REGULAR MEETING OF COUNCIL
AGENDA

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Council Chambers
2021 Division Road N
Kingsville, Ontario N9Y 2Y9

In light of the ongoing COVID-19 pandemic, this Regular Meeting of Council is being held electronically. Members will meet via electronic participation. Members of the public can view the meeting at: www.kingsville.ca/meetings and select the VIDEO icon.

When a member of Council has any pecuniary interest, direct or indirect, in any matter which is the subject of consideration at this Meeting of Council (or that was the subject of consideration at the previous Meeting of Council at which the member was not in attendance), the member shall disclose the pecuniary interest and its general nature, prior to any consideration of the matter.

RE: Presentation of Report RE: By-law 12-2017 Heritage Designation of 107 Elm Street (The Cowan-Valentine House) 

SEE: Committee Recommendation (Motion #MHC35-2020) excerpted from the Committee Minutes dated June 18, 2020 SEE ALSO: Designation By-law 12-2017, and proposed amending By-law ##-2020.

  • Recommended Action

    That Council amends By-law 12-2017 to remove the reference in Schedule "A" to the five old-growth trees on the property.

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent, dated July 17, 2020.

  • Recommended Action

    That Council defers the Zoning By-law Amendment Application ZBA/09/2020 as requested by the Applicant, Solid Rock Homes Inc. to a future Regular Meeting of Council.

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent, dated July 10, 2020;

ii) Report of K. Brcic, Town Planner, dated June 12, 2020;

iii) Proposed By-law 41-2020, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

  • Recommended Action

    That Council:

    Approves Consent Application B/01/20 to sever two existing dwellings, deemed surplus to the needs of the applicants’ farming operation on parcels shown as Part 1 (1246 County Rd 34) - 0.28 ha (0.692 ac.) and Part 2 (1250 County Rd 34) - 0.25 ha (0.626 ac.), on the applicants’ sketch, in the Town of Kingsville, subject to the following conditions:

    1. That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town.

       

    2. That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or Municipal Act be paid in full along with all municipal taxes.

       

    3. That any necessary drainage apportionments be undertaken.

       

    4. That a clearance letter of approval for the septic systems on Parts 1 and/or 2 must be obtained from the Town’s Building Department.

       

    5. That as a result of the severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date of certification of the deed.

       

    6. The zoning of the retained parcel be amended to prohibit future dwellings prior to certification.

       

    7. That the applicants convey a 9m x 9m daylight triangle (at the corner of Graham Sideroad & Road 5 E) including vegetation removal, free of charge and clear of all encumbrances.

       

    8. That the applicants obtain the necessary permit for and install a new access to the retained farm parcel at the applicant’s expense and to the satisfaction of the Town and/or County;

       

    9. That the necessary deed(s), transfer or changes be submitted in triplicate, signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification.

       

    10. The conditions imposed above shall be fulfilled by August 10, 2021 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

       

       

      And Further That Council approves Zoning By-law Amendment Application ZBA/05/20 to rezone the retained parcel, in Part of Lot 19, Concession 4, WD, Pt. 1, RP 12R 14075, in the Town of Kingsville, from ‘Agriculture (A1)’ to ‘Agriculture – Restricted (A2)’ and adopt the implementing by-law.

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent, dated July 17, 2020;

ii) Report of K. Brcic, Town Planner, dated July 21, 2020;

iii) Proposed By-law 73-2020, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

  • Recommended Action

    That Council:

    Approve consent application B/06/20 to sever an existing dwelling, deemed surplus to the needs of the applicants farming operation on a 0.48 ha (1.19 ac.) lot shown as Part 1 on the applicants sketch, known as 257 Road 10 E, in the Town of Kingsville, subject to the following conditions:

    1. That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town.

    2. That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or Municipal Act be paid in full along with all municipal taxes.

