The Corporation of the Township of Huron-Kinloss

Council Meeting Minutes

Meeting #:
Date:
Time:
-
Location:
Council Chambers
Members Present
  • Don Murray, Mayor
  • Jim Hanna, Deputy Mayor
  • Larry Allison, Councillor
  • Shari Flett, Councillor
  • Scott Gibson, Councillor
  • Ed McGugan, Councillor
  • Carl Sloetjes, Councillor
Staff Present
  • Jennifer White, Clerk
  • Jodi MacArthur, Chief Administrative Officer
  • Jeff Bradley, Fire Chief
  • Christine Heinisch, Manager of Financial Services/Treasurer

Mayor Murray called the meeting to order at 7:17 p.m.

  • Resolution No.:08/12/2024 - 01
    Moved ByShari Flett
    Seconded ByScott Gibson

    THAT the minutes of the Council meeting of July 15, 2024 and the minutes of the Committee of the Whole meeting of August 7, 2024 be adopted as presented.   

    Carried

The purpose of the application is to permit 48-unit townhouse development.

If approved, the application would facilitate the development of townhouse buildings for a total of 48 units on the subject lands at 24 Park Street. 
The Planner Benito Russo explained the report and recommendation. 

Presentations from the Applicant
The applicant, Jamie Shephard was in attendance with Travis Burnside from Cobide Engineering firm, and Ron Davidson, planning consultant for the applicant. 

Davidson provided comments.   The development is expected to be a condominium corporation, and indicated that the development would be mixed use designed with a senior population in mind.  

Presentations from the Public

Melissa Baumgaertner resident on Gladstone Crescent questioned whether this development would be exclusively for seniors.  The applicant noted that it is expected to be slab on grade housing, which has been desirable to senior populations, but the site plan process has not been completed at this time and plans may change during the site plan process.  

Baumgaertner expressed concerns about the increase in population in such a small area, but is supportive of seniors housing.  Baumgaertner described the area as quiet and expressed concern about the densification of the area, and the number of new residents in Ripley and perceived impacts to the culture of the community.  

Davidson responded to the concerns by noting that the official plan, and provincial policies supported this type of growth through in-fill densification.  Council noted that they do not have jurisdiction to limit the development to support Seniors only.  

Chris McLennan had inquiries about whether fencing to neighbors had been considered.  Burnside noted that these types of specific issues regarding development are considered at the site plan stage, and not during the zoning consideration.  Burnside also noted to McLennan's question, that currently the rear yard would meet setback provisions as they are considered side yards, however when a vacant land condo process takes place, this become the back yard as a new street would be created.  Preemptively the developer is requesting these  setbacks are being addressed in advance of that process.  McLennan noted that he has a legal non-conforming shed is one foot from property line, that he would like the developer to take into consideration when designing the proposal.    

McLennan expressed concerns about the area indicated on the proposal to be snow storage run off area.  Burnside noted that exact location and requirements for snow storage would be considered in Site plan and a drainage engineer would be required to authorize the arrangements. Burnside also suggested that the site plan agreement would require snow to be trucked away if it reached a certain quantity.  

McLennan inquired about whether the site plan proposed is accurate to what would actually be constructed, and inquired about the minimal visitor parking areas. The current proposal meets the requirements for parking in the zoning by-law as each unit would have one parking space in the garage and one in the driveway. 

The County Planner noted that the planning staff could encourage the developer to install fencing and landscaping to address resident concerns and provided an overview of the Site Plan Control Process that would take place if the zoning amendment was approved. 

Cynthia Kruse of Huron street requested that the notice circulated provide a clearer or larger version of the proposed development to allow residents to fully consider what comments they may have.  Kruse expressed concerns related to lighting of streets, fencing and landscaping, and acknowledged that these would be addressed at the site plan approval stage.  The Planner noted that they could provide a digital copy to interested individuals at their request, which could be printed larger.  

Kruse also inquired as to whether a survey had been conducted on the subject lands recently.  The Planner confirmed that the existing configuration of the lot is on file with the registry office, but as part of the Condo process this survey may be required to be updated.

