mr. halicki6 the corporation of the municipality of ......summary sheet — drainage meetings...

20
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES Meeting of Council to consider Planning — Community Services Issues Meeting Number 30- 2001 Date of Meeting: Tuesday, December 11, 2001 Time: 4: 00p. m. — Policy Governance 6: 30 — 7: 00p. m. 7: 00 — 10: 00p. m. Place ofMeeting: ThedfordVillage ComplexAGENDA Page( s) 1. Call to Order 2. Declaration of Pecuniary or Conflict of Interest 3. Delegations and Time Allocations Drainage — Summary sheet and excerpts from the Act 1 - 2 Reports areall enclosedseparately 3. 1 7: 00 p. m. Broadview DrainCourt ofRevision JeromeTrudell willbe presentingthe appealsreceived For Council' s deliberation. Information is in the package with the yellow cover sheet 3. 2 7: 25p. m. B & C Drain — Pump upgrade Jerome Trudell will be presenting the report for Council' s consideration. Information is in the package withthe blue cover sheet 3. 3 7: 55 p. m. B & C Drain — Channel repairs Ray Dobbin will be presenting the report to Council' s consideration. Information is in the package with the pink cover sheet 3. 4 8: 30 p. m. Zone Amendment Application - Stephen Halicki for property located in Plan 510, Lots 26, 27 and Block 38 — Gill Road — Grand Bend 1. Minutes from the Public Meeting — Nov. 13 3- 4 2. Update Report - Dave Posliff5 3. Site Drawing from Mr. Halicki 6

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Page 1: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES

Meeting of Council to consider Planning — Community Services Issues

Meeting Number

30-2001 Date

of

Meeting: Tuesday, December

11, 2001 Time: 4:

00p.

m. — Policy Governance 6:

30 — 7:00p. m. 7:

00 — 10: 00p.m. PlaceofMeeting: ThedfordVillage ComplexAGENDA

Page(s) 1.

Call

to Order 2. Declaration of Pecuniary or Conflict

of Interest3. Delegations and

Time Allocations Drainage — Summary sheet and excerpts from

the Act 1 - 2 Reports

areall enclosedseparately 3.1

7:00 p.m. Broadview

DrainCourt ofRevision JeromeTrudell

willbe presentingthe appealsreceived

For Council's deliberation. Information

is in the package with the yellow cover

sheet3.27:25p.m. B & C

Drain — Pump upgrade Jerome Trudell will

be presenting the report forCouncil's consideration. Informationis in the package

withtheblue cover sheet 3.37:55 p.m. B & C

Drain — Channel repairs Ray Dobbinwill be presenting the report to Council'sconsideration. Informationisin the package with

the pink cover sheet3.4

8:30p.m. Zone Amendment Application - Stephen Halicki for property located

in Plan 510, Lots 26, 27 and Block 38 —

Gill Road — Grand Bend1. Minutes from

the Public Meeting — Nov.

133-42. Update

Report - Dave

Posliff5

3. Site

Drawing

from

Mr. Halicki 6

Page 2: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

4. Indication of the proposed use of land ownedby Mr.

Halicki 75. Draft

By- law8-10

44. Reports from Staff 4.1 CL

ReportNo.

122-2001

Re: Decisions

ofthe

Committeeof

Adjustment

at

the meeting held the 26' dayof November 11-12 4.2 CL Report No.

123-2001 Re: RiverbendWharf request to build model home on the "Manore" property —

Sauble Road, Grand Bend 13-164.

3C.A.O. Report No. 111-2001 Re: Site Plan Agreement — Purdy

Fisheries 83 River Road, Grand

Bend17-

185. BY-LAWS 5.1By-law 98-2001Aby- lawto

provide for drainage works — Broadview Avenue Drain — 31

reading ( if assessmentappeals are resolved) 5.2 By-law99-2001 A by-law to

provide for drainage works — B & G Concession Drain Pump

Repair — 1S` and 2"dreading ( if report accepted) 5.3 By- law 100-2001

A by-law to provide for drainage works —

B & C ConcessionDrain Improvements - 1s` and 21 reading ( if reportaccepted) 5.4 By-law

