File photo: current Central Elgin Council

As Mayor Walters explained it at their meeting of January 21, 2013, for Central Elgin Council to vote against the Prespa Zoning By-Law Amendment regarding 140 St. George Street in Lynhurst is to vote against their own Official Plan and their own zoning by-laws that they developed and which allow for infilling and intensification. Such action on their part could not be supported in an OMB appeal.

Correspondence (Action)

1. Ron McNeil Line Water Pipeline:
Correspondence received from property owners on Ron McNeil Line seeking support from Council to approach Green Lane Community Trust on their behalf to fund some of the cost of the Ron McNeil Line Water Pipeline.

We, the undersigned, are asking the Municipal of Central Elgin to approach Green Lane Community Trust on our behalf to fund some of the cost of the Ron McNeill water pipeline.

Our petition for the Ron McNeil waterline has been on hold while the residents of Southwold whom are part of our petition attempted to have the Township of Southwold apply on their behalf to Green Lane Trust. In the past, the Township of Southwold has used Green Land Trust funds to cover a portion of the cost of almost all water pipeline projects. To date, the Ron McNeil petitioners have not been successful in getting the Township of Southwold to agree to apply to Green Lane Trust.

Mayor Walters said he talked to Southwold Mayor Jim McIntyre and Southwold will support the application to find out if funds for this project would be available from Green Lane Trust. Council passed a resolution of support for this project seeking funds Green Lane Trust.

Correspondence (for Council's Information)

1. Petition - 140 St. George Street:
Copy of petition received from residents respecting Prespa Development, 140 St. George Street.

... Too little thought to servicing capability and traffic issues, because of present design and age of infrastructure, has been done and no comprehensive details have been forthcoming to ensure that the land use will be restricted to "free hold condominiums" of a value consistent with present streetscape. Water, sewer, traffic flow, and road conditions, as evidenced by residents' experiences, suggests that too little concrete data from 'traffic, water, and sewer studies' has been compiled. ...

The petition containing 105 signatures of residents in the affected area was presented to the Land Division Committee. The Land Division Committee approved the severance applications anyway.

Councillor Martyn expressed concern over the number of signatures on the petition. Mayor Walters said the concerns and objections raised by the petitioners are best addressed through site plan and development agreements. Council passed a resolution to receive and file this correspondence as information.

Report CEP 04-13: Application to Amend Township of Yarmouth By-law 1998 - Prespa Construction Limited, 140 St. George Street

Residents' Objection: The proposed development is not compatible with the existing neighbourhood.
Staff Response: Opinions on perception and preferences are difficult issues to address from a land use planning perspective, because they are just that, opinions. ...

The report says the density and type of proposed housing is compatible with the existing housing type in the surrounding neighbourhood.

Residents' Objection: The proposed development will negatively impact existing services (sewer and water).
Staff Response: No servicing constraints with respect to municipal water supply, sanitary sewer or storm sewer services were identified.

Residents' Objection: The proposed development will negatively impact traffic. Local residents state that they believe the proposed development.
Staff Response: No significant impacts to traffic operation and safety on St. George Street and local streets were identified (traffic study completed).

Residents' Objection: Construction traffic will negatively impact Nathan Street and Vineden Drive.
Staff Response: ... as a condition to development that one of the three lots to be created on St. George Street remain undeveloped and available as a construction access until the condominium development is complete, after which the lot can be developed.

Staff Comment: The proposed condominium development represents an infilling development on lands fully serviced/serviceable with municipal water and sanitary sewage. The more efficient use of serviced lands through infilling and other forms of intensification is supported by the policies of the Municipality's Official Plan and Provincial interest as expressed through the 2005 Provincial Policy Statement.

Councillor Matthews questioned the entire proposed development, noting that "here we have a community with huge support against this, and yet this council is currently in the process of drafting a by-law to keep parts of Port Stanley the same ... It seems strange we can control development in Port Stanley but not help these people."

"It's very unfortunate that nobody's listening to them," Matthews continued. "As far as I know there's not a law on the books that says we have to do this. I'm just very disappointed."

