TOWNSHIP OF LAURENTIAN VALLEY PLANNING & ECONOMIC DEVELOPMENT COMMITTEE/COUNCIL TO: Chair/Reeve Robinson; Mayor Bennett; and Members of Committee/Council FROM: Lauree J. Armstrong, MCIP, RPP, Township Planner CC: Dean Sauriol, CAO/Clerk DATE: March 31, 2016 RE: Authorization to Enter into a Development Agreement required as Condition of Consent Approval for B143/15 (Beck) SUBJECT: Planning Memorandum No. 2 RECOMMENDATION: That Council authorize the Mayor and CAO to enter into a Development Agreement with Erwin Beck and Theresia Beck related to a condition of Consent B143/15 and forward the associated By-law as presented to the By-law portion of the April 5, 2016, Special Council Meeting. BACKGROUND: Location of Property: Stafford Third Line and Stoqua Creek Road, East Part Lot 1, Concession 3, geographic Township of Stafford Roll Number: 4766-066-010-07500 Applicant: Jp2g Consultants Inc. Att’n: Eric Withers Property Owners: Erwin and Theresia Beck OP Designation: Agriculture and Mineral Aggregate Resource Existing Zoning: Severed Lot: Agriculture-Exception Twenty-Two (A-E22); Retained Lot: Agriculture-Exception Twenty-One (A-E21) and Extractive Industrial Reserve (EMR) in Comprehensive Zoning By-law No. 08-04-391 Existing Land Use: Severed: Existing Single Detached Residential Dwelling; and Retained: Farm Proposed Land Use: Same as above Servicing: Existing Individual Private Well and Septic System Access: Severed: Stafford Third Line (year-round maintained Township Road); Retained: Stafford Third Line and Stoqua Creek Road Page 1 of 3 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE/COUNCIL RE: Authorization to Enter into a Development Agreement required as Condition of Consent Approval for B143/15 (Beck) SUBJECT: Planning Memorandum No. 2 COMMENTS: A request for the Township to prepare a Development Agreement to be entered into with Erwin Beck and Theresia Beck has been received from their Consultant, Eric Withers of Jp2g Consultants Inc. The Agreement is required to address Condition 2. of approval of County of Renfrew Application for Consent File B143/15. Copies of the March 10, 2016 decision along with a change of condition notice dated March 15. 2016, are attached to this Report. The need for the Agreement is related to both the former agricultural use of the outbuildings on the retained lot and due to the presence of aggregate resources on the severed lot closer than 150 metres to the existing dwelling on the retained lot. Prior to the severance being approved, the property was also subject to a zoning by-law amendment where the retained lot was rezoned to prohibit residential uses in order for the severance to comply with the requirements of the Official Plan and the PPS and to not negatively impact the agricultural potential of the area or mineral aggregate resource potential of the lot or adjacent lands. The rezoning also addressed the potential impact on aggregate and bedrock resources in the area as a portion of the proposed retained lot is designated Mineral Aggregate Resource on Schedule “A-4” to the Official Plan and as bedrock resource on Appendix IA to the Official Plan. To address this issue and the agriculture related issues, a Planning Report entitled “Aggregate and Bedrock Impact Assessment In Support of the Severance of a Single Residential Lot” dated December 2, 2015, was prepared by Jp2g Consultants Inc. on behalf of the Becks and submitted in support of the Applications for Zoning By-law Amendment and Consent. While some of the recommendations could be addressed through the zoning by-law amendment, additional considerations are required to be addressed through a Development Agreement to be registered on title. The Agreement that has now been signed by the property owners, includes language advising future owners of the possibility of gravel pits or aggregate operations being located adjacent the property which could result in impacts due to noise, dust, vibration, truck traffic, etc., as a result of the location of the property in close proximity to areas identified with the potential for mineral aggregate extraction. The Agreement also includes language wherein the Owners agree that the former barns on the severed lot are no longer used for “Livestock Facilities” and will hereafter be considered storage buildings for non-farm use. As such, potential purchasers are hereby notified that farming is not currently a permitted use on the severed lot. It is noted that there is a clause in the Agreement that states that no amendment to the Agreement is required should the zoning by-law and/or other municipal by-laws change in the future that would have the effect of allowing the keeping of farm animals on the property. A copy of the Agreement signed by the property owners, Erwin and Theresia Beck is attached, along with the proposed By-law to authorize the Mayor and CAO to also sign the