COUNTY OF PRINCE EDWARD PLANNING SERVICES COMMITTEE A public meeting of the Planning Services Committee was held under Sections 21, 34 and 53 of the Planning Act on Wednesday, February 25, 2009 at 6:00 p.m. in the Council Chambers, Shire Hall. The following members were present: Ward 1 (Picton) Councillor Ward 4 (Ameliasburgh) Councillor Ward 4 (Ameliasburgh) Councillor Ward 5 (Athol) Councillor Ward 6 (Hallowell) Councillor Ward 9 (South Marysburgh) Councillor Ward 10 (Sophiasburgh) Councillor Laverne Bailey Dianne O Brien Lori Slik, Vice Chair Brian Marisett, Chair Keith MacDonald Monica Alyea John Thompson Regrets: Mayor Leo P. Finnegan Other members of Council present: Ward 1 (Picton) Councillor Ward 2 (Bloomfield) Councillor Ward 3 (Wellington) Councillor Ward 8 (North Marysburgh) Councillor Bev Campbell Barry Turpin Peter Mertens Ray Best The following Staff were present: Commissioner of Planning Services Manager of Planning Senior Planner Deputy Engineer Assistant to the Mayor Gerry Murphy Jo-Anne Egan Ryan Leary Ray Ford (arrived at 6:40 p.m.) Karen Kirby 1. Call to Order The meeting was called to order by the Chair at 6:00 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest at this time.
3. Applications Motion PL-11-2009 Councillor MacDonald THAT agenda item 3.8, being applications by Jim, Judy and Robert Plomer for lands located in South Marysburgh Ward be brought forward for consideration following agenda item 3.2. Motion PL-12-2009 Councillor Bailey THAT Item 3.11, being Zoning Amendment File Z-10-09 to Comprehensive Zoning Bylaw No. 1816-2006 as amended (Joan Tobin) for lands located in Part Lots 22 and 23, Concession Round Prince Edward Bay, Ward 9 (South Marysburgh) be removed from the agenda at the request of the applicant. 3.1 MJM (Picton) Enterprises Ltd. Lot 1506, Plan 24, Ward 1 Picton Malcolm McFarland, President of MJM (Picton) Enterprises Ltd., addressed Committee regarding the easement access and sewer/waterline connections on the subject lands in relation to Consent File B-77-08. Motion PL-13-2009 Councillor Bailey THAT the concerns of Malcolm McFarland regarding the easement access and sewer/waterline connections on the lands located in Lot 1506, Plan 24, Ward 1 (Picton) be referred to Planning and Public Works staff and the County Solicitor for further review. Motion PL-14-2009 Councillor Slik Councillor Bailey THAT the deputation of Malcolm McFarland regarding Consent File B-77-08, MJM (Picton) Enterprises Ltd. be received. 2
3.2 6876307 Canada Ltd. (Shoppers Drug Mart) Part Lots 617-621 and Part Lot 623, Plan 24, Ward 1 (Picton) The Committee received a verbal report on the following correspondence received by the Planning Department that was not included with the printed agenda: a) Letter dated January 19, 2009 from Amy Melchiorre, 17 Prospect Avenue, Picton, ON, K0K 2T0; b) Letter dated January 23, 2009 from Chris Stoyanovich, Director of Planning and Development for Shoppers Drug Mart/Pharmaprix, 243 Consumers Road, Toronto, ON, M2J 4W8; c) Letter dated January 26, 2009 from Brian Clark Architect, 525 County Road 11, RR 1, Picton, ON, K0K 2T0; d) Letter dated January 27, 2009 from Anna Stellatos, Angelo s Restaurant, 79 Main Street, Picton, ON, K0K 2T0; e) Email dated February 24, 2009 from Edie Glazer, 17 Vernham Avenue, Toronto, ON, M2L 2B1. The following individuals appeared before Committee: a) Deanna Schlosser of Armstrong Hunter & Associates Planning Consultants, John Berrington of BA Group Traffic Consultants, and Peter Kulkarni of Shoppers Drug Mart on behalf of the applicant, in agreement with the recommendations as outlined in the Planning Staff Report. The following deputations appeared before Committee in opposition: a) Amy Melchiorre, 17 Prospect Avenue, Picton, ON, K0K 2T0; b) Anna Stellatos, Angelo s Restaurant & Pizza, 79 Main Street, Picton, ON, K0K 2T0; c) John Hill, PO Box 6067, 1109 County Road 8, Picton, ON, K0K 2T0. 3
Motion PL-15-2009 Councillor Slik THAT Zoning Amendment File Z-07-09 to Comprehensive Zoning By-law No. 1816-2006 as amended (6876307 Canada Limited (Shoppers Drug Mart)) for lands located in Part Lots 617-621 and Part Lot 623, Plan 24, Ward 1 (Picton) BE APPROVED. LOST *** Planning Motion PL-15-2009 was by Council Motion 2009-71 at the March 9, 2009 Council Meeting. Councillor Best left the meeting at this point. The Chair called for a 10 minute break to reconvene at 8:15 p.m. Committee reconvened with all members present except Mayor Finnegan. Councillors Campbell, Mertens and Turpin were also present. 