A Planning Public Council Meeting was held on November 21

THE CORPORATION OF THE COUNTY OF PRINCE EDWARD

November 21 , 2018

A Planning Public Council Meeting was held on November 21 , 2018 at 7:00 p.m. in theCouncil Chambers, Shire Hall with the following members present:

MayorWard 'l (Picton) CouncillorWard 2 (Bloomfield) CouncillorWard 3 (Wellington) CouncillorWard 4 (Ameliasburgh) CouncillorWard 6 (Hallowell) CouncillorWard 6 (Hallowell) CouncillorWard 8 (North Marysburgh) CouncillorWard 10 (Sophiasburgh) CouncillorWard 10 (Sophiasburgh) Councillor

Robert L. Quaiff

Treat Hull

Barry TurpinJim DunlopRoy PennellGordon Fox

Brad Nieman

Steve FergusonKevin Gale

Bill Roberts

Regrets:

Ward 1 (Picton) CouncillorWard 4 (Ameliasburgh) CouncillorWard 4 (Ameliasburgh) CouncillorWard s (Athol) CouncillorWard 7 (Hillier) CouncillorWard 9 (South Marysburgh) Councillor

Lenny EpsteinDianne O'Brien

Janice MaynardJamie Forrester

Steven Graham

David Harrison

Staff Present:

Planning ManagerPlanning Coordinator, PolicyDevelopment EngineerDeputy Clerk

Paul Walsh

Cristal Laanstra

Peter AngeloLaura McMahon

1. Call to Order

The meeting was called to order at 7:00 p.m. by the Mayor.

2. Confirmation of Agenda

2.I Motion to Confirm Agenda

Planning Public Council Meeting MinutesNovember21, 2018

Adopted as circulated to Council on December 18, 2018

Motion 2018-482

Moved by Councillor HullSeconded by Councillor Turpin

THAT the agenda for the Planning Public Council meeting of November 21, 2018be confirmed.

CARRIED

Disclosure of Pecuniary Interest and the General Nature Thereof

There were no disclosures of pecuniary interest declared at this time.

4. Move into Committee of the Whole to consider Staff Reports and hearDeputations

4.I Motion to move into Committee of the Whole

3.

Motion 2018-483

Moved by Councillor DunlopSeconded by Councillor Fox

THAT Council now move into Committee of the Whole to consider staff reportswith respect to the planning applications as Iisted on this agenda, receivedeputations and submissions related to those planning applications, and makerecommendations on each application.

CARRIED

s. Items for Consideration

5.I Fernandes, Fernando and Chaves, MariaLakeside Drive/Loyalist Parkway - Part of West % Lot 104Part Lots 105-106 Concession 4, Parts 1-26 & 41 47R405

Ward 4 (Ameliasburgh)Consent Files B66-18, B67-18, B68-18, B69-18Zoning Amendment File Z56-18(Refer to By-law 9.1 .1 )

The Committee had before it for consideration a copy of the staff report andrecommendations.

The applicant's agent, Ray Essiambre, appeared before Committee, and advised thathis client is in agreement with all conditions.

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There were no other deputations on this matter.

Motion CW-458-2018

Moved by Councillor FergusonSeconded by Councillor Roberts

THAT the report of the Engineering, Development and Works Commission datedNovember 21, 2018 regarding Consent File Nos.: B66-18, B67-18 B68-18, B69-18and Zoning By-Law Amendment File No. Z56-18, be received;

THAT Consent File No. B66-18, B67-18, B68-18 & B69-18 (Fernando Fernandesand Maria Chaves) for lands located in Part of West !"i Lot 104, Part Lots 105-106

a Concession 4, Parts 1-26 & 41 47R405, Ward 4 (Ameliasburgh), be approvedsubject to the following conditions:

