TOWNSHIP OF WEST LINCOLN
PLANNING/BUILDING/ENVIRONMENTAL
COMMITTEEAGENDA

MEETING NO. THREE

Monday, March 06, 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.

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1.

CHAIR - Councillor William Reilly

Prior to commencing with the Planning/Building/Environmental Committee meeting agenda, Chair Reilly will read the following announcements:
1.    Comments from the public for a matter that is on the agenda may be provided in person by attending the meeting and advising the Chair during the "Request to Address an Item on the Agenda" Section of the agenda.
2.    For those individuals that are unable to attend the meeting in person, you may submit comments for matters that are on the agenda by either (1) emailing [e-mail] before 4:30 pm. on the day of the meeting. Comments submitted will be considered as public information and read into public record OR
(2) by contacting the Clerk's Department to request a Zoom Link to attend the meeting virtually.
3.    This meeting will be livestreamed. The link to watch the meeting live can be found on the Township's website by selecting the "Township Office" tab at the top of the website, then clicking the Council or Standing Committee meetings tab and scroll down the meeting list to find the link.
4.    This meeting will be recorded and will be available to view by clicking the meeting video link found on the Township's website within 48 hours after the meeting unless otherwise noted.

2.

LAND ACKNOWLEDGEMENT STATEMENT

The Chair will read the following 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)

There are no public meetings.

5.

CHANGE IN ORDER OF ITEMS ON AGENDA

6.

APPOINTMENTS

6.1

ITEM P18-23

Steve Wever, GSP Group Inc.
Re:  Official Plan Amendment No. #63 – Smithville Urban Boundary Expansion
POWERPOINT PRESENTATION

6.2

ITEM P19-23

Jennifer Meader, Legal Counsel, (Phelps Homes Ltd. and JTG Holdings Incorporated)
Re:  Official Plan Amendment No. #63 

6.3

ITEM P20-23

Raymond Ziemba, Senior Planner, SGL Planning & Design Inc.
Re:   Comments - Official Plan Amendment No. #63
NOTE: Remainder of Delegation’s Submission Attached to Staff Report No. PD-17-2022, Specifically Attachment 5 re SGL Comment Letter – OPA 63  

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.

1.    The Chair to inquire if the IT Help Desk Analyst was aware if there were any members of the public who were in attendance virtually on the Zoom meeting call who wished to address a specific item on tonight's Planning/Building/ Environmental Committee agenda, as permitted under Section 6.7 of the Procedural By-law.

2.    The Chair to inquire if the Deputy Clerk had received any emails or correspondence from a member of the public prior to 4:30 p.m. today who wished to address a specific item on tonight's Planning/Building/Environmental Committee agenda, as permitted under Section 6.7 of the Procedural By-law.

8.

CONSENT AGENDA ITEMS

There are no consent agenda items. 

9.

COMMUNICATIONS

There are no communications. 

10.

STAFF REPORTS

10.1

ITEM P21-23

Director of Planning & Building (Brian Treble)
Re:  Recommendation Report PD-17-2023 – Proposed Modifications to Official Plan Amendment 62 and 63 - Prior to Regional Council Consideration 

• RECOMMENDATION:
  1. That, Recommendation report PD-17-2023, regarding “Proposed Modifications to Official Plan Amendment 62 and 63 - Prior to Regional Council Consideration”, dated March 6, 2023 be RECEIVED; and,
  2. That, the proposed modifications to Official Plan Amendment 62 and 63, as found at Attachment 2 to this report and which incorporate both Regional staff and Township staff/consultant proposed modifications in one amending document, be endorsed by Township Planning/Building/Environmental Committee and Council as Township supported modifications for the Region to make to the adopted OPA 62 and 63 as part of final approval; and,
  3. That, Township Council endorsement of the modifications be forwarded to Regional staff, prior to presentation of Official Plan Amendment’s 62 and 63 as modified, to Regional Council for adoption.

