Regular Council Meeting

Minutes –August 14, 2007

Page 24 of 24

THE CORPORATION OF THE TOWNSHIP OF NORWICH

REGULAR COUNCIL MEETING

TUESDAY, AUGUST 14, 2007

1. CALL TO ORDER AND PRAYER

The 16th session of the 2006-2010 Council of the Township of Norwich was held in the Council Chambers, Otterville, Ontario commencing at 10:11 a.m. with Mayor Doan in the Chair. All members were present. Also in attendance were Clerk-Administrator Betteanne M. Cadman, Treasurer H. Roy Bauslaugh, Planner Stephen Couture, Drainage Superintendent Wray Ramsay, Public Works Superintendent Ron Smith, Director of Recreation, Park and Facilities Mary-Lou Ambrose-Little, Fire Chief Darell Parker, Medical Centre Office Administrator Kathy Mitchell, Economic Development Officer Mark Cassidy and Administrative Assistant/Municipal Law Enforcement Officer Monica Bratley. The prayer was delivered by Councillor Martin.

2. APPROVAL OF AGENDA

Resolution #1

Moved by Pat Lee, seconded by Larry Martin;

That the agenda for the Sixteenth Session of the 2006-2010 regular meeting of the Township of Norwich Council be accepted as presented.

Carried

3. DISCLOSURE OF PECUNIARY INTEREST

No disclosures were reported.

4. MINUTES OF PREVIOUS MEETING

4.1  July 10, 2007

Resolution #2

Moved by Larry Martin, seconded by Pat Lee;

That the minutes of the Township of Norwich Council dated July 10, 2007 be adopted as printed and circulated.

Carried

5. PUBLIC MEETINGS

5.1  The Municipal Act

None

5.2  The Drainage Act

None

5.3  The Planning Act

Resolution #3

Moved by Lynne DePlancke, seconded by Russell Jull;

That pursuant to Section 34(12) of the Planning Act, R.S.O. 1990, as amended, Chapter P.13, this Council conduct a public meeting in respect of an application for an amendment to Zoning By-law 07-2003-Z by

Carried

Mayor Doan advised that this meeting is being constituted as being a public meeting held under the Planning Act for the purpose of hearing Zoning Amendment proposals and affording any person in attendance the opportunity to make a presentation to Council.

The Ontario Municipal Board has the power to dismiss an appeal under subsection (25) if an appellant has not provided the Council with oral submissions at a public meeting or a written submission before a by-law is passed under this section.

Resolution #4

Moved by Russell Jull, seconded by Lynne DePlancke;

That the Public Meeting in respect of applications to amend Zoning By-law 07-2003-Z be closed.

Carried

5.3.1 Applicant: Carl and Lynda Koudys

File No.: ZON.3-06-13

Report No: 2007-249

Location: Part Lot 14, Concession 6 (North Norwich), Township of Norwich

Details of Proposed Amendment: To rezone the property located at 719968 Middletown Line from “General Agricultural Zone (A2)” to “Special General Agricultural Zone (A2-special)” to allow development of an ‘on-farm’ diversified use being a contractor’s yard/shop (Electrician) in the existing driveshed.

The Planner, Stephen Couture, outlined the contents of his report. Mr. Koudys, the applicant, was in attendance.

Mr. Couture advised that the applicant was specifically requesting the ability to diversify the use on the property to permit an electrician’s shop. The Planner explained that this particular use requested by the applicant is not permitted as it is not consistent with Provincial Policy Statement (PPS) and some elements of the Official Plan.

Mr. Couture stated that most of these types of activities are conducted within a settlement area. The Planner advised that the Chief Building Official had also provided comment that the business should be located within the settlement area.

The proposal met the requirements of the Official Plan with some exceptions:

The applicant proposes a total of five employees as opposed to the permissible single employee under the Official Plan. In addition, there are nearby properly zoned properties that are available for this same type of use. The Planner further advised that the Township of Norwich Public Works Department had indicated that the proposed location will require a new access and culvert.

In response to questions from Council, Mr. Couture advised that reasons for recommending denial of the request were related to the number of employees as well as the proposed location of the business.

Responding to a question from Council, the applicant advised that the business is 90% agriculturally related and the reason he has requested this location is for both convenience and financial reasons. The Planner advised that this information had not been provided to his office.

