TOWN OF GRIMSBY Planning & Development …...TOWN OF GRIMSBY Planning & Development Committee Agenda...

TOWN OF GRIMSBY

Planning & Development

Committee Agenda

Tuesday, July 10, 2018

7:00 p.m.

Town Hall, 160 Livingston

Avenue

Page

1. Call to Order

2. Disclosure of Interest

3. Delegation

a) Leo Rossetto, Romlee Homes - on behalf of Nicole Patterson, 33

Victoria Terrace

4. Reports

3 - 7 a) Report P.A. 18-24 - 33 Victoria Terrace

8 - 35 b) Report P.A. 18-21 - Section 37 - Community Benefits

36 - 38 c) Report P.A. 18-20 - Official Plan Consolidation and Corrections

39 - 46 d) Report P.A. 18-22 Site Plan Agreement 87 Main Street East

47 - 76 e) Report P.A. 18-19 - Site Plan Agreement 560 North Service

Road

77 f) Report DBE 18-5 - Vehicle Inspection Replacement

78 - 92 g) Report DBE 18-6 - AMPS Program for Non-Parking Offences

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Planning & Development Committee

Agenda

July 10, 2018

Page

93 - 97 h) Report DBE 18-7 - WLMH Parking

5. New Business

6. Closed Session

a) Closed Session under Section 239(b) personal matters about an

identifiable individual, including municipal or local board

employees - Nominations for the Ontario Heritage Trust Awards

7. Open Session

8. Correspondence

98 - 105 a) Comments from Adam Mottershead - Section 37 Implementation

Guidelines Policy Analysis

9. Minutes

106 - 109 a) Public Meeting Minutes - Meeting held on June 19, 2018

110 - 112 b) GEDAC Minutes - Meeting held on June 27, 2018

113 - 117 c) HGAC Minutes - Meeting held July 5, 2018

10. Adjournment

a) The next meeting of the Planning & Development Committee is

September 11, 2018.

If you require any accommodations for a disability in order to

attend or participate in meetings or events, please contact the

Accessibility Advisory Administrator at 905 309-2003 or hsoady-

[email protected]

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P.4.18-24

REPORT TO:

DATE:

RE

Alderman N. DiFlavio, Chair and Members of thePlanning & Development Committee

Designation under Section 29, Part lV of the Ontario HeritageAct, 33 Victoria Terrace

July 10,2018

1.0 RECOMMENDATION:

That Report P.A. 18-24 regarding Designation under Section 29, Parl.lV of the OntarioHeritage Act be received;

And consideration of the proposed heritage designation be held in abeyance pendingstaff discussions with the property owner to consider potential conservation solutions forthe property and cottage at 33 Victoria Terrace and further evaluation of the heritagefeatures of the property;

And that staff be requested to bring forth a report to a future meeting of councildetailing:

. The outcome of discussions with the property owner;

. Any agreement reached with respect to conservation of the heritage resource;

. The outcome of any further research or evaluation of the heritage resource; and

. A draft notice of intention to designate for council's consideration if necessary.

2.0 BACKGROUND:

At its meeting of July 4,2018, the Heritage Grimsby Advisory Committee considered a

report from staff recommending that the property known as 33 Victoria Terrace be

designated under Section 29, Part lV of the Ontario Heritage Act and that a notice ofintention to designate be issued.

The property was included in the Grimsby Register of Heritage Resources on April2,2018 after consultation with the Heritage Grimsby Advisory Committee. The propertywas included as part of a continuing initiative of the heritage advisory committee toupdate the municipal heritage register. The owner acquired the property prior it beingincluded on the municipal heritage register.

The property was identified for its potential association with the Ontario MethodistCampground/Grimsby Park, as a surviving example of one of the cottages of woodconstruction dating from this period of the history of Grimsby Beach.

Agenda item a)

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Report P.A.18-24 Part lV of the Ontario Heritage Act33 Victoria Terrace

July 10, 2018

ln 2015, Council included Grimsby Beach as part of its inventory of Significant CulturalHeritage Landscapes. Victorian Cottages were included among the attributes thatreflect the value of the Cultural Heritage Landscape as an important link to the history ofGrimsby.

The owners of the property met with the town on a number of occasions concerning aproposal to replace the existing home with a new home on the property. The owners ofthe property would be required to go through site plan approval, minor variance and

building permit processes prior to construction of the home. The nature of the status ofthe lot boundaries would also need to be determined through a legal opinion in advanceof any approval.

The key determination that needs to be made at this time, before the owner can proceedwith its plans is the heritage status of the property, and whether the property is worthy ofdesignation under Section 29, ParI lV of the Ontario Heritage Act and therefore shouldbe preserved in any redevelopment of the property.

Staff prepared a research report to assess the prospect of designating 33 Victoria Terraceunder Part lV, Section 29 of the Ontario Heritage Acf, recognizing it as having culturaland heritage value to the Town.

ln considering the heritage value of the property, Town Staff have assessed the propeftyagainst the criteria under Ontario Regulation 9/06 for determining cultural heritage valueor interest. ln order to ensure accuracy and objectivity, staff retained the services of Dr.

Marcus Letourneau, CAHP of Letourneau Heritage Consulting lnc. to conduct a peer

review of the staff report. The Heritage Research Report was also provided to theapplicant who engaged David J. Cuming, Professional Consulting Services, CulturalHeritage Resource Planning and Conservation, to peer-review the report. Based on

consideration of the expert advice of the peer review, staff modified the HeritageResearch Report posted on the July 4, 2018 Heritage Grimsby Advisory Committeeagenda which contains a full breakdown of the analysis. The Statement of Heritage Valueor lnterest for 33 Victoria Terrace as determined in the report is as follows:

The dwelling has contextual value as it contributes to the historicalstreetscape which can still be seen on Victoria Terrace, along the water.Historically, the dwellings were very close together, had similar rooflinesand design elements including ornate woodwork along rooflines andspindles on the porches. Evidence of this characteris sf/ prominent in thearea, though many homes have been modified to allow for modernamenities. The subject dwelling retains its decorative bargeboard linkingits decorative roofline to the historical vista of Victoria Terrace.

The building is visually and historically linked to its surroundings. Astravelers arrived at the Camp Grounds in the late 1800s and early 1900sby steam boat, the cottages on Victoria Terrace, including the subiectdwelling would be among the first things they would see. /f is for thisreason that the dwelling's contribution is significant to fhe sfreefscape and

Page 2 of 5

Agenda item a)

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July 10,2018

v¡ews from along the waterfront as a landmark that visitors to GrimsbyBeach would see when they arrived by boat.

HERITAGE ATTRIBUTES TO BE DESIGNATED

The following architectural attributes were determined to contribute to the heritage valueof the dwelling and constitute part of the Statement of Cultural Heritage Value or lnterestfor 33 Victoria Terrace:

. Gabled roofline;

. Exterior, original walls of the dwelling;

. Decorative sunburst bargeboard on the north elevation; and

. The form, scale, and massing of the primary structure on the property

The decorative sunburst bargeboard on the north elevation, which was in place as lateas April 25,2018 while the staff report was being prepared, has been recently removedfrom the building and no longer remains as an attribute as listed in the HeritageResearch Report. Staff are subsequently recommending modifying the Statement ofHeritage Value or lnterest and the list of Heritage Attributes to remove reference to thesunburst feature (see appendix A)

Staff concluded in the Heritage Research report that the dwelling at 33 Victoria Terracemeets three of the criteria set out in the Ontario Heritage Actfor designations under PartlV Section 29, and therefore recommended to the Heritage Grimsby AdvisoryCommittee that the subject property be designated under Part lV of the Acf.

The owners of the property have indicated that they do not support the designation of33 Victoria Terrace under the Ontario Heritage Act, and gave a presentation to theHeritage Grimsby Advisory Committee in opposition to the proposed designation. Mr.David Cuming also spoke to the Heritage Grimsby Advisory Committee indicating that inhis professional opinion 33 Victoria Terrace did not meet the criteria for designationunder the Ontario Heritage Act.

The Heritage Grimsby Advisory Committee passed the following recommendation at itsmeeting on July 4,2018:

GH-18-17Moved by Ald. N. DiFlavio; Seconded by A. Brabant;Resolved that Report G.H. 18-04 regarding the recommendation that 33 VictoriaTerrace, be designated under Part lV of the Ontario Heritage Act, be received.

And that the Heritage Grimsby Advisory Committee recommends that the propertyknown as 33 Victoria Terrace be designated under Section 29, Part lV of theOntario Heritage Act and a notice of intention to designate be issued.CARRIED

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Agenda item a)

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July'10,2018

Denise Baker, Legal Counsel for the owners of the property at 33 Victoria Terracesubsequently requested that the consideration of the designation be deferred, as theowners were not able to be present at the Planning and Development Committee orCouncil.

After some consideration of the request, staff concurred with the deferral of any decisionof Council after the July 1 0,2018 Planning and Development committee. The subjectitem would be considered by Planning and Development Committee at its July 10,2018meeting, however, consideration by Council of the Notice of lntention to Designate,which would typically be scheduled for its meeting of July 16,2018, is recommended by

staff to be deferred to a future meeting of Council.

4.0 CONCLUSION

Staff concur with the owner's request for deferral both on compassionate grounds andon the understanding as expressed by the owner's legal counsel that her clients wouldparticipate in discussion with town staff to consider potential options of compromise thatwould, provide them with a home that meets their needs while also protecting theheritage of the property and the Grimsby Beach cultural heritage landscape. Thedeferral would also allow for further research and evaluation of the cottage to takeplace, This would include potential review of interior elements referenced by the ownerin their presentation to the Heritage Grimsby advisory committee. The intent of staff is

to present as clear as possible advice and information to Council about the heritage ofthe property, and further review would facilitate that.

Respectfully Prepared by Respectfully Submitted by:

ntce , RPP Mic n, MCIP, RPPior Planne Director of Planning

tjh

Attachments - Appendix 'A' Statement of Heritage Value or lnterest, 33 Victoria Terrace, Grimsby

Page 4 of 5

Agenda item a)

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Report P.4. 18-24 Part lV of the Ontario Heritage Act33 Victoria Terrace

July 10,2018

APPENDIX A

Statement of Heritage Value or lnterest, 33 Victoria Terrace, Grimsby

The dwetling has contextualvalue as it contributes to the historicalstreetscape which can st¡ll be seen on Victoria Terrace, along the water.Historically, the dwetlings were very close together, had similar rooflinesand design elements including ornate woodwork along rooflines andsprndles on the porches. Evidence of this character rs sf/ prom¡nent in thearea, though many homes have been modified to allow for modernamenities.

The buitding is visually and historically linked to its surroundings. Astravelers arrived at the Camp Grounds in the late 1800s and early 1900sby steam boat, the cottages on Victoria Terrace, including the subiectdwetting would be among the first things they would see. lt is for thisreason that the dwelling's contribution is significant to the streetscape andviews from along the wateffront as a landmark that visitors to GrimsbyBeach would see when they arrived by boat.

HERITAGE ATTRIBUTES TO BE DESIGNATED

The fotlowing architecturat attributes have been determined to contribute to the heritagevalue of the dwelting and constitute part of the Statement of Cultural Heritage Value orlnterest for 33 Victoria Terrace:

, Gabled roofline;, Exterior, original walls of the dwelling; and. The form, scale, and massing of the primary structure on the property

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Agenda item a)

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P.A.18-21

REPORT TO:

RE:

DATE:


SECTION 37 COMMUNITY BENEFITS . OFFICIAL PLAN AND ZONINGBY-LAW AMENDMENT AND IM PLEM ENTATION GUIDELINES

July 10, 2018

1.0 RECOMMENDATION:

That Report P.A. 18-21 regarding proposed revisions to the Town's Section 37 communitybenefit policies and regulations be received;

And that a By-law be passed adopting the proposed Official Plan Amendment attached asAppendix 'B'to this report as Amendment No. 7 to the Town of Grimsby Official Plan, and thatthis amendment, once in force, be consolidated by staff into the Official Plan;

And that the proposed Zoning By-law Amendment attached as Appendix 'C' to this report beapproved by Council;

And that the proposed implementation guideline document attached as Appendix 'D' to thisreporl be endorsed and approved by Council.

2.0 BACKGROUND:

At a meeting of the Planning & Development Committee on June 1 9th, 2018, a statutory publicmeeting was held regarding town-initiated amendments to the Official Plan and Zoning By-lawto implement changes to the Town's Section 37 community benefit policies and procedures.Also included in the discussion at this meeting was a proposed Section 37 community benefitimplementation guideline document to direct future Section 37 community benefit applications.

During this meeting, members of the public commented on a number of issues related to theproposed amendments and implementation guideline document. As a response to thisfeedback, the Planning & Development Committee passed the following resolution.

PD-18-49

Moved by Ald. D. Wilson; Seconded by Member K. Agnew;

Resolved that Report P.A. 18-18 regarding the proposed revisions to the Town's Section37 Community Benefit Policies and Regulations be received;

And that the Draft Section 37 Community Benefits Policies and Regulations be revisedand presented at the July 1Oth, 2018 Planning Committee meeting for final approval.

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Report P.A. 18-21 JulY 10, 2018SECTION 37 COMMUNITY BENEFITS

OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT AND IMPLEMENTATION GUIDELINES

And that the proposed Official Plan Amendment attached as Appendix "4" to this reportbe revised to incorporate the changes recommended by staff;

And that a By-law be passed adopting the proposed Official Plan Amendment asAmendment No. 7 to the Town of Grimsby Official Plan;

And that the proposed Zoning By-law Amendment attached as Appendix "8" to thisreport be approved by Council;

And that the proposed implementation guideline document attached as Appendix "C" tothis report be endorsed and approved by Council.

Since this meeting, staff have worked with the consultant to revise the proposed Official Planamendment and implementation guideline document based on consideration of the inputreceived. The updated Official Plan Amendment is attached as Appendix 'B'to this report, andthe updated implementation guideline document is attached as Appendix 'D'to this report. Theproposed Zoning By-law Amendment, which has not been revised since the statutory publicmeeting, is attached as Appendix 'C' to this report.

3.0 DISCUSSION:

Attached as Appendix 'A' to this report is a comment matrix which describes how public inputhas been considered and addressed in the revised Official Plan Amendment andimplementation guideline document.

The revisions that have been made to the documents are primarily technícal in nature, and willserve to further reinforce the transparency and consistency of the Town's Section 37 communitybenefit process.