    3. That any necessary drainage apportionments be undertaken.

    4. That as a result of the severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date of certification of the deed.

    5. The zoning of the retained parcel be amended to prohibit future dwellings prior to certification (ZBA/08/20).

    6. That the applicant provide confirmation to the satisfaction of the Town the location of any existing septic systems in relation to the revised lot line locations.

    7. That the necessary deed(s), transfer or changes be submitted in triplicate, signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification.

    8. The conditions imposed above shall be fulfilled by August 10, 2021 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

      Approve zoning by-law amendment application ZBA/08/20 to rezone the retained parcel, in Part of Lot 16, Concession 10, in the Town of Kingsville, from ‘Agriculture (A1)’ to ‘Agriculture – Restricted (A2)’ and adopt the implementing by-law.

Application for Draft Plan of Subdivision Approval SUB/01/2020 (37-T-20002) and Zoning By-law Amendment ZBA/06/2020 by Wobocorp Ltd. and David Armstrong Farms Inc. V/L NE Side County Road 34 E, Part of Lot 269, Concession NTR, Parts 1 and 2, RP 12R-26017 and Part 2 RP 12R 26659

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Draft Plan of Subdivision and Zoning By-law Amendment, dated July 10, 2020;

ii) Report of R. Brown, dated July 27, 2020;

iii) Proposed By-law 77-2020, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

  • Recommended Action

    That Council approves Zoning Amendment Application ZBA/06/2020 to amend the Residential Zone 2 Rural/Urban, holding (R2.2(h)) to establish regulations for the subdivision of permitted semi-detached dwellings into individual freehold units;

    And That Council Approves a Resolution in support of the draft plan of subdivision, County File No. 37-T-20002, and subject to conditions outlined by the County in the draft approval and subject to approval of the necessary development agreement between the applicant and Town;

    And Further That Council Directs Administration to forward the resolution of support to the County Planner for final approval.

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated July 10, 2020;

ii) Report of R. Brown, Manager, Planning Services, dated July 22, 2020;

iii) Proposed By-law 78-2020, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

  • Recommended Action

    That Council approves Zoning Amendment Application ZBA/03/2020 to rezone 111 Queen St. from Residential Zone 1 Urban (R1.1) to a site-specific Residential Zone 1 Urban Exception (R1.1-29) to add a private school limited to a maximum student occupancy of 20 or as determined by the change of use permit process, whichever is less.

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Site Plan Approval, dated July 10, 2020;

ii) Report of R. Brown, Manager, Planning Services, dated July 24, 2020;

iii) Proposed By-law 76-2020, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

  • Recommended Action

    That Council approves Zoning By-law Amendment Application ZBA/07/2020 to amend the site-specific Residential Zone 4 Urban Exception 5, ‘R4.1-5’ to:

    limit the proposed apartment building to three (3) stories;

    permit a maximum of 30 residential dwelling units;

    maintain the front yard setback requirement of 8 m (26 ft.), and

    limit the maximum height of the building to 10 m (32.8 ft.), and adopt the implementing by-law;

    And That Council Approves Site Plan Approval Application SPA/05/2020 for the development of a three storey, 30 unit multiple unit apartment dwelling, subject to the terms and conditions of the associated Site Plan Agreement and authorizes the Mayor and Clerk to sign the Agreement and register said Agreement on title.

R. McLeod, Director of Financial Services

  • Recommended Action

    That Council approves the proposed Business Relaunch Fund of $150,000.00 to assist eligible businesses and non-profit organizations with increased operating and facility expenses due to the COVID-19 pandemic;

    And, That the funding for such program be obtained from the Budget Stabilization Reserve.

G. A. Plancke, Director of Financial Services

  • Recommended Action

    That Council receives Report MS 2020-33 as sufficient response to Council's request for a verbal report as to how the Town has prepared for the Open Streets program along with any problems that may have been encountered the weekend of July 10, 11 and 12, 2020; 

    And That Council provide direction on whether the Town should continue to support the Open Streets Program, with the understanding that a Base Level of staffing at a cost of $1,950 per weekend will be required to ensure a safe event;

    And That Council provide direction on whether the cost of Town staffing the event, on a go forward basis, should be assessed to participating businesses, at fixed rate of $55.00 per day of the Open Streets Program, per participating business;

    And That Council withdraw their support of Open Streets if BIA cannot provide or supply a minimum of 4 volunteers or staff members, plus an event coordinator, that is on-site for the duration of the event per day.

