Planning Advisory Committee Minutes of July 4, 2017

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Planning Advisory Committee Minutes

Date:               Tuesday, July 4, 2017

Time:             7:00 p.m.

Place:                         County of Brant Council Chambers, 7 Broadway Street West, Paris

Present:         Mayor Eddy, Councillors Bouma (7:10 p.m.), Cardy, Coleman, Chambers, Gatward, Miller, Peirce, Powell, Simons and Wheat

Staff:               Emerson, Angrish, Davidson, Namisniak and Crozier

Councillor Powell in the Chair.

Approval of Agenda

Moved by – Councillor Gatward

Seconded by – Councillor Peirce

That the Planning Advisory Committee agenda and addendum for July 4, 2017 be approved.

Carried

Delegations / Petitions / Presentations

Dave Aston, MHBC Planning – Nith Peninsula Area Study Update

D. Aston made the presentation “Nith Peninsula Area Study – Update July 2017,” outlining the progress of the area study, and the most recent change of ownership of the lands to Losani Homes. He explained the updated development plan, which sees minor modifications to the road network to convert a previously identified road to a pedestrian access, and a broader range of housing types to provide a minor increase in density to address recent planning policy changes.

He indicated that the Community Services Division has provided comments requesting that a park proposed to be situated at the northern end of the plan be moved to a more central location, and expressed that a focus of the plan is how to connect the community to the existing network of trails in the area, and ultimately pedestrian access to downtown Paris. He further noted that approximately 60% of the land is not proposed for development, and will be conveyed to the County for recreation and environmental purposes.


 


He further explained that based on the revisions to the plan, the applicant will be discussing a potential land acquisition or exchange with the County, namely for lands to the west of Victoria Park for the Street ‘C’ connection, and at the north end of the development. As well, he noted that a neighbourhood meeting to outline the project will be held prior to Committee/Council consideration of the Plan of Subdivision.

Approval of Minutes

Moved by – Councillor Wheat
Seconded by – Councillor Cardy

That the Planning Advisory Committee minutes of June 6, 2017 be approved.

Carried

Public Hearings Under the Planning Act to Receive Information from the Public

PS1/17/MD & ZBA08/16/MD – Part Lot 11, Concession 1, geographic Township of Brantford
(Riverview Highlands (1045) Holdings Limited, 1045 Rest Acres Road)

In the matter of an application received from GSP Group, on behalf of Riverview Highlands (1045) Holdings Limited, owner of lands described as Part of Lot 11, Concession 1, County of Brant, in the geographic Township of Brantford, and located at 1045 Rest Acres Road, where application PS1/17/MD proposes to develop the subject lands under a Plan of Subdivision, and application ZBA08/16/MD proposes to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) and Natural Heritage (NH) to site specific Residential Singles and Natural Heritage (NH).

Marcus Davidson, Senior Planner reviewed the application, which is presented to receive information from the public prior to staff’s detailed analysis, noting that this application will round out other applications related to 1039, and 1067 Rest Acres Road.

Kendra Murphy, GSP Group, Agent

K. Murphy outlined the proposal, noting that it is a completion of the Riverview Highlands Holdings land portfolio on Rest Acres Road, and that portions of land have been added to this parcel from 1039, and 1067 Rest Acres Road. As well, she noted that the eastern portion of the parcel is not subject to the Zoning By-law amendment, and will remain within its current classification. She explained the proposed zoning, which for Lots 6-16 is proposed to be split between site specific Residential Singles where the homes will be constructed, and a Natural Heritage (NH) zone that has been crafted to protect slope stability, and is based on a tree retention policy devised from the addendum to the Environmental Impact Study. She further noted that the lots will front onto Lorne Card Drive.


 

Members of the Public

Jola Malecki, 188 Mile Hill Road

J. Malecki questioned what is permitted to be constructed in the Natural Heritage zoned areas, and the repercussions should an individual violate relevant provisions.

In response to the questions, M. Davidson responded that very little, to no activity is permitted in most Natural Heritage zoned areas, and that construction in the areas could be a violation of the County of Brant’s Zoning By-law, and the regulations enforced by the Grand River Conservation Authority.

Committee Consideration

Moved by – Councillor Wheat
Seconded by – Councillor Coleman

That report PA-17-27, and the presentations made regarding applications PS1/17/MD and ZBA08/16/MD, received from GSP Group, on behalf of Riverview Highlands (1045) Holdings Limited, owner of lands described as Part of Lot 11, Concession 1, County of Brant, in the geographic Township of Brantford, and located at 1045 Rest Acres Road, where application PS1/17/MD proposes to develop the subject lands under a Plan of Subdivision, and application ZBA08/16/MD proposes to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) and Natural Heritage (NH) to site specific Residential Singles and Natural Heritage (NH), be received as information.

