TOWNSHIP OF WEST LINCOLN
PLANNING/BUILDING/ENVIRONMENTAL
COMMITTEE AGENDA

MEETING NO. ONE

Monday, January 16, 2023 at 5:45 P.m. - 9:00 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.  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.

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1.

CHAIR - Councillor William Reilly

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

1. The public may submit comments for matters that are on the agenda to [e-mail] 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.
2. This meeting will be livestreamed as well as recorded and available on the Township’s website.

2.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

For confidential matters

3.

CONFIDENTIAL MATTERS

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:

• 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:

  3.1  Director of Planning & Building (Brian Treble)
  Re:  Legal/By-law Enforcement Matter - Confidential Recommendation Report PD-07-2023 - Natural Severance

  Applicable closed session exemption(s):

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

  3.2  Director of Planning & Building (Brian Treble)
  Re:  Property Matter/By-law Enforcement Matter - Smithville Road & Grimsby Mountain Road - Cannabis Enforcement 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

  3.3  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

  3.4 Deputy Clerk (Jessica Dyson)
  Re: Citizen Appointments on Boards & Committees

  Applicable closed session exemption(s):

  • personal matters about an identifiable individual, including municipal or local board employees
• RECOMMENDATION:

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

3.1

ITEM P01-23

Director of Planning & Building (Brian Treble)
Re:  Legal/By-law Enforcement Matter - Confidential Recommendation Report PD-07-2023 - Natural Severance

• RECOMMENDATION:
  1. That, Report PD-07-2023 regarding Confidential Recommendation Report PD-07-2023 – Natural Severance Application, dated January 16, 2023, be RECEIVED; and,
  2. That, such a Township position only relates to North Creek and not to any tributary as found/identified on the subject lands; and,
  3. That, staff be authorized to proceed as directed in closed session.

3.2

ITEM P02-23

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

3.3

ITEM P03-23

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

3.4

ITEM P04-23

Deputy Clerk (Jessica Dyson)
Re:  Citizen Appointments on Boards and Committees

1.

West Lincoln Library Board

The Public Library Board consists of not fewer than five (5) persons (no more than nine (9) persons) appointed by Council one of whom is a member of Council and the remainder being appointed citizens. The Board is responsible for the operation, maintenance and promotion of the Township's library branches pursuant to applicable legislation. A person is qualified to be appointed as a member of a board who is a member of the appointing council or is at least eighteen years old, is a Canadian citizen is a resident of the municipality for which the board is established and is not employed by the board or by the municipality.

Required number of Board Members – No fewer than 5 up to 9 Members (desirable to have 2 representatives from each Ward + 1 Councillor Representative = 7) as per By-law 2008-79 – Qualifications per Section 10 of the Public Library Board Act:
- is at least 18 years old; is a Canadian citizen; is a resident of the municipality; is not employed by the board or by the municipality

• RECOMMENDATION:

  That, the following person(s) be and are hereby appointed to serve on West Lincoln Library Board until their successors are appointed: ...

2.

Age Friendly Advisory Committee

The Township of West Lincoln’s Age Friendly Advisory Committee shall consist of a maximum of twelve (12) voting members. The committee membership will be represented by members at large from the public. The committee will strive to have
representation from JAAC (Joint Accessibility Advisory Committee). Should the committee have representation from the JAAC, disability-related accommodations will be provided including but not limited to transportation to meetings, alternate formats of meeting materials upon request and alternate communication supports upon request (e.g. closed captioning or American Sign Language) as is appropriate to ensure full
participation of persons with disabilities.

Required number of Committee Members - maximum of twelve (12) members.

• RECOMMENDATION:

  That, the following persons be and are hereby appointed to serve on the West Lincoln Age Friendly Advisory Committee (WLAFAC) until their successors are appointed: ...

3.

Committee of Adjustment (Includes Land Division and Property Standards)

The Committee of Adjustment is an independent body appointed by Council under authority granted by the Province through the Planning Act. The Committee consists of five members of the public. The purpose of this committee is to consider minor variances/adjustments to the setback provisions of to the Township of West Lincoln's zoning by-law and grant consent approval for the severance of land for the creation of new lots or for boundary adjustments in accordance with policy. The Committee of
Adjustment/Property Standards Committee consists of not fewer than three (3) members (suggest five (5) members) appointed by Council, for the 4 Year Term of Council (2022 – 2026).

The purpose of the Property Standards Committee is to hear appeals of Property Standards Orders and either confirm, modify, rescind or extend the
time for complying with the order. This order is originally issued by Township By-law Enforcement Staff but can be reviewed by the Committee upon approval.

Required Number of Committee Members – Not fewer than 3 as per Section
44(1) of the Planning Act (suggest 5 as we rotate the use of members and 3
sit at one time)

• RECOMMENDATION:

  That, the following person(s) be and are hereby appointed to serve on the Committee of Adjustment (Includes Land Division and Property Standards) until their successors are appointed: ...

4.

DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST

5.

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.

6.

