COMMITTEE OF THE WHOLE
COMMUNITY DEVELOPMENT
AGENDA

Tuesday, April 20, 2021

6:00 P.m. - 10:00 P.m.

Brantford City Hall, 100 Wellington Square

Please note due to the COVID-19 Pandemic, this meeting will be held electronically. To view the livestream of the meeting, please visit: http://brantford.ca/VirtualCouncil.

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: 960 8068 4746.

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.

STATUTORY PUBLIC HEARINGS/PUBLIC MEETINGS

5.1

Applications for Zoning By-law Amendment PZ-11-20 and Draft Plan of Condominium 29CD-20503 - 180 Grand River Avenue [Financial Impact – None], 2021-305

• 1. THAT Zoning By-law Amendment Application PZ-11-20, submitted by Urban Solutions Planning and Development Consultants Inc. on behalf of King and Benton Redevelopment Corporation, affecting lands at 180 Grand River Avenue, to amend the “Mixed Commercial Residential – Exception 20 Zone (F-C3-20)” to permit a 30-unit apartment building, with site specific provisions, BE APPROVED, in accordance with the applicable provisions as noted in Section 9.3 of Report 2021-305; and
  2. THAT Draft Plan of Condominium Application 29CD-20503, submitted by Urban Solutions Planning and Development Consultants Inc. on behalf of King and Benton Redevelopment Corporation, affecting lands at 180 Grand River Avenue, BE APPROVED subject to the conditions included in Section 9.5 “Conditions of Draft Plan of Condominium Approval” of Report 2021-305; and
  3. THAT the By-law to remove the “Holding (H)” provision from the subject lands be presented to Council for approval once the following conditions have been satisfied:
     1. That the applicant has provided confirmation that a Record of Site Condition (RSC) has been filed;
     2. That the applicant has provided a signed Site Plan Agreement to the City, along with all necessary securities; and
     3. That all servicing issues, financial and otherwise, have been addressed to the satisfaction of the City of Brantford; and
  4. THAT Pursuant to Sections 34(18) and 51(38) of the Planning Act, R.S.O. 1990, c.P.13., the following statement SHALL BE INCLUDED in the Notice of Decision:

  “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 8.2 and 9.4.1 of Report 2021-305”.

6.

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

7.

ITEMS FOR CONSIDERATION/ CONSENT

7.1

ITEMS FOR CONSIDERATION

7.1.1

Technical Amendment to Site Plan Control By-law No. 90-2018 to Add 43 East Avenue as a Property Subject to Site Plan Control [Financial Impact – None], 2021-308

• 1. THAT Report 2021-308, titled “Technical Amendment to Site Plan Control By-law No. 90-2018 to Add 43 East Avenue as a Property Subject to Site Plan Control,” BE RECEIVED; and
  2. THAT a By-law to amend Site Plan Control By-law No. 90-2018 to add 43 East Avenue to Schedule “A” BE PRESENTED to City Council for adoption.

7.1.2

Heritage Register Project: Owner Consultation Program for Listing Group B Properties – Procurement of Consulting Services [Financial Impact - $79,320], 2021-109

• 1. THAT Report 2021-109, titled “Heritage Register Project: Owner Consultation Program for Listing Group B Properties – Procurement of Consulting Services”, BE RECEIVED; and
  2. THAT Council APPROVE the non-competitive procurement of services to complete the owner consultation program for listing Group B properties on the Heritage Register, pursuant to Section 4.02(e) of the Purchasing Policy, to Archaeological Services Inc., to an upset limit of $79,320.00; and
  3. THAT the costs of the services set out in B above BE FUNDED as follows:
     1. THAT $67,653 BE TRANSFERRED from project PL1601 Heritage Register; and
     2. THAT $11,667 BE FUNDED from the Capital Funding Envelope Reserve (RF0556); and,
  4. THAT the necessary contract, in a form satisfactory to the City Solicitor or delegate, between The Corporation of the City of Brantford and Archeological Services Inc. BE PLACED on a Signing By-law for execution by the Mayor and City Clerk.

7.1.3

Part Lot Control Relief Application PLC-01-21 (All of Blocks 133 and 134, Registered Plan 2M-1955), 1-23 Amos Avenue (odd numbers only) [Financial Impact – None], 2021-221

• 1. THAT Part Lot Control Relief Application PLC-01-21 submitted by Armstrong Planning on behalf of Empire Communities Ltd., applying to Blocks 133 and 134 on Plan 2M-1955 (1-23 Amos Avenue – odd numbers only) to create 12 townhouse lots and 8 associated access easements, BE APPROVED; and
  2. THAT a By-law to implement Part Lot Control BE PRESENTED to City Council for consideration and approval, which By-law shall automatically expire after a period of three years from the date of its passage at which time Part Lot Control will automatically be reinstated on the subject lands for reasons outlined in Report 2021-221.

7.1.4

Part Lot Control Relief Application PLC-02-21 (All of Blocks 135, 136 and 137, Registered Plan 2M-1955), 402-434 Blackburn Drive (even numbers only) [Financial Impact – None], 2021-223

• 1. THAT Part Lot Control Relief Application PLC-01-21 submitted by Armstrong Planning on behalf of Empire Communities Ltd., applying to Blocks 135, 136 and 137 on Plan 2M-1955 (402 – 432 Blackburn Drive – even numbers only) to create 17 townhouse lots and 11 associated access easements, BE APPROVED; and
  2. THAT a By-law to implement Part Lot Control BE PRESENTED to City Council for consideration and approval, which By-law shall automatically expire after a period of three years from the date of its passage at which time Part Lot Control will automatically be reinstated on the subject lands for reasons outlined in Report 2021-223.