1. Eachconditionshallbefulfillednolaterthanoneyearfromthedateofmailing of the decision;2. Prior to any deed being certified hereunder all of the subject PINs are to beconveyed to one and the same owner and merged into on PIN;3. Approved rezoning of the subject lands;4. The County may not have clear title to the road that abuts the subjectproperty included in this proposal. The applicant will be required to confirm titleof the road allowance and provide that information to the Engineering,Development and Works Commission. If it is confirmed that the applicant has titleto any portion of the road allowance, the applicant will be responsible for allcosts to provide clear title of the subject road allowance to the County, includingany additional width needed to accommodate the existing travelled road,shoulders and drainage works, all to the satisfaction of the Commissioner ofEngineering, Development and Works;s. Convey to the County, at no cost and free and clear of all encumbrancesand fencelines, road widening or confirmation thereof for provision of 10 metres(33 ft.) of road allowance from centreline of the travelled portion of LakesideDrive and 15 metres (50 ft.) of road allowance from centreline of the travelledportion of Loyalist Parkway across the frontage of the severed and retainedproperty in this proposal to the satisfaction of the Commissioner of Engineering,Development and Works;6. Priortoendorsingthedeedfortheseveredlots(B66-18,B67-18,B68-18,B69-18), the Commissioner of Engineering Development and Works shall indicatesatisfaction with the Applicant's Iot grading and drainage plan prepared by aqualified professional. The plan shall address how existing and proposeddrainage will be handled, including roadside ditching clean-outs andimprovements. The drainage plan shall be registered on the title of the subjectIands through a consent development agreement;7. For severed lot B66-18, a O.30 metre (1 foot) reserve be provided along thefrontages of Lakeside Drive and Loyalist Parkway in favour of the County of

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Prince Edward to the satisfaction of the Commissioner of Engineering,Development and Works;8. The applicant provide proof of a ground water source, including drilledwells and dug wells, with a minimum supply of three gallons per minute (3gal/min.) and that the wells were constructed on the severed parcel(s) createdthrough Consent File Nos. B66-18 and B67-18 in accordance with the Ministry ofthe Environment requirements, as confirmed in writing by a licensed well drilleror installer;9. For Consent File Nos. B66-18, B67-18 and B68-18, B69-18, the applicantprovide a signed copy of the consent agreement with the Municipality that isregistered on title of the entire subject property prior to the issuance of theCertificate of Consent that includes the following special clauses:

"The Corporation of the County of Prince Edward makes no warranty orrepresentation regarding the quality and/or quantity and/or impact of the watersupply for the severed and/or the retained lot. If at any time or times the quantityand/or quality of the groundwater was, is, or becomes deficient or inadequate inany way or causes, directly or indirectly, an adverse impact, The Corporation ofthe County of Prince Edward hereby expressly disclaims any responsibility orliability whatsoever for any consequences, whether direct or indirect. The Iandowner acknowledges being solely responsible for being satisfied as to thequality, quantity, and impact of water supply for the severed and/or retainedlot(s).

10. TheownersprovidetheMunicipalitywithachequeintheamountof$3,000($1,500 per Iot) as total payment-in-lieu of parkland dedication contribution of thenew lot created through Consent File Nos. B66-18 and B67-18 as required by By-law No. 4135-2017.

11. Subsections3and5ofSection50ofthePIanningAct,R.S.0,l990shallapply to any subsequent conveyance of or transaction involving the lots severedby Consent File Nos. B68-18 and B69-18;12. ThesolicitorfortheapplicantshallsubmitapersonalUndertakingtotheEngineering, Development and Works Office to prepare and register with theLand Titles Office an Application to Consolidate Parcels for those lands beingsevered by Consent File Nos. B68-18 and B69-18 and the correspondingbenefitting lands, and to provide the Engineering, Development and Works Officewith a copy of the registered Application to Consolidate Parcels concurrently andas soon as possible after the registration of the severance transfer (s) anddesignation of the new PINs to the severed land;13. The owners provide two (2) white prints and a digital copy in suitableformat, preferably .dwg, of the final deposited plan of reference which is toconform substantially to the application as approved;14. The owners provide the Municipality with a registrable description on adeed conveying the severed Iands for use for the issuance of the Certificate ofConsent; and

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THAT Zoning Amendment File No.: Z56-18 (Fernando Fernandes and MariaChaves) for lands located in Part of West '/i Lot 104, Part Lots 105-106Concession 4, Parts 1-26 & 41 47R405, Ward 4 (Ameliasburgh) be approved.

