THE CITY OF lu!='ul:< CITY OF WINDSOR MINUTES 11/14/2017 Meeting Date: Tuesday, November 14, 2017 Time: 4:30 PM Members Present: Councillors Ward 4 - Councillor Holt Ward 7 - Councillor Kusmierczyk Ward 9 - Councillor Payne Ward 5 - Councillor Sleiman (Vice Chairperson) Councillors - Regrets Ward 8 - Councillor Marra (Chairperson) Members Member Baker Member Bjarneson Member Foot Member Gyemi Member Miller Members - Regrets Member DiMaio Member Moore ALSO PRESENT ARE THE FOLLOWING FROM ADMINISTRATION: Shelby Askin Hager, City Solicitor Wira H.D. Vendrasco, Deputy City Solicitor Thorn Hunt, City Planner Don Wilson, Manager Development Applications Jim Abbs, Planner III - Subdivisions Adam Szymczak, Planner 111 Zoning Tom Cadman, Planner II! - Subdivisions John Revell, Chief Building Official Adam Pillon, Right-of-Way Supervisor Patrick Winters, Development Engineer Sahar Jamshidi, Planner III - Development Review John Calhoun, Planner III - Heritage
Tuesday, November 14, 2017 Page 2 of 16 Marianne Sladic, Steno Clerk Senior Anna Ciacelli, Supervisor of Council Services Delegations Item 7.1 Joseph Giorgi, representing applicant Item 7.1 Joe Lepera, representing applicant Item 7.1 Tracey Pillon-Abbs agent representing applicant Item 7.1 Niva Segatto, resident Item 7.1 Dennis Segatto, resident Item 7.2 Aaron Lewenza, applicant Item 7.2 Robert Millson, agent Item 7.3 Joe Iwanlw, owner of 3255 Jefferson Item 7.6 Tom Gelinas and Terry Dube, owners Item 10.3 Erin Kelly, Director, Greater Essex County District School Board; and Marcus R. Letourneau, Principal, Letourneau Heritage Consulting Inc. Item 10.2 Sancfra Aversa, VP Planning & Administration University of Windsor Item 10.2 Sue Mark, Executive Director Facility Services University of Windsor Item 10.2 Linda Axford, Heritage Planner, AMEC Foster Wheeler Item 10.2 Michael & Donna Appel, residents of Ward 2 (available for questions) Item 10.2 Chris Asmar, resident of Ward 2 1. CALL TO ORDER The Chairperson calls the meeting of the Planning, Heritage and Economic Development Standing Committee to order at 4:32 o'clock p.m, 2. DISCLOSURES OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Holt discloses an interest and abstains from voting on Item 7.6 being the report of the City Planner dated October 4, 2017 entitled "Rezoning - Chapter Two Brewery - 862-866 Walker Road - Z-020/17 ZNG/5269 -Ward 5" as he has an ownership share in the business. Member Gyemi discloses and interest and abstains from voting on Item 7.6 being the report of the City Planner dated October 4, 2017 entitled "Rezoning - Chapter Two Brewery - 862-866 Walker Road - Z-020/17 ZNG/5269 - Ward 5" as one of the applicants is a client.
Tuesday, November 14, 2017 Page 3 of 16 3. REQUEST FOR DEFERRALS, REFERRALS OR WITHDRAWALS 7.4. Zoning By-law Amendment - 0 Seneca Ave.- to permit 60 unit Multiple Dwelling Z012/17 [ZNG5166] -Ward 4 Moved by: Councillor Kusmierczyk Seconded by: Councillor Holt THAT the report of the City Planner dated October 19, 2017 entitled "Zoning By-law Amendment -0 Seneca Ave. - to permit 60 unity Multiple Dwelling Z012/17 [ZNG5166]-Ward 4" BE DEFERRED to a future meeting of the Planning, Heritage & Economic Development Standing Committee to allow the applicant time to address neighbour's concerns. Member Gyemi voting nay. Report Number: S 199/2017 Clerk's File: ZB/12923 4. COMMUNICATIONS None presented. 5. ADOPTION OF THE PLANNING ACT MINUTES 5.1. of the Planning, Heritage & Economic Development (Planning Act Matters) minutes held October 10, 2017 Moved by; Member Bjarneson Seconded by: Member Gyemi THAT the of the Planning, Heritage and Economic Development Standing Committee meeting (Planning Act Matters) meeting held October 10, 2017 BE ADOPTED as presented. Carried, Report Number: SCM 210/2017 Clerk's File: MB2017 6. PRESENTATION & DELEGATIONS (PLANNING ACT MATTERS) None.