10.2

ITEM P22-23

Senior Planner (Gerrit Boerema) and Manager of Planning (Dave Heyworth)
Re:  Recommendation Report PD-16-2023 - Zoning By-Law Amendment (Temporary Use By-Law) - Kelly/Redekop Garden Suite Application (File No. 1601-015-22)

• RECOMMENDATION:
  1. That, Recommendation Report PD-16-2023, regarding “Zoning By-Law Amendment (Temporary Use By-Law) –Kelly/Redekop Garden Suite Application File No. 1601-015-22”, dated March 6 2023, be RECEIVED; and,
  2. That, Section 34(17) of the Planning Act apply and that no further public meeting is required, and;
  3. That, the application for Temporary Use Bylaw, File Number 1601-015-22, BE APPROVED, as found within Attachment 3, and that staff circulate the Notice of Decision in accordance with the Planning Act, and;
  4. That, the Mayor and Clerk be authorized to enter into a temporary use agreement with the owners/applicants.

10.3

ITEM P23-23

Senior Planner (Gerrit Boerema), Director of Planning & Building (Brian Treble), and Manager of Planning (Dave Heyworth)
Re:  Recommendation Report PD-11-2023 - 197 Griffin Street Application for Zoning Amendment - Owner – Christoph Arnold, Agent – NPG Planning Solutions (File No. 1601-005-22)

• RECOMMENDATION:
  1. That, Recommendation Report PD-11-2023, regarding “197 Griffin Street Application for Zoning Amendment Owner – Christoph Arnold, Agent – NPG Planning Solutions File No. 1601-005-22”, dated March 6, 2023, be RECEIVED; and,
  2. That, Section 34(17) of the Planning Act apply and that no further public meeting is required, and;
  3. That, the application for Zoning Bylaw Amendment 1601-005-22, BE APPROVED as found in Attachment 5, and that staff circulate Notice of Decision in accordance with the Planning Act.

10.4

ITEM P24-23

Director of Planning & Building (Brian Treble)
Re:  Recommendation Report PD-07-2023 – By-law Enforcement and Land Use Planning Update – Grimsby Airpark

• RECOMMENDATION:
  1. That, Recommendation Report PD-07-2023, regarding “By-law Enforcement and Land Use Planning Update – Grimsby Airpark”, dated March 6, 2023, be RECEIVED; and,
  2. That, staff continue to brief Committee and Council, as required, and to offer facilitation services to local residents who remain concerned, including those West Lincoln residents who abut the airpark. This could include contacting Transport Canada, as required.

11.

OTHER BUSINESS

11.1

ITEM P25-23

Director of Planning & Building (Brian Treble)
Re: Memorandum regarding Official Plan Amendments - Re Bill 109 and Bill 23

11.2

ITEM P26-23

Director of Planning & Building (Brian Treble)
Re:  Stanpac Noise Matter
VERBAL UPDATE

11.3

ITEM P27-23

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 Planning & Building (Brian Treble)
  Re:  Legal/Solicitor-Client Privilege Matter - Natural Severance
  VERBAL UPDATE

  Applicable closed session exemption(s):

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

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

13.1

ITEM P28-23

Director of Planning & Building (Brian Treble)
Re:  Legal/Solicitor-Client Privilege Matter - Natural Severance
VERBAL UPDATE

• RECOMMENDATION:

  That, the Township of West Lincoln Solicitor and Staff be and are hereby authorized to proceed as directed in closed session with respect to a Legal/Solicitor-Client Privilege Matter relating to a Natural Severance. 

13.2

ITEM P29-23

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

• RECOMMENDATION:

  That, the Township of West Lincoln Solicitor be and is hereby authorized to proceed as directed in closed session with respect to a Legal/Solicitor-Client Matter relating to a Ontario Land Tribunal (OLT) Matter – Helen Kszan (File No. 22-00280).

14.

ADJOURNMENT