Carried

ZBA19/17/MD – Range 2, SHR, Part Block A and Part of Road Allowance, Plan 2R-3291 Parts 1 and 2, and Plan 2R-5732 Part 1, geographic Township of Brantford
(Vanderwoude, 139 Langford Church Road)

In the matter of an application received from Snodgrass Consulting Services on behalf of Donna Vanderwoude, owner of lands described as Range 2, SHR, Part Block A and Part of road allowance, Plan 2R-3291 Parts 1 and 2, and Plan 2R-5732 Part 1, County of Brant, in the geographic Township of Brantford, and located at 139 Langford Church Road to amend Zoning By-Law 61-16 to rezone the subject lands from Agricultural (A) to Rural Residential (RR) to facilitate the creation of a new residential lot.

Marcus Davidson, Senior Planner reviewed the application, which is presented to receive information from the public prior to staff’s detailed analysis.

Howard Snodgrass, Snodgrass Consulting Services, Agent

H. Snodgrass explained that the new residence is proposed to be constructed near the existing barns on the property, and that the existing dwelling will be severed from the property. In response to a question from the Committee, he responded that while the retained lands will only have 17m of roadway frontage, it will have enough frontage to comply with the Zoning By-law.

Members of the Public

Jack Smith, 129 Langford Church Road

J. Smith questioned how many residences are proposed to be constructed, and whether the existing frontage is sufficient.


 

Len King, 39 Barton Road

L. King noted that he owns a horse farm at 164 Langford Church Road, and inquired whether Minimum Distance Separation (MDS) calculations have been completed for the proposal.

M. Davidson explained that consideration of MDS for the property will be completed before the application is brought to Committee for its consideration.

Howard Snodgrass, Snodgrass Consulting Services, Agent

H. Snodgrass confirmed that only one residence is proposed, and that with the irregular lot shape, the frontage is measured at a point that is away from the roadway.

Committee Consideration

Moved by – Councillor Wheat
Seconded by – Councillor Peirce

That report PA-17-33, and the presentations made regarding application ZBA19/17/MD, received from Snodgrass Consulting Services on behalf of Donna Vanderwoude, owner of lands described as Brantford Range 2, SHR, Part Block A and Part of Road Allowance, Plan 2R-3291 Parts 1 and 2, and Plan 2R-5732 Part 1, County of Brant, in the geographic Township of Brantford, and located at 139 Langford Church Road to amend Zoning By-Law 61-16 to rezone the subject lands from Agricultural (A) to Rural Residential (RR) to facilitate the creation of a new residential lot, be received as information.

Carried

Public Hearings Under the Planning Act to Consider Staff Recommendations

ZBA08/17/JK – County of Brant Zoning By-law 61-16

In the matter of an application filed to amend Zoning By-law 61-16, seeking an additional Housekeeping Amendment to the County of Brant Zoning By-law to prohibit the retail sale of marijuana.

Jessica Kitchen, Zoning By-law Administrator, reviewed the application, noting that the application was previously recommended for approval at June 6 Planning Advisory Committee meeting, and that staff is proposing an additional amendment to prohibit the retail sale of marijuana.

Members of the Public

None.

Committee Consideration

Moved by – Mayor Eddy
Seconded by – Councillor Miller

That application ZBA08/17/JK, being a Housekeeping Amendment to the County of Brant Zoning By-law, seeking additional amendments to prohibit the retail sale of marijuana, be approved.

Carried

CDM01/16/RA - Plan 2M-1927 Block 22, geographic Town of Paris
(Pinevest Homes Inc., 30 Balmoral Street)

In the matter of an application received from GSP Group, agent for Pinevest Homes Inc., applicants/owners of lands described as Plan 2M-1927 Block 22, County of Brant, in the geographic Town of Paris, and located at 30 Balmoral Street, to provide Draft Plan Approval for 12 townhouse units each with exclusive front and rear yards via a Common Element Plan of Condominium with Parcels of Tied Land.

Ruchika Angrish, Senior Planner reviewed the application.

Kendra Murphy, GSP Group, Agent

Present, available to answer questions.

Members of the Public

None.

Committee Consideration

Moved by – Councillor Coleman
Seconded by – Councillor Wheat

That application CDM01/16/RA, received from GSP Group, agent for Pinevest Homes Inc., applicants/owners of lands described as Plan 2M-1927 Block 22, County of Brant, in the geographic Town of Paris, and located at 30 Balmoral Street, to provide Draft Plan Approval for 12 townhouse units each with exclusive front and rear yards via a Common Element Plan of Condominium with Parcels of Tied Land, be approved, subject to the following Conditions of Draft Plan Approval:

·                That, prior to registration of the Plan of Condominium, the Owner is to provide details on the structure of the Condominium Corporation and how its declarations address all matters stated in the previously registered Site Plan Agreement. The Condominium Corporation is to be registered in the Land Registry Office.

