Report 2026-243 regarding proposed Draft Plan of Subdivision and Zoning By-law Amendment applications (File OZS19-017) by MHBC Planning on behalf of the owner… be received

1:55:13Okay, we are gonna do the next agenda item right away.

1:55:19It is an application for hearing what the application is

1:55:24and receipt, and then after that,

1:55:30we are going to take a break, everybody, okay?

1:55:33I'm telling that to everybody up front,

1:55:36so that, because the next item after that is the big one.

1:55:41Let's just call it what it is, right?

1:55:43So the Niska lands one.

1:55:46So I tell that to everybody here

1:55:49and anybody listening online,

1:55:52just to be up front about it,

1:55:53because I can see that the Niska one

1:55:57may not even start for about an hour.

1:56:02Okay, so I'm just wanting to be up front with everybody,

1:56:04just in case you wanted to get some fresh air

1:56:05or wanted to do something else or whatever,

1:56:09then to come back, I would say in about an hour.

1:56:13I just want to be up front about it,

1:56:14not surprise everybody about it later, okay?

1:56:16Just for your own time.

1:56:19So let's go to the next item, which is 220,

1:56:26Arkel Road, the proposed DPA and ZBA file.

1:56:31We have a presentation from our staff.

1:56:32We've got a couple of delegates here,

1:56:35and then we'll look to see if there's approval

1:56:38for the receiving recommendation on this one, okay?

1:56:41So I'll turn it over to our staff.

1:56:43Who's here from, Eric is here from our staff.

1:56:45Hello, Eric, thank you.

1:56:46Go right ahead.

1:56:48Thank you very much, Mr. Mayor.

1:56:49And good afternoon.

1:56:51Mayor Guthrie, members of council,

1:56:52and ladies and gentlemen,

1:56:54the city has received a draft,

1:56:56applications for a draft plan of subdivision

1:56:58and a zoning bylaw amendment from MHBC planning

1:57:02that permit the development of a residential subdivision

1:57:04with 32 single detached lots

1:57:06and a cluster townhouse block containing 48 dwelling units.

1:57:10The original statutory public meeting

1:57:12for these applications was held in May of 2020.

1:57:16As several years have passed since that initial meeting,

1:57:19this afternoon's meeting is an additional public meeting

1:57:22to bring council and the public up to speed

1:57:25with the application prior to any decision recommendation

1:57:27moving forward.

1:57:28So no decisions are to be made

1:57:30on this application this afternoon.

1:57:32So that being said,

1:57:33I would like to now briefly introduce the application

1:57:35and the site.

1:57:39So the subject lands are located on the north side

1:57:41of Arkle Road between Gordon and Victoria.

1:57:44The subject lands have an area of approximately seven hectares

1:57:47and currently the lands are zoned low density residential

1:57:51and natural heritage system in the city's zoning bylaw.

1:57:56Surrounding land uses include to the north,

1:57:58a new residential subdivision

1:57:59known as Victoria Park Village,

1:58:01to the east agricultural lands,

1:58:04to the south and existing residential subdivision

1:58:07containing semi-detached dwellings along Dawes Avenue

1:58:10and on street and cluster townhouses along Amos Drive

1:58:13and to the west,

1:58:14the Torrance Creek provincially significant wetland complex

1:58:17and an adjacent single detached lot

1:58:20that is not part of these applications.

1:58:26The subject property is designated low density residential

1:58:29in the city's official plan with a portion

1:58:32of the southwest really side of the lands

1:58:33designated significant natural area.

1:58:36The lands with the significant natural area designation

1:58:39apply to the portion of the lands

1:58:40that contain the Torrance Creek provincially significant

1:58:42wetland complex as well as the associated buffers

1:58:47and an ecological linkage along the north end

1:58:49of the property there.

1:58:51The low density residential land use designation applies

1:58:54to residential areas within the greenfield area of the city.

1:58:57Several land uses are permitted in that designation,

1:59:00including detached semi-detached and duplex dwellings

1:59:04as well as multiple unit residential buildings

1:59:06such as townhouses and apartment buildings.

1:59:09Residential development within these lands

1:59:11is permitted between intensities between 20 and 60 units

1:59:15per hectare.

1:59:23We'll skip on forward to the next slide here.

1:59:25So the applicant has proposed a residential draft plan

1:59:27of subdivision that would create 32 single detached lots

1:59:30and a cluster townhouse block for 48 units.

1:59:34Please note that this version of the draft plan

1:59:36on the screen labels that block as 70 to 94 units on block 33.

1:59:43This has since been reduced to 48 units

1:59:46in the materials submitted by the applicant.

1:59:51The proposed subdivision would extend Hutchinson Road

1:59:54south from the adjacent Victoria Park Village subdivision

1:59:57to service the single detached lots

1:59:59and the cluster townhouse block.

2:00:01The westerly portion of the subject lands

2:00:03is part of a wetland complex

2:00:05as well as an associated buffer.

2:00:07A stormwater management facility is proposed

2:00:09on the west side of the lands

2:00:12adjacent to the wetland buffer

2:00:14with a 50 meter wide ecological linkage

2:00:16along the Northern property line.

2:00:19Lands for a future North-South public trail

2:00:21are located along the western portion of the subject lands

2:00:23and connect Proposed Street A to Dawes Avenue to the south.

