Planning Advisory Committee Minutes

Present:         Mayor Bailey, Councillors Wheat (7:12 p.m.), MacAlpine, Laferriere, Howes, Bell, Peirce, Chambers, Miller, Coleman and Gatward

Staff:               Bradley, Trotter, Davidson, Cummins, Namisniak, Zuidema and Boyd

Councillor Bell in the Chair.

Approval of Agenda

Moved by – Councillor Gatward
Seconded by – Councillor Laferriere

That correspondence from the Brantford Homebuilders’ Association with respect to Staff Report PA-19-13 – Growth Management be referred for consideration under item 11a.

.Carried

Moved by – Councillor Chambers
Seconded by – Mayor Bailey

That the delegation request from David Aston be approved.

.Carried

Moved by – Mayor Bailey
Seconded by – Councillor Peirce

That the Planning Advisory Committee agenda and addendum for April 2, 2019 be approved, with additions.

Carried

Delegations / Petitions / Presentations

Dave Aston, MHBC Planning, on behalf of Telephone City Aggregates

Mr. Aston outlined that his client, Telephone City Aggregates (TCA), purchased land in the Sharp Road area from the County and has been undertaking development plans for this landholding.  TCA is currently investigating both residential and industrial components to the development of the site and is requesting that any actions taken under Staff Report PA-19-13 not impede their ability to continue discussions with staff, undertaken necessary studies and proceed with development applications.

 

Moved by – Councillor Miller

Seconded by – Councillor Coleman

 

That the delegation from Dave Aston, MHBC Planning, be referred to item 11a – Staff Report PA-19-13.

.Carried

Approval of Minutes

Moved by – Councillor Peirce

Seconded by – Councillor Gatward

 

That the Planning Advisory Committee minutes of March 3, 2019 be approved.

.Carried

Public Hearings to Receive Information from the Public

ZBA 11/19/RC – Fit Effect, Hartley Avenue

Ryan Cummins, Senior Policy Planner, reviewed the application, which is presented to receive information from the public prior to staff’s detailed analysis.  In response to a question, Mr. Cummins reviewed the proposed entrances.

Paul Emerson, Agent and Nick Hayward, Owner

Mr. Emerson reviewed the concept for the property, which is consistent with the Official Plan and noted that the zoning amendment would be consistent with other permitted uses.  In response to a question, Mr. Hayward reviewed the proposed strategy for development of the land and expected additional employment opportunities.

Members of the Public

None

Committee Consideration

Moved by – Councillor Peirce

Seconded by – Councillor Howes

 

That presentations made regarding application ZBA 11/19/RC be received as information.

.Carried

ZBA 5/19/DN & PS 1/19/DN – Arthur Subdivision, Oakland Road & Bannister Street

Dan Namisniak, Planner, reviewed the application, which is presented to receive information from the public prior to staff’s detailed analysis.  In response to a question, he noted that the proposed zoning would be Suburban Residential.  Members of the public can obtain any of the studies by contacting either planning staff or the applicant.

 

Eric Saulesleja, GSP Group, Agent and Jason Fleury, Development Engineering

Mr. Saulesleja reviewed the application, outlining the natural heritage setbacks, traffic flows and proposed zoning.  Mr. Fleury outlined hydrogeological studies and water monitoring, which conclude that there is sufficient water, noting that the draw from the development is much less than approved Permits to Take Water in the area.  There is no negative impact expected from the proposed septic systems.  Mr. Fleury reviewed that stormwater management will be through on-site infiltration, with pre-treated collection of road run-off.  The traffic impact study estimates a 5% increase in traffic, with no negative impact to existing routes. 

 

Mr. Saulesleja commented on resident concerns about the loss of agricultural land and natural heritage areas and noted that this proposal is consistent with Official Plan Policies and that the recommendations of the Environmental Impact Study have been incorporated.  He commented on ongoing meetings with one adjacent neighbor to address concerns regarding setback.

 

In response to a question, Mr. Fleury noted that an overburden aquifer and the bedrock aquifer were considered in the hydrogeological studies.  He further responded that percolation tests were undertaken to determine filtration.  Septic system designs will be based on these results.  Lot size requirements will be met.

Members of the Public

Neil Gatward, 171 Oakland Road

Mr. Gatward noted that the proposed development is adjacent to his property, with the lot line being four feet from the side of his house, which would impede access to his rear yard.  He commented on meetings with the developer to address the access issue, which are ongoing.  Mr. Gatward expressed concern regarding water supply and requested assurance that neighbouring wells and area agricultural operations will not be impacted.

 

Elysha Wale, 6 Bannister Street

Ms. Wale expressed concern about the access to the development from Bannister Street and the additional traffic on the street, noting that speeding and truck traffic is already a concern in this area.  She requested that Oakland Road be the only access.  Ms. Wale also requested that some greenspace features (i.e. parkland) be incorporated.

