That Council:
Approve consent application B/10/21 to:
sever an existing dwelling, deemed surplus to the needs of the applicant’s farming operation on a 1.3 ha (3.2 ac.) lot shown as Part 3 on the applicant’s sketch, known as 888 Road 3 E, in the Town of Kingsville, subject to the following conditions:
That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town.
That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or Municipal Act be paid in full along with all municipal taxes.
That any necessary drainage apportionments be undertaken.
That the applicants provide confirmation to the satisfaction of the Town of the location of and function of the septic system.
That as a result of the severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date of certification of the deed.
The zoning of the retained parcel be amended to prohibit future dwellings, and protect the Natural Heritage Feature prior to certification (ZBA/07/21).
That the applicant provide confirmation to the satisfaction of the Town the location of any existing septic systems in relation to the revised lot line locations.
sever and convey a portion of lands from 838 Road 3 E, shown as Parts 5 & 6, as a lot addition to 888 Road 3 E, subject to the following conditions:
That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town.
That the lot addition to be severed, shown on the applicant’s sketch as Parts 5 & 6, be conveyed to and consolidated with the abutting parcel, known as 888 Road 3 E (P.I.N. 75169-0110) and Section 50(3 or 5) of the Planning Act applies to any subsequent conveyance of or transaction involving the parcels of land that are the subject of this consent.
That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or Municipal Act be paid in full along with all municipal taxes.
That any necessary drainage apportionments be undertaken.
That as a result of the severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date of certification of the deed.
That the necessary deed(s), transfer or changes be submitted in triplicate, signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification of the dwelling severance, lot addition and right-of-way.
The conditions imposed above applicable to all approvals shall be fulfilled by August 23, 2022 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.
Establish a permanent access right-of-way over 838 Road 3 E (Parts 1 & 2 on the applicant’s sketch), in favour of 888 Rd 3 E for the purpose of access to the woodlot, subject to the following conditions:
That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town;
That the necessary deed(s), transfer or changes be submitted in triplicate,
signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification;
The conditions imposed above shall be fulfilled by August 23, 2022 or this
application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.
Approve zoning by-law amendment application ZBA/07/21 to rezone the farmed portion of the retained parcel (Parts 5 & 6 and a portion of Part 4 on the applicant’s sketch) from ‘Agriculture (A1)’ to ‘Agriculture – Restricted (A2)’, and rezone the woodlot area (a portion of Part 4) from ‘Agriculture (A1)’ to ‘Natural Environment (NE)’ on Part of Lots 5 & 6, Concession 3 ED, Pts. 4, 5 & 8, RD 189 & Pt. 1, RP 12R 2247, in the Town of Kingsville, and adopt the implementing by-law.