the area designated Mineral is already developed, that an Official Plan Amendment be considered as a “housekeeping” amendment by both the County and the Township and that the Mineral Aggregate designation be removed from the subject lands during the review / update of the County and the Township Official Plan’s. The applicant shall be responsible for the Zoning By-law Amendment prior to final approval of the consent. The MNRF Pits and Quarries on-line web site, does not identify a licenced pit on or in the vicinity of the subject lands. The MNRF has advised that the area designated is an independently small area and not feasibile to develop as a mineral aggregate pit. 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. 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.

There is a portion of the property that has a Mineral Aggregate - Pit Reserve Area

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designation. The Township recommends a Zoning By-law Amendment to remove the Mineral Aggregate – Pit Reserve and zone the lands as Rural. Conclusion 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 Beckwith and could be given favourable consideration. (e) MINUTES – December 11, 2018 William Ballinger, owner attended the hearing and gave evidence under oath. Dan Murphy asked about zoning. Comments were received from agencies on the issues of survey, rezoning. The comments were addressed through conditions to approve / changes to the mapping or text, etc the application. Committee reviewed the staff report and draft conditions. The conditions were revised to remove the installation of the entrance, permit is required. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. (f) 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.

B18/085 and B18/086 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 of the Land Division Committee 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, and a paper copy of the deposited reference plan.

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3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicant shall provide the Township of Beckwith with a registered paper copy of the reference plan. 5. The applicant shall submit a full and complete entrance permit application to the Township. 6. That the applicant shall obtain a zoning by-law amendment to remove the Mineral Aggregate – Pit Reserve zone from the property. 7. A letter shall be received from the Township of Beckwith stating that condition # 3 through # 6 has been fulfilled to their satisfaction.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Kevin James & Carol Franklin Hearing Date: December 11, 2018

Applicant/Agent: Kevin James LDC File #: B18/087

Municipality: Tay Valley Township Lot: 4 Conc.: 6

Geographic Township: North Burgess Consent Type: New Lot

Roll Number: 0911-911-025-25500

Purpose and Effect: To sever a .4451-ha vacant residential lot and retain a .7891-ha residential lot with an existing cottage.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Vacant Cottage Proposed Use Residential Cottage Area 0.45 ha 0.8 Frontage 60m - water 65 m – water Depth 76 m 88 m Road - Access to Blair Poole Farm Lane Blair Poole Farm Lane Water Supply Proposed well Lake Sewage Disposal Proposed septic Septic Zoning By-law Category RS RS -Area (minimum) 0.4 ha 0.4 ha -Compliance? Yes Yes -Frontage (minimum) 60 m 60 m -Compliance? Yes Yes Official Plan Designation: Rural 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

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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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. 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 restored. County Official Plan – Section 2.0 Settlement Policies, 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.

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Local Official Plan Section 3.0 Rural, Section 3.4 Provincially Significant Wetlands, Section 4.5 Private Roads, Section 5.2 Land Division. The Township of Tay Valley advises that the proposal conforms to the designation and policies of the Official Plan.

Zoning By-law Section 3.0 General Provisions, Section 10 Rural Zones. A Zoning By-law Amendment was required to permit a permanent residential dwelling on a private road. The Township of Tay Valley advises that the zoning by-law has been approved and therefore the proposal complies 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

BACKGROUND The proposal in B18/087 is to sever a 4450m2 vacant residential lot and retain a 7890m2 (1.9 acre) residential lot with an existing cottage.

DISCUSSION Consistent with Provincial Policy Statement Yes Conforms to Official Plan No Complies with Zoning By-Law No Recommend consent for this application Yes Recommended Conditions for each severance:

 Payment of all taxes owing  Payment of all costs incurred by the Township for review  Two copies of the Deed/Transfer  Two copies of the reference plan  $400 cash in lieu of parkland  Rezone to Residential Limited Services

PROVINCIAL POLICY STATEMENT No concerns.

COUNTY SUSTAINABLE COMMUNITY PLAN No concerns.

OFFICIAL PLAN The proposed severed and retained lots are designated Rural in the Official Plan. Residential uses are permitted in the Rural zone.

Section 5.2.3.4 Consent Policies requires that lots created by consent shall generally front onto public roads; however, consents may be permitted on existing private roads for waterfront residential lots, subject to the proposed lot being

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rezoned to Residential Limited Services.

ZONING BY-LAW The zoning is Seasonal Residential (RS).

A minimum lot area of 4050m2 and 60 m of frontage is required for a new lot within the Seasonal Residential zone. Both the retained and severed lots meet the area and frontage requirements.

The proposed new and retained lots will be rezoned to Residential Limited Services as the applicant proposes to build a year round residence on the retained lot and the Township Official Plan requires rezoning for the proposed severed lot on a private road.

RIDEAU VALLEY CONSERVATION AUTHORITY (RVCA) RVCA has no objection to the proposal. RVCA was pleased to note a vegetated buffer on site. RVCA would like the land owners to know that any works or alteration to the shoreline would require a permit.

In addition, there is a regulatory flood elevation for Otty Lake so RVCA recommends the underside of the main floor of any dwelling be at least .3 m above 132.69m above sea level.

Finally RVCA noted the subject land overlies a highly vulnerable aquifer which can be contaminated easily. Therefore RVCA urges land owners to take care to avoid practices that would contaminate groundwater.

MISSISSIPPI RIDEAU SEPTIC SYSTEM OFFICE (MRSSO) A septic permit application has been approved for the retained lot. No comment letter has been received for the proposed severed lot at the time of the report.

CONCLUSION

The Planner recommends that the consent be granted, subject to the conditions listed in the Staff Recommendation section.

Tay Valley Township Recommendations

“THAT, the Council of Tay Valley Township recommend to the Land Division Committee of Lanark County that the Severance Application for CAROL HILDEGARD FRANKLIN and KEVIN MORRIS JAMES, #B18/087 (Part Lot 4, Concession 6 geographic Township of Bathurst) be approved subject to the following conditions:

1. That, the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 2. That, the applicant pay any outstanding fees to the Township prior to final approval.

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3. That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township. 4. That, payment of $200.00 for the new parcel shall be made to Tay Valley Township representing Cash-in-Lieu of Parklands. 5. That, the applicant applies to re-zone the severed and retained lands to Residential Limited Services.” 6. That, the applicant shall obtain a Civic Address Number for the severed parcel. 7. That, the applicant shall submit a full entrance application to the Township Public Works Department and install the entrance as required in the permit.”

Conservation Authority – RVCA

The Rideau Valley Conservation Authority has reviewed this application within the context of:

- Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act; - The Rideau Valley Conservation Authority ("Development, Interference with Wetlands and Alteration to Shorelines and Watercourses" regulation 174-06 under Section 28 of the Conservation Authorities Act; - The Otty Lake - Jebbs Creek Catchment Report. - Rideau Lakes Report.

The Proposal The Rideau Valley Conservation Authority understands that this application is for creating a new lot. The proposed severed lot would be approximately 1.1 acre in area with a lot frontage of 60 metres along the water and 84 metres along Blair Poole Farm Lane. The severed lot would have a depth of approximately 76 metres.

The proposed retained lot would be 1.95 acres in area with a water frontage of 65 metres and a road frontage of 139 metres. The retained lot would have a depth of approximately 88 metres. The same lands are currently the subject of an application for a re-zoning amendment (File No. ZBA-18-08) under the Planning Act to change the zoning on the property from Residential Seasonal (RS) to Residential Limited Services (RLS). The RVCA has provided a separate comment letter on this application.

The Property The application indicates that 140 Blair Poole Farm Lane is currently occupied by a 118.8 m2 cottage with attached sun deck. It also indicates an 18.6 m2 boathouse. The cottage is indicated as being serviced by a private septic system and by Otty Lake for the water supply. A vegetative buffer of approximately 20 metres is identified as being established from the shoreline of Otty Lake. Although no floodplain mapping exists for Otty Lake, a regulated flood level of 132.69 metres above sea level (geodetic) has been identified by the R V CA. Surrounding uses appear to be predominantly residential/cottage in nature although an agricultural operation (with agricultural buildings) appear to be present at 152 Blair Poole Farm Lane.

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Our review did not indicate the presence of any unstable slopes or unevaluated wetlands. The property is located within a highly vulnerable aquifer according to Tay Valley’s Township Official Plan.

Otty Lake - Jebbs Creek Catchment Report The Otty Lake - Jebbs Creek Catchment Report indicated that water quality, as described under the Provincial Water Quality Objectives (PWQO), is currently "good" on Otty Lake. The Catchment report indicates that ways to maintain a healthy lake include meeting and maintaining the 30 metre shoreline vegetative buffer and ensuring implementation of a 30 metre setback for all buildings and structures (including septic systems). It is possible for these recommendations to be met for the current lot.

As the regulation flood level of Otty Lake is 132.69 metres above sea level, it is recommended that the underside of the main floor of the cottage be at least 0.3 metres above the regulatory flood level. It is also recommended that the area below the main floor of the cottage remain unfinished, contain no habitable space or utilities and that all mechanical, electrical or heating and cooling units or ductwork be located above the regulatory flood level.

The subject property is also identified as overlying a highly vulnerable aquifer. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking ground water supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater.

Conclusion In conclusion, the Rideau Valley Conservation Authority has no objection to the subject application. The RVCA would like the review comments and recommendations noted on any decision by the Land Division Committee.

The applicant proposes to sever a 4451m2 parcel from the retained parcel to create a new lot, fronting on Blair Poole Farm Road. The lot is vacant, open field, with a well treed ribbon along the waterfront on Otty Lake. No test pits were provided.

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The retained parcel is approximately 7891 m2. The parcel is developed with a dwelling and boathouse. The dwelling is serviced by a Class 4 Sewage system (SF21895), greater than 30m from Otty Lake. The sewage system was re- inspected in 2011. Test pits were provided for sewage system application 18/035. The severance as proposed provides sufficient area that will not interfere with the ability to install, replace, operate or maintain an OBC compliant Class 4 sewage system, greater than 30m from a surface water body, on either lot. Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

(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 create a new lot for residential purposes. Road Access The lands are accessed via Blair Poole Farm Lane, a private road. Source Water Protection 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. 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), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Northern Map Turtle SC Gray Ratsnake THR 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

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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. Tay Valley Official Plan Policies 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: size and setbacks appropriate to zoning designations, frontage on existing public roads (or existing private road for waterfront development), studies as required, MDS separation. The lot creation date for Tay Valley is January 1, 1991. 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 have been established by Tay Valley Township. Zoning At the time of application, the subject property was in the Seasonal Residential section of the Zoning By-law, which permits a number of uses, including single- detached dwellings. Zoning By-law 2018-048 was passed by the Council of the Corporation of Tay Valley Township on October 9th, 2018. The 20 day appeal period lapsed on November 7, 2018 with no appeals. The purpose of the zoning by-law amendment is to change the zoning of the property from Seasonal Residential (RS) to Residential Limited Services (RLS). The amendment enables the construction of a permanent dwelling on a private road. 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 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 Tay Valley Township and could be given favourable consideration. (e) MINUTES – December 11, 2018 Comments were received from agencies on the issues of taxes, survey and civic address . The comments were addressed through conditions to approve / changes to the mapping or text, etc the application. Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this

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application, the effect of which helped Committee to make an informed decision. (f) 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. B18/087 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 of the Land Division Committee 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, and a paper copy of the deposited reference plan. 3. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 5. The applicants shall satisfy all the requirements of Tay Valley Township, financial and otherwise, that may be required under established by-laws for consent applications. 6. The applicant shall provide Tay Valley Township with two (2) copies of an acceptable reference plan and transfer document. 7. The applicant shall provide the Township with a copy of the deed/transfer for the property. 8. Payment shall be made to Tay Valley Township 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 obtain a Civic Address Number from Tay Valley Township. The applicant shall consult directly with the Township in this regard. 10. The applicant shall submit a full and complete entrance permit application to the Township and install the entrance as required in the permit. 11. Any existing easements / rights-of-way affecting the subject lands shall remain.

