CORPORATION OF THE COUNTY OF PRINCE EDWARD. June 17, Shire Hall, Picton

Transcription

1 CORPORATION OF THE COUNTY OF PRINCE EDWARD Shire Hall, Picton A Planning Public Council Meeting was held on at 7:00 p.m. in the Council Chambers, Shire Hall with the following members present: Mayor Ward 1 (Picton) Councillor Ward 1 (Picton) Councillor Ward 2 (Bloomfield) Councillor Ward 3 (Wellington) Councillor Ward 4 (Ameliasburgh) Councillor Ward 4 (Ameliasburgh) Councillor Ward 5 (Athol) Councillor Ward 6 (Hallowell) Councillor Ward 6 (Hallowell) Councillor Ward 7 (Hillier) Councillor Ward 8 (North Marysburgh) Councillor Ward 9 (South Marysburgh) Councillor Ward 10 (Sophiasburgh) Councillor Ward 10 (Sophiasburgh) Councillor Leo P. Finnegan Laverne Bailey Bev Campbell Barry Turpin Peter Mertens Sandy Latchford Lori Slik Brian Marisett Keith MacDonald Richard Parks Peggy Burris Ray Best - Chair Monica Alyea Kevin Gale John Thompson Regrets: Ward 4 (Ameliasburgh) Councillor Dianne O Brien Staff Present: Commissioner of Planning Manager of Planning Senior Planner Planner Planner Deputy Public Works Engineer Clerk Assistant to the Mayor Gerry Murphy Jo-Anne Egan Ryan Leary Damien Schaefer Brendan O Connor Ray Ford Victoria Leskie Karen Kirby 1. Call to Order The meeting was called to order at 7:00 p.m. by the Clerk.

2 2 2. Lord s Prayer The Lord s Prayer was recited. 4. Move into Committee of the Whole to Consider Staff Reports and hear Deputations Motion Moved by Seconded by Councillor Slik Councillor Gale THAT Council now move into Committee of the Whole to consider staff reports with respect to the planning applications as listed on this agenda, receive deputations and submissions related to those planning applications, and make recommendations on each application. Councillor Best assumed the Chair at 7:04 p.m. for the Committee of the Whole portion of the meeting, and called the meeting to order. 3. Disclosure of Pecuniary Interest and the General Nature Thereof Councillor Alyea declared a pecuniary interest with Item 5.8, being OPA No. 45 Winery Policy as her son-in-law works at Huff Estates winery. Councillor Alyea did not take part in any discussion or vote on the matter. Councillor Burris declared a pecuniary interest with Item 5.8, being OPA No. 45 Winery Policy as her farm property abuts a proposed winery. Councillor Burris did not take part in any discussion or vote on the matter. A meeting of the Committee of the Whole was held under Sections 22, 34 and 53 of the Planning Act. 5. Items for Consideration 5.1 William Rorabeck Part Lot 10, Concession 2 South Side of East Lake, Ward 5 (Athol) Consent File B21-09 and Zoning Amendment File Z The Committee had before it for consideration, a copy of the Staff Report and Draft Zoning By-law. The following individual appeared before Committee: a) Ernie Margetson, agent for the applicant, in opposition with the recommendation for deferral as outlined in the Planning Staff Report.

3 3 Motion CW Moved by Councillor Marisett Seconded by Councillor Slik THAT the Planning staff report dated regarding Consent File B21-09 (William Rorabeck) for lands located in Part Lot 10, Concession 2 South Side of East Lake, Ward 5 (Athol) be received; and THAT Zoning Amendment File Z (William Rorabeck) for lands located in Part Lot 10, Concession 2 South Side of East Lake, Ward 5 (Athol) BE DEFERRED until further consultation with the applicant can be done regarding a change in lot configuration. 5.2 Douglas and Lynda McGregor Part Lot 19, Concession Round Prince Edward Bay, Ward 9 (South Marysburgh) Consent File B and Zoning Amendment File Z The Committee had before it for consideration, a copy of the Staff Report and Draft Zoning By-law. The following applicant appeared before Committee: a) Douglas McGregor and his agent, Jenna Greatorex, in agreement with the recommendation as outlined in the Planning Staff Report. The following deputation appeared before Committee: a) Doug Murphy, RR 2, Milford, ON, K0K 2P0. Motion CW Moved by Councillor Alyea Seconded by Councillor MacDonald THAT the Planning Staff Report dated regarding Consent & Zoning Amendment for File No.(s) B23-09 & Z BE RECEIVED;

