PLANNING ADVISORY COMMITTEE MINUTES Date: Time: 7:25 PM Place: Brant County Council Chambers, 7 Broadway St. West, Paris Present: Regrets: Staff: Mayor Eddy, Councillors Schmitt, Simons, Powell, Chambers, Miller, Coleman and Gatward Councillors Wheat, Cardy and Atfield Emerson, Johnston, Pomponi, Stone, Davidson, Crozier and Boyd Councillor Schmitt in the Chair. APPROVAL OF AGENDA Moved by Councillor Miller Seconded by Councillor Powell That the Planning Advisory Committee agenda and addendum for July 20, 2011 be approved, with an addition under Other Business. MINUTES Moved by Councillor Chambers Seconded by Councillor Gatward That the Planning Advisory Committee minutes of June 15, 2011 be approved.
Planning Advisory Committee Minutes Page 2 BUSINESS ARISING FROM THE MINUTES 1. Transfer of Hydro Services for St. George Area Mayor Eddy noted the importance of addressing the transfer of hydro services from Hydro One to Brant County Power as part of discussions on future development in the St. George area, before development moves forward. David Johnson, Director of Development Services reported that he is working with the Chief Executive Officer of Brant County Power to identify possible areas for transfers. PUBLIC HEARINGS UNDER THE PLANNING ACT 1. ZBA 18/11/SS KERR TRACT, PART OF BLOCK 4, 2R-3022, PART 1, GEOGRAPHIC TOWNSHIP OF BRANTFORD In the matter of an application from Graydon Readings, applicant for Kerr Tract, Part of Block 4, 2R-3022, Part 1, County of Brant, in the geographic Township of Brantford, located at 152 Pleasant Ridge Road to change the zoning in order to permit the sale of a maximum of two (2) vehicles at any one time. Steve Stone, Senior Planner, stated that notice of this application was given pursuant to Section 34 of the Planning Act, R.S.O. 1990, as amended. He reviewed the application, noting one letter received in support and that staff recommends approval on a three-year temporary basis. In response to a question, Mr. Stone explained that the temporary nature of the approval would provide staff with the ability to monitor the operations, and a permanent change could be considered at the time of renewal. Graydon Readings, Applicant indicated that he became aware of the need for rezoning when applying for his vehicle dealer s licence. In response to questions, he accepted the temporary nature of this approval until the County is satisfied that the operation meets the municipality s rules and regulations. Members of the Public None Moved by Councillor Simons Seconded by Councillor Powell That application ZBA 18/11/SS from Graydon Readings, applicant for Kerr Tract, Part of Block 4, 2R-3022, Part 1, County of Brant, in the geographic Township of Brantford, located at 152 Pleasant Ridge Road to change the zoning in order to permit the sale of a maximum of two (2) vehicles on the property BE APPROVED on a temporary basis for a period no greater than three (3) years. 2. ZBA17/11/SS PART OF LOT 12, CONCESSION 2, GEOGRAPHIC TOWNSHIP OF OAKLAND In the matter of an application from Sharalea Farms Inc., applicant and owner of Part of Lot 12, Concession 2, County of Brant, in the geographic Township of Oakland, located at 3 Hagan Road, to change the zoning of the subject lands to permit a second permanent dwelling accessory to the existing farm operation.