D. Wolicki, Manager of Municipal Facilities and Property

  • Recommended Action

    That Council receives Report MS-2020-32 Reopening Plan for Kingsville Arena and Recreation Facilities; And That the reopening timelines and Financial Implications as outlined in the report be approved.

  • Recommended Action

    That Council of The Corporation of the Town of Kingsville endorses the following individuals' appointment to the Essex Region Source Protection Committee: Albert Dionne, Town of Lakeshore, appointment date: September 10, 2020; expiration of appointment September 10, 2025; Ian Wilson, City of Windsor, appointment date: September 10, 2020; expiration of appointment September 10, 2021; Nelson Santos, Union Water Supply System, appointment date: September 10, 2020; expiration of appointment November 30 2022.

  • Recommended Action

    That Council consider endorsing the Terms of Reference for the West Side Collector Road Steering Committee.

  • Recommended Action

    That Council endorses the following appointments to the Main Street Development Committee as presented by the Striking Committee to include: 1. David Hunt; 2. Karla Kroslak; 3. Tasha Slater.

  • Recommended Action

    That Council confirms the appointment of Mayor Nelson Santos, Councillor Laura Lucier, and Councillor Larry Patterson to the West Side Collector Road Steering Committee.

  • Recommended Action

    That Council adopts Regular Meeting of Council Minutes dated July 27, 2020 and Regular Closed Session Meeting of Council Minutes dated July 27, 2020.

  • Recommended Action

    That Council receives Police Services Board Meeting Minutes dated June 24, 2020.

  • Recommended Action

    That Council receive Committee of Adjustment Meeting Minutes dated June 16, 2020

That Council be provided with any and all information that the Town may have in respect to the proposed Kratz Road Extension to the north or Road 2, to the Third Concession; The concept was referenced at a recent meeting of Council, yet I do not recall it being on our Roads Needs Study, or seeing any draft plans on any of the recent site plans for the greenhouse developments in the subject area.

That the Committee (Main Street Development Review Committee) be started with or without any vacancies that may exist on or before September 8, 2020; And Further That Council and the Committee so appointed be provided with a sample type or style of agreement that might be considered as well as the details as to when the term might be (two vs. one year in term) by the end of September 2020. (SEE: Notice of Motion correspondence dated August 5, 2020).

M.

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (1246 and 1250 County Road 34, Part of Lot 19, Concession 4, WD, Pt. 1 RP 12R 14075; ZBA/05/20)

To be read a first, second and third and final time.

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (257 Road 10 E, Part of Lot 16, Concession 10; ZBA/08/20)

To be read a first, second and third and final time

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (140 Main St. East; ZBA/07/2020)

To be read a first, second and third and final time.

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (V/L NE Side County Road 34 East, Part of Lot 269, Concession NTR, Pts. 1 and 2, RP 12R 26017 and Pt. 1 RP 12R 26659; ZBA/06/20)

To be read a first, second and third and final time.

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (111 Queen St., Part of Lot 5, Plan 187; ZBA/03/20)

To be read a first, second and third and final time

Pursuant to Subsection 239(2) of the Municipal Act, 2001, Council will enter into Closed Session to address the following items:

1. Subsection 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; being a Report of Director of Corporate Services J. Astrologo dated July 22, 2020 regarding the proposed granting of an easement by the Town to a property owner on Park Lane.

2. Subsection 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; being an update from Director of Corporate Services J. Astrologo regarding 183 Main St. East, Kingsville.

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its August 10, 2020 Regular Meeting

To be read a first, second and third and final time.

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