7.1.5

Relocation of the Provincial Offences Court Services Memorandum of Understanding [Financial Impact - None], 2021-323

• 1. THAT report 2021-323 – Relocation of the Provincial Offences Court Services Memorandum of Understanding BE RECEIVED; and
  2. THAT the Memorandum of Understanding attached hereto as Appendix “A”, between The Corporation of the City of Brantford and Wilfrid Laurier University, BE PLACED on a Signing By-law for consideration by Council and execution by the Mayor and Clerk.

7.1.6

Mohawk Lake District Working Group Report #2021-04-12 regarding Real Estate Strategy, Mandate and Billboard Cost

• 1. Mohawk Lake District - Real Estate Strategy, 2021-307
     1. THAT the Manager of Real Estate BE DELEGATED authority to enter into a Memorandum of Understanding between The Corporation of the City of Brantford and Lansdowne Children’s Centre, and a Memorandum of Understanding between The Corporation of the City of Brantford and the De dwa da dehs nye>s Aboriginal Health Centre, for the purposes of working towards Agreements of Purchase and Sale to effect the disposition of land within the Mohawk Lake District to each of the aforementioned organizations, which Agreements of Purchase and Sale shall be subject to Council approval and shall contains such terms and conditions as are satisfactory to the City Solicitor or designate; and
     2. THAT Staff BE DIRECTED initiate survey work of the approximately 9.7 acre parcel identified in the Mohawk Lake District Plan as Institutional, to delineate and prepare two  parcels of land for disposition to the community groups identified in recommendation A, above; and
     3. THAT Staff BE DIRECTED to commence an Expression of Interest process for the lands identified in the Mohawk Lake District Plan as multi-storey, mixed use Commercial/Residential, consisting of approximately 9.2 acres; and
     4. THAT an Evaluation Committee BE ESTABLISHED for the purposes of evaluating responses to the Mohawk Lake District EOI identified in recommendation C, above, consisting of the Mohawk Lake District Plan Working Group, or, should the Working Group not expand its mandate, the Mayor, both Ward 5 Councillors, the Chief Administrative Office, the General Manager of Public Works, and the General Manager of People, Legislated Services and Planning, with support from the Planning Department, Purchasing Division, and the Legal and Real Estate Services Department, and;
     5. THAT the lands identified within the Mohawk Lake District Plan as Transitional/Institutional use BE RESERVED for the future development or expansion of a museum district or as part of the community park to be developed on the adjacent lands.
  2. Mohawk Lake District Working Group Mandate, 2021-324
     1. THAT the Staff Liaison Report regarding the Mohawk Lake District Working Group Mandate BE RECEIVED; and
     2. THAT the Mohawk Lake District Working Group mandate BE EXPANDED as recommended in Option 2 of this Report; and
     3. THAT Staff BE DIRECTED to prepare an Option “2-B” to this Report as to how the mandate might be further expanded to address the balance of the Greenwich Mohawk lands and the holistic implementation of the Mohawk Lake District Plan, and TO BRING this report to the next Mohawk Lake District Working Group meeting for its consideration.
  3. Mohawk Lake District – Billboard Cost, 2021-327

  THAT the information regarding the cost to erect a billboard to promote the Mohawk Lake District Project BE RECEIVED.

7.2

CONSENT ITEMS

7.2.1

2020 Year-End Report on Building Permit Fees [Financial Impact – None], 2021-290

• THAT Report 2021-290, being the 2020 Year-End Report on Building Permit Fees, BE RECEIVED.

7.2.2

MINUTES

7.2.2.1

Committee of the Whole - Community Development - March 9, 2021

7.2.2.2

Committee of Adjustment - February 3, 2021

7.2.2.3

Committee of Adjustment - March 4, 2021

7.2.2.4

Brantford Heritage Committee - January 25, 2021

7.2.2.5

Mohawk Lake District Working Group - October 30, 2020

8.

RESOLUTIONS

8.1

Noise By-law Amendment - Councillor VanTilborg

• WHEREAS excessive noise has the effect of interfering with the use and enjoyment of an individual’s property; and

  WHEREAS the Municipal Act allows municipalities to pass by-laws to regulate with respect to noise, vibration, odour, dust and outdoor illumination, including indoor lighting that can be seen outdoors; and (b) prohibit the matters described in clause (a) unless a permit is obtained from the municipality for those matters and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; and

  WHEREAS Section 10(2) of the Municipal Act permits a municipality to pass by-laws respecting the economic, social and environmental wellbeing of the municipality, the health, safety and well-being of persons, and the protection of persons and property; and

  WHEREAS the City wishes to ensure that the use of lands within the City has a minimal adverse impact on the quiet enjoyment of surrounding lands;

  NOW THEREFORE BE IT RESOLVED:

  1. THAT staff BE DIRECTED to amend the noise by-law to include the prohibition of the noise or sound made or created by any radio, phonograph, public address system, sound equipment, loud speaker, musical instrument or other sound-producing equipment, when the equipment is played or operated in such a manner that the sound or noise made or created thereby unreasonably disturbs the peace, comfort or repose of any person in a dwelling house, or a police officer acting in accordance with their duties under the Police Services Act, or successor and that same be prohibited at all times; and
  2. THAT staff BE DIRECTED to place the amended by-law on the by-law listing for consideration by Council.

9.

NOTICES OF MOTION

10.

ADJOURNMENT