Planning Advisory Committee Minutes

Present:         Mayor Eddy, Councillors Bouma (7:05 p.m.), Chambers (8:10 p.m.), Coleman, Gatward, Miller, Peirce, Powell, Simons and Wheat

Regrets:         Councillor Cardy

Staff:               Emerson, Pomponi, Trotter, Angrish, Hassan, Cummins, Kitchen, Namisniak and Crozier

Councillor Powell in the Chair.

Approval of Agenda

Moved by – Councillor Simons
Seconded by – Councillor Peirce

That the Planning Advisory Committee agenda and addendum for November 7, 2017 be approved.

Carried

Approval of Minutes

Moved by – Councillor Wheat
Seconded by – Councillor Miller

That the Planning Advisory Committee minutes of October 3, 2017 be approved.

Carried

 

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

ZBA34/17/BH – Part Lefferty Tract, RP 2R-7266 Parts 1, 7-9, 11, and 13, geographic Township of Brantford
(Kikielka, 138 Cockshutt Road)

In the matter of an application received from J.H. Cohoon Engineering Limited, agent for Bozena Kikielka, owner of lands described as Part Lefferty Tract, RP 2R-7266 Parts 1, 7-9, 11, and 13, County of Brant, in the geographic Township of Brantford, and located at 138 Cockshutt Road, wherein it is proposed to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to Rural Residential (RR) in order to recognize the existing residential land uses.

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

Rob van Poorten, J.H. Cohoon Engineering Limited, Agent

R. van Poorten noted that the subject lands were subject to an approved severance application in 2010, but that the approval lapsed. He explained that due to an oversight in the new Official Plan, a portion of the land is designated Agricultural, whereas the previous Official Plan designated it Rural Residential, which is consistent with the area along Cockshutt Road. He requested that the Planning Advisory Committee, and Council, interpret the subject lands as Rural Residential, and process the application without an Official Plan Amendment, owing to the previous designation.

Members of the Public

None.

Committee Consideration

Moved by – Councillor Simons
Seconded by – Councillor Peirce

That report PA-17-51, and the presentations made regarding application ZBA34/17/BH, received from J.H. Cohoon Engineering Limited, agent for Bozena Kikielka, owner of lands described as Part Lefferty Tract, RP 2R-7266 Parts 1, 7-9, 11, and 13, County of Brant, in the geographic Township of Brantford, and located at 138 Cockshutt Road, wherein it is proposed to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to Rural Residential (RR) in order to recognize the existing residential land uses, be received as information.

Carried

OPA-A-16-RA – Official Plan Amendment to Implement the St. George Area Study and Addendum Report

In the matter of an application initiated by the County of Brant, proposing to amend the County of Brant Official Plan to adopt the conclusions of the St. George Area Study, and an addendum to the Study.

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

Bobby Gauthier, WSP, Agent

B. Gauthier outlined the process leading to the Official Plan Amendment (OPA), noting that it stems from the conclusions of the St. George Area Study that was approved by Council in 2014. He explained that the Area Study document was largely a technical study examining servicing and to determine appropriate areas to be serviced by both water and wastewater services. The first draft of the OPA primarily addressed these matters, noting that the fully serviced areas will remain in the Primary Urban Settlement Area, while lands further west will be added to the Secondary Urban Settlement Area. Further considerations have been identified, and the addendum report to the St. George Area Study introduces clearer policies to guide development in St. George, phasing of development, and outlining how the development will be paid for. This will ensure that the development occurs in an appropriate and contiguous fashion, and that servicing allocation is present prior to development. In addition, he indicated that OPA illustrates the policies, including those related to the road network, urban design principles, and the addition of natural heritage areas.

In response to questions from the Committee, he explained that a certain percentage of the servicing capacity will be reserved for infill development, but the exact figure has not been confirmed. R. Angrish noted that the Public Information Centre for the St. George Water and Wastewater Class EA will be held on November 21, and while the OPA process can be completed prior to the completion of the Class EA, they are closely related as the Class EA will determine the extent of development on full services in St. George.

Members of the Public

Nora Fueten, 501 Blue Lake Road

N. Fueten requested a larger map to review the proposed areas. She inquired as to whether the areas that will not be serviced by municipal wastewater will be serviced by septic systems, or another wastewater system.

Nick Gougoulias - Nideva Properties

N. Gougoulias noted that his company has recently acquired the Oaks of St George golf course, and noted that they are committed to the OPA process as the property currently falls within primary urban settlement area. He explained that they have submitted a detailed letter to the County wishing to have a site specific policy developed for the golf course lands, intending to have the lands developed on partial servicing, noting they do not wish to compete with other developments for sanitary servicing.