3.8. Jim, Judy and Robert Plomer Part Lots 23 and 24, Concession Round Prince Edward Bay Ward 9 (South Marysburgh) Meeting, Staff Report, Draft Official Plan Amendment #44 and Draft Zoning By-law. The Committee received a verbal report on the following correspondence received by the Planning Department that was not included with the printed agenda: a) Email dated February 22, 2009 from Meg and David Hill, 89 Colliers Road, Milford, ON, K0K 2P0; b) Email dated February 22, 2009 from Michael Harris and Marisa Peralta, 85B Colliers Road, Milford, ON, K0K 2P0; c) Letter dated February 25, 2009 from Mary Alix Gronau, 660 Niagara Street, #402, Victoria, BC, V8V 1J2 and Anna Feldman Gronau, 1959 Fairfield Place, Victoria, BC, V8S 4J5; d) Letter dated February 25, 2009 from Paul Schechter and Mariah Bathayim, 45 Colliers Road, Milford, ON, K0K 2P0. The following individual appeared before Committee: a) Jenna Greatorex, agent for the applicants. Ms. Greatorex requested a deferral of the subject applications to allow the applicants time to meet with Staff to further discuss options for the subject lands. The following deputations appeared before Committee: a) Dale Hughes, RR 2, Milford, ON, K0K 2T0; 4
b) Mariah Bathayim, 45 Colliers Road, Milford, ON, K0K 2P0. Motion PL-16-2009 Councillor O Brien THAT Official Plan Amendment No. 44 (File OPA#1-2009) to the County Official Plan (Jim, Judy and Robert Plomer) for lands located in Part Lots 23 and 24, Concession Round Prince Edward Bay, Ward 9 (South Marysburgh), BE DEFERRED to allow the applicants time to meet with Staff to further discuss options for the subject lands; THAT Consent File B11-09 (Jim, Judy and Robert Plomer) for lands located in Part Lots 23 and 24, Concession Round Prince Edward Bay, Ward 9 (South Marysburgh) BE DEFERRED; and THAT Zoning Amendment File Z-08-09 to Comprehensive Zoning By-law No. 1816-2006 as amended (Jim, Judy and Robert Plomer) for lands located in Part Lots 23 and 24, Concession Round Prince Edward Bay, Ward 9 (South Marysburgh), BE DEFERRED. 3.3 Andrew Margetson and Bridget Stevenson Part Lot 85, Concession 5, Ward 7 (Hillier) The following individual appeared before Committee: a) Ernie Margetson, agent for the applicants, in agreement with the recommendations as outlined in the Planning Staff Report. Motion PL-17-2009 Councillor Slik Councillor O Brien THAT Consent File B1-09 (Andrew Margetson and Bridget Stevenson) for lands located in Part Lot 85, Concession 5, Ward 7 (Hillier) BE APPROVED, subject to the following conditions: 1. Completed rezoning of the severed and retained parcels. 2. Satisfying all requirements of the Public Works Department, including road widening, or confirmation thereof, to provide a minimum of 33 feet (10 m) 5
from the centerline of Melville Road along the frontage of the proposed severed and retained lots to the satisfaction of the Commissioner of Public Works. 3. That the applicants provide one white print of a deposited plan of reference of the severed land which conforms substantially with the application as submitted. If available, a digital copy of the final survey be provided in a suitable format to the County of Prince Edward Planning Services Department. 4. That the applicant provide the County of Prince Edward with a registrable description on a deed (in triplicate) conveying the severed lands, for use for the issuance of the Certificate of Consent. 5. That each condition be fulfilled not later than one year from the date of mailing of the decision.; and THAT Zoning Amendment File Z-02-09 to Comprehensive Zoning By-law No. 1816-2006 as amended (Andrew Margetson and Bridget Stevenson) for lands located in Part Lot 85, Concession 5, Ward 7 (Hillier) BE APPROVED. 3.4 Donald Wakefield Part Lot 31, Concession 3, Ward 7 (Hillier) The following individual appeared before Committee: a) Larry Spencer, agent for the applicant, in agreement with the recommendations as outlined in the Planning Staff Report. Motion PL-18-2009 Councillor O Brien Councillor MacDonald THAT Consent Files B2-09 and B3-09 (Donald Wakefield) for lands located in Part Lot 31, Concession 3, Ward 7 (Hillier) BE APPROVED, subject to the following conditions: 1. Completed rezoning of the severed and retained parcels. 2. Fulfilling all requirements of the Public Works Department, including road widening or confirmation thereof to provide a minimum of 43 feet (13 metres) from the centreline of County Road 27 along the frontage of the proposed severed and retained properties, to the satisfaction of the Commissioner of Public Works. 3. That the applicant completes the conservation or preservation of the identified archaeological site, to the satisfaction of the Ministry of Culture. 6