4 4 THAT Consent File No(s). B23-09 (Douglas & LyndaMcGregor) for lands located in Part Lot 19, Concession Round Prince Edward Bay, Ward 9 (South Marysburgh) BE APPROVED with 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 both the severed parcels created through Consent File No. B23-09, as confirmed by a licensed well driller or installer. 3. An Entrance Permit shall be obtained for the proposed severed lot and be located to the south of the Mariner s Museum, to the satisfaction of the Commissioner of Public Works. 4. Confirmation of the entrance location of the retained lands with respect to the proposed lot lines and either relocate the entrance or adjust the lot line if an encroachment exists on the proposed severed lands, to the satisfaction of the Commissioner of Public Works. 5. Road widening or confirmation thereof is required to provide a minimum of 43 feet/13 metres from the centreline of County Rd No. 13 along the frontage of the proposed severed and retained lots, to the satisfaction of the Commissioner of Public Works. 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. 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. 8. That each condition be fulfilled not later than one year from the date of mailing of the decision; and THAT Zoning Amendment Z to Comprehensive Zoning By-law No as amended (Douglas & LyndaMcGregor) for lands located in Part Lot 19, Concession Round Prince Edward Bay, Ward 9 (South Marysburgh) BE APPROVED. 5.3 Loyalist Contractors Inc. Part Lot 40, Concession 1 Northwest of Carrying Place, Ward 1 (Picton) Zoning Amendment File Z The Committee had before it for consideration, a copy of the Staff Report and Draft Zoning By-law. The following applicant appeared before Committee: a) Bob Richmond, in agreement with the recommendation as outlined in the Planning Staff Report.

5 5 Motion CW Moved by Councillor Bailey Seconded by Councillor Cambell THAT the Planning Staff Report dated regarding Zoning Amendment File Z be received; and THAT Zoning Amendment File Z to Comprehensive Zoning By-law No as amended (Loyalist Contractors) for lands located in Part Lot 40, Concession 1 Northwest of Carrying Place, Ward 1 (Picton) BE APPROVED. 5.4 Rebecca Carson Part Lots 25 and 26, Concession Bayside, Ward 8 (North Marysburgh) Consent Files B24-09 and B25-09 Zoning Amendment File Z The Committee had before it for consideration, a copy of the Staff Report and Draft Zoning By-law. The following individual appeared before Committee: a) Larry Spencer, agent for the applicant, in agreement with the recommendation, as amended, as outlined in the Planning Staff Report. Motion CW Moved by Councillor Mertens Seconded by Councillor Parks THAT the planning staff report dated regarding Consent & Zoning Amendment for File No(s). B24-09, B25-09 & Z be received; THAT Consent File No(s). B24-09 & B25-09 (Rebecca Carson), as amended, for lands located in Part Lots 25 & 26, Concession Bayside, Ward 8 (North Marysburgh) BE APPROVED with the following conditions: 1. Completed rezoning of the severed, benefitting, and retained parcels. 2. The parcel created by the approval of Consent File Nos. B24-09 and B25-09 be merged in title with lands located immediately to the north at 478 Cressy Bayside Road, owned by Rebecca Carson and that Section 50(3) of the Planning Act applies to the severed parcel for any subsequent transaction or conveyance.

6 6 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 Z to Comprehensive Zoning By-law No as amended (Rebecca Carson) for lands located in Part Lots 25 & 26, Concession Bayside, Ward 8 (North Marysburgh) BE APPROVED. 5.5 Roger and Dara Honeywood Part Lot 1, Concession 1 South East Carrying Place, Ward 6 (Hallowell) Consent Files B26-09 and B27-09 The Committee had before it for consideration, a copy of the Staff Report. Neither the Applicant nor the Agent for the applicant appeared before Committee. There were no deputations on this matter. Motion CW Moved by Councillor Latchford Seconded by Councillor MacDonald THAT the Planning Staff report dated regarding Consent Files B26-09 & B27-09 be received; and THAT Consent Files B26-09 & B27-09 (Roger & Dara Honeywood) for lands located in Part Lot 1, Concession 1 South East Carrying Place, Ward 6 (Hallowell) BE APPROVED with the following conditions: 1. 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. 2. 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. 3. That each condition be fulfilled not later than one year from the date of mailing of the decision.

