by Sylene Argent
Essex asked to provide comments on CWATS update
Diana Radulescu, Active Transportation Coordinator for the County of Essex, updated Essex Council on the County-Wide Active Transportation System (CWATS) Master Plan.
CWATS connects all seven municipalities and is the main way the County and regional municipalities champion safe, active transportation, create community connections, encourage healthy living, and contribute to economic development and tourism.
It was explained the first CWATS Master Plan was developed in 2012 to guide the County, its local municipalities, and partners in implementing a County-wide network of active transportation routes to encourage healthy, active living and to enhance regional recreational opportunities over a twenty-year period. It is based on three pillars: policies, networks, and programs. It provides design guidance for implementing the proposed 800km network.
Since 2012, Essex has built 41.7kms of active transportation infrastructure.
“We have found the number of cyclists has doubled since we started counting [in 2015],” Radulescu said, adding there has also been an increase in noticing helmet usage, which to her means their informational programming is working.
CWATS is a municipality-led process, where a municipality will typically submit an application every year to build parts of the network, based on their budget and priorities. A cost-sharing mechanism is applied.
After receiving applications from the regional municipalities, they are reviewed at the County-level and the CWATS Committee votes on them.
The Municipal Partnership program has an annual budget of $100,000. It is a 50/50 split between the County and municipalities. It supports programs and infrastructure facilities.
Currently, the CWATS Master Plan is being updated to reflect new provincial design standards and guidelines, Radulescu explained.
She said they are looking to finalize the proposed network. The proposed changes in new routes and revised facilities amounts to 54.6km of proposed CWATS routes in Essex alone. Due to updated design guidelines, there have been some changes to the proposed routes in the 2012 Master Plan, and Essex’s feedback is being sought on those changes.
Ultimately, she said CWATS is a town-led process and there is flexibility in application, based on the municipality’s annual priorities and collaboration with the County.
She asked the Town to comment on the changes within the next 30-days. After reviewing comments, Radulescu said the plan is to return to Council with the new draft of the Master Plan for approval.
Councillor Kim Verbeek said she is happy with the Master Plan. There are parts of the project that she is particularly looking forward to that are planned within the next ten-years, and wondered if there was room to move them from the long-term to within the next five-years, and wondered how she could put those requests through.
She was urged to bring her comments about the phasing forward to Essex’s reps on the CWATS Committee.
Councillor Steve Bjorkman said he is happy to see County Road 50’s extension in the next five-years. “It is such an important connector for us,” he said.
Mayor Larry Snively added people are excited to see the CWATS program move west of Colchester. He said he knows there will be challenges in doing that.
Councillor Chris Vander Doelen said he gets asked regularly about the extension of County Road 50’s lanes. “There’s a high demand for it.”
He asked why there are no bike lanes planned for Walker Road and Arner Townline, which he said cyclists use all the time. Radulescu said comments are welcome and could not answer as to why those two roads were not included, but it is something that could be considered.
Council received the presentation.
Council updated on Colchester Schoolhouse restoration
Perry Basden, President of Heritage Colchester, provided an update on the restoration of the 1881 Colchester Schoolhouse.
He said in mid-June, the Architecture Conservancy of Ontario’s Windsor chapter was invited to attend the Colchester Schoolhouse. It was realized then what an excellent opportunity Heritage Colchester was given in moving forward with the restoration of the building.
Heritage Colchester then put in a request into the head office of the Architecture Conservancy of Ontario’s Toronto Branch to have an inspection of the Schoolhouse completed. Someone did come down, and in mid-August provided an inspection of the property.
Basden said this rep was amazed at how much of the original interior of the building was still intact, as well as its sturdiness and sound condition of its structure.
“Everything seems to be in great shape as far as the actual building and physical shell,” Basden said.
Heritage Colchester was provided with a report of that rep’s findings, as well as suggestions for future use of the building around a month ago. This report will be shared with the Town in the new year, through the Essex Municipal Heritage Committee, as well as Heritage Colchester’s vision for the Colchester Schoolhouse.
Heritage Colchester hosted monthly markets at the Schoolhouse during the summer, and now has around 50 members.
He said it has nearly been a year since he first approached Council about beginning a heritage group to preserve the historic building.
He said Heritage Colchester looks forward to working with the Town on the project and to signing the lease with the Town of Essex for the building.
Mayor Larry Snively asked if there has been an estimate on what it would cost to restore the building, and asked if they have applied for grant money.
Basden said a local construction company provided a rough estimate to get it to an occupancy permit stage, which was over $240,000. Once the lease is signed, the group can get someone in to get a more detailed estimate. As far as applying for grant dollars, Basden said the group can’t do that yet, as two-years of financial documents are required to apply. He said they are looking at opportunities as they come about.
Councillor Sherry Bondy said she is proud of all who are involved with the building as they have brought life back into the Schoolhouse. The markets are the talk of the town, she added.
“I can’t wait to see what the next year brings,” she commented.
Council received the presentation.