101-2001

A

by-

lawto

amend Zoning

by-law

5040-1986

re: Halicki 6. NEW

BUSINESS7. ADJOURN Also in the package: Revised

Council meeting schedule for

2002 — Green paper November 2001 Staff Newsletter

Page 3: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

Summary Sheet — Drainage meetings

Broadview Court of Revision

To deal with assessment issues only. Technical merit was to be done at the

Consideration

The role of the Court of Revision is to hear the appeals, and make decisions as

to the validity of the appeal. If an appeal is determined to be valid, the

assessment charge to that individual landowner can be reduced by an amount to

be determined by the Court. However, the cost of the aroiect will remain the

same, and so the costs can merely be re -allocated: either to the other owners, or

to the Municipality.

In order to provide a paper trail, there needs to be a resolution for every changeapproved.

If the Court decides to reduce one person's assessment, and reassign the costs

to the other ratepayers, it is necessary to adjourn the Court of Revision, notifyowners of the increase in their costs, and hold another sitting of the Court of

Revision to give an opportunity to the ratepayers to appeal their new

assessment.

B & C Pump — Jerome

Usually, after discussing the merits of the project, the assessed persons are given an

opportunity to add or delete their name from the petition. In this case, the repairs to

the pump have been completed as they were originally considered maintenance.

After the full extent of the modifications the Municipality, under Section 78 of the

Drainage Act, appointed the Engineer to prepare the report f, thereby allowing the

agricultural lands to be eligible for a 1/3 grant. (Details in theEngineer' sreport — underOn -Site Meeting) Therefore, the people are not provided an opportunity

to remove their names from the

petition. B & CDrain Improvements — Ray

Dobbin This work was initiated under a petition, submitted by the majority of

persons requiring drainage. Therefore, after discussing the merits of the project, asper Section 42 of the Drainage Act, the Council shall give an opportunity to

any person who has signed the petition to add or delete their name from thepetition. See Drainage Act excerpt attached for Liabilityof original

petitioners. When looking at the costs to be charged to the assessed persons, use

the Composite

Schedule" An explanationof "Benefit", "Outlet" and "BlockAssessments" is found on Page

7 of Mr. Dobbin's

Report. 0

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22Chap.

D.

17DRAT11011- (5) A

by-lawpassed

by the council

of any qbelocal municipality in connection with the con - vas struction ofa drainage works under

this Act shall not be quashed by reason

only that any notices required under this section werenot sent within the specified time limits.

R.S.O. 1980, c. 126, s. 41. Coruidet'

42. The council of the

initiating munici- cportof pality at the meeting

mentioned in section 41 shall consider the report, and, where the drainage works is requested

on petition, shall give an opportunity toany person who has signed the petition to

withdraw from it by putting a withdrawal inwriting, signingit and filingit with the

clerk, and shall also give those present owning landswithin the area requiring drainage who have

not signed the petition an opportunity to

do so, and should l any of the

lands or roads owned by the municipality within the

area requiring drain- age as described

in the petition be assessed, the council mayby resolution authorize the head of themunicipality to sign the petition for the municipality, and such signature counts as thatof one person in favour of the petition. R.S.

O. 1980, c. 126, s. 42. 4.20143. If,

after striking out the names of the tioners persons

withdrawing, the names remaining ffCtewy44. If, at the end of such council meeting, f petitr0o the petition contains a sufficient number of

names to comply with section4, the council

may proceedto adopt the report, and,

sub- ject to section 59, no

person having signed the petition shall, afterthe adoption of the report, be permittedto withdraw. R.S.O. 1980, c. 126, s. 44. aoption,of 45.--(1) A reportmay be adopted byby- law in the

form prescribed by the regulations and, whensuch by-law is given two readings by

council, the report shall be deemedtobe 23hV&TE- Aer Sec./

art. 45 (1) DPAD adopted and the by-lawshall be known as a provisional by-law. 11 or (2) Where a report is

not adopted by rc to Tribunal council, any

petitioner may appeal to the Tri- burial or, where lands used for agricultural purposes are included

in the area to be drained, theMinister

may refer the matter to

theTribunal. R.S.O. 1980, c. 126, s. 45. Notice of 46.—(1) The council ofthe initiating court ofrevision to municipality shall, withinfive days after the be sent to adoption of

the

report, send a copy of

the IOCaI tn""'c' isional b law, exclusive of the

enipalities .

ria P

rovY- gto

owners neer' s report, and a notice ofthe time and place of the first sittingof the court of revi- sion byprepaid mail to every other local municipality in

which any land or road is assessed for

the drainage worksorfor which allowance or compensation has

been pro- vided forinthe report.