7 7 4. That deeds for Consent File B74-08 be registered prior to the reciprocal service easements under Files B26-09 & B Country Club Investments Ltd., c/o Kelvin Whalen Part of Lots 10, 188, 191, 195, 196, 196B and 197, Plan 8, Ward 3 (Wellington) Official Plan Amendment File OPA (OPA #40) The Committee had before it for consideration, a copy of the Staff Report and Draft Official Plan Amendment No. 40. The following applicant before Committee: a) Kelvin Whalen, President of The Kaitlin Group and their agent, Larry Spencer, in opposition with the recommendation for deferral as outlined in the Planning Staff Report. Councillor Burris left at this point in the meeting. Councillor Burris returned at this point in the meeting. Motion CW Moved by Councillor Alyea Seconded by Councillor Bailey THAT the Planning Staff Report dated regarding Official Plan Amendment No. 40 (File OPA ) be received; and THAT Official Plan Amendment No. 40 (File OPA ) to the County Official Plan (Country Club Investments Limited) for lands located in Part of Lots 10, 188, 191, 195, 196, 196B and 197, Plan 8, Ward 3 (Wellington) BE DEFERRED and considered in conjunction with a comprehensive Wellington Secondary Plan update, the process for which will be developed and shared with Council at the September 16, 2009 Planning Public Council meeting and the subject application be brought forward at the same time. The Chair called for a 10 minute break to reconvene at 10:00 p.m. Committee reconvened with all members present, excepting Councillors Alyea, Burris and O Brien. 5.7 Corporation of the County of Prince Edward Checkerboard Lots Part of Lots , Concession 4, Ward 4 (Ameliasburgh) Zoning Amendment File Z-28-09

8 8 The Committee had before it for consideration, a copy of the Staff Report and Draft Zoning By-law. Motion CW Moved by Mayor Finnegan Seconded by Councillor Campbell 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. The following deputations appeared before Committee: a) Fernando Fernandes, 76 Acton Avenue, Toronto, ON, M3H 4H1; b) Don Miller, RR 1, 2318 Salem Road, Consecon, ON, K0K 1T0. Prior to taking the vote it was noted that Staff agreed to the matter being referred back to staff for further clarification on the status of the lots. Motion CW Moved by Councillor Campbell Seconded by Councillor Mertens That the Manager of Planning report dated on the Ameliasburgh Ward Checkerboard Lots Holding Zone be received; and THAT Zoning Amendment File Z to Comprehensive Zoning By-law No , as amended for lands located in Part of Lots 102, 103, 104, 105 and 106, Concession 4, Ward 4 (Ameliasburgh) BE REFERRED back to staff for further clarification on the status of the lots. 5.8 Corporation of the County of Prince Edward Winery Policy Official Plan Amendment File OPA (OPA #45) Zoning Amendment File Z The Committee had before it for consideration, a copy of the Staff Report, Draft Official Plan Amendment No. 45 and Draft Zoning By-law. The following deputations appeared before Committee:

9 9 a) Caroline Granger, The Grange of Prince Edward Estate Winery b) Ed Neuser, Waupoos EstatesWinery c) Catherine Langlois, Sandbanks Estate Winery d) Dan Sullivan of Rosehall Run Vineyards, submitted zoning by-law from the Niagara Region e) Nina-Marie Lister, on behalf of Prince Edward County Winegrowers Association f) Dick Singer g) Duke Defaria, 106 Taft Road h) Benjamin Simms, on behalf of Norman Hardie i) Debra Marshall j) Steve Singer k) Kemp Stewart, Hillier Creek Estates Ltd. l) Bruno Francois, The Old Third Vineyard m) Mike Trainer, 1774 Danforth Road n) Domenic DiPietrantonio, Casa-Dea Estate Winery o) Seaton McLean, Chair, Prince Edward County Winegrowers Association p) Paul Marconi, Casa-Dea Estate Winery. Councillor MacDonald left at this point in the meeting. Motion CW Moved by Councillor Marisett Seconded by Councillor Thompson THAT the Commissioner of Planning s Staff Report dated regarding proposed Official Plan Amendment No. 45 be received; THAT proposed Official Plan Amendment No. 45 be ADOPTED; THAT Zoning Amendment File No. Z to Comprehensive Zoning By-law No , as amended, BE PASSED; THAT Official Plan Amendment No. 45 be considered an initial step in incorporating policies into the Official Plan to support the growth of a creative rural economy in Prince Edward County; and That the Planning Services Department continue to investigate opportunities to incorporate policies into the Official Plan that support the growth of a creative rural economy in Prince Edward County.