NOTES 1. 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

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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 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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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Kevin Willows and Jason Willows Hearing Date: December 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/039 and B18/040

Municipality: Drummond/North Elmsley Lot: 1 Conc.: 6

Geographic Township: Drummond Consent Type: New Lots

Roll Number: 0919-919-030-00100

Purpose and Effect: To create 2 vacant lots and to retain a 39.25-ha lot with an existing dwelling, barn, and outbuildings. B18/039: To sever a 0.4729-ha vacant lot and to retain a 39.25-ha lot with an existing dwelling, barn, and outbuildings. B18/040: To sever a 0.4726-ha vacant lot and to retain a 39.25-ha piece of land with an existing dwelling, barn, and outbuildings

DETAILS OF PROPOSAL Lands to be Lands to be Lands Retained Severed Severed B18/039 B18/040 Existing Use Vacant Vacant Residential & Farm Proposed Use Residential Residential Same Area 0.4729 ha 0.4729 ha 38.78 ha Frontage 68 m 68 m 1310 m Depth 69.5 m 69.5 m Road - Access to Drum Con 7 Drum Con 7 Hwy 511 Water Supply Proposed well Proposed well Existing well Sewage Disposal Proposed septic Proposed septic Existing septic Zoning By-law Category RU RU RU -Area (minimum) 4000 sq.m. 4000 sq.m. 4000 sq.m. -Compliance? Yes Yes Yes -Frontage (minimum) 45 m 45 m 45 m -Compliance? Yes Yes Yes Official Plan Designation: Rural 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

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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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. County Official Plan – Section 2.0 Settlement Policies, 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 3 General Provisions, Section 4.3 Rural Policy Area, Section 5.3 Local Roads, Section 6.3 Division of Land. The Township of Drummond / North Elmsley advises that the proposal conforms to the designations and policies of the Official Plan.

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Zoning By-law Section 4 General Provisions, Section 7 Rural Zone The Township of Drummond / North Elmsley advises that the proposal complies 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 An application for consent B18/039 and B18/040 has been received from the County of Lanark Land Division Committee for the creation of one residential lot for lands legally described as Part Lot 1, Concession 6, geographic Township of Drummond.

The purpose of the application is to sever two (2) residential building lots (0.4729- ha and 0.4826-ha) with access to Drummond Con 7, and to retain a 39.26-ha landholding with an existing dwelling and barn municipally known as 898 Hwy 511.

Staff recognize that the addition of two rural-residential building lots would be considered 'limited residential development' and that the development would be compatible with the rural character of the surrounding area as there are other rural residential properties located along the Drummond Con 7 Road. The proposed severed lots would be serviced by private we" and septic. Permits from the Health Unit would be required prior to any new development.

OFFICAL PLAN Applications for consent must be evaluated with the policy directives of Section 6.3, which provides direction for the division of lands within the Township. The property is designated as Rural on Schedule 'A' of the Township's Official Plan. The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts.

Two previous consents were obtained on these lands; however predate the 'cut-off' date of January 1, 1979 for consents according to the Official Plan. Schedule 'B' of the Official Plan indicates that the retained lands contain an area of "Significant Woodlands'. The proposed lots are approximately 160m north of the woodlands area and lie within and area of open field.

ZONING The subject property is zoned as Rural (RU) in the Township's zoning by-law.

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The proposal meets the minimum frontage and area requirements of the RU zone and meets all other provisions of the Zoning By-law. As a result of the proposed lot, the retained lands will continue to maintain their conformity to the Rural zone.

DRAINAGE ACT While not provided for in policy in the Official Plan, staff notes that the severed and retained lands are identified as being serviced by the Duby Mclntrye Municipal Drain. As such, potential obligations as beneficiaries under the Drainage Act may arise at some point in the future if the Drain is worked on and this could affect future owners of any of the resultant lots. It is therefore recommended that purchasers be advised of this possibility as a note on the Title to each of the lots.

PUBLIC WORKS Entrance location permits required. Civic Address Numbers required. Road Widening not required.

CONSERVATION AUTHORITY The lands lie within both the Rideau Valley and Mississippi Valley watersheds. The lots to be severed are located on the northern portion of the lot and are therefore within the MVCA catchment area.

Township of Drummond / North Elmsley Recommendations:

The Township of Drummond/North Elmsley does not object to these applications and recommend approval, subject to the inclusion of the following conditions: 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) 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 (in both paper and electronic format). 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township. The applicant shall consult directly with the Township in this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. The Applicant shall register Notice on Title the following wording:

TAKE NOTICE that this lot is located within an area served by the Duby McIntyre Municipal Drain. As such, property owners may be required from time to time to contribute financially to the upkeep of the drainage works as per the Drainage Act.

Specifically, the purpose of this review is to assess potential impacts of the

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proposed development on known natural heritage features on and adjacent to the subject property.

These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion.

PROPOSAL It is our understanding that the purpose of the subject applications is to sever (2) vacant parcels of land each with a proposed area of 0.471 ha. The resulting retained land is developed with a dwelling and agricultural buildings, with a proposed area of 38.8 ha.

PROPERTY CHARACTERISTICS According to a review of available GIS mapping and aerial photography, a watercourse referred to as the Mcintyre Creek flows through the northern section of the retained lands. In addition, the mid-section of the retained lands is comprised of wetland. No significant natural heritage features or natural hazards were identified on the proposed severed lands.

REVIEW Natural Heritage Features Watercourse A minimum development setback of 30 m is recommended from any watercourse, including the creek identified on the retained lands.

Wetland The wetland identified on the retained lands, as well as its 30 m adjacent lands, are regulated under Ontario Regulation 153/06, as administered by MVCA. A minimum setback of 30 m, measured from the boundary of the wetland, is required for any new development or site alteration.

Discussion Given that the retained lands are already developed with no development proposed at this time, impacts to the above noted features are not anticipated as a result of the subject applications.

Natural Hazards Organic soils have been identified on the retained lands in association with the wetland. Due to the poor drainage and unstable characteristics of these soils, they are not suitable for development. Therefore, development should be directed outside of these areas unless supported by acceptable engineering techniques. Sufficient area appears to exist for development on the retained land, beyond this hazard .

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, MVCA does not have any objection to the subject applications.

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NOTES The applicant should be advised that a portion of the retained land is regulated by MVCA pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses". A permit is required from MVCA prior to any development or site alteration in or within 30 m of the wetland, or for any shoreline alterations to the watercourse. We advise consultation with Fisheries and Oceans Canada CDFO) [email protected] prior to conducting any work within the watercourse, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work.

A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard.

Septic Office – Leeds, Grenville and Lanark District Health Unit

Applicable to B18/039 and B18/040

General Description Severed – a 1.17 acre parcel of land with no existing buildings. Grassy area with gentle slopes and trees along the perimeter. Variable soil depth throughout the property.

Recommendations Retained – additional sandy loam fill may be required for the installation of the proposed septic system.

General Description Retained – a 95.8 acre parcel of land with an existing house, large barn, 4 sheds, septic system and well towards south end of property. Area in the middle of the property is heavily wooded with trees and low vegetation. Overall, the property is grassy with variable slope and soil depth.

Recommendations Retained – no signs of malfunction on existing septic system at time of inspection. Existing septic system will not be negatively affected by the proposed septic system.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

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Road Access The lands are accessed via Drummond Concession Road 7, a municipally owned and maintained road. Water Supply As the proposed lots are to proposed in an existing developed area, it is recommended that a condition of consent in regards to water quality and water quantity be included. Source Water Protection 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 See MVCA comments for Natural Heritage and Natural Hazards on the retained lands. Agricultural Operations The lands to be retained contain a residential dwelling and are used for agricultural purposes. 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), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Bobolink THR Eastern Meadowlark THR 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. Local Official Plan Section 4.2.2.2 (1) Development shall be encouraged to take place by plan of subdivision; however, severances may be permitted, in accordance with the policies of Section 6.3 of this Plan. Section 4.4.4 Residential Development Residential Development is defined as having frontage on and direct access to

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an opened public road which is maintained year-round. Residential Development may be permitted in accordance with the following policies. 4.3.4.2 Lot creation shall take place in accordance with the lot creation policies of Section 6.3. In order to maximize the efficiency of servicing new Residential Development, Council shall encourage Residential Development to locate in close proximity to existing built-up areas within the Township. Notwithstanding the foregoing, however, Council shall not permit the creation or extension of strip development pursuant to the policies of Section 6.3.2.3 and 6.3.2.4. Section 6.3 Division of Land Lot creation generally takes place in two ways: by consent (severance) and by plan of subdivision. Development by plan of subdivision and plan of condominium generally provides for a more thorough and comprehensive review of development. However, under certain circumstances where a plan of subdivision or condominium is not necessary for proper and orderly development, a consent to a land conveyance may be granted. 6.3.1.1 Lots should be created only in areas where the undue extension of any major service would not be required. 6.3.1.3 Lots should be created only when the land fronts on an existing public road which is of reasonable standard of construction, except as permitted for Limited Services Residential, Tourist commercial development and for certain rural uses as specified in the plan. Additional Policies for Consents In addition to the policies of Section 6.3.1, the following policies apply to consents which are intended to create new lots for development. Where the consent is for technical purposes such as a lot addition, or is to create a right- of-way or easement for such purposes as a utility corridor, access, conservation use, etc., the applicable policies of this section apply. Otherwise, such consents shall be evaluated on the basis of policies of the land use designation(s) in which the land is located as well as the intent of the General Provisions policies contained throughout Section 3 of this Plan. 6.3.2.3 Outside the designated Hamlets, consents are to be granted on a limited basis in accordance with the policies of Section 4.3.4.1 and 6.3.2.6. Further, consents should have the effect of infilling in existing developed areas and not of extending an urban area or existing strip development. In determining whether a consent will result in the creation or extension of strip development, the visual impact of the proposed development shall be assessed. Specifically, consents should not be granted on flat, open land, but rather in areas having natural tree cover, scenic views and/or rolling terrain where natural landscape features prevent extensive views of development, especially along straight stretches of road. Further, the existing vegetation and terrain should be disturbed as little as possible. 6.3.2.6 Generally, the division of land by consent is intended for the creation of a limited number of lots. Where more than three lots (excluding the retained lot) have been created or are proposed to be created from an original parcel of land

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as it existed on January 1, 1979, development shall occur by plan of subdivision, pursuant to the policies of this Plan. Notwithstanding the foregoing and subject to all other relevant policies of this Plan, more than three lots may be created by consent in circumstances where a plan of subdivision is not considered necessary such as, but not limited to: 1. blocks on a plan of subdivision which are planned from the outset to be further subdivided; 2. land which is designated Hamlet; 3. lots which had been previously severed and had subsequently merged in title may be re-severed provided that they meet the minimum requirements of the implementing Zoning By-law; 4. land which is to be developed for Limited Services Residential Development, pursuant to the policies of Sections 4.3.5 and 5.5; 5. large properties which front on two or more roads, such as through lots, where development along each road frontage can be considered on its own merits because of the distance separating the respective areas to be developed. Where it has been deemed acceptable to create more than three lots by way of consent, Council may require some or all of the studies normally required to support applications for plans of subdivision. The studies required to support consent applications of more than three lots (excluding the retained lot) will be determined through consultation with the appropriate agencies (Conservation Authorities, Ministry of Natural Resources, etc.).

There have been previous consents between Highway 511 and Barrie Side Road, which has become a developed area along Drummond Concession Road 7. The planning letter attached submitted with the consent applications contains comments related to strip development.

3. Woodlands The area has some land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. 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 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. (e) OPTIONS FOR COMMITTEE CONSIDERATION i) Approve – with conditions that address the issues identified as a result of the circulation process: The following draft conditions have been prepared by the County Planner and are based on the Policy and Regulation Analysis and the responses and recommendations provided by the local municipality and various agencies. Please note that these are “Recommendations Only” and may be amended, changed, deleted or added to by the Land Division Committee as a result of the Public Hearing. B18/039 and B18/040 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 of the Land Division Committee 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, and a paper copy of the deposited reference plan.

3. THAT the Owner(s) provide certification to the Lanark County Land Division and the Township of Drummond / North Elmsley that a well has been constructed on the property 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 Drummond / North Elmsley.

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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 Numbers from the Township of Drummond / North Elmsley. The applicant shall consult directly with the Township in this regard.