Idem (2) The

council of

the

initiatingmunicipal- ity and of every localmunicipality to whom a copy of the

provisional by- law is sent under subsection ( l) shall,

within thirtydays after the adoption ofthereport, send a copy of the provisional by-law,

exclusive of the engi- neer's report, and a notice

of the time and place of the sitting

of the court of revision by prepaid mail

to each person or body entitled to noticeunder section 41 and the noticeshall inform each owner that

the owner may appeal the owner's assessmentto the court of revision by a notice given

to the clerk of theinitiating municipality not laterthan ten days prior to thefirst sitting of the court of revi- sion. Sittingsof (3) Thefirst sitting of the courtofrevision court shall be held on a day not

earlier than twenty nor later than thirty days from thedate of completing the mailing of the copiesof the provisional by-law under subsection ( 2). R.S.O. 1980, c. 126, s. 46. on the petition, including the names, if any, Appeal

from added as provided by section 42 do not com-

reponto referee ply with section 4, the original petitioners on their respective assessments in the report

are

chargeable proportionatelywith

and liable

to the

municipality

for the expenses incurred by the municipality in connection

with the peti- tion and report and the sum withwhich each of such petitioners is chargeable shall be

entered upon the collector' s roll for the

municipality againstthe lands of theperson2. liable, and shall be collected in

the

samemanner as real property taxes. R.S.O.

1980, c. 126, s. 43. ffCtewy44. If, atthe end of such council meeting, f petitr0o the

petition contains a sufficient number of names to

comply with section 4, the council may proceedto adopt the report, and, sub- ject

to section 59, no person having signed

the petition shall, after the adoption of the report,

be permitted to withdraw. R.S.O. 1980, c. 126, s. 44. aoption,of

45.--( 1) A report may

be adopted by by- law in the form prescribed by theregulations

and, when such by-law is giventwo

readings by council, the report shall be deemed

to be 23 hV&TE- Aer Sec./art. 45 (1) DPAD adopted and the by-law

shall be known asa provisional by- law. 11or (2) Where a report

is not adopted by rc to Tribunal council, any

petitioner may appeal to the Tri- burial or, where lands used for agricultural purposes are

included in the area to be drained,

the Minister may refer the matter to theTribunal. R.S.O. 1980, c. 126, s. 45. Noticeof 46.—(1) The council ofthe initiating court of revision to municipality shall, withinfive days after the be sent toadoption of the report, send a copyof the IOCaI tn""'c' isional b law,

exclusive of the en i palities . ria P rovY- gto owners neer' s report, anda notice of the time and place of

the first sitting of the court ofrevi- sion by prepaid mail to every otherlocal municipality in which any landor road is assessed for the drainage works or forwhich allowance or compensation has been pro- vided for

in the report. Idem (2) The council of the initiatingmunicipal- ity and of every local

municipality to whom a copy of the provisional by-law issent under subsection ( l) shall, within thirty

days after the adoption of the report, senda copy of the provisional by- law, exclusiveof the engi- neer' s report, and anotice of the time and place of the

sitting of the court of revision by prepaidmail to each person or

body entitled to notice under section 41 and the notice shallinform each owner that the owner may appealthe owner' s assessment to the court of revisionby a notice given to the clerk of the

initiatingmunicipality not later

than ten days prior to

the first sitting of the court of revi- sion. Sittingsof ( 3) The

first sitting of the court of revision court shall beheld on

a day not earlier than twenty nor later thanthirty days from the date of completingthe mailing of the copies of the provisionalby- law under subsection ( 2). R. S. O. 1980, c. 126, s. 46. APPEALS Appeal from 47._( 1)

Any owner of land or public util- repon toreferee ity

affected by a drainage works, if dissatis- fied withthe report of the engineer on the -- grounds that it does notcomply with the requirements of this Act, or that the engi- neer has reported that thedrainage works cannot be constructed under section 4, may appeal to the

referee and in every case a written notice of appealshall be served upon the council of theinitiating municipality 2.

