The Brantford Record

DO NOT USE - Committee of the Whole - Community Development

August 6, 2019

Who was there

Present (5): Richard Carpenter, Kevin Davis, Greg Martin, Dan McCreary, John Sless

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (8 motions)

8 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

A. THAT Official Plan Amendment Application OP-06-18, submitted by Telephone City Aggregates (TCA), affecting the lands legally described as Part of Lots 18-21 and Part of the Road Allowance between Lots 18-19, Concession 3, in the Geographic Township of Brantford (formerly 395 Hardy Road), to apply a Modified Policy Area 130 to permit townhouses with a maximum of 8 dwelling units per block, BE APPROVED; and B. THAT Zoning By-law Amendment Application PZ-17-18, submitted by Telephone City Aggregates (TCA), affecting the lands legally described as Part of Lots 18-21 and Part of the Road Allowance between Lots 18-19, Concession 3, in the Geographic Township of Brantford, to modify the “Holding-Residential Type 3 – Exception 10 Zone (H-R3-10)” to permit townhouses with a maximum of 8 dwelling units per block and site specific 4 requirements in accordance with the applicable provisions as noted in Section 8.2 of Report 2019-155; and C. THAT the Application to Red-line Draft Plan of Subdivision 29T-18504, submitted by Telephone City Aggregates (TCA), affecting the lands legally described as Part of Lots 18-21 and Part of the Road Allowance between Lots 18-19, Concession 3, in the Geographic Township of Brantford, BE APPROVED, subject to the conditions included in Section 8.4 “Conditions of Draft Plan Subdivision Approval” of Report 2019-155; and D. THAT the By-law to remove the “Holding (H)” provision not be presented to Council for approval until a Subdivision Agreement has been
Moved by Councillor Carpenter, seconded by Councillor Utley
Carried Unanimously
A. THAT Official Plan Amendment Application OP-01-19, submitted by Empire Communities Ltd, affecting lands located on the south side of Shellard Lane, north of Munro Circle known as Block 43 on Approved Draft Plan of Subdivision for Wyndfield West Phase 7 (29T-16501), to re- designate a portion of these lands to “Neighbourhood Residential” to permit the creation of fourteen (14) single-detached residential lots, BE APPROVED; and B. THAT Zoning By-law Amendment Application PZ-02-19, submitted by Empire Communities Ltd, affecting lands located on the south side of Shellard Lane, north of Munro Circle known as Block 43 on Approved Draft Plan of Subdivision for Wyndfield West Phase 7 (29T-16501), to change the zoning on a portion of these lands to “Holding – Residential Type 1D – Exception 6 Zone (H-R1D-6)” to permit the creation of fourteen (14) single- detached residential lots, BE APPROVED in accordance with the applicable regulations as noted in Section 8.2 of Report 2019-214; and 6 C. THAT the By-law to remove the “Holding (H)” provision from the subject lands not be presented to Council for approval until a subdivision agreement for Wyndfield West, Phase 7C has been entered into between the Owner of the subject lands and the City; and D. THAT Pursuant to Sections 17(23), and 34(18) of the Planning Act, R.S.O. 1990, c.P.13. the following statement SHALL BE INCLUDED in the Notices of Decision: “Regard has been had for all written and oral submissions received from the public
Moved by Councillor Weaver, seconded by Councillor Martin
Carried
In favour (9): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Antoski, Councillor Wall · Opposed (2): Councillor Carpenter, Councillor VanTilborg
A. THAT Zoning By-law Amendment Application PZ-06-19, submitted by Collier Project Leaders to change the zoning at 150 Savannah Oaks Drive and 29 Tallgrass Court to Business Park Industrial – Exception 5 Zone (M3-5)” and to “Business Park Industrial – Exception 11 Zone (M3-11)” to permit open storage and to permit a reduction in lot width BE APPROVED, subject to the application of a “Holding” provision on the lands identified as 150 Savannah Oaks Drive in accordance with the applicable provisions as noted in Section 8.2 of Report 2019-419; and B. THAT the implementing By-law BE PRESENTED to Council for adoption following receipt of the Committee of Adjustment’s final decision on the related consent application to adjust the lot boundary by adding lands from 29 Tallgrass Court to 150 Savannah Oaks Drive; and C. THAT the By-law to remove the “Holding (H)” provision from the subject lands not be presented to Council for approval until the Applicant has been issued a Site Alteration Permit addressing the construction of the berm to screen the open storage area, to the satisfaction of the City of Brantford; and D. THAT Pursuant to Section 34(18) of the Planning Act, R.S.O. 1990, c.P.13. the following statement SHALL BE INCLUDED in the Notice of Decision: 8 “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 7.2 of Report 2019-419.” Recorded vote on Item 3.3: YES
Moved by Councillor Utley, seconded by Councillor Wall
Carried Unanimously
