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The Corporation of the Township of King Council

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The Corporation of the Township of King Council THE CORPORATION OF THE TOWNSHIP OF KING COUNCIL MEETING AGENDA #17 MONDAY, SEPTEMBER 26, 2016 - 6:00 P.M. COUNCIL CHAMBERS Page 1. CALL TO ORDER 2. INTRODUCTION OF ADDENDUM ITEMS Any additional items not listed on the agenda would be identified for approval. 3. APPROVAL OF AGENDA 4. DECLARATIONS OF PECUNIARY INTEREST 5. MAYOR'S COMMENTS 6. PUBLIC MEETING(S) 5-21 6.1 Planning Department Report Number P-2016-35 Re: Application for Zoning By-law Amendment Application File No.: Z-2016-13 Part Lot 19 & 20, Concession 6 4235 & 4355 17th Sideroad, Township of King Owners: Mary Lou Rose (4235 17th Sideroad) Nature Conservancy of Canada (4355 17th Sideroad) Agent: Mark Stabb, Nature Conservancy of Canada Date of Notice: September 2, 2016 A. That Planning Report No. P-2016-35 BE RECEIVED as information; B. That Zoning By-law Amendment application file number Z-2016-13, to facilitate a conveyance of 10.52 hectares (26.0 acres) of land from 4235 17th Sideroad to the property at 4355 17th Sideroad for natural heritage conservation purposes, and which seeks to sterilize the proposed severed lands as well as the remainder of the lands located at 4355 17th Sideroad for building purposes by restricting the range of permitted uses to those which are consistent with conservation purposes BE RECEIVED and referred back to staff for a further recommendation report to be presented to the Committee of the Whole upon receipt and review of all agency and public comments. 7. ADOPTION OF MINUTES OF COUNCIL MEETINGS AND COMMITTEE REPORTS Page 1 of 45 Council Agenda - Mon., Sept. 26, 2016 Page 7.1. COUNCIL MINUTES 22-24 7.1.1 Minutes of the Council Meeting of September 12, 2016 7.2. COMMITTEE REPORTS 25-26 7.2.1 Committee of the Whole Working Session Report of September 12, 2016 27-31 7.2.2 Committee of the Whole Reports of September 12, 2016 8. NOTICE OF MOTION 9. MOTION TO RECESS INTO COMMITTEE OF THE WHOLE 10. RE-CONVENE COUNCIL MEETING 11. ADOPTION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS 12. MOTION TO RECESS INTO COMMITTEE OF THE WHOLE, CLOSED SESSION TO CONSIDER: Motion to move into Closed Session pursuant to Section 2.7(b) of the Procedural By-law Number 2007-76 to consider the items as set out in the Agenda. 12.1 Section 2.7(b), Subsections 5 and 6: Litigation or Potential Litigation Affecting the Municipality Planning Department Report Number P-2016-37 Re: Ontario Municipal Board Matter - Severance 12.2 Section 2.7(b), Subsections 5 and 6: Litigation or Potential Litigation Affecting the Municipality Planning Department Report Number P-2016-38 Re: Ontario Municipal Board Matter - Severance 12.3 Section 2.7(b), Subsections 5 and 6: Litigation or Potential Litigation Affecting the Municipality Planning Department Verbal Report Re: Ontario Municipal Board Matter Energy Official Plan Amendment (OPA) Appeal Update Page 2 of 45 Council Agenda - Mon., Sept. 26, 2016 Page 12. MOTION TO RECESS INTO COMMITTEE OF THE WHOLE, CLOSED SESSION TO CONSIDER: Motion to move into Closed Session pursuant to Section 2.7(b) of the Procedural By-law Number 2007-76 to consider the items as set out in the Agenda. 12.4 Approval of Closed Session, Confidential Reports Committee Closed Session Confidential Report of August 29th, 2016 13. RE-CONVENE COUNCIL MEETING 14. BUSINESS ARISING FROM CLOSED SESSION 15. BY-LAWS 32-42 By-law #2016-88 A BY-LAW TO AMEND ZONING BY-LAW NUMBER 74-53, AS AMENDED (Ref. Planning Dept. Report No.: P-2016-34, C.O.W. Sept.26/16, File No.: Z- 2016-10, Pt. Lot 5, Conc. 3, 2075 King Road, King City) 43 By-law #2016-89 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO ACCEPT A PROPOSAL AND AUTHORIZE A CONTRACT FOR THE SUPPLY OF AN EMPLOYEE CLOTHING PROGRAM FOR THE TOWNSHIP OF KING (Ref. Parks, Recreation & Culture Department Report No.: PRC-2016-22, C.O.W. Sept. 26/16 – RFP 2016-P10 – Employee Clothing Program) 44 By-law #2016-90 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO ENTER INTO A USER AGREEMENT BETWEEN THE NOBLETON TENNIS CLUB AND THE CORPORATION OF THE TOWNSHIP OF KING (Ref. Parks, Recreation & Culture Dept. Report No: PRC-2016-21, C.O.W. Sept. 26/16, 2016 – Nobleton Tennis Club Funding Agreement) 16. CONFIRMATION OF PROCEEDINGS BY-LAW 45 By-law #2016-91 A BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL AT ITS MEETING HELD ON SEPTEMBER 26, 2016 Page 3 of 45 Council Agenda - Mon., Sept. 26, 2016 Page 17. ADJOURNMENT Page 4 of 45 KING THE CORPORATION OF THE TOWNSHIP OF KING REPORT TO COUNCIL Monday, September 26, 2016 Planning Department Public Meeting Report P-2016-35 RE: Application for Zoning By-law Amendment Application, File No. Z-2016-13 Part Lot 19 & 20, Concession 6 4235 & 4355 17*^ Sideroad Owners: Mary Lou Rose (4235 17"^ Sideroad) Nature Conservancy of Canada (4355 17^^ Sideroad) Agent: Mark Stabb, Nature Conservancy of Canada 1. RECOMMENDATIONS: The Planning Department respectfully submits the following recommendations: A. That Planning Report No. P-2016-35 BE RECEIVED as information; B. That Zoning By-law Amendment application file number Z-2016-13. to facilitate a conveyance of 10.52 hectares (26.0 acres) of land from 4235 17"^ Sideroad to the property at 4355 17"^ Sideroad for natural heritage conservation purposes, and which seeks to sterilize the proposed severed lands as well as the remainder of the lands located at 4355 17^*^ Sideroad for building purposes by restricting the range of permitted uses to those which are consistent with conservation purposes BE RECEIVED and referred back to staff for a further recommendation report to be presented to the Committee of the Whole upon receipt and review of all agency and public comments. 2. PURPOSE: The Intent of the zoning amendment application is to facilitate the conveyance of 10.52 hectares (26.0 acres) of land from 4235 17'^ Sideroad to the property at 4355 17'^ Sideroad for natural heritage conservation purposes. The amendment seeks to sterilize the proposed severed lands for building purposes by restricting the range of permitted uses to those which are consistent with conservation purposes. In addition, 0.88 hectares (2.2 acres) are proposed to be conveyed from 4355 17'^^ Sideroad to the property at 4235 17^^ Sideroad for continued residential purposes. The amendment further proposes to sterilize the remainder of the lands located at 4355 1/"^ Sideroad by restricting the range of permitted uses to those which are consistent with conservation purposes. Concurrent consent applications have also been submitted by the applicant to the Township of King Committee of Adjustment for the purposes of severing and conveying the above referenced lands. Planning Department Report Page 5 of 45 Number P-2016-35 Planning Department Report P-2016'35 Page 2 3. PROPERTY DESCRIPTION: The subject lands are identified as 4235 & 4355 Sideroad and measure 22.7 hectares (56.1 acres) and 27.0 hectares (66.7 acres), respectively. The properties are mostly covered by dense deciduous forest forming part of the Happy Valley Forest Reserve. The property at 4235 17"* Sideroad also supports two detached residential dwellings and three accessory structures. The property located at 4355 17"^ Sideroad is zoned Rural General (RU1), Oak Ridges Moraine Feature Protection (ORMFP), and Oak Ridges Moraine Natural Core and Linkage (ORMNCL) by Zoning By-law 74-53, as amended by Oak Ridges Moraine Conformity By-law 2005-23. The property located at 4235 17"^ Sideroad is zoned Rural General (RU1) - Exception Section 22.70 which permits an additional single detached dwelling for a fulltime caretaker. Oak Ridges Moraine Feature Protection (ORMFP), and Oak Ridges Moraine Natural Core and Linkage (ORMNCL) by Zoning By-law 74-53, as amended by Oak Ridges Moraine Conformity By-law 2005-23. The subject lands are located within the Natural Core Area of the Oak Ridges Moraine Conservation Plan Area. Surrounding Land Uses: North: Residential East: Residential South: Residential West: Residential 4. PUBLIC NOTICE AND COMMENTS: The subject application has been circulated in accordance with the requirements of the Planning Act for a Public Meeting. Comments have been requested from the relevant departments and agencies. Notice of the Public Meeting was mailed to all surrounding property owners and the required notice sign has been erected on the property. In addition, a newspaper notice was posted inthe King Weekly Sentinel. Atthe time of the writing of this report. Planning staff has received the following comments from the public regarding the application (attached). Interested Parties Comments Bill Salmon-15460 7" Request the Township impose a condition on any Zoning By-law Concession amendment requiring that the trails be reopened and stay available to trail riders and hikers. (Aooendix B) Norman Playfair- 442517^" Object to the Municipal or Regional government placing any Sideroad public access provisions upon the subject properties. Request that all access to the property be eliminated for a period of time, then only allow specific trails to be utilized by people on foot and dogs on a leash - no bicycles, motorcycles or horses. Additionally requests that the municipality provide funding to the Nature Conservancy to assist them with supervision of the property. (Appendix C) David Love - 14645 7*" Supports the application and the Nature Conservancy's work to Concession both allow limited equestrian access and preserve the integrity of Happy Valley Forest. (Appendix E) Planning Department Report Page 6 of 45 Number P-2016-35 Planning Department Report P-2016-35 Page 3 5. AGENCY COMMENTS: The application has been circulated to the Lake Simcoe Region Conservation Authority and various internal Township departments.
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