Agreement. Once that process is complete, Township staff will be in a position to issue a clearance letter to the County of Renfrew Land Division Committee so that they can issue the Certificate for the consent once they have the survey. The Agreement would then be registered on title to the retained lot as soon as the Certificate is registered for the severed lot as it only applies to the retained. Page 2 of 3 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE/COUNCIL RE: Authorization to Enter into a Development Agreement required as Condition of Consent Approval for B143/15 (Beck) SUBJECT: Planning Memorandum No. 2 SUMMARY Staff recommends Council approve By-law 2016-04-012 at the Special Council Meeting of April 5, 2016, as presented, to authorize the Mayor and CAO to enter into the Professional Services Agreement. PEOPLE CONSULTED Roy Reiche, Township Solicitor; Bruce Howarth, Senior Planner – County of Renfrew FINANCIAL IMPLICATIONS N/A ATTACHMENTS: 1. Copy of Decision of Consent Approval and Change of Conditions Notice for B143/15 from the County of Renfrew Land Division Committee 2. Copy of Development Agreement signed by the Becks 3. Draft By-law 2016-04-012 (to Authorize signing of Beck Development Agreement) Respectfully Submitted Township of Laurentian Valley “ORIGINAL SIGNED BY” Lauree J. Armstrong, MCIP, RPP Township Planner Page 3 of 3 9 INTERNATIONAL DRIVE PEMBROKE, ON, CANADA K8A6W5 Department of Development & (613) 735-3204 Property FAX: (613) 735-2492 www.countyofrenfrew.on.ca March 11, 2016 Jp2g Consultants Inc. 12 International Dr. Pembroke, ON K8A 6WS Dear Mr. Withers Subject: Consent Application from Erwin & Theresia Beck Part of Lot 1, Concession 3 Geographic Township of Stafford, Township of Laurentian Valley B143/16 (120m x 190m- 2.3 ha.) Attached is a copy of the Decision and the Notice of Decision pertaining to the subject Application for Consent. It is the Applicant's responsibility to initiate and fulfill the conditions of consent, if applicable. Yours truly, ~~w Alana Zadow, ACST Secretary-Treasurer Land Division Committee azadow@cou ntyofrenfrew. on. ca az: Enclosures cc. Lauree Armstrong,Township of Laurentian Valley F:\PLANNING\Data\LDC\FORMS\Decision.ltr.doc Applicants: Erwin & Theresia Beck Date of Decision: March 10, 2016 File No.: B143/15 Date of Notice: March 11, 2016 Geographic Township of Stafford Last Date of Appeal: March 31, 2016 In The Township of Laurentian Valley Last Date For Meeting Pt. Lot 1, Con. 3 Conditions: March 11. 2017 NOTICE OF DECISION RE APPLICATION FOR CONSENT SECTION 53 OF THE PLANNING ACT Attached hereto is a copy of the Decision regarding Application No. B143/15. Critical dates relating to the Decision are listed above. APPEALING THE DECISION OR CONDITIONS Only individuals, corporations and public bodies may appeal Decisions in respect of applications for consent to the Ontario Municipal Board. A Notice of Appeal may not be filed by an unincorporated association or group. However, a Notice of Appeal may be filed in the name of an individual who is a member of the association or group. A Notice of Appeal, setting out written reasons in support of the appeal and accompanied by the fee prescribed by the Ontario Municipal Board, must be submitted to the Secretary-Treasurer within twenty (20) day of the date of giving Notice of the Decision. The cost of an appeal is $125.00 with the certified cheque or money order payable to the Minister of Finance. A copy of an appeal form is available from the OMB website at www.omb.gov.on.ca. If within twenty (20) days of the date of completion of giving of Notice (mailing), no Notice of Appeal is submitted, the Decision is final and binding, and the Secretary-Treasurer is required to notify the applicant and to file a copy of the Decision with the Clerk of the Municipality. CONDITIONS: Any conditions imposed, including the requirements for a survey or a registerable description of the severed lot, must be met within one year of the date of the Notice of Decision or the consent shall be deemed to be refused. If conditions have been applied, you will be entitled to receive notice of any changes to the conditions of the provisional (conditional) consent, if you have either made a written request to be notified of the Decision to give or refuse to give provisional consent, or a written request to be notified of changes to -conditions of provisional consent. It is important to note that a registered plan of survey or a registerable legal description required as a condition of consent (refer to Decision attached) must be in compliance with the sketch submitted with your consent application. - 2 - ADDITIONAL INFORMATION Additional information regarding the application for consent will be available to the public for inspection at the Office of the Development and Property Department from Monday to Friday between 8:00a.m. and 4:00 p.m.