TOWNSHIP OF WEST LINCOLN
PLANNING/BUILDING/ENVIRONMENTAL
COMMITTEE AGENDA 

MEETING NO. SIX

Monday, June 13, 2022 at 6:30 P.m. - 7:30 P.m.

Township Administration Building

318 Canborough Street, Smithville, Ontario

**NOTE TO MEMBERS OF THE PUBLIC:
Due to efforts to contain the spread of COVID-19 and to protect all individuals, the Council Chamber will not be open to the public to attend Council meetings until further notice.
**Submission of Public Comments/Virtual Attendance:
The public may submit comments for matters that are on the agenda, or request to attend the virtual meeting as "Attendees" by emailing [e-mail] by June 13, 2022 before 4:30 pm. Email comments submitted will be considered as public information and read into the public record. Those who wish to observe the meeting may view the meetings livestream which can be found on the Council and Committee Calendar on the Township’s website.

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1.

CHAIR

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

• Due to efforts to contain the spread of COVID-19 and to protect all individuals, the Council Chamber will not be open to the public to attend Standing Committee and Council meetings until further notice.
• The public may submit comments for matters that are on the agenda to [e-mail] before 4:30 p.m. on the day of the meeting. Comments submitted will be considered as public information and will be read into the public record.
• This meeting will be livestreamed and 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-ee), 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 By-law Amendment - Township of West Lincoln Housekeeping Amendments No. 6

Re:  The Township of West Lincoln is undertaking amendments to the Township Zoning By-law 2017, as amended, under the proposed Housekeeping Amendments No. 6 (File No. 1601-003-22).

4.2

Zoning By-law Amendment - 3976 Regional Road 20 (B & A Heaslip Farms Ltd.)

Re:  Zoning By-law Amendment has been submitted by Ben and Pam Heaslip on behalf of B & A Heaslip Farms Ltd. for the property municipally known as 3976 Regional Road 20.

4.3

Zoning By-law Amendment - 7330 Concession 3 Road (Jonathan and Crystal Sikkens)

Re:  Zoning By-law Amendment has been submitted by Jonathan and Crystal Sikkens for the property municipally known as 7330 Concession 3 Road.

5.

CHANGE IN ORDER OF ITEMS ON AGENDA

6.

APPOINTMENTS

There are no appointments. 

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 P55-22

CONSENT AGENDA ITEMS

• RECOMMENDATION:

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

  1. Items 1, 2 and 3 be and are hereby received for information; and, 
  2. Item 4 be and is hereby received and that the recommendations contained therein be adopted
     with exception of Item No.(s) _______________.

1.

Technical Report - PD-59-2022 - Zoning By-law Amendment Application Jonathan and Crystal Sikkens – 7330 Concession 3 Road (File No. 1601-008-22)

• RECOMMENDATION:

2.

Technical Report - PD-55-2022– Comprehensive Zoning By-law 2017-70, as amended, Housekeeping Amendments No. 6 (File No. 1601-03-22)

• RECOMMENDATION:

3.

Technical Report PD-60-2022 – Zoning Bylaw Amendment – B & A Heaslip Farms Ltd. – 3976 Regional Road 20 (File No. 1601-006-22 & 1601-007-22)

• RECOMMENDATION:

4.

Recommendation Report - PD-63-2022 - Amendment to Parking By-law 89-2000

• RECOMMENDATION:

9.

COMMUNICATIONS

10.

STAFF REPORTS

10.1

ITEM P56-22

Director of Planning & Building (Brian Treble)
Re:  Information Report - PD-62-2022 - Efforts to Commence Township of West Lincoln Official Plan 5 Year Review

• RECOMMENDATION:
  1. That, Information Report No. PD-62-2022, regarding the “Efforts to Commence Township of West Lincoln Official Plan 5 Year Review”, dated June 13th, 2022, be received for information purposes.

