TOWNSHIP OF WEST LINCOLN
PLANNING/BUILDING/ENVIRONMENTAL
COMMITTEE AGENDA

MEETING NO. SEVEN

Monday, September 11, 2023 at 6:30 P.m. - 8:30 P.m.

Township Administration Building

318 Canborough Street, Smithville, Ontario

NOTE TO MEMBERS OF THE PUBLIC: All Cell Phones, Pagers and/or PDAs to be turned off. Members of the public who are attending and participating virtually are reminded to keep their microphones muted until they are acknowledged to speak. Additionally, for your information, please be advised that this meeting will be livestreamed as well as recorded and will be available on the Township's website.

---

1.

CHAIR - Councillor William Reilly

Prior to commencing with the Planning/Building/Environmental Committee meeting agenda, Chair Reilly will provide the following announcements:

1. Comments can be made from members of the public for a matter that is on the agenda by advising the Chair during the "Request to Address an Item on the Agenda" Section of the agenda.
2. The public may submit written comments for matters that are on the agenda to [email protected] before 4:30 pm on the day of the meeting. Comments submitted will be considered as public information and will be read into the public record.
3. This meeting will be livestreamed as well as recorded and available on the Township’s website.

2.

LAND ACKNOWLEDGEMENT STATEMENT

The Township of West Lincoln, being part of Niagara Region is situated on treaty land. This land is steeped in the rich history of the First Nations such as the Hatiwendaronk (Hat-i-wen-DA-ronk), the Haudenosaunee (Hoe-den-no-SHOW-nee), and the Anishinaabe (Ah-nish-ih-NAH-bey), including the Mississaugas of the Credit First Nation. There are many First Nations, Métis, and Inuit people from across Turtle Island that live and work in Niagara today. The Township of West Lincoln, as part of the Regional Municipality of Niagara, stands with all Indigenous people, past and present, in promoting the wise stewardship of the lands on which we live.

3.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

4.

PUBLIC MEETING(S)

4.1

Zoning Bylaw Amendment - Henry and Lisa Van Ryn - 8248 Concession 3 Road

Re:  An application for a Zoning Bylaw Amendment has been submitted by Henry and Lisa Van Ryn for the property municipally known as 8248 Concession 3 Road and on behalf of the owners (Doug and Rita Lampman) of 8214 Concession 3 Road. Both properties are located on the south side of Concession 3 Road, south east of the Hamlet of Caistor Centre, west of Smithville Road/Regional Road 14, municipally known as 8214 and 8248 Concession 3 Road (File No. 1601-006-23).

5.

CHANGE IN ORDER OF ITEMS ON AGENDA

6.

APPOINTMENTS

6.1

ITEM P59-23

Nancy Neville and Gord Szaszi
Re:  Waiving of Development Fees for Legion Villa
POWERPOINT PRESENTATION

• RECOMMENDATION:
  1. That, the presentation made by Nancy Neville and Gord Szaszi regarding a request to waive the fees for the new development for the Legion Villa be received; and,
  2. That, the correspondence as outlined above be referred to staff to present a recommendation report at a future Planning/Building/Environmental Committee Meeting.

6.2

ITEM P60-23

Dora Pavlidis
Re:  Backyard Chickens in Residential Zones

7.

REQUEST TO ADDRESS ITEMS ON THE AGENDA

NOTE:  Section 10.13 (5) & (6) – General Rules
One (1) hour in total shall be allocated for this section of the agenda and each individual person shall only be provided with five (5) minutes to address their issue (some exceptions apply).  A response may not be provided and the matter may be referred to staff.  A person who wishes to discuss a planning application or a matter that can be appealed, will be permitted to speak for ten (10) minutes.

Chair to inquire if there are any members of the public present who wish to address any items on the Planning/Building/Environmental Committee agenda.

8.

CONSENT AGENDA ITEMS

All items listed below are considered to be routine and non-controversial and can be approved by one resolution. There will be no separate discussion of these items unless a Council Member requests it, in which case the item will be removed from the consent resolution and considered immediately following adoption of the remaining consent agenda items. 

8.1

ITEM P61-23

CONSENT AGENDA ITEMS

• RECOMMENDATION:

  That the Planning/Building/Environmental Committee hereby approve the following Consent Agenda items:

  1. Items 1, and 2 be and are hereby received for information; and,
  2. Item 3 be and is hereby received and the recommendation contained therein be approved.

  with the exception of Item no.(s)____________________.

1.

Information Report PD-44-2023 – 2022 Building Department Annual Budget Report

2.

Information Report PD-48-2023 - Housekeeping Amendment No.7

3.

Recommendation ReportPD-45-2023 – Removal of 1995 Development Agreement from Title of Pt Lot 31, Conc 6, Former Township of Gainsborough, now the Township of West Lincoln

9.

COMMUNICATIONS

10.