2:00:28Finally, a block for a public park is located on block 34,

2:00:32right where Street A is proposed to bend to the east.

2:00:40The applicant is requesting to change the zone

2:00:42on the subject lands

2:00:43from the current low density residential one RL one zone

2:00:47to a low density residential RL two zone along street A

2:00:51and to a site specific low density residential RL four zone

2:00:54at the southeast portion of the lands.

2:00:57In addition to these residential zones,

2:00:59the applicant is also requested to rezone a block

2:01:02in the central portion of the subdivision

2:01:03as neighborhood park

2:01:05and also the proposed trail and emergency access

2:01:08as well as a portion of the proposed

2:01:09stormwater management facility to open space.

2:01:13The remainder of the stormwater management facility

2:01:15would be rezoned to a site specific

2:01:18natural heritage system zone

2:01:20that would permit a stormwater management facility

2:01:23within that portion of the lands.

2:01:25The portion of the lands covered by the Torrance Creek Wetland

2:01:28and associated buffer would remain as part

2:01:30of the natural heritage system zone

2:01:32and would be unchanged from a zoning perspective.

2:01:39So two site specific provisions have been requested

2:01:42for the proposed RL four zone

2:01:43and that's for block 33,

2:01:45which you can see on the screen here.

2:01:46These provisions are for a reduced lot frontage

2:01:49of 10 meters to reflect the two 10 meter wide accesses

2:01:53from street A to block 33

2:01:56and to permit a reduced minimum buffer strip

2:01:58of 1.5 meters adjacent to the driveway accesses

2:02:01to block 33.

2:02:07And as of June 2nd of 2026,

2:02:10Ontario bill 98 is now in effect,

2:02:12prohibits municipalities from requiring

2:02:14electric vehicle parking.

2:02:16For this reason, the last two site specific provisions

2:02:18that are referenced on this slide

2:02:20are no longer required

2:02:22and are no longer part of this application.

2:02:25So ahead of a decision report,

2:02:27staff's review of these applications

2:02:28will address the following issues.

2:02:31Evaluation of the criteria to be considered

2:02:33for plans of subdivision,

2:02:34as per the planning act and the official plan.

2:02:37Evaluation of the proposals conformed

2:02:39to the 2024 provincial planning statement

2:02:41and the city's official plan.

2:02:43Review of the proposed zoning,

2:02:45review of the proposals land use subdivision layout

2:02:47and built form compatibility

2:02:49with adjacent established land uses.

2:02:52Review of any conditions for the proposed draft plans

2:02:54of subdivision, review of site servicing

2:02:57and grading requirements.

2:02:58And as well, staff will address all comments

2:03:01and issues raised during the review of this application.

2:03:04So once the applications are reviewed

2:03:06and all issues are addressed,

2:03:08a staff report with a recommendation

2:03:09will be considered at a future meeting of council.

2:03:12Any issues raised at tonight's public meeting,

2:03:15either by members of council or members of the public,

2:03:17will be noted by planning staff

2:03:19for future consideration

2:03:20as we continue to evaluate and review the application.

2:03:23Thank you.

2:03:26And thank you very much.

2:03:28Maybe some questions after we got a couple of delegates.

2:03:31So the first one is Dave Aston

2:03:34on behalf of the applicant.

2:03:36And then I have M Staples.

2:03:41M Staples here?

2:03:43Okay, great, thank you.

2:03:45You're gonna be in the wings, okay?

2:03:46You're up next.

2:03:48And you have no more than 10 minutes, okay, for each of you.

2:03:52So you'll hear the chime now at the nine minute

2:03:54and 32nd mark as your warning before the 10 minutes is up.

2:03:59Again, your microphone will unfortunately be turned off

2:04:02at the 10 minute mark, so let's not get there.

2:04:04And Dave, welcome and we'll turn it over to you.

2:04:07Great, thank you, Mayor Guthrie.

2:04:09Good afternoon, Mayor, members of council.

2:04:12And I'm here this afternoon

2:04:16on behalf of the landowner and Carson Reed is online.

2:04:21He couldn't be available this afternoon,

2:04:24but he is listening this afternoon for the public meeting.

2:04:28And I think I have a presentation here, just loading up.

2:04:33I want to thank Eric for his presentation.

2:04:36He covered off much of the detail

2:04:38on what's being proposed with the zoning bylaw amendment

2:04:43and proposed plan of subdivision.

2:04:46And you can see here really a bit of an idea conceptually

2:04:49of the potential building types or massing associated

2:04:54with the proposed development of the lands.

2:04:58I would suggest that, I'm gonna skip that.

2:05:01I would suggest that as what's being proposed

2:05:04really is a small infill component of the greenfield area.

2:05:11As mentioned, there's lands developed to the north

2:05:14and to the south and this plan proposes connections

2:05:19to existing infrastructure and then does propose a connection

2:05:23to the east to future development lands

2:05:26that are also planned for residential use.

2:05:29So the use of the lands for residential really isn't

2:05:33in question, they're designated their zone.

2:05:36And then as it relates to the natural open space areas,

2:05:40what's being proposed is the protection of the natural area

2:05:45and also the implementation of a 15 meter wide buffer,

2:05:50wildlife buffer on the north portion of the plan

2:05:53that's identified through the official plan,

2:05:56which is really a unique item.