Tuesday, November 14, 2017 Page 4 of 16 7. PLANNING ACT MATTERS 7.1. Approval of a Draft Plan of Subdivision and Zoning By-law Amendment, - 2402592 Ontario Incorporated, Part Lot 307, Concession North oftalbot Road, Township of Sandwich South, now City of Windsor, known municipally as 650 Talbot Road - SDN-004/17 [SDN/5233] & Z-017/17 [ZNG/5232]; Ward 1 Moved by: Member Bjarneson Seconded by: Councillor Kusmierczyk Decision Number: PHED 519 I. THAT an amendment to Zoning By-law 8600 BE APPROVED changing the zoning of Part Lot 307, Concession North of Talbot Road, in the former Township of Sandwich South, now in the City of Windsor, designated as Part 1 Plan 12R-24026, situated at the east end of Alpenrose Court, from Development Reserve District 1.1 (DRD1.1) to Residential District 1.2 (RD1.2) with the following with site specific provision: "354. For the lands comprising of Part Lot 307, Concession North of Talbot Road, in the former Township of Sandwich South, now in the City of Windsor, designated as Part 1 Plan 12R-24026, situated at the east end ofalpenrose Court, no dwelling or structures, above or below grade, including decks, gazebos, swimming pools and sheds, shall be permitted within 14 metres of Highway No.3 / Talbot Road. [ZDM 9; ZNG/5232]" II. THAT a Hold symbol BE PLACED on the site to ensure the following provisions are met: a) The Owner(s) apply to remove the hold provision; b) Registration of a Final Plan of Subdivision; and c) Issuance of all required Building and Land Use Permits from the Ministry of Transportation. III. THAT the application of 2402592 Ontario Incorporated for Draft Plan of Subdivision approval for Part of Lot 307, Concession North of Talbot Road, In the former Township of Sandwich South, now in the City of Windsor, designated as Part 1 Plan 12R-24026, BE APPROVED subject to the following conditions: A. That the Draft Plan Approval shall lapse on November 14, 2020 (3 years from the date of approval); B. That this approval applies to the draft plan of subdivision presented on attached Map No. SDN-004/17-1, prepared by R.C, Spencer Associates Inc., identified as Project Number 16-527, revised and dated August 11, 2017, showing 9 lots for single detached dwellings a road allowance. C. That prior to the execution and registration of the subdivision agreement between the Owner(s) and the Corporation of the City of Windsor, the Owner(s) shall submit for
Tuesday, November 14, 2017 Page 5 of 16 approval of the City Planner/Executive Director of Planning & Building, a final draft IV1- Plan which shall include the names of all road allowances within the plan, as approved by the Corporation. D. That the subdivision agreement between the Owner(s) and the Corporation of the City of Windsor be registered on title and shall contain, among other matters, the following provisions: 1. The Owner(s) shall agree to include all items as set out In the Results of Circulation with further amendments as required and other relevant matters set out in CR 233/98 (Standard Subdivision Agreement). 2. The Owner(s) shall agree to implement the noise control measures recommended in the noise impact study prepared by Akoustik Engineering Limited, dated August 18, 2017. The provision of the following noise attenuation measures and warning clauses, satisfactory to the Chief Building Official, will be required prior to the issuance of a Building Permit: i) All the dwelling units within the subdivision shall be equipped with a forced air heating system and central air conditioning system. The air conditioner condenser unit shall be located so as to minimize its noise impact both on and in the immediate vicinity. The air conditioning unit should comply with the noise criteria contained in the Ministry of the Environment's Technical Publication NPC-216 "Residential Air Conditioning Devices". ii) All building components including windows, walls and doors for units within the plan of subdivision shall comply with the following Sound Transmission Class rating requirements: Walls: Min. Bldg. Std. Windows: Min. Bldg. Std. Doors: Mm. Bldg. Std. iii) The following warning clauses shall be included in the Subdivision Agreement to be registered on title and in all Agreements of Purchase and Sale between the Developer and prospective home buyers of lots within this plan of subdivision: a. "Purchasers are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment." b. "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment." 3. The Owner(s) shall agree to: i) undertake an engineering analysis to identify stormwater quality and quantity measures as necessary to control any increases in flows in downstream watercourses, up to and including the 1:100 year design storm, to the satisfaction of the City Engineer and the Essex Region Conservation Authority;
Tuesday, November 14, 2017 Page 6 of 16 ii) install any stormwater management measures identified above, as part of the development of the site, to the satisfaction of the City Engineer and the Essex Region Conservation Authority; iii) obtain the necessary permit or clearance under the Conservation Authorities Act, (Ontario Regulation No. 158/06), from the Essex Region Conservation Authority, prior to undertaking any site alterations and/or construction activities; 4. The Owner(s) shall agree to remove, at their expense, the existing temporary culde-sac and barricade on Alpenrose Court, west of the subject lands and restore all curbs, pavements and boulevards to City Standards, to the satisfaction of the City Engineer. 5. The Owner(s) shall agree to conduct at its entire expense, a video inspection, or pay the cost of similar inspection, of all existing sanitary/storm sewers on Alpenrose Court, which will be tapped to service the development, all to the satisfaction of the City Engineer. 6. The Owner(s) shall agree to place the following warnings in all Agreements of Purchase and Sale between the Developer and all prospective home buyers: i) "Students from this area may not be able to attend the closest neighbourhood school due to insufficient capacity and may have to be bussed to more a distant school with the capacity to accommodate them." ii) "The School Board will designate pick up points on roads presently in existence for children in this area to meet buses or other pick up areas convenient to the Board and that school buses will not enter cul-de-sacs." E. That the Owner(s) shall submit if required, a stormwater management report, servicing report, grading plan and site plans to the Ministry of Transportation in order to obtain the necessary permits, clearance and/or approval, prior to undertaking any site alterations and/or construction activities. F. That prior to the issuance of a construction permit, the Owner(s) shall obtain the necessary Building and Land Use Permits from the Ministry of Transportation. G. That prior to the execution and registration of the subdivision agreement between the Owner(s) and the Corporation of the City of Windsor, the Owner(s) shall retain a Consulting Engineer to provide a detailed servicing study report on the impact of the increased flow to the existing municipal sewer systems to the satisfaction of the City Engineer, prior to the issuance of a construction permit. i) The study shall review the proposed impact and recommend solutions to addressing the problems and ultimate implementation of solutions should there be a negative impact to the system. ii) The study shall be finalized to the satisfaction of the City Engineer. H. That the Owner(s) shall pay to the Corporation, prior to the issuance of a construction permit, the sum of $5,248.65, being the Owner's contribution towards the future construction of a concrete sidewalk on Alpenrose Court. I. That the Owner(s) shall pay to the Corporation, cash-in-lieu of parkland conveyance, as per By-law 12780, prior to the issuance of a construction permits.