Planning Advisory Committee Minutes Page 3 Steve Stone, Senior Planner, stated that notice of this application was given pursuant to Section 34 of the Planning Act, R.S.O. 1990, as amended. He reviewed the application and noted that staff recommends approval on a ten-year temporary basis. In response to a question, Mr. Stone indicated that an accessory dwelling unit could be permitted on a temporary basis for up to ten (10) years, with the possibility of renewal in three (3) year intervals under the Planning Act. Alternatively, a secondary permanent dwelling could be permitted in perpetuity under the Agricultural (A-1) zone. He clarified that staff is recommending a temporary use only at this time. In response to a question, Mr. Stone advised that the application was circulated to the Agricultural Advisory Committee, where it was received as information with no objections. He clarified that as the minimum lot size for a farm parcel is 30 hectares (75 acres), severance of the property may be an option. Sharon Anderson, Sharalea Farms Inc., Applicant reviewed the history of the Anderson family in the area, and noted that the second dwelling would be utilized by her son who is responsible for several aspects of the farming operation. She disagreed with the temporary status recommended by staff, indicating that there have been multiple homes on the property in the past. She also noted that the family holds several hundred acres of farmland in the County and that the need for a second dwelling can be demonstrated by the scope of the farming operation, and the need for full-time attendance by her son. In response to a question, she explained that there is only one possible site to locate the dwelling based on the input of the Grand River Conservation Authority. Members of the Public Joe Keresturi, 7 Marr Drive, Oakland spoke in favour of Mrs. Anderson s request that the application be granted for a permanent zoning amendment. He spoke of the costs associated with the construction of a house as being too high to warrant a temporary zoning change, and spoke of the positives of retaining family farms in the County. In response to questions, Mr. Stone noted that if a temporary use is permitted, applications for extension would be subject to the County s reduced fee for minor applications, which is currently $500.00. He noted that the option of a severance for the subject lands had not been discussed with the applicant. Mr. Stone further noted that the County s Official Plan allows for a permanent second dwelling as an accessory structure on a farm, where there is a demonstrated need. In discussion, concern was expressed about the precedence of allowing an additional house on prime agricultural land. It was noted that one of the conditions for granting a second residence prohibits future severance of the lot. The Committee generally agreed that this farm operation warrants a second residence on a permanent basis. Moved by Mayor Eddy Seconded by Councillor Chambers That application ZBA 17/11/SS from Sharalea Farms Inc., owners of Part of Lot 12, Concession 2, County of Brant, in the geographic Township of Oakland, located at 3 Hagan Road, to change the zoning of the subject lands from Agricultural (A) to Agricultural (A-1) in order to permit a second permanent dwelling accessory to the existing farm operation BE APPROVED.
Planning Advisory Committee Minutes Page 4 3. ZBA15/11/MD PART OF LOT 9, RANGE 2, EAST OF MOUNT PLEASANT, GEOGRAPHIC TOWNSHIP OF BRANTFORD. In the matter of an application from Waterous, Holden, Amey & Hitchon, agent for Brian & Kathleen Tigchelaar, applicants and owners of Part of Lot 9, Range 2, East of Mount Pleasant Road, County of Brant, in the geographic Township of Brantford, located at 18 War Road to rezone a portion of the subject lands from Agricultural (A) to Estate Residential (ER) in order to satisfy conditions of Consent Applications B52/10/MD-B55/10/MD. Marcus Davidson, Senior Planner, stated that notice of this application was given pursuant to Section 34 of the Planning Act, R.S.O. 1990, as amended. He reviewed the application and noted that staff recommends approval. In response to questions, Mr. Davidson indicated that there is a watercourse regulated by the Grand River Conservation Authority on the subject lands, which has been accommodated through a lot reconfiguration. Limitations on the number of permitted accesses were addressed through conditions of severance approval. James Hitchon, Waterous, Holden, Amey & Hitchon, Agent indicated that the application satisfies the conditions of severance approval and the Grand River Conservation Authority requirements. Members of the Public - None Moved by Councillor Chambers Seconded by Councillor Coleman That application ZBA 15/11/SS from Waterous, Holden, Amey & Hitchon, agent for Brian & Kathleen Tigchelaar applicants and owners of Part of Lot 9, Range 2, East of Mount Pleasant Road, County of Brant, in the geographic Township of Brantford, located at 18 War Road to rezone a portion of the subject lands from Agricultural (A) to Estate Residential (ER) in order to satisfy conditions of Consent Applications B52/10/MD-B55/10/MD BE APPROVED. 4. ZBA19/11/MD PART OF LOT 9, RANGE 2 EMPR, GEOGRAPHIC TOWNSHIP OF BRANTFORD. In the matter of an application from J.H. Cohoon Engineering Limited, agent for Thelma Gallant, owner of Part of Lot 9, Range 2, East of Mount Pleasant Road, County of Brant, in the geographic Township of Brantford, located at 8 War Road, to rezone the subject lands from Agricultural (A) and Rural Commercial (C5) to Estate Residential (ER). Marcus Davidson, Senior Planner, stated that notice of this application was given pursuant to Section 34 of the Planning Act, R.S.O. 1990, as amended. He reviewed the application and noted that staff recommends approval. Robert van Poorten, J.H. Cohoon Engineering Limited, Agent noted that the application satisfies a condition of severance approval, and that each lot is of an appropriate size that satisfies the requirements of estate residential zoning. In response to a question, he noted that a dwelling has been relocated to the property and has obtained a building permit, but has not been converted to a permanent dwelling as of yet.
