CORPORATION OF THE TOWNSHIP OF HAMILTON REGULAR COUNCIL MEETING AGENDA April 16, 2019 at 1:00 PM. Members: Absent with notice: Staff: Kate Surerus, Clerk, Director Corporate Services; Arthur Anderson, Chief Administrative Officer; Paul Dowber, Treasurer Media: Page 1. Call To Order 2. Additions to agenda 3. Confirmation of Council Agenda 4. Declarations Of Pecuniary Interest And The General Nature Thereof 5. Presentations/Delegations 6. Public Hearings/Meetings (if required) 4 - 15 6.1 Report ZBA 12 2018 Baltimore United Church 9313 Burwash Road 16 - 20 6.2 Report ZBA 02 2019 Hunter 1573 & 1577 Ash Road 7. Planning By-laws 21 - 23 7.1 By-law 2019-27 ZBA 02 2019 Hunter 24 - 26 7.2 By-law 2019-28 ZBA 12 2018 Baltimore United Church 8. Adoption of Previous Council meetings and COTW meetings 8.1 27 - 35 Minutes of the Regular Council meeting held March 19, 2019 36 - 37 8.2 Minutes of the Committee of the Whole meeting held April 9, 2019 9. Business Arising From Previous Minutes 10. Committee Reports 38 - 41 10.1 Minutes of the Heritage Advisory Committee meeting held March 27, 2019 11. Public Works & Infrastructure THE CORPORATION OF THE TOWNSHIP OF HAMILTON REGULAR COUNCIL AGENDA APRIL 16, 2019 at 01:00 P.M. 42 - 43 11.1 Report PWI 2019-07 Re: Plainville Tennis Court property 44 - 11.2 Report WO 2019-03 103 Re: 2018 Ministry Environment, Conservation and Parks Inspection Reports 12. Recreation & Facilities 104 - 12.1 Report P&R 2019-07 105 Parks & Recreation Advisory Committee members 13. Corporate Services 106 - 13.1 Report PNG 2019-05 107 Re: Finlay consent agreement 108 - 13.2 Report PNG 2019-09 112 Re: Right of Way lots 52&53 Plan 401 113 - 13.3 Report CD 2019-11 166 Re: Physician Recruitment 167 - 13.4 Report CD 2019-12 170 Re: Parking By-law Schedule Amendments 171 - 13.5 Report CD 2019-13 172 Re: Committee Appointments 14. Emergency Services 14.1 There are no reports. 15. Communications/Announcements 173 15.1 Resolution Northumberland County Re: Proclaim April Donor as Month 174 - 15.2 Notice - 2nd Public Info - Choate Street Extension 176 177 - 15.3 Ministry Infrastructure & Communities 180 Re: Gas Tax Fund 181 - 15.4 Haliburton Kawartha Pine Ridge Health to Premier Ford 182 Re: Support for Provincial Oral Health Program 183 - 15.5 Resolution - Municipality Port Hope 184 Re: GO Rail Service Extension to Bowmanville Page 2 of 208 THE CORPORATION OF THE TOWNSHIP OF HAMILTON REGULAR COUNCIL AGENDA APRIL 16, 2019 at 01:00 P.M. 185 - 15.6 Minister Steve Clark, Ministry Municipal Affairs & Housing 188 David Piccini, MPP Re:1x Funding to Modernize Service Delivery/Reduce Future Costs 189 - 15.7 Resolution Brockton 190 Re: Bi-lateral Investing in Canada Infrastructure Program 191 - 15.8 Resolution Saugeen Shores 195 Re: Investing in Canada Infrastructure Program 196 15.9 Enbridge Supplementary Notice of Hearing 16. By-laws 197 - 16.1 By-law 2019-24 201 Finlay consent agreement 202 - 16.2 By-law 2019-29 203 Appoint members to committees 204 16.3 By-law 2019-30 Re: Reduction of Speed Danforth Road Follow-up to Council Resolution RCRES:2018-279 November 20, 2018 205 - 16.4 By-law 2019-31 207 Re: Appoint By-law Enforcement Officers 17. Notice of Motions 18. Media Questions on Agenda Topics only 19. Closed Session (if required) 20. Reporting out of Closed Session 21. Notices required by Notice By-law 22. Confirmatory By-law 208 22.1 By-law 2019-32 23. Adjournment Page 3 of 208 The Corporation of the Township of Hamilton REPORT TO: Mayor Cane & Members of Council REPORT No.: ZBA-12/18 SUBMITTED BY: Sandra Stothart, Planning Co-Ordinator DATE: APRIL 16, 2019 Subject: ZONING BY-LAW AMENDMENT APPLICATION APPLICATION NO. ZBA-12/18 I OWNER BALTIMORE UNITED CHURCH MANSE AGENT Paul Mackiln CIVIC ADDRESS 9313 BURWASH ROAD. BALTIMORE LEGAL DESCRIPTION PT LOT 7 & 8, CON 2 Being part of Village Lots 47 & 53% on Plan 23 ROLL NUMBER 1 4-1 9-000-020-17600-0000 RECOMMENDATION: Requires Action jFor Information Only D In Camera D It is recommended that the Council of the Township of Hamilton enact as follows: 1. Adopt the recommended zoning by-law amendment in fulfillment of condition of consent to sever for lot creation. It is further recommended that council entertain the execution of an Encroachment Agreement with respect to the two detached accessory buildings on the retained parcel that are partially on the Township road allowance. This agreement will be coming forward at a future date. ORIGINIBACKGROUND: The application was before Council on February 19, 2019, but due to outstanding information, the decision was deferred, permitting the applicant opportunity to submit the outstanding information and then permitting staff to re-notify the public. The Notice of Public Meeting/Return to Council was circulated