4. That the applicant provides one white print of a deposited plan of reference of the severed land which conforms substantially with the application as submitted. If available, a digital copy of the final survey be provided in a suitable format to the County of Prince Edward Planning Services Department. 5. That the applicant provides the County of Prince Edward with a registrable description on a deed (in triplicate) conveying the severed lands, for use for the issuance of the Certificate of Consent. 6. That each condition be fulfilled not later than one year from the date of mailing of the decision.; and THAT Zoning Amendment File Z-03-09 to Comprehensive Zoning By-law No. 1816-2006 as amended (Donald Wakefield) for lands located in Part Lot 31, Concession 3, Ward 7 (Hillier) BE APPROVED. 3.5 Giuseppe Frank Romano Part Lot 20, Concession 1 South East Carrying Place, Ward 6 (Hallowell) The following applicant appeared before Committee: a) Giuseppe Romano, in agreement with the recommendations as outlined in the Planning Staff Report. At this point in the meeting, Councillor MacDonald disclosed an interest with Item 3.5, as he is related to an individual who is appearing before Committee in opposition to the subject application. Councillor MacDonald did not take part in the discussion or vote on the matter. The following deputations appeared before Committee in opposition: a) Larry Matheson, 17 Philip Street, Picton, ON, K0K 2T0; b) Matt Rowan, 19 Phillip Street, Picton, ON, K0K 2T0. Mr. Rowan advised he was also speaking on behalf of neighbouring residents in the Low Street/Philip Street vicinity, being Don Hynde, Daniel Mabee, Earl Foster and T. Gilbert. Motion PL-19-2009 Councillor Bailey 7
THAT Consent Files B4-09, B5-09 and B6-09 (Giuseppe Frank Romano) for lands located in Part Lot 20, Concession 1 South East Carrying Place, Ward 6 (Hallowell) BE APPROVED, subject to the following conditions: 1. Completed rezoning of all the severed and retained parcels. 2. That each condition be fulfilled not later than one year from the date of mailing of the decision. 3. Satisfying all requirements of the Public Works Department, including road widening or confirmation thereof to provide a minimum of 33 feet (10 metres) from the centreline of John Street along the entire proposed severed and retained lots, to the satisfaction of the Commissioner of Public Works. 4. The provision of sufficient land for a Daylight Triangle measuring from the south-west corner of the intersection of John Street and the future easterly extension of Low Street for a distance of 10 feet (3 m) by 10 feet (3 m), to the satisfaction of the Commissioner of Public Works. 5. The provision of a lot drainage plan, prepared by a qualified professional, detailing how existing and proposed drainage will be accomplished for all three (3) proposed severed lots, as created through Consent Files B4-09, B5-09 and B6-09, to the satisfaction of the Commissioner of Public Works. 6. All sanitary sewer lateral connections and municipal water services connections be installed for all three (3) severed lots, as created by Consent Files B4-09, B5-09 and B6-09, to the satisfaction of the Commissioner of Public Works. 7. That all costs associated with the connecting and construction of water and sewer connections will be the sole responsibility of the applicant, including but not limited to road, sidewalk, curb and boulevard rehabilitation, all to the satisfaction of the Commissioner of Public Works. 8. That the applicants provide one white print of a deposited plan of reference of the severed parcels which conforms substantially with the application as submitted. If available, a digital copy of the final survey be provided in a suitable format to the County of Prince Edward Planning Services Department. 9. That the applicant provide the County of Prince Edward with a registrable description on a deed (in triplicate) conveying the severed lands, for use for the issuance of the Certificate of Consent.; THAT Zoning Amendment File Z-04-09 to Comprehensive Zoning By-law No. 1816-2006 as amended (Giuseppe Frank Romano) for lands located in Part Lot 20, Concession 1 South East Carrying Place, Ward 6 (Hallowell) BE APPROVED; and THAT no further notice is required pursuant to Section 34(17) of the Planning Act. Councillor Campbell left the meeting at this point. 3.6 Lloyd and Myrna Spencer Part Lots 73-76, Concessions 1 and 2, Ward 4 (Ameliasburgh) 8
