Planning and Protection Committee Action Report for the April 21st, 2015 meeting held in the Council Chambers following Community Issues Committee PRESENT: Mayor Antonakos, Deputy-Mayor Flynn, Councillor Black, Councillor Doucett, Councillor Redmond, Councillor Fritz, Councillor Trimble, Phil Hogan, Treasurer, Duncan Rogers, Clerk, Dave Young, Director of Public Works, Joanna Bowes, Building/Planning Technician, Les Reynolds, Director or Protective Services, Jane Almond, Acting Director of Planning and Development 1) 2) 3) 4) 5) 6) DECLARATION OF PECUNIARY/CONFLICT OF INTEREST AND GENERAL NATURE THEREOF - now or anytime during the meeting PUBLIC MEETING – NONE THIS EVENING REGISTRATION OF PUBLIC WISHING TO SPEAK - with the secretary PLEASE TURN OFF ALL CELL PHONES AND PAGERS COMMUNICATION 126214 A CLOSED MEETING IF THERE IS AN ADDENDUM, IN ACCORDANCE WITH SECTION 15.2.4 (OF STRIKING REPORT) DOES THE COMMITTEE WISH TO APPROVE THIS ADDENDUM? The following items are for information only and will not be discussed unless the Committee chooses to do so. The Chair will entertain a motion to receive and file for those items not pulled out for discussion. 126209 Received from Addressed to Date Topic Les Reynolds Director of Protective Services Planning and Protection Committee April 16th, 2015 OWFC Activity Report SUMMARY Activity Report for the month of March 2015 is attached. COMMENT For Council's Information STAFF RECOMMENDATION Receive and Record COMMITTEE DECISION Receive and record Planning and Protection Committee –April 21st, 2015 - Page 2 126210 Received from Addressed to Date Topic Les Reynolds Director of Protective Services Planning and Protection Committee April 16th, 2015 Police Service Board Minutes SUMMARY Minutes of the Police Service Board meeting of April 13th, 2015 are attached. Noteworthy items include: Sgt. Croth reports concerns about skateboarders, distracted driving and graffiti; The detachment office will provide front desk service on Mondays, Wednesdays and Fridays only beginning May 1. COMMENT For Council's Information STAFF RECOMMENDATION Receive and Record COMMITTEE DECISION Receive and record TO BE DISCUSSED 126108 Received from Addressed to Date Topic Jane Almond Acting Director of Planning and Development Planning and Protection Committee February 5, 2015 Deeming By-law, Plan 6115 SUMMARY Plan 6115 is a historic plan of subdivision from 1906. Our current Deeming By-law 1414 and its amendments 1423, 33-74 and 31-75 have not deemed this plan to not be a plan of subdivision. COMMENT Plan 6115 remains a legal plan of subdivision and has no registered subdivision agreement. This means that, if any applications are made to develop within this area, the Town of Carleton Place will be limited in what they can ask in relation to any specific conditions typically requested with a subdivision agreement or through the severance process. Planning and Protection Committee –April 21st, 2015 - Page 3 126108 Continued To deem a plan not to be a plan of subdivision a deeming by-law is necessary. Staff has looked at the area to which Plan 6115 applies and most of the lots have already been developed. On lots where there is a potential to subdivide the severance process can be utilized to achieve that purpose. Notification to property owners is not required prior to the passing of the bylaw but the Town is required to provide notification of the passing within 30 days of the decision to all the property owners within the boundaries of Plan 6115. Property owners have the ability to petition council to repeal their decision within 20 days of notification of the decision. UPDATE – April 21st, 2015 On March 10th, 2015 Council passed the Deeming By-law. Plan 6115 has been deemed to no longer be a plan of subdivision. No formal complaints were registered. The removal of the plan of subdivision is to be registered on all lots within plan 6115. Any division of lots within this area will now be done through the severance process. STAFF RECOMMENDATION Receive and Record. COMMITTEE DECISION Receive and record 126211 Received from Addressed to Date Topic Jane Almond Acting Director of Planning and Development Planning and Protection Committee April 14, 2015 Consent Application- St. James Anglican Church, 224 Edmund Street SUMMARY A consent application has been received from the property known Municipally as 224 Edmund Street. The subject lands as legally described as Pt Lots 124, Section B, Plan 276 and illustrated below. Planning and Protection Committee –April 21st, 2015 - Page 4 126211 Continued This consent application is to sever a 1044 m2 residential lot (currently housing the Existing Church Parish hall, leaving a 974 m2 portion of retained property which is being used as a parking lot. The Provincial Policy Statement, 2014 (PPS) provides direction on matters of provincial interest pertaining to land use matters and all development proposals must be consistent with the policies therein. The statement believes that long term prosperity for the province depends upon a "strong, sustainable and resilient community, a clean and healthy environment, and a strong and competitive economy." The policy statement directs development to settlement areas and protects resources throughout the province. Section 1.0 of the statement, Building Strong Healthy Communities, stresses efficient development patterns by supporting infill development, utilizing existing infrastructure and promoting opportunities to create a varied built form. Section 1.1.3 specifically states that “Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted”. Planning and Protection Committee –April 21st, 2015 - Page 5 126211 Continued Section 1.7.1 a) states that municipalities should be “promoting opportunities for economic development and community investment readiness” and “d)encouraging a sense of place by promoting welldesigned built form and including built heritage resources and cultural heritage landscapes”. The PPS supports intensification and encourages redevelopment of land and properties. The application under consideration is a proposal to re-use an existing building within a serviced and settled area of town. The development will use existing services and requires no extension of services. The proposed severance complies and is consistent with policy directions within the Provincial Policy Statement. Lanark County’s Sustainable Communities Official Plan provides direction with respect to Consent applications in section 8.2.2. It is noted that “Lot creation by consent shall be permitted where lot creation by plan of subdivision is deemed to be unnecessary”. It also states that “Local Official Plans shall promote intensification in existing built up areas to optimize the use of land, resources, infrastructure and public service facilities” The proposal as submitted can be considered to comply with the directions provided within the County’s Official Plan. The Official Plan of the Town of Carleton Place’s designation for this property is Mississippi Residential District. This designation allows for a mix of housing types which complements the existing small town character. Section 3.2.2 makes mention of the provision of mainly residential uses with existing commercial and institutional uses such as churches, schools and parks. It does also make reference to the allowance for local commercial uses and light employment facilities. The Official Plan promotes adaptive re-use of existing uses by encouraging proposals to occur in existing settled areas. Mixed uses in areas close to the Downtown are also encouraged. The Development Permit By-law also designated the property as residential (R). The severance will allow for the redevelopment of an existing vacant underutilized structure. Both the retained and severed lot will meet the minimum frontage required under the Development Permit By-law. Planning and Protection Committee –April 21st, 2015 - Page 6 126211 Continued COMMENT The proposal, if approved, will allow for the creation of two separate lots one lot for residential use and lot for a parking lot. It should be noted that a stand alone parking lot is at present not a permitted use in the Mississippi Residential District and the severance if is approved there will be a requirement to get a Development Permit to allow for a parking lot for the retained lands. The enclosed sketch only illustrates where the subject lands will be divided and there is no detail on what exactly the re-development project will be. Staff is concerned that if we are severing off the entire parking lot there may be a problem with respect to gaining the necessary area for parking and loading depending of what the re-development project actually is. As with any severance application, staff compiles a list of conditions that the application must meet before final approval and creation of new deed. It should be noted that once Council makes a decision, the applicant must clear all conditions within one year from the date of that decision. The proposed conditions are: 1. The balance of outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Town of Carleton Place. 2. The applicant shall provide the Town of Carleton Place with a digital copy of the reference plan (in NAD83 datum) 3. The applicant shall provide a Site Grading and Drainage Plan for the retained and severed parcels to the satisfaction of the Town of Carleton Place, 4. That a deposited reference plan be submitted to the Town of Carleton Place. 5. The new lot and any structures to be built on it or any uses changed will not be permitted any variations to the provisions in the Development Permit By-law of the Town of Carleton Place unless a separate Development Permit application is submitted and approved. 6. That the applicant undertake an application for Development Permit on the retained lands. 7. That the applicant shall provide the Town of Carleton Place with a Building Location Survey demonstrating that the lands severed and the lands retained are in compliance with all Development Permit provisions. The Building Location Survey shall also include confirmation for both the severed and retained parcels that there is: - Adequate frontage along the maintained road - Adequate access along the maintained road - Compliance with the Ontario Building Code Planning and Protection Committee –April 21st, 2015 - Page 7 126211 Continued 8. That the applicant provide to the Town a Road widening at no cost to the Town. STAFF RECOMMENDATION THAT the application be deferred until the associated Development Permit applications have been received and that all planning matters regarding both the proposed severed and retained lots can be heard at the same meeting in order to understand the site layout and functionality. COMMITTEE DECISION THAT the application be deferred until the associated Development Permit applications have been received and that all planning matters regarding both the proposed severed and retained lots can be heard at the same meeting in order to understand the site layout and functionality. 