Planning Advisory Committee Minutes Page 5 Members of the Public - None Moved by Councillor Chambers Seconded by Councillor Coleman That application ZBA 19/11/MD from J.H. Cohoon Engineering Limited, agent for Thelma Gallant, applicant and owner of Part of Lot 9, Range 2, East of Mount Pleasant Road, County of Brant, in the geographic Township of Brantford, located at 8 War Road, to rezone the subject lands from Agricultural (A) and Rural Commercial (C5) to Estate Residential (ER) BE APPROVED. 5. ZBA20/11/MD PART OF LOT 10, RANGE 1, SHR, GEOGRAPHIC TOWNSHIP OF BRANTFORD In the matter of an application from Kristy Hineline, owner of Range 1, South of Hamilton Road, Part of Lot 10, County of Brant, in the geographic Township of Brantford located at 1613 Colborne Street East, to rezone the subject lands from Agricultural (A) to Agricultural with a special exception to permit a boarding kennel for up to a maximum of 30 dogs. Marcus Davidson, Senior Planner, stated that notice of this application was given pursuant to Section 34 of the Planning Act, R.S.O. 1990, as amended. He reviewed the application and noted that staff recommends approval. In response to a question, Mr. Davidson indicated that the application was submitted after a complaint was registered with the County s by-law enforcement about the operation. Kristy Hineline, Applicant explained the nature of her operation, which includes approximately ten (10) dogs at the moment, with a possible expansion of up to 30 dogs. The dogs are typically present on the subject lands for day care between 7 a.m. and 6 p.m, although up to five (5) dogs may be boarded overnight. She denied that the issue of barking dogs in the local area is caused by her operation, and explained that she utilizes humane methods to deter her dogs from barking. Members of the Public Robert Robinson, 19 Langford Church Road noted that he was speaking on behalf of four (4) families in the area of Ms. Hineline s business. He indicated that the issues of barking dogs in the area has been present since Ms. Hineline began operating, and that it is disruptive to their standard of living. He also submitted correspondence from one of the families for the Committee s consideration. Joe Moons, 34 Langford Church Road indicated that he lives near the subject lands, and can clearly hear dogs barking from approximately 1500m away. Kristy Hineline, Applicant reiterated her initial point that the consistently barking dogs are not on her property and that she has spoken to the neighbours whose dogs persistently bark with no resolution.
