REGULAR MEETING OF COUNCIL
AGENDA

Meeting #:
Date:
-
Location:
Council Chambers
2021 Division Road N
Kingsville, Ontario N9Y 2Y9

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

1. Subsection 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; being an update from Solicitor David Halliwill regarding 281 Main St. East.

2. Subsection 239(2)(f) advise that is subject to solicitor-client privilege, including communications necessary for that purpose; being an update from Solicitor David Halliwill regarding 190 Main St. East, being Part of Lot 1, Concession 2, ED Part 2, 12R 26799.

  • Recommended Action

    That Council, at 6:30 p.m., enter into Closed Session to address the following items:

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.

K. Brcic, Town Planner

i) Notice of Public Meeting, dated January 7, 2020

ii) Report of D. French, Interim Town Planner, dated January 8, 2020 including Appendices A to C

iii) Proposed By-law 4-2020, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

  • Recommended Action

    It is recommended that:

    Council approve consent application B/24/19 to sever an existing dwelling, deemed surplus to the needs of the owner on a 0.4 ha (0.992 ac.) parcel shown as Part 1, WD, 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.

    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 be paid in full.

    3. That any necessary drainage reapportionments be undertaken.

    4. A clearance letter of approval for the septic system on the severed parcel (surplus dwelling lot) 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 the consent is being endorsed on the deeds.

    6. The Zoning By-law be amendment to prohibit future dwellings on the retained farm parcel prior to the consent being endorsed on the deeds.

    7. That the necessary deed(s), transfer or charges 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 January 27, 2021 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

      Council approve zoning by-law amendment application ZBA/25/19 to rezone the retained parcel, known as 411 Road 2 West, in Part of Lot 7, Concession 1, WD, 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 Public Meeting, dated January 7, 2020

ii) Report of K. Brcic, Town Planner, dated January 15, 2020 including Appendices A to D

iii) Proposed By-law 10-2020, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

  • Recommended Action

    It is recommended that Council:

    1. Approve consent application B/26/19 to:

      sever an existing dwelling, deemed surplus to the needs of the prospective purchaser, on a 5.002 ha (12.361 ac.) parcel, shown as Part 1 on the applicants’ sketch, and

      sever and convey a 5.637 ha (13.930 ac.) parcel, shown as Part 3 on the applicants’ sketch to the Essex Region Conservation Authority,

       

    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 for the files of the Secretary-Treasurer.

       

    2. That the deeds, such plan of survey of reference plan, for property lines being newly created, shall be in accordance with the existing zoning requirements for the municipality.

       

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

       

    4. That any necessary drainage reapportionments be undertaken.

       

    5. That as a result of 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 the consent is being endorsed on the deeds.

       

    6. That the severed and retained parcels be transferred to the purchaser, J. Krushelniski, himself, as outlined in the Agreement of Purchase and Sale.

       

    7. That Part 3, the lands being conveyed to ERCA, be consolidated with ERCA’s abutting holding and that Section 50 (3 or 5) of the Planning Act applies to any subsequesnt conveyance of or transaction involving the parcel of land that is the subject of this consent.

       

    8. That the deeds are endorsed for the lot addition lands and permanent right-of-way (Consent File B/27/19) prior to endorsing the deeds for B/26/19.

       

    9. That the necessary deed(s), transfers 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 January 27, 2021 or this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act.

       

      2. Approve zoning by-law amendment applications ZBA/26/19 to rezone the retained parcel, known as 1321 County Rd 20, Part of Lot 21, Concession 1, WD, in the Town of Kingsville, to:

       

      rezone the retained farm parcel (shown in red on the location map) from ‘Agriculture (A1)’ to ‘Agriculture Restricted (A2)’ to prohibit dwellings as per Provincial and Town policies;

       

      recognize the reduced frontage of the retained farm parcel;

       

      rezone a portion of Part 3, the ERCA lands, to ‘Wetland (WE)’ to match the surrounding lands;

      extend the existing ‘Wetland (WE)’ zone on a portion of the proposed severed parcel to include the lot addition lands being conveyed as part of consent application B/27/19, and

      adopt the implementing by-law.

R. Brown, Manager Planning Services

i) Report of R. Brown, Manager Planning Services, dated January 6, 2020 including Appendix A

ii) Proposed By-law 89-2019, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

  • Recommended Action

    That Council receive the Report RE: Official Plan Policy Updates and Zoning By-law Amendment Updating the Current Regulations for Greenhouse Development; And That Administration include more detail in terms of adverse effect in terms of the “Sensitive Use” definition and bring a report back to Council for further consideration.