"There are so many people opposed," Councillor Martyn again noting the number of signatures on the petition. "I know it's provincial policy to infill. Could Prespa go to the OMB if we say no?"

Jim McCoomb noted that infilling and intensification in this very area were also part of Central Elgin's new Official Plan, as well as being part of provincial policy. He said that either party, Prespa or the neighbours, could appeal to the OMB if they don't like Council's decision.

Martyn to know what the cost was to appeal to the OMB. McCoomb said it was $125 to file the appeal, but the appellant would also need planning experts and lawyers if they hoped to be successful. If the matter does go to an OMB appeal, Central Elgin would have to defend their decision, and if the decision they are defending is one which goes against Prespa, they would effectively be arguing against the rules in their own Official Plan and Zoning By-laws which allow for this type of development, rules which they developed.

Councillor McNeil said he had to "go on the record" to "commend the mayor and the deputy mayor for the very responsible way they've handled this file," noting the public meeting on the proposed Zoning by-law amendment lasted one hour an 45 minutes, giving everyone a chance to have their full say.

Deputy Mayor Marr said that voting against it would mean they would "have to argue that the rules we developed ourselves are wrong ... Our strength and control is in the site plan and development agreement."

By-law 1553: Zoning By-law Amendment - Prespa Construction Ltd., 140 St. George Street
In a recorded vote requested by Councillor Matthews, the by-law passed with all members of Council voting in favour of it, except for Councillor Matthews who voted against it.

The owner of Prespa Construction was sitting in the audience and, ahead of this Council meeting, this writer did ask him if he could make his buildings prettier, as the current ones are a bit ugly - not as ugly as those of another local builder, I told him, but they could use some improvement.

Reports

CEP 01-13: New Planning Application Forms
Recent changes in the Planning Act and in Central Elgin's fees schedule necessitated new planning application forms.

The principle intent of the new forms is to facilitate the application process for the applicants, particularly in ensuring their applications are complete. It is intended to be of particular assistance to those less familiar with the planning process to ensure they meet their obligations and their rights are protected.

It is proposed that pdf versions of the applications be made available on-line through the Municipal website. Staff are also currently working on electronic 'form' versions that will allow the applications to be filled out on a computer in advance of submission.

Council received this report as information without discussion.

CEP 02-13: Proposed Antenna Siting Protocol
Council received the Municipality of Central Elgin Antenna Siting Protocol dated January 2013 and authorized its use in the review of all future communication tower proposals;

Council concurred with the proposed application fees of $300 for a full review with public consultation and $100 for excluded structures; and

Council directed staff to circulate the protocol to industry carriers/installers, the Elgin Amateur Radio Society and the City of St. Thomas for review and possible comment.

CEP 03-13: Application to Amend Township of Yarmouth By-law 1998 - St. Thomas Cemetery Company, 42696 Southdale Line
Much of the focus on this application has been on the possibility of a crematorium being built on the property. This has distracted from the original intent of the application, being to zone the property for cemetery use. The subject lands have been used as a cemetery since 1910, however the current OS1 zoning would require the St. Thomas Cemetery Company to come back to the Municipality for a planning approval on almost every change they would like to implement, particularly anything requiring a building permit. South Park Cemetery Is anticipated to see more activity in the future, given that the other cemeteries run by St. Thomas Cemetery Company are quickly filling up. Having the lands properly zoned for cemetery use will assist the Company in responding to local needs and implementing its long term plans for the cemetery.

Council received the four-page report as information and without discussion.

By-laws

• Taken and passed collectively:
• By-law 1552: Confirmatory By-law
• By-law 1554: Being a By-law to Execute a Development Agreement respecting Canadale Nurseries Ltd, 269 Sunset Drive

New Business: Council will need to reschedule their February 25th meeting as they will be at the Good Roads Conference on that date.

Unfinished Business
1. Year Round Depot: staff report to come forward

Closed Session

• CS1: Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c)) - Sports Field
• CS2: Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c)) - Lease