COMMITTEE OF THE WHOLE
COMMUNITY DEVELOPMENT
AGENDA

Tuesday, November 10, 2020

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.

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 [e-mail].​

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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

Zoning By-law Amendment PZ-12-20 and Extension to a Draft Approved Plan of Subdivision 29T-16502 – 501 Shellard Lane (Losani Homes) [Financial Impact – None], 2020-407

• 1. THAT Zoning By-law Amendment Application PZ-12-20, submitted by MHBC Planning on behalf of Losani Homes, affecting lands at 501 Shellard Lane, City of Brantford, to amend the Holding – Residential Type 1D Zone (H-R1D-10) to modify the interior side yard BE APPROVED, in accordance with the applicable provisions as noted in Section 8.3.1 of Report 2020-407; and
  2. THAT the request to amend a condition of Draft Plan of Subdivision, specifically to extend the expiry date for Draft Plan Approval (File No. 29T-16502), submitted by MHBC Planning on behalf of Losani Homes, affecting the lands municipally addressed as 501 Shellard Lane, BE APPROVED, in accordance with Section 8.0 of Report 2020-407; and
  3. THAT Pursuant to Section 51(47) of the Planning Act, R.S.O. 1990, c.P.13., written notice under Subsection 51(45) shall not be required as the change to the conditions is considered minor. No further notice to the public is required upon Council’s approval; and
  4. 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:

  “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 2020-407.”

5.2

Zoning By-law Amendment PZ-02-20 – 120-138 Market Street and 31 and 35 Chatham Street [Financial Impact - None], 2020-221

• 1. THAT Zoning By-law Amendment Application PZ-02-20 submitted by Market Street Developments Inc., to change the Zoning of the lands located at 120-138 Market Street and 31 and 35 Chatham Street to “General Commercial Zone (C8-102)” to permit the development of a 10-storey mixed use building, BE APPROVED, subject to the application of a ‘Holding’ provision and in accordance with the applicable provisions as noted in Section 8.2 of Report 2020-221; and
  2. THAT the By-law to remove the “Holding (H)” provision from the subject lands not be presented to Council for approval until the following conditions have been satisfied:
     1. THAT the applicant has provided a signed Site Plan Agreement to The Corporation of the City of Brantford, along with all necessary securities; and
     2. THAT the applicant submit a Stage 2 Archaeological Assessment and any subsequent assessments as required by the Ministry of Heritage, Sport, Tourism, and Culture Industries’ Standard and Guidelines for Consultant Archaeologists, as amended from time to time, as well as copies of all letters from the Ministry of Heritage, Sport, Tourism and Culture Industries verifying that archaeological assessments have been entered into the Ontario Public Register of Archaeological Reports, to the satisfaction of of the General Manager of Community Development; and
     3. THAT the applicant submits a further addendum to the Heritage Impact Study, prepared by Allan Avis Architect Inc. and Heritagedowntowns Inc. dated July 16, 2019, addressing the relevant matters outlined in Staff Report 2020-221, to the satisfaction of The Corporation of the City of Brantford; and
     4. THAT approval under Section 34 of the Ontario Heritage Act to remove the Crystal Cottage from 35 Chatham Street is received, and that the Crystal Cottage is successfully relocated to a new property, to the satisfaction of The Corporation of the City of Brantford; and
     5. THAT all servicing issues, financial and otherwise, have been addressed to the satisfaction of The Corporation of the City of Brantford; and
  3. THAT Pursuant to 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 before the decision was made in relation to this planning matter, as discussed in Section 7.2 and 8.3.1 of Report 2020-221.”