The applicant further advised that the workers arrive for work at approximately 6:45 a.m. and leave by approximately 7:15 a.m. and do not return until the end of the business day.

The applicant stated that the industrial park was not suited to his needs due to increased traffic, his fear of a tax rate increase and the effect it may have on his ability to compete financially. He also advised that he had spoken to another party located within the park that wasn’t particularly satisfied with the location.

Mayor Doan asked if anyone in the audience wished to speak either in favour or in opposition to the application.

Mr. Don Gee advised that he supported the application as the business would support agriculture within the Township.

Resolution #5

Moved by Pat Lee, seconded by Larry Martin;

That with respect to the application for an amendment to Zoning By-law 07-2003-Z, File No. ZON.3-06-13 by Carl and Lynda Koudys, for lands consisting of Part Lot 14, Concession 6 (North Norwich), in the Township of Norwich, from “General Agricultural Zone (A2)” to “Special General Agricultural Zone (A2-special)” to allow the development of an ‘on-farm’ diversified use being a contractor’s yard/shop (Electrician) in the existing drive shed, the Council of the Township of Norwich do hereby approve the Zone Change for the following reasons: is 90% Ag related, complements his farm business.

Carried

5.3.2 Applicant: Donald and Sandra Gee

File No.: ZON.3-06-20

Report No: 2007-250

Location: Part Lot 5, Concession 8 (East Oxford), Township of Norwich

Details of Proposed Amendment: To rezone the subject lands from “General Agricultural Zone (A2)” to “Special Agri-Business Zone (AB-special)” for the lot severed by Consent application B-65/06 in order to permit an agricultural contractor, a farm equipment sales and service establishment and an accessory single detached dwelling.

The Planner, Stephen Couture, presented his report. The applicants, Donald and Sandra Gee and Scott Gee were in attendance.

Mr. Couture advised that a Site Plan will be required in regard to this application later in the process. He stated that this comment had also been received from the Chief Building Official.

The Planner stated that this proposal is clearly an agricultural use as per the Provincial Policy Statements and that it meets all the criteria of the Official Plan.

In regard to Minimum Distance Separation, Mr. Couture advised that the neighbouring livestock barn had been disabled and the storage barn nearby doesn’t require MDS rules to apply. He further advised that there are no zoning issues as per the Zoning By-law but the amendment will have to be site specific.

The Planner advised that the existing municipal drain will form the property line. He stated that potable water and private services as required would apply to the application as per comments received from circulated agencies.

Mr. Couture suggested that as the application is consistent with PPS and zoning, that should the application be approved, a site plan would be prepared and brought back to Council for consideration in September.

Mr. Gee advised that the structure mentioned on Page 6 of the Planner’s Report will not be physically torn down. The Planner advised that this would not be required.

In response to a question from Council regarding the size of the parcel, the applicant advised that the natural barriers on the property determined the appropriate size.

Mayor Doan asked if there were any interested parties present who wished to speak in favour or in opposition to the application. There were none.

Resolution #6

Moved by Larry Martin, seconded by Pat Lee;

That with respect to the application for an amendment to Zoning By-law 07-2003-Z, File No. ZON.3-06-20 by Donald and Sandra Gee, for lands consisting of Part Lot 5, Concession 8 (East Oxford), in the Township of Norwich, from “General Agricultural Zone (A2)” to “Special Agri-Business Zone (AB-special)” for the lot severed by Consent application B-65/06 in order to permit an agricultural contractor, a farm equipment sales and service establishment and an accessory single detached dwelling, the Council of the Township of Norwich do hereby approve in principle the Zone Change.

Carried

5.3.3 Applicant: Jack Lodewyks

File No.: ZON.3-07-9

Report No: 2007-251

Location: Part Lots 2 and 3, Concession 1 (East Oxford), Township of Norwich

Details of Proposed Amendment: To change the “General Agricultural Zone (A2)” to a “Rural Residential Zone (RR)” for a 0.42 hectare portion of an existing lot, located on the southern part of the farm.

The applicant, Mr. Jack Lodewyks and Harry Denhaan were in attendance in regard to the application. Mr. Couture introduced and outlined his report.

The Planner advised that the application was an amendment that would apply to one small portion of the farm parcel. Mr. Couture advised Council that the Land Division Committee had previously denied an application to remove the surplus farm dwelling. He further stated that this decision is currently under appeal to the Ontario Municipal Board. The Planner stated that the applicant desires approval of this application to use as evidence before the OMB hearing.