9. The applicant shall register a covenant on title stating that this lot is located within an area served by the Duby McIntyre Municipal Drain. As such, property owners may be required form time to time to contribute financially to the upkeep of the drainage works as per the Drainage Act. 10. A letter shall be received from the Township of Drummond / North Elmsley stating that condition # 4 through # 9 have been fulfilled to their satisfaction. ii) Defer - with reasons / matters to be addressed prior to reconsideration and date to which the matters/reasons must be completed. iii) Refuse – with reasons NOTES 1. 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

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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 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. 2. The Mississippi Valley Conservation Authority advises that, a portion of the retained lands are regulated by MVCA pursuant to Ontario Regulation 153/06 – “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”. A permit is required from MVCA prior to any development or site alteration in or within 30 m of the wetland, or for any shoreline alterations to the watercourse. MVCA also advises that consultation with Fisheries and Oceans Canada (DFO) [email protected] prior to conducting any work within the watercourse, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Sharon M.T. Sprague Hearing Date: December 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/055

Municipality: Tay Valley Township Lot: 2 Conc.: 3

Geographic Township: Bathurst Consent Type: New Lot

Roll Number: 0911-916-010-14200

Purpose and Effect: To sever a 1.38-ha seasonal residential lot with an existing seasonal dwelling and outbuilding, and to retain a 34.0-ha vacant residential lot. An easement for access across the retained lands is also proposed.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Seasonal Residential Vacant Proposed Use Seasonal Residential Residential Area 1.38 ha 34 ha Frontage 60 m 24.5 m Depth Irregular Irregular Road - Access to Christie Lake North Christie Lake North Shore Road Shore Road Water Supply Private well Proposed well Sewage Disposal Private septic Proposed septic Zoning By-law Category Rural Rural -Area (minimum) 1 ha 1 ha -Compliance? Yes Yes -Frontage (minimum) 60 m 60 m -Compliance? yes yes Official Plan Designation: Rural and Significant Woodlands 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

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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. 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. County Official Plan – Section 2.0 Settlement Policies, 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 3.0 Rural, Section 2.17 Public Road Access, Section 4 Transportation, Section 5.2 Land Division. The Township of Tay Valley advises that the proposal conforms to the designation and policies of the Official Plan. Zoning By-law Section 3.0 General Provisions, Section 10 Rural Zones. The Township of Tay Valley advises that the proposal complies with the zoning by- law regulations.

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cottage and to retain a 34-ha (84 acre) vacant lot. The proposed severed parcel has approximately 60m of frontage along Christie Lake North Shore Road. The proposed retained Parcel has approximately 352 m of combined frontage along Christie Lake North Shore Road. The use of both the severed and retained lots is not proposed to change at this time.

The proposed easement is to facilitate access to the severed lot. The lot itself is slightly steep along Christie Lake North Shore Road and the easement for the current driveway is less steep.

DISCUSSION

Consistent with Provincial Policy Statement Yes Conforms to Official Plan Yes Complies with Zoning By-Law Yes Recommend consent for this application Yes Recommended Conditions for each severance:

 Payment of all taxes owing  Payment of all costs incurred by the Township for review  Two copies of the Deed/Transfer  Two copies of the reference plan  Payment of Cash-in-Lieu of Parklands  Obtain a civic address for the retained land  Submit an entrance permit application to the Township  Road widening if required  Confirmation of the title to the road adjacent to proposed severance

PROVINCIAL POLICY STATEMENT The PPS does not permit the creation of lots through wetlands. RVCA determined at their site visit that the unevaluated wetland that appeared to be bisected by the lot line shown in the sketch would not actually be bisected.

The PPS requires the protection of Significant Woodlands which have been identified as covering the proposed severed lot and part of the proposed retained lot. Because no construction is proposed for either lot at this time, no Environmental Impact Study (EIS) was required. When development is proposed, an EIS will be required.

The PPS does not permit the creation of lots without safe access. Although immediate access to the proposed retained lot is via a section of Christie Lake Road that is within the Flood Plain to the east, access is also possible from the west along a section of the road that is outside of the Flood Plain. The flood elevation in front of the proposed severed lot meets the 0.3m which is deemed to be safe access by the RVCA.

COUNTY SUSTAINABLE COMMUNITY PLAN No concerns.

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OFFICIAL PLAN The proposed severed and retained lots are designated Rural under Section 3.6 of the Official Plan. The severed lot and the eastern portion of the retained lots are designated Significant Woodland under Section 2.22 Natural Heritage Features. No development within the significant Woodlands is proposed at this time. An EIS will be required when development is proposed.

Under Section 2.20 Natural Hazard Features, the proposed severed and part of the proposed retained lots are designated Flood Plain. The proposed lots are within the RVCA regulated limit for Flood Plain (but are not within the Flood Plain itself). The proposed retained lot has access on its western road frontage outside of the Floodplain so safe access is provided to that lot. Safe access is also provided for the proposed severed lot as even though the access is within the Flood Plain, no more than 0.3m of water overtopping the road is predicted at that point along the road which is deemed to be safe access by the RVCA.

ZONING BY-LAW The zoning is Rural (RU). The Flood Plain zoning was adopted by Council September 18, 2018. If development is proposed on the lot, a permit would be required from RVCA for any work in the Flood Plain regulated area.

A minimum lot area of 1-ha (2.5 acres) and 60 m of road frontage is required for a new lot within the Rural zone. The proposed severed and retained lots meet the frontage and area requirements. The existing uses of the severed (seasonal residential) and retained lands (proposed residential) meet the requirements of the Rural zone.

RIDEAU VALLEY CONSERVATION AUTHORITY (RVCA) RVCA has no objection or conditions of approval of the severance application. RVCA noted an unevaluated wetland on the property. Currently the RVCA does not regulate the unevaluated wetland, but they strongly encourage their preservation for: flood attenuation; groundwater recharge to ameliorate drought conditions; drinking water filtration and habitat provision for many species of plants and animals (often including fish). The RVCA recommended that a full EIS be undertaken in the future when development is proposed that would include a full analysis of the unevaluated wetland.

RVCA also noted that any construction proposed within the regulation limit of the Flood Plain would require a permit.

MISSISSIPPI RIDEAU SEPTIC SYSTEM OFFICE (MRSSO) The MRSSO has no objection to the severance as proposed as there is sufficient land to locate a septic system 30 m from water on both the severed and retained lots.

CONCLUSION

The Planner recommends that the consent be granted, subject to the conditions

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listed in the Recommendation section.

Tay Valley Township Recommendations

“THAT, the Council of Tay Valley Township recommend to the Land Division Committee of Lanark County that the Severance Application for SHARON MARY THERESA SPRAGUE, #B18/055 (Part Lot 2 Concession 3, geographic Township of Bathurst) be approved subject to the following conditions:

3. That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township.

4. That, payment of $200.00 for the new parcel shall be made to Tay Valley Township representing Cash-in-Lieu of Parklands.

5. That, the applicant shall obtain a Civic Address Number for the retained land.

6. That, the applicant shall submit a full entrance application for the retained land to the Township Public Works Department and install the entrance as required in the permit.

7. That, sufficient lands shall be dedicated to the Township of Tay Valley along the frontage of the lots to be severed to meet the Township’s road widening requirements at no cost to the Township, if required.

8. That, the applicant shall provide confirmation of the title to the road adjacent to the severed lot. If the road should be owned by the Township, but the title is incorrect, the Township shall be responsible for the costs relating to the survey of the road (if required), and the applicant shall be responsible for all other costs to correct the title.”

Conservation Authority – RVCA The Rideau Valley Conservation Authority (RVCA) has reviewed the subject application within the context of: - Section 2.1 Natural Heritage and 3; 1 Natural :Hazards of the Provincial Policy Statement under Section 3 of the Planning Act; - The Rideau Valley Conservation Authority ("Development, Interference with Wetlands and Alteration to Shorelines and Watercourses" Regulation 174/06 under Section 28 of the Conservation Authorities Act); - The Tay River - Christie Lake Catchment Report; - The Rideau Lakes Study.

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The Proposal The Rideau Valley Conservation Authority understands that this application is for the purpose of creating a new, vacant residential lot (the retained lands) which will be severed from an existing land holding containing a seasonal dwelling with accessory structures (the severed lands). The proposal would see the creation of retained lands with road frontage of 24.5 metres and 327.6 metres and an area of approximately 34 hectares. The proposed severed lands would have a road frontage of 60 metres and an area of 1.38 hectares. The proposed severance line is proposed to transect an unevaluated wetland.

The application also seeks to create a right-of-way which would provide access for the retained lands to the lands held in separate ownership south of Christie Lake North Shore Road.

The Property The subject property is located on Christie Lake North Shore Road. It is an irregularly-shaped lot which has frontage in two separate locations of approximately 410 metres. It is approximately 37 hectares in area. The subject property is presently occupied by a seasonal residential dwelling and detached accessory structures, A portion of the property is located within the regulation limit of the 1: 1 00 year floodplain for the Tay River/Christie Lake, however no activities are presently proposed within that area that would require a permit from the RVCA under Ontario Regulation 174/06. Several unevaluated wetlands are located on the subject property. The property appears to be split between ecoregions 6E and SE. During a site visit to the property it was observed that the southern unevaluated wetland, as indicated on the RVCA's geoportal mapping, does not appear to be as extensive as shown on the digital mapping.

Review Comments and Recommendations There appears to be unevaluated wetlands on the property. Unevaluated wetlands are currently not regulated by the Conservation Authority, however they may become regulated under the Conservation Authorities Act in the future (please see note on Section 139 further in this letter). Given the numerous benefits of all wetlands, the Conservation Authority strongly encourages their preservation. These 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).

Please note: BiIl139 received Royal Assent on December 12th, 2017 which included amendments to the Conservation Authorities Act and redefines the Conservation Authority's role in watershed management, climate change adaptability and natural hazards. Among the changes, a new Section 28 specifically changes regulation of areas over which authorities have jurisdiction.

As a result, the RVCA will be reviewing the implementation of our policies and procedures to comply with the updated Conservation Authorities Act.

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The proposed lot configuration shows a lot line transecting the southern unevaluated wetland. However, during the site visit, it did not appear as though the proposed lot line would transect the unevaluated wetland. A full analysis of the unevaluated wetland should be undertaken during any future EIS. The RVCA would like to take this opportunity to indicate that should any construction be proposed within the RVCA regulation limit, prior written approval from the RVCA is required as per our Regulation 174/06 (Development, Interference With Wetlands and Alterations to Shorelines and Watercourses).

Our review did not indicate the presence of unstable slopes.

The applicant proposes to sever a 1.38 ha parcel from the retained parcel to create a new lot. The proposed parcel fronts on Christie Lake North Shore Road; it is developed with a seasonal dwelling and outbuildings. The dwelling is serviced by a Class 4 sewage system, re-inspected in 2015 with no concerns identified at the time of the inspection. No test pits were provided.

The retained parcel is approximately 34.0 ha. The parcel is vacant with heavy tree cover and areas of local wetlands. No test pits were provided.

The severance as proposed provides sufficient area for a Class 4 sewage system and will not interfere with the ability to install, replace, operate or maintain an OBC compliant sewage system greater than 30m from a surface water body and outside the RVCA regulation limit, on either lot.

Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

(c) PUBLIC INPUT An e-mail was received from Colleen Greer Fraser requesting clarification on the zoning and the permitted uses of the 34 ha parcel and other comments related to septic regulations. The agent was contacted and she advised that no changes are proposed.

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(d) PLANNING REVIEW Background and Summary The applicant proposes to create a new 1.38 ha lot containing an existing cottage and outbuilding. The retained lands are vacant. The application notes that residential use is proposed, however no development is proposed at this time. There is a small retained parcel of land on the opposite side of the Christie Lake North Shore Road which has frontage on Christie Lake. Road Access The lands are accessed via Christie Lake North Shore Road, a municipally maintained road. Water Supply – there are existing seasonal residential properties adjacent to the subject lands. A few well records were available which vary in well depths from 68 feet to 75 feet and a pumping rate variance of 7 gpm and 15 gpm. Source Water Protection 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 application notes that there are Eastern Musk Turtle (SC) and Gray Ratsnake (THR) known to inhabit the lands.

Soils Inventory – Name: Monteagle - Stoniness: exceedingly stony - CLI: 7 – no capability for agriculture - Drainage: well - Hydrogeology: moderate 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), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Eastern Musk Turtle SC Gray Ratsnake THR 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

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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. Tay Valley Official Plan Policies 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: size and setbacks appropriate to zoning designations, frontage on existing public roads (or existing private road for waterfront development), studies as required, MDS separation. The lot creation date for Tay Valley is January 1, 1991. The lot to be severed and the eastern portion of the retained lands are designated Significant Woodland, Section 2.22, and EIS will be required to be submitted to the Municipality at the time of development. 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 have been established by Tay Valley Township. 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.

