2. General Housekeeping Amendment - Ward 1 and Ward 2 All Lands within the Municipality Applicant: Municipality of Port Hope File: 2.E.

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1 Minutes of a Special Meeting of the Planning & Development Committee -held Tuesday April 2, 2002, at 6:15 p.m., in the Council Chambers of the Town Hall of the Municipality of Port Hope, Ontario. Q:' Present: Chair Councillor L. Thompson, Members: Mayor R. Austin, Deputy Mayor A. D'Agostino, Councillors J. Lees, J Mavis, and Councillor L. Hall {6:25 p.m.} Absent with regrets: Councillor D. Watson Staff: M. Rostetter, CAO, F. Aird, Deputy CAO/Clerk, M. Spencer, Director of Planning Services/Deputy Clerk, S. Hutchison, Town Planner, K. Andrus, Chief Building Official, J. MacKay, Town Engineer. 1. INTRODUCTION Councillor L. Thompson, Chair, Planning & Development Committee, opened the meeting and announced that the Planning and Development Committee will be considering the following three (3) applications: O 1. Zoning By-law Amendment Application - Ward 1 28 Wellington Street Applicant: Molly Paolozza File: 2.E.82 The purpose of the proposed Zoning By-law amendment would be to amend the current zoning of the property known as 28 Wellington Street, to allow a temporary use, specifically a 2-unit converted dwelling for a period of up to three years. 2. General Housekeeping Amendment - Ward 1 and Ward 2 All Lands within the Municipality Applicant: Municipality of Port Hope File: 2.E.81 The purpose of the proposed zoning by-law amendment is to O ----update Zoning andclarify By-law 2857/73 variousforsections Ward 1 and policies Zoning By-law contained3350in for Ward 2 of the Municipality of Port Hope. 3. Zoning By-law Amendment- Ward County Rd 2 Applicant: lan Andrews File: 2.E.80 The purpose of the proposed Zoning By-law amendment would be to amend the current zoning of the subject property from the current HR1 - Hamlet Residential One Zone and the C3 - Hamlet Commercial Zone t_ooa specialized C3-1 zoning would permit all of the regular C3 Zone uses as well as a garden and nursery sales and supply establishment. :_ Councillor Thompson questioned options for notice - why notices are not being placed in the Northumberland News. M. Spencer commented that display advertisements for Planning Applications are normally in the Port Hope Evening Guide.

2 It was recommended that notices for public meetings under the Planning Act should be placed in both the Northumberland News as well as the Port Hope Evening Guide. Resolution to be prepared for Council's consideration O to adopt as a policy. 2. Application No. 1: Molly Paolozza - 28 Wellington Street O Councillor L. Thompson announced that the purpose of the proposed Zoning By, law amendment would be to amend the current zoning of the property known as 28 Wellington Street, to allow a temporary use, specifically a 2-unit converted dwelling for a period of up to three years. 1. Confirmation of Notice of Public Meeting M. Spencer advised that written notice was given on March 6, 2002 to all required agencies, by prepaid first class mail on March 8, 2002, to the applicant and all land owners within 400 feet of the subject lands and by display advertisement in the Port Hope Evening Guide on March 11, 2. Mr. S. Hutchison, Town Planner reviewed: 1. purpose and background of the application 2. reasons for the application 3. draft amendment to Zoning By-law 2857/73 3. M. Spencer advised that the following correspondence has been received: 1. Town Planner's report dated March 28, Chief Building Official dated March 15, A letter was received from a Mr. R.E. Everdell - copies circulated with the agenda 4. John MacKay, Town Engineer advised the Committee O verbally that he had no concerns. 4. Mr. Pulla representative for the applicant advised the Committee of the following: 5. Question Period property bought on condition to renovate general income clean up property and later look at a Town House development Mayor Austin questioned as to whether a Letter of Credit and a Site Plan Agreement for townhouses for this property will be required. Spencer Hutchison and Marie Spencer advised Mayor Austin that there is no site plan agreement for the temporary use. There is a site plan agreement for development of 5 townhouses. Mayor Austin asked if this could be looked into as he has received a complaint re the O condition of the property. Councillor Hall asked that the letter received from Mr. R. E. Everdell be forwarded to the Property Standards Committee.