CARRIED with a

2/3 majority

5.2 Hobson. Monica

Vacant lot to the east of 1018 Greer Road

Part Lot 19 Concession 2, Part 1 47R7465

Ward 7 (Hillier)Consent File B73-18

Zoning Amendment File 260-18(Refer to By-law 9.1 .2)


The applicant, Brian Hobson, appeared before Committee, and advised that he is inagreement with all conditions.


Motion CW-459-2018

Moved by Councillor FoxSeconded by Councillor Hull

THAT the report of the Engineering, Development and Works Commission datedNovember 21, 2018, regarding Consent File No. B73-18 and Zoning By-lawAmendment No. 260-18 be received;

THAT Consent File No. B73-18 (Monica Hobson) for the lands located east of 1018Greer Road, described as Part of Lot 19, Concession 2, being Part 1 on 47R-1585in the Ward of Hillier be approved subject to the following conditions:

1. Eachconditionshallbefulfillednolaterthanoneyearfromthedateofmailing of the decision;2. Approved rezoning of the subject lands;3. The County may not have clear title to the lands for Greer Road that abutthe subject lands included in this proposal. The applicant will be responsible forall costs to provide clear title to the Iands for the subject road allowances to theCounty, including any additional width needed to accommodate the existingtravelled roads, shoulders and drainage works, all to the satisfaction of theCommissioner of Engineering, Development and Works;

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Adopted as circulated to Council on December 1 8, 2018

4. Roadwideningorconfirmationthereoffortheprovisionof10metres(33feet) of road allowance from the centreline of the travelled portion of Greer Roadacross the frontage of the severed and retained parcel in this proposal to thesatisfaction of the Commissioner of Engineering, Development and Works;s. Subsections 3 and s of Section 50 of the Planning Act, R.S.0, 1990 shallapply to any subsequent conveyance of or transaction involving the lots severedby Consent File No. B73-18;6. The solicitor for the applicant shall submit a personal Undertaking to theEngineering, Development and Works Office to prepare and register with theLand Titles Office an Application to Consolidate Parcels for those lands beingsevered by Consent File No. B73-18 and the corresponding benefitting lands, andto provide the Engineering, Development and Works Office with a copy of theregistered Application to Consolidate Parcels concurrently and as soon aspossible after the registration of the severance transfer (s) and designation of thenew PINs to the severed Iand;7. The owners provide two (2) white prints and a digital copy in a suitableformat preferably .dwg of the final deposited plan of reference for the severedlands which is to conform substantially to the application as approved;8. The owners provide the Municipality with a registerable description on a deedconveying the severed lands for use for the issuance of the Certificate ofConsent; and

THAT Zoning Amendment File No. 260-18 (Monica Hobson) for the lands Iocatedeast of 1018 Greer Road, described as Part of Lot 19, Concession 2, being Part 1on 47R-1585 in the Ward of Hillier be approved.

CARRIED with a

2/3 majority

5.3 Myderwyk, Johannes & Lucia3247 County Road 1 - Lot 20 Registrar'sCompiled Plan 33; Ward 6 (Hallowell)Consent Files B74-18, B75-18

Zoning Amendment File Z62-18

This item has been deferred to January, 2019.

5.4 Armstrong, Thomas and Brenda548D Old Milford Road (Miller Road) - Part Lot 1-2, Plan 3Gore B, Part 1 & 2 47R4176 T/W PE 157333Ward 6 (Hallowell)Consent File B76-18

Zoning Amendment File Z63-18(Refer to By-law 9.1 .4)

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Planning Public Council Meeting MinutesNovember21, 2018Adopted as circulated to Council on December 18, 2018


The Agent, Steven Watson, appeared before Committee, and advised his clients are inagreement with all conditions.


