Minutes

Planning Advisory and Hearing Committee

Meeting #:
2022-02
Date:
-
Location:
Cornwall Civic Complex, 100 Water Street East, Cornwall, Ontario, K6H 6G4, Salon B, Lower Level
Attendance Committee Members:
  • Amanda Brisson
  • Ronald Symington
  • Justin Towndale, Councillor
  • Dean Hollingsworth, Councillor
  • Denis Carr, Councillor
  • Claude McIntosh, Councillor
  • Syd Gardiner, Councillor
  • Glen Grant, Councillor
Regrets:
  • Todd Bennett, Councillor
  • Eric Bergeron, Councillor
  • Carilyne Hébert, Councillor
  • Maurice Dupelle, Councillor
  • Elaine MacDonald, Councillor
Attendance Administration:
  • Lindsay Parisien, Development Planner
  • Ely Daniels, Administrative Assistant
  • Mark A. Boileau, General Manager, Planning, Development and Recreation
Others Present
  • Dana McLean

    Shrija Vora

     

​Chair:                   Elaine MacDonald, Councillor
Prepared By:        Ely Daniels, Administrative Assistant


Mayor/Chair Glen Grant called the meeting to order at 7:00 p.m.

Roll Call was conducted by PAC Recording Secretary Ely Daniels

The following Agenda is being presented for adoption as presented / amended.

  • Moved By:Syd Gardiner, Councillor
    Seconded By:Claude McIntosh, Councillor
    Motion Carried

The Minutes of Tuesday, April 19, 2022, are being presented for adoption.

  • Moved By:Justin Towndale, Councillor
    Seconded By:Ronald Symington
    Motion Carried

Development Planner Alex Gatien provided a final Draft Overview of the Parkland Dedication By-law.  He explained that the By-law’s content had not changed significantly from what was presented at the April PAC Meeting, and that small changes to the format and wording were done.  He added that the By-law has gone through two sets of reviews by the City’s legal counsel, one by Watson and Associates Economists Ltd, as well as an extensive internal review.  He described the changes to the new By-law as the following:

  1. It is based on uses, and does not reference the Zoning By-law.
  2. Introduces a 2% parkland dedication rate for non-residential development.
  3. Identifies clear criteria for which lands are and are not suitable for parkland dedication.
  4. Establishes exemptions and reductions in Parkland Dedication requirements for certain types of development.
  5. Sets out criteria for when the City would accept cash-in-lieu of parkland, and it provides discretion for the City to accept a combination of land and cash-in-lieu if appropriate in the context of the development.
  6. Includes the new alternative (cash-in-lieu) rate for higher density development that was introduced in the Planning Act as part of the COVID-19 Economic Recovery Act.
  7. Must be updated by September 18, 2022, to comply with the provincial legislation.

The most significant change is the introduction of a Parkland Dedication for lots created by Consent, however, it will not apply to lots created in Subdivisions that have contributed to parkland or cash-in-lieu.  It will apply to new lots created on older plans and for infill lots in older parts of the city.  A flat fee of $750 will be required for the Parkland Dedication. If a dispute arises about the requirement, the valuation section of the By-law can be used to determine the value. The amount of $750 represents 5% of $15,000, which is below the cost of any residential lots in Cornwall. The By-law is intended to be reviewed every 3 years, and the fee can be adjusted at that point. The fee is set low to avoid the need for an assessment for small-scale residential development.  He advised that the new By-law can be adopted at either the August 8th or September 12th, 2022 Council meetings to meet the deadline date.

  • Moved By:Denis Carr, Councillor
    Seconded By:Ronald Symington
    1. That PAC receive the final draft of the Parkland Dedication By-law.
    Motion Carried

Mark Boileau, G.M. of the Planning, Development and Recreation Department informed that the final draft of the Parkland Dedication By-law was posted on Social Media and emailed to members of the development community.  He also advised that a Notice was advertised in the city’s Bulletin page and in the Standard Freeholder on Saturday, July 2nd, 2022, covering the following three public meeting items.

  • An application for the removal of the Hold (H) category on a parcel located at 1300 Marleau Avenue.
  • An application to consider a request for a Draft Plan of Subdivision, (Marleau Lots Development) with a corresponding Zoning By-law amendment from Residential 20 (RES 20) to Residential 20 with Exceptions (RES 20 EXC), on a vacant lot south of Marleau Avenue, east of Nick Kaneb Drive, west of Campbell Street and north of Hamilton Crescent. He advised that this item has now been deferred and will be reviewed at the next PAC meeting scheduled for Monday, August 15th, 2022. A memo notifying PAC members of the deferral was sent out on Tuesday, July 12th, 2022.  A 400’ft. radius deferral Notice was also hand delivered to landowners around the subject property on Wednesday, July 13th, 2022.
  • An application for a proposed Zoning Bylaw Amendment of 1424 Aubin Avenue from Residential 20 (RES 20) to Residential 20 zone with site-specific exceptions.
  • Moved By:Syd Gardiner, Councillor
    Seconded By:Claude McIntosh, Councillor

    Based on the proceeding discussion, it is recommended:

    That approval be given to the Zoning By-law Amendment application to remove a Hold Designation prepared by De Saulniers Construction Ltd. dated May 31, 2022, on the lands located immediately north of the parcel at 1300 Marleau Avenue, Cornwall as detailed in this report.