·                That, the Declarations include advisories that the Condominium Corporation is solely responsible for infrastructure maintenance, snow removal, garbage and recycling collection within the Plan of Condominium at their expense and will not be the responsibility of the County, in perpetuity.

·                That, prior to the final registration of all or any part of the Condominium, the Owner’s surveyor shall submit to the County horizontal co-ordinates of all boundary monuments for the approved Condominium to the satisfaction of the County.

·                At least 60 days prior to final approval of the Subdivision, the County of Brant is to be advised in writing by the Developer/Owner, how the Conditions have been satisfied.

·                Pursuant to Section 51(32) of the Planning Act, draft plan approval, together with all conditions, shall lapse in three years from the date of granting draft plan approval by the County, should final approval not be given.

Carried


 

ZBA09/17/RA – Plan 727, Lot 25, geographic Township of Burford
(Zylstra, 160 King Street)

In the matter of an application received from Gerrit Zylstra, owner of lands described as Plan 727 Lot 25, County of Brant, in the geographic Township of Burford, and located at 160 King Street, to amend Zoning By-Law 61-16 to rezone the subject lands from Suburban Residential (SR) to special exception Suburban Residential to allow for continuation of a bicycle sale and repair shop use as a residential home occupation.

Ruchika Angrish, Senior Planner reviewed the application, noting that staff reviewed two previous Township of Burford Zoning By-laws, which concluded that home based occupations were not previously permitted in accessory structures, and confirmed that a legal non-conforming status cannot be applied to the subject lands. The provisions of the site specific Zoning were developed in consultation with the applicant and the neighbour to mitigate issues that had been previously experienced with the land use. In response to a question, she responded that hours of operation are not outlined in the amendment, but that enhanced signage has been installed to better define when the operation is open.

Owner/Applicant

Not present.

Members of the Public

None.

Committee Consideration

Moved by – Councillor Wheat
Seconded by – Councillor Coleman

That application ZBA09/17/RA received from Gerrit Zylstra, owner of lands described as Plan 727, Lot 25, County of Brant, in the geographic Township of Burford, and located at 160 King Street, to amend Zoning By-Law 61-16 to rezone the subject lands from Suburban Residential (SR) to special exception Suburban Residential to allow for continuation of a bicycle sale and repair shop use as a residential home occupation, be approved.

Carried

ZBA10/17/DN – Sub Part Lot 1, Concession 3, geographic Township of South Dumfries
(Telfer, 647 Watt’s Pond Road)

In the matter of an application received from David Bruce Telfer, owner of lands described as Sub Part Lot 1, Concession 3, County of Brant, in the geographic Township of South Dumfries, and located at 647 Watt’s Pond Road, to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to Agricultural with Special Provision (A-9) to prohibit a dwelling unit.

Dan Namisniak, Planner reviewed the application.  Committee discussion centred on ensuring that only the land necessary for the dwelling is severed to reduce the amount being removed from agricultural production, and the Council approved policy that land use is to be determined by Committee/Council before the Committee of Adjustment considers the severance application. Staff responded that this parcel is smaller (0.49ha) than the guidance provided by the County of Brant Official Plan, which suggests parcels of 0.60ha or smaller. It was further noted that the process for conditionally severing surplus farm dwellings before determining the land use has not been changed by County staff.

Bruce and Sherry Telfer, 647 Watt’s Pond Road,Owners/Applicants

B. Telfer noted that the application is to sever the existing farmhouse from the farmland, noting his agreement that too many lots have been severed off in the country.

Members of the Public

None.

Committee Consideration

Moved by – Councillor Coleman
Seconded by – Mayor Eddy

That application ZBA10/17/DN, received from David Bruce Telfer, owner of lands described as Sub Part Lot 1, Concession 3, County of Brant, in the geographic Township of South Dumfries, and located at 647 Watt’s Pond Road, to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to Agricultural with Special Provision (A-9) to prohibit a dwelling unit, be approved.

Carried

ZBA15/17/DN – Part Lots 43 to 45, Concession 3, geographic Township of Brantford
(LIV Developments Ltd, 249 Garden Avenue)

In the matter of an application received from IBI Group, agent for LIV Developments Ltd., applicant and Paramjit Singh, owner of lands described as Part Lots 43 to 45, Concession 3, County of Brant, in the geographic Township of Brantford, and located at 249 Garden Avenue, to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to a Special Provision Temporary zone to permit a Temporary Sales Trailer.

Dan Namisniak, Planner reviewed the application.