2:05:58It's something that is identified.

2:06:01It's something that's providing that wildlife connection,

2:06:05but that's a lot of area being proposed for that.

2:06:09And we've worked with staff on implementing that

2:06:13and then working to use the remaining portion

2:06:16of the land efficiently,

2:06:18which is why there's some of the proposed site

2:06:20specific changes.

2:06:22So when you look at this plan

2:06:24and you look at the areas of development relative

2:06:27to the areas of protection,

2:06:29you see there's a significant amount of area

2:06:31that's protected for natural environment

2:06:34or that will be conveyed to the city

2:06:36for stormwater management purposes

2:06:38or park and trail purposes.

2:06:41So we think that's building on the planning

2:06:44that's been done in the community to the north

2:06:47and provides opportunity for connection

2:06:50in the longer term of trail to our co-road.

2:06:56So at the end of the day,

2:06:59we believe what is being proposed is a good fit

2:07:02to build on the community and the planning

2:07:06that's been done in the city.

2:07:11And the proposed zoning bylaw changes were covered,

2:07:15really nothing to add there.

2:07:17The site specific requests really relate

2:07:19to the best approach to get access,

2:07:23two points of access into the multiple residential block

2:07:28and 10 meters, we believe provides enough width

2:07:32for the appropriate driveway width for vehicles,

2:07:37emergency connection and the ability to provide sidewalk

2:07:43on the side of the street and some landscaping as well.

2:07:47So we believe the 10 meter reduction still achieves

2:07:51generally the objectives of what's being intended

2:07:54in the zoning bylaw.

2:07:58So these were the site specific provisions,

2:08:01the top two remain as requests related to the application.

2:08:08And really one thing I wanted to point out

2:08:11is when we talk about the timing

2:08:13and why we're back here with a public meeting

2:08:16is because the applications have been in process

2:08:19for some time, initial submission in 2019.

2:08:24So while we're here for a public meeting,

2:08:26looking to get additional feedback

2:08:28from what's now in front of council,

2:08:31I would suggest that a lot of work has been done

2:08:34in the background with technical reports

2:08:37and from staff review, providing comments

2:08:40and with our team responding to those comments.

2:08:43So while we're here this afternoon

2:08:44getting public comments to help us move forward,

2:08:47a lot of effort has gone into getting to where we are today

2:08:52with a plan that is before you that has,

2:08:55like I say, undergone a significant amount of review,

2:08:58environmental engineering, parks department,

2:09:02zoning review by staff.

2:09:04And generally my understanding is

2:09:07all of the larger issues have been addressed.

2:09:11And once we receive public comments

2:09:14and if there's any further comments

2:09:16we'll be addressing those.

2:09:18And our hope is to be back in front of council

2:09:21relatively quickly given the amount of work

2:09:24and effort that everyone has put into where we're at today.

2:09:30So with that, I'll ask if there's any questions

2:09:34and again, we'll continue to work with staff

2:09:38and respond to any public comments or questions

2:09:41that we receive today and through the process.

2:09:45Well, thank you very much, Dave.

2:09:47We appreciate that.

2:09:48Let me just see, I got Karan please and then Keaton.

2:09:54That looks like it's it.

2:09:56Thank you.

2:09:57One of my questions that I always ask

2:09:59at this stage of an application

2:10:01is your commitment to our community energy initiative.

2:10:04And I know that you submitted as part of your planning report

2:10:07and it talked about tree planting

2:10:10and cut off shields for lighting, that kind of thing.

2:10:14And we're looking for a commitment to net zero

2:10:16to help us meet our net zero to 2050 goals.

2:10:19I don't see that in your CEI commitment letter

2:10:23and I wonder if you could speak to that.

2:10:25Through the mayor to counselor.

2:10:28That's something that probably I need

2:10:31a little more discussion with the landowner

2:10:34and the builder on to come to a commitment on net zero.

2:10:39I know for sure there's a commitment like with everyone

2:10:43working through whatever requirements

2:10:46are associated with building code.

2:10:49And I think there's a lot of change happening

2:10:53with regard to building code

2:10:54and sustainable design elements

2:10:57and that with the planning act and municipalities.

2:11:01So I think that's something that we'll need to park

2:11:07until we return to council to provide a response on.

2:11:10Okay, thank you.

2:11:11And that was gonna be my next question.

2:11:12Is that something you can address

2:11:13before this comes back to approval?

2:11:16Or is that something that you would leave to site plan?

2:11:18So I'm glad to hear that commitment

2:11:20because I do think that this site is of the scale in size

2:11:23where you can actually do some really great things.

2:11:25And I know that you're,

2:11:27that the builder and proponent has done this type

2:11:31of net zero development in the past.

2:11:33So I'll be looking for that.

2:11:34Thanks.

2:11:36Okay, thank you.

2:11:37And Kate and please.

2:11:40Thank you.

2:11:41Through you, Mr. Mayor.

2:11:42I was just wondering about the lower amount

2:11:45of electric vehicle parking spaces,

2:11:48especially with the way gas prices are going.

2:11:52Like if I could afford to switch over, I know I would.

2:11:54So I'm just wondering why we're looking at a lower amount

2:11:59of electrical vehicles for parking.