THAT all Items for Consideration (Item 5.1) and Consent Items (5.2) not separated for discussion purposes BE APPROVED. Items 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.1.5, 5.1.6, 5.1.7 were separated for discussion purposes. Recorded vote on all Items for Consideration (Item 5.1.8) and Consent Items (5.2) not separated for discussion purposes: YES: Mayor Davis, Councillor Weaver, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor VanTilborg, Councillor Wall – 10 NO: Councillor Vanderstelt – 1
Moved by Councillor Vanderstelt, seconded by Councillor Martin
Carried
In favour (10): Mayor Davis, Councillor Weaver, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor VanTilborg, Councillor Wall · Opposed (1): Councillor Vanderstelt
THAT Item 5.1.2 (Bill 108 – More Homes, More Choice Act, 2019 Information and Implications – Planning Process and Development Charges) BE AMENDED to add a new Clause B and a revised Clause C as follows: B. THAT the Premier of Ontario, the Minister of Municipal Affairs and Housing, Will Bouma, MPP, Brantford-Brant, Leaders of the New Democratic, Liberal and Green parties; the Association of Municipalities of Ontario, the Large Urban Mayors’ Caucus of Ontario, Mayors and Regional Chairs of Ontario BE ADVISED that the Council of The Corporation of the City of Brantford ENDORSES the following resolution regarding Bill 108 – More Homes More Choice Act, 2019: 11 WHEREAS The Government of Ontario, on June 6, 2019, passed the More Homes, More Choice Act, 2019, (Bill 108); and WHEREAS the changes to the Local Planning Appeal Tribunal (LPAT), contained in Bill 108 will give LPAT the authority to make final planning decisions based on a subjective “best planning outcome” approach rather than compliance with municipal and provincially approved official plans and consistency with provincial plans and policy; and WHEREAS Bill 108 restricts third party appeals of plans of subdivision only to the applicant, municipality, Minister, public body or prescribed list of persons; and WHEREAS Bill 108 takes local planning decision-making out of the hands of democratically elected municipal councils and puts it into the hands of a non-elected, unaccountable tribunal; and WHEREAS the LPAT adds cost an
Moved by Councillor Weaver, seconded by Councillor Utley
Carried Unanimously
THAT subsection i and iii of Clause C of Item 5.1.5 BE AMENDED to read as follows: i. By-law 58-2014 BE AMENDED to repeal clauses 2, 3, & 4 due to a lack of funding to continue implementation of the Plan. iii. That Staff BE DIRECTED to investigate options for a new Community Improvement Plan for the downtown to consider direct and indirect financial incentive programs such as, a tax Increment Grant Program for rental housing, and an administrative model, and report back to Council in Q2 of 2020. Recorded vote on Amendment to Item 5.1.5: YES: Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Carpenter, Councillor Antoski, Councillor VanTilborg, Councillor Wall – 10 NO: Councillor Martin – 1
Moved by Mayor Davis, seconded by Councillor Wall
Carried
In favour (10): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Carpenter, Councillor Antoski, Councillor VanTilborg, Councillor Wall · Opposed (1): Councillor Martin
Motion to extend the hour. 17 YES: Mayor Davis, Councillor Utley, Councillor Sless, Councillor Martin, Councillor Antoski, Councillor VanTilborg, and Councillor Wall NO: Councillor Weaver, Councillor Vanderstelt, Councillor McCreary, and Councillor Carpenter
Moved by Councillor Martin, seconded by Councillor VanTilborg
Carried
In favour (7): Mayor Davis, Councillor Utley, Councillor Sless, Councillor Martin, Councillor Antoski, Councillor VanTilborg, Councillor Wall · Opposed (4): Councillor Weaver, Councillor Vanderstelt, Councillor McCreary, Councillor Carpenter
WHEREAS in 1968 Maria and Virgil Risi opened Maria’s Pizza at 428 Colborne Street; and WHEREAS fire destroyed the original business on Sunday June 4, 2017; and WHEREAS Maria’s Pizza has been rebuilt and reopened at the same location; and WHEREAS the original Maria’s Pizza awning sign was rescued and reused as part of the new building signage; and WHEREAS, due to a misunderstanding, the new awning sign now requires an Encroachment Agreement and approval from the City’s Committee of Adjustment for a Minor Variance from the City’s Sign By-law for the sign to remain; and WHEREAS additional fees are required to be (or have already been) submitted by the Risi family as follows:  Fees to prepare and register the Encroachment Agreement; and  $1,807.80 application fee to apply to the Committee of Adjustment NOW THEREFORE BE IT RESOLVED THAT the fees paid by Maria’s Pizza associated with the Encroachment Agreement and the Committee of Adjustment application BE WAIVED or REFUNDED, as the case may be. Recorded vote on Item 6.1: YES: Mayor Davis, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Carpenter, Councillor Antoski, and Councillor VanTilborg – 8 NO: None – 0 18
Moved by Councillor McCreary, seconded by Councillor Carpenter
Carried Unanimously

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