John Ariens, IBI Group, Agent

J. Ariens noted that the sales trailer will promote a 260 unit subdivision in the City of Brantford, and that the location has been used in the past for a home sales trailer, and construction staging area, as it is located in a prime location with a fully signalized intersection. He explained that the entrance will be handled through the City of Branford’s Site Alteration Permit system, and that traffic will be minimal as sale appointments are typically reserved in advance.

Members of the Public

None.

Committee Consideration

Moved by – Councillor Wheat
Seconded by – Councillor Chambers

That application ZBA15/17/DN, received from IBI Group, agent for LIV Developments Ltd., applicant and Paramjit Singh, owner of lands described as Part Lots 43 to 45, Concession 3, County of Brant, in the geographic Township of Brantford, and located at 249 Garden Avenue, to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to Special Provision Temporary to permit a Temporary Sales Trailer, be approved.

Carried

ZBA17/17/DN – Part Lot 39 and 40, Concession 1, geographic Township of Brantford
(Gowland Farms Ltd, 204 Governors Road East)

In the matter of an application received from Snodgrass Consulting Services, on behalf of Gowland Farms Ltd., owner of lands described as Part Lot 39 and 40, Concession 1, County of Brant, in the geographic Township of Brantford, and located at 204 Governors Road East, to amend Zoning by-law 61-16 to rezone the subject lands from Agricultural (A) to Agricultural with Special Provision (A-9) to prohibit a dwelling unit.

Dan Namisniak, Planner reviewed the application.

Howard Snodgrass, Snodgrass Consulting Services, Agent

H. Snodgrass commented on the previous discussion of considering severance applications before the land use, noting that for this particular application, the demolition of a barn has taken place to ultimately reduce the parcel size.

Members of the Public

None.

Committee Consideration

Moved by – Councillor Chambers
Seconded by – Councillor Bouma

That application ZBA17/17/DN, received from Snodgrass Consulting Services, on behalf of Gowland Farms Ltd., owner of lands described as Part Lot 39 and 40, Concession 1, County of Brant, in the geographic Township of Brantford, and located at 204 Governors Road East, to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to Agricultural with Special Provision (A-9) to prohibit a dwelling unit, be approved.

Carried

ZBA18/17/DN – Part Lot 19, Concession 5, geographic Township of Burford
(581544 Ontario Inc., 405 West Quarter Townline Road)

In the matter of an application received from Brian Enes, on behalf of 581544 Ontario Inc., owner of lands described as Part Lot 19, Concession 5, County of Brant, in the geographic Township of Burford, and located at 405 West Quarter Townline Road, to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to Agricultural with Special Provision (A-9) to prohibit a dwelling unit.

Dan Namisniak, Planner reviewed the application.

Brian Enes, Applicant

B. Enes noted that the subject lands are owned by his parents, and that he is unaware of the history of any previous severances from the original farm parcel. He indicated that the severance would permit his parents to sell the farmland, and retain the home to live in.

Members of the Public

None.

Committee Consideration

Moved by – Councillor Chambers
Seconded by – Councillor Peirce

That application ZBA18/17/DN, received from Brian Enes, on behalf of 581544 Ontario Inc., owner of lands described as Part Lot 19, Concession 5, County of Brant, in the geographic Township of Burford, and located at 405 West Quarter Townline Road, to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to Agricultural with Special Provision (A-9) to prohibit a dwelling unit, be approved.

Carried

Consent Items to be Received as Information

Moved by – Councillor Wheat
Seconded by – Councillor Gatward

That the following items be received as information:

1.            Brant Heritage Committee Minutes of June 1, 2017

Carried

Councillor Cardy left the meeting at 8:30 p.m.

PA-17-31 – Overview of Amendments to the Growth Plan for the Greater Golden Horseshoe

Moved by – Councillor Peirce
Seconded by – Councillor Bouma

That staff report PA-17-31 be received as information.

Carried

PA-17-32 – Bill 139 (Building Better Communities & Conserving Watersheds Act 2017)

Moved by – Councillor Coleman
Seconded by – Councillor Gatward

That the County of Brant supports the proposed changes to the Ontario Municipal Board, as outlined in Bill 139 - Building Better Communities & Conserving Watersheds Act 2017 (EBR 013-0590 Posting by the Ministry of Municipal Affairs.)

Carried

Other Business

Ayr Farmers Mutual 125th Anniversary Tree Planting Program

Councillor Wheat noted that Ayr Farmers Mutual Insurance will be celebrated their 125th anniversary in 2018, notably by planting 125 trees throughout the areas they serve.


 

General Manager’s Update

Marcus Davidson, Senior Planner, noted that the recruitment period for the two new Development Engineering Technologist positions has closed, and applications are being reviewed.

Next Meeting and Adjournment

The Committee adjourned at 8:40 p.m. to meet again on Tuesday, August 1, 2017, 7:00 p.m. in County of Brant Council Chambers.

                                                                                    __________________________________

                                                                                    Secretary

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