Planning Advisory Committee Minutes Page 6 In response to a question, Mr. Davidson noted that a temporary re-zoning to allow for monitoring had not been considered as staff were unaware of any objections prior to this meeting. It was generally agreed that the application be deferred for one meeting cycle to allow for greater consideration of the barking issue. Moved by Councillor Chambers Seconded by Councillor Powell That application ZBA 20/11/MD from Kristy Hineline, applicant and owner of Part of Lot 10, Range 1, South of Hamilton Road, County of Brant, in the geographic Township of Brantford, located at 1613 Colborne Street, East, to rezone the subject lands from Agricultural (A) to Agricultural with a special exception to permit a boarding kennel for up to a maximum of 30 dogs, BE DEFFERED for a meeting cycle. 6. OPA-A09/MD, ZBA5/09/MD & PS2/09/MD - PART OF LOT 11, CONCESSION 1, GEOGRAPHIC TOWN OF PARIS. In the matter of applications from Plansmith Urban & Rural Planning, agent for Riverview Highlands Holdings Ltd, applicant for Lot 11, Concession 1, County of Brant, in the geographic Town of Paris, located at 1039 Rest Acres Road, to change the Official Plan designation from Future Growth Residential to Neighbourhood Commercial, to rezone the lands from Agricultural Restrictive (AR) to Residential and Commercial, and to enter into a Plan of Subdivision to redevelop the lands as a residential subdivision with 42 singledetached lots, 4 semi-detached lots, 25 townhouse units and 1 block for commercial purposes with dwelling units above. Marcus Davidson, Senior Planner, stated that notice of this application was given pursuant to Sections 17, 22, 34 & 51 of the Planning Act, R.S.O. 1990, as amended. He noted that the application was placed on the agenda to garner public input on these applications before staff s detailed analysis. In response to a question, Mr. Davidson indicated that the commercial block proposed in the draft plan of the subdivision is envisioned to be a small-scale, neighbourhood store. He noted that Community Services staff has reviewed the application for parkland requirements and walkability, and deemed that the area could be served by a park located in the proposed subdivision to the southeast. Brian Smith, Plansmith Urban & Rural Planning, Agent In response to questions about the location of the commercial block, Mr. Smith clarified that although the revised plans submitted today reflect different block numbers, the location of the commercial block has not changed, and is adjacent to Rest Acres Road. He noted that the mixed configuration of uses is consistent with the Southwest Paris Secondary Plan and reflects a reduction in the scale of commercial use from what is envisioned in the Official Plan.
Planning Advisory Committee Minutes Page 7 In response to concerns about the aesthetics of Rest Acres Road as a major commercial strip, Mr. Smith reviewed plans to orient the commercial block so that its parking lot is interior to the subdivision, and to locate the townhouse units in such a way as to create a street presence, with parking to the interior. In response to concerns about walkability, he noted that pedestrian sidewalks and routes would be accommodated throughout the interior of the subdivision, and that it is expected that the Rest Acres Road Environment Assessment would address any needs along that road. Mr. Smith reviewed plans for a mix of 50-foot, 43-foot, and 36-foot lots. He suggested that through this mix, it would be difficult to visually differentiate between lot sizes from the road. The variation in lot sizes would afford the builder greater architectural controls to enhance the aesthetics and uniqueness of the buildings. He noted that this approach has been employed in other municipalities, particularly the City of Brantford. In response to a question, Mr. Smith advised that access through the subdivision would be provided to accommodate an existing right of way across the property. In response to concerns about parkland for the development, Mr. Smith noted that the location of the park in the proposed subdivision to the south is within planning standards with respect to walking distance. The Committee expressed concerns about the location and timing of this park s development. In response to a question, Mr. Smith clarified that stormwater drainage for this development is dependent on the development to the southeast, and subject to an agreement being entered into by several property owners with respect to outlets. Mr. Smith requested that this application be brought back forward for consideration at the September meeting of the Planning Advisory Committee. Members of the Public - None The Committee requested that the following items be considered through staff s analysis: Location of sidewalks and walkable access through the subdivision, and a link to the Brant Sports Complex. Location and timing of parkland development to the southeast. In response to a question, the Chief Planning Official advised that Planning staff would aim to have the application forwarded for consideration at the September Planning Advisory Committee meeting, but this would depend on receipt and resolution of departmental and agency concerns. Moved by Councillor Miller Seconded by Councillor Gatward That applications OPA-A09/MD, ZBA5/09/MD & PS2/09/MD from Plansmith Urban & Rural Planning, agent for Riverview Highlands Holdings Ltd, applicant for Lot 11, Concession 1, County of Brant, in the geographic Town of Paris, located at 1039 Rest Acres Road, to change the Official Plan designation from Future Growth Residential to Neighbourhood Commercial, to rezone the lands from Agricultural Restrictive (AR) to Residential and Commercial, and to enter into a Plan of Subdivision to redevelop the lands as a residential subdivision with 42 single-detached lots, 4 semi-detached lots, 25 townhouse units and 1 block for commercial purposes with dwelling units above BE REFERRED TO STAFF for detailed analysis and presentation of a recommendation at a future meeting.