Wade Armstrong of Huron street  inquired if the proposed roads would be municipal roadways.  Russo noted that this is designed to be a private road within the condo corporation.  The location of the storm water pond was also questioned.  Burnside noted that there is an existing stormwater sewer which would have to be connected to, and which has impacted the proposed location of the pond.  Council noted that a drainage plan would have to be supplied as part of the site plan process .  The Plan would need to support the proposed location of the pond and ensure that stormwater runoff did not adversely impact neighboring property.  

The Applicant confirmed that the existing south side fence, if damaged would be replaced at no cost to the property owner if impacted by construction of the development.  

Amy Armstrong inquired about the existing driveway use.  Burnside noted that this is proposed to be a garbage area, when developed and would be a fenced area which did not provide through access.

The Applicant noted that they would like to develop as soon as possible, but will depend on the timing of the approval process.  Ground is expected to break in Summer of 2025. 

Sean Farrell inquired about the Park Street drain currently under construction and whether there is expected to be additional costs associated with drainage in this development.  Township staff confirmed that this property has already been considered in the assessments for that drain, and would not impact the current assessment schedule.  The Developer would be responsible for obtaining an engineers report to amend assessments if the lands are subdivided. Staff additionally confirmed that this development would not directly influence the Township's tax rate. 

Johanna Baumgaertner inquired about transparency in what lands are available for development and how the public is notified.  In response, Russo explained that the Bruce County Official Plan is being updated and includes areas in the county that may require expansion of their urban boundaries and settlement needs.  The Planner noted that this information is published in the newspapers and on the website and social media. 

Council noted that municipal staff could also provide this information if an inquiry was received.   

Kruse requested that mature cedars should be retained if possible.  

Questions and Clarifications from Council

Members of Council inquired about setbacks, and the storm water management pond. The planner noted that a grading and drainage plan would be required.  Permeable driveways were suggested for consideration.  The planner noted that salt and sand would likely be used to prevent slippage in the winter, and this could have impacts on landscaping.  Russo also suggested that low impact development could be considered by the developer, but is not a requirement. 

Council inquired about whether arrangements had been made for shared usage with the neighboring property.   At this time they have not, and Burnside noted that it would depend on the drainage plan, and other considerations such as easements. 

Council confirmed with the Planner that the draft by-law does not restrict the development to:

  • a bungalow form of housing,
  • to 48 units maximum,
  • max/min 4 or 5 units in a row, and
  • only allows for four visitor spaces for 48 units.

Russo acknowledged that the By-law could be refined by Council to provide more confidence that what is currently proposed is what will be constructed. 

The draft by-law does permit two stories, and the developer is seeking to keep this flexibility.  The applicant did not have an objection to indicating 48 units maximum.  The developer also suggested that leaving in two stories as an option would permit some units to have lofts. 

Council inquired whether the intention was to sell or rent these properties.  It is expected that this would be a condominium corporation as the ownership fabric.  The Applicant's planner provided an overview of the Condominium ownership fabric for the public present.

Council was informed that sidewalks are not proposed at this time, as it will be a private road.  Council requested more information on how waste would be picked up in the development, and Staff noted this would be at the discretion of the Condo Corporation to be formed.  Council referred to Staff to determine if municipal waste collection could be done on a private road. 

  • Resolution No.:08/12/2024 - 02
    Moved ByEd McGugan
    Seconded ByCarl Sloetjes

    THAT the Township of Huron-Kinloss Council approve the planning application Z-2024-42 to permit a 48-unit townhouse development;
    AND FURTHER THAT the Staff bring forward the appropriate by-law as a matters arising. 

    Carried

The purpose of the application is for a Zoning By-law Amendment.  It is proposed that a holding provision is applied in areas of high archaeological potential.   

If approved, the application would facilitate a related Consent for a new agricultural lot.
The Planner, Benito Russo explained the report and recommendation. 

Presentations from the Applicant
The applicant was not present.

Presentations from the Public
No person or public body had comments on the application. 

Questions and Clarifications from Council

The Planner responded to Council questions and noted that the lands would be divided east west to resolve access issues.  

