The Corporation of the Town of Essex

Special Council Meeting Minutes

Monday, September 23, 2024 at 4:00 P.m. - 6:00 P.m.

Location: Essex Municipal Building, 33 Talbot Street South

Present:

• Mayor Sherry Bondy
• Deputy Mayor Rob Shepley
• Ward 1 Councillor Katie McGuire-Blais
• Ward 3 Councillor Brad Allard
• Ward 3 Councillor Jason Matyi
• Ward 4 Councillor Rodney Hammond

Absent:

• Joe Garon, Councillor Ward 1
• Kim Verbeek, Councillor Ward 2

Also Present:

• Doug Sweet, Chief Administrative Officer
• Joseph Malandruccolo, Director, Legal and Legislative Services/Clerk
• Lori Chadwick, Director, Development Services
• Kevin Girard, Director, Infrastructure Services
• Kate Giurissevich, Director, Corporate Services
• Jake Morassut, Director, Community Services
• Shelley Brown, Deputy Clerk, Legal and Legislative Services
• Rita Jabbour, Manager, Planning Services
• Ian Rawlings, Junior Planner, Planning Services

​Accessible formats or communication supports are available upon request.  Please contact the Clerk’s Office at [email protected] or 519-776-7336 extension 1100 or 1101.

 

The purpose of this statutory meeting was to consider Zoning By-Law Amendments and an (unrelated) Plan of Subdivision.

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1.

Call to Order

Mayor Bondy called the meeting to order at 4:01 PM.

2.

Land Acknowledgement

We acknowledge that this land is the traditional territory of the Three Fires Confederacy of First Nations (comprised of the Ojibway, the Odawa, and the Potawatomi Peoples), and of the Huron-Wendat Peoples. We value the significant historical and contemporary contributions of local and regional First Nations and all of the Original Peoples of Turtle Island who have been living and working on the land from time immemorial.

3.

Declarations of Conflict of Interest

There were no declarations of conflict of interest noted at this time.

4.

Adoption of Published Agenda

4.1

Special Council Meeting Agenda for September 23, 2024

• SP24-09-005
  Moved By Deputy Mayor Shepley
  Seconded By Councillor Allard

  That the published agenda for the September 23, 2024 Special Council Meeting be adopted with the following amendment:

  That Agenda Item 5.1.2.6 be added to allow Patricia McGorman as a delegate.

  Carried

5.

Reports from Administration

5.1

Development Services-2024-07

RE: Colchester Heights Draft Plan of Subdivision

Lori Chadwick, Director, Development Services, explained that the purpose of this meeting is to receive information on three planning applications including a plan of subdivision and two unrelated zoning by-law amendments.

Director Chadwick provided a summary of the draft plan of subdivision noting that the subject lands are vacant located south of County Road 50 West are vacant, adjacent to existing low density residential, zoned as R1.1 to permit low density residential dwellings and are subject to a holding zone restriction. She explained the applicant was required to submit studies prior to the application and noted that the proposed plan of subdivision complies with the Official Plan and lot regulations for the zoning district under Zoning By-Law 1037. She further explained that the lands are within the ERCA regulated area of Lake Erie and the Langlois-Arner Drain and a permit from ERCA is required prior to any construction and must meet the conditions relating to the stormwater management and drainage. She stated that the Town of Essex recommends approval upon the following conditions: That the owner enter into a subdivision agreement with the Town, conveyance of Block 53 for parkland purposes and registration of an easement along Lots 1, and 12-35 inclusive of a drainage maintenance corridor. She stated that the next steps are for Council to provide a resolution with conditions as presented, followed by a subdivision agreement and final approval of the subdivision from the County of Essex is granted following completion of conditions.

Administration answered various questions directed from the delegates and Council.

Director Chadwick explained that the County of Essex will undertake a specialty crop study in the future and these lands are not designated as prime agricultural lands. She noted that the subject property is lake residential although they can be used as agricultural until they are designated as developed which is the case with any vacant subdivision. She stated that the idea of a barrier such as a fence can be considered in collaboration with the Drainage Department and ERCA to ensure that a fence along the easement would not encumber the corridor.