2:12:04Through the mayor, I believe that Mr. Rampol responded

2:12:09to that and I think maybe I'll leave the response to that

2:12:13as far as the change to the bylaw is really a change

2:12:17associated with provincial changes and requirements.

2:12:23But from a marketability standpoint,

2:12:25just because it's not required as much,

2:12:29I would imagine that the market is going to require more.

2:12:33So I'm just wondering, do you have a plan for that?

2:12:36Through the mayor, again, I think similar to net zero

2:12:41as we get into a site plan process for that multiple block,

2:12:45if there's a market demand for electric vehicle parking,

2:12:49I think then there would be a response

2:12:52in a provision to electric vehicle parking

2:12:56or electric vehicle ready parking subject to that demand

2:13:00at the time of marketing that block

2:13:03of the proposed development.

2:13:07Thank you.

2:13:09Great, thank you.

2:13:10Just a quick follow up from a counselor, Karan, please.

2:13:14Sorry, it's a different question that I forgot.

2:13:15I've written down, it's a separate question.

2:13:18So if there was another line of thanks,

2:13:22just in terms of the site design, street A,

2:13:25you're not the adjacent landowner, I assume.

2:13:29Was the provision of street A in that design

2:13:32something that you and your client proposed

2:13:36or was that something that was requested by staff

2:13:40in terms of the design of the street layout?

2:13:45Through the mayor and maybe I'll let staff build on that,

2:13:48but my understanding, and I wasn't involved in 2019

2:13:53when this came forward,

2:13:55but my understanding now is that the location

2:13:58and design of street A is something that has been reviewed

2:14:03and is supported by staff from a design perspective

2:14:07and location and how that would integrate with adjacent lands.

2:14:15Great, thank you.

2:14:17Seeing nothing further, thank you very much.

2:14:19Thank you.

2:14:20Appreciate it.

2:14:22We're just gonna go to our last delegate that signed up.

2:14:25M Staples, I heard a voice saying that they are here.

2:14:34Thank you for coming, we appreciate it.

2:14:36And whenever you're ready,

2:14:40you as well have up to 10 minutes, okay?

2:14:43Yes, thank you. Go right ahead.

2:14:45My name is Staples.

2:14:46I own the property directly to the east of 220 Arco Road,

2:14:51and I spoke as a delegate at the initial public meeting

2:14:55in 2020.

2:14:56So I spoke on Friday with Mr. Rumpel,

2:15:00but I left him a message indicating,

2:15:03yesterday afternoon,

2:15:04indicating that I had additional questions,

2:15:06but I didn't receive a callback.

2:15:08So I'll raise those questions today.

2:15:12So my concerns are with respect to my property,

2:15:18and I want to ensure that a condition

2:15:21of the draft plan approval is a permanent fence

2:15:25between 220 Arco Road and my property

2:15:30to prevent unauthorized access to my property

2:15:33from the proposed development.

2:15:36And that until such time as a permanent fence is installed,

2:15:41temporary construction fencing needs to be maintained.

2:15:46So I have problems with trespassers entering my property

2:15:51from Arco Road.

2:15:53I don't need them to be also to have access

2:15:55to my property from 220 Arco Road.

2:15:58And this is a safety issue for me as a property owner.

2:16:03I had five break-ins at my home over a two-year period

2:16:05and had to have bars installed on my windows

2:16:09to prevent further break-ins.

2:16:11I also have a barn and need to ensure that no one has access

2:16:16to the rear of that barn

2:16:18from the 220 Arco Road subdivision.

2:16:23My second issue is around construction noise

2:16:25outside of times allowed by the noise control bylaw,

2:16:28and my experience to date from development

2:16:31on surrounding properties,

2:16:33most recently from the upper grand property,

2:16:37is that developers or construction companies

2:16:41do not comply with the bylaw.

2:16:44My only recourse is to call bylaw control.

2:16:48But when they do respond,

2:16:51they do not levy any fines so the behavior continues.

2:16:55A solution to this issue is to require the developer

2:17:01to post the noise control bylaw at all entrances

2:17:05to the development so that no one working there

2:17:08can claim ignorance of the bylaw.

2:17:11And then bylaw control should then be required

2:17:14to levy fines.

2:17:15I mean, this happened most recently

2:17:16with respect to the South End High School on a Sunday.

2:17:22First, they were working with,

2:17:24I don't know the name of the piece of equipment,

2:17:25but it had bucket on the front,

2:17:27big piece of equipment, which on a Sunday.

2:17:29So I called bylaw control, they came,

2:17:32they stopped doing it, within an hour,

2:17:35dump trucks started arriving.

2:17:37So I called bylaw control again, they came out,

2:17:39they stopped it.

2:17:40I asked for a follow-up from bylaw control,

2:17:44I asked if they were fined,

2:17:46and bylaw control said, we've dealt with it.

2:17:49And...

2:17:52I'm just wondering if you could,

2:17:55I'll make sure you have your full time,

2:17:56but we just need to make sure we're talking

2:17:58about the application and not sort of outside schools.

2:18:01This is about the application.

2:18:03Not quite, so I just wanna make sure you get back

2:18:05into the actual application of the development.

2:18:07But the construction size are around.

2:18:10Again, I'm not taking away your time,

2:18:11I'm not trying to be rude at all,

2:18:14but as the chair, I just wanna make sure

2:18:15that we are focused on what's in front of us here.