Page 5: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

EXCERPTS FROM THE CORPORATION OF THE MUNICIPALITY

OF LAMBTON SHORES COUNCIL MEETING MINUTES

Meeting Number: 27-2001

Date of Meeting: Tuesday, November 13, 2001

3.2 Zone Amendment — Stephen Halicki for property located in Plan 510, Lots 26,27 and Block 38 — Gill Road, Grand Bend

01-1113-05 Moved by: Councillor Andraza

Seconded by: Councillor De Vet

That the regular Council meeting adjourn at 7:45.p.m. for a public meetingunder the Planning Act to hear an application submitted by StephenHalicki for property located Plan 510, Lots 26 and 27, former Village of

Grand Bend. Carried

Mr. And Mrs. Halicki were the only members of the public present. Dave Posliff, Senior Planner, County of Lambton explained that the applicationbefore Council was to amend the zoning on 2 lots and a block in Green Forest

Estates to allow for a town home development. The Village of Grand Bend

approved a similar zoning on 2 adjacent lots in 2000, and the current plan is to

use both parcels of land to construct 35 dwelling units. Council reviewed Mr.

PoslifFsplanning report, which outlined the current Official Plan designations and zone

designation anda synopsis of the proposal. Also

included in the report was a concern regarding the proposed layout of the concept

plan, which leaves lot 25 " sandwiched" between the rear yard of townhouses

and2 lots on the other side. In addition, the concept plan does not indicate

the proposed building setbacks or the parking provisions. This information

will be necessary to determineif the property meets the compatibility policiesin the Official Plan. A concern was also raised that this area had originally

been intended for single family dwellings, and that there didn'tseem to be

an overall development scheme for the subdivision, indicating total proposed densityand the impact of this increased density on the area. Mr. Posliff would prefer

to see more information on the long term goals for balance of the subdivision

before proceeding. Mr.

Halicki had sent a fax on the weekend outlining his thoughts on where the property

development was heading and a copy was provided to Mr. Posliff. Mr Halicki

noted that these were the only contiguous lots that he owns in this block and

that the other owners were approached and were not interested in participating

in this development. 3.

Page 6: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

Councillor Weber asked if the notice had been circulated to all owners, and it was

confirmed that it had.

Mayor Ivey noted that Council is being asked to make changes to an existingplan of subdivision to allow higher density development. Many of the lots have

been sold, however, the roads are not installed, nor are services available to the

lots. The subdivision lots were sold prior to the installation of these services, and

there isn't a developer the Municipality can compel to do the installation.

Mr. Halicki noted that many of the lots were acquired through a power of sale

when the developer went bankrupt. In order to make it economically feasible to

bring the services to the property, it is necessary to increase the density. The

sewage capacity being planned is approximately 3 times what is necessary for

this development. Mr. Halicki owns other, contiguous lots within the plan, and

may look at the possibility of a seniors home as another anchor for the

development.

Councillor Andraza questioned the storm water designs for the area and it was

noted that the Ausable Bayfield Conservation Authority had provided comments

on the flood proofing and the "two -zone" requirements for buildings in this area.

Director of Community Services Paul Turnbull noted that it was common in a

development such as this for a tree preservation plan and asked if one was

proposed for the subdivision. Mr. Posliff noted that this could be incorporated into

the site plan, and asked for a copy of the existing subdivision agreement.

The letter received from Larry and Judy Mason outlining several issues was read

and entered into the file, and provided to Dave Posliff for review.