STAFF REPORTS

10.1

ITEM P62-23

Senior Planner (Susan Smyth), Manager of Planning (Dave Heyworth) & Director of Building and Planning (Brian Treble)
Re:  Recommendation Report PD-42-2023 – Application for Zoning Bylaw Amendment for 8214 and 8248 Concession 3 Road (File No. 1601-06-23)

• RECOMMENDATION:
  1. That, Recommendation Report PD-42-2023, regarding “Application for Zoning Bylaw Amendment for 8214 and 8248 Concession 3 Road (File No. 1601-06-23)”, dated September 11, 2023, be received; and,
  2. That, the application for Zoning Bylaw Amendment submitted by Henry and Lisa Van Ryn owners of 8248 Concession 3 Road, and Doug and Rita Lampman owners of 8214 Concession 3 Road, be approved in accordance with the attached Amending Zoning By-law with the site-specific regulations; and,
  3. That, no further public meeting is required for the consideration of this by-law in accordance with Section 34(17) of the Planning Act.

10.2

ITEM P63-23

By-law Enforcement Officer (Jesse Paul) & Director of Building and Planning (Brian Treble)
Re:  Recommendation Report PD-46-2023 – Amendment to Accessible Parking By-Law

• RECOMMENDATION:
  1. That, Recommendation Report PD-46-2023, regarding “Amendment to Accessible Parking By-Law”, dated September 11, 2023 be received; and,
  2. That, the Accessible Parking By-law, 97-2020, as amended, be further amended by deleting and replacing the definition of an accessible parking space as listed in the Draft Amending By-law, as found at Attachment 1 to this report.

10.3

ITEM P64-23

Director of Building and Planning (Brian Treble)
Re:  Recommendation Report PD-47-2023 - 167 St. Catharine Street Draft Plan of Condominium Extension Approval - 1 Year File No. 2100-086-17

• RECOMMENDATION:
  1. That, report PD-47-2023, regarding “Recommendation Report, 167 St. Catharine Street Draft Plan of Condominium Extension Approval, File No. 2100-086-17” dated September 11, 2023, be received; and,
  2. That, the Draft Plan approval for 167 St. Catharine Street BE EXTENDED for a period of one year, to expire on May 25, 2024, subject to the conditions found at Attachment 2 to this report; and,
  3. That, a notice of extension be circulated to relevant agencies and departments.

11.

OTHER BUSINESS

11.1

ITEM P65-23

Members of Committee
Re: Other Business Matters of an Informative Nature

12.

NEW BUSINESS

NOTE: Only for items that require immediate attention/direction and must first approve a motion to introduce a new item of business (Motion Required).

13.

CONFIDENTIAL MATTERS

• RECOMMENDATION:

  That, the next portion of this meeting be closed to the public to consider the following pursuant to Section 239(2) of the Municipal Act 2001:

  13.1 Director of Building and Planning (Brian Treble)
  Re:  Legal/Solicitor-Client Privilege - Ontario Land Tribunal (OLT) - Helen Kszan (File No.22-00280)
  VERBAL UPDATE
  Applicable closed session exemption(s):

  • Advice that is subject to Solicitor-Client Privilege, including communications necessary for that purpose; and,
  • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

  13.2  Director of Planning and Building (Brian Treble)
  Re: Legal/Solicitor-Client Privilege - Ontario Land Tribunal (OLT) - Official Plan Amendment (OPA) 63
  VERBAL UPDATE

  Applicable closed session exemption(s):

  • Advice that is subject to Solicitor-Client Privilege, including communications necessary for that purpose; and,
  • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

  13.3  Director of Planning & Building (Brian Treble)
  Re:  Property Matter/By-law Enforcement Matter - South Grimsby Road Property Matter
  VERBAL UPDATE

  Applicable closed session exemption(s):

  • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
  • personal matters about an identifiable individual, including municipal or local board employees

  13.4 By-Law Enforcement Officer (Jesse Paul) & Director of Planning and Building (Brian Treble)
  Re:  Legal/Enforcement Matters - Quarterly By-Law Update
  VERBAL UPDATE

  Applicable closed session exemption(s):

  • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
  • personal matters about an identifiable individual, including municipal or local board employees
• RECOMMENDATION:

  That, this Committee meeting does now resume in open session at the hour of _________.

13.1

ITEM P66-23

Director of Building and Planning (Brian Treble)
Re:  Legal/Solicitor-Client Privilege - Ontario Land Tribunal (OLT) - Helen Kszan (File No.22-00280)
VERBAL UPDATE

13.2

ITEM P67-23

Director of Planning and Building (Brian Treble)
Re: Legal/Solicitor-Client Privilege - Ontario Land Tribunal (OLT) - Official Plan Amendment (OPA) 63
VERBAL UPDATE

13.3

ITEM P68-23

Director of Planning & Building (Brian Treble)
Re:  Property Matter/By-law Enforcement Matter - South Grimsby Road Property Matter
VERBAL UPDATE

13.4

ITEM P69-23

By-Law Enforcement Officer (Jesse Paul) & Director of Planning and Building (Brian Treble)
Re:  Legal/Enforcement Matters - Quarterly By-Law Update
VERBAL UPDATE

14.

ADJOURNMENT