5.3

Applications for Neighbourhood Plan NP-01-19; Zoning By-law Amendment PZ-07-19, and Draft Plan of Subdivision 29T-19502 – 346 Shellard Lane [Financial Impact – Unknown], 2020-272

• 1. THAT Neighbourhood Plan Application NP-01-19, submitted by Bousfields Inc. on behalf of Shellbrant Developments Limited, affecting the lands located on the north side of Shellard Lane, west of Conklin Road, Part of Blocks 4 and 5, Kerr Tract, Geographic Township of Brantford, City of Brantford, municipally addressed as 346 Shellard Lane, BE APPROVED; and
  2. THAT Zoning By-law Amendment Application PZ-07-19 submitted by Bousfields Inc. on behalf of Shellbrant Developments Limited, affecting the lands located on the north side of Shellard Lane, west of Conklin Road, Part of Blocks 4 and 5, Kerr Tract, Geographic Township of Brantford, City of Brantford, municipally addressed as 346 Shellard Lane to change the zoning to “Open Space Type 1 Zone (OS1)”, “Open Space Restricted Zone (OS3)”, “Residential Type 1B (15 Metre) – Exception 35 Zone (R1B-35)”, “Residential Type 1C (12 Metre) – Exception 24 Zone (R1C-24)”, “Residential Type 1D (11 Metre) – Exception 12 Zone (R1D-12)”, “Residential Medium Density Type A – Exception 75 Zone (R4A-75)”, “Residential Medium Density Type A – Exception 76 Zone (R4A-76)”, and the “Residential Medium Density Type A – Exception 77 Zone (R4A-77), “Residential Medium Density Type A – Exception 78 Zone (R4A-78) and “Community Centre Commercial Zone (C10)”, BE APPROVED in accordance with the applicable provisions as outlined in Section 8.2 of Report 2020-272; and
  3. THAT Draft Plan of Subdivision Application 29T-19502, submitted by Bousfields Inc. on behalf of Shellbrant Developments Limited, affecting the lands located on the north side of Shellard Lane, west of Conklin Road, Part of Blocks 4 and 5, Kerr Tract, Geographic Township of Brantford, City of Brantford, municipally addressed as 346 Shellard Lane submitted by Bousfields Inc. on behalf of Shellbrant Developments Limited, affecting the lands municipally addressed as 346 Shellard Lane, BE APPROVED subject to the conditions included in Section 9.0 “Conditions of Draft Plan of Subdivision Approval” of Report 2020-272; and
  4. 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 has been entered into between the applicant and the City; and
  5. 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 7.2 and 8.3.1 of Report 2020-272”.

6.

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

7.

ITEMS FOR CONSIDERATION/ CONSENT

7.1

ITEMS FOR CONSIDERATION

7.1.1

Mohawk Lake District Plan – Final Plan [Financial Impact – None], 2020-345

• 1. THAT Staff Report 2020-345 regarding the Mohawk Lake District Plan – Final Plan BE RECEIVED; and
  2. THAT the final Mohawk Lake District Plan, attached as Appendix B to Report 2020-345, BE APPROVED; and
  3. THAT Planning Staff BE DIRECTED to proceed with an Application to Amend the Official Plan to establish the overall land use policy framework to implement the Mohawk Lake District Plan pursuant to Section 22 (2.2) of The Planning Act, R.S.O. 1990 and in accordance with Section 8.4 of Report 2020-345; and
  4. THAT Planning Staff BE DIRECTED to proceed with an Application to Amend Zoning By-law 160-90 to permit museum uses and an associated outdoor education and interpretive centre in accordance with Section 8.4 of Report 2020-345; and
  5. THAT a Staff led Mohawk Lake District Implementation Team BE ESTABLISHED with the mandate to lead and coordinate the implementation of the Mohawk Lake District Plan; and
  6. THAT the Mohawk Lake District Implementation Team REPORT BACK to Council with a work plan and to provide an update on implementation activities as necessary by the second quarter in 2021.