10.2

ITEM-57-22

Planner II (Gerrit Boerema) & Director of Planning & Building (Brian Treble)
Re:  Recommendation Report - PD-54-2022 - DeHaan Homes Inc., Crossings on the Twenty South Site Plan Amendment and Condition Clearance (File No. 2100-008-21 (Site Plan)) (File No. 2000-072-08 (Condo)) 

• RECOMMENDATION:
  1. That Report PD-54-2022, regarding “Recommendation Report Crossings on the Twenty South Site Plan Amendment and Condition Clearance File No. 2100-008-21 (Site Plan) File No. 2000-072-08 (Condominium)” dated June 13, 2022, be received; and,
  2. That, the Mayor and Clerk be authorized to enter into an Amending Site Plan Agreement with DeHaan Homes Inc. and any mortgagees once the Amending Site Plan Agreement and associated schedules are finalized to the satisfaction of the Director of Planning and Building; and
  3. That, Condition No. 3b. of the Crossings on the Twenty South Community Draft Plan of Condominium be deemed to be cleared following the signing, registration of the Amending Site Plan Agreement and submission of security to the Township of West Lincoln.

10.3

ITEM-58-22

Planner II (Gerrit Boerema) & Director of Planning & Building (Brian Treble)
Re:  Recommendation Report - PD-58-2022 - Housekeeping Amendments No. 7 Residential Zone Regulations

• RECOMMENDATION:
  1. That Report PD-58-2022, regarding “Recommendation Report, Housekeeping Amendments No. 7, Residential Zone Regulations”, dated June 13, 2022 be received; and
  2. That, Township staff be authorized commence a Township initiated Zoning By-law amendment process, including a public consultation process and public meeting, and to obtain a consultant to review and recommend changes to the Township’s Zoning By-law, Residential Zone Regulations.

10.4

ITEM-59-22

Planner II (Madyson Etzl) & Director of Planning & Building (Brian Treble)
Re:  Recommendation Report - PD-03-2022 - Zoning Bylaw Amendment – JCT Services – Eldon Darbyson (Agent) Joe Dilluio (Owner)

• RECOMMENDATION:
  1. That, Recommendation Report PD-003-2022, regarding “Zoning Bylaw Amendment – JCT Services – 7005 Concession 4 Road, File No. 1601-014-21” Dated May 9th 2022, be RECEIVED; and,
  2. That, an application for Zoning By-law Amendment 1601-014-21 submitted by Eldon Darbyson (Agent) on behalf of Joe Dilluio (Owner), be amended and approved in accordance with the attached amending by-law; and,
  3. That, no further public meeting is required for the consideration of this by-law in accordance with Section 34(17) if the Planning Act; and,
  4. That a draft by-law as found at Attachment No. 1 to this report is supported by Township staff and can be approved; and,
  5. That an authorizing bylaw be passed at council to authorize the Mayor and Clerk to enter into a Development Agreement that will implement the approved Zoning By-law amendment which will regulate the scale of the use and will require the return of previous areas of the property to agricultural use.

10.5

ITEM-60-22

Planner II (Gerrit Boerema) & Director of Planning & Building (Brian Treble)
Re:  Recommendation Report - PD-56-2022 - Silverdale Sports Centre Ltd. – 4944 Concession 4 Road Zoning Bylaw Amendment and Site Plan Authorization (File No. 1601-019-19 & 2100-018-19)

• RECOMMENDATION:
  1. That, Report PD-56-2022 “Recommendation Report, Silverdale Sports Centre Ltd. – 4944 Concession 4 Road Zoning Bylaw Amendment and Site Plan Authorization. File No. 1601-019-19 & 2100-018-19” dated June 13, 2022, BE RECEIVED; and,
  2. That, Section 34(17) of the Planning Act apply and that no further public meeting is required; and,
  3. That, an application for Zoning By-law Amendment 1601-019-19, submitted by Silverdale Sports Centre be approved subject to a Holding provision and modifications to the environmental zones; and,
  4. That, staff be authorized to circulate the Notice of Decision for the zoning By-law Amendment with the corresponding 20-day appeal period; and,
  5. That, Committee and Council authorize the Mayor and Clerk to enter into a site plan agreement with Silverdale Sports Center and Joan Miller, and any mortgagees, once all site plan details have been worked out to the satisfaction of the Director of Planning and Building and that an authorizing bylaw be presented to Council to authorize the signing of the agreement.