2:18:18So I'll still have to give you your time, you go ahead.

2:18:20The application before you will result in construction noise.

2:18:25And I wanna ensure that the noise from that construction

2:18:30does not occur outside of allowed hours.

2:18:34That is specific to this development application,

2:18:39because I share a, I don't even know how many meter

2:18:44boundary with this property.

2:18:47And I also have an issue with respect to garbage,

2:18:56because when the townhouses on the former

2:19:00Victoria West golf course were constructed,

2:19:02that's at the North Property Line.

2:19:05The developer threw the four by four cutoffs

2:19:08from the balconies onto my property.

2:19:11And there's garbage all along that property line,

2:19:15and I wanna ensure that council ensures

2:19:19that that doesn't happen with the development

2:19:22at 220 Arkel Road.

2:19:25So these are specific, these are concerns specific

2:19:30to 220 Arkel Road.

2:19:32And when I, one of the questions I had

2:19:37for Mr. Rumpel yesterday was with respect to changes

2:19:43from the 2020 application,

2:19:48the street in the former Victoria West golf course

2:19:55named Pool Street, which is a North South Street.

2:19:59In that application, it was shown straddling

2:20:02the property line between 220 and my property.

2:20:07In this application, that road has been moved

2:20:11to the east so that it no longer straddles

2:20:14that property line.

2:20:16So my question is, how was that change achieved?

2:20:20Did it, was it through changes to the zoning

2:20:26for the Victoria West golf course?

2:20:31Or that's it.

2:20:36So those are my issues.

2:20:39Okay.

2:20:40And my final question is, with respect to the notice

2:20:43of public meeting, which it said,

2:20:48residential subdivision is proposed

2:20:50with 31 single detached dwellings and 70 to 94 townhomes.

2:20:55And yet those numbers did not agree to any of the backup

2:20:59or to the actual proposal, which is for not 31

2:21:05but 32 single detached and not 70 to 94 townhomes,

2:21:10but 48.

2:21:11So I want to understand how that was allowed

2:21:14to be distributed by the city.

2:21:19Okay.

2:21:20Thank you.

2:21:21And the whole reason for the public meeting

2:21:23is for it to be captured.

2:21:25Our staff are absolutely capturing it.

2:21:27And you've also stated it in front of the applicant's

2:21:31representative.

2:21:32And I believe maybe the applicant might be listening online.

2:21:35So it's good that you did that so that everything

2:21:37can be captured and that can be looked into

2:21:39and investigated further for you 100%.

2:21:42Is there any questions from my colleagues

2:21:44just before I see if there's anyone else?

2:21:46Just Councillor Caron, please.

2:21:49Thank you, Ms. Staples.

2:21:50And I know you've been before Council

2:21:51many times before on similar issues.

2:21:54And so my question is just with related

2:21:56to the condition about fencing,

2:21:57because I know if I recall correctly,

2:21:59and correct me if I'm wrong,

2:22:01the Dawes Avenue stub road, you also requested a, sorry.

2:22:06I'm sorry, could you, could actually,

2:22:08could I ask you to speak up?

2:22:09Sure, I'm sorry.

2:22:10Thank you very much.

2:22:11Thank you for coming.

2:22:12I know you've been before on similar issues.

2:22:16You, in previous, I wanna get the fencing condition

2:22:19that you're requesting.

2:22:21I want clarity on that so that I can address it with staff.

2:22:24In previous applications, both for the high school

2:22:27and for the Dawes Avenue and the Victoria Park development,

2:22:33you have also requested fencing to protect

2:22:35your risk and liability to your property.

2:22:38I'm just wondering whether that fencing has been adequate.

2:22:40Has it been chain link?

2:22:42Has it been high enough?

2:22:42Because I know high school kids are gonna jump fences,

2:22:46especially if it's a-

2:22:47More path.

2:22:48So, and I just wanna know whether that the fencing

2:22:52specifically has been adequate to address your needs

2:22:55in the past for previous development,

2:22:57or are you looking for something a little more

2:23:01stronger and higher to reduce, again,

2:23:03your risk and liability on your property?

2:23:06Well, it has been between, it's 246 Arkel Road

2:23:11and my property.

2:23:12To the best of my knowledge, the fencing has never been

2:23:14installed along the north property line

2:23:17between the former golf course,

2:23:21and what is now has been designated by the city

2:23:24as a significant woodlot on my property.

2:23:28And have you, you have evidence seen that encroachment

2:23:33on your property or trespass on your property

2:23:36in the absence of that fencing?

2:23:38Well, I mean, I don't patrol the property,

2:23:43but I do get trespassers coming through from that direction.

2:23:47Okay, thanks.

2:23:47And with the upper grand high school opening this fall,

2:23:52I don't want anybody cutting across my property

2:23:55as a shortcut.

2:23:59And so my, also my question is,

2:24:01how will city staff deal with these issues with me?

2:24:07So yeah, you've stated it.

2:24:09It's on the record, it's staff are right there,

2:24:11they've heard you.

2:24:13And so they'll take it away.

2:24:16Anything in regards to the upper grand district school board

2:24:18needs to go to them, not to us.

2:24:20So you can contact your trustee

2:24:22or go right to the upper grand district school board

2:24:25to see if they can investigate that a bit further for you.

