THE CORPORATION OF NORFOLK COUNTY PUBLIC MEETING TUESDAY, JULY 15, 2008

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1 THE CORPORATION OF NORFOLK COUNTY PUBLIC MEETING TUESDAY, JULY 15, 2008 The following are the minutes of the Public Meeting held on, at 5:10 p.m. in the Council Chambers, County Administration Building, 50 Colborne Street South, Simcoe, Ontario. MEMBERS PRESENT: Mayor Dennis Travale Councillor Michael Columbus Councillor Roger Geysens Councillor John Hunt Councillor C.H. Luke Councillor James Oliver Councillor Harold Sonnenberg Councillor Heidy Van Dyk MEMBER ABSENT: Councillor John Wells ALSO PRESENT: Bill Allcock, County Manager Beverley Wood, Clerk/Manager of Council Services Cathy Balcomb, Deputy Clerk/Licensing Coordinator Bill Hett, General Manager, Community Services Frank Gelinas, General Manager, Corporate Services Patti Moore, General Manager, Health & Social Services Kandy Webb, General Manager, Human Resources & Staff Development Chris Baird, General Manager, Planning & Economic Development Services Eric D'Hondt, General Manager, Public Works & Environmental Services Mary Elder, Planner Jim McIntosh, Manager of Community Planning Scott Peck, Planner 1. OFFICIAL OPENING OF THE PUBLIC MEETING Mayor Dennis Travale officially opened the Public Meeting. He advised Council and the Public in attendance that this meeting is being constituted as a Public Meeting, being held under the Drainage Act and the Planning Act for the purpose of hearing Drainage Applications, Zoning Amendment, Official Plan Amendment and Subdivision proposals and affording any person in attendance the opportunity to make presentations to Council. Page 1 of 13

2 Mayor Travale further outlined the procedures to be followed during the Public Meeting. Mayor Travale advised that the Ontario Municipal Board has the power under the Planning Act to dismiss an appeal to Zoning By- Law Amendments and Official Plan Amendments if the appellant does not make oral submission at the Public Meeting or does not make written submissions to Council before the Zoning By-Law is passed or the Official Plan Amendment is adopted. 2. DISCLOSURE OF A PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None were reported. 3. ENVIRONMENTAL ASSESSMENT A) Staff Report P.W Simcoe Water Pollution Control Plant Municipal Class Environmental Assessment (15,400 Cubic Meters) Consultant: R.V. Anderson Associates Ltd. Mr. Bob Evans, R.V. Anderson Associates Ltd., gave a powerpoint presentation outlining the options, the plan, and advantages and disadvantages of the existing facility contained in the Municipal Class Environmental Assessment for the Simcoe Water Pollution Control Plant. Manager of Engineering, John Hamilton, presented the report and answered any questions of Council. wishing to speak regarding the Environmental Assessment. There was no one in attendance who wished to speak regarding the Municipal Class Environmental Assessment for the Simcoe Water Pollution Control Plant. 4. PLANNING APPLICATIONS A) Application to amend the Norfolk County Official Plan, the Township of Delhi Official Plan, and the Township of Delhi Zoning By-Law 1-DE 80 affecting the lands described as Part Lot 10, Concession A, Geographic Township of Charlotteville, also described as Part 1 RP 37R-8313, Norfolk County to permit a winery, restaurant, banquet facilities, overnight accommodation, office and eco-tour business consisting of trails, canopy tour and zip lines on the subject lands. Applicant: Michael McArthur and Dave Pond Agent: G. Douglas Vallee Limited (File No. ZN-004/2008 and OPN-001/2008 Report No. P.E.D ) Page 2 of 13

