The Corporation of the Municipality of Central Elgin

Transcription

1 The Corporation of the Municipality of Central Elgin Page ORDER OF THE DAY FOR THE PLANNING MEETING OF COUNCIL ON MARCH 18th, 7:30 PM IN THE COUNCIL CHAMBERS Roll Call Disclosure of Pecuniary Interest and the General Nature Thereof Delegation(s) Correspondence (Action) 3-5 Correspondence (for Council's Information) 1. Central Elgin Official Plan Correspondence received from Ministry of Municipal Affairs & Housing respecting status of Central Elgin Official Plan. Reports Central Elgin Planning Office 7-17 Chief Administrative Officer CAO13.13 (William Kocsis) By-law(s) By-law 1569 By-law 1570 Public Notice Resolutions New Business Confirmatory By-law Being a By-law to Establish Certain Lands as Part of a Public Highway known as Robin Ridge Drive and Part of a Public Highway known as Brenmar Crescent Page 1 of 21

2 Page Unfinished Business Closed Session Security of Property (s. 239 (2)a) - Port Stanley Harbour Adjournment Page 2 of 21

3 Ministry of Ministbre des Municipal Affairs and Housing et du Lagement pales Municipal Services Office - Bureau des services aux municipalites - Western region de I' Ouest r Ontario 659 Exeter Road, 2nd Floor 659, me Exeter, 2 stage London N6E 1L3 London Tel. (519) Toll Free Sans frais Fax (519) Telec (519) March 1, 2013 Mr. Donald N. Leitch, C.A. O. /Clerk Municipality of Central Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 CEI T.. D Tel. (519) LH L MAR Municipality of Central Elgin PER: TIME: Subject: Subject: Status Status of of the the Decision Decision on on the the Official Official Plan Plan for for the the Municipality Municipality of of Central Central Elgin Elgin Our Our File File No.: No.: OP OP Dear Dear Mr. Mr. Leitch: Leitch: This This letter letter is is further further to to the the Notice Notice of of Decision Decision given given on on February February 8, 8, pursuant pursuant to to subsections subsections 17( 17( 34) 34) and and ( ( 35) 35) of of the the Planning Planning Act Act with with respect respect to to the the approval approval of of the the Official Official Plan Plan for for the the Municipality Municipality of of Central Central Elgin. Elgin. It It is is intended intended to to provide provide you you with with the the status status of of the the decision decision on on the the Plan Plan pursuant pursuant to to subsections subsections 17( 17( 36) 36) and and ( ( 38) 38) of of the the Planning Planning Act Act which which pertain pertain to to appeals, appeals, when when decisions decisions become become final final and and when when approvals approvals come come into into effect. effect. Please Please be be advised advised that that no no appeals appeals have have been been lodged lodged within within the the day day appeal appeal period, period, and and therefore therefore all all of of the the Official Official Plan, Plan, adopted adopted by by By By - - law law No. No. 1427, 1427, and and as as modified modified by by the the Ministry, Ministry, is is approved approved and and came came into into force force on on February February 8, 8, If If you you have have any any questions questions regarding regarding the the above above information, information, please please contact contact Tammie Tammie Ryall, Ryall, Planner, Planner, by by telephone telephone at at or or by by at at tammie. tammie. ca. ca. Yo Yo VV truly, truly, nice nice Curtis, Curtis, MCIP, MCIP, RPP RPP Manager, Manager, Community Community Planning Planning and and Development Development Municipal Municipal Services Services Office Office - - Western Western Copy: Copy: Jim Jim McCoomb, McCoomb, Planner, Planner, Central Central Elgin Elgin Planning Planning Office Office Bruce Bruce McAllister, McAllister, Dillon Dillon Barbara Barbara Rosser, Rosser, Planning Planning Consultant Consultant ( ( Craigholme Craigholme Estates Estates Limited) Limited) William William Sanderson Sanderson Steve Steve Evans, Evans, County County of of Elgin Elgin Bill Bill Armstrong, Armstrong, MOE MOE Penny Penny Young, Young, MTCS MTCS Amanda Amanda McCloskey, McCloskey, MNR MNR Drew Drew Crinkiaw, Crinkiaw, OMAFRA OMAFRA Heather Heather Doyle, Doyle, MTO MTO Joe Joe Gordon, Gordon, KCCA KCCA Tony Tony Difazio, Difazio, CCCA CCCA Correspondence received from Ministry of Municipal Affairs & C1eddC C1eddC other. rlle rlle aa Dir. Dir. Finance Finance 1z other: NamejSur ect: Du. Du. Physical Physical V other: Dir. Fire al: cr. CaQ ) n/ Ps r, A Page 3 of 21 other. c cq Agenda Efl

