Rita Jabbour, Manager, Planning Services advised that the two acres parcel of residential vacant land is located on the east side of County Road 50 and Breezeway Drive. Mr. Jabbour explained that Breezeway Drive is a gravel road that is owned by the Town but not assumed by the Town. Ms. Jabbour further advised that municipal water services the properties along Breezeway Drive and has the capacity to service any additional development on this vacant parcel. There is no municipal sanitary sewer on the east side of County Road 50. The property is currently being used for Kiwanis Camp which is west of the subject site. The property is within 120 meters of the wetland or the area of natural environment.
Ms. Jabbour explained that the applicants are proposing a zoning change to permit a reduction in the minimum lot area of 4000 square meters to 1850 square meters to permit four residential lots labelled as 42-50 on Registered Plan 1390. In 2014 By-Law 1313 amended the zoning designation for the subject property from Green District to Residential District including a supplementary regulation that restricted each lot to a minimum area of 4000 square meters.
Ms. Jabbour consulted the County of Essex, Essex Region Conservation Authority and Essex Fire and Rescue Services in regards to this application. The County of Essex noted that the County Road setback regulations from County Road 50 would need to be considered and the Essex Region Conservation Authority advised that permits are required for lots affected by the regulation but no environmental assessment would be required.
Ms. Jabbour further advised that all property owners within that 120 meter radius were notified and there were no objections.
Deputy Mayor Meloche asked for further details pertaining to roads that are owned but not assumed by the Town.
Ms. Jabbour stated that roads that are owned by the Town of Essex and not assumed by the Town are kept at the minimum standard.
Deputy Mayor Meloche inquired what the process would be in the event that residents request the road to be paved or why they were not informed that the road will remain unpaved.
Chris Nepszy, CAO noted it is similar to all homes that are built on a private road such that it is up to the purchaser or developer buying the property to conduct their due diligence.
Ms. Jabbour stated that the homeowners could start a petition should they wish to have the road paved.
Deputy Mayor Meloche asked for the proposed lot sizes.
Daniel Inverarity, Representative, Kiwanis Club of Windsor, advised that the lots will be approximately 200 feet of frontage by 150 foot deep.
Mr. Inverarity further stated that he has now reacquired the waterfront property that was donated to the camp in 1952 but due to financial issues had been sold. The lots to the east are not utilized as much but there is equity in the land.
Councillor Bowman asked if the municipality or the developers were responsible for the drainage.
Mr. Inverarity stated that the drainage flows into the creek and heads to the west.
Councilor Bowman asked if the water goes to the street drain or a community drain and if so, is there an easement.
Councillor Vander Doelen requested that a disclaimer be added stating that residents of the street are wholly responsible for the upgrading of the street to municipal standards.
Ms. Jabbour noted that specifics such as the land or the road are usually addressed and registered on the title.
Edwin C. Hooker, Agent, Wolf Hooker Professional Corporation, noted that it should be added to the purchaser and sale agreement. In the future, he may enter in the disclaimer in future agreements acknowledging when a road is owned by municipality but currently maintained to the gravel standard and that the cost of updating the road would be the responsibility of the land owners.
Present at the Meeting:
Edwin C. Hooker, Agent, Wolf Hooker Professional Corporation
Dan Inverarity, Representative, The Kiwanis Club of Windsor