3 Mr. Michael McArthur and Mr. Dave Pond, the Applicants, were in attendance to provide information and respond to questions of Council regarding this application. Mr. Scott Peck, the Planner, Community Planning Services amend the Norfolk County Official Plan, the Township of Delhi Official Plan, and the Township of Delhi Zoning By-Law 1-DE 80 affecting the lands described as Part Lot 10, Concession A, Geographic Township of Charlotteville, also described as Part 1 RP 37R-8313, Norfolk County to permit a winery, restaurant, banquet facilities, overnight accommodation, office and eco-tour business consisting of trails, canopy tour and zip lines on the subject lands. The proposal as submitted is not an agricultural use and does not comply with the requirements of Section of the Provincial Policy Statement. The development as proposed in the application is also of a scale that cannot be supported outside of an Urban area or to a lesser degree a Hamlet area. The application can be justified at a reduced scale by excluding the subject lands from the prime agricultural lands area as outlined under Section of the Provincial Policy Statement. The land is lower priority agricultural lands, the land is fragmented agricultural land with a total area of 6.07 hectares (15 acres) workable land being removed from the prime agricultural lands designation, this site represents the best alternative for the type of development proposed. Staff believe that the proposal at a reduced scale can be accommodated on the subject lands and comply with policy. The recommendations for a reduced scale were done in an effort to minimize impacts on adjacent agricultural uses and the scale of the development as proposed by staff serves to reduce the amount of water and sanitary sewage services required to permit the proposed development. Site plan control and to a lesser degree the zoning by-law can be utilized to incorporate the findings and recommendation of the completed environmental impact study. Several letters were received regarding the proposal from Michael Sheets, Eden NY, Ducks Unlimited, Kingston, Tee Pee Farms, Turkey Point, Erroll and Mireille Braun, St. Williams, and Bud & Jackie Frees, Dunnville. Following the presentation of the report, Mr. Peck answered application be approved with some modifications and that the subject lands be placed under site plan control for reasons set out in P.E.D. Report Page 3 of 13

4 Mr. David Pond, the Applicant, outlined the proposal with a powerpoint presentation showing the location of the winery with restaurant and accommodation, and the views of Long Point Bay from the property. He explained the Eco Advantage tour portion of the project with the zip lines, boardwalks, suspended bridges and guided tours. wishing to speak in support of this application. Mr. Richard Gilbert, Lyndoch, advised that he operates a bed and breakfast and feels that this project will be an excellent tourist destination for Norfolk County. wishing to speak in opposition of this application. Ms. Mireille Braun advised that she is concerned about the water usage and possible effect this development will have on the water table. Ms. Sandra Sherman, Tee Pee Farms Ltd., advised Council that she feels there will be constant conflicts and noise and safety issues caused by the hunting. Mr. McArthur advised that they are aware that they will have to drill 300 feet or more for water to meet the Ministry of Environment requirements to have no impact on the neighbours. He stated that there will not be public access to the facility and there will be restricted areas and times. B) Application to amend the Norfolk County Official Plan, the Township of Delhi Official Plan and the Township of Delhi Zoning By-Law 1-DE 80 affecting the lands described as Part Lots 44 & 46, Concession 1 NTR, Geographic Township of Middleton, Norfolk County to designate a parcel of land from "Agriculture" to "Urban Residential" and from "Urban Residential" to "Agriculture". Applicant: W-W Airview Farms Limited & Arvane Farms Ltd. Agent: Thomas A. Cline (File No. OPN-003/2008 and ZN-026/2008 Report No. P.E.D ) Mr. Thomas Cline, the Agent, was in attendance to provide information and respond to questions of Council regarding this application. Mr. Scott Peck, the Planner, Community Planning Services Page 4 of 13

5 amend the Norfolk County Official Plan, the Township of Delhi Official Plan and the Township of Delhi Zoning By-Law 1-DE 80 affecting the lands described as Part Lots 44 & 46, Concession 1 NTR, Geographic Township of Middleton, Norfolk County to designate a parcel of land from "Agriculture" to "Urban Residential" and from "Urban Residential" to "Agriculture". Planning Staff support the proposed Official Plan Amendment and Zoning By-law Amendment and recommend they be approved. The amendments will reconfigure the urban boundary of Delhi to encourage more efficient use and servicing of the subject lands. The amendments maintain the same proportion of land in Agricultural and Urban Residential designations, and are consistent with the 2005 PPS. Following the presentation of the report, Mr. Peck answered application be approved for reasons set out in P.E.D. Report No wishing to speak in support of or opposition to this application. C) Application to amend the Township of Norfolk Zoning By-Law 1-NO 85 affecting the lands described as Part Lot 1, Block 4, Plan 16B, Urban Area of Port Rowan, Norfolk County to permit the development of a single detached dwelling on the subject lands without being connected to municipal sanitary sewer services. Applicant: James Janse Agent: Thomas A. Cline (File No. ZN-036/2008 Report No. P.E.D ) Mr. Thomas Cline, the Agent, was in attendance to provide information and respond to questions of Council regarding this application. Mr. Scott Peck, the Planner, Community Planning Services amend the Township of Norfolk Zoning By-Law 1-NO 85 affecting the lands described as Part Lot 1, Block 4, Plan 16B, Urban Area of Port Rowan, Norfolk County to permit the development of a single detached dwelling on the subject lands without being connected to municipal sanitary sewer services. This proposed Zoning By-law amendment does not conform to the intent or policies of the Township of Norfolk Official Plan and as such planning staff are recommending its refusal. Page 5 of 13

