MINUTES OF THE TOWN OF GREATER NAPANEE COMMITTEE OF ADJUSTMENT MEETING HELD ON NOVEMBER 12TH, 2002

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1 MINUTES OF THE TOWN OF GREATER NAPANEE COMMITTEE OF ADJUSTMENT MEETING HELD ON NOVEMBER 12TH, 2002 PRESENT: All members of Council with the exception of Ward 1 repres Deputy Mayor Mills with Mayor David Remington in the Chair. and DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest and the general nature thereof. AGENDA RESOLUTION # PI 02/02: Veltheer & Cole That the Agenda be approved as presented. MINUTES RESOLUTION # PI 03/02: Cole & Veltheer That the minutes from Committee of Adjustment Meeting held on October 28, 2002 be approved as presented. MINOR VARIANCE APPLICATIONS M.V. Application # 02-19, Ontario Limited, Richmond Trailer Park, Part of Lot 21, Concession 3. Ward IV RESOLUTION # PI 04/02: Hodson & Cole That Minor Variance application # M.V to reduce the exterior side yard from the required six (6) metres or feet to 4.5 metres or feet to permit a mobile home to be located on a corner lot be approved as submitted. M. V. Application # 02-20, Ernest & Lorna Toth, 1126 Little Creek Street Lot 24, Concession 5, Ward II RESOLUTION # PI 05/02: Hodson & Veltheer That Minor Variance application # to permit an expansion to an accessory building used for a Home Occupation from 60 metres square or square feet to 84 metres square or 904 square feet be approved as submitted. LAND SEVERANCEICONSENT APPLICATIONS L. S. Application # 02-29, Barton MacLean, 7836 Ctv Rd. 2 Part of Lot 23, Concession 6, Ward I1 RESOLUTION # PI 06/02: Cole & Veltheer That Land Consent application # L. S to sever a lot be approved as submitted with the following conditions:

2 c). e). That the above application shall be deemed to be refused if all conditions have not been satisfied and a document (deed) presented to the Committee for That the applicant provide legal access to the severed lot by a registered right-ofway across the retained parcel or by obtaining an entrance permit from the governing body for access to the severed lot. That the taxes be paid in full. The applicant be notified of the fill requirements outlined by the Health Unit. That a well be established and pump tested to confirm there is a sufficient quantity of potable water available which meets health and aesthetic parameters of the Ministry of Environment's Drinking Water Objectives. L. S. Application # 02-30, Bradley Youmans, Bridqe Street West, Plan 30, Part Lots 36 & 37, Ward V RESOLUTION # PI 07102: Veltheer & Cole That Land Consent application # L.S , for a lot addition of 15 feet of frontage, a depth of 72 feet and area of 1,080 square feet, to be added to the property presently owned by Michael Thorne, to be used as a residential driveway be approved as submitted with the following conditions: That the above application shall be deemed to be refused if all conditions have not been satisfied and a document (deed) presented to the Committee for That the taxes be paid in full. c). That the parcel be added to property identified as Roll Number presently owned by Michael Thorne and Blanche Thorne. That Section 50 (3) and 50 (5) apply to subsequent conveyances of or transactions involving the identical parcels. L. S. Application # 02-31, Marie Thompson, Third Concession Road, Ward I RESOLUTION # PI 08102: Veltheer & Sonneveld That Land Consent application # 02-31' to sever off a parcel of land as a lot addition, this parcel has an existing old school house on it and has a lot frontage of 68 feet and an overall depth of approximately 166 feet be approved as submitted with the following conditions:

3 That the above noted severance shall be deemed to be refused if all conditions have not been satisfied and a document (deed) presented to the Committee for That the taxes be paid in full c). That the parcel is to be added to property identified as Roll Number , presently owned by Wilfred Mack & Judith Mack. That Section 50 (3) and 50 (5) apply to subsequent conveyances of or transactions involving the identical parcels. REZONING APPLICATIONS R. Z. Application # Ontario Limited (Loblaws Properties Ltd.), 375 Centre Street N., Part of Lots 21 & 22, Concession 2, Ward V John Uliana, the Town's Planning Consultant from Cumming Cockburn Ltd., gave an overview of the application and reviewed his amended planning report that was provided at the beginning of the meeting to all members of the Committee. Mr. Uliana also noted that the buildings footprint should be amended as per the Draft By-law to 4366 square metres. The application is consistent with the neighbouring land uses, provincial policy statements and the Town's Official Plan. Based on the size of the development, the Official Plan does not require the submission of an Market Impact Study for peer review and the applicant has chosen not to provide one. Mr. Uliana also noted that his revised report changes his recommendation number 6 to grant approval to the application but place a holding symbol on the lands until such time as all traffic and site plan concerns can be settled to the satisfaction of the Town and County's engineering consulting firms. Members of the Public to speak for the application; Greg Priamo Planning Consultant for Loblaws. Mr. Priamo spoke to the fact that the application would be providing for a 30,000 square foot No Frills to be constructed within Greater Napanee to replace the existing downtown store of only 7,500 square feet which is not large enough to meet the retail demands in the grocery environment as it exists today. Mr. Preamou was in agreement with the Town's planning consultant in his analysis of the application and that Loblaws is willing to accept the conditions as stated and will provide all information required for site plan approval.

4 COMMITTEE OF ADJUSTMENT - November Paae 4 Members of the Public to speak against the application; Rob Smart, Legal Representation of ECL (Research) Napanee Mall. Mr. Smart stated that his clients feel that the situation of having two large grocery establishments is not viable in such a small market. His clients are not interested in trying to get another grocery store establishment within the mall but is very concerned that more urban blight in the downtown core will be created with the construction of this new store on Industrial Blvd. Over the past few years property values in the downtown core have decreased by 50% which makes it very hard for the Mall to keep rents at a reasonable value in order to compete with the declining rates in the downtown core. Mr. Smart also suggested that the construction of a new No Frills will not bring more people to town so the town can concentrate on developing appropriate types of business for the community. Rick Pennycooke, Planning Consultant from Lakeshore Group - Representina the A&P. Mr. Penny Cooke suggested that when A & P established their store they were not required to provide a Market lmpact Study either, but submitted one to prove that no urban blight would be created by the construction of their new store. Mr. Pennycooke suggested that Council needs to explore further how the loss of the No Frills store in the downtown will effect the future success of the downtown and this could not be done without a Market lmpact Study. The firm he represents would ask Council to defer any decision until all the outstanding issues can be addressed and a Market lmpact Study could be provided. RESOLUTION # PI 09102: Veltheer & Cole That the application be approved subject to all the conditions in Mr. Uliana's report, including the implementation of the holding symbol. R. Z. Application # 02-10, Earl McCutcheon, Part of Lot 21, West side of Countv Road No. 41. Ward IV RESOLUTION # PI 10102: Hodson & Veltheer That R. Z. application # 02-10, to reduce the lot frontage requirement from 45 metres or 148 feet to 9.0 metres or 29.5 feet, so as to provide the principle entrance to the parcel of land to construct his new home with the frontage being on County Road No. 41 be approved as submitted.

5 COMMITTEE OF ADJUSTMENT - November 12,2002 Page 5 Adiournment RESOLUTION # PI 11/02: Cole & Veltheer That the meeting does now adjourn. Respectfully submitted,