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access and the potential to leave an area for children to camp or potentially build in the future with a view of the lake. The lot across the road is intended to be sold with the lands to be severed to remain as water frontage with the cottage. The easement is proposed where the driveway is currently and the access would be for the lot to be severed and the retained lot. Intent is to share the existing entrance for the lot to be severed and the retained lands. They wish to retain some frontage so that they can still view the lake and they can access the lake and access the retained lands. The Committee expressed concerns with leaving such a small parcel of frontage with the retained in this location. Also concerned about a shared easement. The owner left the meeting room and consulted and returned later in the agenda with an amended sketch. The amended sketch presented at the hearing will include all of the frontage being between lots #576 The proposed lot #576 and #612 be included with # 576 the lot to be severed. No easement for access to the retained lands is proposed. The Committee considered this to be appropriate and provided approval based on the amended sketch. B. Strachan delete condition #10, as it is not feasible, to obtain a road widening due to the location of the existing cottage The Committee is also of the opinion ath the road ownership matter is not the responsibility of the owner B. Strachan requested Julie Stewart to provide a letter to the Township advising of this. 1. The owner shall convey, at no charge, to Tay Valley Township, sufficient frontage across the severed lands to provide for a right-of-way measuring 10m from the centreline of Christie Lake North Shore Road. The owner shall provide a reference plan which indicates the required widening. If the owner’s surveyor determines that a widening is not requirement, it must be indicated on the reference plan. A draft reference plan shall be sent to the Township for review prior to deposit. 2. The applicant shall provide confirmation of the title to the road adjacent to the severed lot, if the road should be owned by the Township, but the title is incorrect, the Township shall be responsible for the costs relating to the survey of the road (if required), and the applicant shall be responsible for all other costs to correct the title. Comments were received from agencies on the issues of taxes and survey. The comments were addressed through conditions to approve the application as amended. Committee reviewed the staff report and draft conditions. The conditions were revised to remove the above two noted conditions as per the Committee’s comments. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. (f) DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED

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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. B18/055 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 of the Land Division Committee 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.

NOTES 1. The Rideau Valley Conservation Authority advises that any construction proposed within the RVCA regulation limit, prior written approval is required from RVCA as per “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” (Ontario Regulation 174/06).

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Brian and Janice Lever Hearing Date: December 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/061

Municipality: Drummond/North Elmsley Lot: 14 & 15 Conc.: 11

Geographic Township: Drummond Consent Type: New Lot

Roll Number: 0919-919-020-24100

Purpose and Effect: To sever a 13.42-ha residential/farm lot with an existing dwelling, barn and outbuildings and to retain a 24.2-ha vacant residential lot.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Residential / farm Vacant Proposed Use Residential / farm Residential Area 13.42 ha 24.2 ha Frontage 230.2 m 717.5 m Depth Irregular Irregular Road - Access to Fergusons Falls Rd Fergusons Fall Rd Water Supply Existing well Proposed well Sewage Disposal Existing septic Proposed septic Zoning By-law Category Rural Rural -Area (minimum) 4000 sq.m 4000 sq.m -Compliance? Yes Yes -Frontage (minimum) 45 m 45 m -Compliance? Yes Yes Official Plan Designation: Rural, PSW, ANSI, Significant Woodlands 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.

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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. 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. 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 restored. 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. County Official Plan – Section 2.0 Settlement Policies, 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 3 General Provisions, Section 4.3 Rural Policy Area, Section 5.3 Local Roads, Section 6.3 Division of Land. The Township of Drummond / North Elmsley advises that the proposal conforms to

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the designations and policies of the Official Plan. Zoning By-law Section 4 General Provisions, Section 7 Rural Zone The Township of Drummond / North Elmsley advises that the proposal complies 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 REVIEW OF PROPOSAL AND APPLICATION An application for consent B18/061 has been received from the County of Lanark Land Division Committee for the creation of 13.42-ha residential/farm lot for lands legally described as Part Lot 14 & 15 Concession 11 geographic Township of Drummond. The purpose of the application is to sever a 13.42-ha residential/farm lot with an existing dwelling, barn and outbuildings and retain a 24.2-ha vacant residential lot.

PROVINCIAL POLICY STATEMENT (PPS) The Provincial Policy Statement 2014 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Per Section 3(5) (a) of the Planning Act, R.S.O. 1990, all planning decisions must be consistent with the PPS. A review of applicable policies must be undertaken and the application is evaluated under the "consistent with" test. Section (4.3.1) is supportive of "limited" residential development provided that it is appropriate and compatible in its rural setting. Staff recognize that the addition of one rural-residential lot would be considered 'rural' and that the development would be compatible with the rural character of the surrounding area as there are other rural residential properties located along the Ferguson Falls Rd.

The proposed severed lot would be serviced by private well and septic. Permits from the Health Unit would be required prior to any new development.

ZONING The subject property is zoned as Rural (RU) in the Township's zoning by-law. The proposal meets the minimum frontage and area requirements of the RU zone and meets all other provisions of the Zoning By-law. As a result of the proposed lot, the retained lands will continue to maintain their conformity to the Rural zone.

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Township of Drummond / North Elmsley Recommendations: The Township of Drummond/North Elmsley does not object to these applications and recommend approval, subject to the inclusion of the following conditions: 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) 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 (in both paper and electronic format). 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township. The applicant shall consult directly with the Township in this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. That sufficient lands be deeded to the Township along the frontages of the lots to be severed 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 that the municipality has a good and marketable title; The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required; 7. The applicant be advised that a portion of the severed and retained retained lands is regulated by MVCA pursuant to Ontario Regulation 153/06- "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses". A permit is required from MVCA prior to any alterations within 120m of the PSW.

Conservation Authority – MVCA

PROPOSAL It is our understanding that the purpose of the subject application is to sever one developed lot with an area of 13.4 ha, and retain a vacant lot with an area of 24.2 ha.

PROPERTY CHARACTERISTICS According to a review of available GIS mapping and aerial photography a portion of the retained land consists of a Life Science - Area of Natural and Scientific

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Interest (ANSI), referred to as the Innisville Wetlands. A portion of these lands also consist of a Provincially Significant Wetland (PSW) referred to as the Stewart Lake-Haley Lake Complex. The severed lands do not consist of these features; however they are within their 120 m adjacent lands.

REVIEW Natural Heritage Features ANSI&PSW As previously indicated, a portion of the retained land consists of an ANSI and PSW. And, the severed lands are located within the 120 m adjacent lands to these features. Guidelines prepared in support of the Provincial Policy Statement (PPS) require that new development and site alterations, including the creation of new lots, within 120 m of a PSW or ANSI only be permitted if it has been demonstrated that there will be no negative impacts on the natural features or ecological functions of the feature identified.

Potential impacts are typically assessed through the preparation of an Environmental Impact Statement (EIS). However, it is our opinion that there is limited value in conducting an EIS at this time for the following reasons: • The severed lands are already developed with no new development proposed at this time. • Sufficient area appears to exist on the retained lands to accommodate new development beyond the 120 m adjacent lands to these features. However, in the event that future development is proposed within the adjacent lands to the above noted features, an EIS may be required at that time to evaluate the proposal.

Natural Hazards Wetlands inherently consist of organic soils. Due to the poor drainage and unstable characteristics of these soils, they are not suitable for development. Therefore, development should be directed outside of these areas unless supported by acceptable engineering techniques. Sufficient area appears to exist for development on the retained land, beyond this hazard.

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, impacts to natural heritage features and natural hazards are not anticipated as a result of the subject application. Therefore, MVCA does not have any objection to the subject application.

NOTES In the event that future development is proposed within the 120 m adjacent lands to the ANSI or PSW, an EIS may be required at that time to evaluate the proposal. The applicant should be advised that a portion of the severed and retained lands is regulated by MVCA pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses". A permit is required from MVCA prior to any alterations within 120 m of the PSW.

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A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard.

Septic Office – Leeds, Grenville and Lanark District Health Unit

General Description Severed – this large lot with silty clay soils slopes to the East toward Haley Lake. Good drainage, existing house with barns. Septic system serving the house.

Recommendations Severed - no obvious signs of failure for the existing septic system at time of inspection, this lot will be large enough for a replacement system when needed.

General Description Retained – mostly corn fields with silty clay soils. With some flat areas and some areas that slope toward the East.

Recommendations Retained – severing the land will not negatively impact the ability to treat sewage on-site for the retained land. Imported leaching bed fill may be required to construct conforming septic system on this land.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

Lanark County Public Works Access (Entrance) to County Road Lands to be Severed - File # B18/061 Applicant has an approved, existing entrance to the County Road, Permit # 2670 relates. Lands to be Retained Applicant has significant frontage. No application is required at this time, but in the future, any entrance must be applied for and approved prior to installation

Land for Road Purposes Road Widening: Sufficient lands shall be deeded to "The Corporation of the County of Lanark" along the frontage of the lot to be severed to meet the municipality's road widening requirements, at no cost to the County. Sufficient lands may be required across the frontage of the retained lands to meet the municipality's road widening requirements, and in these cases, the applicant shall enter into a land purchase agreement with the County.

The County of Lanark Director of Public Works shall be consulted prior to commencing a survey to determine the amount of road widening required.

If land is required, "In Preparation" Transfer documents are to be submitted to the Business Manager, Lanark County Public Works Department for review and

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approval prior to registration, 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.

Natural Heritage A portion of the retained lands are within the Innisville Wetlands , an Area of Natural and Scientific Interest (ANSI). A portion of the retained lands are also within the Stewart Lake – Haley Lake Complex, which is a Provincially Significant Wetland (PSW). The lands to be severed are within the 120 m adjacent lands of these features.

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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), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Natural Area of Haley Lake Swamp, Innisville Wetlands, Steward Lake – Haley Lake Complex Restricted Species Snapping Turtle SC 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. Local Official Plan Local Official Plan Local Official Plan 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 area has land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. 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

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Conclusion 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 Drummond / North Elmsley and could be given favourable consideration. (e) MINUTES – December 11, 2018 Tracy Zander, agent attended the hearing and gave evidence under oath. Agricultural area but not designated in DNE OP. Levers used as a sheep farm. Minimum agricultural hobby farm in DNE is 10 acres. Comments were received from agencies on the issues of survey, civic address, entrances . The comments were addressed through conditions to approve the application. 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. (f) 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. B18/061 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 of the Land Division Committee 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.

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4. 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.

5. The applicant shall obtain a Civic Address Numbers from the Township of Drummond / North Elmsley. The applicant shall consult directly with the Township in this regard. 6. The applicant shall provide the Lanark County Public Works Department with a copy of all reference plans associated with this application. 7. Road Widening: Sufficient lands shall be deeded to “The Corporation of the County of Lanark” along the frontage of the lot to be severed to meet the municipality’s road widening requirements, at no cost to the County. Sufficient lands may be required across the frontage of the retained lands to meet the municipality’s road widening requirements, and in these cases, the applicant shall enter into a land purchase agreement with the County. 8. The County of Lanark Director of Public Works shall be consulted prior to commencing a survey to determine the amount of road widening required. 9. If land is required, “In Preparation” Transfer documents are to be submitted to the Business Manager, Lanark County Public Works Department for review and approval prior to registration, 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. 10. Road Closing: If a former road is determined to be meandering through the severed lot, the applicant shall be required to identify the former road on the reference plan and enter into an agreement with the “The Corporation of the County of Lanark” for the purposes of completing a road closing and transfer of the identified former road property. 11. Approvals & Documentation: The reference plan must be approved by the Lanark County Public Works Department prior to registration if either road widening or road closing is applicable. In all cases, even if there is no road widening or closing, following registration of the reference plan, one paper copy shall be provided to the County of Lanark Public Works Department, together with a copy of the parcel register for the “PIN” that is the county road, parallel to the frontage of the lands to be severed. 12. A letter shall be received from the Township of Drummond / North Elmsley stating that condition # 3 through # 5 has been fulfilled to their satisfaction. 13. A letter shall be received from the County of Lanark Public Works Department stating that condition # 6 through # 11 has been fulfilled to their satisfaction.