    Motion Carried
    1. That Lots 55 – 56 of Part Lot 158, and Lot 47 of Part Lot 160, municipally known as 1424 Aubin Avenue, Cornwall, be rezoned from Residential 20 (RES 20) to Residential 20-11 (RES 20-11), which indicates a site-specific exception.
    2. That the following site-specific exceptions be approved:

      Uses:

    3. Recreation, sports, fitness, cultural space, and community support services uses shall be permitted. An office for an amateur sports or recreation organization shall be permitted. No additional office uses shall be permitted.

    Standards:

    1. Rear yard setback of 6.1m.
    2. A landscaped buffer of 0m along the north, south and east boundary of the existing parking lot.
    3. The Community Centre parking ratio of 1 space per 50 sq. m. be applied to the site.
  • Moved By:Claude McIntosh, Councillor
    Seconded By:Dean Hollingsworth, Councillor

    A motion was made to defer the application and return to PAC with a revised Site Plan.

    VotersForAgainstAbstainConflict En
    Syd Gardiner, CouncillorX
    Glen Grant, CouncillorX
    Claude McIntosh, CouncillorX
    Justin Towndale, CouncillorX
    Dean Hollingsworth, CouncillorX
    Amanda BrissonX
    Ronald SymingtonX
    Denis Carr, CouncillorX
    Results6110
    Motion Carried (6 to 1)
  1. Removal of a Hold (H) provision at 1300 Marleau Avenue, Cornwall, 2022-108-Planning, Development and Recreation

Development Planner Alex Gatien provided a brief presentation on this application to remove the Hold (H) category on the subject parcel located on the northern portion of 1300 Marleau Avenue.  The lands are are now part of 1300 Marleau Avenue.  The parcel is currently zoned Employment Area Light-1 (H), and the proposed Zoning By-law amendment is to remove the Hold designation and rezone the property to Employment Area Light.  A Hold was placed on the property with two possible conditions for removal; that the parcel be merged with 1300 Marleau Avenue to provide it with road access to Marleau, OR that a road be constructed to provide the parcel with road access.  He is recommending that the Hold removal be approved on this portion of the lands since the first of the two conditions has been fulfilled.


Hearing no further questions from either the public or PAC Members, the Chair asked that a motion be made.

  1. **Deferred** Marleau Lots Development - Draft Plan of Subdivision and Associated Zoning By-law Amendment – Site-Specific Exceptions, 2022-122-Planning, Development and Recreation

Senior Planner, Lindsay Parisien provided a brief update on this deferred public meeting item which consists of a proposed Draft Plan of Subdivision (Marleau Lots) and an accompanying Zoning By-law amendment to permit site-specific exceptions for rear yard setbacks on subject lands located south of Marleau Avenue, east of Nick Kaneb Drive, west of Campbell Street and north of Hamilton Crescent.  The proposed development will consist of 20 residential lots totaling 46 residential dwelling units offered through a variety of housing types.   She advised that the application was submitted before the deadline date, however upon review, it was deemed incomplete as certain required planning studies and drawings were missing.  In order to accommodate planning timelines, a notice was circulated to city staff, and external agencies. However, during the review period a concern was raised regarding the proposed reduction in rear yard setbacks for specific lots which could not be fully supported without further study and review.  As a result, additional time was requested by staff and commenting agencies to be able to evaluate the revised report and comment on the anticipated changes.  Therefore, Planning staff decided to defer the application and bring it forth at the next PAC meeting to be held on Monday, August 15th, 2022. Revised set of drawings and studies have now been received, and will be re-circulated to city staff and outside agencies for final comments and feedback.


Chair/Mayor Glen Grant asked if there were any questions from the public.  Hearing none, he asked if there were any questions from PAC Members.  Hearing no further questions, the Chair advised that no motion was required as the item had been deferred.

