TOWNSHIP OF WEST LINCOLN
PLANNING/BUILDING/ENVIRONMENTAL
COMMITTEE AGENDA

MEETING NO 4

Tuesday, April 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.

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1.

CHAIR

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 [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.
3. This meeting will be livestreamed as well as recorded and available on the Township’s website.

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 meeting(s).

5.

CHANGE IN ORDER OF ITEMS ON AGENDA

6.

APPOINTMENTS

6.1

ITEM P30-23

Ed and Kim Wrzosek
Re:  Request of Consideration for Review and Amendment to the Township's Noise By-law (By-law 2013-50)
POWERPOINT PRESENTATION

• RECOMMENDATION:
  1. That, the correspondence received from Ed & Kim Wrzosek, dated April 11, 2023, be received; and,
  2. That, staff are hereby directed to do a full comprehensive review of the noise bylaw with consideration to notes and concerns highlighted in the PowerPoint presentation presented on April 11, 2023 and,
  3. That, staff report back at a future committee and/or council meeting with a report highlighting their findings and recommendations.

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

There are no consent agenda items.

9.

COMMUNICATIONS

There are no communications.

10.

STAFF REPORTS

10.1

ITEM P31-23

Manager of Planning (Dave Heyworth) and Director of Planning & Building (Brian Treble)
Re:  Recommendation Report PD-19-2023 – Brownfield Property Tax Assistance and Brownfield Rehabilitation Grant Applications for lands situated on South Side of St Catharine Street (former CP Dunnville Spur Line Lands) – DeHaan Homes Inc, Agent Luciano Piccioni, Legal Description:  Being Part of Lot 56, Registered Plan M-88, File No. 1519-021-001

• RECOMMENDATION:
  1. That, Recommendation Report PD-19-2023, regarding “Brownfield Property Tax Assistance and Brownfield Rehabilitation Grant Applications for lands situated on South Side of St Catharine Street (former CP Dunnville Spur Line Lands) – DeHaan Homes Inc, Agent Luciano Piccioni, Legal Description: Being Part of Lot 56, Registered Plan M-88, (File No. 1519-021-001), Legal Description: Being Part of Lot 56, Registered Plan M-88, (File No. 1519-021-001)”, dated April 11, 2023 be RECEIVED; and,
  2. That, Council approve the Brownfield Property Tax Assistance and Brownfield Rehabilitation Grant application for lands located between St Catharine Street and Twenty Mile Creek on the South Side of St Catharine Street and further identified through this report subject to the applicant meeting the program requirements including entering into an agreement with the Township.
  3. That, a by-law (attachment 3) be passed to cancel all or part of property taxes in a form as found at attachment 3 and which also authorizes the signing of the Tax Assistance and Rehabilitation agreement; and
  4. That, the Tax Assistance and Rehabilitation grant request be forwarded to the Region of Niagara for support under the Smarter Niagara Incentive Program (SNIP).
  5. That, building permit fees are waived automatically should approval be granted.

10.2

ITEM P32-23

Senior Planner (Shradha Arun), Manager of Planning (Dave Heyworth) and Director of Planning & Building (Brian Treble)
Re:  Recommendation Report PD-18-2023 – Application to Remove the Holding Symbol (Dehaan Homes Inc.) - Crossings on Twenty North

• RECOMMENDATION:
  1. That, Recommendation Report PD-18-2023 regarding “Recommendation Report, Application to Remove Holding Symbol (DeHaan Home Inc.) - Crossings on Twenty North, (File No. 1601-09-22)”, dated April 11^th, 2023, be received; and
  2. That, a by-law be passed to authorize the Mayor and Clerk to remove the Holding provision on the subject lands as identified in the attached By-law as Attachment 3.

11.

OTHER BUSINESS

11.1

ITEM P33-23

Director of Planning & Building (Brian Treble)
Re: Official Plan Amendments 62 and 63 - Regional Council
VERBAL UPDATE

11.2

ITEM P34-23

Director of Planning & Building (Brian Treble)
Re: Ontario Land Tribunal (OLT) Appeal - Mothers Against Wind Turbines Inc. v.
Ontario (Environment, Conservation and Parks)
VERBAL UPDATE

11.3

ITEM P35-23

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 - Legal & By-law Enforcement
  VERBAL UPDATE
  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;
  • Personal matters about an identifiable individual, including municipal employees

  13.2 Director of Planning and Building (Brian Treble)
  Re: Legal/Solicitor-Client Privilege - Insurance Claim Matter
  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

  13.3 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 P36-23

Director of Planning & Building (Brian Treble)
Re: Legal/Solicitor-Client Privilege - Legal & By-law Enforcement
VERBAL UPDATE

13.2

ITEM P37-23

Director of Planning and Building (Brian Treble)
Re: Legal/Solicitor-Client Privilege - Insurance Claim Matter
VERBAL UPDATE

13.3

ITEM P38-23

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

14.

ADJOURNMENT