10.6

ITEM-61-22

Planner II (Gerrit Boerema) & Director of Planning & Building (Brian Treble)
Re:  Recommendation Report - PD-57-2022 - Development Agreement Authorization - Giro Estates 5482 Twenty Mile Road (File No. 2100-015-21)

• RECOMMENDATION:
  1. That, Report PD-57-2022 “Recommendation Report, Development Agreement Authorization Giro Estates 5482 Twenty Mile Road, File No. 2100-015-21” dated June 13, 2022, BE RECEIVED; and,
  2. That, Committee and Council authorize the Mayor and Clerk to enter into a development agreement with Albino Giro, Marcus Bruno Giro, Stephan Lino Giro, Nathan Joseph Giro-Norton, Palmira Giro-Norton, Anthony Daniel Giro-Norton, and any mortgagees, once all development details have been worked out to the satisfaction of the Director of Planning and Building.

10.7

ITEM-62-22

Director of Planning & Building (Brian Treble)
Re:  Recommendation Report - PD-61-2022 - External Assistance to become Compliant with Bill 109

• RECOMMENDATION:
  1. That, Report PD-61-2022, regarding “Recommendation Report – Recommendation Report – External Assistance to become Compliant with Bill 109”, dated June 13^th, 2022, be RECEIVED; and,
  2. That, staff be authorized to utilize the services of MHBC Planning to assist with Bill 109 compliance.

11.

OTHER BUSINESS

11.1

ITEM P63-22

Director of Planning & Building (Brian Treble)
Re:  Helen Kszan, Ontario Land Tribunal (OLT) Update
VERBAL UPDATE

• RECOMMENDATION:
  1. That, Committee and Council hereby confirm that Dan Currie of MHBC Planning and Hugh Fraser of OTB Farm Solutions be hired, if required, to represent the Township on the decision of the Township Committee of Adjustment relating to File A5-2017WL (Kszan) as before the Provincial Appeal body, Ontario Land Tribunal (OLT) through File No. OLT-21-002806 (previously PL170547).

11.2

ITEM P64-22

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 Planning & Building (Brian Treble)
  Re: Legal/Solicitor-Client Privilege - Peter Budd - Ontario Land Tribunal (OLT)
  VERBAL UPDATE
  Applicable closed session exemption(s):

  • Litigation or potential litigation, including matters before administrative
    tribunals, affecting the municipality or local board;
  • The security of the property of the municipality or local board;
  • Advice that is subject to Solicitor-client privilege, including communications necessary for that purpose

  13.2 Director of Planning & Building (Brian Treble)
  Re:  Legal/Solicitor-Client Privilege/Property Sale Matter - Sale of Lands in former Gainsborough Township
  VERBAL UPDATE
  Applicable closed session exemption(s):

  • The security of the property of the municipality;
  • Personal matters about an identifiable individual, including municipal employees;
  • Advice that is subject to Solicitor-client privilege, including communications necessary for that purpose.
• RECOMMENDATION:

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

13.1

ITEM P65-22

Director of Planning & Building (Brian Treble)
Re: Legal/Solicitor-Client Privilege - Peter Budd - Ontario Land Tribunal (OLT) Appeal
VERBAL UPDATE

• RECOMMENDATION:

  That, staff be and are hereby authorized to proceed as directed in closed session.

13.2

ITEM P66-22

Director of Planning & Building (Brian Treble)
Re: Legal/Solicitor-Client Privilege/Property Sale Matter - Sale of Lands in former Gainsborough Township
VERBAL UPDATE

• RECOMMENDATION:

  That, staff be and are hereby authorized to proceed as directed in closed session.

14.

ADJOURNMENT