Short term rental Policy at Colchester Harbour approved
Essex Council moved that a 50 percent premium for short term rentals and/or those utilizing the slips outside of recreational Harbour operations be added to the current base rate.
In addition, it moved that two short term rental units be permitted to operate per season at the Colchester Harbour, and that the current short term rental operator at the Colchester Harbour be allowed to continue operating in addition to the proposed two short-term operators permitted per season.
This report was to seek support from Council on a process for commercial seasonal rentals that do not relate to fishing and Harbour operations.
In an effort to get seasonal requests done, which the Town typically does in December of each year, the Town is looking to formalize the process. Jake Morassut, Manager of Parks and Facilities, said there has never been a formal process for short term rentals at the Harbour. This will provide a pathway going forward on how to handle complaints and issues, which have been brought forward in the past.
There are three existing short term rentals at the Harbour currently. He said the Town wants to ensure there are two in the future. This is grandfathering in the third, until the situation changes.
The Town is looking to ensure complaints are tracked and addressed in a timely fashion. There were five or six complaints last year that dealt with issues like noise and swimming in the harbour, and were dealt with.
He said the Town is working on a Short Term Rental By-Law for the entire municipality, and this By-Law will apply to the Harbour as well.
In addition, Short term rentals would fall under a new classification on the Colchester Harbour fee schedule being “Commercial Rentals not related to Harbour Operations,” which would incur a 50 percent premium from the base rate. This would apply to existing short term operators renewing their contracts for 2022 and beyond, the Report to Council notes.
Councillor Steve Bjorkman noted these changes give the Town the ability to be able to pull a license if there are issues with non-compliance going forward.
Councillor Sherry Bondy would like there to be more public consultation on the matter. She said this is a good start and this can be altered going forward, if needed.
Council approved revised schedules to By-Laws 1812, 2040, and 1850
Council received Corporate Services report “Schedules to By-Laws 1812, 2040, and 1850,” and approved revising three schedules, with an effective date of January 1, 2022.
The three revised schedules include: Schedule “C” to By-Law Number 1812, being a by-law respecting the maintenance, management, regulation, and control of any cemetery owned by The Corporation of the Town of Essex; Schedule “A” to By-Law Number 2040, being a by-law to establish a schedule of miscellaneous fees and charges; and Schedule “B-1” and “B-2” to By-Law Number 1850, being a by-law for the imposition of Development Charges.
Revisions to rear yard encroachments for porches, decks, and sunrooms approved
Council adopted Bylaw Number 2098, being a By-Law to amend By-Law Number 1037, the Comprehensive Zoning Bylaw for the Town of Essex, to limit the encroachments of decks, porches, and sunrooms into a required rear yard.
The Report to Council noted the required yards dictate the building setbacks from each lot line, namely a required minimum front yard, side yard, and rear yard. Together, they establish the permitted building area within the lot where the main building can be located.
No part of the main building can extend into a required yard unless specifically permitted in the Zoning By-Law. That area, Rita Jabbour, Manager of Planning Services, noted is meant to be for resting and leisure.
On August 23, 2021, Council held a special meeting to consider amendments to the Zoning By-Law, regarding the extensions of decks, porches, and sunrooms into required rear yards.
Amendments were proposed in response to resident complaints about the construction of elevated building extensions of decks, porches, and sunrooms into required rear yards. Those who complained about such instances, Jabbour noted, said it significantly compromised the enjoyment of their own properties.
Peter Valente, a local developer, attended that meeting. Staff was directed to work with him on the matter.
The proposed amendments include continuing to allow a 2.5m encroachment of porches and decks into a rear yard, but limit the height of those structures to a maximum of two-feet; delete provisions allowing any encroachments of sunrooms into a required rear yard; and extend the width of a deck or porch to 12-feet.
The 20-day appeal period will now commence.
Council directs admin to prepare licensing by-law for short term rentals
Council directed Administration to prepare a Zoning By-law amendment to permit one short term rental in a main single detached dwelling in any residential and agricultural zoning district, and in a dwelling unit in any commercial district. Council also directed administration to prepare a licensing by-law for short term rentals.
Rita Jabbour, Manager of Planning Services, noted at the August 23 meeting, Council directed Administration to collect an inventory of short term rentals. She estimated there are 82 short term rental units within the municipality, with the majority in Colchester. There are likely more. The majority are in residential districts.
With the Zoning Amendment and licensing, Jabbour explained the Town can control where and in what buildings short term rentals are permitted to operate, the number of short term rentals permitted, and the licensing will provide contact information with operators.
Licensing is also easily enforced, she said.
She noted a Zoning By-Law Amendment and Licensing By-Law will be prepared for Council consideration within the first few months of the new year. If there are no appeals, these changes will be able to be implemented by the spring.
Councillor Sherry Bondy asked how many would be grandfathered in, in regards to short term rental units currently located in spaces other than the main dwelling unit. She would like to have some public consultation on the matter.