Tuesday, November 14, 2017 Page 7 of 16 NOTES TO DRAFT APPROVAL (File # SDN-004/17) 1. The applicant is directed to Section 51(39) of The Planning Act 1990 regarding appeal of any imposed conditions to the Ontario Municipal Board. Appeals are to be directed to the City Clerk of the City of Windsor. 2. It is the applicant's responsibility to fulfil the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the City of Windsor, to the attention of the Executive Director of Development Processing Services, quoting the above-noted file number. 3. Required agreements with the Municipality will be prepared by the City Solicitor. 4. The applicant should consult with an Ontario Land Surveyor for this proposed plan concerning registration requirements relative to the Certification of Tities Act. 5. The final plan approved by the Corporation of the City of Windsor must be registered within thirty (30) days or the Corporation may withdraw its approval under Section 51(59) of The Planning Act 1990. 6. All plans of subdivision/condominium are to be prepared and presented in metric units and certified by the Ontario Land Surveyor that the final plan is in conformity to the approved zoning requirements. 7. Where agency conditions are included in the City's Subdivision Agreement, the Applicant is required to forward a copy of the agreement to the agencies in order to facilitate their clearance of conditions for final approval of this plan. IV. THAT the City Clerk and Licence Commissioner BE AUTHORIZED to issue the required notice respecting approval of the draft plan of subdivision under Section 51(37) of The Planning Act. V. THAT the subdivision agreement shall BE REGISTERED against lands to which it applies prior to the final registration of the Plan of Subdivision. Vt. THAT prior to the final approval by the Corporation of the City of Windsor, the City Planner / Executive Director of the Planning and Building Department shall BE ADVISED, in writing, by the appropriate agencies that conditions have been satisfied. VII. THAT Administration BE REQUESTED to provide information regarding the concern of area residents related to grading; and, VIII. THAT this information BE PROVIDED at the time this committee report is forwarded to Council. Carried, Councillor Payne voting nay. Report Number: S 185/2017 Clerk's File: ZB/12942
Tuesday, November 14, 2017 Page 8 of 16 7.2. Rezoning - Heritage Tire Sales Inc -1791-1793 Benjamin Ave -Z-018/17 ZNG/5235-Ward4 Moved by: Member Bjarneson Seconded by: Councillor Kusmierczyk Decision Number: PHED 520 THAT Zoning By-law 8600 BE AMENDED by changing the zoning of Part of Lot 1, Registered Plan 423 (PIN 01159-0226; Roll No. 030-430-12200; known municipally as 1791-1793 Benjamin Avenue; situated on the west side of Benjamin Avenue, north of Tecumseh Road East) from Residential District 1.3 (RD1.3) to Commercial District 4.1 (CD4.1). Moved by: Councillor Holt Seconded by: Member Bjarneson Decision Number: PHED 521 That direction be given during the Site Plan Review process for the re-development of 1791-1793 Benjamin Avenue consideration be made for the protection of the abutting residential uses and to maximize the provision of parking. Report Number; S 189/2017 Clerk's File: ZB/12939 7.3. Rezoning - 2178817 Ontario Inc - 3255 Jefferson Blvd - Z-019/17 ZNG/5244 - Ward 8 Moved by: Councillor Kusmierczyk Seconded by: Member Bjarneson Decision Number: PHED 522 THAT Zoning By-law 8600 BE AMENDED by changing the zoning of Parts 2 and 5, Plan 12R- 14140, known municipally as 3255 Jefferson Boulevard, situated on the west side of Jefferson Boulevard, south and east of North Service Road, by adding a new site specific exception to Section 20(1) as follows: "352. For the lands comprising Parts 2 and 5, Plan 12R-14140, situated on the west side of Jefferson Boulevard, south and east of North Service Road, an Automobile Repair Garage shall be an additional permitted use. [ZDM 11, 15;ZNG/5244]" Report Number: S 190/2017 Clerk's File: ZB/12938
Tuesday, November 14, 2017 Page 9 of 16 7.5. Land South of 601 Lake Trail Drive Z 026-17 [ZNG-5286] - Remove restriction on Garage forward design - North Part Of Lot 307, Concession North OfTalbot Road; Part 1, 12R-26317 -Ward 1 Moved By: Councillor Holt Seconded by: Member Bjarneson THAT the amendment to Zoning By-law 8600 deleting Section 20 (1) 333 BE DENIED. The motion is put and is lost. Councillors Kusmlerczyk, Payne, Sleiman and Member Gyemi voting nay. Moved by; Councillor Kusmierczyk Seconded by: Councillor Payne Decision Number: PHED 523 THAT Zoning By-law 8600 BE AMENDED by deleting Section 20 (1)333. Councillor Holt and Member Bjarneson voting nay. Report Number: S 193/2017 Clerk's File: ZB/12976 7.6. Rezoning - Chapter Two Brewing - 862-866 Walker Road - Z-020/17 ZNG/5269 - Ward 5 Moved by: Councillor Kusmierczyk Seconded by: Member Bjarneson Decision Number: PHED 524 THAT Zoning By-law 8600 BE AMENDED by changing the zoning of Part Lots 199 & 200, Registered Plan 367 (PIN 01092-0180; Roll No. 020-090-10200), known municipally as 862-866 Walker Road, situated at the southeast corner of Walker Road and Edna Street, by replacing Paragraph 243 in Section 20(1) with the following: "243. For the lands comprising Part Lots 199 & 200, Registered Plan 367, situated on the southeast comer of Walker Road and Edna Street, the following shall be additional permitted uses: Health Studio Micro-Brewery and for a Health Studio, a minimum of 40 on-site parking spaces shall be provided.