NOTES

The Mississippi Valley Conservation Authority notes that the applicant should be advised that a portion of the severed and retained lands is regulated by MVCA pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands

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and Alterations to Shorelines and Watercourses". A permit is required from MVCA prior to any alterations within 120 m of the PSW.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Claude Milton Cochran Hearing Date: December 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/068

Municipality: Mississippi Mills Lot: 22 Conc.: 7

Geographic Township: Ramsay Consent Type: New Lot

Roll Number: 0931-929-025-02700

Purpose and Effect: To sever a 3.26-ha residential/farm lot with an existing dwelling, 2 barns, and outbuildings and to retain a 37.7-ha farm property with an existing barn.

DETAILS OF PROPOSAL Lands to be Severed Lands Retained

Existing Use House, barns Agricultural Proposed Use House and barn Agricultural Area 3.26 ha 37.7 ha Frontage 164 m 445.9 m Depth Irregular Irregular Road - Access to Ramsay Con 7B Ramsay Con 7B Water Supply Existing well n/a Sewage Disposal Existing septic n/a Zoning By-law Category Ru (non-farm res) Agriculture -Area (minimum) 0.4 ha 40 ha -Compliance? Yes No -Frontage (minimum) 45 m 150 m -Compliance? Yes yes Official Plan Designation: Agriculture 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.

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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. .3 Agriculture Section 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c) a residence surplus to a farming operations as a result of farm consolidation (subject to conditions); and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 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. County Official Plan – Section 2.0 Settlement Policies, 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 6.1 Agricultural Resources, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Municipality of Mississippi Mills Community Official Plan - Section 3.2.3 Agricultural Consent Policies. The Municipality of Mississippi Mills advises that the proposal conforms to the designations and policies of the Official Plan. Staff at the Municipality does also recommend that the lot size for the lot to be severed be of a smaller size as outlined in the municipal comments below. Zoning By-law #11-83, Agricultural Zone. The Municipality of Mississippi Mills advises that the proposal conforms to the Zoning By-law with the proposed rezoning for the retained lands to recognize the undersized lot area and frontage. Land Division Committee shall consider the recommendations in regards to the area of the proposed lot to be severed.

(a) AGENCY REVIEW This application has been circulated to those agencies that were considered to

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have an interest in the proposal. The following comments were received: Township Planner’s Report PURPOSE & EFFECT ZanderPlan Inc. has submitted a Consent application (B18/068) on behalf of Claude Milton Cochran to Lanark County requesting to sever a ±3.26ha (8.06ac) parcel of land from a ±41.53ha (102.62ac) agricultural property as a surplus farm dwelling severance. The newly proposed lot would be located at the southern corner of the parent property and would have ±164.0m (538.1ft) of frontage along Ramsay Concession 7B; whereas, the retained property would maintain a total of ±445.9m (1,462.9ft) along the same public right-of-way. A sketch of the proposed lot can be found in Schedule B of this report.

DESCRIPTION OF SUBJECT LANDS & SURROUNDING LAND USES The subject property is northwest of the boundary between Almonte and Ramsay Wards. The immediate surrounding character is predominantly agricultural, with associated farm-dwellings and farming operations. The immediate area, inclusive of the lots in question, is zoned “Agricultural (A).” SERVICING & INFRASTRUCTURE

The proposed severance would separate an existing farm dwelling from its parent property. It would maintain the existing private well and septic, two barns, and the principal dwelling. A barn straddling the proposed lot line is intended to be removed. Consequently, the retained property would not be serviced, with no proposed servicing as part of the application. Both lots would maintain frontage along Ramsay Concession 7B, a municipally owned and maintained road. The municipal servicing and infrastructure demands would not change as a result of the application.

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g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; h) conservation of natural resources and flood control; i) the adequacy of utilities and municipal services; j) the adequacy of school sites; k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4).

Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted criteria.

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2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: c) a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The proposed severed lot size is ±3.26ha (8.06ac), which is sufficient size to accommodate the home, well and septic, and the barns. The proposed lot dimensions do not keep the area to an absolute minimum, electing to include land separated from the rest of the farm by a creek that bisects the southern corner of the property (see Schedule B). This portion of land is agriculturally viable and constitutes approximately 1.31ha (3.23ac), which Staff believe to be of significant size to separate from the agricultural lands. As such, Staff recommend the applicant/owner revise the severed lot size from ±3.26ha to 1.95ha (4.82ac) and subsequent frontage from ±164.0m (538.06ft) to ±10.0m (32.8ft). These reductions would increase the amount of available agricultural lands on the retained parcel and would be addressed as part of the Zoning By-law Amendment required by PPS Policy 2.3.4.1(c)(2). OMAFRA does not object to severances occurring prior to a sale of land for farm consolidation as long as the two criteria of Policy 2.3.4.1 are met regarding size and prohibition of residential uses. This flexibility allows current landowners to sell off the retained agricultural land without having to leave their home. Typically, the Municipality requires a written confirmation from the land owner or prospective buyer outlining the intent to purchase the lot. At the time this report was written, no such documentation had been received. As such, Staff ask that the owner provide a letter from a farmer indicating their intent to purchase the lands and to consolidate it with an existing operation. Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted Provincial Policy Statement interests, granted there is a reduction in size as discussed above.

COMMUNITY OFFICIAL PLAN (COP) The subject lands are designated as “Agricultural” in the Municipality’s Community Official Plan (COP). The Agricultural designation permits non-farm residential dwellings, accessory uses, and agricultural operations. Agricultural Consent Policies Section 3.2.7 of the COP provides the policies for Consents related to severances, lot creation, and lot addition. The following are those relevant to this Consent application:

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3.2.7.1 Farm-related severances may be considered for a farm dwelling, built prior to the adoption of the Community Official Plan (December 13, 2005), made surplus to a farming operation as a result of farm consolidation. Farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation […]. Only farmers who are expanding their farm holding shall qualify for surplus farm dwelling severances. The Town shall impose a condition on the severance of the surplus farm dwelling which shall require a zoning by-law amendment prohibiting the construction of a new residential dwelling on the farm land parcel rendered vacant as a result of the severance […]. The lot area and frontage for surplus farm dwelling lots should be kept to a minimum in order to keep as much land in agricultural production as possible, but generally should not be less than 0.4ha in size. 3.2.7.2 Farm consolidation severances on undersized agricultural properties may be considered provided the severed agricultural lands are consolidated with an abutting agricultural property. 3.2.7.3 Farm-related severances may be considered for the creation of a new agricultural holding provided that: i) Generally, the minimum lot area for agricultural parcels shall be approximately 100 acres. To this extent, this Plan encourages the creation of agricultural parcels in accordance with the original township lot fabric of the area. iii) The minimum lot area shall be sufficiently large to ensure the long- term flexibility of land to accommodate future agricultural uses. The subject farm dwelling was built around 1879 according to the Municipal Property Assessment Corporation (MPAC). OMAFRA does not object to severances occurring prior to farm consolidation, granted that the surplus dwelling lot size is minimized and there is a zoning by-law amendment condition. The amendment, which would prohibit a residence, ensures that the potential agricultural use remains unhindered. As such, pending the approval of a Zoning Amendment, the Consent application meets the intentions and requirements of a surplus farm dwelling severance. Section 3.2.7.2 indicates that undersized lots require a consolidation with an abutting agricultural property. However, there is no definition of “undersized.” When referring to farm severances, the COP requests a general holding size of 40.5ha (100ac), with flexibility provided via Section 3.2.7.3(iii) which stipulates that the minimum lot area is what can be regarded sufficient to accommodate future agricultural uses. Nonetheless, the retained property would maintain a minimum size of ±37.7ha (93.2ac) – 39.0ha (96.4ac) if readjusted to include the farmland at the southern corner separated by the creek. In either scenario, Staff believe that this is sufficient to accommodate the long-term flexibility for future agricultural practices. However, Staff remain of the opinion that the proposed severance should be kept to a smaller size outlined by this report. To ensure no new residential dwellings are built on the retained parcel and that it conforms to zoning provisions, the Municipality requests the

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landowner, as a condition of Consent, apply and receive approval for a zoning by-law amendment. Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted Consent policies within the COP subject to the successful approval of a rezoning application.

ZONING BY-LAW #11-83 The subject property is zoned “Agricultural (A)” by the Municipality’s Comprehensive Zoning By-law #11-83. Agricultural (A) Zone As noted, the proposed severance would separate a surplus farm dwelling from the entirety of agriculturally viable land. The following table outlines the minimum lot area and lot frontage requirements of the A Zone for non-farm residential and agricultural lots against the dimensions of those proposed and recommended: Table 1: A Zone Development Standards vs. Proposed Lot Dimensions

MINIMUM MINIMUM LOT 11.2 ZONE PROVISIONS LOT AREA (ha) FRONTAGE (m)

By-law requirement (Non-farm Residential 0.4 45 Use) Proposed Severed ±3.26 ±164.0 (as per Applicant) Recommended Severed ±1.95 ±10.0 (as per Municipality)

By-law requirement 40 150 (Agricultural Use) Proposed Retained ±37.7 ±445.9 (as per Applicant) Recommended Retained ±39.0 ±599.9 (as per Municipality)

The retained agricultural property would not conform to the minimum lot size of an agricultural use, albeit by very little. As part of the required rezoning of the property to prohibit residential uses, relief will also have to be requested to address the nominal lot area deficiency. To maximize the availability of agricultural land for future property owners, the Municipality recommends reducing the size of the severed dwelling lot from ±3.26ha (8.06ac) to ±1.95ha (4.82ac), as illustrated in Schedule C of this report. Furthermore, reducing the size of the severed lot would require a reduction in frontage from ±164.0m (538.06ft) to ±10.0m (32.8ft). Recommendation: Staff is of the opinion that the subject Consent proposal respects the above noted Zoning By-law provisions, granted that relief is obtained through a Zoning By-law Amendment.

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CONCLUSION As this proposal involves a surplus farm dwelling severance that would result in all lots being generally consistent, after alterations made to the severed lot size, with the Ontario Planning Act, Provincial Policy Statement, Community Official Plan, and Comprehensive Zoning By-law #11-83, Staff views the proposal to be a desirable and logical form of development. The proposed Consent application is compatible with the agricultural character of the surrounding area and can continue to be sustained by private well and septic services.

Municipality of Mississippi Mills Recommendations THAT the Municipality of Mississippi Mills has no objection to the lot taken from the lands described as Concession 7, Part Lot 22, Ramsay Ward, Municipality of Mississippi Mills, municipally known as 2380 Ramsay Concession 7B, subject to the following conditions: 1. That the owner pays 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; 4. That the applicant alters the proposed severed lot dimensions in general accordance with Schedule ‘C’ of the Municipality’s report, or otherwise deemed appropriate by Lanark County’s Land Division Committee; 5. That the owner provides the Municipality with a Letter of Intent to Purchase from a prospective buyer who would be consolidating the subject lands into an existing agricultural operation; 6. That the barn straddling the proposed rear lot line, as illustrated in Schedule B to the Municipality’s report, be demolished; 7. That the applicant rezones the retained vacant agricultural parcel to prohibit the construction of a residential dwelling on the lands and to obtain relief for the deficient lot area and frontage; and 8. That the applicant registers a covenant on title of the severed parcel stating that the lot is adjacent to an agricultural area and may therefore be subject to noise, dust, odours and other nuisances associated with agricultural activities.

Conservation Authority – MVCA Mississippi Valley Conservation Authority (MVCA) has been circulated the above noted application to conduct a review in terms of MVCA Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion.

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PROPOSAL It is our understanding that the purpose of the subject application is to sever one developed lot with an area of 3.26 ha, and retain a 37.7 ha agricultural landholding with an existing barn.

PROPERTY CHARACTERISTICS According to a review of available GIS mapping and aerial photography, a tributary of Union Hall Creek exists on the retained lands. This tributary flows through a wetland area that straddles the northwestern side lot line. A second tributary of the same creek flows through the severed parcel. In addition, a review of GIS mapping, provided by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), shows that the entire property consists of lacustrine/marine clay.

REVIEW Natural Heritage Features Watercourses In accordance with the municipalities' planning documents, as well as guidelines prepared in support of the Provincial Policy Statement, a minimum development setback of 30 m is recommended from any watercourse. Wetland One wetland was identified on the retained lands. This wetland, as well as its 30 m adjacent lands, are regulated under Ontario Regulation 153/06, as administered by MVCA. A minimum setback of 30 m, measured from the boundary of this feature, is required for any new development or site alteration.

Discussion Sufficient area exists on the retained land for potential new development in compliance with the 30 m setback from wetlands and watercourses. With respect to the severed lands, they are already developed with no new development proposed at this time.