As outlined previously in Planning Report P.A. 18-18, staff have concluded that the proposedOfficial Plan and Zoning By-law Amendment and Section 37 lmplementation Guidelines conformto the policies of the Provincial Policy Statement (PPS) (2014), the Growth Plan for the GreaterGolden Horseshoe (2017), the Region of Niagara Official Plan and the Town of Grimsby OfficialPlan.

4.0 GONGLUSION:

Staff recommend that the revised Official Plan and Zoning By-law Amendments and Section 37implementation guideline documents be approved by Council.

Section 37 of the PlanningAcf is an important tool municipalities can use to ensure thatappropriate facilities and benefits are provided in communities where development andintensification occurs. The Town is currently experiencing significant intensification anddevelopment. The proposed changes will make certain that the Town is able to use this tool toits fullest extent to achieve such important goals as the provision of more affordable housing,heritage preservation, streetscape and park improvements, as well as enhanced communityfacilities when an increase in height and/or density is deemed appropriate from a planningperspective.

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Agenda item b)

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Report P.A. 18-21 July 10, 2018SECTION 37 COMMUNITY BENEFITS

OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT AND IMPLEMENTATION GUIDELINES

Under the Memorandum of Understanding between the Region of Niagara and the ïown, theTown will act as the approval authority for the proposed Official Plan Amendment.

Respectfully Prepared by Respectfully Submitted by

nksSenior Planner

Appendices:. Appendix'A'- Comment Matrix. Appendix'B'- Proposed Official Plan Amendment. Appendix 'C' - Proposed Zoning By-law Amendment. Appendix 'D'- Proposed lmplementation Guideline Document

Michael Seaman, MCIP, RPPDirector of Planning

/as

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APPENDIX A Town of Grimsby I Section 37 OPA and lmplementation Guidelines - Comment Matrix I June 27,2018

ResponseChanged 3.21o 4.2

Changed'should' to'will

A review of the guidelines is generally appropriate, but the timeframe does not need to be linked to a term of Council. Every 5years would be appropriate.

Change made:"A review of the Section 37 lmplementation Guidelines should beconducted generally every five years. The Town's Planning Staffshall prepare a report identifying whether any changes arerequired and submit it to Council for review."

Although it is not required or necessary to have a policy in orderto create implementation guidelines, such a policy would createa logical link between the Official Plan and the lmplementationGuidelines.

Change made:

"9.4.8 The Town shall prepare and regularly update Section 37lmplementation Guidelines to provide direction on how thepolicies of Section 9.4 will be implemented."

Comments by D. BothwellPage 30, 5.3 Monetary Value Determination "As set out inSection 3.2..." should be corrected to read "As set out inSection 4.2"Page 32: 7. Administration - change "An annual report "shouldbe" to "will be". To be fully transparent to the public amandatory annual report is required.

Wording should be included under Administration that theseguidelines will be reviewed at least once during the term ofCouncil (every four years).

Section 9.4 of OPA should include wording that "Town maydevelop guidelines to support the implementation of thebonusing provisions of this Plan to ensure a transparent andequitable process."

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Town of Grimsby I Section 37 OPA and lmplementation Guidelines - Comment Matrix I June 27,2018

A completed Planning Justification Report should alreadyprovide rationale to justify the development and any associatedheight and / or density increase. The Newmarket examplerequires that the applicant identify and propose an appropriatePublic Benefit type and location.

ln the case of Grimsby this identification of appropriatecommunity benefits will be determined by Town Staff and theWorking Group and not by the applicant.

Yes this is appropriate clarification.

Change made to policy 9.12.3 of the Official PlanSection 5.4 provides sufficient detail for any appraiser tocalculate base and up-lift value.

No change recommended.

Section 5.3 indicates that the Ward Alderman is part of theWorking Group.

No further change required

A "Bonusing Justification Report" explaining the rationale forincreased height/density should be required as part of the"completed application" under Section 9.12.3 of the OP andincluded in the amendment.

Add wording in the OPA that requires an appraisal (asapplicable) be included as part of a "complete application" (asstated on pg 31 of the guidelines)The specifics of how the appraisal should be calculated (usingbase gfa/uplift gfa) should be included in Section 37 guidelinedocument as a terms of reference for any independentappraiser

The Ward Alderman should be included in the initialnegotiations to determine the value of the community benefit, asthey are most aware of the potential negative impacts andcommunity needs.

Agenda item

b)

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Any further increase would require a further rezoning whichwould trigger a Section 37 Community Benefit, but this could beclarified in Section 7 of the Guidelines.

Change made to Section 7 Administration

"Any subsequent amendment to an approved Zoning By-lawAmendment, which proposes to further increase height and/ordensity of the development will require the applicant to conduct anew appraisal and negotiate a new Section 37 Agreement withthe Town."Agree that for phased cash contributions, the cash contributionshould be indexed.

Change made to Section 6.1 Timing of Agreement

"Where a cash contribution is phased, the value of thecontribution will be indexed with the Statistics CanadaConstruction Price lndex from the date of the agreement to thedate of payment."

Reference is deleted in the Official Plan Amendment

Changed made to Section 11.3.3.2. a)

lf an OPA/ZBA, or minor variance, to further increase theapproved height or density of the development, is subsequentlybrought fon¡rard, the original appraisal/valuation must be redoneand the Section 37 agreement must re-negotiated. Wording tothis effect should be included in the guidelines.

Pg 32. "For large developments, cash payments may bephased, subject to planning staff recommendation and Councilapproval."

The initial land value should be based on the Phase 1 site planand each additional phase should be appraised at the time ofbuilding permit issuance. Some phases take years, and theappraisal valuation significantly increases. The value ofcontributions should be indexed with the Stats CanadaConstruction Price lndex from the date of the agreement to thedate of payment.On page 7 "as noted previously...staff recommended thatSection 11.3.3.2. a) be removed from the OP as part of the OPAthat is adopted by Council." The Purpose of the Amendment(pg 1 2) #2 and the OPA as prepared (pages 21-23) do notinclude wording to remove 11.3.3.2 a). This should be includedon page 19 and 23 o'lthe OPA

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b)

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The zoning bonus is only permitted up to the maximum set outin the Official Plan or a site specific Official Plan Amendment.

No change required

Table t has been updated to reflect the GO Secondary Plan

The maximum is set out in the Official Plan

Discretionary height and /or density is what the existingprovisions permit, allowing for 20o/o bonusing. We heard fromthe public that the discretionary heights and / or densities werenot appropriate.No change recommended.

Page 4 of the lmplementation Guidelines, Section 5.1

These designations set out the maximum height and densityrequirements as summarized in the following tables. Applicationsfor a Zoning By-law amendment may be permitted up to themaximum in Table 1, provided appropriate community benefitsare received in accordance with this guideline.

Should it state 'up to the' or "above the maximum"

Table 1 does not include the approved GO Secondary Plan areaheights and densities. These should be included

Table 1 should absolute maximum height and densitythresholds for bonusing - similar to Newmarket where theyshow the min/max and discretionary height/density withbonusing. This clearly sets the upper limit for any developmentand tells the developer just how much "wiggle room" there isbetween the "max" and the "discretionary max" on a case-by-case basis. This sky is not the limit and by putting this languageinto the OPA and guidelines, it sets the stage for Council tohave solid footinq if challenqed at the LPAT.

ResponseChanged "should" to "will"

The Ward Alderman is part of the Working Group.

No change required.Currently the Guidelines state that the Town will identifyqualified Appraisers that the applicant must use and pay for

Gomments by A. MottersheadSection 5.3 "A working group should be formed to recommendan appropriate community benefit." Change'should' to'shall'Suggest that the Guidelines include the provision that " TheWard Alderman must be consulted prior to and during anynegotiations" for Section 37 benefits.Section 5.4 "Monetary Value Determination" with regards to theappraisal process: A

genda item b)

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A terms of reference prepared by the Town would be useful andthe guidelines have been revised to reference Terms ofReference.

Addressing disputes with the appraisal is appropriate to discussin the guidelines.

Change made to Section 5.4

"Should there be a disagreement between the Town and theapplicant on the value of the increase, the Town or the applicantmay wish to initiate a second appraisal, at the applicant'sexpense, from a Town approved list of appraisers and based onthe same terms of reference as the first appraisal."

A clear and definitive Terms of Reference should be developedand the guidelines should clearly indicate that it is the Town thatwill have oversight of the appraisal and that adeveloper/applicant would fund this appraisal in advance.Lack of dispute resolution with regards to appraisal

Agenda item

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APPENDIX B

THE

AMENDMENT ilffiIffi

TO THE OFFICIAL P

OF THE TOWN OF SBY

PREPARED BY

OF GRIMSBY PLANNING DEPARTMENT

Agenda item b)

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PART I:

TABLE OF CONTENTS

THE CERTIFICATION

Certification PageAdopting By-law of the Town of Grimsby

PART II: THE PREAMBLE

TitlePurpose of this AmendmLocation of this AmeBasis of this Amend

PART lll: THE AME

1. The Amendme

1

234

Agenda item b)

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PART I: THE CE RTIFICATION

"The enacting portion attesting the official statusof the document."

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PART I: TH ERTIF¡ ATI

AMENDMENT

TO THE OFFICIAL N

OFTHE TOWN O IMSBY

Amendment iffiffi to the I Pla the Town of Grimsbyconstituting the following re the Town of GrimsbyPlanning department aGrimsby by By-law NoPlanning Act, R.S

nd th uncil of the Town ofSection 17 of The

Town Clerk

on of

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PART II

"An introduction to thea summary of its bac

The Preamble doesthe Amendment.

n

ment anand basis."

pa rt of

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PART II: THE PREAMBLE

1. TITLE

This Amendment shall be known as:

Amendment No. --to the Official Plan

of the Town of Grimsby

2. PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is to the amend Section 9.4 of the Townof Grimsby Official Plan. This amendment will provide the Town with newpolicy direction in regards to Height and Density Bonus Provisions ofSection 37 of the Planning Act.

3. LOCATION OF THIS AMENDMENT

Amendment No. -- applies to all development applications that request anincrease in height and or density in exchange for community benefits.

BASIS OF THIS AMENDMENT

Pursuant to Section 37 of the Planning Act,1990, the Town of Grimsbyexpanded their Section 37 requirements. This Amendment providesbroader goals and objectives regarding desired community benefits in

exchange for increased height and/or density. The amendment alsoincludes more comprehensive policies that address monetary valuedetermination and a,requirement that applicants enter into a Section 37agreement with the r'¡unicipality. The policies thereby provide a moretransparent and rigorous process for evaluating development applicationsand ensuring that appropriate community benefits, facilities or services areprovided in exchange for an increase in height and/or density.

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PART III: THE AMENDMENT

"The operative part of this document which amendsthe original Official Plan."

Agenda item b)

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PART III: THE AMENDMENT

THE AMENDMENT

The following changes are proposed for the policies in Section 9.4 Heightand Density Bonus Provisions as well as changes to Section3.4.4.3,9.12.3 and 1 1.3.3.2 of the Official Plan. Deletions are shown instrikethrough lettering, while additions are shown in bold font.

1. Section 9.4.1 amended through bold for new text as follows

Pursuant to Section 37 of lhe Planning Act, 1990, as amended from timeto time, Council may in a Zoning By-law authorize increases in heightand/or density of devetopment, othenvise permitted by the by-law thatwill be permitted in return for the provision of such facilities, services orother matters as set out in the zoning by-law.

2. A new Section 9.4.2 should be added as follows

9.4.2 The municipality will only authorize an increase in heightand/or density in exchange for community benefits where:

a) The proposed development exhibits good planning principlesthat are consistent with the intent of the Town's Official Plan;

b) Adequate infrastructure is available to support the increase inbuilding height and/or density; and

c) The value of the community benefits has a reasonable planningrelationship to the proposed increase in building height and/ordensity.

The former Section 9.4.2 should be renumbered Section 9.4.3 andamended through the strikeouts for deleted text and bold for new text asfollows:

9.4.3 The municipality's objectives in authorizing such increases in

height and/or density are:^\

-fa {1.'n nrnrrioinn nf r rndarnrnr rn¡l nr in l.r¡ ¡il¡linn norVina Í¡rqJærsqrv rrrv l.

d To eneeurage the preservatien of buildings or struetures ef histerieal

erarehiteetu ral merit,

a) To encourage the provision of rental housing;b) To encourage the provision of affordable housing,c) To encourage and ensure the conservation of heritage

landscapes and built heritage resources

3

Agenda item b)

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4

d) To encourage the provision of community facilities, includingcash contributions for community facilities that are of benefit tothe community.

Section 9.4.3 to be renumbered Section 9.4.4 with no change to thecontent:

9.4.4 The Zoning By-law will establish detailed developmenf standardsthat would apply when a bonus is awarded and the relationship betweenthese standards and the conditions, which must be met if the bonusstandards are to apply.

Section 9.4.4 to be renumbered Section 9.4.5 and amènded through thestrikeouts for deleted text and bold for new text as follows:

9.4.5 The municipality may-alse requires the owner to enter into one ormore agreements with the municipality, which will set out thecommunity benefit to be provided, the means of obtaining thecommunity benefit and the timing of construction, provision orcontribution of the community benefit. @ieq

6 Section 9.4,5 to be deleted through'the strikeouts for deleted text asfollows.

Offieial-Plan pelieies provided it rneets the general intent ef the OffieialPlan and ether area speeifie pelieies with regard te the parameters ef theAe¡s+ty+ens€+ngt Hewever; ne residential develepmenf may be granted

@7. A new Section 9.4.6 should be added as follows

9.4.6 Where heights and / or densities set out in the Town ofGrimsby Zoning By-law are proposed to be increased up to theheights and/ or densities permitted in this Plan or as permitted byan approved Official Plan Amendment, Council shall requirecommunity benefits in exchange for the increased height and/ ordensity provided the tests of Section 9.4.2 are met.

B. A new Section 9,4.7 should be added as follows

9.4.7 Section 37 community benefits will only be permitted withinareas considered to be Cultural Heritage Landscapes if the benefit

5

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prov¡ded results in the preservation and/or restoration of buildings,structures or landscapes of historical or architectural merit.

9. A new Section 9.4.8 should be added as follows:

9.4.8 The Town shall prepare and regularly update Section 37lmplementation Guidelines to provide direction on how the policiesof Section 9.4 will be implemented.