Kate Giurissevich, Director, Corporate Services, stated that she understands that the County has the final authority to render decision on the plans of subdivisions for this development and by not approving or endorsing these conditions recommended, it could potentially lead to limited to control 

• SP24-09-006
  Moved By Councillor McGuire-Blais
  Seconded By Deputy Mayor Shepley

  That Development Services Report-2024-07 entitled Colchester Heights Draft Plan of Subdivision prepared by Lori Chadwick, Director, Development Services dated September 23, 2024 be received; and

  That the Manager of Planning Services for the County of Essex be requested to give Draft Plan of Subdivision Approval to Colchester Bay Inc. for the development of Colchester Heights Residential Subdivision on lands comprising Part of Lots 1 to 11 and Part of Lot 91, Concession 1 to permit the development of fifty-two (52) single-unit dwellings, in accordance with the draft plan of subdivision prepared by Dillon Consulting and dated July 17, 2024 and subject to the following conditions:

  1. That the Owner enters into a subdivision agreement with the Municipality wherein the Applicant agrees to satisfy all the requirements, financial and otherwise, of the Municipality concerning the payment of development charges (including educational development charges), parkland fees, provisions of roads, installation and capacity of services, including sanitary sewage collection systems, water distribution system, private utilities and stormwater management facilities for the development of the lands within the plan;
  2. That the subdivision agreement, between the Owner and the Municipality, contain provisions, to the satisfaction of the Municipality and the Essex Region Conservation Authority (ERCA), that stipulates, that prior to obtaining final approval, for any and all phases of the development, that the Owner will finalize an engineering analysis, to identify stormwater quality and quantity measures, as necessary to control any increase in flows in downstream watercourses, in accordance with the Windsor-Essex Region Stormwater Management Standards Manual and any other relevant municipal/provincial, standards or guidelines, in consultation, with ERCA;
  3. That the subdivision agreement between the Owner and the Municipality contain provisions that require that the Owner install the stormwater management measures, for each phase of the development, identified in the final engineering analysis completed, as part of the development for the site and undertake to implement the recommendations contained therein, to the satisfaction of the Municipality and ERCA;
  4. That the Owner be required to convey Block 53 to the Municipality for parkland purposes;
  5. That an Easement be registered on title in perpetuity, with wording to the satisfaction of the Municipality and ERCA, to allow access by the Municipality to conduct drain maintenance, and to restrict the construction of buildings and structures of any kind on lots one (1), and twelve (12) through thirty-five (35), inclusive;
  6. That the Engineer’s Report prepared under the Drainage Act include language, to the satisfaction of the Municipality and ERCA, describing adequate working corridors, which includes lots one (1), and twelve (12) through thirty-five (35), inclusive, for the purpose of installing, maintaining, replacing, altering, cleaning, repairing, providing, and operating the Drain. The working corridors shall remain free and clear of any new buildings, structures, fences, concrete, asphalt paving, or other structures or obstructions of any kind.
  7. That, prior to final approval, ERCA shall require a copy of the fully executed subdivision agreement between the Owner and the Municipality, in wording acceptable to ERCA, containing provisions to carry out the recommendations of the final plans, reports and requirements noted above and to obtain a Development Review Clearance for each phase or phases seeking final approval;
  8. That, prior to undertaking construction or site alteration activities, any necessary permits or clearances be received from ERCA, in accordance with Section 28 of the Conservation Authorities Act. If the works are located within an area not regulated by Section 28 of the Conservation Authorities Act, then a Development Review Clearance must be obtained from ERCA, prior to undertaking construction or site alteration activities;
  9. Such other conditions requested by the Manager of Planning Services for the County of Essex as a condition of Draft Plan of Subdivision approval; and
  10. That if feasible a fence or similar barrier be installed.
  Carried
• SP24-09-007
  Moved By Councillor Matyi
  Seconded By Deputy Mayor Shepley

  That Council direct Administration to send a letter to the developers and Dillon Consulting Limited requesting them to host a public open house at the Colchester Community Centre or the Harrow Arena regarding the Colchester Heights Development.

  Carried

5.1.1

Representatives for the Applicant

Melanie Muir, Associate and Project Manager, Kailee Dickson, Project Engineer, and Oliver Moir, Project Drainage Engineer, Dillon Consulting

Melanie Muir, Associate and Project Manager, Dillon Consulting, provided an overview of the Storm Water Management Report and the plan to help alleviate residents' concerns regarding the drainage and flooding. 

5.1.2

Delegations

5.1.2.1

Richard Berecz

Richard Berecz explained that he is the Vice President for Pleasure Beach which is adjacent to Ambassador Beach and the Colchester Heights development. He noted that he is a 30-year resident and apart of five generations of family that has lived on Pleasure Beach. He explained that he has concerns regarding significant flooding and noted that this will exacerbate the flooding situation. He stated that if this development is approved, he recommends that the developer maintain some kind of buffer to separate the properties. 

5.1.2.2

Todd and Cindy Fleming

Todd Fleming explained their main concern is the flooding and the existing infrastructure. Cindy Fleming noted that they are not opposed to affordable housing, however, are concerned about this particular lot as it is on creek and the Arner Drain often floods. 