The following individual appeared before Committee: a) Larry Spencer, agent for the applicant, in agreement with the recommendations as outlined in the Planning Staff Report. Motion PL-20-2009 Councillor Thompson THAT the provisions of the Procedure By-law be waived to allow the meeting to continue beyond the three-hour limit until either the agenda is completed or a motion to recess/reconvene the meeting. Motion PL-21-2009 Councillor O Brien Councillor Slik THAT Consent Files B7-09, B8-09 and B9-09 (Lloyd and Myrna Spencer) for lands located in Part Lots 73-76, Concessions 1 and 2, Ward 4 (Ameliasburgh) BE APPROVED, subject to the following conditions: 1. Completed rezoning of the severed and retained parcels. 2. Fulfilling all requirements of the Public Works Department, including road widening or confirmation thereof to provide a minimum of 33 feet (10 metres) from the centreline of Spencer Road along the frontage of all lots proposed to be severed and retained through Consent Files B7-09, B8-09 and B9-09. 3. That the applicants provide property for a turnaround at the end of the travelled Spencer Road road allowance, to the satisfaction of the Commissioner of Public Works. 4. That Encroachment Agreements be completed for each encroachment to the satisfaction of the Commissioner of Public Works, save and except for the most easterly garage structure for Consent File B8-09 which is to be removed, to the satisfaction of the Commissioner of Public Works. 5. That the applicants provide one white print of a deposited plan of reference of the severed land which conforms substantially with the application as submitted. If available, a digital copy of the final survey be provided in a suitable format to the County of Prince Edward Planning Services Department. 6. That the applicant provide the County of Prince Edward with a registrable description on a deed (in triplicate) conveying the severed lands, for use for the issuance of the Certificate of Consent. 9
7. That each condition be fulfilled not later than one year from the date of mailing of the decision.; and THAT Zoning Amendment File Z-05-09 to Comprehensive Zoning By-law No. 1816-2006 as amended (Lloyd and Myrna Spencer) for lands located in Part Lots 73-76, Concessions 1 and 2, Ward 4 (Ameliasburgh) BE APPROVED. 3.7 1018105 Ontario Inc. Part Lot 2, Concession 2 North West West Lake, Ward 6 (Hallowell) The following applicant appeared before Committee: a) Bob Hunter on behalf of 1018105 Ontario Inc. and his agent, Larry Spencer, in opposition with the recommendation as outlined in the Planning Staff Report. Motion PL-22-2009 Councillor MacDonald Councillor Slik THAT Consent File B10-09 (1018105 Ontario Inc.) for lands located in Part Lot 2, Concession 2 North West West Lake, Ward 6 (Hallowell) BE APPROVED subject to the following conditions: 1. Completed rezoning of the severed, benefitting, and retained parcels. 2. Proof of a ground water source, including drilled wells and dug wells, with a minimum supply of three gallons per minute (3 gal/min.) on the 1 acre retained parcel created through Consent File B10-09, as confirmed by a licensed well driller or installer. 3. That the subject lands be merged in title with lands located immediately to the north and that Section 50(3) of the Planning Act applies to the severed parcel for any subsequent transaction or conveyance. 4. Satisfying all requirements of the Public Works Department, including road widening or confirmation thereof to provide a minimum of 33 feet (10 metres) from the centreline of Gilead Road along the frontage of the proposed severed and retained lots, to the satisfaction of the Commissioner of Public Works. 5. That each condition be fulfilled not later than one year from the date of mailing of the decision. 6. That the applicants provide one white print of a deposited plan of reference of the severed land which conforms substantially with the application as submitted. If available, a digital copy of the final survey be provided in a suitable format to the County of Prince Edward Planning Services Department. 10
7. That the applicant provide the County of Prince Edward with a registrable description on a deed (in triplicate) conveying the severed lands, for use for the issuance of the Certificate of Consent.; and THAT Zoning Amendment File Z-06-09 to Comprehensive Zoning By-law No. 1816-2006 as amended (1018105 Ontario Inc.) for lands located in Part Lot 2, Concession 2 North West West Lake, Ward 6 (Hallowell) BE APPROVED. Councillor Turpin left the meeting at this point. Item 3.8 was considered earlier in the agenda under Motion PL-16-2009. 