Natural Hazards - Unstable Soils Lacustrine Clay It is provincial policy that: "Development shall generally be directed to areas outside of "c) hazardous sites" (Provincial Policy Statement 2014, Section 3.1.1.)' The PPS defines Hazardous sites" as lands that could be unsafe for development and site alteration due to naturally occurring hazards, including unstable soils (sensitive marine clays [leda]".

The subject property has been mapped as having Lacustrine Clay i.e. Marine Clay which is considered an Unstable Soil. We note MVCA's review is primarily focused on unstable soils as they relate to slopes that exceed a 5:1 (H:V) slope angle. It has been estimated that there are no slopes on the subject property as steep as 5:1. However, we suggest that municipalities and homeowners still consider the presence of this soil in the design of any potential new construction.

Organic Soils Organic soils have been identified on the subject property in association with the wetland on the retained lands. Due to the poor drainage and unstable

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characteristics of these soils, they are not suitable for development. Therefore, development should be directed outside of these areas unless supported by acceptable engineering techniques. Sufficient area appears to exist for potential new development beyond this hazard.

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, MVCA does not have any objection to the subject application provided the following is implemented for potential future development on the retained lands: 1. Potential future development, including a septic system shall be setback a minimum 30 m from the watercourse and wetland. 2. Existing vegetation along the shoreline of the watercourse and wetland shall be retained to a minimum depth of 15 m. This effort will help to mitigate the effects of erosion and surface runoff on these features. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the watercourse, wetland, or onto adjacent properties. 4. Pursuant to Ontario Regulation 153/06, written permission is required from MVCA for any development or site alteration in or within 30 m ofthe identified wetland.

We also recommend that the municipalities and homeowners consider the presence of unstable soils on the remainder of the property if any future development is proposed.

Mitigative measures may be necessary to ensure that development proceeds in a safe manner (refer to the document entitled Understanding Natural Hazards, 2001, prepared by the Province, as a guide).

NOTES A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard.

Septic Office – Leeds, Grenville and Lanark District Health Unit

General Description Severed – a 3.26 ha parcel of land with an existing house serviced by a well and septic system. There are various farm outbuildings and one that will be removed.

Recommendations Severed – additional sandy loam fill will be required in the area of the future replacement leaching bed.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

Ministry of Agriculture, Food and Rural Affairs (OMAFRA) comments have been included below in the Agricultural Operations section.

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(b) 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. (c) PLANNING REVIEW Background and Summary The applicant proposes to sever an irregular shaped lot containing an existing house and two barns, with an area of 3.26 ha (8.05 ha). There is a third barn which straddles the proposed new lot line and is noted to be removed. Road Access The lands are accessed via Ramsay Concession 7B. Source Water Protection 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 / Natural Hazards MVCA has identified unstable soils on the subject property as included within their comments above.

Agricultural Operations The following are comments received from OMAFRA. The subject site is in an agricultural area. Section 2.3.4 of the Provincial Policy Statement, contains policies in regards to lot creation and lot adjustments in prime agricultural areas. Specifically Section 2.3.4.1 c) is applicable to surplus farm dwelling consents. The policy is copied below.

2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for:

c) a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective;

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Additionally while not all surplus dwelling consent applications may require compliance with an MDS setback, PPS 2.3.3.3. would still be applicable.

OMAFRA would also like to comment on a statement that has been made in Section 6 g) of the application. The comment suggests that “…..Dwelling is existing and does not require MDS calculations for barns within 500m since it isn’t a new use proposed.” OMAFRA would like to clarify that MDS Guideline #9 does not fully exempt surplus dwelling consents from complying with an MDS setback. As per MDS Guideline # 9 subsection 2 a MDS setback is required if the scenario matches the development scenario described. This has been copied below

#9. MDS I Setbacks and Lot Creation for a Residence Surplus to a Farming Operation For a proposed severance of a residence surplus to a farming operation:

2. An MDS I setback is always required for a proposed lot with an existing dwelling when prior to the consent, that dwelling is located on the same lot as an existing livestock facility or anaerobic digester and after the consent, the dwelling would be on a lot separate from that same existing livestock facility or anaerobic digester. This is because such a proposal could create a potential odour conflict as the dwelling and the livestock facility or anaerobic digester will be on separate conveyable lots if the severance is approved. This is the case regardless of how a municipality chooses to treat existing livestock facility on lots separate from the dwelling prior to the consent.

Finally as per PPS 2.3.4.1 c) 2. the planning authority needs to ensure that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The most common approach that seems to be employed is through a zoning by-law amendment which precludes new dwellings on the farmland parcel. Soils Inventory – Name: Snedden - Stoniness: non-stony - CLI:1 – no limitations - Drainage: imperfect (tile drainage is noted on the sketch) - Hydrogeology: moderate

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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), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Bobolink THR Eastern Meadowlark THR 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. Local Official Plan - Mississippi Mills Official Plan Policies for Agricultural Consents are contained in Section 3.2.7. 3.2.7.1 Farm-related severances may be considered for a farm dwelling, built prior to the adoption of the Community Official Plan (December 13, 2005), made surplus to a farming operation as a result of farm consolidation. Farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation Only farmers who are expanding their farm holding shall qualify for surplus farm dwelling severances. The Town shall impose a condition on the severance of the surplus farm dwelling which shall require a zoning by-law amendment prohibiting the construction of a new residential dwelling on the farm land parcel rendered vacant as a result of the severance [. . .]. The lot area and frontage for surplus farm dwelling lots should be kept to a minimum in order to keep as much land in agricultural production as possible, but generally should not be less than O.4ha in size. 3.2. 7.3 Farm-related severances may be considered for the creation of a new agricultural holding provided that: i) Generally, the minimum lot area for agricultural parcels shall be approximately 100 acres. iii) The minimum lot area shall be sufficiently large to ensure the long-term flexibility of land to accommodate future agricultural uses. Zoning The subject property is currently within the Agricultural section of the Zoning By-law. The Rural section of the Zoning By-law provides minimum lot area for non-farm residential use. The retained lands will remain in the Agricultural zone, and currently do not meet the minimum area requirement, which is 40 ha, the proposed retained land will be slightly undersized at 36.8 ha. The municipality is suggesting that the lot area to be severed be reduced from 4.05 ha to 1.77 ha, to maximize the agricultural lands. At the time of writing, comments from the agent or the applicant had not been received, therefore discussion can occur at the hearing. The municipality has requested a re-

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zoning as a condition to prohibit residential uses on the retained lands and to recognize the reduced lot area, this is a standard condition for surplus farm dwelling consents. The proposed lot to be severed does exceed the minimum lot frontage and size area requirements for non-farm residential use. The applicant and or agent can provide the Land Division Committee with the rationale of the proposed lot area and the municipalities comments can be discussed. Conclusion 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 Municipality of Mississippi Mills and could be given favourable consideration. (d) MINUTES – December 11, 2018 Claude Cochran and Mrs. Cochran, owner attended the hearing and gave evidence under oath. Tracy Zander agent attended the hearing and gave evidence under oath. Irregular shaped lot due to the creek, Union Creek. Very difficult to access the field by the creek with todays large farm equipment. Is a larger surplus farm than typical but the creek is limiting, and access to is not suitable for agricultural purposes. Comments were received from agencies on the issues of survey, zoning, and farm consolidation. The comments were addressed through conditions to approve the application. 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. (e) 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. B18/068 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

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Secretary-Treasurer of the Land Division Committee 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, and a paper copy of the deposited 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. 4. The applicant shall provide the Municipality of Mississippi Mills two (2) paper copies and a digital copy of the deposited reference plan. 5. An appropriate right-of-way shall be registered over the lot to be severed in favour of the lot to be retained for access purposes. 6. The applicant shall rezone the lands to be retained to prohibit the construction of a residential dwelling on the lands and to obtain relief for the deficient lot area. 7. The owner shall provide the Municipality and the County of Lanark with a Letter of Intent to Purchase from a prospective buyer whom will be consolidating the subject lands into an existing agricultural operation. 8. The owner shall advise the Municipality that the barn straddling the proposed rear lot line has been demolished. 9. The applicant shall rezone the lands to be retained to prohibit the construction of a residential dwelling on the lands and to obtain relief for the deficient lot area and frontage; 10. The applicant shall register a covenant on title to the severed lands stating that the lot is adjacent to the an agricultural area and may therefore be subject to noise, dust, odours and other nuisances associated with agricultural activities. 11. A letter shall be received from the Municipality of Mississippi Mills stating that condition # 3 through # 9 has been fulfilled to their satisfaction.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: William and Ruth Sprott Hearing Date: December 11, 2018

Applicant/Agent: Bob McManus/ZanderPlan LDC File #: B18/078 Inc.

Municipality: Tay Valley Township Lot: 19 Conc.: 8

Geographic Township: North Burgess Consent Type: Lot Addition

Roll Number: 0911-911-015-16300

Purpose and Effect: To sever a 957.5 sq.m. vacant lot located at 468 Pike Lake Rte. 1 to add to a lot with an existing residence and outbuilding located at 464 Pike Lake Rte. 1. The retained land at 468 Pike Lake Rte. 1 will have an area of 0.34-ha with an existing residence and outbuilding.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Vacant Cottage Proposed Use Cottage Area 957.5 sq.m 0.34 ha Frontage n/a 68.9 m - water Depth Irregular Irregular Road - Access to Pike Lake Route 1 Pike Lake Route 1 Water Supply n/a Existing well Sewage Disposal n/a Existing septic Zoning By-law Category Seasonal Residential Seasonal Residential -Area (minimum) 4050 sq.m. 4050 sq.m. -Compliance? No No -Frontage (minimum) 60 m 60 m -Compliance? No No Official Plan Designation: Rural Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement – The following provides a summary of the Provincial Interests that were identified in reviewing the application: 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.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. County Official Plan – Section 2.0 Settlement Policies, 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.

Zoning By-law Section 3.0 General Provisions, Section 5 Residential Zones. The Township of Tay Valley advises that the proposal complies with the zoning by- law regulations.

The proposal in B18/078 is for a lot line adjustment to recognize existing access for a cottage lot. The application proposes to sever 957.5m2 (0.2 acre) of vacant land located at 468 Pike Lake Route 1 to add to the adjacent lot with an existing residence and out building located at 464 Pike Lake Route 1. The retained land at 468 Pike Lake Route 1 will have an area of 0.34-ha (0.83 acres) with an existing residence and outbuilding. The size of the lot at 464 Pike Lake Route 1 will

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increase to 2,642m2 (0.66 acres) in area. There will be no increase or decrease to the frontage on either lot as the driveway is located at the rear of the lot.

DISCUSSION Consistent with Provincial Policy Statement Yes Conforms to Official Plan Yes Complies with Zoning By-Law No Recommend consent for this application Yes Recommended Conditions for each severance:

PROVINCIAL POLICY STATEMENT No concerns.

COUNTY SUSTAINABLE COMMUNITY PLAN No concerns.

OFFICIAL PLAN The proposed enlarged and retained lots are designated Rural in the Official Plan.

ZONING BY-LAW The zoning is Seasonal Residential (RS) for both lots.

A minimum lot area of 4050m2 and 60 m of frontage is required for a new lot within the Seasonal Residential zone. Both the retained and enlarged lots do not meet the area requirements.

The owner must obtain a minor variance or zoning amendment for the enlarged and retained lands to recognize the undersized area of the proposed lots.

RIDEAU VALLEY CONSERVATION AUTHORITY (RVCA) RVCA has no objection to the proposed lot line adjustment. RVCA noted good shoreline planting on the lot receiving the addition. RVCA also noted the presence of an unevaluated wetland in the proposed severed land but no proposed lot lines would affect it. Currently the RVCA does not regulate unevaluated wetlands, but they strongly encourage their preservation for: flood attenuation; groundwater recharge to ameliorate drought conditions; drinking water filtration and habitat provision for many species of plants and animals.

RVCA also noted the subject land overlies a highly vulnerable aquifer which can be contaminated easily. Therefore RVCA urges land owners to take care to avoid practices that would contaminate groundwater.

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MISSISSIPPI RIDEAU SEPTIC SYSTEM OFFICE (MRSSO) The MRSSO has no objection to the lot addition as proposed.

CONCLUSION The Planner recommends that the consent be granted, subject to the conditions listed in the Staff Recommendation section above.

