Corporation of the Town of Bradford West Gwillimbury

Transcription

1 Corporation of the Town of Bradford West Gwillimbury Special Meeting 2002/32 MINUTES August 20, 2002 PUBLIC MEETING UNDER THE PLANNING ACT REVISED STATUTES OF ONTARIO 1990, CHAPTER P.13 TO DISCUSS A PROPOSED AMENDMENT TO THE MUNICIPALITY'S RESTRICTED AREA ZONING BY-LAW RE: TIME: LOCATION: Members Present: Members Absent: Staff Present: Others: Planning Department File: Z :00 p.m. Council Chambers, Court House Building, 57 Holland Street East, Bradford, ON L3Z 2A8 Mayor Frank Jonkman Deputy Mayor Dennis Roughley Councillor Brian Bonany Councillor Jim Corneau Councillor Del Crake Councillor Peter Dykie Councillor John Gorzo Councillor Gary Lamb Councillor Marty Toombs - with regrets Juanita Dempster-Evans, Clerk-Administrator Art Janse, Chief Building Official Patricia Nash, Deputy Clerk Rich Vandezande, Associate Planner Nick Warman, Manager of Recreation Miriam King, Bradford West Gwillimbury Times Bey Husika, EGA Consultants Ralph Williams and others Moved by: G. Lamb Seconded by: P. Dykie That this special meeting of Council being held pursuant to the Planning Act come to order at 8:25 p.m., to consider a proposed proposed amendment to the Zoning By-law of the former Township of West Gwillimbury in respect of certain lands located in Part of Lot 17, Concession 6 and municipally known a. CARRIED. INTRODUCTION: PURPOSE OF THE MEETING Mayor Jonkman welcomed those present to this Special Meeting of Council and advised that this was the statutory public meeting held pursuant to Section 34(12) of the Planning Act, R.S.O to discuss a proposed change to the Zoning By-law of the Township of West Gwillimbury.

2 Planning Department File: Z Page 2 The lands affected by the proposed zoning by-law are located on the south side of County Road 88 east of the interchange with Highway 400. The property is zoned Highway Commercial (C2) according to Zoning By-law 79B25, as amended. The purpose of the by-law is to change the current zoning of the property to permit a convenience commercial retail use. The effect of the by-law would be to permit the expansion of a legal non-conforming convenience commercial use on the property. EXPLANATION OF MEETING PROCEDURE The Mayor explained that the procedure for the meeting would be that the Clerk - Administrator would outline the method by which notice of the public meeting was given and confirm that proper notice was provided in accordance with the legislation. The Clerk - Administrator would present any written responses to the publication and circulation of notice of the proposed amendment. The Town Planner would then explain the details of the proposed amendment. The meeting would then be opened to the public to hear comments in support, or in opposition to the proposal. The applicant or his representative would then speak, and final questions or comments would then follow. The proposed amendments would then be referred to Town staff for the preparation of a report to Committee of the Whole after all the issues are resolved. The Mayor noted that persons requesting formal notice of Council s decision on the proposed amendment must provide their full name and mailing address to the Clerk - Administrator. CONFIRMATION OF NOTICE REQUIREMENTS Mayor Jonkman then called upon the Clerk-Administrator to provide confirmation of notice requirements. Juanita Dempster-Evans, Clerk-Administrator reported that Notice of the public meeting was mailed to property owners and public bodies prescribed by regulation under the Planning Act on July 26, 2002 and published in the BWG Times on July 27, CIRCULATORY COMMENTS The Clerk-Administrator reported that the proposal was circulated to municipal departments, commenting agencies and notification of the public meeting resulted in a total of thirteen (13) responses. The following is a summary of the comments received. Internal Circulation Chief Building Official - No concerns. Fire Prevention Officer - No concerns provided all applicable codes are adhered to. Consulting Town Engineer - No concerns. Treasurer - Taxes are paid and there are no outstanding invoices. Superintendent of Public Works - The property is on County Road 88 and not under Town jurisdiction.

3 Planning Department File: Z Page 3 Clerk-Administrator - 1. Water Allocation - As a precautionary measure you need to have the Engineering Department confirm the following: a) Did Husky Oil enter into an Agreement with the former PUC to service this use on the Municipal Water system? If yes, what are the terms of the Agreement? b) How many units of water will the newly expanded use require? 2. Waste Disposal Am I correct in assuming the owner already has on-site commercial/industrial waste bins, and makes his own arrangement for removal of the waste? The site plan agreement should reflect this as a condition of Site Plan Approval. 3. The Town is interested in trying to locate land along the 400 on which we could place a Corporate sign. The preferred location is in the vicinity of 400 and 88 which just happens to be where the Husky Oil site is located. 4. Any and all new parking spaces should be required to be asphalt. No further Gravel parking areas should be permitted. Handicapped Parking spaces are also a requirement. Town Engineer - It is understood that the current two inch (2") water service is sufficient to satisfy Husky's current and future needs of an expanded facility. In addition, it was understood that Husky would require a separate water line for fire fighting purposes only. The location, size, connection requirements and costing of the line would be subject to further reviews. In addition, our records indicate that Husky's peak summer time taking is in the 3 neighbourhood of 20 m /day. In addition, past records indicate that the normal 3 consumption pattern is in the neighbourhood of m /day. This consumption restriction will be placed in the Site Plan Agreement and would only be in force until the water connection from Alliston is constructed and placed in service, currently tentatively scheduled for late 2003 to mid Should you exceed this limit in the time frame, that month's consumption will be subject to a 100% surcharge for all the monthly takings over the limit. External Circulation Lake Simcoe Region Conservation Authority - No objection The applicant should be advised that a portion of the subject property contains a watercourse and is within the Regional Flood Plain and that the entire property is fill regulated. Therefore, a permit will be required from the Lake Simcoe Region Conservation Authority prior to any works being undertaken on this property.

