MINUTES

DEVELOPMENT SERVICES PUBLIC MEETING

2008-10-07 - 7:00 p.m.

Council Chamber

Meeting No. 9

All Members of Council

Development Services

Chair:              Councillor J. Webster

Vice-Chair:      Councillor D. Horchik

 

Attendance

Deputy Mayor J. Heath

Regional Councillor J. Jones

Regional Councillor T. Wong

Regional Councillor G. Landon

Councillor V. Burke

Councillor J. Virgilio

Councillor C. Moretti

Councillor J. Webster

Councillor L. Kanapathi

Councillor A. Chiu

 

Regrets

Councillor E. Shapero

Councillor D. Horchik

 

R. Blake, Manager, West District

S. Bordone, Planner

V. Shuttleworth, Director of Planning and Urban Design

A. Tari, Committee Clerk

 

 

The Development Services Public Meeting convened at 7:00 PM in the Council Chamber with Councillor J. Webster in the Chair.

 

 

 

DISCLOSURE OF PECUNIARY INTEREST

 

None disclosed.

 

 

 

 

 

 

 

 

 

 

 

1.         AGS CONSULTANTS LIMITED
            APPLICATION FOR ZONING BY-LAW AMENDMENT
            TO PERMIT THE TEMPORARY OPERATION OF A
            TREE SERVICE BUSINESS AND THE OUTDOOR STORAGE
            OF NEW VEHICLES AT 175 LANGSTAFF ROAD EAST
            (ZA 07 130668) (10.5)

            Report  Attachment

 

Ms. Shuttleworth, Director of Planning and Urban Design, advised the subject of the Public Meeting this date was to consider an application submitted by AGS Consultants Limited for Zoning By-law amendment to permit the temporary operation of a tree service business and the outdoor storage of new vehicles at 175 Langstaff Road East (ZA 07 130668).

 

The Committee Clerk advised that 82 notices were mailed on September 17, 2008, and a Public Meeting sign was posted on September 17, 2008.  No written submissions were received regarding this proposal.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses.  Staff advised that the subject property is situated within the Langstaff Re-development Area.

 

Mr. Michael Montgomery, AGS Consultants, addressed the Committee with respect to the temporary operation of a tree service business and the outdoor storage at 175 Langstaff Road East requesting that the Letter of Credit (which was filed with the Town as part of previous minutes of settlement for other, similar properties) be amended to include this property in place of providing a separate Letter of Credit.

 

Staff confirmed that this request is attainable.

 

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

 

That the report from the Development Services Commission dated June 10, 2008, entitled “Preliminary Report, AGS Consultants Limited, Application for Zoning By-law Amendment to permit the temporary operation of a tree service business and the outdoor storage of new vehicles at 175 Langstaff Road East, ZA 07 130668” be received; and,

 

That the Record of the Public Meeting held on October 7, 2008, with respect to the rezoning application submitted by AGS Consultant Limited to amend By-law 2551, as amended, be received; and,

 

That the application by AGS Consultants Limited to amend By-law 2551, as amended, be approved subject to the following conditions:

 

    1. That the applicant amend the Letter of Credit filed with respect to the previous Minutes of Settlement to include 175 Langstaff Road East;

 

    1. That the applicant covenants and agrees not to apply for an extension of the Temporary Use By-law unless:

 

                                                               i.      An Official Plan Amendment for the redevelopment of the Langstaff area lying east of the CNR right-of-way has not been approved;  or,

                                                             ii.      An application for water and sewer capacity has been made by the applicant and an allocation has not been granted for either water and/or sewer services for the subject lands by the appropriate authority.

 

    1. Except as permitted by any extensions granted pursuant to section 3 (b) above, the applicant shall covenant and agree to discontinue their existing uses within sixty (60) days of the later of the termination of  the three (3) year period granted under the Temporary Use By-laws or any extension thereof.

 

    1. Provided that if the applicant fails to discontinue the existing uses as required by section 3 (c) above, or applies for an extension of the Temporary Use By-law except on the terms and circumstances set out in section 3 (b) above, the Town may, without further recourse or notice, cash the Letters of Credit set out in section 3 (a) above, as liquidated damages, and not as penalty.

 

    1. The applicant covenants and agrees to undertake such improvements to the property as are required by the Town’s Director of Planning and Urban Design to ensure compatibility of uses, appropriate streetscape and maintenance of the lands in an environmentally benign state.  The applicant covenants and agrees that there shall be no major construction or investment by the applicant, so that the applicant will not suffer any undue hardship when required to restore the properties to uses that comply with the zoning by-law, upon expiry of the temporary use by-laws;

 

    1. The applicant acknowledges and agrees that no additional uses other than those applied for in this application (File No. ZA 07 130668) shall be permitted nor are any of the buildings erected on the subject lands to be used for any uses other than the present uses unless approved by Council or the OMB; and further,

 

That the proposed amendment to By-law 2551, as amended, be enacted.

CARRIED

 

 

ADJOURNMENT

 

The Development Services Public Meeting adjourned at the hour of 7:20 PM