Motion CW-460-2018

Moved by Councillor NiemanSeconded by Councillor Roberts

THAT the report of the Engineering, Development and Works Commission datedNovember 21, 2018, regarding Consent File No. B76-18 and Zoning By-lawAmendment No. Z63-18 is received;

THAT Consent File No. B76-18 (Brenda and Thomas Armstrong) for the landsmunicipally known as 548D Old Milford Road, described as Part of Lot 1 to 2, Plan3, Gore B, Part 1 & 2 on 47R-4176 T/W PE 157333 in Ward of Hallowell, beapproved subject to the following conditions:

1. Each condition shall be fulfilled no later than one year from the date ofmailing of the decision;2. Approved rezoning of the subject lands;3. The County may not have clear title to the lands for Old Milford Road andMiller Road that abut the subject lands included in this proposal. The applicantwill be responsible for all costs to provide clear title to the lands for the subjectroad allowances to the County, including any additional width needed toaccommodate the existing travelled roads, shoulders and drainage works, all tothe satisfaction of the Commissioner of Engineering, Development and Works;4. Roadwideningorconfirmationthereoffortheprovisionof10metres(33feet) of road allowance clear of encumbrances, building, structures and fencingfrom the centreline of the travelled portion of Old Milford Road across thefrontage of the severed and retained parcels in this proposal to the satisfaction ofthe Commissioner of Engineering, Development and Works;s. Road widening or confirmation thereof for the provision of 10 metres (33feet) of road allowance clear of encumbrances, building, structures and fencingfrom the centreline of the travelled portion of Miller Road across the frontage ofthe severed and retained parcels in this proposal to the satisfaction of theCommissioner of Engineering, Development and Works;6. At the intersection of Miller Road and Old Milford Road, a sight triangle beconveyed as part of the road widening to the County of Prince Edward to theextent of 9 metres (as measured along widened Old Milford Road) by 9 metres (asmeasured along widened Miller Road), or as otherwise specified by theCommissioner of Engineering, Development and Works.

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Planning Public Council Meeting MinutesNovember 21, 2018


7. That the applicant construct a drilled well or dug well with a minimumsupply of three gallons per minute (3 gal/min) that meets the Ministry of theEnvironment and Climate Change requirements on the severed parcel createdthrough B76-18, as confirmed in writing by a licensed well driller or installer;8. For Consent File No. B76-18, the applicant provide a signed copy of a consentagreement with the Municipality that is registered on title of the entire subjectIands prior to the issuance of the Certificate of Consent that includes thefollowing clause:

"The Corporation of the County of Prince Edward makes no warranty orrepresentation regarding the quality and/or quantity and/or impact of the watersupply for the severed and/or the retained lot. If at any time or times the quantityand/or quality of the groundwater was, is or becomes deficient or inadequate inany way or- causes, directly or indirectly, an adverse impact, The Corporation ofthe County of Prince Edward hereby expressly disclaims any responsibility orIiability whatsoever for any consequences, whether direct or indirect. The Iandowner acknowledges being solely responsible for being satisfied as to thequality, quantity and impact of water supply for the severed and/or retained lot."

9. Theownerprovidesthemunicipalitywithachequeintheamountof$'l,500as total payment-in-lieu of parkland dedication contribution for the new lotcreated through Consent File No. B76-18 as required by By-law No. 4135-2017;10. Priortotheendorsingofthedeedfortheseveredlots,theCommissionerof Engineering Development and Works shall indicate satisfaction with theApplicant's lot grading and drainage plan prepared by a Professional Engineer(P.Eng) or an Ontario Land Surveyor (OLS) with thorough knowledge in thedesign and construction of drainage matters. The plan shall address how existingand proposed drainage will be handled. The drainage plan shall be registered onthe title of the lands through a consent development agreement. Should the planreveal any drainage paths emitting to or from a public highway or public right-of-way, the applicant shall convey appropriate easements to the County to thesatisfaction of the Commissioner of Engineering, Development and Works.

11. Theownerappliesforandobtainsentrancepermitsandcivicaddressandconstructs the approved entrances for the severed lands;12. The owner provides two (2) white prints and a digital copy in suitableformat preferably .dwg of the final deposited plan of reference for the severedlands, which is to conform substantially to the application as approved;13. The owner provides the Municipality with a registerable description on adeed conveying the severed Iands for use for the issuance of the Certificate ofConsent; and,

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THAT Zoning Amendment File No. Z63-18 for the Iands municipally known as548D Old Milford Road, described as Part of Lot 1 to 2, Plan 3, Gore B, Part 1 & 2on 47R-4176 T/W PE 157333 in Ward of Hallowell be approved.