6 Following the presentation of the report, Mr. Peck answered application be refused for reasons set out in P.E.D. Report No Mr. Thomas Cline, the Agent, advised Council that requiring the hook up to municipal sewer was impractical as any future residential development in this area of Port Rowan was remote. Mr. Cline provided Council with additional information and policies from the Official Plan, private service providers, and Ontario Building Code reports indicating that there was no rational reason why this property should not be permitted on partial services. wishing to speak in support of this application. Mr. Ted Whitworth, 4 Dedrick Road, advised Council of the various properties in the area, all of which are on private septic systems. He also stated that the chances for development in this area is remote. wishing to speak in opposition of this application. D) Application to amend the Township of Delhi Zoning By-Law 1-DE 80 affecting the lands described as Part Lot 24, Concession 9, Geographic Township of Windham, also described as Part 1 37R- 8879, Norfolk County to recognize the existing building located on the subject lands as a single detached dwelling and permit the use of a portion of the existing building as a retreat centre. Applicant: Peter & Cindy Swanson (File No. ZN-037/2008 Report No. P.E.D ) Mr. Peter Swanson, the Applicant, was in attendance to provide information and respond to questions of Council regarding this application. Mr. Scott Peck, the Planner, Community Planning Services amend the Township of Delhi Zoning By-Law 1-DE 80 affecting the lands described as Part Lot 24, Concession 9, Geographic Township of Windham, also described as Part 1 37R-8879, Norfolk County to recognize the existing building located on the subject lands as a single detached dwelling and permit the use of a portion of the existing building as a retreat centre. Page 6 of 13

7 The application to rezone the subject lands and permit the existing single detached residential dwelling and detached garage, with an accessory use as a "retreat centre", conforms to the Township of Delhi Official Plan and Norfolk County Official Plan. Several letters were circulated with the agenda package and at the Public Meeting from Jeff Handsoeme, LaSalette, Mr. & Mrs. Rozendaal, Richard & Sherri Schira Ladoz, Gary & Joan Carpenter, Alfred Moyrasant, Edward Steoent, Randy Kicksee, Julie Zahrybelny, Christina Kwasniak, Pat Kwasniak, Kees & Jenie DeKowing, Wilfred Leonard, Jack & Louise Garnett, Randy Wark, Cindy Mels, Bernie Byer, Kelly & Dean Saltzberry, Ernie Gero, T.A. Humberstone, George & Pam Hanuter, George & Loriann DaSilva, A. Haskett, and Irma & Jerry Dadurka. Following the presentation of the report, Mr. Peck answered application be approved for reasons set out in P.E.D. Report No Mrs. Cindy Swanson, the Applicant, gave Council the background on their reasons for wanting to provide this kind of service. Mr. Peter Swanson, the Applicant, stated that their purpose in this project is to help people and provide a much needed service to the Community. He stated that the proposal would be geared to youth between 16 and 25 years, who have completed a treatment program, but need additional assistance, with up to 9 residents at any one time. He indicated it would have structured programs with 24 hour supervision. wishing to speak in support of this application. Mr. Len Paulette, Supervisor with Holmes House in Simcoe, advised Council of his own experiences and beliefs on the need for this type of facility. He stated that Holmes House has a long waiting list and for those who come for the treatment program they could then be referred to this retreat to complete their recovery. wishing to speak in opposition of this application. Ms. Pat Kwasniak and Ms. Christina Kwasniak, Windham Road 10, abutting property owners, advised that the proposed use is not compatible with the surrounding community which is geared to farming. Concerns were raised regarding how the area would be regulated and what kind of security to the neighbours would be provided with to ensure the safety of their properties. Page 7 of 13