4 SWORN DECLARATION Subsection 17( 28) of the Planning Act Official Plan for the Municipality of Central Elgin Applicant: Municipality: Central Elgin Central Elgin MMAH File No.: 34 -OP I, Tammie Ryall, of the Ministry of Municipal Affairs and Housing, solemnly declare, That notice of the proposed decision in respect of the above -noted matter made on February 8, 2013 was given as required by subsection 17(35) of the Planning Acton February 8, That no appeal to the Ontario Municipal Board of the decision in respect of the above -noted matter made on February 8, 2013 was received under subsection 17( 36) of the Planning Act within the time specified for submitting an appeal. and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Declared before me at the City of London this lj day of / 71/ 9) C Commissioner of Oaths BRUCE EDWARD CURTIS, a Commieabner, sto., Coumy W MlddlesK for the Cvmnerdof Oltarb, Ministry of Municipal Affairs and HouslN. Expires September 25, a Correspondence received from Ministry of Municipal Affairs & Page 4 of 21

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7 The Corporation of the Municipality of CentralElgin 450 Sunset Drive, l st Floor, St. Thornm, Ontario N5R5V1 P: B60 F: DATE: March 15, 2013 REPORT: CAO TO: His Worship the Mayor and Council PREPARED BY: Donald N. Leitch, Chief Administrative Officer SUBJECT: Draft Plan of Subdivision 34T ( Ontario Limited (William Kocsis) TO COUNCIL: March 18, 2013 RECOMMENDATION: THAT Council pass a resolution requesting the Ministry of Municipal Affairs & Housing to withdraw approval of Plan of Subdivision application 34T REPORT: Council, at a meeting held on March 12, 2012, passed the following resolution: THAT Council pass a resolution to receive this report as information and pass By -law 1435 and By -law 1436 AND THAT Council request the Ministry of Municipal Affairs and Housing to amend the draft approval of Plan of Subdivision 34T to provide that the draft approval will lapse one year from the date of the amendment. By -laws 1435 and1436 were passed by Council. At the request of the property owner, Ontario Limited ( William Kocsis), a hearing before was held to give the opportunity for the owner to make representations respecting the appeal or amendment of the by -law. Following the hearing and Council' s decision, correspondence was forwarded to the Ministry of Municipal Affairs & Housing requesting the amendment of draft approval to include a date when the draft approval would lapse correspondence attached). Following receipt of this letter, staff has spoken to staff from the Ministry who have indicated that consideration of the withdrawal of the plan of subdivision approval is being given. The Ministry indicated that it would contact the property owner to determine if it had any objections to the withdrawal of approval ( correspondence attached). The Ministry also indicated that it required a resolution from Council requesting the Ministry to withdraw draft approval. Staff has spoken with the Municipal solicitor, Bruce Blake, and it is recommended that Council pass a resolution recommending that the Ministry withdraw the draft approval of Plan of Subdivision 34T Although the insertion of a lapsing date will ultimate resolve the outstanding approval, the withdrawal of approval would do so much sooner. 2 Page 7 of 21

8 Ily submitted Ebndld N. Leitch, ' Chief Administrative Officer Page 8 of 21

9 January 22, 2013 Tammie Ryall, Planner Ministry of Municipal Affairs & Housing Municipal Services Office - Southwestern 659 Exeter Road - 2nd Floor London, Ontario N6E 1L3 Dear Ms. Ryall, Re: Plans of Subdivision M -17 and M -30 Draft Approved Plan of Subdivision 34- T Ontario Limited On March 12, 2012, the Council of the Municipality of Central Elgin, pursuant to Subsection 50( 4) of the Planning Act, R. S. O. 1990, as amended, passed By -laws No.' s 1435 and 1436 ( copies enclosed), thereby deeming Plans M -17 and M -30 not to be registered plans of subdivision for the purposes of Subsection 50( 3) of the Act, The by -laws exempt Block A on Plan M -17 and Block 63 on Plan M -30, which were identified for road widening on their respective plans. Blocks A and 63 were assumed by the Municipality when George Street was reconstructed around Pursuant to subsection 50( 30) of the Planning Act, Council heard representations from the owner' s solicitor respecting the repeal of By -law No representations were made respecting By -law Council, at its meeting of October 9, 2012, passed a motion denying the request to repeal By -law The decision by Council to deem these two plans came after Council passed a resolution on January 17th, 2011 ( Resolution # 19/ 11, copy enclosed) through which the owner was advised that deeming procedures would commence should the Municipality and the owner fail to execute new development agreements prior to January 31, At the time of the resolution, the owner' s planning consultant, Ted Halwa of Community Planners Inc., had made a commitment on behalf of the owner to enter into new agreements after carry out supporting studies and engineering prior to the end of December 31, 2011 ( see attached a -mail dated December 16, 2010). 2 Page 9 of 21