Tay Valley Township Recommendations: “THAT, the Council of Tay Valley Township recommend to the Land Division Committee of Lanark County that the Severance Application for RUTH C SPROTT and WILLIAM L SPROTT., #B18/078 (Part Lot 19, Concession 8 geographic Township of North Burgess) be approved subject to the following conditions: 1. That, the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 2. That, the applicant pay any outstanding fees to the Township prior to final approval. 3. That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township. 4. That, the applicant obtains relief from the area requirements of the Seasonal Residential Zone provisions of the Zoning By-Law either by way of minor variance or zoning by-law amendment.”

Conservation Authority – RVCA The Rideau Valley Conservation Authority has reviewed this application within the context of: - Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act; - The Rideau Valley Conservation Authority ("Development, Interference with Wetlands and Alteration to Shorelines and Watercourses" regulation 174-06 under Section 28 of the Conservation Authorities Act; - The Pike Lake - Crosby Lake Catchment Report.

The Proposal The Rideau Valley Conservation Authority understands that this application is for the purpose of performing a lot addition where a portion of 468 Pike Lake Route I (957 m') will be added to 464 Pike Lake Route I.

The Property The subject property is located fronting onto Pike Lake. It is approximately 0.45 hectares in size with water frontage of 72 metres. It is occupied by a recreational dwelling and outbuilding. It is serviced by a private well and septic system. The property which will be added to is approximately 1684 m with water frontage of 152 metres. It also includes a dwelling and outbuilding serviced by a private well and

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septic system. Both properties are located within the Pike Lake - Crosby Lake Catchment Area of the Tay River Subwatershed.

Our review did not indicate any regulatory floodplain, or the presence of unstable slopes. During the course of a site visit to the property unevaluated wetlands were observed. The property is located within a highly vulnerable aquifer according to Tay Valley Township's Official Plan.

464 Pike Lake Route I was the subject of a site plan control agreement in 2009 when the septic system was replaced. Shoreline plantings were recommended surrounding the peninsula upon which 464 Pike Lake Route I is located. RVCA staff was pleased to see that the plantings were observed to be in place as specified in the site plan control agreement.

Review Comments and Recommendations The RVCA would like to take this opportunity to indicate that should any works or any alteration to the shoreline be proposed, prior written approval from the RVCA is required as per our Regulation 174/06 (Development, Interference With Wetlands and Alterations to Shorelines and Watercourses). The proposed severed lands were observed to have an unevaluated wetland of approximately 0.14 hectares consisting of an open water marsh transitioning into a hardwood swamp. Unevaluated wetlands are currently not regulated by the Conservation Authority, however they may become regulated under the Conservation Authorities Act in the future (please see note on Section 139 further in this letter). Given the numerous benefits of all wetlands, the Conservation Authority strongly encourages their preservation. These 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 plants and animals (often including fish).

Please note: Bill 139 received Royal Assent on December 12th, 2017 which included amendments to the Conservation Authorities Act and redefines the Conservation Authority's role in watershed management, climate change adaptability and natural hazards. Among the changes, a new Section 28 specifically changes regulation of areas over which authorities have jurisdiction. As a result, the RVCA will be reviewing the implementation of our policies and procedures to comply with the updated Conservation Authorities Act. For further information on these changes please see the following link: http://conservationontario.calpolicy-priorities/conservationauthorities-actl.

It should be noted that the proposed addition to a Iot severance is not expected to impact the unevaluated wetland. The subject property is also identified as overlying a highly vulnerable aquifer.

These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking ground water supplies.

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For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater.

Conclusion In conclusion, The Rideau Valley Conservation Authority has no objection to the subject application. The RVCA would like the review comments and recommendations noted on any decision by the Land Division Committee.

The applicant proposes to sever a 957.5m2 area from the retained parcel, to provide a lot addition to 464 Pike Lake Route 1. The area to be served is treed with light under storey cover and undulating bedrock, exposed at the surface of the ground. No test pits were provided.

The retained parcel is approximately 0.34 ha. The retained parcel is developed with a dwelling and outbuildings. The dwelling is serviced by a Class 4 and Class 1 sewage system, re-inspected in 2010. The retained parcel is mostly treed with areas of exposed bedrock and a small open area that appears to be location of the leaching bed. No test pits were provided.

The lot addition, as proposed, does not impede the ability to replace, repair, operate or maintain the existing sewage systems on either lot.

Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

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Source Water Protection 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 As per RVCA’s comments, both properties are within the Pike Lake – Crosby Lake Catchment Area of the Tay River Subwatershed. 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), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Eastern Musk Turtle SC

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. Tay Valley Official Plan Policies 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: size and setbacks appropriate to zoning designations, frontage on existing public roads (or existing private road for waterfront development), studies as required, MDS separation. The lot creation date for Tay Valley is January 1, 1991. 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 have been established by Tay Valley Township. Zoning At the time of application, the subject property was in the Seasonal Residential section of the Zoning By-law, which permits a number of uses, including single- detached dwellings.

Neither the retained lands nor the lot to be enlarged meet the minimum area

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requirements of the Township’s Zoning By-law. The municipality has advised that the owner must obtain a minor variance or a zoning amendment for the enlarged and the retained lands prior to final approval, to recognize the undersized lot area. Conclusion 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 Tay Valley Township and could be given favourable consideration. (e) OPTIONS FOR COMMITTEE CONSIDERATION i) Approve – with conditions that address the issues identified as a result of the circulation process: The following draft conditions have been prepared by the County Planner and are based on the Policy and Regulation Analysis and the responses and recommendations provided by the local municipality and various agencies. Please note that these are “Recommendations Only” and may be amended, changed, deleted or added to by the Land Division Committee as a result of the Public Hearing. B18/078 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 of the Land Division Committee 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, and a paper copy of the deposited reference plan. 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 Peter Berg and Nancy Berg, Concession 8, Part Lot 19, Assessment Roll Number 0911 911 015 15900, 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

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local improvement charges, if applicable) shall be paid to the Township. 5. The applicants shall satisfy all the requirements of Tay Valley Township, financial and otherwise, that may be required under established by-laws for consent applications. 6. The applicant shall provide Tay Valley Township with two (2) copies of an acceptable reference plan and transfer document. 7. The applicant shall provide the Township with a copy of the deed/transfer for the property 8. The applicant shall obtain appropriate relief from the minimum lot area provisions of the Zoning By-law for Tay Valley Township either by way of an amendment to the Zoning By-law or a minor variance. The applicant shall consult directly with the Township in this regard. 9. A letter shall be received from Tay Valley Township stating that condition # 4 through #8 has been fulfilled to their satisfaction. ii) Defer - with reasons / matters to be addressed prior to reconsideration and date to which the matters/reasons must be completed. iii) Refuse – with reasons

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: John & Geraldine Vanderspank Hearing Date: December 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/079 & B18/080

Municipality: Drummond/North Elmsley Lot: 9 Conc.: 10

Geographic Township: Drummond Consent Type: New Lot

Roll Number: 0919-919-020-15500

Purpose and Effect: To create two new lots. B18/079: To sever a 4.048-ha vacant lot, for future residential purposes. B18/080: To sever a 4.047-ha vacant lot, for future residential purposes

DETAILS OF PROPOSAL Lands to be Lands to be Lands Retained Severed Severed B18/079 B18/080 Existing Use Vacant Vacant Cropland Proposed Use Residential Residential Cropland Area 4.048 ha 4.047 ha 63.34 ha Frontage 126.5 m 250 m 250.4 m Depth 320 m 161.9 m Irregular Road - Access to Drum Con 10A Drum Con 10A Drum Con 10A Water Supply Proposed well Proposed well n/a Sewage Disposal Proposed septic Proposed septic n/a Zoning By-law Category RU RU RU -Area (minimum) 4000 sq.m 4000 sq.m 4000 sq.m -Compliance? Yes Yes Yes -Frontage (minimum) 45 m 45 m 45 m -Compliance? Yes Yes Yes Official Plan Designation: Rural and Significant Wetland 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

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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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. County Official Plan – Section 2.0 Settlement Policies, 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 3 General Provisions, Section 4.3 Rural Policy Area, Section 5.3 Local Roads, Section 6.3 Division of Land. The Township of Drummond / North Elmsley advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law Section 4 General Provisions, Section 7 Rural Zone The Township of Drummond / North Elmsley advises that the proposal complies with the zoning by-law regulations.

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(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 REVIEW OF PROPOSAL AND APPLICATION An application for consent B18/079 and B18/080 has been received from the County of Lanark Land Division Committee for the creation of one residential lot for lands legally described as Part Lot 9, Concession 10, geographic Township of Drummond.

The purpose of the application is to sever a two (2) residential building lots (4.048- ha and 4.047-ha), and to retain a 63.34-ha vacant landholding.

Staff recognize that the addition of two rural-residential building lots would be considered 'limited residential development' and that the development would be compatible with the rural character of the surrounding area as there are other rural residential properties located along the Ferguson Falls Road. Two previous consent were obtained off Ferguson's Falls Road (B17/022 and B17/021). These consents will access Drummond Con 10A.

The proposed severed lot would be serviced by private well and septic. Permits from the Health Unit would be required prior to any new development.

OFFICAL PLAN Applications for consent must be evaluated with the policy directives of Section 6.3, which provides direction for the division of lands within the Township.

The property is designated as Rural on Schedule 'A' of the Township's Official Plan.

The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts.

Section 3.13.15 - Significant Woodlands of the Official Plan required that an EIS would be required, due to the proposed lots being located within the Natural Heritage Area. An EIS was completed by Pinegrove Biotechnical, which provided recommendation for development: 30m setback from any wetlands; snags and chicots to be retained, roof run-off to be led to underground pits; open soils to be re-seeded, AOC where no land use change is allowed. Therefore a 'Development Agreement' will be required as a condition of consent.

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DISCUSSION Review by the Public Works Department indicated that the lands being proposed through B18/080 are low lying; therefore a grading and drainage plan will be required. Standard entrance permit and civic address applications are required.

B18/080 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) 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 (in both paper and electronic format). 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township. The applicant shall consult directly with the Township in this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. At the sole expense of the applicant that the applicant enter into a Development Agreement with the Township. The wording of the agreement shall be acceptable to the Municipality and shall address the recommendations outlined in the Environmental Impact Statement prepared by Pinegrove Biotechnical dated Feb 21, 2017 and May 21, 2018." 7. The applicant shall provide and overall grading and drainage plan, satisfactory to the Township.

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NOTES That the applicant be made aware that the proposed severances may be subject to future costs associated with the creation and maintenance of a potential Municipal Drain. These future lots fall within the catchment area of what is called the Gold Creek Municipal Drain study area. In the event that this Municipal Drain does not get approved, then there will be no effect on these lots. For further information contact McIntosh & Perry Consulting Engineers, Perth Ontario who are the Drainage Superintendents working on behalf of the municipality.

Conservation Authority – MVCA Mississippi Valley Conservation Authority (MVCA) has been circulated the above noted applications to conduct a review in terms of MVCA Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion.

PROPOSAL It is our understanding that the purpose of the subject applications is to sever two vacant parcels of land, both with a proposed area of 4 ha. The resulting retained land is developed with a barn and shed, with a proposed area of 63 ha.

PROPERTY CHARACTERISTICS According to a review of available GIS mapping and aerial photography, an unclassified wetland occupies a significant portion of Severance 2 as well as the southern end of the retained lands. A second wetland exists on a large portion of the retained lands. A small section of this wetland extends across the eastern lot line of Severance 1. In addition, two primary and one secondary branch of a tributary of the Mississippi River flow through the retained lands and within 30 m of both severed parcels. No other significant natural heritage features or natural hazards were identified on the subject property.

REVIEW Natural Heritage Features Watercourses A minimum development setback of 30 m is recommended from any watercourse, including the unnamed watercourses identified on the retained and within 30 m of the severed lands. We note that the Township of Drummond/North Elmsley's Zoning By-law also requires a minimum development setback of 30m from watercourses.

Wetland The two wetlands identified on the subject property, as well as their 30 m adjacent lands, are regulated under Ontario Regulation 153/06, as administered by MVCA.

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A minimum setback of 30 m, measured from the boundary of these wetlands, is required for any new development or site alteration.