2:24:27Okay.

2:24:28I didn't raise anything about the upper grand.

2:24:30I raised it from trespassing from the 220

2:24:36Arco Road subdivision to the high school,

2:24:40not from the high school to the 220 Arco Road development.

2:24:45Okay, so my apologies if I misunderstood,

2:24:48but we captured it all, we hear you.

2:24:50Okay, but again, my question hasn't been answered.

2:24:54Will city staff contact me?

2:24:56Yeah, so I'm sorry, I'll contact you

2:24:59about the things that you've just addressed.

2:25:01Correct.

2:25:01So as you know, there's a sign up sheet here already.

2:25:04I mean, you're obviously already engaged,

2:25:06but anything to do with this file,

2:25:08if you want to be engaged through that email,

2:25:10or it looks like you already have a direct line

2:25:12to our staff, that you can definitely keep in contact

2:25:16with them, and then especially when the recommendation

2:25:19report comes back to us for consideration,

2:25:23you'll be notified in advance for that too,

2:25:25and you have the exact same ability to read that report,

2:25:28and then come back and address anything

2:25:29that you either like or don't like

2:25:31right before we do a final vote.

2:25:33Yes, but that'll take it to a vote,

2:25:35and I will only have approximately 10 calendar days

2:25:39to review that.

2:25:40That is correct.

2:25:42And so that's why I'm asking the staff contact me

2:25:46to address these issues with me.

2:25:49Yeah, so I believe that they are nodding yes,

2:25:51they're happy to speak with you.

2:25:52I can't look in both directions, sir, I'm looking at you.

2:25:57Yeah, so I'm not going to go back and forth with you now,

2:25:58and so you're getting me a little bit elevated here

2:26:00from a decorum point of view.

2:26:01I'm trying to be very respectful,

2:26:03and I know that you have some wanting

2:26:06to get some points across as well.

2:26:08I have repeatedly said that we have heard you,

2:26:11it's captured, our staff have heard you,

2:26:13there's ways to engage.

2:26:15I have heard from staff saying that they are more

2:26:17than willing to contact you, they will,

2:26:20and so I don't see anything here as being negative at all

2:26:23as you walk away from here.

2:26:24You've stated your issues, we've heard you

2:26:27and staff have heard you, and they will follow up.

2:26:29In fact, I'll make a promise to you now

2:26:31that I'll follow up with staff on your behalf

2:26:34to make sure that they have followed up with you.

2:26:37Okay.

2:26:38Am I done?

2:26:40Let me look around to my colleagues

2:26:41to see if there's any other questions.

2:26:44Okay, there isn't, and thank you very much.

2:26:47Okay, so with that, this is an opportunity

2:26:51if there's anyone else in the room

2:26:52that would like to speak to this applicant.

2:26:56This is application, sorry, or if there's anyone online

2:26:59that would like to speak as well,

2:27:02and there's gonna be a phone number

2:27:03that's gonna pop up on the screen.

2:27:05I know it's 519-837, can't quite remember

2:27:09the final four numbers.

2:27:14You'd think after 12 years, 5603.

2:27:19So 519-837-5603, all right?

2:27:25We're gonna lead that call number up there

2:27:27for a few moments, be two, three, four minutes kind of max,

2:27:31and we'll see if anyone wants to call in on that.

2:27:33As we're waiting to see if anyone wants to call in on that,

2:27:35is there anyone in the room that wants to speak

2:27:37to that application that we're talking about right now?

2:27:40No, okay, so everyone just take your breath

2:27:41for two or three minutes as we wait

2:27:42to see if anyone calls in, okay?

2:29:30Okay, this is a two-minute warning,

2:29:32just for everyone online and in the room,

2:29:34just to get ready.

2:30:48Okay, we're gonna come back here with one phone call in

2:30:52from Carmen Jandu.

2:30:55I hope I said that right.

2:30:57Carmen, are you gonna speak to us with your camera on

2:31:00or just over the phone?

2:31:01Just over the phone, I believe.

2:31:03Can you just try your phone out

2:31:04so we can make sure we can hear you?

2:31:09And if you can hear me, you just have to press

2:31:11star six on your phone.

2:31:16So star six.

2:31:17Good afternoon, can you hear me now?

2:31:18Yeah, we can.

2:31:19Thank you very much for joining us.

2:31:21And I hope I said your name right.

2:31:25You did an excellent job, sir, thank you.

2:31:27Okay, all right, tell us your thoughts on this.

2:31:29Go ahead.

2:31:31Oh, thank you.

2:31:32So good.

2:31:42Yeah.

2:31:43I think that I have, I'm just gonna pause this.

2:31:45Sorry, I thought that I was watching online as well.

2:31:46That would be good,

2:31:48because no one wants to hear me twice.

2:31:49That's good.

2:31:50Yes, thank you.

2:31:52And good afternoon, everyone.

2:31:53Mr. Mimir, members of council, staff and public.

2:31:56Again, my name is Carmen Jandu.

2:31:58I'm a land use planner with Arcadas.

2:32:00I'm based out of the Hamilton office.

2:32:02And I'm here representing Victoria Park Village,

2:32:05who are the developers I said earlier,

2:32:07to the Victoria Park Village subdivision

2:32:09located to the north.