Tuesday, November 14, 2017 Page 10 of 16 [ZDM 6; ZNG/394; ZNG/5269]" Councillor Holt and Member Gyemi disclose an interest and abstain from voting on this matter. Report Number: S 191/2017 Clerk's File: ZB/12941 There being no further business the meeting of the Planning, Heritage and Economic Development Standing Committee (Planning Act Items) portion is adjourned at 5:49 o'clock p.m. The Vice chair calls the Heritage Matters portion of the Planning, Heritage & Economic Development Standing Committee meeting to order at 5:52 o'clock p.m. 8. ADOPTION OF THE MINUTES 8.1. of the Planning, Heritage & Economic Development Standing Committee meeting held September 11, 2017 Moved by; Councillor Holt Seconded by: Member Foot THAT the minutes of the Planning, Heritage and Economic Development Standing Committee meeting held September 11, 2017 BE ADOPTED as presented. Report Number: SCM 174/2017 Clerk's File: MB2017 8.2. of the Planning, Heritage & Economic Development Standing Committee meeting held October 10, 2017 Moved by: Councillor Holt Seconded by: Member Foot THAT the minutes of the Planning, Heritage and Economic Development Standing Committee meeting held October 10, 2017 BE ADOPTED as presented. Report Number; SCM 196/2017 Clerk's File: MB2017
Tuesday, November 14, 2017 Page 11 of 16 9. PRESENTATIONS AND DELEGATIONS (COMIVIITTEE & ADMINISTRATIVE MATTERS) See Items 10.2 and 10.3. 10. HERITAGE ACT MATTERS 10.1. 3044 Sandwich Street (Sandwich HCD) - Replace Balcony Railings Moved by: Councillor Holt Seconded by: Member Foot Decision Number: PHED 525 THAT the balcony railings with glass panels and aluminum frames proposed for the three-storey apartments at 3044 Sandwich Street BE APPROVED in accordance with Part V of the Ontario Heritage Act and the Sandwich Heritage Conservation District. Report Number S 176/2017 Clerk's File: MBA/9191 10.2. lona College/Stuart-Macdonald House, 208 Sunset Avenue - Request for Demolition of Heritage Register-Listed Property John Calhoun, Heritage Planner appears before the Planning, Heritage & Economic Development Standing Committee Meeting regarding the administrative report lona College/Stuart-McDonald House, 208 Sunset Avenue - Request for Demolition of Heritage Register-Listed Property and provides a brief background of the report and an outline of the heritage features of the building. Linda Axford, Heritage Planner, AMEC Foster Wheeler Linda Axford, Heritage Planner, AMEC Foster Wheeler appears before the Planning, Heritage & Economic Development Standing Committee Meeting regarding the administrative report lona College/Stuart-McDonald House, 208 Sunset Avenue - Request for Demolition of Heritage Register-Listed Property and clarifies the University of Windsor's position with an updated proposed rendering of the green space should their request for demolition be approved. She adds that the structure is in disrepair and that renovation costs would far exceed the assessed value of the building. Ms. Axford adds that previous owners had not maintained the building and it has deteriorated to a point where it is not feasible to repair.
Tuesday, November 14, 2017 Page 12 of 16 Chris Asmar, resident of Ward 2 Chris Asmar, resident of Ward 2 appears before the Planning, Heritage & Economic Development Standing Committee Meeting regarding the administrative report lona College/Stuart-McDonald House, 208 Sunset Avenue - Request for Demolition of Heritage Register-Listed Property expressing concern with the current condition of the building and maintenance and indicates that if it is sold there will be many tenants and potential parking concerns. Mr. Asmar indicates that a green space would be a welcome addition to the neighbourhood and would be the preferred option for the neighbourhood. Michael and Donna Appel, residents of Ward 2 Michael and Donna Appel, residents of Ward 2 appear before the Planning, Heritage & Economic Development Standing Committee Meeting regarding the administrative report iona College/Stuart-McDonald House, 208 Sunset Avenue - Request for Demolition of Heritage Register-Usted Property in support of the University of Windsor's request to demolish the building. Ms. Appel indicates that the residence has been neglected for over 40 years and trying to keep up with the weeds has been a losing battle for her family. Ms. Appel welcomes the green space and states that the plaque would be a fitting tribute. Sandra Aversa, Vice President Planning, University of Windsor Sandra Aversa, Vice President Planning, University of Windsor, appears before the Planning, Heritage & Economic Development Standing Committee Meeting regarding the administrative report lona College/Stuart-McDonald House, 208 Sunset Avenue - Request for Demolition of Heritage Register-Usted Property and provides a brief history of the purchase and condition of the building as well as the potential plans for green space and a plaque commemorating the property. Ms. Aversa indicates that it would be cost prohibitive to restore the building and requests that the committee grants the demolition application. Councillor Payne suggests that a summary of issues for renovation of the building should be provided so that the committee has details regarding the structure of the building and what needs to be repaired/replaced. Ms. Aversa indicates that the heritage planner's review is what they have and that they haven't had an architectural design of the building completed. Ms. Aversa proceeds to list the many structural items of the house that would need repair/replacement including a partial list as follows: a full accessible renovation; mechanical replacement; electrical replacement; roof replacement; plumbing replacement; internal gutting and renovation; exterior stucco replacement; asbestos removal Member Miller inquires as to the intent of the University of Windsor in purchasing the property. The University administration indicates that they have no current plans for the site except for demolishing the building and making it into green space with a landscaped design. Future development is unknown at this time.