4 Planning Department File: Z Page 4 Also, it is Authority policy to require that watercourses be maintained in their natural state and that appropriate buffers be established adjacent to the watercourse (i.e. 15 meters for warm water and 30 meters for cold water streams). These requirements must be incorporated into the proposed Site Plan. As part of the Site Plan approval process the applicant will be required to submit a detailed Stormwater Management report to address stormwater quality and quantity and an erosion and sediment control plan detailing the measures that will be implemented before, during, and after construction to minimize soil erosion and sedimentation. Enbridge Consumers Gas - No comments or concerns. County of Simcoe - A Traffic Impact Study is required to identify the impact of the proposed development expansion on County Road 88. The completion and implementation of the Traffic Impact Study, to the satisfaction of the County Engineer would address these concerns. Completion of the study may require the applicant to enter into financial agreements with the County in the event road improvements are required to be undertaken. Simcoe County District School Board - No objection. Ministry of Transportation - Typically commercial development adjacent to ministry highways require site plan/plan of subdivision, stormwater management reports and traffic impact studies as a minimum. Any ministry permits would be conditional on approval of these submissions and any other specific ministry requirements. The owner should be aware that entrance, building/land use and sign permits are required from the Ministry of Transportation before any grading/construction commences. Please advise the owner to contact Mr. Phil Gignac, Corridor Management Officer at the MTO Owen Sound Operations Office to discuss MTO's permit requirements and obtain the necessary applications. MTO would appreciate being notified should this amendment obtain approval from council. Community Notification In response to the publication of the Notice of Public Meeting, no written submissions were received from the public. PUBLIC PARTICIPATION Mayor Jonkman asked Rich Vandezande, Associate Planner, to confirm and explain to the public the Planning Act notice requirements. Mr. Vandezande: - provided an agenda package which includes the comments from the various departments and agencies on the proposal, a copy of the notice of the public meeting, proposed amendment and map schedule showing the location of the property; - As mentioned by the Mayor, the purpose of tonight's meeting is to explain a proposed Zoning By-law amendment application to recognize and allow for the expansion of an existing convenience commercial retail use on the property; - A public meeting is required by Section 34(12) of the Planning Act for the application;

5 Planning Department File: Z Page 5 Mr. Vandezande - cont d. - We are circulating an attendance roster and we would ask that you sign the roster and indicate whether you would like to receive further notice of the approval of the proposed Zoning By-law Amendment; - There will be no decision made tonight - the purpose of this meeting is to share information, ask questions and provide for public input; - The lands affected by the proposed amendment are located on the south side of County Road 88, east of the interchange with Highway 400. The lands are located in, former Township of West Gwillimbury and are municipally known as ; - The existing Official Plan designation of the property is "Highway 400 County Road 88 Interchange Special Policy Area". This designation would permit a wide variety of tourist and highway traveler commercial uses; - The existing zoning in By-law 79B25, as amended, the former Township of West Gwillimbury's comprehensive zoning by-law is Highway Commercial (C2). The current zoning would permit a variety of highway commercial uses, however the zoning does not permit convenience commercial retail uses; - As identified in the agenda package, the applicants have requested that Council and the public consider a zoning change to recognize a convenience commercial retail use on the property and permit its proposed expansion. The proposed convenience store would be expanded from 93 square metres (1000 square feet) to 295 square metres (3175 square feet). The location of the proposed addition is identified on the concept plan. Mayor Jonkman then indicated that the meeting was open for input from the public. They Mayor asked if there were any persons present who wished to speak in support of the application. There was one response. Mr. Bey Husika, EGA Consultants 1595 Clark Blvd, Brampton, L6T 4V1 - consultant for the applicant was in attendance to answer questions of Council. Mayor Jonkman asked if there were any persons present who wished to speak in opposition of the proposed application. There was one response. Mr. Ralph Williams 3423 County Road 88, R. R. # 1, Bradford, ON L3Z 2A4 - owner of property adjacent to subject property; - no objection with development, however has concerns with lagoon system; - he would be happy if it was upgraded. Mr. Bey Husika, EGA Consultants -responded that improved irrigation and lagoon systems are needed and the applicant will comply with requirements. Mayor Jonkman thanked those present for attending the meeting and showing an interest in the matter.

6 Planning Department File: Z Page Moved by: P. Dykie Seconded by: G. Lamb That this special meeting of Council being held pursuant to the Planning Act close at 8:40 p.m. CARRIED. th CONFIRMED IN OPEN SESSION THIS 10 DAY OF FEBRUARY, Juanita Dempster-Evans Clerk-Administrator Frank Jonkman Mayor F:\Nash\MINUTES\2002 MINUTES\ spcmtg