126212 Received from Addressed to Date Topic Les Reynolds, Director of Protective Services Planning and Protection Committee April 16th, 2015 New Pumper SUMMARY The 2015 budget provides for the purchase of 2 new fire apparatus – a rescue and a pumper. Construction of the rescue is underway with Eastway 911, located here in Carleton Place, awarded the contract following a competitive process. They were selected based on a price that was 25% lower than the other bidder and a much shorter construction time. Eastway 911 has produced a proposal for the pumper and has asked if the Town would consider awarding the contract to them on that basis. Staff have made it clear that any decision on this would have to be made by Council. COMMENT Staff supports the proposal for the following reasons: 1. Familiarity with the proponent – Eastway 911 or their predecessors have built all our existing fire apparatus and we have always been pleased with their performance. Having them build both trucks ensures that they will be built the same way, with the same materials etc. 2. Proven competitiveness – The previous proposal for the rescue demonstrated that their pricing was superior to the other bidder and their construction schedule was considerably shorter. The proposed price is considerably less than our budget figure and will ensure that the overall project (including the purchase of the new extrication equipment) will be completed very close to budget. Planning and Protection Committee –April 21st, 2015 - Page 8 126212 Continued 3. Servicing capabilities – We have always benefitted from their local availability when servicing or repairs were needed for the existing fleet. 4. Local economic benefit – Eastway 911 is an important part of our local industrial team and awarding the contract to them will ensure that local jobs are protected and other local businesses will enjoy any ‘filter down’ benefits. By-law 25-2010 (Procurement of Goods) normally requires a competitive process for this type of contract, but Sec. 5.1 permits Council to allow exceptions at their discretion. STAFF RECOMMENDATION That Council hereby authorizes the Director of Protective Services to proceed with the purchase of a custom built pumper on a 2016 Spartan Metrostar chassis from Eastway 911 Emergency Vehicles at a net cost of $438,110 plus applicable taxes. COMMITTEE DECISION That Council hereby authorizes the Director of Protective Services to proceed with the purchase of a custom built pumper on a 2016 Spartan Metrostar chassis from Eastway 911 Emergency Vehicles at a net cost of $438,110 plus applicable taxes. 126213 Received from Addressed to Date Topic Joanna Bowes, Planning and Building Technician Planning and Protection Committee April 21, 2015 Chip Wagon, 10488 Highway 7 SUMMARY An application has been received to include 10488 Highway 7 as an approved location for a refreshment vehicle. The applicant has provided a site plan with details relating to the location on the trailer, location of washrooms for staff, parking and location of tables. Approval from the Ministry of Transportation has been given through the means of a Building and Land Use Permit to the owner of the land. STAFF RECOMMENDATION That Schedule C of By-law 57-2013 be amended to allow a refreshment vehicle at 10488 Highway 7. COMMITTEE DECISION That Schedule C of By-law 57-2013 be amended to allow a refreshment vehicle at 10488 Highway 7. Planning and Protection Committee –April 21st, 2015 - Page 9 126214 Received from Addressed to Date Topic Paul Knowles, Chief Administrative Officer Planning and Protection Committee April 15th, 2015 Closed Meetings SUMMARY As authorized by the Municipal Act, Council should review selected items in closed session. STAFF RECOMMENDATION THAT in accordance with Section 239 of the Municipal Act, S.O. 2001, that the meeting be closed to the public with the following agenda: AGENDA 24-03-15-1 a proposed or pending acquisition or disposition of land by the municipality or local board; General Nature – Roy Brown Park 21-04-15-1 a proposed or pending acquisition or disposition of land by the municipality or local board; General Nature – South of Hwy. 7 21-04-15-2 a proposed or pending acquisition or disposition of land by the municipality or local board; General Nature – Bates and Industrial COMMITTEE DECISION THAT in accordance with Section 239 of the Municipal Act, S.O. 2001, that the meeting be closed to the public with the following agenda: AGENDA 24-03-15-1 a proposed or pending acquisition or disposition of land by the municipality or local board; General Nature – Roy Brown Park 21-04-15-1 a proposed or pending acquisition or disposition of land by the municipality or local board; General Nature – South of Hwy. 7 21-04-15-2 a proposed or pending acquisition or disposition of land by the municipality or local board; General Nature – Bates and Industrial Planning and Protection Committee –April 21st, 2015 - Page 10 126214 Continued REPORT TO COUNCIL 24-03-15-1 THAT Council hereby authorizes the Mayor and Clerk to execute an Agreement of Purchase and Sale with Michel and Jennifer Brisebois to purchase a portion of Boundary Road for $5,000. 21-04-15-1 THAT Council hereby authorizes the Mayor and the Clerk to execute Agreements of Purchase and Sale to acquire property for a pumping station south of Hwy 7 and easements for services from Colonnade Development Incorporated, Carleton Place Plaza Inc, Pegasus Construction Inc and Pegasus Development Corporation for the nominal cost of $1.00. 21-04-15-2 Bring forward
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