Tuesday, November 14, 2017 Page 13 of 16 Councillor Kusmierczyk inquires as to the financial support that may be available to the University of Windsor to renovate the building. Mr. Calhoun provides financial details that include up to 30% of property tax reduction. The current balance of the fund is approximately $300,000.00. Member Foot expresses concern should the demolition be allowed that more buildings in the area will be demolished. Moved by: Councillor Holt Seconded by: Member Foot Decision Number: PH ED 526 THAT the Clerk BE AUTHORIZED to issue a Notice of Intention to Designate the lona Coilege/Stuart-Macdonald House, 208 Sunset Avenue. Councillors Payne and Sleiman voting nay. Report Number: S 196/2017 Clerk's File: MBA2017 10.3. International Playing Card Co., 1123 Mercer Street - Heritage Alteration Permit for Adaptive Reuse as School (Ward 3) Erin Kelly, Director, Greater Essex County District School Board; and Marcus R. Letourneau, Principal, Letourneau Heritage Consulting Inc. Erin Kelly, Director, Greater Essex County District School Board; and Marcus R. Letourneau, Principal, Letourneau Heritage Consulting Inc. appear before the Planning, Heritage & Economic Development Standing Committee regarding the administrative report International Playing Card Co., 1123 Mercer Street - Heritage Alteration permit for Adaptive Reuse as School and provide a brief overview of the potential for the building and the property and conclude by suggesting that this transformation will draw people downtown. Mr. Letourneau provides details of the modification that would be required and explains the adaptive reuse that would ensure the structure is conserved. Councillor Kusmierczyk thanks the School Board and commends them for undertaking this exciting project. Councillor Payne congratulates the school board for providing a good plan which incorporates the heritage design. Councillor Holt commends the school board and administration for this great example of adaptive reuse in the core. Moved by: Councillor Kusmierczyk Seconded by: Member Baker
Tuesday, November 14, 2017 Page 14 of 16 Decision Number: PHED 527!. THAT the request by the Greater Essex County District School Board for a Heritage Alteration Permit for deconstruction and reconstruction of and small additions to the east, north and south facades of the International Playing Card Company building, a designated property at 1123 Mercer Street, as detailed in the appendices to this report, BE APPROVED; and, II. THAT the City Planner or his designee BE DELEGATED the authority to approve minor changes to the heritage alterations for this property; and, III. THAT as the project proceeds, a Temporary Protection Plan as suggested by the GECDSB's Heritage Consultant BE DEVELOPED as part of the construction drawings package for the builder to outline the protection of the salvaged materials. Report Number: S 197/2017 Clerk's File: MBA/12664 There being no further business the meeting of the Planning, Heritage and Economic Development Standing Committee (Heritage Items) portion is adjourned at 6:57 o'clock p.m. The Vice chair calls the Administrative Matters portion of the Planning, Heritage & Economic Development Standing Committee meeting to order at 6:58 o'clock p.m. 11. ADMINISTRATIVE ITEMS 11.1. Brownfield Redevelopment Community Improvement Plan (CIP) applications submitted by Farhi Holdings Corporation for 1600 Lauzon Road (Ward 6) Moved by: Councillor Holt Seconded by; Councillor Payne Decision Number: PHED 528 THAT the request made by Farhi Holdings Corporation to participate in the Feasibility Study Grant Program BE APPROVED for the completion of the proposed Concept Plan and Market Analysis for 1600 Lauzon Road, pursuant to the City of Windsor Brownfield Redevelopment Community Improvement Plan; and, THAT the request made by Farhi Holdings Corporation to participate in the Environmental Site Assessment Grant Program BE APPROVED for the completion of the proposed Phase II Environmental Site Assessment Studies at 1600 Lauzon Road pursuant to the City of Windsor Brownfield Redevelopment Community Improvement Plan; and,
Tuesday, November 14, 2017 Page 15 of 16 THAT the City Treasurer BE AUTHORIZED to issue payment to a maximum of $32,000 based upon the completion and submission of a Concept Plan, Market Analysis, and Phase 11 Environmental Site Assessment Studies completed In a form acceptable to the City Planner and City Solicitor. Report Number: S 198/2017 Clerk's File: Z/8955 11.2. ACSP -Alley closing between Chandler Rd. and Central Ave., south of Seminole St., and north of Reginald St., SAA/5146 -Ward 5 Moved by: Councillor Payne Seconded by: Councillor Holt Decision Number: PHED 529 I. That the alley having the width of 5.49m, located between Chandler Rd. and Central Ave., south of Seminole St., and north of Reginald St., as shown on Drawing CC-1721 attached hereto as Appendix "A", BE ASSUMED for subsequent closure; That the alley having the width of 5.49m, located between Chandler Rd. and Central Ave., south of Seminole St., and north of Reginald St., as shown on Drawing CC-1721 attached hereto as Appendix "A", BE CLOSED AND CONVEYED to the abutting property owners subject to the following: I. Easements, subject to their being accepted in the City's standard form and in accordance with the City's standard practice, be granted to: a. Bell Canada, Managed Network Systems, Inc., COGECO CONNEXION Inc. and Enwin Utilities Ltd. Ji. Conveyance Cost BE SET as follows: Abutting properties zoned RD 2.1 &CD1.3: 1. $1.00 plus alley subsidy cost of $99.00 during the alley subsidy program; 2. $1.00 plus alley subsidy cost of $99,00 after the expiration of the alley subsidy program That The City Planner BE REQUESTED to supply the appropriate legal description, in accordance with Drawing Number CC-1721, attached hereto as Appendix "A" IV. That The City Solicitor BE REQUESTED to prepare the necessary by-law(s) V. That The Chief Administrative Officer and City Clerk BE AUTHORIZED to sign all necessary documents approved as to form and content satisfactory to the City Solicitor