3 Mr. R. E. Everdell advised Committee members that the accessory building on the subject property is unsafe i.e. roof and insulation. There is a large number of children in the O area. No action has been taken on his complaint regarding the subject property. Mr. Everdell has also expressed concern regarding the state of the "old hospital" building. Ken Andrus, Chief Building Official to follow up on the complaint received regarding 28 Wellington St. Spencer Hutchison advised the following: the building is in bad shape. it is up for sale. the purchasers own the apartment building to the north - this is seen as a mechanism to get this property cleaned up. it could deteriorate more if left vacant. Councillor Thompson confirmed that the Property Standards complaint will be forwarded to the Chief Building Official. O Councillor Thompson announced that: If a person or public body that i'des an appeal of a decision of the Municipality of Port Hope in respect of a proposed Zoning Bylaw does not make oral submissions at a public meeting or make written submissions to the Municipality of Port Hope before the proposed Zoning Bylaw is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. 6. Recommendation: That the Municipality of Port Hope Council approve a Zoning By-law amendment for 28 Wellington Street in Ward 1 of the Municipality of Port Hope, to amend the current zoning of O the converted propertydwelling to allowfora atemporary period of up use, to specifically three years, a and 2-unithat a by-law be brought forward for Council's consideration of April 9, This portion of the meeting closed at 6:36 p.m. 3. Application No. 2: General House-Keeping Amendment - Ward 1 and Ward 2 Councillor Thompson announced that the purpose of the proposed zoning by-law amendment is to update and clarify various sections and policies contained in Zoning By-law 2857/73 for Ward 1 and Zoning By-law 3350 for Ward 2 of the Municipality of Port Hope. 1. Confirmation of Notice of Public Meeting O M. Spencer advised that written notice was given to all required agencies on March 5, 2002 and by display advertisement in the Port Hope Evening Guide on March 11 and March 22, Mr. S. Hutchison, Town Planner, reviewed:

4 1. purpose and background of the amendment 2. reasons for the amendment 3. draft amendments to Zoning By-law 2857/73 and O Zoning By-law Correspondence received: M. Spencer advised that the following correspondence was received: 1. Town Planner' report dated March 28, Roger N. Carr for Ontario Limited dated March 7, Notes from Chief Building Official 4. Memorandum from Deputy Chief Building Official dated March 6, Ronald Wright dated March 28, circulated this evening 6. Township of Cavan-Millbrook, North Monaghan dated March 19, Town Engineer dated April 2, O 4. The applicant and/or her agent to respond, if required - N/A 5. Question Period 1. Councillor Mavis asked about height restrictions re C3R - General Commercial Residential Zone, and asked about how Model Homes are dealt with in other Municipalities. Spencer Hutchison advised that the amendment for C3R is adding use only not changing height, parking or any other requirements. This adds two residential uses to the lands and residential use is supported by the Official Plan. The Model Homes example that Mr. Hutchison used is from the Stoney Creek Zoning By-law. 2. Deputy Mayor D'Agostino questioned height restrictions vs current and proposed e.g. 3 O 11.0 metres. Spencer Hutchison explained the recommendation of using height rather than storeys so that the vertical distance from the finished grade level of the building or structure to the highest point of the building or structure is used to determine maximum height. Mr. Hutchison is to check with the Building Department in regard to 3 storeys at 11.0 metres as to whether this is the correct proposed number of meters. 3. Ronald Wright asked: 1. How would repeal of all zoning by-laws which serve to regulate the use of land and the character, location, etc., affect provisions within the Port Hope official plans, the Heritage District and policies being developed under the Growth Management Strategy. 2. Model Homes - How would this change affect taxes. O 3. Do in any thesewayproposed affect thechanges Aon application. pre-empt, anticipate, or Spencer Hutchison commented in response: 1. The amendment is to change all references from the Town of Port Hope and Township of Hope to the Municipality of Port Hope, being the new Municipal

