The Corporation of the Township of Huron-Kinloss

Council Planning Meeting Minutes

Meeting #:
Date:	Monday, September 14, 2020
Time:	7:00 P.m. - 9:00 P.m.
Location:	Electronic Meeting

Members Present

• Don Murray, Deputy Mayor
• Lillian Abbott, Councillor
• Jeff Elliott, Councillor
• Jim Hanna, Councillor
• Ed McGugan, Councillor
• Carl Sloetjes, Councillor

Members Absent

• Mitch Twolan, Mayor

Staff Present

• Emily Dance, Clerk
• Matt Farrell, Building & Planning Manager/ CBO
• Grant Collins, Drainage Superintendent
• Coreena Smith, Senior Planner County of Bruce
• Julie Steeper, Planner County of Bruce
• Stephen Brickman, P.Eng, Dietrich Engineering

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1.

Call to Order

Deputy Mayor Murray called the meeting to order at 7:00 pm

• Resolution No.:

2.

Disclosure of Pecuniary Interest

3.

Adoption of the Minutes

3.1

Adoption of Minutes

• Resolution No.: 563
  Moved by: Lillian Abbott
  Seconded by: Jeff Elliott

  THAT the Township of Huron-Kinloss Council hereby adopts the August 5, 2020 Committee of the Whole Meeting minutes as presented.

  Carried

4.

Public Meetings Required Under the Planning Act

4.1

Z-2020-023 Dyer, Christopher

Legal Description: Range 3 SDR Lot 14 to 15
Municipal Address: 380 Guest Ave
Current Zoning: General Agriculture (AG1) and Environmental Protection (EP)
Proposed Zoning: General Agriculture Special (AG1-x) and Environmental Protection (EP)
The proposal is to permit a second dwelling for farm help.  

Coreena Smith, Senior Planner County of Bruce presented the Planning Report. 

Council Questions and Comments
Council clarified that the application is acceptable to the County with the exception of access over Black Creek municipal drain, and that it was at the request of Saugeen Valley Conservation Authority (SVCA) that deferral be requested.

The planner confirmed the SVCA requested deferral until a flood plain analysis was completed or a drainage engineer report received and reviewed to ensure safe access. 

Council voiced that if the application were deferred then it would take the construction into the new year. 

Council noted that an addition to the current dwelling would not require a planning application or a flood plain analysis and that the current access has no issues.  Secondary dwellings are acceptable in our official plan and zoning. 

Council questioned SVCA authority for municipal drains.

Council asked about the flood modeling used, 50 yr, 100 yr.  The Planner explained that the calculation comes from the province and is developed on volume and regional storm not a 100 year storm. 

Council supported the application and requested a caveat to ensure safe access yet not hold up the application further.

Presentation from the Public
Chris Dyer, applicant – Mr. Dyer explained they have been working on the application for a while and have experienced delays due to the COVID-19 pandemic.  He noted that SVCA had come to do a site visit and suggested the applicant wait for Township approval before doing a flood plain analysis, yet recommended deferral until either a flood plain analysis was completed or engineer report received. It became a spiral. The applicant desperately wants to built the second dwelling and willing to do what is required to move forward.  He then thanked Council for their time.   

• Resolution No.: 564
  Moved by: Jim Hanna
  Seconded by: Ed McGugan

  THAT the Township of Huron-Kinloss Council hereby defers their decision on the Zoning By-Law Application submitted by Christopher and Jacqueline Dyer for the property described as Range 3 SDR Lot 14 to 15 to a later date to allow staff from Bruce County, the Township of Huron-Kinloss, Saugeen Valley Conservation Authority and other review agencies, as may be required, the opportunity to receive, review and comment on an anticipated report from Dietrich Engineering Limited outlining recommended upgrades to the Black Creek Municipal Drain and how those upgrades will impact the subject Zoning By-law Amendment application. 

  Defeated
• Resolution No.: 565
  Moved by: Jim Hanna
  Seconded by: Ed McGugan

  THAT the Township of Huron-Kinloss Council hereby approves the Zoning By-Law Application submitted by Christopher and Jacqueline Dyer for the property described as Range 3 SDR Lot 14 to 15 to AG1-Special with a holding provision to allow for a second dwelling within the building cluster. 

