The Corporation of the Town of Essex

Special Council Meeting Minutes

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Location: https://www.youtube.com/user/EssexOntario
Present:
  • Mayor Richard Meloche
  • Deputy Mayor Steve Bjorkman
  • Ward 1 Councillor Joe Garon
  • Ward 1 Councillor Morley Bowman
  • Ward 2 Councillor Kim Verbeek
  • Ward 4 Councillor Sherry Bondy
  • Ward 3 Councillor Chris Vander Doelen
Also Present:
  • Doug Sweet, Director, Chief Administrative Officer
  • Lori Chadwick, Director, Development Services
  • Kevin Girard, Director, Infrastructure Services
  • Kate Giurissevich, Director, Corporate Services
  • Robert Auger, Town Solicitor, Legal and Legislative Services/Clerk
  • Shelley Brown, Deputy Clerk, Legal and Legislative Services
  • Rita Jabbour, Manager, Planning Services
  • Corinne Chiasson, Assistant Planner

This meeting was hosted and chaired from the Essex Municipal Building. Due to the ongoing COVID-19 pandemic this meeting was not currently open to the public for in person attendance. This meeting can be viewed by the public electronically via livestream on YouTube at www.youtube.com/EssexOntario

 

This statutory public meeting was being held for the purpose of a Rezoning Application at 1110 Ridge Road.


Mayor Meloche called the meeting to order at approximately 4:30 PM.

Councillor Bondy declared a conflict of interest pertaining to Agenda Item 5.2 and stated that the reason for the conflict was due to a family member employed with Upper Canada Growers.

  • SP22-02-004
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Vander Doelen

    That the published agenda for the February 22, 2022 Special Council Meeting be adopted as presented.

    Carried

RE: Site-Specific Zoning Amendment for 1110 Ridge Road

Rita Jabbour, Manager, Planning Services, explained that the purpose of the meeting is to consider a site-specific zoning amendment at the property located at 1110 Ridge Road. She noted that the subject lands are 10 hectares and designated agricultural district 1.1 for general agricultural and farm product support activities. She stated that in December 2020 the property was subjected to an approved zoning by-law amendment to permit the use of the existing dwellings and two ancillary dwellings to accommodate the housing of farm help. She further stated that in 2021 this property was subjected to a site-plan control approval for the development of a green house. 

Ms. Jabbour explained that the applicants are proposing a zoning change to permit two new ancillary dwellings to accommodate the housing of additional farm labour. The proposed ancillary dwellings will have a setback of 429 metres between the dwellings and the commercial grade wind turbine on the neighbouring property at 1040 Ridge Road. She noted that under the current zoning only one single detached dwelling is permitted per lot in the A1.1 zoning district and the zoning by-law requires a 550 metre minimum separation between the commercial grade wind turbine and the dwellings. She explained that the Provincial Policy Statement (PPS) 2020 states that in prime agricultural areas the permitted uses and activities include accommodation for full-time farm labour when the size and nature of the operation requires additional employment. She further explained that the Town of Essex Official Plan allows for one or more ancillary dwellings for the purposes of housing farm labour where the farm operation is of such a size and nature that this assistance is required and residential accommodation needs to be located on or close by the farm. She noted that the Town of Essex Official Plan further indicates that the ancillary dwellings must be located on the lot and accessed in such a way to prevent the creation of a severable residential lot in the future.

Ms. Jabbour explained that Upper Canada Growers Land Inc. ("UCG") is a wholesale fruit tree production company and owns the adjoining parcel of land which totals over 65 hectares of agricultural land in the municipality. She stated that the farm operation is of such a size and nature that this assistance is required and on-site ancillary dwellings would allow for centralization of operations allowing for cost savings as they would not have to transport workers. She noted that management is available on-site 24 hours a day, 7 days a week year-round and the UCG also has six (6) other ancillary dwellings located in Kingsville, Harrow, and Colchester

Ms. Jabbour stated that Administration received comments from the Ministry of Environment, Conservation and Parks due to the proposed location from the existing wind turbine. She explained that the Ministry noted that permitting a dwelling less than 550 metres from a wind turbine exposes residents to noise above the Ministry's allowable sound level limit of 40 decibels which may result in adverse effect under the Environmental Protection Act. She stated that the Ministry recommended that the applicant hire a consultant to assess technologies in relation to noise mitigation and that any noise complaints in relation to impacts to be directed to the Town for follow-up with the applicant should the variance and setback be approved. She further stated that the applicant is currently obtaining a noise consultant to recommend noise mitigation measures and they will be reviewed by Administration and the Ministry. 