Planning Advisory Committee Minutes Page 8 7. OPA-B09/MD, ZBA6/09/MD & PS3/09/MD PART OF LOTS 11 & 12, CONCESSION 1, GEOGRAPHIC TOWN OF PARIS. In the matter of applications from J.H. Cohoon Engineering Limited, agent for Harold J. Edgar, owner of Part Lots 11 & 12, Concession 1, County of Brant, in the geographic Town of Paris, being located at 239 Mile Hill Road to change the Official Plan designation from Future Growth Residential to Neighbourhood Commercial, to rezone the lands from Agricultural Restrictive (AR) and Environmental Protected (EP-1) to Residential and Commercial, and to enter into a Plan of Subdivision to include 173 single detached lots, 15 semi-detached lots, 2 townhouse blocks, 2 apartment blocks, and a commercial block. Marcus Davidson, Senior Planner, stated that notice of this application was given pursuant to Sections 17, 22, 34 & 51 of the Planning Act, R.S.O. 1990, as amended. He noted that the application was placed on the agenda to garner public input on these applications before staff s detailed analysis. In response to questions, Mr. Davidson advised that the application had been circulated to both school boards for their planning purposes, and that both the park and the stormwater management blocks are proposed to be approximately 1.2 ha. In discussion, concern was expressed about walkability both within this, and the previous subdivision, as well as linkages to the Brant Sports Complex, school amenities on the west side of Rest Acres Road and amenities north of King Edward Street. Bob Phillips, J.H. Cohoon Engineering Limited, Agent - In response to questions, Mr. Phillips advised that the applicant is interested in incorporating environmentally-friendly features, and that servicing for the subdivision is expected to be available within the timeframe for this development. He further noted that agreements are nearly complete to address stormwater management. Members of the Public Henry Stolp, Pinevest Homes spoke in favour of moving forward with the application, noting that it is in a strong location from a market perspective. Moved by Councillor Coleman Seconded by Councillor Miller That applications OPA-B09/MD, ZBA6/09/MD & PS3/09/MD from J.H. Cohoon Engineering Limited, agent for Harold J. Edgar, owner of Part Lots 11 & 12, Concession 1, County of Brant, in the geographic Town of Paris, being located at 239 Mile Hill Road to change the Official Plan designation from Future Growth Residential to Neighbourhood Commercial, to rezone the lands from Agricultural Restrictive (AR) and Environmental Protected (EP-1) to Residential and Commercial, and to enter into a Plan of Subdivision to include 173 single detached lots, 15 semi-detached lots, 2 townhouse blocks, 2 apartment blocks, and a commercial block BE REFERRED TO STAFF for detailed analysis and presentation of a recommendation at a future meeting.