  • Resolution No.:08/12/2024 - 03
    Moved ByLarry Allison
    Seconded ByJim Hanna

    THAT the Township of Huron-Kinloss Council approve the planning application Z-2024-45 to apply a holding provision in areas of high archaeological potential;
    AND FURTHER THAT the Staff bring forward the appropriate by-law as a matters arising. 

    Carried

The purpose of the application is for a Zoning By-law Amendment.  It is proposed that a holding provision is applied in areas of high archaeological potential.

If approved, the application would facilitate a related Consent for a new agricultural lot. 
The Planner, Benito Russo explained the report and recommendation. 

Presentations from the Applicant
The applicant was not present.  

Presentations from the Public
No person or public body had comments on the application. 

Questions and Clarifications from Council

No questions from Council. 

  • Resolution No.:08/12/2024 -04
    Moved ByScott Gibson
    Seconded ByShari Flett

    THAT the Township of Huron-Kinloss Council approve the planning application Z-2024-40 to apply a holding provision in areas of high archaeological potential;
    AND FURTHER THAT the Staff bring forward the appropriate by-law as a matters arising. 

    Carried

Council inquired about payments to other municipalities.  Staff provided examples of when these types of payments would occur such as shared services, agreements, and shared drainage costs.  

  • Resolution No.:08/12/2024 -05
    Moved ByCarl Sloetjes
    Seconded ByEd McGugan

    THAT the Township of Huron-Kinloss Council hereby ratifies and confirms payment of the July 2024 accounts in the amount of $ 1,896,298.82

    Carried
  • Resolution No.:08/12/2024 -06
    Moved ByJim Hanna
    Seconded ByLarry Allison

    THAT the Township of Huron-Kinloss Council hereby reviews and receives the summary revenue and expenditure reports to July 31, 2024 prepared by Christine Heinisch, Treasurer.

    Carried

Council inquired about a maintenance bill on a piece of equipment.  Staff provided the requested information.

  • Resolution No.:08/12/2024 -07
    Moved ByShari Flett
    Seconded ByScott Gibson

    That the Township of Huron-Kinloss Council hereby authorizes payment of the August accounts in the amount of $1,089,310.28

    Carried
  • Resolution No.:08/12/2024 -08
    Moved ByEd McGugan
    Seconded ByCarl Sloetjes

    THAT the Council of the Township of Huron-Kinloss hereby receive for information Report BLD-2024-08-18 prepared by Michele Barr, Deputy Chief Building Official;

    AND FURTHER provide a statement of concurrence to Share Tower Inc in support of the installation of a 45 metre tripole tower structure STC0247 at CON A PT LT 40 Township of Huron Kinloss in accordance with the governing regulations set out by Innovation, Science and Economic Development Canada (ISCD)

    AND FURTHER THAT Council is aware that the jurisdiction for approval of the noted facility rests strictly with ISED Canada, and that the Township’s role is one of a commenting body to ISED Canada and the Applicant

    Carried
  • Resolution No.:08/12/2024 -09
    Moved ByLarry Allison
    Seconded ByShari Flett

    THAT the Township of Huron-Kinloss Council hereby receive for information Report BLDG-2024-08-19 prepared by Michele Barr, Deputy Chief Building Official;

    AND FURTHER approves partial release from The Corporation of the Township of Huron-Kinloss re Transfer Easement No. BR33203 (“the Easement”) over Part 2, Plan 3R 8767, Township of Huron-Kinloss;

    AND FURTHER authorize the Mayor and Clerk to execute all required documentation.

    Carried

The Fire Chief noted that much of the work recommended in the Assessment has been started and is in progress.  The NFPA certification requirement is nearly completed, as is the Radio system installation.  Council inquired about the risk level for dispatch services and whether fire service are able to meet needs.  The Fire Chief noted they have increased staffing and upgraded operations to meet the levels of service requirements.

Staff noted that they are considering an automatic service agreements with Kincardine for water rescue to speed up response times for those specific calls.

Staff confirmed that risk associated with response times to lakeshore area, and water storage capacity concerns for the lakeshore are to be considered for inclusion as necessary in future updates of the document.