5.1.2.3

Patrica and Ron Grundner

Patrica Grundner explained that her family has lived year-round on Ambassador Beach for over 60 years. She noted her concerns with flooding and privacy as Ambassador Beach is a private road and a private beach that is not maintained. 

5.1.2.4

Jonathon Straw and Nancy Hughes

Jonathon Straw explained that he is a full-time resident on Santa Ana Avenue which is opposite to lot number 20 in the southwest corner of this development. He addressed concerns regarding the private roads, the private beach, school bus delays, and flooding on the Langlois Arner Drain.

5.1.2.5

Thomas Reavell

Thomas Reavell explained that he is a permanent resident of Ambassador Beach and noted his concerns regarding security, runoff water from newly fertilized lots, fencing along Ambassador Beach Road, and flooding.

5.1.2.6

Patrica McGorman

Agenda Item 5.1.2.6 was added during the adoption of the published Agenda.

Patrica McGorman presented a slideshow outlining her concerns of flooding and the loss of prime agricultural lands.

5.2

Planning-2024-23

RE: Site-Specific Zoning By-Law Amendment – 103 Centre Street (ZBA-05-24)

Ian Rawlings, Junior Planner, Planning Services, explained that the proposed zoning change is for an existing single unit dwelling to be used as a medical office to provide an educational and therapeutic space for children with autism, and the associated office space for staff. He noted that the applicant is seeking an exemption from the required amount of parking spaces for a medical office.

Council adopted the by-law provisionally and directed Administration to return with a report at future Council Meeting with suggestions on how to increase parking and separate the two driveways. 

• SP24-09-008
  Moved By Councillor Hammond
  Seconded By Councillor McGuire-Blais

  That Planning Report-2024-23- entitled Site-Specific Zoning By-Law Amendment – 103 Centre Street (ZBA-05-24) prepared by Ian Rawlings, Junior Planner, dated September 23, 2024, be received; and

  That By-Law Number 2364, being a By-Law to amend By-Law 1037, the Comprehensive Zoning By-Law for the Town of Essex, to permit the use of the existing Single Unit Dwelling located at 103 Centre Street as a Medical Office, be read a first, a second time, and provisionally adopted on September 23, 2024.

  Carried

5.2.1

Applicants

Deanna Marchese-Cunnigham, Owner and Clinical Supervisor, Sara Jacques, Behaviour Analyst, and Steven Cunningham

Deanna Marchese-Cunningham, Owner explained that their business is currently in a commercial property in a high traffic area which possess a risk to her clients with autism as they have no safety awareness. 

5.2.2

Correspondence

Letter from Diane Cleroux

5.3

Planning-2024-24

RE: Site Specific Zoning By-Law Amendment –127 Talbot Street North (Essex Centre, Ward 1)

Rita Jabbour, Manager, Planning Services, explained that the building currently has two attached combined use buildings with a combined existing commercial floor space of 583 square metres, a combined total of four existing dwelling units located on the second level of the building, an existing retail use on the ground level, and a proposed restaurant on the ground level. She stated that the applicant is seeking five residential dwelling units on the ground floor within the combined use building, an exemption from parking requirements for the five ground floor residential units, and an exemption from the amenity space requirements for the five ground floor residential units.

Council directed questions to Administration regarding their concerns of the overnight parking, tax implications, and requested cash in lieu of amenity space.

Council provisionally adopted the by-law and directed Administration to return at a future Council meeting with a report to address their concerns.

• SP24-09-009
  Moved By Councillor Hammond
  Seconded By Councillor McGuire-Blais

  That Planning Report-2024-24 entitled Site Specific Zoning By-Law Amendment –127 Talbot Street North prepared by Rita Jabbour, RPP, Manager, Planning Services dated September 23, 2024, be received; and

  That By-Law Number 2373, Being a By-Law to Amend By-Law 1037, the Comprehensive Zoning By-Law for the Town of Essex, to permit five (5) dwelling units on the ground floor of a combined use building and exemptions to the minimum number of required parking spaces and required amenity area for the lands municipally known as 127 Talbot Street North, be read a first, and a second time and provisionally adopted on September 23, 2024.

  Carried

5.3.1

Applicants

Jackie Lassaline, Registered Professional Land Use Planner and Adam Rossetto, Owner

Jackie Lassaline explained that the purpose of the new units is to create usable space as it currently is wasted space. She noted that the units are at the back of the property, are on the ground level for accessibility, and would be affordable as it would be a small rental unit. She stated that the tenant agreement would stipulate that there is no parking associated with the unit.

6.

Adjournment

• SP24-09-010
  Moved By Councillor Matyi
  Seconded By Councillor Hammond

  That the meeting be adjourned at 6:18 PM.

  Carried