7.1.2

Application for Zoning By-law Amendment (Removal of a Holding “H” Provision) – PZ-17-20 – 140 Oak Park Road [Financial Impact – None], 2020-439

• 1. THAT Zoning By-law Amendment application PZ-17-20, submitted by MHBC Planning on behalf of Vicano Developments Limited, affecting the lands located at 140 Oak Park Road, to remove the Holding “H” provision BE APPROVED, for the reasons set out in Report 2020-439; and
  2. THAT Planning Staff BE DIRECTED to proceed with the preparation of a technical amendment to Zoning By-law 160-90 to consider the removal of uses from the General Industrial M2 Zone that are considered to be incompatible with future residential uses to the south, in accordance with Section 8.2 of Report 2020-439.

7.1.3

Applications for Zoning By-law Amendment (Removal of Holding “H” Provisions) – PZ-18-20 & PZ-19-20 – 375 Hardy Road and the lands formerly known as 395 Hardy Road [Financial Impact – None], 2020-441

• 1. THAT Zoning By-law Amendment Application PZ-18-20, submitted by MHBC Planning on behalf of Telephone City Aggregates (TCA), affecting lands located at 375 Hardy Road, to remove the Holding “H” provision BE APPROVED for the reasons set out in Report 2020-441; and
  2. THAT Zoning By-law Amendment Application PZ-19-20, submitted by MHBC Planning on behalf of Telephone City Aggregates (TCA), affecting 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 remove the Holding “H” provision BE APPROVED, for the reasons set out in Report 2020-441; and
  3. THAT the By-laws to remove the Holding “H” provisions from the lands subject to applications PZ-18-20 and PZ-19-20 not be presented to Council for approval until the Subdivision Agreements have been entered into between the applicant and the City.

7.2

CONSENT ITEMS

7.2.1

CAO COVID-19 Emergency Update 11.10.20 [Financial Impact: None], 2020-520

• THAT Report 2020-520 CAO COVID-19 Emergency Update 11.10.20 BE RECEIVED.

7.2.2

MINUTES

7.2.2.1

Committee of the Whole - Community Development - October 13, 2020

7.2.2.2

Committee of Adjustment - August 13, 2020

7.2.2.3

Committee of Adjustment - October 7, 2020

8.

RESOLUTIONS

9.

NOTICES OF MOTION

9.1

Working Towards a Uniform Business Education Property Tax Rate - Mayor Davis

• WHEREAS, in March 2007, the Province of Ontario,  intending to correct historical inequities in education tax rates, announced a phase in across the Province of uniform rates for commercial and industrial property classes (the “business education property tax rate”) over an eight year period ending in 2014; and

  WHEREAS the Province announced on March 27th, 2012, that business education property tax rate cuts, previously scheduled for 2013 and 2014, would be deferred until 2017-2018; and

  WHEREAS the adjustments deferred to 2017-2018 never occurred, resulting in a 2020 education tax rate of 0.98% for commercial and industrial properties in cities where the Province has applied the uniform rate, while in Brantford most commercial and industrial properties pay 1.25%, a difference of 27.5% in the education portion of the tax bill levied against commercial and industrial properties in the City of Brantford; and

  WHEREAS if the Province had fully implemented the business education property tax rate cuts originally promised in 2012, by 2017-2018 it would have reduced total property taxes for most commercial and industrial properties in the City of Brantford in excess of 8%; and

  WHEREAS the current provincial tax policy with respect to setting business education property tax rates is a significant factor that is negatively affecting economic development and business conditions in Brantford and the surrounding area; and

  WHEREAS the Mayor’s Pandemic Economic Recovery Task Force Action Plan adopted by Council this past June recommends the City advocate to senior levels of government for funding opportunities and relief measures for local businesses and organizations;

  NOW THEREFORE BE IT RESOLVED:

  1. THAT the Mayor BE REQUESTED to send a letter to the Premier of Ontario and the Ontario Minister of Finance on behalf of Brantford City Council requesting that the Province complete, forthwith, the implementation of a uniform education property tax rate across the Province; and
  2. THAT the Mayor further BE REQUESTED to collaborate with the City of London, and other mid-sized Ontario cities that are impacted by this inequity, in working towards the implementation of a uniform business education property tax rate throughout the Province.

10.

ADJOURNMENT