COMMITTEE OF THE WHOLE
PLANNING AND ADMINISTRATION
AGENDA

Tuesday, February 08, 2022

6:00 P.m. - 8:00 P.m.

Brantford City Hall, 58 Dalhousie Street

​This meeting will be held in a hybrid meeting format (virtual and in-person). To view the livestream of the meeting, please visit: http://brantford.ca/VirtualCouncil. Registration to attend in-person or as a delegate can be completed by visiting: https://calendar.brantford.ca/meetings

If technical difficulties arise out of the livestream and the livestream becomes unavailable; members of the public can observe the meeting by calling 1-855-703-8985 or 1-647-374-4685 and entering the Meeting ID: 854 3652 2853.

Alternative formats and communication supports available upon request.  For more information, please contact the City of Brantford Municipal Accessibility Coordinator at [phone] or by e-mail at [email protected].​

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1.

INVOCATION

2.

ROLL CALL

3.

DECLARATIONS OF CONFLICTS OF INTEREST

4.

SEPARATION OF ITEMS FOR CONSIDERATION AND CONSENT ITEMS FOR DISCUSSION PURPOSES

5.

PRESENTATIONS/DELEGATIONS [list, if any, available at the meeting]

6.

ITEMS FOR CONSIDERATION/ CONSENT

6.1

ITEMS FOR CONSIDERATION

6.1.1

2022 Municipal Election Planning, Legislation Update, Compliance Audit Committee Plan and Corporate Use of Resources in an Election Policy Update [Financial Impact – None], 2022-16

• 1. THAT Report 2022-16 titled “2022 Municipal Election Planning, Legislation Update, Compliance Audit Committee Plan and Corporate Use of Resources in an Election Policy Update” BE RECEIVED; and
  2. THAT the Clerk BE DELEGATED THE AUTHORITY to solicit and select Members of the Municipal Election Compliance Audit Committee, and prepare the necessary By-law for presentation in advance of the October 1, 2022 deadline; and
  3. THAT the necessary By-law to amend By-law 70-2010, Being a By-law to adopt various City of Brantford Policies, by repealing and replacing Council Policy - 004 (Use of Corporate Resources for Election Purposes) as attached as Appendix A BE PRESENTED to City Council for adoption.

6.1.2

Short Term Accommodation – Parking Requirements [Financial Impacts: None], 2022-145

• 1. THAT Report 2022-145 entitled Short Term Accommodation – Parking Requirements BE RECEIVED; and
  2. THAT the parking requirement regarding each primary driveway being able to accommodate a vehicle per bedroom rented BE STRUCK as a parameter from the Short Term Rental Accommodation registry program as approved in March of 2021 (Report 2021-165); and
  3. THAT the necessary By-law to amend Chapter 326, Business Licensing of the City of Brantford Municipal Code to add Schedule A-15- Short Term Rental Accommodation, BE PRESENTED to City Council for adoption.

6.1.3

Proposed Amendments to Chapter 206 - Animal Control [Financial Impact - None], 2022-33

• 1. THAT Report 2022-33, Proposed Amendments to Chapter 206 – Animal Control, BE RECEIVED; and
  2. THAT staff BE DIRECTED to present a by-law to amend Chapter 206 – Animal Control, to include:
     1. regulations pertaining to the keeping, harbouring, and possessing of chickens;
     2. a permit process pertaining to the keeping, harbouring, and possessing of chickens; and
     3. amendments to the definition of kennel to align with the definition of kennel as approved in the City of Brantford Zoning By-Law 160-90,
        as defined in Report No. 2022-33; and
  3. THAT staff BE DIRECED to present a by-law to amend By-Law 52-2021, being a by-law to Fix Fees and Charges collected by the City of Brantford, to include the proposed inspection fee of $100.

6.1.4

Proposed Amendments to Chapter 478 – Signs – Outdoor – Other Advertising Devices, Additional Information [Financial Impact - None], 2022-127

• 1. That Report 2022-127, Proposed Amendments to Chapter 478 – Signs – Outdoor – Other Advertising Devices, Additional Information, BE RECEIVED as information; and
  2. THAT staff BE DIRECTED to present a by-law to amend Chapter 478 – Signs – Outdoor – Other Advertising Devices, to include:
     1. the definition of digital sign
     2. regulations pertaining to brightness, dwell time, and transition time
     3. existing signs that meet the definition of a digital sign be required to comply with digital sign regulations
     4. the definition of electronic message display to differentiate from the definition of a digital sign
     5. reducing the separation distance between an illuminated sign and signalized intersection or crosswalk from 50 m to 30 m.

6.1.5

Enactment of a By-law to Regulate in Respect of the Fortification of and Protective Elements Applied to Land, 2022-120

• 1. THAT Report 2022-120, “Enactment of a By-law to Regulate in Respect of the Fortification of and Protective Elements Applied to Land”, BE RECEIVED; and
  2. THAT By-law 164-2007, being a By-law to regulate the fortification of land and protective elements applied to land and to prohibit excessive fortification of land and excessive protective elements being applied to land in relation to the use of land within the City of Brantford, BE REPEALED; and
  3. THAT the necessary By-law to Regulate in Respect of the Fortification of and Protective Elements Applied to Land BE PRESENTED to City Council for adoption.