10. Section 9.12.3 to be amended to add a new subsection as follows:

o) A land appraisal based on a terms of reference prepared by Townstaff;

11. Section 3.4.4.3 to be deleted in its entirety:

The Tewn may eenside' þuildings up te 12 storeys in exehang+fer theprevisien ef eemmunity benefits in aeeerdanee with Seetien 37 ef the

12

P+an+ing-A€t,

Section 11.3.3.2.a) to be amended through the strikeouts for deleted textand bold for new text as follows:

The maximum height of any building shall be 12 storeys. The Tewn rnayeens¡Aer hiChg

the applieant submits transpertatien; view eerrider' and shadewingstudies; whieh dernenstrate thalthe'inereased heighÊ+¡#ill have neadverse impaet and,that views te the lake are preteete*

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APPENDIX C

The Gorporation of the Town of Grimsby

,By;lap¿ No. XXX

A By-law to Amend By-Law 14-45, As Amended

Whereas the Council of The Corporation of the Town of Grimsby ems it expedient toamend Section 4.22of Zoning By-law14-45, as amended:

Therefore the Council of the Corporation of the Town of nacts as follows:

1 . Delete, in its entirety, Section 4.22 of the Zoning

Read a second and third time and finally passed this

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APPENDIX D Town of Grimsby I Section 37 lmplementation Guideline

TOWN OF GRIMSBYGUIDELINE

SECTION 37 IMPLEMENTATION

1. PREAMBLE

Section 37 of the Planning Act (1990) authorizes the council of a localmunicipality to permit an increase in the height and/or density of a proposeddevelopment in exchange for the provision of facilities, services or communitybenefits. Although Section 37 applies to all Ontario municipalities, a municipalitymust include provisions for density bonusing in their Official Plan.

The objective of Section 37 is to provide municipalities with a planning tool toensure that appropriate community facilities and benefits are provided incommunities where development and intensification occurs. Section 37 intendsto facilitate win-win opportunities for both the municipality and the developer,increase in height and/or density represents good planning and that the value ofthe community benefits have a reasonable planning relationship to the proposedincrease in height and/or density.

The benefit of Section 37 is that it'provides municipalities with a transparent andcomprehensive framework in which to assess bonus zoning. Directing increasedheight and/or density to the Town's intensification areas, which include theDowntown and Winston Secondary Plan area, help to protect the Town's stableneighbourhoods. Directing additional growth near or adjacent to transit hubs,such as the GO Station at Casablanca Boulevard, assists in supporting transit.

Despite these broad benefits afforded by increased density, individualapplications must still be evaluated to determine that the increase in densityand/or height represents good planning, conforms to the Official Plan and can besupported by infrastructure in the area.

The Town of Grimsby's Section 37 process ensures that the community benefitsreflect community needs. Appropriate community benefits are secured throughexisting comrnunity needs studies or through a working group, whereby the Townplanning staff, in consultation with the Ward Aldermen, the applicant and localresidents decide on the realm of appropriate community benefits. This processensures that appropriate benefits are secured for the community in which thedevelopment is proposed. An agreement is required to bind the developer to theagreed upon terms for which their community benefit or cash contribution is to beprovided. The following sections of the lmplementation Guideline provide furthercontext and direction on securing community benefits and negotiating anagreement with the applicant.

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Town of Grimsby I Section 37 lmplementation Guideline

2. PURPOSE

The purpose of the Section 37 lmplementat¡on Guideline is to provide Councilwith a framework to determine appropriate community benefits where increasedheight and density are being sought through an amendment to the Official Planand Zoning By-law. This document also aims to assist applicants and residents in

understanding the Section 37 community benefits process. The lmplementationGuideline intends to ensure that growth and development aligns with the visionand objectives as set out in The Town of Grimsby's Official Plan. The Section 37lmplementation Guideline will help the Town in evaluating developmentapplications and determining appropriate community benefits, facilities orservices associated with the proposed increase in height and/or density.

This Section 37 lmplementation Guideline outlines:

. how Section 37 of the Ptanning Act will be applied in the Town ofGrimsby;

. the type of developments subject to Section 37 community benefits;

. how the proposed increase in heights and densities are valued in relationto proposed community benefits; and

. the process for negotiating Section 37 Agreements, including the role ofPlanning Staff, Members of Council, the applicant, and residents.

3. JURISDICTION

Pursuant to Section 37 of the Planning Act, Council may authorize anamendment to the Zoning By-law, in the form of increases in height and/ordensity of development, in return for the provision of such facilities, services orcommunity benefits as set out in a zoning by-law amendment. Thislmplementation Guideline supplements the Town of Grimsby's Official Plan,Section 9.4 Height and Density Bonus Provisions and will assist Council, theapplicant and residents in determining appropriate community benefits.

As per the policies'in Section 9.4 of the Official Plan, when authorizing a heightand/or density bonus, the Town's main objectives are encouraging the provisionof rental housing, the provision of affordable housing, the preservation ofbuildings or structures of historical or architectural merit and the provision ofother community facilities of benefit to the community. The Official Plan requiresapplicants to enter into a Section 37 Agreement with the municipality, which willset out the community benefit to be provided, the means of obtaining thecommunity benefit and the timing of construction, provision or contribution of thecommunity benefit.

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As per policy 9.4.6 of the Official Plan, Council may approve an application forZoning By-law Amendment for increased height and / or density up to a

maximum height and / or density permitted in the Official Plan or permitted by anapproved Official Plan Amendment. Where Council approves such anamendment application, it shall require community benefits in exchange for theincreased height and/or density provided that it fulfills the thresholds outlined in

Section 9.4.2 of the Official Plan and section 4 below.

Section 37 community benefits will only be considered in areas that arerecognized to be cultural heritage landscapes, as per the Provincial PolicyStatement, if, as identified in Section 9.4.7 of the Official Plan, the obtainedcommunity benefit involves the preservation and/or restoration of buildings,structures and landscapes of historical or architectural merit.

4. THRESHOLDS FOR CONSIDERING A DENSITY BONUS

When implementing a density bonus under Section 37 of lhe Planning Act, lhefollowing thresholds must be met:

4.1 The proposed development must represent good planning.

Prior to being considered for a Section 37 bonus, the proposed developmentmust exhibit good planning principles and must conform with the Town ofGrimsby's Official Plan including with applicable Town policies, such as Policy3.4.7, Design Policies for Residential Neighbourhoods and Policy 3.5.6 DesignPolicies for the Downtown District. The development must also be compatiblewith the scale and character of the surrounding area and have minimal impact onneighbouring uses. The development must accommodate the necessary on-sitefunctions such as parking, landscaping and recreational facilities as well as haveadequate engineering services and transportation systems to accommodate theincrease in density. As per the vision in Section 2.1 of the Official Plan, "Growth

will complement the significant natural features of the Town, protect andstrengthen the scenic beauty that is provided by the backdrop of the escarpment,the Lake Ontario waterfront, and the rural countryside. Growth will be based onprudent infrastructure planning and strong policies that will define where growthwill occur, preserve the natural environment, maintain the quiet and peacefulcountryside and foster the building of an active, attractive and walkable urbancommunity". Town planning staff will provide Council with a recommendation onwhether the application represents good planning and conforms to the OfficialPlan. Council then decides on whether to approve the zoning by-law amendmentapplication and seek a Section 37 bonus.

4.2 ReasonablePlanningRelationship

A reasonable planning relationship must exist between the community benefitand the increase in height andior density in the proposed development. There

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should also be a geographic relationship between the proposed developmentand the community benefits, facilities or services. Highest priority will be given toon-site provision of community benefits, followed by the allocation of communitybenefits within the neighbourhood in which the proposed development is located.

5. PROTOCOL FOR DETERMINING COMMUNITY BENEFITS

5.1 Height and Density Threshold

Developments are considered eligible for Section 37 community benefits if theyare located in the Medium Density, High Density, Mixed Use or Downtowndesignations.

The Official Plan sets out the maximum height and density restrictions for each ofthe designations as summarized in the following tables. Applications for aZoning By-law amendment may be permitted up to the maximum in Table 1,

provided appropriate community benefits are received in accordance with thisguideline.

Table 1: Maximum Heights & Densities - Existing Designations

DesiqnationlZone Max Density Max HeiqhtMedium DensityResidentialArea

60 units per hectare 3 storeys, possible4 in Secondarv Plans

High DensityResidentialArea

120 units perhectare

8 storeys unless Secondary Planpermits alternative

Residential/MixedUse Area

60 units per hectare 4 storeys

Mixed Use -Medium Density

N/A 6 storeys

Mixed Use - HighDensity

3 times lot area 12 storeys

Downtown - MainStreet

N/A 4 storeys

Downtown-Transition

N/A 3 storeys south of Main St.W./Livingston Ave, 4 storeys butCouncil may authorize up to 6 storeysnorth of Main St. W./Livingston Ave.

Downtown -lntensification

N/A 4 storeys but Council may authorize upto 6 storeys

GO StationSecondary Plan

Low Densily '.25

units per hectare

Medium and Mixed-Use Medium

As per Schedule H of OPA 6, buildingsheights are set out for specific areasand range from 3 to 18 storeysdepending on the area.

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Density: 60 unitsper hectare

Mixed Use HighDensity: 3 times lotarea

As noted in the following table, the Official Plan does not specifically regulatedensities for Downtown-Main Street, Downtown Transition or Downtownlntensification designations and their corresponding zone, as density will beconsidered a product of the relationship between height and lot coverage.

Within the Downtown lntensification designation and the DowntownTransition designation, the Official Plan sets out a maximum height to protectviews of the Niagara Escarpment; however Council may still consider zoning by-law amendments for increased height if a visual impact assessment is submittedand demonstrates that views of the Escarpment will not be detrimentallyimpacted.

5.2 Potential Community BenefitContributions

Section 37 community benefits are capital facilities and/or cash contributionstoward specific capital facilities. Community benefit contributions do not entitleany reductions in Developrnent Charges and will be over and above what willotherwise be achieved through, other sections of the Planning Act and the Townof Grimsby Official 'Plan. The following is a non-exhaustive list of appropriatecommunity benefit facilities and services.

. Provision of new affordable housing in the form of land, residential units orcash contributions;

. Provision of or improvements to open space, parkland or communityfacilities (i.e. daycare, libraries, community centres, recreational facilities);

. Non-profit arts, cultural, community or institutional facilities;

. Public art;

. Provisions of streetscape improvements;

. Enhanced urban design and place making features;

. Provision for multi-modal transportation facilities;

. Enhanced public access to Natural Heritage Features, or trails and openspaces in the Niagara Escarpment;

. Conservation and preservation of cultural heritage resources;

. Land for municipal purposes, beyond that othenryise required under thePlanning Act,

. Enhanced environmental development performance standards or LEEDcertification that exceeds that required by the Official Plan; and

. Other local improvements identified through Community lmprovementPlans, Secondary Plans or LocalArea Studies.

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Cash contributions may also be accepted as a community benefit as part of theSection 37 bonus zoning provided the implementing zoning by-law establishesspecifically where the money will be spent.

5.3 Community Benefits Should Reflect Community Needs

Community benefits will be determined on a case-by case basis and will reflectthe needs of the community. The assessment process will be led by Townplanning staff, in consultation with the Ward Aldermen, the applicant and a

working group of local residents.

A working group will be formed to recommend an appropriate community benefit.An announcement seeking volunteers for the working group can be included in

the notice for the open house and announced at the open house. Volunteers canconfirm their interest by corresponding with planning staff. The selection ofresidents participating in the working group will ultimately be decided by TownStaff and the Ward Alderman. The working group should include the followingkey stakeholders.

. Town planning staff,

. The applicant and its planning consultant,

. Ward Aldermen, and

. 5 to 10 Local residents.

The working group will commence its evaluation of the application's communitybenefits after the fir:st open house. The Planning Staff will first determinewhether existing community needs have been identified in the local area throughstudies or plans, such as Secondary Plans, community facility studies, Parks andRecreation Master Plans or Comm,unity lmprovement Plans. These studies willbe presented to the working group. The studies may identify a range ofcommunity facilities, services or matters that should be provided or supported ona priority basis. lf the previous studies have not identified priority communityfacilities, the working group will identify a realm of potential community benefits,including suggestions by the applicant.

The working group will compile their findings and recommendations from theirassessment, and Town staff will present it to residents at the statutory publicmeeting where the public will have an opporlunity to comment on the proposeddevelopment and the appropriate type of Section 37 community benefits.

Local area studies, public input, and the working group suggestions will informthe planning staff's recommendation for the community benefit contribution. Thisrecommendation will be included in the Town's planning report for the applicationand put forward to Planning Committee for approval. lf the Planning Committeerecommends approval of the application and the community benefit, Townplanning staff will then work with the applicant to prepare the Section 37Agreement.

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5.4 Monetary Value Determination

As set out in Section 4.2, the proposed community benefit must have areasonable relationship to the proposed increased height and density.

Where affordable housing is provided, an additional dwelling unit or additionalgross floor area equal to one dwelling unit may be permitted for every affordablehousing unit provided.

Where rental housing is provided, an additional dwelling unit or additional grossfloor area equal to one dwelling unit may be permitted for every two rentalhousing units provided.

For all other community benefits, the value of the community benefit must becompared to the value of the increased height and or density. ln these cases,the secured community benefit will be valued by determining the residual landvalue resulting from the increase in height and/or density. lf an applicantproposes an amendment to the Zoning By-law that seeks an increase in heightand/or density, they must conduct a land appraisal, based on a terms ofreference to be prepared by Town staff. The applicant will bear the cost of theappraisal and select an appraiser from the Town's list of qualified, independentreal estate appraisers. This appraisal must be included with the applicationsubmission. The appraisal must be based on the value of the land the daybefore the application is submitted, and consider the up-lift value based on theanticipated date of adoption, once the appeal period lapses. Should there be adisagreement between the Town and the applicant on the value of the increase,the Town or the applicant rnay wish to. initiate a second appraisal, at theapplicant's expense, from a Town approved list of appraisers and based on thesame terms of reference as the first appraisal.

The appraisal will be used to determine the monetary (land lift) value and willserve as a basis for determining the value of the community benefit. Theappraisal will include:

. Land value based on "as of right" maximum height and density (baseheighVdensity); and

. Land value based on "as proposed" maximum height and density(proposed height/density).

The differential between the "as of right" and the "as proposed" is the increase in

land value. The Town will generally seek to secure, through community benefits,approximately 30% of the increase in land value resulting from the increase in

height and/or density, subject to negotiations between the Town and theapplicant. The final value of the community benefit will be determined on a case-by-case basis and will be based upon a reasonable planning relationshipbetween the justified benefits and the anticipated development.