Committee Consideration

Staff was requested to confirm when the Bannister Street subdivision was developed and whether the groundwater testing was completed before or after soil management applications were undertaken in the area last year.

 

Moved by – Councillor Coleman

Seconded by – Councillor Miller

 

That presentations made regarding ZBA 5/19/DN & PS 1/19/DN be received as information.

.Carried

ZBA 10/19/DN – 2561834 Ontario Inc., 87A-89B Dumfries Street

Dan Namisniak, Planner, reviewed the application, which is presented to receive information from the public prior to staff’s detailed analysis.  In response to a question, he clarified that the applicant has requested that one of the required parking spaces be within the garage and the other be on the right-of-way, technically off-site.  Committee requested a diagram to explain this further at the next meeting.  The Zoning By-law does not specify the size of the garage.

Dave Dureno and Josh Thiessen, Applicants

Mr. Dureno and Mr. Thiessen reviewed this application, noting that the development has been proposed for years, however the original construction as two semi-detached dwellings was not deemed feasible due to elevation and construction constraints of the property.  They presented photos demonstrating the proposed construction / site layout, suggesting that the design would be in keeping with the existing streetscape.  They reviewed that the proposed design and elevation make the best use of the property and maintain a high level of aesthetics.  It would not be possible to develop the property in keeping with the setback requirements.  They commented that variance from the parking requirements is also a result of the challenging elevations and that the garages will be built to fit a pick-up truck.

Members of the Public

Jeff Pottruff, 76 Dumfries Street

Mr. Pottruff expressed concern about the proposed parking plan, noting that there is a T-intersection immediately across the road and suggesting that there is insufficient on-street parking to accommodate these units and potential visitors.  He requested that two on-site spaces per unit be required.

 

Jim Harder, 25 Washington Street

Mr. Harder expressed concern about the proposed parking exemption, noting that there is already a shortage of on-street parking on Dumfries Street.

 

Tim Risebrough, 85 Dumfries Street

Mr. Risebrough expressed concern about the proposed parking exemption and noted that construction in the area is challenging due to slope issues.  He suggested that no exemptions be granted and that the proposal be pared back to be accommodated on the site.

Committee Consideration

Moved by – Councillor Peirce

Seconded by – Mayor Bailey

 

That presentations made regarding ZBA 10/19/DN be received as information.

.Carried

ZBA 12/19/DN – Joannette, 3 Marr Drive

Dan Namisniak, Planner, reviewed the application, which is presented to receive information from the public prior to staff’s detailed analysis.  In response to a question, Mr. Namisniak reviewed that the proposed amendment would recognize the existing condition and setback limitations.

Nelson Joanette, Applicant

In response to a question, Mr. Joanette reviewed access to the site and the proposed building lot.

Members of the Public

Joe Keresturi, 7 Marr Drive

Mr. Keresturi expressed concern about the separation between the proposed building lot and his property and the possible impact on agricultural operations.

 

Committee Consideration

Moved by – Councillor Coleman

Seconded by – Councillor Wheat

 

That presentations made regarding ZBA 12/19/DN be received as information.

.Carried

 

Committee recessed at 8:50 p.m. and reconvened at 8:54 p.m.

Public Hearings to Consider Staff Recommendations

ZBA 8/19/DN – Pike, 637 Bishopsgate Road

Dan Namisniak, Planner, reviewed the application.

Rob vanPoorten, J.H. Cohoon Engineering Ltd., Agent

Mr. vanPoorten reviewed the application, noting that this is a condition of consent approved by the Committee of Adjustment to sever a dwelling surplus to the farm operation.

Committee Consideration

Moved by – Councillor Wheat

Seconded by – Mayor Bailey

 

That application ZBA 8/19/DN from J.H. Cohoon Engineering, agent for Bill and Colleen Pike, owners of land described as Concession 1, Part Lot 1, Part Lot 2, geographic Township of Brantford, located at 637 Bishopsgate Road, County of Brant, to rezone a portion of the subject lands from Agricultural (A) to Agricultural (A-9) to prohibit a dwelling as a permitted use to satisfy conditions of consent application B9/19/DN, be approved.

.Carried

ZBA 3/19/MD – Losani Homes (Mile Hill), 1021 Rest Acres Road

Marcus Davidson, Senior Planner, reviewed the application, which would facilitate the implementation of a sales trailer on lands not currently phased for development.  In response to a question, Mr. Davidson reviewed that the proposed location would not interfere with the roundabout construction proposed.  He further outlined that there is a potential for residential units above the commercial uses.

Dave Aston, MHBC Planning, Agent

Mr. Aston presented this application, reviewing the history of the development, the proposed modification, which results from the Class Environmental Assessment for Rest Acres Road.  The trailer construction is intended to open in conjunction with the opening of the roundabout and would be accessed from a temporary road.  He noted minor changes to some of the site-specific zoning provisions and red-line revisions to the draft plan of subdivision.  These modifications are represented in the draft by-law.