to the commenting agencies and neighbouring property owners on or before March 20, 2019 and the signs were posted on the property on March 20, 2019 in accordance with the regulations as set out under the requirements of the Planning Act, R.S.O., 1990, as amended. Page 4 of 208 2 Apr 162019 ZBA-12/18 BALTIMORE UNITED CHRUCH (Mackiln) Purpose and Effect: Please refer to the attached sketch. PURPOSE AND EFFECT: In fulfillment of Condition of Provisional Consent granted under application B-08/1 8 to sever for the creation of one new separately conveyable residential lot, this application is seeking to rezone the severed lands (Part 3 on Plan RP 39R-1 3822) to Special Urban Residential j First Density (URI #) permitting the reduced lot frontage; the retained lands (Parts 1 & 2 on Plan RP 39R-1 3822) to Special Urban Residential First Density (UR1 #) recognizing setbacks, and jjfl portions of the severed and retained as Environmental Protection (EP) prohibiting construction, site alteration or vegetation removal below the top of bank. Existing Land Use: The parent property has 1 house with accessory buildings. Surrounding Land Use: The surrounding land uses are mainly residential in nature. Baltimore Public School and the Baltimore United Church with cemetery are on the north side of Burwash Road. POLICIES AFFECTING PROPOSAL: Provincial Policy Statement (2005 as amended in 2014): The Provincial Policy Statement (PPS) requires that decisions affecting planning matters shall be consistent with the policy statement issued under the Ontario Planning Act. The Committee of Adjustment was satisfied that the proposal was in keeping with the policies of the PPS and granted provisional consent for lot creation. The proposed zoning by-law amendment also appears to be in keeping with the policies of the PPS. Official Plan (By-law 2003-51, as amended by By-law 2010-24): The property is designated (Baltimore) Settlement Area. The proposed zoning by-law amendment conforms with the policies of Section 3 of the Official Plan, the Settlement area designation development policies. Zoning By-law (By-law 2001-58, as amended): The parent lands are zoned Urban Residential First Density (UR1) with an Environmentally Sensitive Area (ESA) identified over the majority of the land. The smaller portion of the lend to the west is zoned Community Facility (CF), again within the ESA. Page 5 of 208 3 Apr 162019 ZBA-12/18 BALTIMORE UNITED CHRUCH (Mackiln) The UR1 zone requires 4000 sqm (1 ac) and 45 m (150 if) of road frontage when the lot is serviced by a private well. A Planning Act application to permit the reduced frontage of 36.57 m (120 if) is required for the proposed severed lot. On February 19, 2019 Council reviewed the zoning by-law amendment application and deferred decision pending the submission of outstanding information. This information has now been submitted and found to be satisfactory. Public notice was amended to reflect the information. There appears to be sufficient area on the proposed severed parcel, outside of the lands below the top of bank, to accommodate a house and private sanitary sewage system. The proposed severed lot will be zoned Special Urban Residential First Density (UR1#) to permit a lot with a frontage of 36.57 m where 45 m is normally required. The proposed retained lot enjoys two zones, Community Facility (CF) at the west end on Lot 53 ½ and Urban Residential First Density (UR1) for the remainder of part of Lot 47. The portion of Lot 53 ½ above the top of bank will be rezoned to UR1 to be in keeping with the rest of the property. A specialized zone is not required. All lands below the top of bank, as identified by the Ontario Land Surveyor following discussions with GRCA, will be zoned Environmental Protection (EP), prohibiting any construction, site alteration or vegetation removal, as per the comments received from GRCA (below). The surveyor’s real property report submitted as condition of provisional consent identified two detached accessory buildings that encroach onto the road allowance between Concessions 2 & 3. To address these structures, an Encroachment Agreement has been drafted and will be brought forward to Council for consideration and execution. The agreement acknowledges the existence of the buildings and advises that should either (or both) ever be destroyed by 50% or more, they will be demolished and will not be permitted to be rebuilt on Township lands. It is not the practice of the Township to adopt a by-law allowing one person’s building to be on another person’s land. A specialized zone is not being sought. Agency Comments: HAMILTON TOWNSHIP PUBLIC WORKS DEPARTMENT — Jan 24 19— Public Works has no additional comments. We have been maintaining the road for many years.