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