Mr. Couture stated that although the application presents no concerns in regard to the Zoning By-law, it is not supported by the Provincial Policy Statements or provisions of the Official Plan.

The applicant advised that he wished to sever the house in order to recoup financial losses resulting from personal issues. He stated that the house had never really been used for hired help on the farm and was never intended for agricultural purposes.

The applicant distributed photos of the house and an aerial view of the property to members of Council.

Members of Council expressed concern that if the application were approved, it may provide false hope to the applicant in regard to his chances for success at the OMB hearing.

Mayor Doan inquired as to whether anyone present wished to speak in favour or in opposition to the application.

Mr. Harry Denhann, who stated he owns an accounting firm in Seaforth which deals mainly with agriculture, referred to the Provincial Policy Statement in regard to development in an agricultural area. He advised that the applicant is not requesting further development and that there are possible uses for this property that are agriculturally related.

Mr Denhann advised that the surplus house was never used by hired help and that severing it would not require any additional services. He requested that Council consider granting the application for compassionate reasons and allow the applicant to appear before the OMB with his application having been approved.

Mr. Bill Clark inquired as to the width of driveway allowance to the field on the property at present. The applicant advised that it is 25 feet. Mr. Clark advised that he wouldn’t have any objection to the application provided he could also sever his property.

There were no additional comments in regard to the application.

Resolution #7

Moved by Lynne DePlancke, seconded by Russell Jull;

That with respect to the application for an amendment to Zoning By-law 07-2003-Z, File No. ZON 3-07-9 by Jack Lodewyks, for lands consisting of Part Lots 2 and 3, Concession 1 (East Oxford), in the Township of Norwich, from “General Agricultural Zone (A2)” to “Rural Residential Zone (RR)” for a 0.42 hectare portion of an existing lot located on the southern part of the farm, the Council of the Township of Norwich do hereby deny the Zone Change.

Carried

The Clerk-Administrator advised all the applicants in attendance regarding the appropriate appeal periods and process.

6. DEPUTATIONS

6.1  Jean Reeve

Re: Request for reduced speed limit on Middletown Line

Ms. Reeve stated that she still believed that a reduced speed limit should be posted on Middletown Line as well as the erection of additional signs to identify the speed limit.

Resolution #8

Moved by Pat Lee, seconded by Larry Martin;

That the deputation of Jean Reeve re: Request for reduced speed limit on Middletown Line be received as information.

Carried

6.2 Paul Michiels, Senior Policy Planner, County of Oxford

Re: Amendments to the County of Oxford Official Plan, Application No. OP 11-144, to incorporate changes as required by the Provincial Policy Statement

Mr. Michiels was present to provide an overview of the amendments. He responded to questions from Council regarding the amendments.

Resolution #12

Moved by Russell Jull, seconded by Lynne DePlancke;

That the deputation of Paul Michiels, Senior Policy Planner, County of Oxford, re: Amendments to the County of Oxford Official Plan, Application No. OP 11-144, to incorporate changes as required by the Provincial Policy Statement be received as information.

Carried

6.3 Jeff Overeem, Nancy Walther – Township of Norwich Heritage Committee

Re: Request to designate the exterior of the old Norwich Library Building

Re: Information regarding the Register of Historical Properties

Re: Comments from the Township of Norwich Heritage Committee regarding request to remove designation from home of Andrew and Deb Malcolm

Mrs. Walther introduced Mr. Jeff Overeem who provided an overhead presentation regarding the Carnegie Library located in Norwich. He provided an overview of the history of the building and a brief biography of Andrew Carnegie. He compared the building to other Carnegie style buildings that were constructed in other locales.

Mr. Overeem also outlined specific highlights of the styles and architectural details of the library. He requested that Council acknowledge the heritage attributes of the building by approving in principle the beginning of the designation process of the exterior of the former library.

Resolution #10

Moved by Pat Lee, seconded by Larry Martin;

That the deputation of Jeff Overeem and Nancy Walther, Township of Norwich Heritage Committee re: Request to designate the exterior of the old Norwich Library Building be received as information.

Carried

Mrs. Walther introduced Mrs. Gail Lewis, Secretary of the Township of Norwich Heritage Committee, who reviewed the list of discrepancies (errors and omissions) that need to be corrected prior to adding these properties to the Register of Historical Properties for Council’s information.