  • Recommended Action

    That Council adopt Special Meeting of Council Minutes dated January 6, 2020, Special Closed Session Meeting Minutes of Council dated January 6, 2020, Regular Meeting of Council Minutes dated January 13, 2020 and Special Meeting of Council (Budget #1) Minutes dated January 16, 2020

  • Recommended Action

    That Council receive Kingsville Accessibility Advisory Committee Meeting Minutes dated September 19, 2019

  • Recommended Action

    That Council receive Tourism and Economic Development Committee Meeting Minutes dated October 10, 2019

  • Recommended Action

    That Council receive Kingsville B.I.A. Meeting Minutes dated December 10, 2019

  • Recommended Action

    That Council receive Union Water Supply System Joint Board of Management Meeting Minutes dated December 18, 2019

  • Recommended Action

    That Council receive information items 1-6 as outlined.

  • Recommended Action

    WHEREAS the Town of Kingsville has been well served by the Essex Region Conservation Authority

    AND WHEREAS we have a working service agreement with the Authority 

    AND WHEREAS we value the efforts of the Conservation Authority to monitor floods, to manage source water protection and to ensure the integrity of the watershed within our municipality and conserve our natural environment; 

    AND WHEREAS the Provincial government is reviewing the mandate and potential funding to Conservation Authorities; 

    BE IT RESOLVED THAT the Town of Kingsville supports the resolution of the City of Quinte West and requests that the Provincial Government improve their funding of Conservation Authorities to provide a more stable funding base that would prevent any downloading of costs to municipalities; 

    AND FURTHER THAT the Provincial Government will maintain and not diminish the core mandate of Conservation Authorities; 

    AND FURTHER THAT we forward this motion to the Minister of Environment, Conservation and Parks, the Minister of Natural Resources, the Premier, the Leaders of all opposition parties, all of our local municipal partners, and AMO to seek their support and concurrence.  

That there be an amendment to the delegation of authority by-law in respect to site plan control.

  • Recommended Action

    That there be an amendment to the Site Plan Control By-law 128-2015 section 5(iii) to reflect that all Site Plan amendments will be reviewed by the Manager of Planning and Development Services, who will then refer the amendment to Council for approval.

That Council direct Administration to advertise for the open position on the Heritage Advisory Committee so the Striking Committee may fill the vacancy.

  • Recommended Action

    That Council direct Administration to advertise for the open position on the Heritage Advisory Committee so the Striking Committee may fill the vacancy.

That Administration provide a final accounting of the cost of construction for the Grovedale building for the next budget meeting on January 29, 2020.

  • Recommended Action

    That Administration provide a final accounting of the cost of construction for the Grovedale building for the next budget meeting on January 29, 2020.

Q.

Being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

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

  • Recommended Action

    That Council reads By-law 89-2019, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville a first, second and third and final time.

Being a by-law to amend By-law 21-2005 as amended, being a By-law to Regulate Traffic and Parking on Highways within the Town of Kingsville

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

  • Recommended Action

    That Council reads By-law 3-2020, being a by-law to amend By-law 21-2005 as amended, being a By-law to Regulate Traffic and Parking on Highways within the Town of Kingsville 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

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

  • Recommended Action

    That Council reads By-law 4-2020, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville a first, second and third and final time.

Being a by-law to authorize the entering into of an Agreement with South Shore Contracting of Essex County Inc. for the repair and improvement of the Esseltine Drain (full contract documents available for review in Department of Municipal Services)

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

  • Recommended Action

    That Council reads By-law 8-2020, being a by-law to authorize the entering into of an Agreement with South Shore Contracting of Essex County Inc. for the repair and improvement of the Esseltine Drain (full contract documents available for review in Department of Municipal Services) a first, second and third and final time.

Being a by-law appointing members to the Committee of Adjustment for the 2020 calendar year.

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

  • Recommended Action

    That Council reads by-law 9-2020, being a by-law appointing members to the Committee of Adjustment for the 2020 calendar year 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

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

  • Recommended Action

    That Council reads By-law 10-2020, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville a first, second and third and final time.

Being a By-law to provide an Interim Tax Levy and to provide for the Payment of Taxes.

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

  • Recommended Action

    That Council reads By-law 11-2020, being a By-law to provide an Interim Tax Levy and to provide for the Payment of Taxes a first, second and third and final time.

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its January 27, 2020 Regular Meeting of Council

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

  • Recommended Action

    That Council reads By-law 12-2020, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its January 27, 2020 Regular Meeting of Council a first, second and third and final time.

  • Recommended Action

    That Council adjourn this Regular Meeting at 9:05 p.m.

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