Mayor Ivey noted that some of the issues being discussed dealt with usageversus zoning. The site plan would address many of the concerns regarding set

backs, tree preservation and the width of the internal roads. Mr. Posliff has

asked for more information on the concept plan to ensure compatibility with the

surrounding lands, and will compile a list of the items he would like shown on a

plan and forward same to Mr. Halicki. Council will defer a decision until that

information is available and a tentative date of December 11 was set for the next

meeting.

01-1113-06 Moved by: Councillor Weber

Seconded by: Councillor Boon

That the public meeting on the zone amendment application submitted bySteve Halicki close at 8:15 p.m and the regular Council meetingreconvene. Carried

1/0

Page 7: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

IEC -05-2001 16=06 519 845 3817 PLANNINGAND

DEVELOPMENT DEPARTMENT

789

Broadway StBox3000LILA Wyoming, Orda&

NON 1TOPhone: 518445-

0801 Fax: 519-845-3817E -Mail:

planning®co nty-

lambton.on.ca COUNTY OF LAWTON

December 5, 2001 Mayor

Ivey and Members

of Council

Municipality of

Lambton Shores19 Ann

Street Forest, Ontario NON 110 Attention:

Carol McKenzie, Clerk DearMayor Ivey and Council Members: Re:

Proposed Zoning By-law Amendment, Gill Road, Grand Bend Council will recall that at the

public meeting on this proposal onNovember 13, the applicant was asked

to forward further information for

our consideration, includinga somewhat more detailed site plan. Ihave since receivedadditional information. The site plan that has been provided indicates thatthe buildings can besituated on the propertyin compliance with the zoning requirements ofthe 83.15 zone_ The applicant

hasalso confirmed this, and added that a professionally completed site planwillbe provided forsite plan approval. Aphotograph of the general concept of the townhouses has also

been provided, as hasa general idea of future plans for the area. These can be discussed

in greater detail at

our meeting with the applicant on December11. Ihaveincludedanamending zoning by-

law for Council's consideration which includesa limit of 35 townhouse unitsand also notes that thereare floodproofing requirements under the Desjardine Drain Two -Zone

study undertaken last year. I look forward

to meeting

with you

on the

11 `h. Yours truly, Tal Tl Dave Posliff

Senior PlannerntN.T , r

Page 8: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

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Page 9: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

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Page 10: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

CORPORATION OF THE

MUNICIPALITY OF LAMBTON SHORES

ZONING BY-LAW 101 OF 2001

Being a By-law to amend By-law 5040 of 1986.

WHEREAS the Council of the former Corporation of the Village of Grand Bend passed a

comprehensive Zoning By-law 5040 of 1986 on the 21 st day of July, 1986;

and WHEREASBy-law 5040 of 1986 is still in effect inthe amalgamated Municipality;

and WHEREAS Council deemsit desirable to amend the saidBy-law;

and WHEREAS a public meeting was held on November 13, 2001 under Section34(12)

of the Planning Act, R.S.O.,

1990; NOW THEREFORE, the Council of the Corporation of the Municipality of

Lambton Shores enacts as

follows: 1. Schedule "A" attached is hereby declared to form part of thisBy-

law. 2. Schedule " A" toBy-law 5040 of 1986 is hereby amended by changing the

zone symbol that applies to the lands shown on Schedule " A" to thisBy-law from "VR.1"

toR3.

15". 3. 4Section 14.16.2of By-law 5040 of1986 is hereby amended

by deleting subsection f)" and replacingit

with the following: f) Maximum Density: 35 Dwelling

Units on the Lands Described as Part

of Lot 1,

Aux Sables Concession, 22112239 ST), Pts. 1, 2

and 3, and Lots 26 and 27

and Block 38in

Registered Plan510, inclusive." Section 14.16.2 of By-law 5040 of 1986 is hereby further

amended by adding

the followingnew subsection: i) Floodproofing Requirements:

S• In accordance

withthe approved

Desjardine Drain Two -

Zone Study"

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K

5. ThisBy-law shall come into force and effect pursuant to Section34(21) or

Section34(30) of the Planning Act, R.S.O.

1990. READA FIRST AND SECOND TIME

THIS

DAY OF ,

2001. READATHIRD TIME AND

FINALLY

PASSED THIS

DAY

OF ,

2001.