 

In response to a question regarding the transition from apartment to townhouse construction, Mr. Aston noted that the design of the apartment building has yet to be finalized and would be in keeping with the zoning height requirements.

Committee Consideration

Moved by – Councillor Coleman

Seconded by – Councillor Wheat

 

That application ZBA 3/19/MD from MHBC Planning, agent for Losani Homes, owners of land described as Concession 1, Part of Lots 11 and 12, geographic Township of Brantford, located at 1020 Rest Acres Road, County of Brant, to amend the Residential Singles, Residential Singles and Semis and Open Space to allow a temporary sales trailer that is not located within a registered phase of the subdivision for a period of up to three (3) years, be approved;

And that the minor redline revision to PS 3/09/MD be approved.

.Carried

Consent Items to be Received as Information

Moved by – Councillor Wheat

Seconded by – Councillor Peirce

 

That the following consent items be received as information:

1.    Brant Heritage Committee minutes of March 7, 2019.

2.    Agricultural Advisory Committee minutes of March 25, 2019.

.Carried

PA-19-13 – Growth Management

Rob Trotter, Acting General Manager of Development Services, presented this report, noting that a Staging of Development report was tabled in 2017 and that the matter of a growth management strategy was brought forward again at Council’s request in 2019.  He reviewed that the recommendation focuses on Paris and would impact proposals that have not yet had area studies or draft plans of subdivision submissions in progress or approved.  Mr. Trotter outlined that there are servicing constraints, infrastructure challenges and a number of outstanding studies that will limit development in the affected area over the next few years.

 

In response to questions, clarification was provided on the following:

·         Mr. Trotter agreed to provide copies of the letter from the Minister of Municipal Affairs and Housing suggesting that municipalities defer major planning decisions until new Provincial directives have been finalized.

·         Concern was expressed that the recommendation does not specifically limit its scope to Paris.  It was suggested that an amendment to include the wording “within the Paris Urban Settlement boundary” would address this concern.

·         Mr. Trotter confirmed that any development that has submitted a complete application, undertaken an area study or received draft plan approval would not be impacted.

·         Mr. Trotter clarified that the recommendation would address residential development only.  It is not intended to limit employment land development.

·         Jyoti Zuidema, Corporate Counsel, reviewed that under the Planning Act, if an applicant appeals a refusal to the Local Planning Appeal Tribunal, this Council resolution would be taken into consideration by the tribunal.

·         In response to concerns about consultation with residents and the development community, it was noted that there would still be an opportunity for submissions at the Council meeting if the recommendation is forwarded for ratification.

·         Mr. Trotter indicated that the TCA (Sharp Road) lands would be partly affected by this recommendation, in that they are seeking an expansion of a residential plan of subdivision.  Members requested clarification on the affected areas.

Moved by – Councillor Wheat

Seconded by – Councillor Howes

 

Whereas the Minister of Municipal Affairs and Housing, through recent correspondence, has suggested that municipalities may wish to consider an interim pause on significant planning decisions in light of upcoming policy changes;

And Whereas the geographic Town of Paris is seeing significant residential growth, which is creating infrastructure demands that are not yet addressed;

And Whereas Council has directed staff to bring forward a County-wide growth management strategy (Staging of Development) for Council’s consideration;

And Whereas staff is currently in the process of preparing a new Development Charges By-law;

And Whereas staff is currently in the process of bringing forward the Paris Master Servicing Study update;

That Council direct staff to consider any new area studies or area study addenda for residential draft plans of subdivision, and applications for residential plans of subdivision, other than those already accepted and deemed complete or currently before the LPAT or having received the status of draft plan approval, as premature until such time as the following have occurred:

1.    The Province of Ontario has adopted Province-wide policy changes as outlined in the attached letter from the Minister of Municipal Affairs, Steven Clark;

2.    The Paris Master Servicing Study update is approved by Council;

3.    The Growth Management Strategy (Staging of Development) is approved by Council;

4.    The new Development Charges By-law is adopted by Council and through any appeal period; and

5.    Any necessary budget funding is in place and allocated to provide for the necessary infrastructure in support of the accompanying growth.

.No Vote – Motion to Defer Follows

 

Moved by – Councillor Peirce

Seconded by – Mayor Bailey

 

That Staff Report PA-19-13 “Growth Management” be deferred for one meeting cycle.

.Carried

General Manager’s Update

Rob Trotter, Acting General Manager of Development Services, updated Committee on the following:

·         Slope improvements are being undertaken at 47 Walnut Street to address historic concerns.  Further information will be forthcoming.

Next Meeting and Adjournment

Committee adjourned at 9:51 p.m. to meet again on Tuesday, May 7, 2019, 7:00 p.m. at the County of Brant Council Chambers.

                                                                                    __________________________________

                                                                                    Secretary