8 Mr. Bernie Byer stated that this is an institutional use and should be licensed by the Province. Mr. Joe Vandenheede, property owner to the north, stated that he is concerned that this location could impact his property in the future with the minimum distance separation setbacks. He also stated he is concerned with trespassing issues and liability issues around the irrigation pond. He indicated that the ideal building site would be at the centre of the property where it would buffered from all of the neighbours. Mr. Vandenheede questioned whether the existing building could be brought up to Building Code standards for that number of residents. He advised that he is supportive of what the Swanson's are trying to do, but is concerned with the location. Ms. Sherry Sherladose stated that she is concerned that the plan is not well enough developed yet. Mr. Mike Campbell questioned how you can monitor 48 acres of land when you can't be with everyone all the time. He stated there are still a lot of unanswered questions. Ms. Kelly Saltzberry stated that although she believes this is a great idea, she is concerned that there are a number of bush lots in the area that have dangerous ravines and irrigation ponds in them. E) Application to amend the Township of Norfolk Zoning By-Law 1-NO 85 affecting the lands described as Part Lot 18, Concession ENR, Geographic Township of Hougton, also described as Part 1 37R- 8940, Norfolk County to permit as a secondary use a marine engine repair facility with associated outdoor storage. Applicant: Robert Jones (File No. ZN-038/2008 Report No. P.E.D ) No one was in attendance to provide information and respond to questions of Council regarding this application. Mr. Scott Peck, the Planner, Community Planning Services amend the Township of Norfolk Zoning By-Law 1-NO 85 affecting the lands described as Part Lot 18, Concession ENR, Geographic Township of Hougton, also described as Part 1 37R-8940, Norfolk County to permit as a secondary use a marine engine repair facility with associated outdoor storage. The proposal complies with the requirements of the Provincial Policy Statement, Norfolk County Official Plan, and Township of Norfolk Official Plan. Page 8 of 13

9 Following the presentation of the report, Mr. Peck answered application be approved subject to site plan approval for reasons set out in P.E.D. Report No wishing to speak in support of or opposition to this application. F) Application to amend the Township of Norfolk Zoning By-Law 1-NO 85 affecting the lands described as Part Lot 12, Concession 12, Geographic Township of North Walsingham, Norfolk County to amend the zoning of the subject lands from "Agricultural" to "Hamlet Residential". Applicant: Gerard J. & Rosa Mary Demaiter (File No. ZN-043/2008 Report No. P.E.D ) Mr. Gerard Demaiter, the Applicant, was in attendance to provide information and respond to questions of Council regarding this application. Mr. Scott Peck, the Planner, Community Planning Services amend the Township of Norfolk Zoning By-Law 1-NO 85 affecting the lands described as Part Lot 12, Concession 12, Geographic Township of North Walsingham, Norfolk County to amend the zoning of the subject lands from "Agricultural" to "Hamlet Residential" to permit the severance of one lot within the Hamlet of Langton. The proposed zoning amendment complies with Official Plan policies respecting residential development within the Hamlet boundaries. Following the presentation of the report, Mr. Peck answered application be approved for reasons set out in P.E.D. Report No wishing to speak in support of or opposition to this application. Page 9 of 13

10 G) Application to amend the City of Nanticoke Zoning By-Law NW affecting the lands described as Part Lot 8, Concession 8, Waterford Urban Area also described as Part Lot 3, Block 39, RP 19B, Norfolk County to change the Neighbourhood Institutional (IN) to Urban Residential Type 4 (R4). Applicant: Ukrainian Catholic Church Agent: POW Peterman Consulting Engineers (File No. ZN-018/2008 Report No. P.E.D ) Mr. Thomas Cline, the Agent, was in attendance to provide information and respond to questions of Council regarding this application. Mr. Jim McIntosh, Manager of Community Planning Services amend the City of Nanticoke Zoning By-Law NW affecting the lands described as Part Lot 8, Concession 8, Waterford Urban Area also described as Part Lot 3, Block 39, RP 19B, Norfolk County to change the Neighbourhood Institutional (IN) to Urban Residential Type 4 (R4). Planning Staff support the concept of group townhouse development on the subject lands, however, a plan which meets the required setbacks, provides a wider private road of at least 7.3 metres with a sidewalk on one side, and more space between the parked cars and the travelled road would be more acceptable. The applicant has been informed of planning staff's concerns with the application but requires further time to address these concerns and provide a revised proposal. At such time as the application is approved, the subject lands should be placed under site plan control and a Holding (H) provision applied to the zoning to ensure staff has opportunity to review the detailed design and address issues such as storm water management, lot grading, drainage, servicing, landscaping and buffering. Several letters were received and circulated with the report from Lawrence Halyk, Gale Salter, Muriel Stetler, Eli Neamtu, David & Twila Mankis, and Renee & Greg Moses. Following the presentation of the report, Mr. McIntosh answered application be deferred for reasons set out in P.E.D. Report No wishing to speak in support of this application. Ms. Janet Kazakevicius, a local realtor, representing the Page 10 of 13

