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:

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

1.
Section 239(2)(e) litigation affecting the municipality, being an update Report by Solicitor Suzanne M. Porter regarding the status of Town of Kingsville et al. ats Wood.
 

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.

R. Brown, Manager of Planning Services

i)  Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Site Plan Approval, dated October 22, 2019;

ii) Supplementary Report of R. Brown, dated October 31, 2019;

iii) Report of R. Brown, dated September 23, 2019;

iv) Proposed By-law 90-2019, being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

  • Recommended Action

    That Council:

    Approve Zoning By-law Amendment Application ZBA/15/19 to rezone the subject property located at 1775 Road 4 E (County Road 18) from ‘Agriculture Zone 1 (A1)’ to a site-specific ‘ Agriculture Zone 1 Exception 78, (A1-78)’ to permit a stand-alone bunkhouse accessory to the a greenhouse at 1755 Road 4 E (County Road 18) and adopt the implementing by-law.

    Approve Site Plan Application SPA/19/19 for the construction of a 446.2 sq. m (4,803 sq. ft.) bunkhouse, subject to conditions outlined in the site plan agreement and authorize the Mayor and Clerk to sign the Site Plan Agreement and register said Agreement on title.

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent, dated October 21, 2019;

ii) Report of David French, Interim Town Planner, dated October 23, 2019;

iii) Proposed By-law 97-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

  • Recommended Action

    That Council approve Consent Application B/14/19 to sever an existing dwelling, deemed surplus to the needs of the prospective purchaser, on a 0.802 ha (1.983 ac.) parcel, shown as Part 1 on the applicants’ sketch, subject to the following conditions:

    a) 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;

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

    c) 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;

    d) That any necessary drainage reapportionments be undertaken;

    e) 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;

    f) That the severed and retained parcels be transferred to the Purchaser, Henry Denotter, as outlined in the Agreement of Purchase and Sale;

    g) The Zoning By-law be amended to prohibit future dwellings on the retained farm parcel prior to the consent being endorsed on the deeds;

    h) That the applicant provide a letter of intent for the installation of a new joint access to the retained farm parcel and abutting farm to the east at the applicant's expense and to the satisfaction of the Town and/or County;

    i) That the applicant install a boundary ditch along the north and east lot lines of 1648 Road 2 W to redirect the existing surface drain along the west lot line of the retained parcel to the satisfaction of the Town;

    j) That the necessary deed(s), transfers or charges be submitted in triplicate; signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification;

    k) The conditions imposed above shall be fulfilled by November 12, 2020 or this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act;

    and

    That Council approve Zoning By-law amendment Application ZBA/16/19 to rezone the retained parcel, known as 1642 Road 2 West, Part of Lot C, Concession 2, WD, in the Town of Kingsville, from 'Agriculture (A1)' to 'Agriculture - Restricted (A2)' and adopt the implementing by-law.

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated October 21, 2019;

ii) Report of D. French, Interim Town Planner, dated November 4, 2019;

iii) Proposed By-law 99-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

  • Recommended Action

    That Council approve Consent Application B/16/19 to sever an existing dwelling, deemed surplus to the needs of the prospective purchaser, together with a wooded portion of land on a 6.63 ha (16.38 ac.) lot, shown as Parts 2 & 3 on the applicants’ sketch, subject to the following conditions:

    a) 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;

    b) That the deeds, such plans of survey or reference plan, for property lines being newly created, shall be in accordance with the existing zoning requirements for the municipality;

    c) 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;

    d) That any necessary drainage reapportionments be undertaken;

    e) 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;

    f) That the severed and retained parcels be transferred to the purchaser, Larry Willis and Sons Inc., as outlined in the Agreement of Purchase and Sale, and consolidated with the abutting parcel to the east (PIN 75153-0073);

    g) The Zoning By-law be amended to rezone Part 3 on the applicants' sketch to recognize and protect the wooded area prior to the consent being endorsed on the deeds;

    h) That the necessary deed(s), transfers or charges be submitted in triplicate; signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification;

    I) The conditions imposed above shall be fulfilled by November 12, 2020 or this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act;

    And That Council approves Zoning By-law Amendment Application ZBA/16/19 to rezone a portion of the severed parcel (Part 3 on the Applicants' sketch), in Part of Lot 21, Concession 10, in the Town of Kingsville from 'Agriculture (A1)' to 'Natural Environment (NE)' and adopt the implementing By-law.

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent, dated October 21, 2019;

ii) Report of D. French, Interim Town Planner, dated November 4, 2019;

iii) Proposed By-law 100-2019, 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/17/19 to sever and convey six separate portions of land, shown as Parts 1, 2, 3, 4, 5 & 6, on the applicant’s sketch, as lot additions to 5, 7, 9, 11, 13 & 15 Cameron Side Road, in Part of Lot 276, Concession NTR, 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 to be provided for the files of the Secretary-Treasurer;
    2. That the owner shall provide that all municipal taxes be paid in full and that necessary apportionments be undertaken for any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or the Municipal Act;
    3. That any necessary drainage reapportionments be undertaken;

       

    4. That the one-foot squares, shown on the applicant’s sketch as Parts 7, 8, 9, 10, 11 & 12 be conveyed to the Town free of charge and clear of all encumbrances;

       

    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 any new or revised municipal addressing being completed;

       

    7. That the lot addition lands, Parts 1, 2, 3, 4, 5 & 6 be respectively conveyed to and consolidated with the abutting lots located at 5, 7, 9, 11, 13 & 15 Cameron Side Road and that Section 50, (3) or (5) apply to any future consent.