PUBLIC MEETING(S)

6.1

Zoning By-law Amendment - 197 Griffin Street

Re:  An application has been submitted to address a number of zoning deficiencies generated as part of a redevelopment of the site which would result in office space and four accessory dwelling units with a number of zoning deficiencies. (File No.: 1601-005-22)

6.2

Zoning By-law Amendment - 8535 Twenty Road (Bruinsma)

Re:  An application for a Zoning Bylaw Amendment has been submitted to rezone the property located at 8535 Twenty Road, to permit an agri-tourism use on subject property, specifically
a country market. (File No.: 1601-012-22)

6.3

Zoning By-law Amendment & Official Plan Amendment - Mill Street (Oyegbami)

Re:  An application for an Official Pan and Zoning Bylaw Amendment has been submitted to re-designate and rezone a vacant property located at Lot 34, Plan M98, in the Town of Smithville located on the north side of Mill Street. The intent of this official plan and zoning bylaw amendment application is to permit a three dwelling unit townhouse. The purpose of the official plan amendment is to permit three units on the subject property. (File No. 1601-013-22 ZBA & 1701-003-22 OPA)

7.

CHANGE IN ORDER OF ITEMS ON AGENDA

8.

APPOINTMENTS

There are no appointments.

9.

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.

10.

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. 

10.1

ITEM P05-23

CONSENT AGENDA ITEMS

• RECOMMENDATION:

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

  1. Items 1, 2, 3 and 4 be and are hereby received for information; and,
  2. Item 5 be and is hereby received and that the recommendations contained therein be adopted
     with the exception of Item no.(s)____________________.

1.

Multi-Municipal Wind Turbine Working Group (MMWTWG) Minutes – September 8, 2022

2.

Technical Report PD-01-2023 - No. 2 - 197 Griffin Street Application for Zoning Amendment - Christoph Arnold (Owner) and NPG Planning Solutions (Agent) (File No. 1601-005-22)

3.

Technical Report PD-02-2023 – Application for Zoning Bylaw Amendment 8535 Twenty Road Bruinsma (File No. 1601-012-22)

4.

Technical Report PD-03-2023 - Application for Official Plan Amendment and Zoning Bylaw Amendment Lot 34, Plan M89 Mill Street File No. 1601-013-22 (ZBA) 1701-003-22 (OPA)

5.

Recommendation Report PD-06-2023 – Domaine Queylus – 3651 Sixteen Road, Need for Municipal Approval of Temporary Patio for ‘By the Glass’ Operators

11.

COMMUNICATIONS

12.

STAFF REPORTS

12.1

ITEM P06-23

Senior Planner (Gerrit Boerema) and Director of Planning & Building (Brian Treble)
Re:  Recommendation Report PD-04-2023 - P Budd Developments - Station Meadows West Redline Revision to Draft Plan of Subdivision (File N0. 2000-89-19)

• RECOMMENDATION:
  1. That, Recommendation Report PD-04-2023 regarding “P Budd Developments- Station Meadows West Redline Revision to Draft Plan of Subdivision – File N0. 2000-89-19”, dated January 16,2023, BE RECEIVED, and,
  2. That the Draft Plan of subdivision, File No. 2000-89-19, as revised in Attachment 1, BE REDLINE APPROVED, in accordance with the provisions of the Planning Act, R.S.O. 1990, Chapter P. 13 and revisions thereunder, subject to the revised conditions contained in Attachment 2 to this report (PD-04-2023),
  3. That, the change to conditions be deemed as minor and that written notice of the change to conditions is not required under Section 51 (47) of the Planning Act R.S.O. 1990, Chapter P. 13; and,
  4. That, the Draft Plan of Subdivision approval be extended by a period of two years following the lapsing of the current three year approval, subject to the conditions as found in Attachment 2 to this report.

12.2

ITEM P07-23

Senior Planner (Gerrit Boerema) and Director of Planning & Building (Brian Treble)
Re:  Recommendation Report PD-05-2023 – Delegation of Approval to Sign Agreements Under the Planning Act

• RECOMMENDATION:
  1. That, Recommendation Report PD-05-2023, regarding “Delegation of Approval to Sign Agreements Under the Planning Act”, dated January 16, 2023, be RECEIVED; and,
  2. That, a bylaw be passed to delegate approval authority for the of approval of agreements under the Planning Act and the delegation of staff to enter into such agreements, as found in Attachment 1.

13.

OTHER BUSINESS

13.1

ITEM P08-23

CAO (Bev Hendry)
Re:  Appointment of an additional Acting Deputy Fire Chief

• RECOMMENDATION:

  WHEREAS, the Ontario Fire Marshall's Office (OFM), has suggested that it would be best practice to have a resolution of Council to officially name appointment(s) of Acting Deputy Fire Chief;

  AND WHEREAS, at the December 12, 2022 Council (All Committees) meeting, a resolution was carried to appoint two Captains Zoli Rakonjak and Wayne Bos as Acting Deputy Fire Chief in the absence of the Deputy Fire Chief;

  AND WHEREAS, in the absence of the two appointed Captains Zoli Rakonjak and Wayne Bos, a third appointment of Acting Deputy Fire Chief be added to whom shall assume all of the powers and duties as may be prescribed of the Deputy Fire Chief

  AND WHEREAS, there are no financial impacts to this action as only one person at a time can be the Acting Deputy Fire Chief and the others would carry on in their role as Captains;

  NOW THEREFORE BE IT RESOLVED, that the Captain Phil Clarke be appointed as a third Acting Deputy Fire Chief whom shall assume all of the powers and duties as may be prescribed of the Deputy Fire Chief;

  AND THAT, due to the time sensitivity of this matter, this appointment take immediate effect prior to ratification of Council.

13.2

ITEM P09-23

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

14.

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).

15.

ADJOURNMENT