Mayor Clerk 9•

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3

MUNICIPALITY OF LAMBTON SHORES

ZONING BY-LAW OF 2001

Explanatory Note

The purpose of this zoning by-law amendment is to change the zoning on lands

described as Lots 26 and 27 and Block 38, Registered Plan 510, in the former Village of

Grand Bend from "Village Residential (Low Density) (VR.1)" zone to the "Multiple -FamilyResidential 15 (R3.15)" zone. Adjacent lands were the subject of a 2000 rezoning to

permit the construciton of 20 townhouse units. This amendment would permit the

construction of an additional 15 townhouse units on the subject lands. The amendment

also notes the requirements of the recently completed Desjardine Drain Two -Zone Study.

The Key Map shows more particularly the subject lands.

be

Page 13: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

MUNICIPALITY OF LAMBTON SHORES

CL Report No. 122-2001 Date: Tuesday, December 4, 2001

From: Carol McKenzie, Clerk

Re: Committee of Adjustment Decisions

Recommendation:

Forinformation only Report:

The Committee of Adjustment heard the following applications on Monday, November 26, 2001:

1. Evan & Louise Smithrim — Minor Variance Application

This application proposed relief from Sections 15.5 b) goods offered for sale are

to be manufactured on site, c) no outside storage of materials, containers, or

finished products and e) which limits the floor area of a home occupation to 25%

of the gross floor area of the dwelling.

Mr. & Mrs. Smithrim were present to present their application. Mr. Smithrim

informed the Committee that he does home repairs during the day and

sometimes meets with clients at his home in the evenings to discuss estimates, and he would like an office and some product samples to show the clients.

A discussion was held by the Committee members on the concern that this

variance would set a precedent for future "home occupations" along the Highway21 corridor.

The Committee's decision was to grant a variance for Sections 15.5 b) and c) and not allow the variance for e). The Smithrims will need to conform to the

requirement to limit the home occupation to 25% of the floor area. The

Committee also requested that the applicant enter into a site plan agreement with

the Municipality to monitor the home occupation.

2. Philip Walden for Margaret and Frank Van DePeer — Minor Variance

This application proposed relief from Section 7.1.2 c) ii) which requires a

minimum side yard setback of 2 metres where the dwelling includes an attached

carport or garage.

The Committee granted the variance.

40

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3. Philip Walden for Dick Pollock — Consent Application

Mr. Walden presented the application for consent to sever an irregularly shapedparcel from a farm parcel and add it to the rear of an abutting residential propertyowned by Mr. Turnbull

The Committee granted the consent. The severed lands are to be deeded in thesame name and interest to which it is being added.

Should you have any questions, please contact Jackie Mason at 786-2335.

Respectfullysubmittedcp-)d Carol

McKenzie Clerk2.

Page 15: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

MUNICIPALITY OF LAMBTON SHORES

CL Report No. 123-2001 Date: Thursday, December 6, 2001

From: Carol McKenzie, Clerk

Re: Riverbend Wharf — Ray Losee

Recommendation:

That the draft letter of understanding between the Municipality of LambtonShores and Riverbend Wharf Inc., as outlined in CL Report No. 123-2001 is

accepted as presented and the Mayor and Clerk are authorized to sign the

agreement on behalf of the Municipality

Report:

Mr. Ray Losee is the owner of the property referred to as the former Manore

Property on Sauble River Road. In July, the Council held a public meeting on the

proposed zone amendment from Multi -residential 14 to Single Family Residentialand the application was approved on July 16, 2001.

Mr. Losee has recently approached the Municipality and asked for permission toerect a model home on the property, on the most northerly "lot", and connect to the

existing sewer, water and hydro connections.

As a general rule, a person is entitled to receive a permit to build on a piece of

property, conditional upon meeting all the zoning and setback requirements. In this

case, Mr. Losee has not subdivided the lots, and therefore has one lot of record andwould be entitled to one permit.

Dave Posliff has prepared a "mini" agreement which states that the Municipalityagrees that one model home may be constructed on the property, conditional uponthe owner acknowledging that he is fully responsible for siting the building properlyto ensure that it does not hamper his future developments, and that he is notabsolved of any future responsibility for servicing, upgrades etc when the balanceof the project commences.