Discussion Sufficient area exists on Severance 1 for new development in compliance with the 30 m setback from wetlands and watercourses. With respect to Severance 2, buildable area is limited given the predominance of wetland; however, it is estimated that it is feasible with careful site selection. We note that an Environmental Impact Statement, prepared by Pinegrove Biotechnical (dated Feb 21, 2017) also estimated sufficient area.

Natural Hazards Organic soils have been identified on the subject property in association with the wetlands. Due to the poor drainage and unstable characteristics ofthese soils, they are not suitable for development.

Therefore, development should be directed outside of these areas unless supported by acceptable engineering techniques. Sufficient area appears to exist for new development beyond this hazard.

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, MVCA does not have any objection to the subject applications. Provided the following mitigative measures are adhered to for future development on the severed lands: 1. Future development, including a septic system shall be setback a minimum of 30 m from the high water mark of the watercourses and wetlands. 2. The shoreline vegetation surrounding the wetlands and watercourses shall be retained to a minimum depth of 15 m. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the wetlands, watercourses or onto adjacent properties. 4. Future development shall be directed away from wetland areas consisting of organic soils. 5. Pursuant to Ontario Regulation 153/06, written permission is required from MVCA for any development or site alteration in or within 30 m of the identified wetlands.

NOTES The applicant should be advised that a portion of the retained and severed land are regulated by MVCA pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses", A permit is required from MVCA prior to- any development or site alteration in or within 30 m of the wetlands, or for any shoreline alterations to the watercourses. We advise consultation with Fisheries and Oceans Canada-DFO [email protected] prior to conducting any work within the watercourses, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work.

Ministry of Natural Resources and Forestry (MNRF)

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The MNRF biologist suggests that the following species should have been identified and addressed it the EIS:

Eastern Wood Peewee (SC) identified right on or immediately adjacent to the Drummond Con 10A Lot 9 Eastern Meadowlark (THR) – within ½ km documented to utilize highly manipulated agricultural areas Bobolink (THR) – concur with HVR unlikely to occur Bank Swallow (THR) - – concur with HVR unlikely to occur Barn Swallow (THR) – concur with HVR unlikely to occur Wood Thrush (SC) – unlikely to occur Snapping Turtle (SC) – acknowledged to be present on property but not impacted by severance and development.

Regarding the wetlands I should advise: The unevaluated wetlands associated with Golds Creek are found on both proposed parcels. The planning authority should be satisfied that there is a suitable building envelop on the proposed lots, sufficiently separated from the unevaluated wetland, to accommodate a home and any future proposed accessory structures, without negatively impacting the wetland feature. In the absence of an OWES wetland evaluation, the planning authority must also be satisfied that the mitigating measures are reasonable.

A condition has been proposed to address the unevaluated wetlands associated with Golds Creek and building envelopes.

In regards to the Species At Risk, MNRF has recommended that for the peewee and the meadowlark, work should be done outside of the breeding window which is May 1 and July 31. The MNRF notes that Eastern Meadowlark is a regulated species at risk. If the site is Eastern Meadowlark habitat the owner will need to register the work in order to receive the exemption and be compliant with the ESA.

Compliance with the Endangered Species Act is the owner’s responsibility and is applicable to any works.

The Environmental Impact Statement prepared by Pinegrove Biotechnical estimates that there is sufficient area on both of the proposed lots for development. Mitigation measures are proposed which will be contained within the Development Agreement.

Septic Office – Leeds, Grenville and Lanark District Health Unit

General Description Severed – a 10 acre plot of land with no existing buildings. Some trees with low lying vegetation and exposed rock throughout the property. Generally slopes towards Drummond concession 10A. Variable soil depth.

Recommendations Severed – additional sandy loam fill will be required for the installation of the septic system.

Hydro One Networks – No comments were received.

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Bell Canada R-O-W – No concerns or objections.

An e-mail was received from Mark Lowe:

Good morning Julie, I'm writing you regarding these two severances on Concession 10A Drummond Twp my home pin# is 2043 which is across the road from these building lots. My only concern is the drainage of water from the property that is to the left of my home if you were looking out my front door and facing the road. At present there is a culvert which takes the run off from my side of the road and crosses the road and goes through this property and makes its way to the river. In the spring time there is a considerable amount of water which passes through this culvert to prevent flooding of my home. The property owner behind me has a drain which drains his fields and runs behind my property to this area next to my property and crosses the road through this same culvert. This is a new drain and I imagine that there will be even more run off next spring do to this. My 2 neighbours next doors run off also comes through my yard so there can be quite a bit in the spring and this year my home got flooded badly twice this spring. I'm not opposed to building across from me I'm just concerned about how drainage will be affected. Comment: The e-mail was provided to the Manager of Public Works at the Township of Drummond / North Elmsley, whom advised that he is aware of the drainage issues in this area and the Township will ensure that Mr. Lowe’s outlet is protected. (d) PLANNING REVIEW Background and Summary The applicant proposes to create two new lots. Three previous consents have been approved for the landholding in 2017. The previous consents have frontage on Fergusons Falls Road. The proposed new lots are large lots, slightly more than 4 ha (10 acres). The EIS states that there is suitable area for development on both lots. Road Access The lands are accessed via Drummond Concession 10 A, a municipally owned and maintained road. Source Water Protection 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.

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Natural Heritage An EIS was provided as the property contains Significant Woodlands as identified on Schedule B of the Township Official Plan. Comments have been received from MVCA and MNRF as noted within this report. The EIS and the S.A.R. Addendum, both prepared by Hans von Rosen are attached to this Staff Report. Agricultural Operations The retained lands are used for agricultural purposes for crops. 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), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Eastern Wood PeeWee SC 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. Local Official Plan

Section 4.2.2.2 (1) Development shall be encouraged to take place by plan of subdivision; however, severances may be permitted, in accordance with the policies of Section 6.3 of this Plan. Section 4.4.4 Residential Development Residential Development is defined as having frontage on and direct access to an opened public road which is maintained year-round. Residential Development may be permitted in accordance with the following policies. 4.3.4.2 Lot creation shall take place in accordance with the lot creation policies of Section 6.3. In order to maximize the efficiency of servicing new Residential Development, Council shall encourage Residential Development to locate in close proximity to existing built-up areas within the Township. Notwithstanding the foregoing, however, Council shall not permit the creation or extension of strip development pursuant to the policies of Section 6.3.2.3 and 6.3.2.4. Section 6.3 Division of Land Lot creation generally takes place in two ways: by consent (severance) and by plan of subdivision. Development by plan of subdivision and plan of condominium generally provides for a more thorough and comprehensive

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review of development. However, under certain circumstances where a plan of subdivision or condominium is not necessary for proper and orderly development, a consent to a land conveyance may be granted. 6.3.1.1 Lots should be created only in areas where the undue extension of any major service would not be required. 6.3.1.3 Lots should be created only when the land fronts on an existing public road which is of reasonable standard of construction, except as permitted for Limited Services Residential, Tourist commercial development and for certain rural uses as specified in the plan. Additional Policies for Consents In addition to the policies of Section 6.3.1, the following policies apply to consents which are intended to create new lots for development. Where the consent is for technical purposes such as a lot addition, or is to create a right- of-way or easement for such purposes as a utility corridor, access, conservation use, etc., the applicable policies of this section apply. Otherwise, such consents shall be evaluated on the basis of policies of the land use designation(s) in which the land is located as well as the intent of the General Provisions policies contained throughout Section 3 of this Plan. 6.3.2.3 Outside the designated Hamlets, consents are to be granted on a limited basis in accordance with the policies of Section 4.3.4.1 and 6.3.2.6. Further, consents should have the effect of infilling in existing developed areas and not of extending an urban area or existing strip development. In determining whether a consent will result in the creation or extension of strip development, the visual impact of the proposed development shall be assessed. Specifically, consents should not be granted on flat, open land, but rather in areas having natural tree cover, scenic views and/or rolling terrain where natural landscape features prevent extensive views of development, especially along straight stretches of road. Further, the existing vegetation and terrain should be disturbed as little as possible 6.3.2.6 Generally, the division of land by consent is intended for the creation of a limited number of lots. Where more than three lots (excluding the retained lot) have been created or are proposed to be created from an original parcel of land as it existed on January 1, 1979, development shall occur by plan of subdivision, pursuant to the policies of this Plan. Notwithstanding the foregoing and subject to all other relevant policies of this Plan, more than three lots may be created by consent in circumstances where a plan of subdivision is not considered necessary such as, but not limited to: 1. blocks on a plan of subdivision which are planned from the outset to be further subdivided; 2. land which is designated Hamlet; 3. lots which had been previously severed and had subsequently merged in title may be re-severed provided that they meet the minimum requirements of the implementing Zoning By-law; 4. land which is to be developed for Limited Services Residential

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Development, pursuant to the policies of Sections 4.3.5 and 5.5; 5. large properties which front on two or more roads, such as through lots, where development along each road frontage can be considered on its own merits because of the distance separating the respective areas to be developed. Where it has been deemed acceptable to create more than three lots by way of consent, Council may require some or all of the studies normally required to support applications for plans of subdivision. The studies required to support consent applications of more than three lots (excluding the retained lot) will be determined through consultation with the appropriate agencies (Conservation Authorities, Ministry of Natural Resources, etc.).

Woodlands The area has some land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover.

An EIS was prepared for these consent applications. 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 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 Drummond / North Elmsley and could be given favourable consideration. (e) MINUTES – December 11, 2018 Tracy Zander, agent attended the hearing and gave evidence under oath. Previous consents on Fergusons Falls Road. Comments were received from agencies on the issues of survey, drainage, entrances, Development Agreement. The comments were addressed through conditions to approve the application. 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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(f) 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. B18/079 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 of the Land Division Committee 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.

4. The applicant 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.

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 Numbers from the Township of Drummond / North Elmsley. The applicant shall consult directly with the Township in this regard.

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to the Municipality and shall address the recommendations outlined in the Environmental Impact Statement prepared by Pinegrove Biotechnical dated February 21, 2017 and May 21, 2018. The Development Agreement shall also contain provisions related to the requirement of a lot grading and drainage plan to be provided to the Township of Drummond / North Elmsley for approval prior to the issuance of any building permits. 10. A letter shall be received from the Township of Drummond/North Elmsley stating that condition # 3 through #9 has been fulfilled to their satisfaction. NOTES 1. That the applicant be made aware that the proposed severances may be subject to future costs associated with the creation and maintenance of a potential Municipal Drain. These future lots fall within the catchment area of what is called the Gold Creek Municipal Drain study area. In the event that this Municipal Drain does not get approved, then there will be no effect on these lots. For further information contact McIntosh & Perry Consulting Engineers, Perth Ontario who are the Drainage Superintendents working on behalf of the municipality. 2. 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 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. 3. Mississippi Valley Conservation Authority (MVCA) notes that the applicant should be advised that a portion of the retained and severed land are regulated

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by MVCA pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses", A permit is required from MVCA prior to- any development or site alteration in or within 30 m of the wetlands, or for any shoreline alterations to the watercourses. We advise consultation with Fisheries and Oceans Canada-DFO [email protected] prior to conducting any work within the watercourses, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work.

B18/080 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 of the Land Division Committee 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.

4. The applicant 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.

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 Numbers from the Township of Drummond / North Elmsley. The applicant shall consult directly with the Township in this regard.

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Drummond/North Elmsley. The wording of the agreement shall be acceptable to the Municipality and shall address the recommendations outlined in the Environmental Impact Statement prepared by Pinegrove Biotechnical dated February 21, 2017 and May 21, 2018. The Development Agreement shall also contain provisions related to the requirement of a lot grading and drainage plan to be provided to the Township of Drummond / North Elmsley for approval prior to the issuance of any building permits. 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. That the applicant be made aware that the proposed severances may be subject to future costs associated with the creation and maintenance of a potential Municipal Drain. These future lots fall within the catchment area of what is called the Gold Creek Municipal Drain study area. In the event that this Municipal Drain does not get approved, then there will be no effect on these lots. For further information contact McIntosh & Perry Consulting Engineers, Perth Ontario who are the Drainage Superintendents working on behalf of the municipality. 2. 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 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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3. Mississippi Valley Conservation Authority (MVCA) notes that the applicant should be advised that a portion of the retained and severed land are regulated by MVCA pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses", A permit is required from MVCA prior to- any development or site alteration in or within 30 m of the wetlands, or for any shoreline alterations to the watercourses. We advise consultation with Fisheries and Oceans Canada-DFO [email protected] prior to conducting any work within the watercourses, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work.

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