Tuesday, November 14, 2017 Page 16 of 16 VI, That the matter BE COMPLETED electronically pursuant to By-law Number 366-2003 V!l. If there are existing alley approaches, and these approaches become obsolete after the alley closure, the City shall remove existing alley approaches in the future when budget funds exist. Alternatively should property owners that abut the approaches to the closed alley wish to retain the alley approaches as driveways, permits from Public Works shall BE REQUIRED Report Number: S 195/2017 Clerk's File: SAA2017 12. COMMITTEE MATTERS None. 13. QUESTION PERIOD None presented. 14. ADJOURNMENT There being no further business the meeting of the Planning, Heritage and Economic Development Standing Committee is adjourned at 7:02 o'clock p.m. Ward 5 Councillor Sleiman - Supervisor of Council Services (Vice Chairperson) <, v )
WlNDlaaR QITY OF WINDSOR - MINUTES 11/14/2017 Meeting (Planning Act Matters) Date: Tuesday, November 14, 2017 Time: 4:32 PM Members Present: Councillors Ward 4-Councillor Holt Ward 7 - Councillor Kusmierczyk Ward 9 - Councillor Payne Ward 5 - Councillor Sleiman (Vice Chairperson) Councillors - Regrets Ward 8 ~ Councillor Marra (Chairperson) Members Member Bjameson Member Gyemi Members - Regrets Member Moore ALSO PRESENT ARE THE FOLLOWING FROM ADMINISTRATION: Shetby Askin Hager, City Solicitor Wira H.D. Vendrasco, Deputy City Solicitor Thorn Hunt, City Planner Don Wilson, Manager Development Applications Jim Abbs, Planner III - Subdivisions Adam Szymczak, Planner III Zoning Thorn Cadman, Planner III - Subdivisions John Revell, Chief Building Official Adam Pilion, Right-of-Way Supervisor Patrick Winters, Development Engineer Sahar Jamshidi, Planner ill - Development Review John Calhoun, Planner III - Heritage Marianne Sladic, Steno Clerk Senior Anna Ciacelli, Supervisor of Council Services
Tuesday, November 14, 2017 Page 2 of 9 Delegations Item 7.1 Joseph Giorgi, representing applicant Item 7.1 Joe Lepera, representing applicant Item 7.1 Tracey Pillon-Abbs agent representing applicant Item 7.1 Niva Segatto, resident Item 7.1 Dennis Segatto, resident Item 7,2 Aaron Lewenza, applicant Item 7.2 Robert Millson, agent Item 7.3 Joe Iwaniw, owner of 3255 Jefferson Item 7.6 Tom Gelinas and Terry Dube, owners 1. CALL TO ORDER The Chairperson calls the meeting of the Planning, Heritage and Economic Development Standing Committee to order at 4:32 o'clock p.m. 2. DISCLOSURES OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Holt discloses an interest and abstains from voting on Item 7.6 as he has shares in the business. Anthony Gyemi discloses and interest and abstains from voting on Item 7.6 as one of the applicants is a client. 3. REQUEST FOR DEFERRALS, REFERRALS OR WITHDRAWALS 7.4. Z-012/17 [ZNG/5166] - Sunshine Drugs Inc. 0 Seneca Ave. - Rezoning Ward 4 Jim Abbs, author Moved by: Councillor Kusmierczyk Seconded by: Councillor Holt THAT the report of the City Planner dated October 19, 2017 entitled "Zoning By-law Amendment - 0 Seneca Ave. - to permit 60 unity Multiple Dwelling Z012/17 [ZNG5166] - Ward 4" BE DEFERRED to a future meeting of the Planning, Heritage & Economic Development Standing Committee to allow the applicant time to address neighbour's concerns. CARRIED. Member Gyemi voting nay. Report Number: S 199/2017
Tuesday, November 14, 2017 Page 3 of 9 4. COIV1IVIUNICATIONS None. Clerk's File: ZB/12923 5. ADOPTION OF THE PLANNING ACT MINUTES 5.1. IVlinutes of the Planning, Heritage & Economic Development (Planning Act Matters) minutes held October 10, 2017 Moved by: Member Bjarneson Seconded by; Member Gyemi THAT the of the Planning, Heritage and Economic Development Standing Committee meeting (Planning Act Matters) meeting held October 10, 2017 BE ADOPTED as presented. Report Number: SCM 210/2017 Clerk's File: MB2017 6. PRESENTATION & DELEGATIONS (PLANNING ACT MATTERS) None, 7. PLANNING ACT MATTERS 7.1. Z-017/17 [ZNG/5232] & SDN-004/17 [SDN/5233] - 2402592 Ontario Inc. 650 Talbot Rd. - Rezoning & Plan of Subdivision Ward 1 Tom Cadman, author. Moved by: Member Bjameson Seconded by: Councillor Kusmierczyk Decision Number: PHED 519 I. THAT an amendment to Zoning By-law 8600 BE APPROVED changing the zoning of Part Lot 307, Concession North of Talbot Road, in the former Township of Sandwich South, now in the City of Windsor, designated as Part 1 Plan 12R-24026, situated at the east end of Alpenrose Court, from Development Reserve District 1.1 (DRD1.1) to Residential District 1.2 (RD1.2) with the following with site specific provision: "354. For the lands comprising of Part Lot 307, Concession North of Talbot Road, in the former Township of Sandwich South, now in the City of Windsor, designated as Part 1 Plan 12R-24026, situated at the east end ofalpenrose Court, no dwelling or structures,
Tuesday, November 14, 2017 Page 4 of 9 above or below grade, including decks, gazebos, swimming pools and sheds, shall be permitted within 14 metres of Highway No.3 / Talbot Road. [ZDM 9; ZNG/5232]" [I. THAT a Hold symbol BE PLACED on the site to ensure the following provisions are met: a) The Owner(s) apply to remove the hold provision; b) Registration of a Final Plan of Subdivision; and c) Issuance of all required Building and Land Use Permits from the Ministry of Transportation. THAT the application of 2402592 Ontario Incorporated for Draft Plan of Subdivision approval for Part of Lot 307, Concession North of Talbot Road, in the former Township of Sandwich South, now in the City of Windsor, designated as Part 1 Plan 12R-24026, BE APPROVED subject to the following conditions: A. That the Draft Plan Approval shall lapse on November 14, 2020 (3 years from the date of approval); B. That this approval applies to the draft plan of subdivision presented on attached Map No. SDN-004/17-1, prepared by R.C. Spencer Associates Inc., identified as Project Number 16-527, revised and dated August 11, 2017, showing 9 lots for single detached dwellings a road allowance. C. That prior to the execution and registration of the subdivision agreement between the Owner(s) and the Corporation of the City of Windsor, the Owner(s) shall submit for approval of the City Planner/Executive Director of Planning & Building, a final draft M- Plan which shall include the names of all road allowances within the plan, as approved by the Corporation. D. That the subdivision agreement between the Owner(s) and the Corporation of the City of Windsor be registered on title and shall contain, among other matters, the following provisions: 1. The Owner(s) shall agree to include all items as set out in the Results of Circulation with further amendments as required and other relevant matters set out in CR 233/98 (Standard Subdivision Agreement). 2. The Owner(s) shall agree to implement the noise control measures recommended in the noise impact study prepared by Akoustik Engineering Limited, dated August 18, 2017. The provision of the following noise attenuation measures and warning clauses, satisfactory to the Chief Building Official, wil! be required prior to the issuance of a Building Permit: i) All the dwelling units within the subdivision shall be equipped with a forced air heating system and central air conditioning system. The air conditioner condenser unit shall be located so as to minimize its noise impact both on and in the immediate vicinity. The air conditioning unit should comply with the noise criteria contained in the Ministry of the Environment's Technical Publication NPC-216..Residential Air Conditioning Devices".