Bobby Gauthier, WSP, Agent

In response to questions, B. Gauthier noted that the lands on partial services are envisioned to have municipal water services, and septic systems, noting that alternatives to traditional septic systems have not been explored. He further responded that specific policies regarding Low Impact Development principles have not been incorporated into the addendum report, or the OPA.

 

Committee Consideration

Moved by – Councillor Miller
Seconded by – Councillor Coleman

That report PA-17-50, and the presentations made regarding application OPA-A-16-RA, received from the County of Brant, proposing to amend the County of Brant Official Plan to adopt the conclusions of the St. George Area Study, and to approve an addendum to the St. George Area Study, be received as information.

Carried

Public Hearings Under the Planning Act to Consider Staff Recommendations

ZBA31/17/JK – Housekeeping Amendment to County of Brant Zoning By-law

In the matter of an application initiated by the County of Brant, to make various amendments to County of Brant Zoning By-law 61-16.

Jessica Kitchen, Zoning By-law Administrator, reviewed the application.

Members of the Public

None.

Committee Consideration

Moved by – Councillor Peirce
Seconded by – Councillor Miller

That application ZBA31/17/JK, initiated by the County of Brant, to make various amendments to County of Brant Zoning By-law 61-16, be approved.

Carried

ZBA32/17/DN – Range 2, EMP, Part Lots 7 & 8, geographic Township of Brantford
(Ritchie, 309 Cockshutt Road)

In the matter of an application received from Ken Ritchie, owner of land described as Range 2, EMP, Part Lots 7 & 8, County of Brant, in the geographic Township of Brantford, and located at 309 Cockshutt Road, to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to special exception Agricultural to provide relief from Section 4, Table 4.1 of the By-law, specifically permitting:

•A total area of 352m² for all accessory structures, whereas a gross floor area of 75% of the dwelling is permitted, currently being 292.5m²;

•One (1) accessory structure with an overall maximum height of 8.5 metres, whereas, 5 metres is permitted.

Dan Namisniak, Planner reviewed the application.

Agent/Owner/Applicant

No comment.

Members of the Public

None.

Committee Consideration

Moved by – Councillor Coleman
Seconded by – Councillor Bouma

That application ZBA32/17/DN, received from Ken Ritchie, owner of land described as Range 2, EMP, Part Lots 7 & 8, County of Brant, in the geographic Township of Brantford, and located at 309 Cockshutt Road, to amend Zoning By-law 61-16 to rezone the subject lands from Agricultural (A) to special exception Agricultural to provide relief from Section 4, Table 4.1 of the By-law, be approved, specifically permitting:

·         A total area of 352m² for all accessory structures, whereas a gross floor area of 75% of the dwelling is permitted, currently being 292.5m²;

·         One (1) accessory structure with an overall maximum height of 8.5 metres, whereas, 5 metres is permitted.

Carried

ZBA33/17/DN – Part Lot 10, Concession 3, geographic Township of Burford
(Hunter/Lehmann, 188 Golf Links Road)

In the matter of an application received from Brad Hunter, applicant, on behalf of Paul Lehmann, owner of lands described as Part Lot 10, Concession 3, County of Brant, in the geographic Township of Burford, and located at 188 Golf Links 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.

Agent/Owner/Applicant

Not present.

Members of the Public

None.

Committee Consideration

Moved by – Councillor Wheat
Seconded by – Councillor Bouma

That application ZBA33/17/DN, received from Brad Hunter, applicant, on behalf of Paul Lehmann, owner of lands described as Part Lot 10, Concession 3, County of Brant, in the geographic Township of Burford, and located at 188 Golf Links 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 Peirce
Seconded by – Councillor Gatward

That the following items be received as information:

1.            Brant Heritage Committee Minutes of October 5, 2017

Carried

Brant Heritage Committee Report and Minutes of November 2, 2017

Moved by – Councillor Peirce
Seconded by – Councillor Wheat

That the following recommendations of the Brant Heritage Committee be received, and forwarded to Council for its consideration:

1.         That the County of Brant enter into a partnership with the Royal Canadian Legion Branch 29 (Paris) to enable the County of Brant to write tax receipts for donations received from the public, hold funds in trust on behalf of the Legion, participate in public meetings and purchase a monument for the Paris Cenotaph project to include the names on the cenotaph of World War 1 and World War 2 soldiers from Paris who were killed.

2.         That for Plan of Subdivision applications, the developer be requested to grant access to the County of Brant Heritage Committee to enter, photograph, and preserve the history of the property and any structures thereon prior to alteration or demolition.

Carried

PA-17-56 - Representation for Olszowka Pit Ontario Municipal Board Appeal

In response to a question, Ruchika Angrish, Senior Planner, responded that the Planning Solicitor recommends that an external Planner be hired to defend any position Council may take on the matter as it progresses through the processes of the Ontario Municipal Board.

