Corporation of the County of Wellington

Land Division Committee

Minutes

Thursday, June 08, 2023

9:00 A.m. - 11:00 A.m.

County Administration Centre

Keith Room

Present:

• Warden Andy Lennox
• Councillor James Seeley (Chair)
• Councillor Michael Dehn
• Councillor Mary Lloyd
• Councillor Shawn Watters

Staff:

• Zachary Prince, Senior Development Planner
• Deborah Turchet, Coordinator, Secretary-Treasurer, Land Division

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1.

Call to Order

At 9:00 a.m., the Chair called the meeting to order. 

2.

Declaration of Pecuniary Interest

There were no declarations of pecuniary interest. 

3.

Approval of Minutes of Land Division Proceedings

• Moved by: Councillor Dehn
  Seconded by: Councillor Watters

  THAT the minutes of May 11, 2023 be approved as circulated.

  
  
  
  Carried

4.

Considerations of Applications

4.1

Applications Recommended to be Expedited

• Moved by: Warden Lennox
  Seconded by: Councillor Watters

  THAT the applications recommended for Expedited consideration be approved.

  
  
  
  Carried

4.1.1

B20-23 - William Cummings - Mapleton

4.1.2

B23-23-B25-23 - Cathryn and Cole Robinson - Minto

4.1.3

B26-23-B27-23 - Terrence Martin - Wellington North

4.1.4

B30-23 - Trevor Roberts Auto Repair Inc. - Wellington North

Councilor Lloyd – main driveway off Highway and Smith Street; retained on Wells Street has entrance;  Z. Prince – MTO  recommend one entrance closed; Township is satisfied for retained closed; will go down from three – two; M. Lloyd – need condition?  Z. Prince – at point of construction is part of MTO permit stage; any time MTO area they have to permit at building stage; Warden Lennox – Smith is a connecting link – actual jurisdiction is Wellington North; MTO is north of the intersection

4.1.5

B31-23 - Holtz Grain Limited - Wellington North

4.1.6

B32-23-B33-23 - Karen and Marlin Martin - Wellington North

4.1.7

B7-19 - Charlotte Mudge - Guelph-Eramosa

4.2

Applications to be Considered

4.2.1

B21-23 - Jeffrey and Michelle Oldham - Erin

Appearing before Committee:    David Oldham – owner;   Rod Finnie – agent;   Zachary Prince – P&D Staff

Zachary Prince – provincial policy statement – 30 m from wetland; town – entrances concern; no opportunity any where else;  J. Seeley – 30m setback?  Z. Prince – comes from Growth Plan; naturalizes area – 30 m any new development;  J. Seeley – let wetland naturalize;  R. Finnie- heard Growth Plan is merging with Provincial Policy Statement; provincial government changing attitude; GRCA own to the south of retained; suggested meet on site and define area and if needed – EIS; established building envelope higher ground at back; pictures helpful; small wetland; composed of pompas grass – not natural species; let GRCA determine EIS; driveway at south of existing driveway; reduces area; visual boundaries move a bit to south may have to move hydro pole;  D. Oldham – house built in 1973; neighbour to the west tile drained; was dry before this done;  R. Finnie – question is, is this a significant wetland; build envelope further to back; GRCA Impact Study would be good;  M. Lloyd – are you seeking deferral?  Question GRCA and change in lot line;  Z. Prince- if moves a metre or 2 not significant – could change;  R. Finnie- would be 5 metres configuration would change; if Committee want to defer?  M. Dehn – lot to S/E – any impact?  Z. Prince – would need to contact GRCA; driveway and home;  S. Watters – to the north – cut grass?  D. Oldman – yes; right out to the road; winter and spring wet pockets;  S. Watters – GRCA across; no MDS?  Z. Prince- no MDS;  D. Oldman – at back of first severed lot was a barn; previous owner said it was all field; Warden Lennox – wetland complex? Extends to GRCA and part of same wetland; Z. Prince – Greenland in front and north of driveway wetlands described through GRCA;  D. Oldman – cedar bush crosses at back cuts across; cuts grass at front – seasonal; Warden Lennox – a shared driveway? R. Finnie – existing goes north; location is to be refined;  J. Seeley – question new entrance to the east; R. Finnie – ideally to N/E; according to elevation flood plain comes to proposed driveway; S. Watters – concern technically  wetlands come up to driveway; problem with fill; GRCA may say wetland comes up to driveway;  J. Seeley – jurisdiction of driveway entrance is local and GRCA signs off on it; both parcel have access; severed parcel not farmed?  R. Finnie – field is hay;  J. Seeley – part would envelop hay?  D. Oldman – same person renting land; logical plan – north is forested; this is extended front lawn; J. Seeley - Condition #7 on septic; question 30 m setback – do they put in tertiary? Does condition cover tertiary? Z. Prince – 1.3 ha area 0.5 building envelope if needed could move back; CBO determines setback; smaller lot areas require tertiary; building envelop size – Environmental consultants address; GRCA approval; M. Lloyd – have looked after the land but see if owned by others they could change it; our job is look at future; not comfortable passing yet;  R. Finnie – can meet with GRCA and establish the wetland; defer;  J. Seeley- yes – suggest defer, talk with GRCA a study is $8 - $10 thousand;