Respectfully submitted,

Carol McKenzieClerk

13

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112/05/200114: 54519-536- 9861 592

Adel" Sired. Woodstock,

OrtOM H48460Phom ( 519)538.9981

FaDc (519) 538- 6681 FaX PAGE

01RIVERBENDWHARF INC.

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Council Tues. Dec 11 / 01 CC.- E3 CeE3

urgnt O Ron

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w+eer! X P1"m ROply O P1era

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For the

purposeof obtaining

a BulMV Permit for one single family

dwelling onthe format Msnom sMe Sauble Road, Grand

Berl Iwould think the by-law

which has been passed hers been impirarmtmd and I

will beable to meet the aster* by-law In re9srds to est backs, side yards and

lot oaveragft / 1OdRd isacopyof the site plan with theone house OAodel Norse) shown foryour review. The hour vA be hurtheat to the northof thekit and hooked up10eedstingsewer, water and hydro %dMio& Any aqudment with these services vA bedone at the time the rest of the developmmtis SOMbed. If you have any questions please onto meat the office (519) 536-®961 ormy call (1519) 63 2548. Sirmerely Ray LoWe

Page 17: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

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Page 18: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

AGREEMENT

REGARDING

THE CONSTRUCTIONOFA "MODEL HOME" BETWEEN:

The Corporation of the Municipality of Lambton Shores

The Municipality)

AND

Riverbend Wharf Inc.

The Owner)

The Municipality hereby agrees that one (1) single detached dwelling maybe constructed on the Owner's lands, described as Part of Block E, Plan

30, on Sauble Road in Grand Bend, subject to meeting all currentlyapplicable regulations.

2. The Owner hereby acknowledges and agrees to the following:

a) that the Owner bears the full responsibility for siting the subjectdwelling in a location that will not interfere with its own plans for thefuture subdivision of the property.

b) that any building permit granted by the Municipality for the subjectdwelling does not relieve the Owner of any future requirements ofthe Municipality regarding the subdivision of the property, includingrequirements for improvements to the municipal road and services, and the entering into of further development or subdivision

agreements for the subject lands.

Dated this _ day of Owner

J.

C. Ivey, Mayor Carol

McKenzie, Clerk 2001.

A &

Page 19: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

THE MUNICIPALITY OF LAMBTON SHORES

C.A.O. Report No. 111-2001 Thursday, December 6th 2001

To: Mayor Cam Ivey and Members of Council

From: John Byrne Chief Administrative Officer

Re: Site Plan Agreement — Purdy Fisheries Limited 83 River Rd. Grand Bend

Recommendation:

That the Mayor and Clerk be authorized to execute a Site Plan Agreementwith Purdy Fisheries Limited for the development of property located at 83

River Rd. Grand Bend as outlined in C.A.O. Report No. 111-2001

Report:

Purdy Fisheries Limited is a commercial fishing company, which operates out of Grand

Bend Harbour. The building they operated from previously was demolished early in

2001 to allow for the construction of a new building to operate their business.

The Site Plan Control By-law of Grand Bend and now Lambton Shores makes

provision for commercial type buildings like this to submit a Site Plan if significantmodifications are being made. The unusual aspect of this particular property is that it

has frontage on River Rd. and on Grand Bend harbour. The other interesting aspect is

that half the property, that half fronting on the harbour is on leased land with the

Federal Government.

As noted this is a commercial fishing operation designed to store equipment and

supplies related to that operation. The site plan will consist of requirements with

respect to surface drainage, signage, driveways, parking and lighting. Due to the

commercial nature of the zoning there are no requirements with respect to landscapingthat are needed.

The Site Plan agreement therefore simply lays out the basis requirements for the

development of the property.

Respectfully submitted,

ative Officer

7.

Page 20: Mr. Halicki6 THE CORPORATION OF THE MUNICIPALITY OF ......Summary Sheet — Drainage meetings Broadview Court of Revision To deal with assessment issues only.Technical merit was to

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