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5.5 Negotiation

Town staff and the applicant will work cooperatively and respectfully throughoutthe negotiation process. Town staff and the applicant will work to resolvedisputes in a timely manner.

5.6 Exemptions to Section 37 Community Benefits

Non-for-profits that provide affordable housing are exempt from Section 37requirements. As per the Official Plan, Policy 2.5.6, Development Charges andCommunity Benefits may be waived or exempted for new affordable housing inreturn for a commitment by the applicant to meet specified affordability targets,design requirements, and where applicable, requirements under a seniorgovernment housing program. Exemption will be subjeet to review of theapplication by planning staff.

6. SECURING AND IMPLEMENTING COMMUNITY BENEFITS

The community benefit will be secured through a site-specific Zoning By-lawamendment and Section 37 Agreement. The Section 37 Agreement will set outthe following details.

. summary of the community benefits, facilities or cash contribution that hasbeen secured;

. the value of the Community Benefits; and

. the specific timing of the provisions, improvements or facilities.

6.1 Timing of Agreement Execution

The agreed-upon Section 37 community benefit will be included in the Zoning By-law amendment, which will be introduced to Council for approval. The timing ofprovisions or payments of benefits will be set out in the Section 37 Agreement.The actual payment or provision of community benefits will not occur until afterexecution of the development agreement as set out in the Section 37 Agreement.

Some community benefits, such as affordable housing units or space for daycarefacilities within the development, will be provided once the development isconstructed. Other off-site facility improvements or cultural heritage conservationcould take place prior to completion of the development.

Cash contributions towards community benefits must be secured and paid priorto issuing a building permit. For large developments, cash payments may bephased, subject to planning staff recommendation and Council approval. Wherea cash contribution is phased, the value of the contribution will be indexed with

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the Statistics Canada Construction Price lndex from the date of the agreement tothe date of payment.

7. ADMINISTRATION

Funds for Section 37 community benefits will be collected by the PlanningDepartment and held in a Section 37 Reserve Fund. The funds will be managedby Accounts Payable & Receivable, who will also be responsible for maintaininga record of all cash payments received under this policy. An annual report shallbe distributed to Council outlining the Community Benefit contributions secured inthat previous year and the actual community benefits funded.

lf cash contributions for Section 37 community benefits have not been spentwithin a three-year period, the allocated funds can be redirected towards anothercommunity benefit, without the requirement of an amendment to the site-specificZoning By-law. The redirected community benefits must still represent areasonable planning relationship to the original application. The planning staffmust submit a report explaining the decision behind the redirection of communitybenefits to the Council. The redirection of community benefits is subject toCouncil approval.

Any subsequent amendment to an appr,oved Zoning By-law Amendment, whichproposes to further increase height and/or density of the'development will requirethe applicant to conduct a new appraisal and negotiate a new Section 37Agreement with the Town.

A review of the Section 37 lmplementation Guidelines should be conductedgenerally every five years. The Town's Planning Staff shall prepare a reportidentifying whether any changes are required and submit it to Council for review.

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P.A. l8-20

REPORT TO:

DATE:

RE


OFFICIAL PLAN CONSOLIDATION AND CORRECTIONS

July 10,2018

1.0 RECOMMENDATION:

That Report P.A. 18-20 regarding the proposed Official Plan consolidation and corrections bereceived;

And that the proposed corrections to the Official Plan included in this report be adopted;

And that staff be directed to consolidate the Official Plan to incorporate all approved OfficialPlan Amendments and the adopted corrections.

2.0 BACKGROUND:

Section 9.14.5 of the Town of Grimsby Official Plan states as follows

9.14.5 Public notice and a public meeting shall not be required in connection withOfficial Plan changes, if such changes relate to a consolidation of the OfficialPlan, which will not affect the policies and intent of the Otficial Plan in anymaterialway, and may include the following matters:

a) Deleting obsolete provisions;b) Altering the number and arrangement of any provisions;c) Punctuation or altering language to obtain a uniform mode ofexpression; andd) Correcting clerical, grammatical or typographical errors.

All such changes shall be adopted by Council.

The Official Plan was last consolidated in January 2016. Since this time, a number of OfficialPlan amendments have been approved that need to be consolidated into the Official Plan.

ln addition to this consolidation, staff have identified several typographical and clericalcorrections that should be made to the Official Plan text. These are identified in the followingsection of this report. None of the proposed corrections will affect the policies and intent of theOfficial Plan in any materialway.

Per section 9.14.5 of the Official Plan, these changes need to be first adopted by Council priorto them being incorporated into the consolidated Official Plan.

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Report P.A. 18-20 July 10,2018OFFICIAL PLAN CONSOLIDATION AND CORRECTIONS

3.0 PROPOSED CORRECTIONS:

The proposed corrections are as follows

4.O CONCLUSION:

The proposed corrections identified above are all minor, and will not affect the policies and

intent of the Official Plan in any material way. Staff recommend that these corrections beadopted by Council so that they can be incorporated into the Official Plan in order to improve itsclarity and readability.

ln addition to the proposed corrections, staff recommend that Council direct staff to consolidatethe Official Plan to include all approved Official Plan Amendments. These amendments havealready been approved and are therefore already in effect. Their consolidation into the OfficialPlan will clarify their permissions to anyone reading and reviewing the Official Plan.

Once the Official Plan has been consolidated, staff will place an updated copy on the Town'swebsite.

Current Text Proposed Correction Reasoning11.3.2.1 Permitted Usesa) Within the Mixed Use - MediumDensity Residential Areadesignation, shown on Schedule R,permitted uses shall include:

Replace "Schedule R" with"Schedule F"

Schedule R does notexist. The correctreference is toSchedule F.

Legend - Schedule FI enUrcnmsnì¡l ?lotrtttün Allt! EnvlronnruÞl PþEci¡on Alla

I Environmcnl¡l Prtûcctlon Anr

I Emrircnmrntrl Colucrvrtlon Aru

The EnvironmentalConservation Arealayer is improperlylabelled.

12.6.8.10 Front Property SetbacksTo create a consistent street wall toframe Casablanca Boulevard, Northand theSouth Service Roads and to createan active streetscape, design should

Remove the word "North" The Grimsby GOTransit SecondaryPlan Area does notinclude the NorthService Road.

12.6.8.13 Built Form, Mid RiseBuilding DesignA mid rise buildings is considered tobe any building 4to 11 storeys inheight.

Replace "mid rise buildings"with "mid rise building"

Corrects grammaticalerror

12.6.8.14 Built Form, Tall BuildingDesignb) Tall building guidelines that arecritical to the overall vision or theSecondary Plan Area include:

Replace "or'' with "of' Corrects grammaticalerror

12.7 .2 General lmplementationc) The Town Grimsby Zoning bY law;

Add "of'between "Town" and"Grimsby"

Corrects grammaticalerror

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Report P.A. l8-20

Respectfully Prepared by

nksnior Planner

las

OFFICIAL PLAN CONSOLIDATION AND CORRECTIONS

Respectfully Submitted by:

Michael Seaman, MCIP, RPPDirector of Planning

July 10,2018

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P.4.18-22REPORT TO

DATE:

RE

Alderman N. DiFlavio, Chair and Members of the Planning &Development Committee

Site Plan Application, 87 Main Street East

July 10,2018

1.0 RECOMMENDATION

That Report P.4.18-22 regarding site plan approval by 2413687 Ontario lnc. at 87Main Street East be received and that the application be approved subject to theconditions outlined in Appendix "A" of this report. Further that a by-law be forwarded toCouncil for approval that authorizes the Mayor and Clerk to sign the agreement on theTown's behalf following the applicant meeting the conditions of approval to thesatisfaction of the Director of Planning.

2.0 BACKGROUND

An application has been received for site plan approval by the owner of the lands at87Main Street East. The subject site has an existing medical building and the proposal isfor a new addition to the front with changes to the parking area. The location of thesubject site can be seen in Figure 1 below.

A map depicting the subject site located at 87 Main Street East. The property is indicatedby the yellow outline. (Source: Mitown, July 2018).

Figure 1.

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P.A.18-22 Site Plan Application87 Main Street East

July 10,2018

2.I PROPOSAL

The proposed development consists of an addition to the front of the existing medicalbuilding with a new accessible parking space at the front. The proposal also involvesimprovements to the parking lot to the rear of the site.

The following materials were submitted in support of the application. Site Plan;. Floor Plans;o Elevations;o Urban Design Brief; and. Site and Grading Plan.

Figures 2lo 4 below depicts the proposal

L

Figure 2. The proposed site plan at 87 Main Street East. (Source: Tarbutt Construction Ltd.,2018).

-!€

Figure 3. The proposed Main Street elevation at 87 Main Street East. (Source: Urban Design Briefprepared by MB1, dated January 2018).

*Tl-'.4 i

-1

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P.4.18-22 Site Plan Application87 Main Street East

July 10,2018

3.0 OFFICIAL PLAN POLICY

The subject site is designated Low Density Residential Area under the Official Plan.Medical clinics are not a perm¡tted use in the Low Density Residential Area but theOfficial Plan has policies that allow for land uses that were lawfully in existence prior tothe passage of the implementing zoning by-law and that continue to be used for suchpurpose to be deemed to conform to the intent of the Official Plan for the purpose of theby-law. The subject site is zoned to permit the clinic use under the current zoning by-law. The intent of the Low Density Residential designation is that stable residentialareas be protected from significant redevelopment, while at the same time permittingongoing evolution and rejuvenation. The area surrounding the subject property isdesignated as Low/Medium Density Residential, with uses consisting of single detacheddwellings, a retirement home and various commercial uses. The area could beconsidered transitional in nature, as its mixed uses sit between the Downtown District tothe west, and the more stable neighbourhoods to the east and south. Staff are of theopinion that the medical clinic use at the subject site meets the intent of the Official Planand that the proposed addition would enable the ongoing evolution and rejuvenation ofthe area.

4.0 REVIEW

4.1Zoning Conformity

The subject site is zoned Convenience Commercial CC under Zoning By-Law 14-45, asamended and medical clinics are a permitted use. A minor variance application (A-24117) was approved to allow for a reduced sideyard setback oî 2.5 metres and to allowfor one accessible parking space to be located in the front yard.

The proposed addition will be in line with the existing sideyard setbacks of the building.The existing building is located closer to the easterly lot line than the requirements ofthe zoning by-law. As such, the variance was approved to permit a reduced setback of2.55 metres where 3 metres is required.

Parking is not permitted in the front yard of Convenience Commercial Zones. Thisprovision is intended to restrict the placement are parking lots to the rear of commercialbuildings in order to protect the streetscape. As only one space is proposed in the frontyard, and it is proposed to be an accessible space to enhance the accessibility of thesite, the variance was approved.

The proposal conforms to the zoning by-law and approved variances for the site

4.2 Site Layout

The site abuts a retirement home to the west and single detached development to thenorth. To the east is are townhouses towards the rear of the site and abutting the site tothe east at Main Street is a single detached dwelling. The existing building is locatedalong the easterly portion of the site with access to the rear parking area up the westerly

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July 10,2018

side of the site. The proposed addition will be at the front of the existing building with anew accessible parking space at the front. ln the parking lot to the rear of the site, 2 newaccessible parking spaces will be provided and the lines for the remaining 17 parkingspaces will be painted.

4.3 Gompatibility

The proposed addition and parking space at the front of the site would enhance theexisting Main Street streetscape by creating a central entrance door and increasing theamount of fenestration within the front elevation. The proposed materials include stuccowhich is generally discouraged within the Main Street streetscape. Staff require thesubmission of updated cladding materials to the satisfaction of the Director of Planning.The proposed signage lettering shown on the streetscape renderings conforms to theDowntown Grimsby Design Guidelines demonstrating that it is appropriate signage forthe Main Street streetscape. The signage will need to be added to the elevation plan tothe satisfaction of the Director of Planning and a condition of approval has beenincluded in Appendix'A'to address the signage and cladding materials.

The subject site is located in a transitional area along Main Street East which includes amix of commercial and residential uses and a mix of building forms. The proposedaddition for the existing commercial building would be compatible with the mixedcommercial/ residential character along this section of Main Street. Figures 4-8 belowdemonstrate the building forms along the north side of the Main Street East streetscapesurrounding the subject site.

The existing commercial building at the northeast corner of Main Street East and MapleAvenue. (Source: Google Maps, July 2018).

Figure 4.

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Agenda item d)

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P.4.18-22

Figure 5.

Site Plan Application87 Main Street East

July 10, 2018

The existing building between the corner building at the northeast corner of Main StreetEast and Maple Avenue and the retirement home next to the subject site. (Source: GoogleMaps, July 2018).

The existing retirement home building abutting the subject site to the west. (SourceGoogle Maps, July 2018).

Figure 6.

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P.4.18-22

Figure 7.

Site Plan Application87 Main Street East

July 10,2018

The subject commercial building at 87 Main Street East can be seen in the centre of theabove image. The adjacent dwelling to the east can also be seen in the above imageimmediately to the right of the subject commercial building. (Source: Google Maps, July2018).

The dwelling that abuts the subject site to the east can be seen to the left of the aboveimage and the residential character of Main Street East continues on from this buildingeastward. (Source: Google Maps, July 2018).

Figure 8.

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July 10,2018

4.4 Engineer¡ng and Serv¡cing Review

The Public Works Department provided technical comments regarding the grading anddrainage and requested a detail of the retaining wall. Suggestions for improving thealignment of the proposed access¡ble parking space with respect to the driveway andproposed internal sidewalk were also included. A condition has been included inAppendix 'A' to this report to address the technical comments of the Public WorksDepartment.

4.5 Fire Department

The Fire Department reviewed the application and had no objections.

4.6 Region of Niagara Comments

The Region reviewed the application and provided comments regarding the 1.5 metreroad widening that is required to be granted to the Region. A certificate from an OntarioLand Surveyor is also required following the completion of construction activities toverify the location of all survey evidence. The Region's requested conditions have beenincluded in Appendix 'A' to this report which address these matters as well as theReg ional permit requirements.

5.0 coNcLUStoN

Staff recommend approval of the site plan application subject to the conditions listed inAppendix'A' to this report.

Respectfully by Respectfully Submitted by

Janice Hogg, MCI P man, MCIP, RPPSenior Plannertjh

Director of Planning

Attachment: Appendix 'A' - Conditions of Approval

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July 10,2018

Appendix'A'Conditions of Approval

Town of Grimsby Planning Department

1. That the south elevation and proposed materials are reviewed to the satisfactionof the Director of Planning.

Town of Grimsby Public Works

2. The applicant must satisfy the technical requirements of the Town of GrimsbyPublic Works Department.

Region of Niagara

3. That the owner dedicates an approximate 1.5 meter road widening (as confirmedby an Ontario Land Surveyor) to the Regional Municipality of Niagara along thefrontage of Regional Road 81 (Main Street East) priorto the issuances of a buildingpermit, to the satisfaction of Niagara Region in accordance with Regional OfficialPlan Policy 9C.

