Special Council Meeting Agenda

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

Location: Essex Municipal Building, 33 Talbot Street South

Location: Essex Municipal Building, 33 Talbot Street South and by livestream at https://www.youtube.com/@EssexOntario​

 

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 is to consider Zoning By-Law Amendments and an (unrelated) Plan of Subdivision.

 

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1.

Call to Order

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

4.

Adoption of Published Agenda

4.1

Special Council Meeting Agenda for September 23, 2024

• That the published agenda for the September 23, 2024 Special Council Meeting be adopted as presented / amended.

5.

Reports from Administration

5.1

Development Services-2024-07

RE: Colchester Heights Draft Plan of Subdivision

• 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; and
  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

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

5.1.2

Delegations

• That all delegations in Agenda Item 5.1.1 regarding Colchester Heights Draft Plan of Subdivision be received.

5.1.2.1

Richard Berecz

5.1.2.2

Todd and Cindy Fleming

5.1.2.3

Patrica and Ron Grundner

5.1.2.4

Jonathon Straw and Nancy Hughes

5.1.2.5

Thomas Reavell

5.2

Planning-2024-23

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

• 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, and a third time and finally passed on September 23, 2024.

5.2.1

Applicants

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

• That the presentation by Deanna Marchese-Cunnigham, Owner and Clinical Supervisor, Sara Jacques, Behaviour Analyst, Behaviour Essentials Inc. and Steven Cunningham be received.

5.2.2

Correspondence

Letter from Diane Cleroux

• That the correspondence listed in Agenda Item 5.2.2 be received.

5.3

Planning-2024-24

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

• 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, a second, and a third time and finally passed on September 23, 2024.

5.3.1

Applicants

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

6.

Adjournment

• That the meeting be adjourned at __________.