10 10 6. Adjourn Committee of the Whole and rise and report to Council Motion CW Moved by Councillor Latchford Seconded by Councillor Gale THAT Committee of the Whole now rise and resume sitting as Council. Mayor Finnegan resumed sitting as Chair. 7. Motions Arising out of Committee of the Whole 7.1 Adoption of Committee of the Whole recommendations which received 2/3 majority. Motion Moved by Seconded by Councillor Gale Councillor Thompson THAT the recommendations for the following Committee of the Whole agenda items which received 2/3 majority in favour of the staff recommendations, being: 5.1 William Rorabeck, Consent File B21-09 and Zoning Amendment File Z-21-09, Ward 5 (Athol) 5.2 Douglas and Lynda McGregor, Consent File B23-09 and Zoning Amendment File Z-24-09, Ward 9 (South Marysburgh) 5.3 Loyalist Contractors Inc., Zoning Amendment File Z-25-09, Ward 1 (Picton) 5.4 Rebecca Carson, Consent Files B24-09 and B25-09 and Zoning Amendment File Z-27-09, Ward 8 (North Marysburgh) 5.5 Roger and Dara Honeywood, Consent Files B26-09 and B27-09, Ward 6 (Hallowell) 5.7 Corporation of the County of Prince Edward (Checkerboard Lots), Zoning Amendment File Z-28-09, Ward 4 (Ameliasburgh) 5.8 Corporation of the County of Prince Edward (Winery Policy), Official Plan Amendment No. 45 and Zoning Amendment File Z BE ADOPTED; and THAT the recommendation for Committee of the Whole agenda item 5.6, Country Club Investments Ltd., c/o Kelvin Whalen, Official Plan Amendment File OPA (OPA #40) be forwarded to the July 28, 2009 Council meeting for final approval.

11 11 8. By-laws for Consideration Motion Moved by Seconded by Councillor Latchford Councillor Turpin THAT the following By-laws be read a first, second and third time and finally passed: A By-law to Amend County Comprehensive Zoning By-law No , as amended (Part Lot 19, Concession RPEB, Ward 9 South Marysburgh, Douglas and Lynda McGregor). (signed as By-law No ) A By-law to Amend County Comprehensive Zoning By-law No , as amended (Part Lot 40, LRCP 28, Ward 1 Picton, Loyalist Contractors Inc.). (signed as By-law No ) A By-law to Amend County Comprehensive Zoning By-law No , as amended (Part Lots 25 and 26, Concession Bayside, Ward 8 North Marysburgh, Rebecca Carson). (signed as By-law No ) A By-law to Adopt an Amendment to the Official Plan of the Corporation of the County of Prince Edward (Winery Policy, OPA 45). (signed as By-law No ) A By-law to Amend County Comprehensive Zoning By-law No , as amended (Parts 1-10 inclusive, inclusive, inclusive and inclusive, Plan 47R-405; and Part of Lots , Ward 4 Ameliasburgh, Winery Policy). (signed as By-law No ) 9. Confirmatory By-law Motion Moved by Seconded by Councillor Marisett Councillor Campbell THAT the following By-law be read a first, second and third time and finally passed: 9.1 A By-law to Confirm the Proceedings of the Council of the Corporation of the County of Prince Edward at the meeting held on. (signed as By-law No )

12 Motion to Adjourn Motion Moved by Seconded by Councillor Parks Councillor Bailey THAT this meeting now adjourn at 12:32 a.m. on Thursday, June 18, CLERK Victoria Leskie MAYOR Leo P. Finnegan