5 name, and there is no other change to the by-laws by this part of the amendment. 2. Model Homes are dwelling houses constructed O and used for display or promotional purposes and can not be sold, rented, or occupied for residential purposes until a draft plan of subdivision and a subdivision agreement have been registered respecting the lands on which the dwelling is located. Taxes will be levied the same as in any other municipality which permits model homes, and the assessment department will be notified when a building permit is issued. If a tax break, unknown specifically, but this would only be a temporary situation. During development of recent subdivisions in various locations, model homes have been requested by all the developers who have subdivisions in construction stages. 3. These changes affect the entire municipality, except the C3R which applies in the downtown area. Mr. Wright commented that he wants a response in writing with regard to his letter filed for this meeting. 4. Vern Campbell was in attendance and addressed O - Committee Lives in Toronto. members: - Owns lots in Plan Subscribes to Evening Guide but issues late. - Concern regarding page 11 and 12 re: Lots in Plan 173 that they are not exempt in the proposed amendment. - Requests a period of time for his counsel to make a submission regarding this by-law. It was noted that there is an appeal period, if the by-laws are passed. Spencer Hutchison advised Mr. Campbell that there are no changes to the present regulations regarding Plan 173, it was a decision made by the former Township of Hope that the lots within Plan 173 be frozen and no building permits would be eligible - and reiterated that there is no change proposed for those lands to what is now in the by-law. O 5. Sanford Haskill was in attendance and advised Committee members that he would like to go on record that he will appeal. Councillor Thompson announced that: If a person or public body that files a notice of appeal of a decision of the Municipality of Port Hope in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to the Municipality of Port Hope before the proposed zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. 6. Recommendation: O The Committee recommended that Port Hope Municipal Council approve general house-keeping amendments to the Zoning By-law 2857/73, as amended, and Zoning By-law 3350, as amended, as outlined on Appendix 2 in the Town Planner's Report dated March 28, 2002.

6 3. Application No. 3: Ian Andrews County Rd 2 Councillor Thompson announced that the purpose of the proposed O zoning by-law amendment would be to amend the current zoning of the subject property from the current HR1 - Hamlet Residential One Zone and the C3 - Hamlet Commercial Zone to a specialized C3-1 - Hamlet Commercial Exception No. 1 Zone. The proposed C3-1 Zone would permit all of the regular C3 Zone uses as well as a garden and nursery sales and supply establishment. 1. Confirmation of Notice of Public Meeting M. Spencer advised that written notice was given to all required agencies on February 26, 2002, by prepaid first class mail to the applicant and all land owners within 400 feet on March 6, 2002, and by display advertisement in the Port Hope Evening Guide on March 8, Mr. S. Hutchison, Town Planner to review: 1. purpose and background of the application O 2. reasons for the application 3. draft amendment to Zoning By-law Correspondence received: M. Spencer advised that the following correspondence was received: 1. Town Planner's report dated March 28, Haliburton Kawaratha Pine Ridge District Health Unit dated March 19, The applicant did not comment. 5. Question Period 1. Councillor Thompson asked if there was a Site Plan or Development Agreement in effect for the subject O property. were drawings Spencer only, Hutchison no registered confirmed legal document. that there 2. Councillor Thompson asked about previous severances on this property. Spencer Hutchison indicated that March 1998 the Committee of Adjustment permitted severance of the rear lands, which they approved to create this parcel and that they did not recommend that the lands be rezoned to commercial. 3. Roger Wilson a member of the public was in attendance and addressed Committee on behalf of Mal and Doris Keown of Welcome. Mr. Wilson commented that the application to change the use of properties to Hamlet Commercial Exception, is a new category. The Official Plan for Hope Township is quite clear that the Hamlet area is for hamlet uses. The 1998 Committee of Adjustment condition that this not be changed from O hamlet residential is clear. Council shall consider the affects of noise, smoke, loss of privacy. Highway Commercial provides for this use and it is not to be in a hamlet area. It is not compatible - trucks, etc. Expansion of existing use must consider detrimental affects, but this is a new use, never contemplated, and a detrimental affect. Zoning By-laws are for separation