Ms. Jabbour explained that the next step is the presentment of a report to Council and a proposed by-law along with a Site Plan Agreement at the next Regular Council Meeting on March 7, 2022.

Councillor Verbeek read a letter from the Justice for Migrant Works (J4MW) to Council and the public regarding the potential occupational health and safety hazards with respect to noise and its impact on the wellbeing of migrant farm works employed at UCG. 

Deputy Mayor Bjorkman explained that he is not disagreeing with the letter and wanted it noted the Town is not proposing anything but rather the Town is receiving a proposal.

Councillor Verbeek asked if there was somewhere else on the property that the bunk houses could be built.

Ms. Jabbour noted that she consulted with the applicant and suggested that they switch the location of the dwellings with the location of the warehouse but the warehouse needs to be at the road front.

  • SP22-02-005
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Bowman

    That the presentation entitled Site-Specific Zoning Amendment for 1110 Ridge Road, be received.

    Carried
  • SP22-02-006
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Garon

    That the correspondence listed in Agenda Item 4.2 be received.

    Carried

RE:  Site-Specific Zoning Amendment for 1120 Ridge Road

Dianne York explained that her and her husband reside at 1120 Ridge Road which is 30 feet north of the warehouse and loading dock at 1110 Ridge Road. She noted that she opposes the amendment to the by-law due to stormwater management and believes that before additional construction is approved, this issue needs to be addressed. She explained that a ground water impact assessment needs to be conducted to determine if there will be negative impacts to the highly vulnerable aquifer and that a Ministry of the Environment, Conservation and Parks ("MECP") septic field is required for the property to meet current and future needs for the dwellings and septic needs for the employees. She further noted some concern regarding the site plan calculation of the lot coverage as the calculation includes parking, driveways, and septic fields but the site plan does not include these in their calculation. Ms. York requested that the access remain on the south side of the warehouse to avoid traffic on the north side of the warehouse to maintain privacy.

Rita Jabbour, Manager, Planning Services, indicated that the bunkhouses and warehouse are subjected to a site plan approval process which will look at the stormwater management plan along with buffering measures when ensuring the property meets the zoning regulations with respect to parking and comments from the Essex Region Conservation Authority ("ERCA") with respect to any matters concerning groundwater. Ms. Jabbour stated that it is a highly vulnerable aquifer however they have not indicated the need for a groundwater impact statement and it is up to the proponent to work with the risk management official at ERCA. She noted that the applicant will need to provide confirmation that no other studies or mitigation plans will be required as part of the site plan control process with respect to the septic system which is under the jurisdiction of the Chief Building Official and will be addressed during the building permit process.

RE: Applicant for a Site-Specific Zoning Amendment for 1110 Ridge Road

Rob Haynes, President, UCG Land/Upper Canada Growers explained that he attempted to purchase the windmills over a year ago but was unsuccessful. He stated he will be creating a large pond for the purpose of stormwater along with a large berm on the west side and east side of the help houses to mitigate the sound from the wind turbine.

Councillor Vander Doelen noted that wind direction plays a large part in sound transmission and stated that a large portion of the winds in Essex County are predominantly westerly.

Mr. Haynes explained that there is a house on the property that he lived in for approximately 10 years and rarely noticed noise from the wind turbine. He further explained that he will be using the soil from the pond to construct a berm.

Deputy Mayor Bjorkman asked how far away the bunk houses are from the wind turbine.

Mr. Haynes noted that they are 520 metres away from the windmill.

Councillor Bjorkman confirmed with Mr. Haynes that the sanitary sewers are between the bunk houses. He asked if there was a way to place the bunk houses together and move the sanitary sewers.

Mr. Haynes explained that there is no problem moving the sanitary sewers but the reason he designed it that way was to provide the migrant workers with a large soccer field.

Councillor Bjorkman explained that health and safety is more important than the soccer fields. He further noted that when we allow people to build on their property we cannot allow them to impinge on the property of another individual.

Councillor Verbeek noted that if we allow these bunkhouses to be built we will be ignoring multiple recommendations and she agrees with moving the bunk houses together.

Larry Snively, Upper Canada Growers, asked Ms. Jabbour if the noise study would be required if the bunkhouses are moved.

Ms. Jabbour stated that the noise study would still be required and that the recommendation is that the consultant hire a qualified person to provide recommendations on noise mitigation measures whether in a form of a memo or a study.

  • SP22-02-007
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bjorkman

    That the meeting be adjourned at 5:20 PM.

    Carried