4. That prior to any construction taking place within the Regional road allowance, theowner shall obtain a Construction Encroachment Permit.

5. That prior to any new or altered site entrances onto Regional Road 81 (Main StreetEast) being constructed, the owner shall obtain a Regional Entrance Permit.

6. That prior to installation of the proposed sign, the owner shall obtain the requiredRegional Sign Permit for the sign shown on Site Plan with Proposed Addition,DWG No. SP-01, by Tarbutt Construction Ltd. (dated January 19,2018), orsubsequently approved versions by the Region.

7 . That the owner agrees to obtain a certificate from an Ontario Land Surveyor statingthat all existing and new survey evidence is in place at the completion of thedevelopment.

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P.A. t 8-19 26SP-t6-1706

REPORT TO:

RE:

DATE:

Alderman N. DiFlavio, Chairman and Members of the Planning andDevelopment Committee

Application to Revise Approved Site Plan at 560 North ServiceRoad

July 10,2018

1.0 MMENDAT

That Report P.A. 18-19, regarding an application to revise an approved site plan by LJMDevelopments (Grimsby) lnc., 560 North Service Road be received and that:

a) The site plan be approved subject to satisfying the conditions outlined in Appendix'A'to the report; and

b) That a by-law be passed that authorizes the Mayor and Clerk to sign thedevelopment agreement on the Town's behalf.

2.0 LOCATION/BAGKGROUND

The subject lands are located at the North East corner of the North Service Road andLakelawn Road as illustrated on Figure 1 below.

Figure l: Location Plan

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Report P.A.18-17 Application to Revise the Approved Site Plan at560 North Service Road

June'|'2,2018

The subject lands have undergone various application review processes including OfficialPlan amendment, zoning amendment and site plan in order to shape the built form detailsof the site. The development was also the subject of an OMB hearing regarding theOfficial Plan amendment to authorize an increase ¡n height to 15 storeys. The appealwas dismissed and the Official Plan amendment is in effect. The zoning amendment thatauthorizes the 15 storeys and permits a reduction in parking to 447 spaces is also ineffect. The Committee, at the last meeting, also recommended draft plan of standardcondominium approval for the subject lands.

An application has now been made for approval of a revision to the approved site plan.There are two primary revisions are the 15 storey wing and a second level of undergroundparking. Approval of the proposed site plan would implement the plans that weresubmitted with the OMB approved Official Plan amendment and zoning amendment.Table 1 and Figure 2 illustrate a comparison of the current proposed site plan relative toprevious versions:

ORIGINAL PLAN rzor¿r REVISED PLAN tzorsl CURRENT PLANRes. GFA 15,894 sq. m. 21,289.5 sq. m 25.737.6 sq. mGom. GFA 2,568 sq. m 1,982.7 sq. m 1.998.5 sq. m.

Units 152 213 261FSr 1.28 times the lot area 1.65 times the lot area 1.97 times lot areaCoveraqe 24.4o/o 30.5% 30.5%Heiqht 9 and 9 storeys 9 and 9 storeys 9 and 15 storeysParkins 367 spaces 360 spaces 447

Table 1: Site Evolution Statistics

2014 2016 2018

Figure 2: Evolution of Site Design

The following is a summary of the approvals that were given for the three versions of theplan:

ORIGINAL PLAN rzor¿l REVISED PLAN rzorol CURRENT PLANZoninq amendment Minor variance (parkinq) Official PIan amendmentSite plan approval Site plan (deferred) Zoninq amendmentBuildins permit (Phase 1) Draft plan of condominium OMB approval for OPADraft plan of condominium Foundation permit

Draft plan of condominiumTable 2: Approvals Obtained for Different Versions of Plans

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Report P.A. 18-17 Application to Revise the Approved Site Plan at560 North Service Road

June 12,2018

3.0 AGENCY COMMENTS

Public Works DepartmentThe Town's Public Works departments input has been implemented through the previoussite plan approval process. The servicing and grading for the site is virtually unchangedfrom the approved plans. The traffic impact has been assessed through the Official Planand zoning amendment application processes.

Region of NiagaraRegional Development Services staff has no objection to the approval of the site plan.They reviewed the proposed land use and built form through the Official Plan and zoningamendment process in context of Regional and Provincial policy and have haveconcluded that the proposal is compliant. They require issues with respect to wastecollection and noise mitigation to be addressed in the development agreement.Conditions that that address these technical issues are included in Appendix 'A' to thisreport.

Ministry of TransportationThe Ministry has not expressed any concerns regarding the revisions to the approved siteplan. The applicant will however be required to obtain a permit from the Ministry.

4.0 STAFF SITE PLAN REVIEW

There is an existing development agreement for this site that addresses most matters ofmunicipal interest regarding the at and below grade features and financial obligations.The implementation of the proposed plans into the development agreement requires aseparate agreement that simply amends the original agreement by replacing the oldarchitectural, engineering and landscape plans with the new plans.

The plans that have been submitted for this site plan review are identical to the plans thatwere scrutinized during the review of the Official Plan and zoning amendmentapplications. The review addressed many, what would normally be site plan issuesnamely compatibility, architectural details, traffic and parking, shadow impacts, zoningconformity and wind impacts. Staff ultimately recommended approval of the Official Planand zoning amendments based on the plans that were submitted with the applications.Report PA 16-43 is attached for reference of these items.

One of the staff recommendations in the report is conducting a more detailed review ofpotential landscape improvements that could be made to minimize the overlook impactalong the northerly lot line where the site abuts the rear yards of the abutting townhouses.Buffering along the northerly lot line is proposed to consist of a noise wall that wasconstructed for the townhouse development, and trees, which, as maturing, will providescreening above the noise wall during the outdoor months. Staff found this proposalgenerally acceptable. However, staff recommended further investigating this during thesite plan review to determine if better landscape screening solutions can be implemented.

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June 12,2018

4.1 Landscaping Along Northerly Lot Line

ln reviewing the landscaping along the northerly lot line, staff considered whether theappropr¡ate species are proposed to provide adequate screening and whether thelandscaped area is suitable to support the long term viability of the desired species. Staffengaged the services of a peer reviewer to provide expert advice. The following is asummary of the peer reviewers observations and recommendations.

4.1.1 Appropriate Species to Provide Adequate Screening

Selecting a higher caliper 70mm to 80mm would more immediate screen¡ng and more

visible height a year or two thereafter compared to a 50mm to 60mm caliper selection.

Looking at the proposed trees selected for this area both the Princeton Sentry MaidenhairTree and Autumn Blaze Maple will provide a privacy screen landscape where a verticalaccent is desired.

The Princeton Sentry Maidenhair Tree (male cultivar) has an upright narrow conicalgrowth habitatof 13-15m (43-50ft.) heightwith a spread of 6-8 m (20-26ft.). lt is a lowmaintenance plant with no serious insect of disease problems and excellent for narrowspaces. Requires either full or partial sun.

The Autumn Blaze Maple is a faster growing tree 18-20m (60-65 ft.) with a spread of 10-

12m (33-39ft.) and is a good choice for a dry site; however, it does prefer full sun duringthe growing season.

The Red Oak proposed would not be particularly conducive to this site development. Red

Oak doesn't grow well if it's close to other trees and needs room to grow preferring wideopen spaces such as a park setting. lt can grow 18 to 23m (60 to 75.ft) with a spread of14m (45ft.). This tree requires full sun as it gets older.

o Recommendation: Remove the Red Oak and replace it with Pyramidal EnglishOak -Quercus robur "Fastigiata" as it has a distinct pyramidal shape with densetight upright branching. Grows between 15-18m (50-60ft.) with a spread of 5-6m(17-20ft.) and is suitable for narrow spaces.

The Shadblow Serviceberry Amelanchier canadensis proposed can tolerate a wide rangeof soils and conditions however; the fruit from this type of tree is edible and dark in

colour. lt is not a good fit next to a parking area because of the fruit and bird guano

dropping on cars below.

o Recommendation: Remove the Shadblow ServiceberryAmelanchiercanadensisand replace with another suitable flowering tree (the Developer's LandscapeArchitect can decide).

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June 12,2018

Recommendation: A Pyramidal English Oak in the narrower spaces isrecommended in groups of 3-5 where poss¡ble and then alternated with the other2 tree select¡ons in groupings of 3-5 where possible.

4.1.2 Suitability of the Space to Support Proposed Species

While there may be some merit in taking into account the presence of the adjacent rearyards as a source of natural irrigation, it is not recommended as the sole source, as thesite should be self-sufficient.

Recommendation: The geotechnical report should be referenced to identify thetypes of soils in the surrounding area. The Developer's Landscape Architect canassist by having the Applicant providing a soil sample for testing at a soils lab,which would then determine what remediation would be recommended ifnecessary or whether "new" topsoil would have to be imported.

Recommendation: Rain falling on the rear yards of the adjacent residentialproperties to the north will contribute somewhat but with no guarantee if the areaencounters a dry, hot summer. Providing an irrigation system onsite at thisdevelopment would greatly assist and benefit the health and longevity of the plantmaterial proposed on site.

5.0 coNcLUSloN

Planning staff recommends approval of the application to amend the approved site plansubject to the conditions in Appendix "A" of the report so that it aligns with the OMBapproved Official Plan amendment, zoning amendment and draft plan of standardcondominium.

Prepared by: Respectfu lly submitted

tc Michae! Seaman, MCIP, RPPDirectorDeputy Director

Appendices

Appendix'A' - Conditions of ApprovalAppendix 'B' - Draft ByJaw to Authorize Development AgreementAppendix'C'- PlansAppendix'D'- Report PA 16-43

a

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Report P.A. l8-17 Application to Revise the Approved Site Plan at560 North Service Road

June 12,2018

APPENDIX "A"

Gonditions of Site Plan Approval560 North Service Road

26SP-16-1706

1. The Red Oaks are to be replaced with Pyramidal English Oak - Quercus robur"Fastigiata".

2. The Shadblow Serviceberry are to be replaced with another suitable floweringtree at the Landscape Architect's discretion.

3. A Pyramidal English Oak in the narrower spaces is recommended in groups of 3-5 where possible and then alternated with the other 2tree selections in groupingsof 3-5 where possible.

4. The applicant is to have the landscape architect take the results from thegeotechnical report that would indicate the types of soil in the surrounding area.The Landscape Architect can assist by having the Applicant providing a soilsample for testing at a soils lab, which would then determine what remediationwould be necessary or whether "new" topsoil would have to be imported in.

5. An irrigation system along the landscape strip abutting the northerly lot lines shallbe included on the landscape plans to the satisfaction of the Town.

6. The appropriate clauses shall be included in the development agreement withregard to Noise attenuation and waste collection to the satisfaction of the Regionof Niagara.

7. A draft of the development agreement shall be provided to the Region of Niagaraprior to registration. The Region of Niagara shall provide the Town with writtenconfirmation that the clauses noted in Condition 6 have been included to theirsatisfaction.

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June 12,2018

APPENDIX "8"

The Corporat¡on of the Town of Grimsby

By{aw No. l8-XX

A By-law to authorize a Development Agreement between LJM Developments andthe Corporat¡on of the Town of Grimsby for Block 2, Plan 30M-412, in the Town of

Grimsby

Now therefore the Council of the Corporation of the Town of Grimsby enacts as follows:

1. That the Corporation of the Town of Grimsby enter into an Agreement with LJMDevelopments, for the property known as Block 2, Plan 30M-412, in the Town ofGrimsby all of which have been approved by and filed with the Corporation of theTown of Grimsby.

2. That the Mayor and Clerk are hereby authorized to sign the said Agreement andthe Clerk is hereby authorized to affix the corporate seal thereto and to deliver thesame.

Read a first time this day of, 2018

Read a second and third time and finally passed this day of ,2018.

R.N. Bentley, Mayor

Hazel Soady-Easton, Clerk

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Report P.A.18-17 Application to Revise the Approved Site Plan at560 Norlh Service Road

APPENDIX ffc"

Renderi

June 12,2018

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June 12,2018

Page 9 of30

Agenda item e)

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Report P.A.'18-17 Application to Revise the Approved Site Plan at560 North Service Road

Second Level Underground Parking

June 12,2018

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Site Plan

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Report P.A. 18-17

Rcpot'tP;L 16-{3

Application to Revise the Approved Site Plan at560 North Service Road

APPENDIX '¡D''

June 12,2018

Files: 2@P-16-1603, 26LlGl60{

REPORT TO Aldermm N. DiFlavio, Chairman a¡d Members of the Plmniqg 66Develo¡ment Connittce

Applications Ofñciel Plan nnd Zoning Amendmenf at 560 NotlhSeniceRoad

Deceorber t3,2016

RE:

D.{TE:

I.O RECOMMENDAIION:

Thal RÊpod P-{'. 1643, regarding ¡plications to amend the Official Plan and zoning byJaw byLIM Developnræts (Gdnsby) Inc-" 560 l.ïorth Sen¡ice Road is received aûd that thapplications are a¡4roved. Further, ûe zooing by-law amendment sûall qp€ciff whiú facilities,senúces or matters will be givo in orcbalge for the increase in the heigbt of the developmmtthat is otherwise pemritted by the by-law

2.0 BACKGROIÍND/APPTICATION

Tbe subject lands are locatod at the Norh East csms cf the Nutb Serr¡ice Road and LakelawuRoadas illustrated on I below-

A previous sirc plan application was approved on the $¡bject lmds to p€mlit mdium deûsitymixed use danelopment on tlre srbject tâûds ploclc 2, Plæ 30M 412)- Phase I of the sile(westedybuildiag) is currentlyundcr constuction- The neigbbowing sites to tlæ rvest and aortl¡coosist of 72 md 38 existing toumbouse uoits rcspe*tively-

Applications haræ nou¡ been made for anendments to the Official Pla¡r and zoning by-law. Tbefollowing is â stxtunary of &e site statistics t&at s'lltnrrryize tbe changes that are proposed:

Page ! ol 17

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Agenda item e)

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Report P.A.18-17

R:pon: P*{. lú43 Deceuber 13, ?016.ttpplicarúols ro Auørd O6ci¡l ptü od Zoliry By-lâs

5õ0 l-lorô Se¡vice Ro¡d

APPROtr'ED PL{T{ PLåN

Note: tûe¡e are æ additional a3 partiry spaces fnÊftÊ

th¡t cmot be couated ton¡trds the minimrm zoning re$rirenrÊnt.