Jabbour noted the Town is not looking to grandfather any currently operated short term rentals, but an operator could approach Council for a Zoning By-Law Amendment for potential allowance. Council could establish a numerical limit, in regards to the Licensing By-Law.
Councillor Vander Doelen said he could see issues with capping the number of short term rentals.
Director of Development Services, Lori Chadwick, said Administration intends to provide the stakeholder engagement list with the proposed zoning regulations and licensing system for some preliminary feedback.
Councillor Joe Garon had concerns with limiting it to one short term rental per dwelling. He said he is aware of one facility that can divide one space into two, with a cap of ten people either way. He did not see a difference, if the space accommodates ten people, whether it came from two separate parties or one.
Removal of Holding Zone Restrictions for
Phase 1 of the Parkland Woods Subdivision approved
Council received the report “Removal of Holding Zone Restrictions for Phase 1 of the Parkland Woods Residential Development” and further approved By-Law 2099, to remove the Holding Zone Restrictions for Phase 1 of the Parkland Woods Subdivision.
The Parkland Woods subdivision is located east of County Road 13. It will be developed in two phases, the Report to Council notes. It adds the first phase will include twenty single-detached dwelling lots and seven semi-detached dwelling lots.
The report notes it is now appropriate to remove the “Holding” restriction for Phase 1, as requested. Removal of Holding zone restrictions will allow for the issuance of building permits to facilitate construction of Phase 1 dwellings.
The holding restriction may be removed when the property is on a Registered Plan of Subdivision; and, when full municipal services are available or if an executed agreement to provide full municipal services are in effect, the Report to Council notes.
Essex receives regional organics program correspondence
Essex Council was presented with correspondence regarding the Food and Organics Waste Management Program from the County of Essex.
It noted that at the October 20 County Council meeting, its reps received the report “Essex-Windsor Solid Waste Authority (EWSWA)-Regional Food and Organics Waste Management Project” and further approved the EWSWA recommendation to present to and obtain comments from all of the County Municipalities relating to desire to participate as part of a regional approach to the Food and Organics Waste Management.
On November 15, Essex Council received a presentation from EWSWA.
Essex Council was asked to provide further comments or provide direction in regards to the program.
Council only received the report.
Essex to send letter to WECHU
Essex Council voted to send a letter to the Windsor Essex County Health Unit, noting it opposes the Letter of Instruction, dated December 5, limiting indoor capacity of bars and restaurants to 50 percent of their total capacity.
As an addition to the agenda, made at the beginning of the council meeting, Councillor Sherry Bondy brought forward the letter.
The resolution notes Windsor-Essex residents are able to cross the border to attend sporting events, restaurants, and concerts without capacity restrictions. In addition, they can attend local sporting events and shop in big box stores without capacity limits. The area also has a high COVID-19 vaccination rate.
These are the businesses checking vaccination records.
“It just doesn’t make sense,” she said.
Businesses are going to be expected to pay back grant loans soon, and are depending on this season to be able to earn funds to do so.
She wanted the letter to be sent to the WECHU, County Council, all local municipalities, MPP Taras Natyshak, and Premier Doug Ford, requesting the Health Unit’s Letter of Instruction be revoked, so local businesses can operate on an equal playing field.
Deputy Mayor Richard Meloche said he was in agreement with the resolution, noting it is unfair to restaurants. He believes there is a small percentage of restaurants causing the problem, however, because they are not following the rules.
“There are some restaurants shooting the rest of the industry in the foot by not doing so,” he said. “I’m putting a plea out there to the restaurants not doing what they are supposed to do, to do what you have been requested to do. Because, those are the ones ruining it for the rest of the industry.”
Councillor Chris Vander Doelen agreed with sending the letter to the WECHU, but disagreed with the Deputy Mayor. “I think these rules are incredibly onerous and go too far, and are [an] outrageous overreach on the part of the Health Unit.”
Councillor Joe Garon thought the resolution was well written and he agrees with it. He said the rules and decisions being made continue to make zero sense.
Mayor Larry Snively said he agrees with the resolution and with the Deputy Mayor. The public wants to see restaurants prosper. He said the virus is out there, quite obviously.
“So, what is the big deal with these restaurants, at the door, checking your vaccine status? I just don’t understand it,” Snively said.
Councillor Kim Verbeek also wanted to support the resolution. She said the capacity limits the WECHU will impose are “an assault on our restaurants right now,” which is a busy season. She appealed to the public to support restaurants by purchasing gift cards, take out, and such.
In a recorded vote, Council passed sending the letter to the WECHU unanimously.
Scouts flag request to celebrate 100-years of scouting in Essex approved
Council supported the request from 3rd Essex Scouting to fly their flag at Town Hall on February 22, 2022 in support of 100-years of scouting in the Town of Essex.
NoM to be considered at the December 20 meeting
Councillor Sherry Bondy will ask Council to have a discussion regarding persistent dog barking and the negative impact it may have on the quality of life for residents of Essex, and how complaints regarding this matter are to be enforced in accordance with the Town of Essex Noise By-Law.