Planning Advisory Committee Minutes Page 9 8. SP1/10/AE PART OF LOT 10, CONCESSION 1, PLAN 2R-5915 PART 2, GEOGRAPHIC TOWN OF PARIS. In the matter of an application from Vicano Developments Limited, owners of Part of Lot 10, Concession 1, Plan 2R-5915 Part 2, County of Brant, in the geographic Town of Paris, located at 1084 Rest Acres Road to amend the existing registered site plan to eliminate the back stair access and bicycle ramp. Marcus Davidson, Senior Planner, reviewed the site plan amendment application. He noted one letter received in support of the application, and that staff is recommending refusal of the amendment. In response to a question, Mr. Davidson indicated that there is nothing in the site plan registered on title additional privacy/screening for the residences adjacent to the walkway. Robert Phillips, J.H. Coohon Engineering Ltd., Agent indicated that the walkway had been reluctantly included in the site plan following discussions held with County staff. He believes that there are several issues surrounding the construction of the walkway, including liability, privacy, safety, and that it is inconsistent with Crime Prevention Through Environmental Design (CPTED) standards. Paul Vicano, Vicano Developments Limited, Applicant noted that he had received several e- mails opposed to its construction. Members of the Public Keith Garrett, 13 Cobblestone Drive indicated that he had attended every public meeting on the development, and that he could only recall one mention of the walkway. He believes it to be an inappropriate access point that does not provide any privacy or noise barrier for the neighbourhood. He felt that the existing entrance to Cobblestone Drive is sufficient. In discussion it was noted that removal of the walkway would address a number concerns related to maintenance, privacy, liability, CPTED standards, and vandalism. Moved by Councillor Gatward Seconded by Mayor Eddy That the application SP1/10/AE from Vicano Developments Limited, owner of Part of Lot 10, Concession 1, Plan 2R-5915 Part 2, County of Brant, in the geographic Town of Paris, located at 1084 Rest Acres Road to amend the existing registered site plan to eliminate the back stair access and bicycle ramp BE APPROVED.
Planning Advisory Committee Minutes Page 10 9. SP 23/09 LOT 1 OF PLAN 1029, GEOGRAPHIC TOWNSHIP OF BRANTFORD, 22 AIRPORT ROAD In the matter of an application from 1590361 Ontario Inc., applicant and owner of Lot 1 of Plan 1029, County of Brant, in the geographic Township of Brantford, located at 22 Airport Road, to enter into a site plan agreement with the County to permit the development of land for the manufacturing of clay bricks. Steve Stone, Senior Planner reviewed the application noting that the site plan agreement has been prepared in accordance with the Ontario Municipal Board order on this development. In discussion, concerns were raised that Committee members did not have sufficient time to review the materials prior to the meeting, however it was noted that in light of the OMB order, there is little opportunity for the County to negotiate or amend the terms of the agreement. Members were encouraged to follow up with staff with any questions prior to Council. Moved by Mayor Eddy Seconded by Councillor Chambers That application SP23/09, from 1590361 Ontario Inc. applicant and owner of Lot 1 of Plan 1029, County of Brant, in the geographic Township of Brantford, located at 22 Airport Road, to enter into a site plan agreement with the County of Brant to permit the development of land for the manufacturing of clay bricks BE APPROVED. CONSENT ITEMS TO BE RECEIVED Moved by Mayor Eddy Seconded by Councillor Powell That the following consent items be received as information: i. Brant Heritage Committee Minutes of July 7, 2011 ii. Accessibility Advisory Committee Minutes of July 5, 2011 COMMITTEE REPORTS 1. Brant Heritage Committee Report & Minutes of June 2, 2011 Moved by Councillor Coleman Seconded by Councillor Simons That the following recommendation of the Brant Heritage Committee be approved: i. That permission be granted to the County of Brant Library to republish the essays from the Alvin Marr essay contest.
Planning Advisory Committee Minutes Page 11 2. Accessibility Advisory Committee Report & Minutes of June 13, 2011 Moved by Councillor Coleman Seconded by Councillor Simons That the following recommendation of the Accessibility Advisory Committee be approved: ii. That Drew Baird be appointed to the Accessibility Advisory Committee for a term ending November 30, 2014. Councillor Simons noted that she would follow up with the Accessibility Advisory Committee regarding the outstanding concerns about the Paris Community Pool project. OTHER BUSINESS 1. Update on Official Plan - Mark Pomponi, Chief Planning Official, reported that a formal response from the Province is expected within the next two weeks and that staff is working with the Ministry to resolve a number of issues. NEXT MEETING & ADJOURNMENT The Committee adjourned at 10:40 p.m. to meet again on Wednesday, August 17, 2011, 7:00 p.m. at the County Council Chambers. Secretary