2:32:12I'm here because of the draft plan of subdivision

2:32:14at 220 Arcale proposes to install a driveway

2:32:17to connect to Hutchison Road

2:32:19within our client subdivision.

2:32:21Our client subdivision is currently not assumed up

2:32:23this time by the city.

2:32:24As our last resident of block remains undeveloped.

2:32:27And I'm currently progressing through the site plan approval

2:32:29for that block.

2:32:31As a part of my site plan approval application,

2:32:33our client is currently working with staff

2:32:36for the design and the installation of traffic signals

2:32:39at the intersection of DeCorso and Victoria Park.

2:32:41As the subject line are directly benefiting

2:32:43from the intersection lights and infrastructure,

2:32:45our client requests that the city help facilitate

2:32:48a fair cost sharing for the design

2:32:50and or installation of those lights and infrastructure

2:32:54through a condition of draft plan approval.

2:32:56Admittedly, a cost sharing agreement

2:32:58or a front-ending agreement wasn't contemplated

2:33:01during the subdivision approval,

2:33:03which unfortunately I wasn't a part of at that time.

2:33:06This subdivision was about seven,

2:33:10the registration of the subdivision

2:33:11is about seven or so years ago.

2:33:13So the work proceeded that as well.

2:33:16But however, we asked that the lack of a condition

2:33:19not preclude the consideration for the review of cost sharing

2:33:23that we are asking for today.

2:33:25We recognize from our planner's presentation

2:33:29that there's no decision being made on this application today.

2:33:33However, we request that council consider

2:33:35our clients cost sharing request

2:33:37and direct staff to address our concerns as well

2:33:40and try to facilitate some of those meetings.

2:33:43Earlier today, my correspondence for this request

2:33:45was submitted to Mr. Rampal in the planning department

2:33:48and the clerks office,

2:33:49but I was admittedly a past the deadline.

2:33:52So our letter didn't make it to today's agenda.

2:33:55So through my delegation and speaking to the clerk,

2:33:57I'm hoping to bring your attention to our correspondence

2:34:00and ask that the clerk distribute the letter

2:34:02to the council for the review.

2:34:04And that's my request and thank you for your time

2:34:06and I'm available for any questions.

2:34:09Great, thank you so much for calling in.

2:34:11Is there a follow up at all on this one?

2:34:15There isn't.

2:34:15Just so you know, if you would like to send in

2:34:20any correspondence, if the clerks have it,

2:34:21they can forward it,

2:34:22but you can also send it to mayor at gulf.ca

2:34:26and I'll make sure my council colleagues get it.

2:34:29Okay, thank you so much.

2:34:30I'll do that.

2:34:32Okay, and I do have a question for you

2:34:34just before you hang up.

2:34:36As much as you've talked,

2:34:37you just said around site plan issues with our own staff,

2:34:40have you even reached out to this developer

2:34:42on this application to have any of those discussions

2:34:44before coming and delegating tonight?

2:34:48I believe that my client was reaching out to staff

2:34:52and I'm not sure if he reached out to AMHBC or the applicant.

2:34:57I was brought on to prepare the correspondence

2:35:01and delegate a little later on.

2:35:03So I do know that we have had some back and forth discussions

2:35:08through my client and the city,

2:35:09but I wasn't a part of those discussions.

2:35:11Okay.

2:35:12All right, well, I would also encourage just

2:35:14the neighborly thing to do, sort of knock on the door,

2:35:17just to see if there's a way that you guys

2:35:20can just chat things out without sort of

2:35:23also involving the city,

2:35:25but I also understand the why you're bringing it up.

2:35:28Yes.

2:35:29It's on record now.

2:35:30So thank you for doing that.

2:35:31There's no further questions.

2:35:33No, thank you.

2:35:34Yeah, there's no further questions.

2:35:35So again, thank you very much.

2:35:38All right, have a good evening everyone.

2:35:40You too, bye-bye.

2:35:44And there's no one else in the room that wanted to.

2:35:46So it is back to us.

2:35:48Councillor Houser, you've mentioned you wanted to

2:35:51at least move receipt for this and Alt,

2:35:53you're okay with seconding the receipt?

2:35:55Okay, thank you.

2:35:58And is there anything that you would like to speak

2:36:01to our staff about that has not already been brought up?

2:36:08Councillor Caron.

2:36:10It's kind of been brought up.

2:36:12So it's different.

2:36:16It's more of a historical discussion.

2:36:17We used to have a lot of applications in Ward 4

2:36:20and Councillor Guthrie at the time would have remembered

2:36:23this because they included stub roads to nowhere,

2:36:26stub roads to townships, stub roads to, yeah.

2:36:32And so we're seeing them in these applications

2:36:35on the adjacent agricultural land,

2:36:37which I might add has been in production

2:36:39for well over 150 years and has,

2:36:43and I believe still has that zoning.

2:36:45So when we see these applications with these roads

2:36:48and we know that they're privately owned,

2:36:50do we have any planning tools to ensure that there is no,

2:36:58like we're basically saying there will be a road here

2:37:01someday on land that we cannot ensure

2:37:05that will happen for who knows, decades, another 100 years.

2:37:09So my question is fencing and vegetation

2:37:14or something that we can ensure that this road ending

2:37:21does not adversely impact an adjacent property owner.