The following series of figures illusrate the cornparison between the approved plan and lhe

figurc 2: Perspective &om South West Corner {QEW} - Approved Top. Proposed Bottom

Page I *f li


June 12,2018

I¡tArea l-4 hectares 1.4 hætares?0"799.8 squ¡ne ueüesTotal res. Gross floor a¡ea

Total comnr Gross floor area 1"98?.7 sfl¡¡ne mÊres 1.998-5 squafe meües?13 26tTotal uumber ofres. Ulits

Floor soace index 1.65 times tbe lot area 1.98 times the lot a¡ea

Buildingcovsage 73-5s/o ?40/o

Total buildine heistrt I storew leach tuildins) 9 storeyr ild 15 storeysTotal parkingorov¡dÊd 36{l spaces (2,1 space deficit) 447 spaces O9 space deficit)

Page 15 of30

Agenda item e)

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Report P.A. 18-f 7

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Page 16 of30

Agenda item e)

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Report P.A. 18-17

Rrpon: P.{. lû{l I¡€ß¡úb¡r t¡,2016.Applicuioos ro Aurod Offci¡l Pl¡u sd Zoui¡g 8y-l¡r

5ff) ldorô S¡rr¡ice Ro¡d

figure 4: Perspective fromNorth East Cuncr {Prk) -ApprovedTop, ProposedBottom

fþrc 5: Eler¡atedPaspective fromAboveTonthsuses - Appro,red Top,ProposedBottmr

The prqpose of the Official Plan Aneodnrent is 1o allow fm an ircreased maximm buildingheight of 15 storeys on tbe subject lmds.

Thepurpose of the ZmingBy-Law Amendment is to increase the maximmheiibttquiracntfrom 9 storeys to 15 storeys a¡d a reû¡ctiæ in the parking rquiremeot ûom 466 to 44? lpaoes.

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June 12,20'|'8

Page 17 of30

Agenda item e)

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Report P.A. 18-17

Repon: P.A. l&13 Deceub¡r tl":ûló.*ppllcrtlols ro.{mend Ofãci¡l Pl¡r r¡d t6ning 8v-lår

5é0 Nort! Senice Ro¡d

The applicaat has also n¡bnútted the follo*"ing suppotliûg üaterials:¡ Revised TrafÍc and Parking Revierv Menror¡ndum - Pradign Ti.usportation Solutions¡ Revised SuniSbadow Shrdyr Revised Plennirig Juslifcation Reporto RevisedArchitech¡¡al Renderings¡ Pedestrian \l¡ind Assessment - Iætter of Opinionr Reuised Site Plms, FloorPlans andCross Sectionr Environnrental Noise Inrpact Study

3.0 PIIBLIC CO}TITh\TS

A¡ open house rvas held on October 11. 301é. The following is a sunrnrary of comnreots tl¡atu'€re r.rised by the public ald througþ correspondence:

r The need for a wind study was qræstioned;o The follorving inconsistencies n'ith Otrcial Plm policy n'ere suggested:

. Theproposd is 350p¡å above compliant;' 30% conmercial is reçtired but tfuere is only 8%:' Theproposal is rct compatiblewitl¡ townhouses;. At a 25m setback the builditrg is not pernritted to be ürore ll¡m ? storcys. Parkland is to be dedicated at 50,6 or I lnIl00 tmits. Pukingstrouldnotbe iUMTO land. The criteria for shadorv sftdies were çlestioned çüile cities like ltÍississruga

have theur,o There is a general concefil ¡bout the adeqrucy of tl¡e Farkiûg and that overflow cor¡ld

poteutially inrpct neighbouring developnerts;r The building dmigp appears to be inconsistent becatse of the mrious ameodurents over

time"r Concerns i¡,ere raised about the accrracy of the calculatiom such as gross floor index

and lot cover:¡ge;o Qæstions were raised about firefigþtiug capabilities of the ïorn for these types of

bnildinÊs;. It rvas opined that the taller buildings sl¡or¡ld be closer to Casablanc¡ Bouler,nrd;r A concern rvas raised about the corutantly changrng plans;r The fiafüc irryactq'as qæstioned.

¡.0 .{Ghls(:r cotr$rENls

This epplicatio¡ has beo circulaled internally to the rarior¡s deprhreuts that sit on the site plancon¡úttee aad extenully to tl¡Ë lvlinistry of Tïansportation ard the Regioa of Niagara. Thefollowing is a sunuuary of the con¡n¡ents receil'ed.

llinisnl' of Transpoltation

The applicant u,ill be required to obtain all of the aecessar]¡ pe,nuits *om MTO for the revisedplans.


June'12,2018

Ë.:ge ! +f 11

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Agenda item e)

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Report P.A. 18-17

Repon: P.å. À613 Ðece¡¡bt¡ 13,2ûlóApp¡icsrior5 to -.l,:rl€!¡d Ofñcisl p¡"o s¿ ¿çni¡g By-Lrw

5ó0 liorù Senice Ro¡d

Regional ìIuuicipali¡' of N'iagara

The follou'iûg coünrerts $'ere subnúttedbyilre Regional PlanningDepartnreot.

The subject land is located ç'ithin the Grinrsby Urban ¡lrea. as dcfned by tbe Regional OtrcialPlau (ROP)" The Grirusby Urban A¡ea is considered as a Settlefleot Area by the ?014 ProvincialPolicy Staterueut (PPS),

The ROP, :014 PPS urd ?00ó Gron'th Plan for the Greater Goldeo Horsestroe {Grou,th Planitogether direct der,tlopür€ût to take place in wban areas î[d stryport inteosiûed det'elopmentu'here appropriate senriciug and infrastn¡ctu¡e exists. Both Regioual rnd Provincial policy place

.ra snpbâsis on ù¡tensification and hftll as the preferred fo'ru of del'elopment to ltelp foster thedevelopuant of complete counn¡nities that trarre a mix of land t¡ses and houing types and are

active-fransportatios and tansit nrpportire. Regional staffnotes that tbe proposed del'elopmentis ocnnring h the l¡liaston Road Neighbonrtrood. n'hich is identified .ls one of the Torvn's tn'oIntsrsiñcation .{reas (the other beiug tbe Dou'ntoçu}. The der,'elqpmeut is also lvitlrin çlqseproxiuútyto the ñ¡ftue Casablanca GO l!Íobiliti'Hub aod the QEl[¡.

The sulrject lalrd is considered as Greeufield. ad in accmdance with Pror..incial and Regionalpolicy. must achier,'e a nrinimunr det¡sity of 50 jobs ad people per hectare. Currently. tlæ

Province is in tl¡e process of revie*"ing aud updatug the Grondl Plan Tlæ proposed ?016Growlh Plan prq:oses to i¡cre¡se the nrininurm Cireeoñetd Ðeusity Aon 50 people and jobs prhæta¡e to 80. 1l¡itb the proposed increase in rrsideatial units as u'ell as jobs geoerated by theconunercial coürpoû€nt of the dereþnent, this del'elop,nrent u'ill ggeatþ e*ceed botl¡requirements (approximately 3-53 pÈrsoûs per hectare).

Tlre subject laud is designated Resideutial / Mixd lJse Area in the Topn's Ofrcial Plan" ud isdesigprted as lvlixed IJse - Medir¡m Density u,ithiu tbe lUinston Road NeipfbotultoodSecondary Plan (l[¡RNSP]. TIre lvlixed Use - lvledfurm Density desi$ration peruritsdevelopnects of up to a nraxirn¡ü of ó storeys" As indicated abore- lhe subject lauds werepreviously grarted a nraûn¡un beigfrt of 9 storqt by Tolu Cot¡ncil. .Althougû the proposed

inrrease to 15 storeXr wor¡ld result in a heiglrt tbat is I storeys abora the naxinlrm set out in the

Town's Ofücial Plan (i.e. 6 slorep). Regional staf notes that the prot'ision of additionalresidential floor sprce lel'erages tlte ernerging character of tbe Winston Road æighboutltoodand the proximiry of the site to the planned GO Transit Rril Statioa This proposed hight isgeoerally consistent u'ith other recent developmeot applicationsJpropos.ds in lhe a¡ea (i,e. 10

trl¡indu'a¡d Avent¡e, forner Fifrh \Vheel Site. etc,)

The Tor¡n's Offrcial Plan require.s tbat tle floor area ratio density for the Mixed Use - HigltD€asify dcsigpation be between I md I times the lot area. The application is proposed lo hale a

density of 1.97 times the lot area. ç'hich ís consisteot witb tbe Tou'n's policl'- Generalll', theproposal appears to alþ rvith tl¡e inteut of the Toçu's Offichl Plm and the lorg terin ïision forthe Winston Road Neigl¡bourhood"

l.$oiseA soise study was originally prçared for this der,'elo'pneot by dBÅ Environ¡rental Ser','ices

lnc., (daled May ?014). and revierved by Ð. trV. Seberns., P.Eng. The original study assEssed

the inrpact of road uoi¡e ton: the QE1ÃI ard North Serr.ice Road on a I storey building andprovided reconuneud.rtions for mitigation of indoor sornd ler,'els corsistirg of l'eatilation


June 12,2018

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Report: P.Â. 16-13 De(eübêr 13, !01óApplicrtiolr to -{mend Ofûci¡l 9t¡¡ ¡ud Zoaiag By-lsw

56t Ì,lorth Senice Road

ûæ.r$tres (centnl air conditioning). door and ç'iudow coßtn¡ction requirements- and relatedlÂ'rflring clauses.

The applicant's proposed increase in heigl¡t and inkodr¡ction of a rË&' outdoor anreûity space oüthe 9th floor reçrires tl¡at the noise study for this der,'elopmot !:e updated. Also. tùe secoûdbuildiag propoßes to har,'e noise-sensitive indoor spaces erryosed to higfrw-ay rioise rmlike thefirst phasa uùich has a single loaded corridor facing the QElI't. This requireurent u'.rs iüdic.ltedto tlre applicant ûuing pre<ousultatiou A copy of tlr rer.ised roise sudy for this developureut$,as fl¡bnútted electronically to the Region by the Towl on Septeuber 1ó. !016. Regional staffu'ill provide detailed coilurents on the submitted study tluougfr the relrted site plan .udcondouiniur¡¡ applications.

LrndUse CompatibilityAs ¡oted in our conuueûts ou the prel,'ious applications {dated June 30, 301,1). there are noeiisting indrutrial facilities b the in¡r¡ediate vicinity of this developauent tl¡at u'ould result inland t¡se conflicts" The ne¡rest i¡dustrial uses tre separated ùoru this derelo'purent by tlre QEWrnd adjacent Sen'ice Roads q'ith tlrc John Deere rvarehouse aud property beiog situ"rted directlyto the south, As there are nearby !'acant industrial lands to tlre soutL a rvaming clause adr,'isiug

of possible occasional impacts &om potential futtue hdustrial facilities rvas i¡chded i¡ theI[¡inston-Oakes Road subdivision plao. It nuy be ad'r.is"rble to carry fon¡'a¡d a siurilar q'arniug

clause througþ dre site plan and condominiruu assunrplior agreeûreirt for this developmurt-

1f,¡aste Cbllertion¡\s noted in or¡r conlnreüts on the pren'ions rpplications (dated Jure 30. 1014), the applicantshor¡ld be ru"rde au¡tre thaf this del'elopment r¡'ill not be eligible to ¡eceive Regional t'astecollection ôre to the layout of the developrnent md. therefore- ir,astÈ pick-np will be theresponsibiliq'of lhe condominium corporation througS a pril'ate co¡rbactor. A waming clause tothis effe,ct rvill br required in the fuh¡re site plan and condominiunr assumption agtreenreot aud

included in agreanreffs of ptuchase and sale for each dlelling turit.

Co¡rclusionRegiornl Plming .ud Develqrnrent Sen'ices staff has no objectiou to the proposedA¡reodments to the OËicial Plan and Zoniug By-law. subject to the discussion above. Theprqposôd Official Plan Anendr¡rent is exaupted &onr Regional Council approral i¡ accsrdancewith lhe ltlernoranôun of Understanding. Planse forr¡'ard a cqpy of the drafr ¡\¡rendoreut for owrevierv prior to approl'al of the ¡l¡ren&lent by Comcil-

l$iagara Peuinsul¡ (lonsenation Åuthodq'

NPCA mapping and Regional Core Nahnal Heritage nupping indicates that the m$ect landsare adjacent to a tibutary of Lrke Ontario {?. This tribúr1'has been identiûed as a regrlatedfea$re urd as such. requires ¡ nininrutrl 15 metre setback to all developtreut and sitealterations. The property boundary for the su$æt lmds does not reach the ç'atercoruse or eitlrerside {east aad nest). as such, the buffer ruintained beyoad lhe propaty'botmdary is sufficient toprotect tlre ecological and hydrologic ñ¡nction of the identified watercourses. As n¡cl¡. NPCAstaffoffer uo objections to the subject applications.

F;geÌ+fiì

June 12,2018

Page 20 of30

Agenda item e)

of 117

Report P.A. 18-17

RÊport: P.å. ló-ll' Decembe¡ 13. :016,{ppl¡c¡tior! ta.*rûe¡d Offtid pt¡! old ¿¡ning By-lrû

560 ìIorù Sen{<e Ro¡d

5.0 PL{¡\¡NII\*(iREl:IE\l¡

5.I PROIT¡fCL{L -{¡fD REGION"{L PLAT\T{LNG POLICI"

The existing Grinuby Official Plm upon its apprornl r,r"s dÊ€ûred to be consistent q'ith theupper ti€r poticy docrunents includhg fbe PPS. Places to Grorr. Regional Otrcial Plau etc.Any del'elopment th¡t is cotsisteût$'ith the Official Plm is therefore also deemed be co¡sistentu'ith these other documents. IÃIkû an anrend¡nent is proposed to the Official Pla¡. a coufomútye¡rercise ülust be perfornred to detennine if the propoeed Official Plau policy is consisteot tvitl¡the upper tier policy as rvell as the intent and objectit'es of the Grimslty Offrcid Plan. Thefollowing is a sununary of this rel'ierv.