10 M The approval of these two plans of subdivision is very old, dating back to 1977 and 1980 and the owner had shown no action indicating intent on developing the lands since they were approved. It was determined by Council that maintaining the approvals was not in the public interest since: The agreements that were originally executed for the two plans did not address current municipal standards for development. Those agreements have been deemed not to be registered and the owner did not commit to execute new agreements, and the necessary studies discussed prior to the January 17th, 2011 resolution by Council were not completed by the owner. The street pattern on Plan M -30 no longer makes sense., What was to be Marr Road was configured to permit future connection to the lands to the north ( a similar future connection was proposed through Street " A" on Draft Approved Plan 34 -T ). The lands to the north are now occupied by the Kettle Creek Golf Club. There was no provision made for stormwater management in the approved plans and the draft approved plan. The Municipality of Central Elgin now requires that stormwater quantity and quality from all new developments be managed to pre - development conditions or better. Targets and best management practices for stormwater management are to be established through subwatershed studies and /or stormwater management plans, none of which was carried out in support of the existing plans. The subject lands abut woodlands to the west. Also, there are known incidents of threatened or endangered species in the Port Stanley area that warrant checking to ensure they are protected under the Endangered Species Act, According to the Municipality' s latest aerial photography, some lots along Marr Road encroach into the woodlands. Much of the westerly side of the proposed development area would be considered adjacent lands to the woodland. No environmental studies of the woodlot were conducted in support of the existing plans. The Municipality of Central Elgin now requires that significant woodlands and the significant habitat of endangered /threatened species be protected. The subject lands are located in an area with potential for archaeological resources. This was confirmed through comments from the Ministry of Tourism and Culture included in a letter from you to Ted Halwa dated December 23, No archaeological assessment has been carried out to confirm the level of archaeological potential. The Municipality now requires that archaeological assessments be completed by licensed archaeologists in compliance with Provincial guidelines prior to final approval, or as a condition to the approval of proposed development in areas of archaeological potential. 3 Page 10 of 21

11 3 With respect to Draft Approved Plan 34 -T , on August 19, 2011 you sent the Central Elgin Planning Office an e- mail in which you provided an opinion from your legal services that the Planning Act does allow the Ministry to include a lapsing provision into the old draft approved subdivisions. The Municipality is respectfully requesting that the Ministry of Municipal Affairs and Housing, in its capacity as approval authority for the draft plan, initiate such a change to the draft approval of 34 -T to include a lapsing provision. In addition to the matters already addressed above, municipal interest in the draft approved plan is relative to sewage treatment capacity. Capacity is allocated to a development upon draft approval of a proposed plan of subdivision, in accordance with the guidelines provided by the Ministry of the Environment and the policies of the Municipality. A lapsing provision, in accordance with Subsection 51( 32) of the Act, is typically assigned to draft plan approvals by the Province so that if development does not proceed after a certain time period ( typically three years) then draft approval lapses and the committed sewage capacity can be re- allocated. Draft Approved Plan 34 -T did not include any such provision, meaning the capacity in the Port Stanley sewage treatment system for the 94 lots is still committed. If the lapsing provision is included and the draft approval is allowed to lapse, this will permit the owner or future owners to revisit the idea of development of the lands in accordance with current local and provincial policies and standards. This would be more in keeping with public interest than pursuing the current proposals. In light of the significant time already elapsed with no indication from the owner to pursue development of the lands, the Municipality respectfully suggests that a lapsing provision specify a shortened time frame of no more than 1 year. If you have any questions on any of the enclosed, please contact the undersigned at , Ext. 276, or by e -mail at org. Chief Administrative Officer C: Lloyd J. Perrin, Director of Physical Services Jim McCoomb, Planner, CEPO Bruce Blake, Solicitor Page 11 of 21