6.1.6

Building Construction Process Review Task Force Report 01-20-22

• 1. Development Approvals Process (DAP) Review: Phase 1 Implementation Plan [Financial Impact – None], 2022-74
     1. THAT Report 2022-74, “Development Approvals Process Review: Phase 1 Implementation Plan”, BE RECEIVED; and
     2. THAT Staff BE DIRECTED to develop a Terms of Reference to hire a consultant to complete a Planning and Development Application and Service Fee Review for Council consideration; and
     3. THAT Staff BE DIRECTED to undertake a review of the Site Plan, Site Alteration and Security Release processes to implement the “As Should Be” recommendations contained in the final DAP report, and report back to the Task Force and Council with recommendations by the end of Q2 2022; and
     4. THAT Staff BE DIRECTED to develop a Standard Operating Procedure and Planning Application Manual as part of their work plan for 2022; and
     5. THAT Staff BE DIRECTED to solicit a proposal from North Lake Design Lab to develop a work plan, schedule and budget to configure all the required Planning functions in AMANDA for consideration by the Task Force and Council; and
     6. THAT Staff BE DIRECTED to report back to the Task Force and Council with an annual implementation update; and
     7. THAT a copy of this report BE FORWARDED to the development community who participated in the public comment process as well as the Brantford-Brant Chamber of Commerce.
• 2. Security Release Process

  WHEREAS, Builders and Developers are the lifeblood of the City of Brantford in job creation and significant property tax revenues; and

  WHEREAS, Builders and Developers are required to provide the City with securities to ensure new construction comply with all building standards; and

  WHEREAS, Developments can vary in size and scope for Residential, Commercial and Industrial projects; and

  WHEREAS, securities deposited with the City correspond to the size of the development from thousands to millions of dollars; and

  WHEREAS, Builders and Developers pay interest to the lender as well as guaranteeing the security with a corresponding amount with their bank; and

  WHEREAS, the current process with the City is to hold the full amount of the security until all aspects of the project are completed to the satisfaction of the building inspector; and

  WHEREAS, the project completion sign off may occur long after the building is completed; and

  WHEREAS, a new process is required to provide our valued business partners with a fairer system to return their securities at set stages of project completion; and

  WHEREAS, another option may be to set an upper limit on the security amount;

  NOW THEREFORE BE IT RESOLVED THAT Staff BE DIRECTED to report back to the Building Construction Process Review Task Force with recommendations and answers on the following:

  1. How can the City refund partial payments at completion of key stages of the project?
  2. What are the key stages of a project?
  3. What is the feasibility of setting a dollar cap on securities rather than the full amount of the project?
  4. Investigations into allowing builders and developers to post performance labour and materials bonds;
  5. What barriers, if any, exist that prevent timely building inspections?
  6. What is the average time it takes to return securities after a project has been approved by the building inspector?
  7. That the Task Force chair invites comments from a sample of local Builders and developers for their input.

6.2

CONSENT ITEMS

6.2.1

MINUTES

6.2.1.1

Committee of the Whole - Planning and Administration - January 18, 2022

6.2.1.2

Brantford Heritage Committee - December 20, 2021

6.2.1.3

Committee of Adjustment - December 1, 2021

7.

RESOLUTIONS

7.1

Coyote Sightings - Councillor Utley

• WHEREAS there have been numerous sightings of coyotes in the city; and

  WHEREAS citizens are concerned about the potential danger of coyotes attacking small children, pets and related risk of rabies; and

  WHEREAS the City is limited in our ability to track the increasing numbers of coyotes;

  NOW THEREFORE BE IT RESOLVED THAT Staff BE DIRECTED to:

  1. Develop a service request whereby members of the community can notify the City of coyote sightings and suspected deaths of deer and small animals in the city via an online submission form on the City’s website, to determine how widespread sightings are over a 3 month period; and
  2. Contact the Ministry of Natural Resources (MNR) to request their support in managing the coyote population in the City; and
  3. Develop a public awareness/education campaign to promote the new reporting tool and to provide tips for residents regarding how to respond and react to potential close contact with coyotes in their neighborhoods, and;
  4. Upon completion of the data collection, provide Council and the MNR with a memo outlining the findings.

7.2

Dissolve the OLT (Ontario Land Tribunal) - Councillor Carpenter

• WHEREAS Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and

  WHEREAS an Official Plan is developed through months of public consultation to ensure that future planning and development will meet the specific needs of The Corporation of the City of Brantford; and

  WHEREAS our Official Plan includes intensification policies that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and

  WHEREAS our Official Plan is ultimately approved by the province; and

  WHEREAS it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the City of Brantford Official Plan; and

  WHEREAS it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the City of Brantford Official Plan; and

  WHEREAS municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of the City of Brantford; and

  WHEREAS the OLT has the authority to make a final decision on planning matters based on a standard of “best planning outcome” and not strictly whether the proposed development is in compliance with municipal Official Plans and Provincial Planning Policy; and

  WHEREAS all decisions—save planning decisions—made by Municipal Council are subject to appeal by judicial review and such appeals are limited to questions of law and/or process; and

  WHEREAS Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; and

  WHEREAS towns and cities across this Province are repeatedly forced to spend millions of dollars defending Official Plans that have already been approved by the province in expensive, time consuming and often futile OLT hearings; and

  WHEREAS lengthy, costly OLT hearings act as a barrier to the development of attainable housing;

  NOW THEREFORE BE IT RESOLVED:

  1. THAT the City of Brantford REQUESTS that the Government of Ontario dissolve the OLT immediately thereby eliminating one of the most significant sources of red tape delaying the development of more attainable housing in Ontario; and
  2. THAT a copy of this Motion BE SENT to the Honourable Doug Ford, Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of the Liberal and Green Party, all MPPs in the Province of Ontario, the Large Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario; and
  3. THAT a copy of this Motion BE SENT to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.

8.

NOTICES OF MOTION

9.

ADJOURNMENT