2:37:25What planning tools do we have other than conditions

2:37:27on site plan?

2:37:33Through the mayor to Councillor Caron.

2:37:35So we can certainly explore having a fencing condition

2:37:38along that property line.

2:37:40Additionally, these draft plan shows that street A

2:37:43will go up straight up to the property line.

2:37:45That being said, until such time as the property to the east

2:37:49is redeveloped, if it ever is,

2:37:51there will be a temporary turning circle at the end of that.

2:37:54So that way that road will not impact the neighboring property

2:37:58until or if they choose to redevelop that property.

2:38:02And if need be, it can remain as a,

2:38:07called the SAC and operate independently of the property

2:38:10to the east being redeveloped.

2:38:11So there's nothing forcing that property to redevelop

2:38:14against their will or anything along those lines.

2:38:16Okay, thank you for that.

2:38:18In the plan that we saw today,

2:38:20there's units that are there that would

2:38:24be in that turning circle.

2:38:26Is it possible to remove those two units

2:38:29to create that turning circle?

2:38:30Or again, is that something that you would have to speak

2:38:34to the owner about because we would want that cul-de-sac

2:38:39form to occur at the time of construction?

2:38:46Through Mr. Mayor to Councillor Caron.

2:38:48So yes, the few units on either side of street A

2:38:51would be held out until such time as the development

2:38:54of the neighboring property can proceed.

2:38:58And then the street can go straight on through

2:39:02past the property line.

2:39:03As long as that temporary turning circle is there,

2:39:05those lots will be held out from development.

2:39:07Great, thank you.

2:39:09Great.

2:39:11And look, I just want to make sure I have it on the record

2:39:13for that, that, that, that delegate that came up.

2:39:17I don't know if she's still here or not.

2:39:18I don't have my glasses on, but just to have it

2:39:22on the public record, I, I, you heard her concerns.

2:39:26You're good to reach out.

2:39:27You've got to call anyways, just to kind of walk her through

2:39:30what you can and can't do there.

2:39:32And also the opportunity to make sure she's aware

2:39:35when the application comes back.

2:39:39Through you Mr. Mayor, that is correct.

2:39:40Yeah, we'll absolutely reach out again.

2:39:42I've already spoken with Miss Staples last week

2:39:46and I'm happy to reach out again

2:39:47to discuss her concerns further.

2:39:50Perfect.

2:39:50And I think as we all heard, some of the issues

2:39:53are bylaw related in general.

2:39:55And so maybe just, if you're talking to her,

2:39:57just maybe give some of the, some of the ways

2:40:00in which bylaw can be engaged as well further on.

2:40:04Okay, that would help her out.

2:40:06Okay, with that, I see nothing further.

2:40:10So can I call the vote?

2:40:12Are we good?

2:40:13Yep.

2:40:14Okay, is there anyone against receiving this application?

2:40:18Okay, nobody, nobody's against.

2:40:19So that's unanimous as well.

2:40:22And so now we are going to do that,

2:40:27that break that I mentioned earlier.

2:40:30So I just want to confer with the clerks for one moment.

2:40:33Everyone just give me a second.

2:41:07Thanks everyone.

2:41:08I just wanted to understand sort of the bouncing ball here

2:41:10of what's happening.

2:41:12And so I'll just explain to you what I just had

2:41:13the discussion with the clerk on there.

2:41:15So we are going to take a break

2:41:18for approximately half an hour.

2:41:20So let's say, say, say for half an hour.

2:41:22So it's five o'clock is when we're going to come back.

2:41:25But we've had a request to go in camera for some advice.

2:41:32And so to do that, we're going to have a break

2:41:34for a half an hour.

2:41:36We're going to come back out here at exactly five o'clock

2:41:40and we will be moving to go into a closed session

2:41:43in regards to the Niska lands item.

2:41:47I would suggest that that item in camera

2:41:53will probably be about a half an hour at a minimum.

2:41:57Okay, so I'm just kind of trying to give a flavor

2:42:00of what to expect.

2:42:02So it's 4.30 now, break for a half an hour.

2:42:06Then we come back out here and all we do

2:42:08is immediately look to move to go in camera

2:42:10on the Niska issue.

2:42:12That's going to be half an hour.

2:42:14So I would suggest from a timing perspective,

2:42:17you might want to try to come back here

2:42:19if there's people waiting for the Niska issue

2:42:22or people watching online,

2:42:24that it probably won't start till 5.30.

2:42:26I'm just trying to make sure everyone's

2:42:28given a heads up, okay?

2:42:29So thank you.

2:42:32We'll take a break right now.

2:42:33As I said, we will come back out at five o'clock,

2:42:35but again, it will be to look to see if council

2:42:38wants to move into a closed session

2:42:39at that time on Niska lands.

2:42:41Okay, thank you very much.

3:15:05My colleagues online,

3:15:06if I could just have your cameras on please.

3:15:08Thank you.

3:15:15Okay, so as I stated earlier,

3:15:20we are at the statutory public meeting

3:15:22and decision meeting for the Southeast parcel

3:15:24of Niska lands city initiated OPA and ZBA.

3:15:28Right off the top council is going to be looking

3:15:33to go into a closed session

3:15:35and I'll read that out for everybody.

3:15:39So as per section 239, 2C and F and K