3.9 Marguerite Greer Part Lots 199 and 200, Plan 8, Ward 3 (Wellington) The following individual appeared before Committee: a) Ernie Margetson, agent for the applicant, in agreement with the recommendations as outlined in the Planning Staff Report. Motion PL-23-2009 Councillor MacDonald Councillor O Brien THAT Consent File B12-09 (Marguerite Greer) for lands located in Part of Lots 199 and 200, Plan 8, Ward 3 (Wellington) BE APPROVED subject to the following conditions: 1. Completed rezoning of the severed, benefitting and retained parcels. 2. That the subject lands be merged in title with lands located immediately to the south and that Section 50(3) of the Planning Act applies to the severed parcel for any subsequent transaction or conveyance. 3. Satisfying all requirements of the Public Works Department, including a 0.3 metre (1 foot) reserve to be created and deeded to the County, at the owner s expense, at the end of Cleminson Street, across the entire length of the road allowance, to the satisfaction of the Commissioner of Public Works. 4. That the applicants provide one white print of a deposited plan of reference of the severed land which conforms substantially with the application as submitted. If available, a digital copy of the final survey be provided in a suitable format to the County of Prince Edward Planning Services Department. 11
5. That the applicant provide the County of Prince Edward with a registrable description on a deed (in triplicate) conveying the severed lands, for use for the issuance of the Certificate of Consent. 6. That each condition be fulfilled not later than one year from the date of mailing of the decision.; and THAT Zoning Amendment File Z-09-09 to Comprehensive Zoning By-law No. 1816-2006 as amended (Marguerite Greer) for lands located in Part of Lots 199 and 200, Plan 8, Ward 3 (Wellington) BE APPROVED. Councillor Mertens left the meeting at this point. 3.10 David and Amanda Rowlandson Part Lot 76, Concession 5, Ward 7 (Hillier) The following applicant appeared before Committee: a) David Rowlandson, in agreement with the recommendations as outlined in the Planning Staff Report. The following deputations appeared before Committee: a) George Georgiou, 15 Forrester Court, Belleville, ON, K8P 5C9; b) Nathan Krentz, 193 Carter Road, RR 2, Consecon, ON, K0K 1T0. Motion PL-24-2009 Councillor O Brien Councillor Slik THAT Consent File B13-09 (David and Amanda Rowlandson) for lands located in Part Lot 76, Concession 5, Ward 7 (Hillier) BE APPROVED subject to the following conditions: 1. Completed rezoning of the severed and retained parcels. 2. Proof of a ground water source, including drilled wells and dug wells, with a minimum supply of three gallons per minute (3 gal/min.) on the severed parcel created through Consent File B13-09, as confirmed by a licensed well driller or installer. 3. Satisfying all requirements of the Public Works Department, including road widening, or confirmation thereof, to provide a minimum of 33 feet (10 m) from the centerline of Carter Road along the frontage of the proposed severed and retained lots to the satisfaction of the Commissioner of Public Works. 12
4. That the applicants provide one white print of a deposited plan of reference of the severed land which conforms substantially with the application as submitted. If available, a digital copy of the final survey be provided in a suitable format to the County of Prince Edward Planning Services Department. 5. That the applicant provide the County of Prince Edward with a registrable description on a deed (in triplicate) conveying the severed lands, for use for the issuance of the Certificate of Consent. 6. That each condition be fulfilled not later than one year from the date of mailing of the decision.; and THAT Zoning Amendment File Z-11-09 to Comprehensive Zoning By-law No. 1816-2006 as amended (David and Amanda Rowlandson) for lands located in Part Lot 76, Concession 5, Ward 7 (Hillier) BE APPROVED. Item 3.11 was removed from the agenda by Motion PL-12-2009. 3.12 Anne McLay and Kathleen Brickman Part Lot 5, Block 15, Ward 9 (South Marysburgh) The following applicants appeared before Committee: a) Anne McLay and Kathleen Brickman, in agreement with the recommendations as outlined in the Planning Staff Report. Motion PL-25-2009 Councillor Bailey THAT Zoning Amendment File Z-12-09 to Comprehensive Zoning By-law No. 1816-2006 as amended (Anne McLay/Kathleen Brinkman) for lands located in Part Lot 5, Block 15, Ward 9 (South Marysburgh) BE APPROVED. 4. Next Meeting Date The next public meeting of the Planning Services Committee will be held on Wednesday, March 25, 2009 at 7:00 p.m. in the Council Chambers, Shire Hall. Motion PL-26-2009 13
Councillor MacDonald THAT the Planning Services Committee now adjourn at 10:15 pm. CLERK Victoria Leskie MAYOR Leo P. Finnegan 14