Tkougb a meororandr¡nr of understanding r¡,ith tlre Province. the Regional Municipality ofNiagara has been soruced the responsibility of addressing untfers of Pror.incial Interest througfrthe der,elopnent approval process with all of their relevmt miuistries rvitl¡ tln exceptiotr of the

Ntinist4r of Transportation They ha'ue concludtd that lhe proposal is consisteot with these

upper tier docuruents.

5.2 LOCALPL"$'INII\'GPOLICÏ

plenning staffl¡al'e r¡ndertaken a review of the proposed Ofücial Plan md zodng unendmeutap'plications and associated materials subnútted with them in context of local policy, ÏheOfficial Plan states in Sectioqs 1.4.3 ald 1.4.4 that:

*It is not intended th¡t this Pl¡n be amended unless substnntial eridence c¡ube plesented nùich will justif¡' such an amendme¡rt is based on gootlplanning. In determining rrhether ot" trot an nme¡rdment to tl¡e Plan isappropriate, r'egald sh¡ll be had to the ïision" nud ilIunicipal Snuctul'egoals. objectirns aud policies, untler Section !, as nell îs the policies, sfuell'rcquiremeuts ând er¡luatiou rrite¡ia nithiu the respectire lnnd use categotTunder Sectiou 3, and the implementntion policies found in Sectiou 9."

Based on oru rcview of the reler,'ant goals, objectil'es and policies" planning staffconclt¡des thatthe prorposed development is appropriate. Tlrre arÊ sontÊ reler,'alt overreaching objectil'es andpolicies aûd drtailed policies that ç.arra¡t particular atteotion. Tbe folloiling is a sumlrary ofthe main issues as r¡'e see them:

5.2.1 G¡'eenfield Policies

Section 3"4 Growth MaaageorentGoals:

r To maintain settla¡rent boundaries that contain sufficient land to accoluuod.rte growtltanticipated by this Ofücial Plan over the 30-yenr time frame of the Ofücial Plaa u¡til?031 as outli¡ed io RPPA ?-?009 (Schedule B) - Niagara Region Population, Horseholdand Enrployruent Ïargets by mrmicip.{if1'. TTre figrues in Schedule B are trgets to betned for the purposes of planning gyowtlt.

F:g* S. *i I i


June 12,2018

Page2l of30

Agenda item e)

of 117

Report P.A. 18-17

Reporl: P.A. lé-.¡l Dece¡¡ber 11" lû16.4,pplicrtiou lo Åuod Ofñcisl Pl¡r ¡¡¡d Zoniñg Bv-lås

56û North Sen{ce Ro¡d

. To del'elop .ls a coürplete balanced coülr¡ruûit]' with a dir,'erse mix of land uses. w'here

resideûts ha*e the opportrulity to live. work and play in the couunrurity.Objectives:

l. To ensure aa ordedy p,roetressioü of wbau derelop'nrent. and an efficieut use of land-inûastnrctrue and sen ices.

?. To create a balanced counnnity where enrplo]'nrent opporhurities are consistetrt lritlltlre available labour force. This is generally considered a ratio of I enrployee for et'er3'3residents.

l" To focus enrploXrnent grou(h in the QE1V Higllvaycøridor.

Eouehold ¡rd

Policies::.4"3 The Tonn shall target for au average ggoss density target of 50 jobs õrd persoos per

gtoss lrectare r.itbin tlrc designated greedeld a¡et. This .lsstuues a density of 35 jobsper etross hectue on the EnrploXrnett r\rea courponent of the desi¡¡nled greeufield area.

Though the Tonu of Grimsby's Gree¡rñeld density target is 50 jobs and people perhectare as per Places to Grow. it is realized tl¡at ¡ot esery site will be able to achieve tlnttarget. The Towrr will harn the flexibili¡'on a site by site basis hon'e','er: tlæ Tonn willclosely nonitor its Greenfield develo'pnrents to ensrue tlut G'rimsby's overall Greenfieldtarget will be achieved-

Discussion:The designated greeofield lar¡ds are ilh¡stnted by Figrue ó belorv ç'hich is an excerpt ûomSchedule'4" of tlre Oñcial Plan.

F,:r3t !',:f I i'

Application to Revise the Approved Site Plan ai560 North Service Road

June 12, 2018

9ÊßoniPcr Un¡tprul

1ôlJflllplrtrËnr

TÒl¡lEmploy,rnCrltlñcludln¡ilPFOW

Iot¡lImplûyll¡anlAcUYlty ß!tê

MunklpdltY Fo(Ëcl'tPGr¡od

fotdHoüiClold3

lôtdPÓp'

Tol¡lPo¡datonw{ttrU]|dÊrtÕflt

A7rt5 tasü! ¡-e5 ?516 8270 0.13GNIl,lSlY toD6ßqû) q.ìto 0.352û11 96tû 16000 ?7000 t.8!

?ntô lû5åa tafm ¡lt¡Sxl 2.78 921¡¡! l0flg! 0.34

¡.76 9çt{t lo3s 0.34?0¡l 1tt60 ¡98æ 1 r.00Írlo6ao 0.33to¿6 rrB?0 l&gm 3?ræ 2.7{) 9tto

1t¿¿t{t 3l5(X! t¡800 2.68 10t80 1004s 0.3{toSl

' . .'Dod¡nürd 6ro¡¡l¡ld /vs¡

Figure ó: Scheûtle Stn¡cn¡re

Page 22 of 30

Agenda item e)

of 117


Repon: P.A. 16ll Dere¡obe¡ ll. !û16Applicatiorr lo Ånørd Offi.id Plr[ ¡¡rd Zonùg By-law

5ó0l,Íortb Senice Ro¡d

Staff has calcr¡lated the perfomance of tlre l¡nds ü,*ithitr tlre greeufleld designation. T!rernalysis coriclûiles that developnrent u'itlrin lhe non-eurployretrl areâs ha1¡e bear signiûcantlyunderperfonùiûg. So much so that it is uot v€r!'tikely thal the target will be aclrieved rmless theeûrplopüert area alûrost dotrbles its assumed rate of 25 jobs per hectare. The developnrent ofthis site lras had a significant positilr impact on assisting in the effort to achiel'e tle target of 50people and jobs per hectare for lbe designated geenfield area.

5.!.! L¡nd tlse Policies

Section 3 -4 Resideutial l.IeiglrbourhoodsGoals:

r To acconu¡rod.rte a variety of lifestyles by encowaging a broad rarge of housing tlpesObjectives:

2. To prouote higher density. tansit suppofirn and ruixed use der,'elopurenttedel'elo'pmentin a¡rpropriate locations.

3- To flrcourage and facilitate üre proúrction of a rauge of dwelling fypes and forms oft€nure. including housing that is more affordable to the existing and fr¡ture residents ofGriusby"

4. To eûcor¡rage h¡gh quatity design tl¡at is euvironnrentally nrstainable aad is compatiblewith tlre cbaracter aad image of the adjaceil buildings-

3.4.5 ResidentialtlVlixed Use ¡\reaI¡tent:The Residential/il,lired tlse Area desigpation shoun on Scheû¡le B represants locationsthat have potential for intensüed developueot a¡d,br redevelopment in a mixed trse

fornr The lands designated as Residential,{vfixed IJse A¡ea a¡e ideal locatioas for a

mlxhue of resideutial. cow'eoieüce retail, seruice cunnrercial. nnd prestige enploJureutrses" It is tbe hteot of the Tow:r to pronrote the derrelopmenl'ledevelopûreril of tl¡e landsdesigrrated as Residenti¡1,1\,lired Use Are.r for higþer drûsity, üansit sqrpofil'e andr¡rlxeduse del'eloptrents that take ad'v'antage of the attributes of tlrcirphXsical loc¡fiou.General Policies:

1.4.5.3 Buildiûg heiglrts shall be u'ithin ¡ range of ? to 4 storeSs.

3.,1.5.3 The pennitted density slr.rll reflect that of tlre lvlediuu Demrty Residmtial Areadesignation.

3".1-5.4 The Tonn may penuil densities and heigþts that reflect those of the High D€ûsityResidential Area designation through approved Secondary Plans.

3.,t.5.7 All del'elopment *'itl¡in the Residential / Mlxed Use Are¡ designation shall be subject toSite Plan Control. a¡d shall codomr rvith the Design Policies for ResidentialNeigbbowhoods provided in Section 1.4.7.

1"4"7.8 Development (Titeria for Apartnent Buildtugs:e) \lrhere atr aparlûrer]t br¡ilding in excess of 4 storeys ioheigùt abuts a I¡w or b{ediruu

Density Residential designation or existing developamnt, a 45 degree argtlar planshall be established at a poial 7.5 uretres directly above the abutting interior sideand/or rear prcperlv lioe.

0 \Vhere adjacent lands are designated I¡rv or l\{ediun Densrty Residentiat, the heiglttof all nerv buildings" ivithin ?5 uretres of the property liue of these dtsignations, shall

June 12,2018

l':ge 1,ù +f 1ì

Page 23 of30

Agenda item e)

of 117

Report P.A.18-17

Repon: P..d. l6J3 De<Èüber 13.:û16Âppllcrdolr lo-{$eqd Offci¡¡ Plan snd Zoci¡g By-lrr

560 North Senice Ro¡d

üot be e5eater than I storeys abor¡e lhe existùrg adjacent buildings. or. if !'acflrt 'l

stcreys abor,'e the nrr:\irìnun permitted height in the adjacent designatiou.g) AlteruatiÌ'e concept plals including coruputer ger€ratÊd perspectii'es sltoil'ing the

ûËssing. orientation and tuban desig¡r of the l¡uilding as *'ell as streetscape $'itlìiüllrc context of lhe site shall be re$¡ired as part of aly applicatioü for High DensityResidential der,'elopnreut together n'ith fafüc, parkug. H1'drogeological. shadoning.sen¡icing and planning jmtifcatiou studies"

(:ompatibiliq' Discussion :

The ¡peciñc policies or Section -1.4.7.8 are intended to collectively arstre lhat *'lrere biglerdensilv development is proposed next to lo*'er densitv der¡elopnrent it is desigued in ¡ nur¡uertb¡t rvill aclúet¡e an acceptable level of compatibility- Figue 7 is an ilh¡stratioa of how llæprqposed building nreets the criteria establisbed by clatrses e) and $"

Figure ?: Cross Section of Building with Anplar Plare Desippt Require'melts

The applicant lr.rs also satisfied The requireurents of clause g) with the provision of the requisiterele¡'ant shdies.

Perqpective Draç'i¡¡gs

Conrputer ganerated perspectir,'e drawings luve bee¡r provided thrt ilhrstrate the buildùrgüüssing alrd relationship to the neigfrbouring built fonn as rvell as the architechue of thebuilding. Staff is satisfied with tl¡e architechu¡l details propsed for the building nnd horv it fts


June 12,2018

1".;e il i:1-

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Page24 of30

Agenda item e)

of 117

Report P.A. 18-17

Repon:. P.A. 16{3 De<ember t3. !At6Âpplicrtions to Auenit Officirl Þl¡n rnd ¿¡¡ing By-br

5ô0 No¡th Sen"ice Ro¡d

i¡ *.ith the approved plans and the area. This urattet $.ill be addressed in more detail ftring therer¡ie\v of site plans"

Trañc ordPuking

A Trrffic and Parking Review lvlenrorandruu ru.1s subüútted srryplemeutary to the study tltat çnsnrbr¡útted for tbe site previously that is l¡ased oû lhe reïisd plan. The smdy concludes tl¡at theprqposd chaûges to tlæ site (which can be prinarily surnnrarized by an increased nrmrber ofresideots tanrpered by the çlinrinatio¡ of the drir,'e tluougb facility) do not üraüatrt aûy cbang€s

to their coûclusior¡s and recsünreûdations contained h tbe June 201,1 TLS letter. Thereconuuend¡tions still sta¡d. Tl¡is has been assessed by the Þirector of Public \lrorks u'ho findsthe conchrsions accqrtable.

The cousultant calculates tb¡t the subject site's zouing bJ.law parkitrg requiraments are ûotsatisfied by the proposed pæking fl¡pply. Tlre site is considered tmdermpplied by approximately2 perceut o*-er the zoning by-l.lw parking reçirements,

He suggests that the unbundliug of parking for d¡e resideutial units is effectively nran"rging thesite's ¡esident parkmg denund and that cilffeût sales statistics su€gest thal the residmt pa*ingdenrand is approxiuately 36 p€rcent loç'er tl¡¡r u'hat is required by the Toun's zoning by-law.

He denronstrates tl¡åt the or"erall parkirg demand is reú¡ces çihere there is shred parking forwes lhat hare prtially conryatible dermnd pattenrs, Tlre pro'posed supply is thereforeacceptable.

Staf does uot object to the proposed reductior i¡ the parkiüg requireurent to the proposedmpplyof447 spaces.

Slndow lnroacts

the Official Plan reErires. rmde¡ certain circunstmces. the er,'aluation of a proposeddevelopnrent basod on the subnússion of a slu&w study. The intent is to gfl¡ge the ùrryact a

proposed building will lnve on adjacent areas that may be sensitive to a sl¡adorv inpactSeositire areas include pads. conmunal unenity areas- nrai¡ sfeets and gyotmd levelresidential private outdoor ameuity spaces.

The goal is to ensure tbat a proposed building does not ùrpact a se,nsitile âreå to f,trunaccçtable degree- Houever. the Officid Plaa does not have specific criteria to evaluate a

study. Ho*'e','er it is reasonable to cou¡nre the proposed shadow inr¡ract relatirre to the iorpactof the approved buildings. Fipxre I sn the follouing page ilhstrates the lvlnrch conrparison.

The sbadorv study illustrates tl¡at lhe inrpacts only occur ùnûg the Sfarcl¡ ?lo and April !,lstest periods and uo ilrpacts occur dnring the June 3l{ test period- The sfudy concludes that. inthe opinion of tbe author, the level of inrpact is reasonable md. according!1', the proposeddevelopmeot is compatible. Tfis conclusion afrpetrs to be consistent rvith crileria established byother nunicipalities nrch as Burlington. I\,Iississauga and Ottaqn.

It:prìJ*ilÌ


June 12,20'18

Page 25 of30

Agenda item e)

of 117

Report P.A. 18-17

R:port: P-å,. f64l


åp¡rlicariou roÂmaÈ Offci¡l Plll sd Zonilg Ayils56û l.tror& S¡rr¡ic: Ro¡d

June 12,2018

Decrûù€ l¡,2016

¡coil^rchltaölr

lrìclrl0 'S

ilORnl SERVICÊ ROADS}|AOOW 8IUOY IIARCH 21 3:0û Pm

I C O r,¡ I I 380 NORn'l gERYICE ROAO, €rursBY I '

^.19.!.t1ul!--r.Lc-_ I + sHAooNìrsruDvnAncHu ssopm I;,. -

figurre 8: lvfarch 21 12:00PM - Appcovcd Top, Proposed Bottonr

,r.r' .r'r r a

9rgr 13 efl?