Moved by Warden Lennox                           Seconded by Councilor Watters

 THAT application B21-23 be deferred and that the owner/agent provide additional information from Grand River Conservation Authority regarding wetland, setbacks and entrances as it relates to this application.

                                                                        Carried (5-0)

4.2.2

B22-23 - Louise and Peter McMullen - Erin

Appearing before Committee:    Louise & Peter McMullen – owners;       Rod Finnie – agent;   Zachary Prince – P&D Staff

Zachary Prince – application meets Secondary Agricultural; 2.2 ha is larger than policy; if vacant would have constraints; this is built on; house and geothermal; not identified as wood lot; J. Seeley – retained is oversized and should be reduced;  Z. Prince – area is the concern; sketch shows geothermal;  R. Finnie – try to be smaller regarding County Policy; geothermal bed at back of house, tree boundary; seemed logical to contain geothermal and the tree line at road entrance keep for severed; keep trees on retained; severed will be transferred to son; challenge to maintain and want to keep in family; environmental at back and kept on severed; GRCA – no issue with entrance;  M. Lloyd – size; proposed new dwelling on severed;  M. Dehn – back area – mixed bush;  P. McMullen – planted trees – evergreen; planning white spruce;  Warden – don’t like size and lot line moved to other side of tree line;  R. Finnie – made a regular shaped lot line; can move to internal tree line;  J. Seeley – access? Are the ones shown on aerial? R. Finnie – proposal sent to GRCA; boundary is post and wire break in fence for existing entrance; north side of tree line;  J. Seeley – more appropriate place for severed; could come back with severed rural residential - lot impact?  R. Finnie – low at front – not ideal for severance – scrub and brush; proper lot – back behind and end up with lot same size or similar; don’t think viable;  M. Dehn – north corner?  Z. Prince – corner is identified as wetland; J. Seeley – lot adjustments  R. Finnie – question – defer for updated sketch with revised boundary;

Moved by Warden Lloyd                              Seconded by Councilor Dehn

 THAT application B22-23 be deferred and that the agent submit an updated sketch showing the lot line boundary proposed along the tree line.

                                                                         Carried (5-0)

4.2.3

B29-23 - Gerald Bakker - Centre Wellington

Appearing before the Committee:    Gerald Bakker – owner;    John Cox – agent;   Zachary Prince – P&D Staff;   Diane Schilling – neighbour

Zachary Prince – plan to separate house from commercial use; hydrological feature at back and Prime Agricultural; Township has site specific zoning and use allowed now; up to township if need rezoning;  J. Cox – sketch describes the split uses – business from residential; currently building a house across the road;  Waverdale Fleet Service – over 30 years; whether this is farm related is the question; major clients is University of Guelph and various other farm vehicle repairs; agricultural related uses policies referred to – opinion is this is consistent with definition; PPS – different agricultural uses – farm operations in area and provides services; opinion this meets intent of PPS; no impact to surrounding agricultural uses; Commercial zoning restricted and home zoned residential; GRCA and Township in support; similar applications have been brought forward to separate uses; slight irregular shape follows tree line and separates the uses; Mr. Bakker building across road; niece moving into existing house; some neighbours in support sent in statement;  D. Schilling – concern with future when sell commercial; precedent set commercial/residential;  M. Dehn – single commercial use?  Z. Prince – existing site specific zone and Township request to stay same; if a change, there would be a public process; new zoning would follow todays policies; M. Lloyd – question well on severed and retained; Warden Lennox – is that a municipal drain?  G. Bakker – comes from tiles at university land; Z. Prince – both would drain;  Warden Lennox – if municipal – Twp ask for apportion?  Z. Prince – township not asked; Warden Lennox- municipal drains become contentious; if Centre Wellington is satisfied, this is fine;  J. Seeley – is it worth asking?  Z. Prince- there is no drain;  M. Lloyd – question MDS; J. Cox – condition #8 to meet;  M. Dehn – what is distance required?  Z. Prince depends on the operation; surveyor sketch is more accurate than the aerial as taken 2 years ago;  J. Seeley – question lot line;  G. Bakker – building there;  J. Seeley – township staff takes care of setbacks for zoning;  Warden Lennox – does zoning cover the severed and retained;  Z. Prince – yes;  J. Seeley – have approved applications in Prime; concerns sever now – use ok – future complaints do not realize use next door; any change would be difficult;  Z. Prince – yes would need to meet policies today;  J. Seeley – once approved changes to residential?  Would need to rezone for additional;  J. Cox – site specific; truck repair and sales – restrictive;  J. Seeley – future could apply to change – that is what neighbour concern is;  M. Dehn – current zoning – would this allow truck terminal?  J. Seeley – if is allowed – could do now;  G. Bakker – even now could  M. Dehn- through process – zoning   Z. Prince – condition is Township zoning;  Warden – opposed to severance in Prime Agricultural – don’t have problem here as exists as long as conditions address;  J. Seeley- cognitive of future issues.