11 developer, advised that Norfolk County needs this type of affordable housing for seniors in Waterford. She stated there are a limited number of rental and apartment buildings in Waterford. wishing to speak in opposition of this application. Mr. Lawrence Halyk, stated that he is not against the development but is concerned with the density and small setbacks on the rear yards. He stated that this will take parking area away from the Church during their functions. Mr. Bruce Harding, also expressed concerns with the density of the development. He advised that there could be water and traffic problems in the area. He questioned where the garbage and snow storage areas would be. Mr. Don Biggs expressed concerns over the drainage problems now in the area as there are no storm sewers. Ms. Renee Moses also expressed concerns with drainage and advised that she has contacted the Public Works Department on various occasions due to the water covering the road. Mr. Gus Agostinelli advised that his concern is that the Church may decide to sell the property after it is developed and it will become a low income housing development. Mr. Cline responded to the concerns addressed by the residents. H) Application to amend the City of Nanticoke Zoning By-Law NW affecting the lands described as Part Lot 18, Concession 13, Geographic Township of Townsend, Norfolk County to prohibit the construction of a dwelling as a severance condition. Applicant: Robert Raymond Miller Agent: Thomas A. Cline (File No. ZN-044/2008 Report No. P.E.D ) Mr Thomas Cline, the Agent, was in attendance to provide information and respond to questions of Council regarding this application. Mr. Jim McIntosh, Manager of Community Planning Services amend the City of Nanticoke Zoning By-Law NW affecting the lands described as Part Lot 18, Concession 13, Geographic Township of Townsend, Norfolk County to prohibit the construction of a dwelling as a severance condition. Page 11 of 13

12 Planning Staff support this application as it meets the requirements of Sections c) of the Provincial Policy Statement and addresses the requirements of severance BN- 026/2008. Following the presentation of the report, Mr. McIntosh answered application be approved for reasons set out in P.E.D. Report No wishing to speak in support of or opposition to this application. I) Application to amend the Town of Simcoe Zoning By-Law affecting the lands described as Part Lot 6, Concession 13, Geographic Township of Windham, Norfolk County to prohibit the construction of a dwelling as a severance condition. Applicant: Iva, Louis and Nancy Kociuk Agent: Thomas A. Cline (File No. ZN-045/2008 Report No. P.E.D ) Mr. Thomas Cline, the Agent, and Mr. Louis Kociuk, the Applicant, were in attendance to provide information and respond to questions of Council regarding this application. Mr. Jim McIntosh, Manager of Community Planning Services amend the Town of Simcoe Zoning By-Law affecting the lands described as Part Lot 6, Concession 13, Geographic Township of Windham, Norfolk County to prohibit the construction of a dwelling as a severance condition. Planning Staff support this application as it meets the requirements of Section c) of the Provincial Policy Statement and addresses the requirements of severance BN Following the presentation of the report, Mr. McIntosh answered application be approved for reasons set out in P.E.D. Report No wishing to speak in support of or opposition to this application. Page 12 of 13

13 5. OFFICIAL CLOSING OF THE PUBLIC MEETING Mayor Dennis Travale officially closed the Public Meeting as there were no other persons or Council Members in attendance who wished to make representation or who had any questions regarding the Environmental Assessment for the Simcoe Water Pollution Control Plant or the proposed Official Plan Amendment or Zoning By-Law Amendment Applications. 6. ADJOURNMENT 10:14 p.m. Mayor Clerk/Manager of Council Services Page 13 of 13