12 BY -LAW 1436 Being a By -law to Deem Registered Plan not to be Registered WHEREAS section 50(4) of the Planning Act, R. S. O. 1990, c. P. 13, authorizes a municipality to designate any plan ofsubdivision or part thereof that has been registered for eight years or more as not being a plan of subdivision for subdivision control purposes AND WHEREAS it is deemed expedient in order to control adequately the development of land in the municipality that a' By -law be passed pursuant to the said section 50(4); AND WHEREAS Block A in Plan M -17 was reconstructed as part of George Street in the Municipality's road system in approximately NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN ENACTS AS FOLLOWS: 1. The plan of subdivision or parts of plans of subdivision described as follows are hereby designated tojjjbe. plans of subdivision or parts thereof, which shall: be deemed not to be registered plans of subdivision for the purposes of subsection 4 of section 50 of the Planning Act save and except Block A, Plan 'M Plan of subdivision of Part, of Lot B; Registered, Plan 117 and Part of tot 15 Range 1, S. L. R. formerly Township of Southwoid then the Village of Port Stanley, County of Elgin now in the Municipality of Central Elgin, which lands are designated as Lots one ( 1) toten (10)- inclusive,.block B; and Marr Road as shown on Registered Plan No, M- 17' registered lin the Land Registry Office for the Land Titles Division of Elgin (No. 11). READ a FIRST and SECOND TIME this 12th day of March, READ a THIRD TIME and FINALLY PASSED this 12th day of March; SECOND AND THIRD TIME AND FINALLY PASSED THIS 12' h DAY Udnald -N. Leitch CAO /Clerk R. William Walters Mayor Page 12 of 21

13 BY -LAW 1435 Being a By -law to Deem Registered Plan not to be Registered WHEREAS section 50( 4) of the Planning Act, R. S. O. 1990, c. P. 13, authorizes a Municipality to designate any plan of subdivision or part thereof that has been registered for eight years or more as not being a plan of subdivision for subdivision control purposes; AND WHEREAS it is deemed expedient in order to control adequately the development of land in the Municipality that a,by -law be passed pursuant to the said section 50(4); AND WHEREAS Block 63 in Plan M -30 was reconstructed as part of George Street in the Municipality' s road system in approximately NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THEMUNICIPALTIY OF CENTRAL ELGIN ENACTS AS FOLLOWS: The plan of subdivision or parts of plans of subdivision described as follows are hereby designated to be plans of subdivision or parts thereof, which shall be deemed not to be registered plans of subdivision for the purposes of subsection of section 50 of the Planning Act save and except Block 63, Plan M' Plan of subdivision of Part of Lot B, Range 1, S. L. R., Registered Plan 117 and Part of Lot 15, Range 1 S. L. R. and part of Lake Road formerly in the Township of Southwold, then the Village of Port Stanley, County of Elgin, now in the Municipality of Central Elgin, which said lands are designated as Lots One ( 1) to Fifty - five -(55), inclusive; Blocks Fifty -six ( 56) to Sixty- one ( 61) inclusive, Marr Road,, Burke Drive, Selkirk Street, Block Sixty -two ( 62), Blocks Sixty- four (64) to Sixty -nine ( 69), inclusive as shown on Registered' Plan No. M -30 registered in the Land Registry Office for the Land Titles Division of Elgin (No. 11). READ a FIRST and a SECOND TIME this 12th day of March, READ a THIRD TIME and FINALLY PASSED this 12th day of March, IRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12th DAY H: / 44b# ij onald N. Leitch CAO /Clerk R. William Walters Mayor Page 13 of 21

14 F The Corporation of the Municipality of Central Elgin Resolution 4941a_ October 9u', Moved Seconded THAT: The Council of the Corporation of the Municipality of Central Elgin deny the request by the property owner, Ontario Ltd. to repeal By -law 1435, as per Report CAO.55. 1Z prepared by Donald N. Leitch, Chief Administrative Officer. Page 14 of 21

15 The Corporation of the Municipality of Central Elgin OF Resolution 1 January 17"', 20 1 Moved Seconded THAT: The Council of themunicipality of Central Elgin advise Ontario Limited and its principal, William Kocsis, that the Municipality of Central Elgin is prepared to enter into negotiations for a new development agreement or agreements respecting its 10 lot plan of subdivision ( Plan M -17) and its 55 lot subdivision ( Plan M -30); AND THAT: The agreement or agreements shall be based on the Municipality's current development agreement policies and practices; AND FURTHER THAT: Ontario Limited and its principal, William Kocsis, be advised that Council intends to commence the procedure to deem the said plans of subdivision pursuant to subsection 50( 4) of the Planning Act should the Municipality and the property owner fail to execute a new development agreement or agreements prior to January 31St, 2012, as per Report CAO 6-11, prepared by Donald N. Leitch, Chief Administrative Officer /Clerk. Page 15 of 21