  1. 1424 Aubin Avenue – ZBL Amendment, 2022-109-Planning, Development and Recreation

Development Planner Alex Gatien provided an overview of this application to rezone the subject lands municipally known as 1424 Aubin Avenue from Residential 20 to Residential 20-11 with site-specific exceptions to permit the adaptive re-use of an existing school building to accommodate institutional and fitness/recreation uses.  A Phase I ESA for the site did not see any potential environmental concerns. Overall, the proposed uses are like what could be found in a Community Centre, which is a permitted use in a Residential 20 Zone.  The major difference is that the fitness and recreation uses are operated as commercial businesses, whereas Community Centres must be operated by a non-profit or public sector body as per the Zoning By-law definition.  “Inspire” is a non-profit organization and would be characterized as a small Institutional use. The applicant initially proposed a site-specific definition of Community Centre, but as there are no site-specific definitions of already defined terms.  Planning feels describing the permitted uses is more appropriate. The City’s Official Plan includes several policies that support this application. Except for the south side of the building, setbacks from property lines are quite generous.  Planning does recognize that the site is deficient for setbacks for parking areas and access aisles.  Additional screening can be required as part of the Site Plan Control process.  A site-specific exception to Residential 20 is better suited to limiting the types of commercial uses that are broadly comparable to what would be found in a Community Centre, which is a permitted use in all residential zones. Site-specific Residential 20 zoning would also allow a future conversion of the site to housing. The city of Cornwall has numerous examples of former school buildings that have been repurposed for a variety of uses, e.g. Le Centre Charles-Emile Claude,  however, not all school buildings are well-suited to residential conversion.  Planning staff met with one neighbouring resident who presented a memorandum and a petition signed by 35 residents opposing the proposed Rezoning. This resident was not inherently opposed to new uses in the former school building, but wishes to see changes to the parking layout and additional screening measures. Despite the petition, this was the only direct contact Planning staff had with residents regarding the proposed rezoning.  Planning staff met with the applicant and their agents on Friday, July 15th, who expressed a willingness to implement additional screening measures if required, and changes to operations to minimize any noise from the new uses.


Planning recommends that PAC approve the site-specific Zoning-Bylaw Amendment for the subject lands as it represents the suitable reuse of an existing school building as it generally, meets the criteria for the introduction of commercial uses in residential areas, with some flexibility being required as it is an existing building.  It also represents the introduction of a small institutional use to a Residential zone, which is supported by the Official Plan policies.  The development repurposes a former school building to include uses that are comparable to the uses that would be found in a Community Centre.  The Site Plan Control process has already begun, and drawings can be easily changed to incorporate additional screening or changes to site layout as required.  He concluded that if more information or modified site plan drawings are required, it is possible to defer the application to the next PAC meeting of Monday, August 15th, 2022, however, modified site plan drawings could be provided without deferring the item.


Chair/Mayor Glen Grant advised that before going to questions, two more presentations would be offered to provide additional information.  He invited Associate Manager of Planning with IBI Group, Tess Gilchrist to join the meeting.


Tess Gilchrist along with Transportation Engineer, Eric McCleren, joined the meeting virtually.  Tess Gilchrist provided an overview of the application. Joining her as well, and attending in person to answer questions were, Christian Mercier, Director of Desaulnier’s Construction, as well as the property owners. 


Following city staff discussions, comments received by exterior agencies, and feedback from residents, Tess Gilchrist advised there are a few items that could be revised in the Site Plan. Two items noted were implications relating to noise and headlight glares.   To mitigate those concerns, they are willing to implement additional measures such as installing air conditioning units to keep the windows closed, and introducing privacy fencing along the southwest portion of the property.  She added that no external modifications to the existing building are proposed in terms of additions or construction.  This is mainly about the reconfiguration of the existing asphalt area to improve the parking at the rear of the building to ensure site circulation is fluid and sufficient on the property, and clearly marking the parking spaces so people coming to the site will be able to easily navigate.  The traffic impact study included in their submission reflected that the development is expected to have an average impact on the neighbouring residents, as the appointments will generally be spread across the day versus mornings and afternoons.  “Inspire”, is a non-profit agency that will occupy the building and serve individuals and families in the city of Cornwall and the counties of SD&G.  The remaining spaces are anticipated to be leased by a range of tenants including fitness, dance, and martial arts studios, and basketball club.  She reiterated that the proposed conversion of the school is consistent with the Provincial Policy Statement (PPS) and the policies of the Official Plan, introducing a complete community support use in an existing former school building, utilizing current municipal infrastructure, and efficiently repurposing an underutilized parcel in the area.  The proposed uses will contribute to a healthy, sustainable community and a stronger network of social services within the city.  


Mr. Normand Vachon of 103 Fourteenth Street West, provided a presentation and memorandum listing the following concerns:  Change of activities, change of clientele (going from children to teens and adults), change in scheduled activities going from mornings and afternoons to days, evenings and early mornings and weekends, displacement of parking spaces in the backyards of residents, increased traffic in the neighbourhood, increased noise especially in the summer, light pollution from vehicle headlights in residences adjacent to the parking spaces, odour pollution from vehicles, status of zoning changes during school closures, amendment in neighbourhood zoning, and impact on residents with respect to their mental and physical health.