Tuesday, November 14, 2017 Page 5 of 9 ii) All building components including windows, walls and doors for units within the plan of subdivision shall comply with the following Sound Transmission Class rating requirements: Walls: Mm, Blc/g. Stci Windows: Min. B/cfg, Sfd Doors: Mm. Blcfg, Std iii) The following warning clauses shall be included in the Subdivision Agreement to be registered on title and in all Agreements of Purchase and Sale between the Developer and prospective home buyers of lots within this plan of subdivision: a. "Purchasers are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment." b. "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment." 3. The Owner(s) shall agree to: i) undertake an engineering analysis to identify stonnwater quality and quantity measures as necessary to control any increases in flows in downstream watercourses, up to and including the 1:100 year design storm, to the satisfaction of the City Engineer and the Essex Region Conservation Authority; ii) install any stormwater management measures identified above, as part of the development of the site, to the satisfaction of the City Engineer and the Essex Region Conservation Authority; iji) obtain the necessary permit or clearance under the Conservation Authorities Act, (Ontario Regulation No. 158/06), from the Essex Region Conservation Authority, prior to undertaking any site alterations and/or construction activities; 4. The Owner(s) shall agree to remove, at their expense, the existing temporary culde-sac and barricade on Alpenrose Court, west of the subject lands and restore all curbs, pavements and boulevards to City Standards, to the satisfaction of the City Engineer, 5. The Owner(s) shall agree to conduct at its entire expense, a video inspection, or pay the cost of similar inspection, of all existing sanitary/storm sewers on Alpenrose Court, which will be tapped to service the development, all to the satisfaction of the City Engineer. 6. The Owner(s) shall agree to place the following warnings in all Agreements of Purchase and Sale between the Developer and all prospective home buyers: i) "Students from this area may not be able to attend the closest neighbourhood school due to insufficient capacity and may have to be bussed to more a distant school with the capacity to accommodate them."
Tuesday, November 14, 2017 Page 6 of 9 ii) "The School Board will designate pick up points on roads presently in existence for children in this area to meet buses or other pick up areas convenient to the Board and that school buses will not enter cul-de-sacs." E. That the Owner(s) shall submit if required, a stormwater management report, semcing report, grading plan and site plans to the Ministry of Transportation in order to obtain the necessary permits, clearance and/or approval, prior to undertaking any site alterations ancf/or construction activities. F. That prior to the issuance of a construction permit, the Owner(s) shall obtain the necessary Building and Land Use Permits from the Ministry of Transportation. G. That prior to the execution and registration of the subdivision agreement between the Owner(s) and the Corporation of the City of Windsor, the Owner(s) shall retain a Consulting Engineer to provide a detailed servicing study report on the impact of the increased flow to the existing municipai sewer systems to the satisfaction of the City Engineer, prior to the issuance of a construction permit. i) The study shall review the proposed impact and recommend solutions to addressing the problems and ultimate implementation of solutions should there be a negative impact to the system. ii) The study shall be finalized to the satisfaction of the City Engineer. H. That the Owner(s) shall pay to the Corporation, prior to the issuance of a construction permit, the sum of $5,248.65, being the Owner's contribution towards the future construction of a concrete sidewalk on Alpenrose Court. That the Owner(s) shall pay to the Corporation, cash-in-lieu of parklancf conveyance, as per By-law 12780, prior to the issuance of a construction permits. NOTES TO DRAFT APPROVAL (File # SDN-004/17) 1. The applicant is directed to Section 51(39) of The Planning Act 1990 regarding appeal of any imposed conditions to the Ontario Municipal Board. Appeals are to be directed to the City Clerk of the City of Windsor. 2. It is the applicant's responsibility to fulfil the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the City of Windsor, to the attention of the Executive Director of Development Processing Se/v/ces, quoting the above-noted file number. 3. Required agreements with the Municipality will be prepared by the City Solicitor. 4. The applicant should consult with an Ontario Land Surveyor for this proposed plan concerning registration requirements relative to the Certification of Titles Act. 5. The final plan approved by the Corporation of the City of Windsor must be registered within thirty (30) days or the Corporation may withdraw its approval under Section 51(59) of The Planning Act 1990. 6. All plans of subdivision/condominium are to be prepared and presented in metric units and certified by the Ontario Land Surveyor that the final plan is in conformity to the approved zoning requirements. 7. Where agency conditions are included in the City's Subdivision Agreement, the Applicant is required to forward a copy of the agreement to the agencies in order to facilitate their clearance of conditions for final approval of this plan.