CARRIED with a

2/3 majority

5.5 County of Prince EdwardInterim Control By-law and RezoningVarious Properties - WellingtonZoning Amendment File Z68-16(Refer to By-law 9. 1 .5)

Correspondence was received from Robert Greer and circulated to Committeemembers.


The following persons appeared before Committee and provided comments:

Mr. John DulmageMr. Bob Greer and familyMr. Tom Wiltse


Motion CW-461-2018

Moved by Councillor FoxSeconded by Councillor Hull

THAT the Third Addendum Report of the Engineering, Development and WorksCommission dated November 21, 2018 regarding the Zoning By-Law AmendmentFile No. Z68-16 be received;

THAT Zoning Amendment File No. Z68-16 (Various Properties) for various Iandslocated in Parts of Wellington, Ward 3 (Wellington) be approved; and,

THAT Council enact the Zoning By-law Amendment attached to the November 21,2018 staff report.

LOST

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Motion CW-462-2018

Moved by Councillor FoxSeconded by Councillor Ferguson

THAT staff be directed to contact Mr. Dulmage with the intention of movingtowards a Memorandum of Understanding for Pt Lot 195 of Plan 8, Ward 3(Wellington) owned by Mr. Dulmage. A report regarding this item, to be broughtbk hD b l8'h20 C ol a S olM a fac tot e ecem er , 18 ounci meeting,ora pecia eettngoCouncil.

CARRIED

6. Adjourn Committee of the Whole and rise and report to Council

6.I Motion to resume sitting as Council

Motion CW-463-2018

Moved by Councillor RobertsSeconded by Councillor Pennell

THAT Committee of the Whole now rise and resume sitting as Council.CARRIED

7. Adoption of Committee of the Whole recommendations which received a2/3 majority vote in favour of the staff recommendation

7.I Motion to Adopt

Motion 2018-484

Moved by Councillor FoxSeconded by Councillor Ferguson

THAT the recommendation of Committee of the Whole agenda items whichreceived 2/3 majority in favour of the staff recommendation, being items 5.1 , 5.2and 5.4 be adopted.

CARRIED

8. Deferral to the next Council or Planning Public Meeting of Committee of theWhole recommendations which did not receive 2/3 majority vote in favour of thestaff recommendation - NOT REQUIRED

9. By-Iaws for Consideration

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9.I The following By-laws are recommended for adoption

The following by-laws were removed from the By-Iaw listing for approval due to: By-Iaw9.1 .3 deferred to January, 2019, and By-law 9.1 .5 being removed as Motion CW-487-2018 was defeated.

By-law 9.1.3 A By-Iaw to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended (Myderwyk, 3247 County Road 1, Hallowell, Z62-18)

By-law 9.1.5 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended (County of Prince Fdward, Interim Control By-law andRezoning) (Signed as By-law 4349-2018)

Motion CW-485-2018

Moved by Councillor FoxSeconded by Councillor Gale

THAT the following By-laws be read a first, second and third time and finallypassed:

By-law 9.1.I A By-Iaw to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended (Fernandes and Chaves - Lakeside Drive/Loyalist Parkway,Z56-18) (Signed as By-law 4346-2018)

By-law 9.1.2 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended (Hobson - Vacant lot east of Greer Road, 260-18) (Signed as By-law 4347-2018)

By-law 9.1.4 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended (Armstrong 548D Miller Road, Hallowell, Z63-18) (Signed as By-Iaw 4348-2018)

CARRIED

10. Confirmatory By-law

10.I ThefollowingBy-lawconfirmstheProceedingsofthismeeting

Motion 2018-486

Moved by Councillor GaleSeconded by Councillor Ferguson

THAT the following By-Iaw be read a first, second and third time and finallypassed:

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A By-law to Confirm the Proceedings of the Council of the Corporation of theCounty of Prince Edward at the meeting held on November 21, 2018. (Signed asBy-law 4349-2018)

CARRIED

11. Adjournment

11.1 Motion to Adjourn

Motion 2018-487

Moved by Councillor FergusonSeconded by Councillor Nieman

THAT this meeting now adjourn at 8:45 p.m.

)Al7

Kim White, CLERK

?0,"i

["x

"S'teve Ferguson, MAYOR

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Documents

A Planning Public Council Meeting was held on November 21