Moved by – Councillor Simons
Seconded by – Councillor Coleman

That the Planning Solicitor be directed to engage in a search for a planning consultant to represent the County of Brant in the Ontario Municipal Board process for the appeal of applications ZBA24/12/RA & OPA/F12/RA (Olszowka Pit) to support the Planning Advisory Committee’s recommendation of denial to Council;

That in the event that the search is successful, the Planning Solicitor attend the Ontario Municipal Board hearing and defend Council’s position with land-use planning evidence;

And that in the event that the search is unsuccessful, the Planning Solicitor be directed to report back to Council.

Carried

PA-17-57 - Site Plan Control Application – SP6-17 – 142 Dundas Street East

Ryan Cummins, Planner, reviewed the application and provided the technical details. He explained that staff considers all major technical matters to have been addressed, but that building elevations and urban design strategy are not appropriate for the location, which is considered to be the busiest intersection in the County. As such, staff has initiated the “bump up” procedure to have Council make a decision on the site plan application.

Moved by – Councillor Coleman
Seconded by – Councillor Simons

That the applicant, or an agent representing the applicant be permitted to address the Committee.

Carried

Nelson Amaral – Counsel for the Applicant

N. Amaral noted that representatives from Lanca Contracting, and the consultant engineer were in attendance to address any technical matters. He explained that the application was submitted in April, and that the main issue that remains unresolved focuses on the aesthetics of the building, which are subjective considerations. He displayed photos of the surrounding area, noting the commercial and aged nature of the area. He expressed concern that the urban design peer review memo was not circulated until a day before the meeting, and the example used in the memo is from an auto body shop in Indiana located in a mixed use area. He indicated that the materials that are requested to be used would tremendously increase the cost of the building, and that the building as proposed by the applicant would not be out of character with the surrounding area. He requested that the application be approved as submitted by the applicant.

Committee Consideration

Rob Trotter, Director of Planning, clarified that a complete application was received on June 2, 2017. Committee discussed the merits of the proposal, noting that improvements could be made.

Moved by – Councillor Wheat
Seconded by – Councillor Bouma

That Site Plan Application SP6-17, being an application under Section 41 of the Planning Act to enter into a site plan agreement with 2452751 Ontario Inc., lands described as Part of Curtis Grant in the Augustus Jones Tract, as in A498232, County of Brant, in the geographic Town of Paris, and located at 142 Dundas Street East, be refused.

Recorded Vote

                                                                                                Mayor Eddy                      No

                                                                                                Councillor Wheat              Yes            Councillor Bouma                                                                                                Yes

                                                                                                Councillor Simons             Yes

                                                                                                Councillor Cardy               Absent

                                                                                                Councillor Powell              Yes

                                                                                                Councillor Peirce              No

                                                                                                Councillor Chambers        Yes

                                                                                                Councillor Miller                No

                                                                                                Councillor Coleman          No

                                                                                                Councillor Gatward           No

Tie Vote - Defeated (5 yes / 5 no)

Moved by – Councillor Peirce
Seconded by – Mayor Eddy

That Site Plan Application SP6-17, being an application under Section 41 of the Planning Act to enter into a site plan agreement with 2452751 Ontario Inc., lands described as Part of Curtis Grant in the Augustus Jones Tract, as in A498232, County of Brant, in the geographic Town of Paris, and located at 142 Dundas Street East, be referred back to staff to discuss further refinements with the applicant, and refer the results of the those discussions back to the Planning Advisory Committee.

Carried

General Manager’s Update

Mark Pomponi, General Manager of Development Services, updated Committee on the following:

·         The two new positions in the Development Engineering Review Division have been filled, with the successful candidates slated to start in November;

·         Building permit activity has been steady, and that staff is investigating the potential of additional staff for either inspection services, or plans review;

·         A model home permit for the Arlington Meadows subdivision has been approved. Concern was expressed that a model home may be being built in southwest Paris without approvals.

In response to a question, he responded that it is a focus to have the new road connecting the Grandville subdivision to King Edward Street completed as soon as possible.

In Camera

Moved by – Councillor Coleman
Seconded by – Councillor Bouma

That the Planning Advisory Committee convene In Camera to discuss a Potential Litigation Matter / Advice that is Subject to Solicitor/Client Privilege (Update Re: Release of Securities.)

Carried

Committee convened In Camera at 9:02 p.m. to discuss a Potential Litigation Matter / Advice that is Subject to Solicitor/Client Privilege. This portion of the meeting is recorded in the Planning Advisory Committee Confidential – In Camera session of November 7, 2017. Committee reconvened in Open Session at 9:23 p.m. on a motion of Councillors Coleman and Bouma.

Next Meeting and Adjournment

The Committee adjourned at 9:25 p.m. to meet again on Tuesday, December 5, 2017, 7:00 p.m. in County of Brant Council Chambers.

                                                                                    __________________________________

                                                                                    Secretary