Tuesday, November 14, 2017 Page 7 of 9 IV. THAT the City Clerk and Licence Commissioner BE AUTHORIZED to issue the required notice respecting approval of the draft plan of subdivision under Section 51(37) of The Planning Act. V. THAT the subdivision agreement shall BE REGISTERED against lands to which it applies prior to the final registration of the Plan of Subdivision. VI. THAT prior to the final approval by the Corporation of the City of Windsor, the City Plannner / Executive Director of the Planning and Building Department shall BE ADVISED, in writing, by the appropriate agencies that conditions have been satisfied, VII. THAT Administration BE REQUESTED to provide information regarding the concern of area residents related to grading; and, VIII. THAT this information BE PROVIDED at the time this committee report is forwarded to Council. CARRIED. Councillor Payne voting nay, Report Number: S 185/2017 Clerk's File: 7.2. Z-018/17 [ZNG/5235] - Heritage Tire Sales Inc. 1791-1793 Benjamin Ave - Rezoning Ward 4 Adam Szymczak, author Moved by: Member Bjarneson Seconded by: Councillor Kusmierczyk Decision Number; PHED 520 THAT Zoning By-law 8600 BE AMENDED by changing the zoning of Part of Lot 1, Registered Plan 423 (PIN 01159-0226; Roll No. 030-430-12200; known municipally as 1791-1793 Benjamin Avenue; situated on the west side of Benjamin Avenue, north of Tecumseh Road East) from Residential District 1.3 (RD1.3) to Commercial District 4.1 (CD4.1). Decision Number: PHED 521 That direction be given during the Site Plan Review process for the re-development of 1791-1793 Benjamin Avenue consideration be made for the protection of the abutting residential uses and to maximize the provision of parking. CARRIED, UNANIMOUSLY. Report Number: S 189/2017 Clerk's File: 7.3. Z-019/17 [ZNG/5244] - 2178817 Ontario Inc.
Tuesday, November 14, 2017 Page 8 of 9 3255 Jefferson Blvd - Rezoning Ward8 Adam Szymczak, author Moved by: Councillor Kusmierczyk Seconded by: Member Bjarneson Decision Number: PHED 522 THAT Zoning By-law 8600 BE AMENDED by changing the zoning of Parts 2 and 5, Plan 12R- 14140, known municipally as 3255 Jefferson Boulevard, situated on the west side of Jefferson Boulevard, south and east of North Service Road, by adding a new site specific exception to Section 20(1) as follows: "352. For the lands comprising Parts 2 and 5, Plan 12R-14140, situated on the west side of Jefferson Boulevard, south and east of North Semce Road, an Automobile Repair Garage shall be an additional permitted use. [ZDM 11, 15;ZNG/5244]" CARRIED. UNANIMOUSLY. Report Number: S 190/2017 Clerk's File: 7.6. Z-020/17 [ZNG/5269] - Chapter Two Brewing - 862-866 Walker Road - Rezoning Ward5 Adam Szymczak, author Moved by: Councillor Irek Kusmierczyk Seconded by: Member Barbara Bjarneson Decision Number: PHED 523 THAT Zoning By-law 8600 BE AMENDED by changing the zoning of Part Lots 199 & 200, Registered Plan 367 (PIN 01092-0180; Roll No. 020-090-10200), known municipally as 862-866 Walker Road, situated at the southeast corner of Walker Road and Ecfna Street, by replacing Paragraph 243 in Section 20(1) with the following; "243. For the lands comprising Part Lots 199 & 200, Registered Plan 367, situated on the southeast corner of Walker Road and Edna Street, the following shall be additional permitted uses: Health Studio Micro-Brewery and for a Health Studio, a minimum of 40 on-site parking spaces shall be provided. [ZDM 6; ZNG/394; ZNG/5269]"
Tuesday, November 14, 2017 Page 9 of 9 CARRIED, UNANIMOUSLY. Report Number: S 191/2017 Clerk's File: 7.5 Z-026/17 [ZNG/5286] - City of Windsor 601 Lake Trail Dr. - Rezoning Ward 1 Jim Abbs, author Moved by: Councillor Holt Seconded by: Member Bjarneson.BE DENIED, The motion is put and is lost. Moved by: Councillor Kusmierczyk Seconded by: Councillor Payne Decision Number: PHED 524 THAT Zoning By-law 8600 BE AMENDED by deleting Section 20 (1)333. CARRIED. Councillor Holt and Barbara Bjarneson voting nay. Report Number: S 193/2017 Clerk's File: 8. ADJOURNMENT There being no further business the meeting of the Planning, Heritage and Economic Development Standing Committee is adjourned at 5:49 o'clock^ 1 'w.e/^w^' Ward 5 - Councillor Sleiman Don Wilson (Vice-Chairperson (Secretary)