       

    8. That the necessary deed(s), transfer or charges be submitted in triplicate; signed and fully executed (no photo copies), prior to certification.

       

    9. The conditions imposed above shall be fulfilled by November 20, 2020 for this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act; and

       

      That Council approves Zoning By-law Amendment Application ZBA/20/19 to rezone the portion of the severed parcel (Parts 1, 2, 3, 4,5 & 6 on the applicant’s sketch), in Part of Lot 276, Concession NTR, in the Town of Kingsville, from ‘Agriculture (A1-47)’ to ‘Rural Residential (RR)’, and to revise the existing Agriculture (A1-47) Zone to recognize the reduction in lot area and adopt the implementing by-law

       

  • Recommended Action

    That Council receives Town of Kingsville accounts for the monthly period ended October 31, 2019 being TD cheque number 070733 to 071024 for a grand total of $1,243,879.76.

G. A. Plancke, Director of Municipal Services

  • Recommended Action

    That Council grant “Final Acceptance” of the roadway and infrastructure for the York Phase 4A subdivision and further that;

    The Clerk provide formal notification to the Developer of Council’s granting of Final Acceptance of the York Phase 4A subdivision.

G. A. Plancke, Director of Municipal Services

  • Recommended Action

    That Council grant “Final Acceptance” of the roadway and infrastructure for the Winterberry Subdivision (Holly St. Cranberry St.) and further that;

    The Clerk provide formal notification to the Developer of Council’s granting of Final Acceptance of the Winterberry Subdivision.

R. Brown, Manager of Planning Services

  • Recommended Action

    That Council approves the extension of Part Lot Control Exemption, By-law 101-2014, to allow Blocks 61 and 62 on Plan 12M 598 to continue to be exempt from Section 50(5) of the Planning Act;

    And That Council authorizes and directs Planning Services to register the By-law (98-2019) on title.

R. Brown, Manager of Planning Services

  • Recommended Action

    That:

    Council approve the requested site plan approval for the development of a 535 sq. m (5,760 sq. ft.) building for an indoor cannabis production facility, detailed in the attached site plan (Appendix A) and subject to the conditions outlined in the Site Plan Agreement.

    Council require a security deposit of 50% of the total cost of the odour control system to be deposited with the Town prior to the release of any building permits.

    Council authorize the Mayor and Clerk to sign the Site Plan Agreement and register said Agreement on title.

R. Brown, Manager of Planning Services

  • Recommended Action

    That Council:

    receives this report for information purposes on the request for exemption from plan of condominium;

    And That Council supports, by Resolution, an exemption from plan of condominium, by the County of Essex, for the existing building located at 86 Wigle Ave., Part of Block A, Plan 432, Parts 6 & 7, RP 12R 25287, subject to the following condition:  that the applicant provide an outline to the Director of Financial Services detailing the provisions being made to ensure that the payment of taxes is kept up-to-date until all units have been provided with individual assessment roll numbers.

  • Recommended Action

    That Council receives letter of resignation from Ms. Mary Baruth, and directs Administration to amend the Appointment By-law to reflect such resignation from the Migration Festival Committee.

  • Recommended Action

    That Council adopts Special Meeting of Council Minutes dated October 23, 2019, Regular Meeting of Council Minutes dated October 28, 2019, and Regular 'Closed Session' Meeting of Council Minutes dated October 28, 2019.

  • Recommended Action

    That Council receive Parks, Recreation, Arts and Culture Committee Meeting Minutes dated September 19, 2019 together with Minutes of the following sub-committees:

    Fantasy of Lights - August 6, 2019

    Mettawas Fundraising - August 7, 2019

    Migration Festival - August 20, 2019

    Highland Games - June 12, 2019

    Highland Games - July 31, 2019

  • Recommended Action

    That Council receive Police Services Board Meeting Minutes dated September 25, 2019

  • Recommended Action

    That Council receives Business Correspondence-Informational items 1 through 9.

That Council direct and request the staff to consider and develop a possible future Parks and Recreation Grant request that includes many of high priority items in the Parks and Recreation Master Plan, with a draft of Details back to Council within nine (9) months, that we might be better prepared in the event that the Province and Federal levels of government offer such a grant program, as was suggested, in future years. The considerations should not be limited, but consider future generations in much the same manner as other towns in Essex County have with this current application process of November 12, 2019.

That Council ask that the Greenhouse Applications approved with site plans within the last two (2) years, each be reviewed for dark sky compliance as was required under the site plans. In the event any such sites have not installed the shades or curtains required, the staff shall report back to Council with the legal steps to get compliance within ninety (90) days of the passing of this motion.

P.

Being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/15/19; Part of Lot 11, Concession 3, ED, Part 1, RP 12R 8331)

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 (ZBA/16/19; 1642 Road 2 West, Part of Lot C, Concession 2, WD)

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

Being a by-law to extend the exemption from Part Lot Control pursuant to Section 50(7) of the Planning Act as provided for in By-law 101-2014 (Royal Oak at the Creek Subdivision, Phase 8A-Plan 12M-598)

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

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

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

Being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/20/19; 406 County Road 34 West, Part of Lot 276, Concession NTR)

To be read 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 November 12, 2019 Regular Meeting.

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

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