(5-0)

4.2.4

B34-23 - Doris Reid - Minto

Appearing before Committee:   Doris Reid, owner; Bob Reid, Julie Wilson and Jake Skipper  Zachary Prince and Aldo Salis - P&D Staff;   Genevieve Scott; 

Zachary Prince – application before the Committee regarding Maitland Valley and request of a flood study regarding safe access; zoning to restrict house on retained; piece at back added to be one acre; B. Reid – existing entrances access to both sides of ditch; house is small and built into land; add geothermal; new land going in to is where the barn was; Maitland Valley – wanted them to come out to look; there are places to be able to build; the amount of water that goes through does not overflow and don’t need a flood study;  D. Reid- Julie (daughter) living there;  B. Reid – flood study is an over reach;  Z. Prince – worried about access;  J. Seeley – existing access; no new changes and redrawing the lines;  S. Watters – can we make that call?  M. Dehn – this is a request by another governing body;  Z. Prince – Committee has to weigh the issue;  S. Watters – don’t think this is issue;  G. Scott – is this regulated?  Z. Prince – yes; tried to reach out to Maitland;  B. Reid – said it needs engineer stamp; if application before GRCA, they come out to look at it;  S. Watters – is there a Conservation representative on the Board (Town of Minto) to come out and look?  Warden Lennox – yes – there is a member on Council with the Conservation;  M. Lloyd – is  municipal drain, why does this go to Conservation?  Warden Lennox – it is both;  M. Lloyd – access across the drain?  J. Seeley – can we re-word the condition to not include flood study;  A. Salis – “as applicable” instead of flood study; Warden Lennox – this is a municipal drain that has been identified by engineer; worry about the word study – go back to municipal engineer for exact measurement;  J. Seeley – to satisfy – may be a study or not;

Moved by Councilor Lloyd                              Seconded by Councilor Dehn

THAT Condition #11 be amended to:

11) THAT the applicant address the flooding concerns as reflected in the Maitland Valley Conservation Authority correspondence dated May 25, 2023 to the satisfaction of the Maitland Valley Conservation Authority.

                                                                        Carried

Approved with amended condition #11 (5-0)

4.2.5

B150-22 - Barry Heinmiller - Minto

Appearing before Committee:     Genevieve Scott – agent;   Zachary Prince – P&D Staff

Zachary Prince – subdivision in circulation; applicant worked with neighbour – proposed a draft agreement currently and during construction;  G. Scott – Steven Heinmiller concerns with Right of Way across his land; Breymark owner for 1^st Phase have access through Ontario Street and eventually Mary Street; agreement will be registered on title and that the retained has access throughout the construction process; request Mr. Heinmiller to send in writing the acceptance and he has provided that;  Warden Lennox- legal status;  G. Scott – ROW – there are two – Barry will still have access and Steven is good; going through land titles absolute now and will resolve; no concern with Barry access now but in future houses will be across;  M. Lloyd – how access?  G. Scott – right now will enter into agreement for access now, but when build out, will access from Mary Stret; use laneway now and future Ontario Street;  M. Lloyd- large farm vehicles;  S. Seeley – confident with access and agreements are covered?  Z. Prince – yes

(5-0)

4.3

Applications to be Deferred

4.3.1

B28-23 - Susan and Jerry Auger - Puslinch

5.

Adjournment

At  10:45 a.m., the Chair adjourned the meeting until THURSDAY, JULY 20, 2023.