16 Don Leitch From: Sent: To: Subject: Ted Halwa ( comj Thursday, December 16, : 08 PM Don Leitch Kocsis - George Street - PS arising out of our meeting on December 1, 2010 and subsequent discussions with our engineer and client, we are prepared to make the following commitments to be fulfilled by the end of 2011 in support for moving forward in accordance with our letter of November 1, 2010 and draft resolution attached thereto for consideration by Council: 1. preparation of servicing drawings 2. undertaking of any required environmental assessments 3. identification of any endangered species / species at risk and measures to ensure their protection 4. submission of ' red -line' revisions to MMAH to draft approved plan 34T ( east half) 5. submission of application for draft plan approval for lands along George Street lying outside Plan M - 10, Plan M - 30 and draft approved plan 34T execution of new subdivider' s agreement for Plan M - 10 and M execution of subdivider' s agreement for draft approved and new plan subject to receiving MMAH approval not later than August 31, We are prepared to address Council on Monday evening with this proposal unless you are of the view that further discussions at the staff level are warranted and / or a written report /recommendation from staff would be expected by Council before making a decision. Ted Halwa MCIP, RPP Principal & Senior Planner Community Planners Inc. Middlesex County Building 399 Ridout Street North London, Ontario N6A 2P1 Tel: ext. 255 Cell: Fax: Page 16 of 21

17 Ministry of Ministere des s Municipal Affairs Affaires T ^ municipales and Housing at du Logement v A Municipal Services Office - Westem Bureau des services aux region de 1' Ouest IVED IO 659 Exeter Road, 2w Floor London ON N6E 1 L3 Tel. (519) Toll Free Fax (519) March 1, , rue Exeter, 2 etage London ON N6E 1 L3 Tel. ( 519) Sans frais Telec (519) MAR Municipality of Central Elgin PER Tom: Ontario Limited c/o Mary-Anne Kocsis 83 Wilf Morden Road Stouffville, ON L4A OK1 Subject: Draft Plan of Subdivision Owner: Ontario Limited (W. Kocsis) Village of Port Stanley, Pt. Lot 15, Range 7 South of Lake Road Municipality of Central Elgin MMAH File No.: 34 -T Dear Ms Kocsis: We have been advised by the Municipality of Central Elgin that deeming by -laws ( #1435 and 1436) were passed and are in effect for the Registered Plans adjacent to the draft approved plan of subdivision noted above. The plan of subdivision was granted draft approval on April 5, There has not been any progress made to finalize this subdivision and there has been no correspondence on our file since December of Considering that there has been no active progress to fulfil the conditions of draft approval, and that the adjacent Registered Plans are no longer registered, we would appreciate your response on whether the numbered company is still the owner of the property, and whether the company intends to proceed with developing the land. I request your response within 30 days from the date of this letter on the status of this application. If you have any questions, please do not hesitate to contact me at or by e- mail at tammie. ryallt7a. ontario. ca Yours truly, / 6 Tammie Ryall, MCIP, RPP Planner Municipal Services Office Western Copies: Don Leitch, CAO, Central Elgin Jim McCoomb, Central Elgin Planning Office Alan R. Patton, Patton, Cormier and Associates Kathleen Kocsis Steve Evans, County of Elgin acrrrr Dir. Finance other: Dir. Physical other: Oir. Fire aher: Data Rec.:,_, File # Name/Subjem other,- Page 17 of 21 Council pgceda

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19 Confirmatory By-law Page 19 of 21

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21 The Corporation of the Municipality of Central Elgin BY-LAW 1570 Being a By-law to Establish Certain Lands as Part of a Public Highway known as Robin Ridge Drive and Part of a Public Highway known as Brenmar Crescent WHEREAS section 31 of the Municipal Act, S.O. 2001, c. 25, as amended authorizes Council to pass a by-law to establish public highways, AND WHEREAS the lands which are the subject of the By-law are currently owned by The Corporation of the Municipality of Central Elgin; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN ENACTS AS FOLLOWS: 1. The following described lands be and are hereby established as part of the public highway known as Robin Ridge Drive: a) Block 35 Plan 33M-620, Municipality of Central Elgin. 2. The following described lands be and are hereby established as part of the public highway known as Brenmar Crescent: a) Block 41, Plan 33M-620, Municipality of Central Elgin; and b) Block 42, Plan 33M-620, Municipality of Central Elgin. READ a FIRST and a SECOND TIME this 18 th day of March, READ a THIRD TIME and FINALLY PASSED this 18th day of March Donald N. Leitch, Clerk R. William Walters, Mayor Being a By-law to Establish Certain Lands as Part of a Page 21 of 21