7 for appropriate development. This use is not provided for in the Hamlet area. Mr. Wilson commented that Council should reject this application. Mr. Wilson Q submitted Keown witha an letter attached dated April Brief 2, regarding 2002 from the Mrs. Proposed Rezoning. 4. Deputy Mayor D'Agostino requested clarification of the present commercial zone in that area and farming, trucking, etc - noise. Roger Wilson indicated that there are trucks in back of existing Hamlet Commercial use - to provide for outside storage - tractors, dust, etc. Official Plan states that must consider those elements prior to passage of a by-law to amend the zoning. Fran Aird, Deputy Chief Administative Officer indicated that the subject lands are in the Hamlet area. O 5. Councillor Hall stated that there is no farming adjacent to the property but that there are residential homes - residential area. Councillor Hall stated that if they agree to allow this activity it would not be compatible - some front doors open onto this land. Councillor Hall advised Committee members that he is not in favour of this application. 6. Mrs. Keown commented that at 6:30 a.m. she is awakened by trucks, noise. It was not commercial when they purchased their home. When lands were severed they were assured that those lands would not be used for business. Landscaping work takes place also on Saturday and Sundays. Councillor Hall indicated that the lands do not abut a road. O Mr. Kash Ramjohn addressed the Committee opposes the application. that he A letter dated March 24, 2002 expressing opposition and reasons for opposition was submitted from Dominic Consiglio. Councillor Thompson announced that: If a person or public body that files a notice of appeal of a decision of the Municipality of Port Hope in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to the Municipality of Port Hope before the proposed zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. O 6. Recommendation That the Municipality of Port Hope deny a zoning by-law amendment for 4542 County Rd 2 submitted by Ian Andrews to amend the current zoning of the subject property from the current HR1 - Hamlet Residential One Zone and the C3 - Hamlet Commercial Zone to a specialized C3-1 - Hamlet Commercial

8 the regular C3 Zone uses as well as a garden and nursery sales and supply establishment. Q 7. The meeting adjourned at 7:30 p.m. Councillor L. Thompson, Chair Planning and Development Committee O O 0

9 !. O PUBLIC M_ETING _,le-2.e under Section 34 (12) of the Planning Act April 2, :15 p.m. ZONING BY-LAW AMENDMENT APPLICATION APPLICANT: Municipality of Port Hope LOCATION: Ward 1 and Ward 2 Municipality of Port Hope NAME/.._ [ ADDRESS (including postal code) ] COMMENTS/NOTIFICATION REQUEST 2. _:; -,, -/ -J 2"f-_r,_,_,._)zr_"

10 e PUBLIC I_ETING e _ile:2.e.8 under Section34 (12) of the PlanningAct April 2, :15 p.m. ZONING BY-LAW AMENDMENT APPLICATION APPLICANT: Molly Paolozza LOCATION: 28 Wellington Street Municipality of Port Hope NAME ADDRESS (including postal code) COMMENTS/NOTIFICATION REQUEST _

11 Q. PUBLIC I_ETING _ile: 2.E.8 # under Section 34 (12) of the PlanningAct April 2, :30 p.m. ZONING BY-LAW AMENDMENT APPLICATION APPLICANT: lan Andrews LOCATION: 4542 County Road 2 Municipality of Port Hope 1. NAME ADDRESS (including postal code) COMMENTS/NOTIFICATION REQUEST , /;