Staff confirmed that they are collecting data to ensure that minimum response times are being met per guidelines.  Some of the data shows that some medical calls are being cancelled on route, and there are other factors that affect how response time is calculated. 

  • Resolution No.:08/12/2024 -10
    Moved ByJim Hanna
    Seconded ByCarl Sloetjes

    That the Council of the Township of Huron-Kinloss hereby receives for information Report Number FIR-2024-08-20 Community Risk Assessment, prepared by Jeff Bradley, Fire Chief;

    AND FURTHER THAT Council adopt the Community Risk Assessment (CRA) to be used to inform future decisions on fire protection services within the Township of Huron-Kinloss;

    AND FURTHER that Staff be authorized to submit the adopted CRA to the Office of the Fire Marshall and Emergency Management (OFMEM) for approval.

    Carried
  • Resolution No.:08/12/2024 -11
    Moved ByLarry Allison
    Seconded ByShari Flett

    THAT the "2024 RED Grant Ripley Revitalization Project By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2024-72.

    Carried
  • Resolution No.:08/12/2024 -12
    Moved ByScott Gibson
    Seconded ByEd McGugan

    THAT the "Delegations of Powers and Duties (Signing Officers) By-law be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2024-74. 

    Carried
  • Resolution No.:08/12/2024 -13
    Moved ByCarl Sloetjes
    Seconded ByJim Hanna

    THAT the "Ice Allocation Policy By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2024-75.

    Carried
  • Resolution No.:08/12/2024 -14
    Moved ByShari Flett
    Seconded ByLarry Allison

    THAT the "Corporate Credit Card Policy Amendment (1) By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2024-73.

    Carried

Council discussed the language of the by-law and whether it provided flexibility to the developer to change the type of housing that could be created.  

Council noted that a site plan presented at this stage would be of benefit to commit the developer to the proposal presented to Council and the public. 

Council discussed that the number of units proposed has a planning impact for the municipality related to capacity available.  The developer noted during the Public planning meeting that they did not have an objection to this restriction being noted in the by-law.  

  • Resolution No.:08/12/2024 -15
    Moved ByEd McGugan
    Seconded ByScott Gibson

    THAT the "Zoning Amendment By-law Z-2024-042 Shepherd c/o Davidson By-law" as amended be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2024-76.

    Carried
  • Amendment:
    Resolution No.:08/12/2024 - 15b
    Moved ByLarry Allison
    Seconded ByEd McGugan

    THAT the proposed by-law be amended to include the following condition;

    "that a maximum of 48 units be permitted on the lands subject to the application."

    Carried
  • Resolution No.:08/12/2024 - 15c
    Moved ByJim Hanna
    Seconded ByScott Gibson

    THAT the Township of Huron-Kinloss Council confirm as required by Section 2.48 of the Township's Consolidated Procedural By-law No. 2019-155, that no further public meeting is required and no further notice is to be given in respect of the proposed "Zoning Amendment By-law Z-2024-042 Shepherd c/o Davidson By-law".  

    Carried
  • Resolution No.:08/12/2024 -16
    Moved ByJim Hanna
    Seconded ByCarl Sloetjes

    THAT the "Zoning Amendment By-law Z-2024-045 De Boer By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2024-77.

    Carried
  • Resolution No.:08/12/2024 -17
    Moved ByScott Gibson
    Seconded ByEd McGugan

    THAT the "Zoning Amendment By-law Z-2024-040- Geene By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2024-78.

    Carried
  • Resolution No.:08/12/24 - 18
    Moved ByLarry Allison
    Seconded ByShari Flett

    THAT the Township of Huron-Kinloss Council hereby receives for information all items listed in Section 8.

Council noted that they had received a concern from a resident on Tanglewood that roadway upgrades resulted in losing access to their driveway for trailers. Staff will provide an update at the September Committee of the Whole meeting.

  • Resolution No.:08/12/24 - 19
    Moved ByScott Gibson
    Seconded ByEd McGugan

    THAT the "Confirmatory August By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2024- 79.

  • Resolution No.:08/12/24 - 20
    Moved ByCarl Sloetjes
    Seconded ByJim Hanna

    THAT this meeting adjourn at 9:02 p.m.

    Carried