Chair/Mayor Glen Grant asked if there were any questions from the public, and hearing none, he asked if there were any questions from PAC.


Councillor Syd Gardiner asked if directional lighting is being proposed to mitigate any lighting issues affecting neighboring residences. 


Development Planner, Alex Gatien replied that lighting concerns will be addressed during the site plan process.


Councillor Claude McIntosh stated that Mr. Vachon raised valid points and asked whether actual changes could be listed at this time to address the concerns raised by the residents in the neighbourhood.


Development Planner, Alex Gatien replied that the introduction of privacy screening and wood fencing were suggested changes, as well as changes to the parking lot (not to eliminate parking spaces but relocate spaces elsewhere).


Councillor Claude McIntosh made a motion to defer the application to allow more time for the owners to meet with the residents and come back with actual implemented changes addressing their concerns.   


Chair/Mayor Glen Grant requested that Councillor McIntosh hold off on the deferral motion until all questions were provided.


Councillor Dean Hollingsworth advised that he agreed with Councillor McIntosh.  He asked whether converting former school buildings into residential apartments is the only other logical option.


PAC Secretary Mark Boileau pointed out that the Residential 20 zoning is predominantly residential development and that is usually the case, however, this zoning does permit a community centre with similar activities being proposed.  The difference is that rather than being a non-for-profit organization, they are a business.  Le Centre Charles Emile Claude and Saint Francis schools are good examples where this activity has occurred in a residential neighbourhood. The city has a building that is significant and a developer who is readily available to work with the residents in that neighbourhood, and that is where the focus should be placed.  He advised that other alternative permitted uses in the zoning won’t necessarily be better than what is being proposed.


Christian Mercier added that regarding the building use and whether it is residential or another type of use, the goal for this development is to repurpose the space.  Costs of construction have dramatically increased since the pandemic, and the owners want to minimize those costs while potentially maximizing the benefits to the community. 


Lay Member Amanda Brisson added that commentary from Fire Services requesting that the parking be revisited to maintain minimal parking in front of the building was important to her.   She added that this project needs to go back to the team to find better solutions and that despite some issues needing to be worked out, it is a great development.   


Lay Member Ron Symington added that several concerns were also received from Municipal Services.  He asked whether those would be dealt with through Site Plan Control, or would they be dealt with before the application is approved. 


PAC Secretary Mark Boileau confirmed that those concerns would be dealt through the Site Plan control.


Tess Gilchrist stated that she appreciated the presentation made by the resident and advised that parking and traffic issues being experienced are mainly due to the site not yet being formalized to clearly indicate parking spaces.  The other matter is how the zoning relates to the Site Plan application.  The site specific zone permits the uses being proposed.  She agreed that there are a number of items that need to be reviewed, which relate to the Site Plan that can be further addressed with the neighbours and city staff.  She requested that PAC make the recommendation to Council, where Council will be presented with a revised Site Plan explaining what has been addressed in correlation with the neighbourhood's concerns.  No decisions would be made until everyone was satisfied with the Site Plan.  She stated that the Site Plan would not be coming back to PAC and would be dealt with through city staff's planning authority.  


PAC Secretary Mark Boileau advised that the Planning Division would work with the neighborhood and proponent on a Site Plan that is agreeable, however, in the event where the neighborhood isn't happy with the Site Plan, they would not have an opportunity to speak again at Council.


At this time, Chair/Mayor Glen Grant asked for show of hands whether to approve or defer the application.

  • That Planning Advisory Committee (PAC) recommend for approval the request for funding as presented to CPPEG on July 11th, 2022 for 37 Cumberland Street.

  • Moved By:Denis Carr, Councillor
    Seconded By:Amanda Brisson

    That the Planning Advisory & Hearing Committee approve the CPPEG recommendation as presented:

    1. Markell Property Management Ltd. at 37 Cumberland for Brownfield funding
    1. Program 2 Environmental Site Assessment (ESA) Grant in the amount of $15,000
    2. Project Feasibility Grant in the amount of $7,500
    3. Program 4 Municipal Planning/Development Fees Grant based on actual costs of associated fees.
    Motion Carried
  • That Planning Advisory Committee (PAC) receive the information of the Final Findings Report by MGCS.

  • Moved By:Amanda Brisson
    Seconded By:Ronald Symington
    Motion Carried

The next scheduled PAC meeting will be held on Monday, August 15th, 2022, or at the call of the Chair.

  • Moved By:Amanda Brisson
    Seconded By:Justin Towndale, Councillor

    Motion to adjourn the meeting at 8:35 p.m.

    Motion Carried

14.

 

Any PAC recommendations resulting from this meeting will be considered at the Monday, August 8th, 2022, Meeting of Council.  The Clerk's Department may be contacted at 613-932-6252 to verify that the report and resultant documents to which you have an interest are included in the agenda of the above date.