   

  Carried

4.2

Z-2020-041 Knorr

Municipal Address: 915 Statters Lake Ave

Current Zoning: General Agriculture (AG1) and Environmental Protection (EP)

Proposed Zoning: General Agriculture Special (AG1-x) General Agriculture (AG) and Environmental Protection (EP)

The proposal is to rezone a portion of the property (60m x 45m) to General Agriculture Special (AG1-x) to allow for the placement of a Parochial School.

Julie Steeper, Planner County of Bruce presented the Planning Report.

Council Questions and Comments
Council questioned if the school would be placed above grade and the reasoning for an archaeological assessment.

The planner explained that the schoolhouse would be placed on blocks above grade.

Council noted that the assessment should be simple and questioned if it is a requirement that could be challenged.

The Manager of Building and Planning explained that challenging the archaeological assessment in this application may not be appropriate due to the provincial regulations.

It was noted that the building is commonly known as a portable and the applicant was given permission to place the building in the proposed location while the application was in process. 

Council understood that that building was being used and requested a letter be sent to the applicant to explain that until the zoning was approved that the building was not to be used. 

Presentation from the Public

There were no presentations from the public on the application.

• Resolution No.: 566
  Moved by: Carl Sloetjes
  Seconded by: Lillian Abbott

  THAT the Township of Huron-Kinloss Council hereby approves the zoning By-Law application submitted by Edward Knorr for the property described as Concession 9, Lot 2 (Kinloss); 915 Statters Lake Ave to rezone a portion of the property to General Agriculture Special to allow for the placement of a Parochial School AND FURTHER authorize the appropriate By-Law coming forward.

  Carried

5.

Public Heating to Consider Engineers Report (8:00 pm)

5.1

Emerson Municipal Drain

Stephen Brickman, P. Eng, Dietrich Engineering presented the Emerson Drain, 2020 report and provided Council with the background on the drain.

Comments from the Public
Greg Lowry, o/b Wayne Lowry - Requested clarification on the project grubbing and tree removal process.   

The Engineer explained that the grubbing and tree removal description is contained in Schedule H.  The contractor shall clear and brush trees within the working area (max 12 m) that interfere with the construction of the drain.  However, if the 12 m is not required then only the amount to trees necessary to do the work will be taken out. All trees, limbs and brush less than 150 mm in diameter will be mulched/chipped and trees greater than 150 mm shall be cut to lengths no greater that four meters and stacked in piles. 

Mr. Lowry questioned the fill removal and indicated he has a place where it could be used.  The Engineer explained that this may be a viable option.  SVCA would be required to be notified to know where it was going and that they could speak after the meeting for further details.  

• Resolution No.: 567
  Moved by: Jeff Elliott
  Seconded by: Jim Hanna

  THAT the Township of Huron-Kinloss Council hereby accepts the report presented by Dietrich Engineering Limited for the Emerson Municipal Drain, 2020 serving Lots 1 to 9, Concession 10 (Huron), Lots 1 to 12, Concession 11 (Huron), Lots 1 to 8, Concession 12 (Huron) Lots 1 to 5 Concession 10 to 12 (Kinloss) and Lots 1 to 6, Range 3 S.D.R. (Kinloss) AND THAT the Court of Revision for the Emerson Municipal Drain, 2020 be held at 7:00 p.m. on Wednesday October 14, 2020.

  Carried

6.

Staff Reports

7.

By-Laws and Agreements

7.1

By-Law No. 2020-86 being the Emerson Municipal Drain, 2020

• Resolution No.: 568
  Moved by: Ed McGugan
  Seconded by: Carl Sloetjes

  THAT By-Law No. 2020-86 being the Emerson Municipal Drain, 2020 By-Law be read a first and second time and provisionally adopted this 14th day of September, 2020.

  Carried

8.

Confirming By-Law

8.1

By-Law No. 2020-87 being the September, 2020 Confirmatory By-Law

• Resolution No.: 569
  Moved by: Lillian Abbott
  Seconded by: Jeff Elliott

  THAT By-Law No. 2020-87 being the September, 2020 Confirmatory By-Law be read a first, second, third time and finally passed this 14th day of September, 2020.

  Carried

9.

Adjournment

• Resolution No.: 570
  Moved by: Jim Hanna
  Seconded by: Ed McGugan

  THAT the Township of Huron-Kinloss Council hereby adjourns at 8:20 pm

  Carried