Page26 of30

Agenda item e)

of 117

Report P.A. 18-17 Application io Revise the Approved Site Plan at560 Notlh Service Road

Repot: Þ-tr. ló-13 Decenrber ll. ?û16,{pplicadoa: ro Aurnd Ofûcisl ll¡¡ od 2sning 8y-lås

560 ì¡ort! Serr.ics Rord

ll¡itrd i¡¡pact

l$ind imprct analpis is not a reqr¡irenrent of the Grinrsby Official Pla¿ Horvever. the applicauthas corrurrissioûed a study that lrrs $¡bûútted to the Torun. The following is the cûûch¡sioDreîched by the consulta¡rt (Rowan Willianu Dar,'ies rt kwin Inc.)

"The propoaed derrelopnrent includes se!'erat positir¡e design fe¡hues for wind conrol (e.g..

setbacks at LÊl'el 2. recessed residential eûüaûces and landscapiug at tlre grde level and atLerrel 2 anreoity area). As a result. n¡itable wiûd co[ditious are generally expected along tltesidewalks. at parking areas and at perimet€r of the building.

Higher thur desired rviud conditions. and polentially rmcomfortable t'inds íu the *'iutet. are

expected at the building comers facing soutL the gap betuteeo Phase I and Phase ? buildiugsand at the eutances along the south façade of botl¡ buildiugs ilrd rsrth façade of Phase Ibuilding, Sunrnrer wind speeds at lærel 3 and 10 ortdoor aüeoity areas .1re also predicted to behiglrer than desired- Mitigation üËäsures a¡e reconurndrd lo enhance wind comfort at therborn mentioned areas-"

ût'erlook

Buffering along tlre northetl_v lot line will consist of r uoise n'all that rrns corstn¡cted for lhetoç'nhouse del'elorpnrent. aud trees w'hich, as ur"rhring. n'ill prol'ide exceptional screenilg.lbovethe noise u'all dtring tlre outdoor months. Staf finds this proposal acceptabte. Hol¡'el'er tl¡elandscaphg alo:rg tlre lortherly lot line nill be irr¡estigated ñ¡rther during the site plal review todeiemline if better screening sohtions can be inrplenreuted. Figure 9 illustrate this.

Figur e 9: Lrndscaping Along Nortlrcrly l"ot Lrne

Counnmitv Beneûts

Tlre Ptrnning Acf- Sectiou 37. {1) states th¡t tlæ council of a local municipalitymay, in a by-lawpassed undr sectio¡r J4. ¡t¡tborize increases in the herp¡ht and dasity of derelopuart otbenvisepu'mitted by the by-larv that rvill be pennitld in rettun for the prot'ision of such facilities.sen'ices orûrrtt€rs as tre s,et out in the bvlarv.

Fe¡e lJ r:f i ì

June 12,2018

Page27 of30

Agenda item e)

of 117

Report P.A. 18-17

R:pon: 9..À. l6-,t3 Decenbe¡ ll,201ó.{ppllcrtion: ro iluend OfÉcial Plan and Zoning B¡-þn

560 l.lorth Sen'ice Ro¡d

St¡f is cr¡freotly disctrsing the p,ror,'ision of couunwrity benefits rr,ith the applicant. It isrecoüilnended that the zooiûg al]r€od¡¡rent rot be passêd util this has been resolved and theconìnlunity hûefit is identified in the by-larv as required-

6.0 ZON'[\[GREGtTLdÏIONS

The zouing by-larv. together ñ'itl¡ site plan control, is a tool that is t¡sd to eosure tlrat theplicies of the Official Plan ¡re implanrented" Statr is s.ltisfed tb¡t the existiag 2sriqgregulations as modified by llre drafr ¡nrendnrent attached to this report as Appndlx 'B'inrplenreuts the policies.

7.0 cotYcl,t¡stoN

Staff is satisfied that substantial evidmce l¡as been presentd u'hich justifies such the proposed

¡nrendnrent to the Official Plan to peff¡it an ir¡crease in hight on lhe srùject lurds. TIreproposed anrendora¡t rqrreseuts good plaming. Il detenuining rvhether or uot the aurandnrertto the Plan is appropriate, regud has beer lnd to the Vision. and ilfunicipal Strucrure goals-

objectil'es and policies, under the lr,Iuricipal Stnrchue Section of the Official Plan. as uall as thepolicies. study requirements r¡d ernluatior criteria within the Residential Neigbbourhoods landuse category rmder Section 3- and the inrplzureotation policies found in Se.ction 9 of tlre OfücialPI¡n.

Planning staff is satisfied that fhe proposed del'eloplrcnt *'ill ¡ssist in achieving the deositytarget for designated greenñeld lads and satisfy the objectir,'e of achieving higher deûsify,traruit zupportirn and núxed use derrelop'arenûtedevelopment in location whe¡e it is iûteûded.The retised plrns co:rtribute to m efrcient use of la¡rds and senicing and the presence ofrecreatio¡ral rnrenities ¡nd serr''ices on tlre site and in the vicinity in tl¡e short rnd long tenn willrcinforce tbe seue of a conrplete couurunity-

Tlre itrplementatiou of the p,roposed plan u'il! be achie¡'ed tluougù the del'elopnrent approl'alpræess culminating in a der,clopmeut agreenrefi registered on title ¡nd a building peruút.

Accordingly staff recor¡unends the approvnl of the Oñcial Plrn an¡endnrant and 2cningrnreodmeut. The approval is nrbject to tl¡e "bonr¡sing" p,rol'isions of Section 37 of the pl¡mingAct rvhereby cou:nrunity benefits are to be provided in excb.rnge for the rdditional heigbt nboraq'haf is perüitted by the zoning b].larv" The zoniug atrendureot shor¡ld not be passed u¡tlil tûedetails of tl¡e cornruurity benefit ue detenuined as tbe beneft mrut be specified in tlte by-larv-

Prepared by: Respecürlly subnútted by:


June 12,2018

WalterBasic.Seoior Planner

Miclnel Seanran" tvICIP. RPPDirector of Plaming

Frg*ì:i*lli

Page 28 of30

Agenda item e)

of 117


June 12,2018

Rrporr: P3. 16-ll Dercnb¿r 13, !016.lpplcariou roAuerd OfñcidPtrl rdZoring 3y-hr

560 ldortL Scrr¡ic¡ Ro¡d

APPE¡ÍDff,'A'

DRAFT

PART IIL TIIE AI\{ET'IDMEI.¡T

THE AI{ENDMEI.TT

Clause 11.3.2.2 a) of the Oñcial Plm sball be rrylaced with the following:

'a) Tle rnaximum he¡ght of any building shall be 6 storep wtth fie followingexOeplions:i) The maximum height for a building at 560 Norh Service Road shall be

15 storeys-'

Pepe ld of i?

Page29 of30

Agenda item e)

of 117


Rrpon: P3. 16-.13 Decenber l¡, !016Applicüiotrs roAmtnd OfÍ.id pbr sdZodagBy-bu

5tl0 Norù Senke Ro¡d

APPEII{DIX'B'

DRAFTThe Corporatiou of the To¡lrr of Grtmsbl'

Bl'lnw No. l6-lüt

å B1-law to Amend B!.Law 14-15, as Amended

(560 Nortb Serr¡ice Road)

lì¡hereas the Couücil of The Corporatiou of the Toç.n of Grirnsby deeus it expedient to amend

ByJau No- 1445. as anlend€4

Therefore the Cormcil of tlre Corporation of the Torlm of Grinsby enacts as follou¡s:

1- Table l8: Pemritted Use, I"ot" Building md Stn¡ctwe Fxceptioæ of Section 9.0

Connrercial Zones of By-larv No- 1445, as nmended" is lrereby ñuther amended byadding tlre follouring clarces to the Descrþtion of Special Provisiøs I¡t" Building mdStn¡cture Exceptions cohrnn of Site Specific Exception Nunrbu 2?1:

a) MaximumBuildingHeigbt - 15 store]'sb) Minin*rmnumberofpartingspûces - 47

?. Prlrsüaût to Section 37 of the ?lanning Act whereby the council of a local municipalityûl¡]n, in a by-law passed under section 34, authorÞe increases in the heigþt and deosityof der,clopnrot otberwise pemritted by the by-law that will be permitted in return for thepovision of nrch facilities. serviccs or ¡¡atters as are set or¡t in tbe by-lau'. the incrcase

b heigbt authorized by clnrse I a) of this by-law shall be mbject to the prol'ision of tbe

follorvinga) )OOOOOO(

Read a first linre this )O( day of Deæmber. ?016.

Read a tbird time md faally passed this )O( day of Decotbs, 2016.

R. N. Bentley" Mayor

H. Soady-Erstor¡" Cte*

I,*g* lTofl?

June 12,2018

Page 30 of30

Agenda item e)

of 117

REPORT TO: N. DiFlavio Chairman & MembersPlanning & Development Committee

SUBJECT: Building Inspection Vehicle Replacement

DATE: July 10,2018

DBB-18-55022-28

Recommen dation

"RESOLVED, That Report DBE-18-4 dated July 10, 2018, be received and that one Nissan

Frontier SV be purchased fiom Parkway Nissan to replace the 2010 Chevrolet Colorado as

identified in the report."

BacksroundWe currently utilize a2010 Chevrolet Colorado mid-size pick-up truck to attend to construction

sites for inspection purposes and has been identified for replaced due to age and its mechanical

condition. A pick-up truck serves our inspections purposes on various construction sites at

various stages of construction while supporting a mobile workstation for the Building Inspector.

The Town's Rec Services have just received two new mid-sized pick-up trucks after reviewingvehicle specs and pricing as shown in Report DRS 18-17 dated May 29,2018.

Budset ImnactThrough tl're approved capital budget the clepartment's vehicles are replaced due to mileage, age

or condition and the current 2010 inspection vehicle is scheduled for replacement. The current

2018 vehicle reserve account has sufficient funding for this vehicle purchase.

SummaryThe replacement of two truck units is within the budget for 2018 and the quotes obtained satisfy

the vehicle requirements of the Depaltment. It is therefore recommended that the vehicle

pnrchase for Parkway Nissan be approved.

lly sr"rbmitted,

newille

Vendort ,:.

Parh¡/ay Nissan Niagara Motors

Make N issa n Nissan N issa n GMC

Model Frontier SV Frontier SV + Frontier SV Canyon SLE

Year 201,8 201,8 2018 201,8

Delivery 4-5 weeks in stock 2-4 weeks 8-1"0 weeks

Quote Amount (per vehicle) $30,850.00 s32,833.56 530,11r.81. s35,800.00

John S

Dire of Building & Enforcernent

Agenda item f)

of 117

DBE-18-65022-28

Recommendation

"RESOLVED, That Report DBE-18-6 regarding the Administrative Monetary Penalty System forMunicipal By-Laws, dated July 10, 2010 be received and that the attached draft By-Law be forwarded toCouncil for approval."

Info,rmation

In further attempts to reduce backlogs within the court system the Province expanded the Municipal Actto allow the Administrative Monetary Penalty System to be applied to municipal by-laws passed ihroughthe Municipal and Building Code Acts similar to the process set up to address parking reláted offencesl

The Municipal Act authorizes the Town to require a person, subject to such conditions as the municipalityconsiders appropriate, to pay an administrative penaþ if the municipality is satisfied that the person hasfailed to comply with any part of various by-laws established by the municipality.

We have reviewed the changed legislation in conjunction with the Town's Municipal Solicitor and draftedthe attached by-law to cover common areas of attention through by-law enforcement and those by-lawsinclude:

o Clean Yards ¡ Pool Enclosure. Graffiti . Property Standardso Handbills (Roadside signage) . Signs¡ Noise o Site Alteration¡ Nuisance o Zoning

Upon the success of enforcement and revenues retained within the Town the program may coverexpanded enforcement services and may be implemented for other By-laws such as Parks Use, AnimalControl, Fireworks and Open Air burning.

Summarv

Implementing AMPS for Non Parking Offences will allow for another tool available for EnforcementOfficers, Police and staff in resolving common complaint issues while keeping revenues within the Townrather than through the revenue sharing established through the Niagara Courts. AMPS tickets are aneffective encouragement to by-law offenders without the need to implement the Fees for Service By-Law

submitted,

Director Building & Enforcementohn

N. DiFlavio Chairman & MembersPlanning & Development Committee

AMPS Program for Non-Parking Offences

July 10,2018

REPORT TO:

DATE:

SUBJECT

Agenda item g)

of 117

The Corporation of the Town of Grimsby

By-Law No. 18-

A By-Law to establish a system for Administrative Penalties

WHEREAS Council deems it necessary to provide a system of administrativepenalties to promote compliance with its by-laws;

And Whereas Section 434.1(1) of the Municipal Act, 2001, SO, c 25, as

amended, authorizes a municipality to pass a by-law that may require a personto pay an administrative penalty if the municipality is satisfied that the personhas failed to comply with a by-law of the municipality passed under theMunicipal Act, 200I, SO, c 25, as amended.

And Whereas Section 15.4.1 of the Building Code Act, 1992 as amended,authorizes a municipality to pass a by-law that may require a person to pay anadministrative penalty if the municipality is satisfied that the person has failed tocomply with a by-law of the municipality passed under the Building Code Act,1992, as amended or an order of an officer avthorized under 15.2(2) or 15.3,2017, c.34, Sched. 2, s.IO of the Building Code Act,1992, as amended.

Now Therefor the Council enact as follows:

Part I

Short TitleThis by-law may be referred to as the Administrative Penalty By-law;

Definitions For the purpose of this By-law:

l.l"Administrative Penalty" means an administrative penalty established by aDesignated By-law;

I.Z"By-law" means this by-law and any schedule to this by-law as they may fromtime to time be amended;

l.3"Designated By-law" means each by-law that is designated by the Town as aby-law to which this By-law applies;

1.4"Director" means the person from time to time performing the functions ofthe Town's Director, Municipal Law Enforcement and Building Services;

1.5"Fee - Appeal No-Show" means an administrative fee from time to timeestablished by the Consolidated Fees and Charges By-law in respect of aPerson's failure to appear at the time and place scheduled for a hearing before aHearings Off,rcer;

1.6"Fee - Late Payment" means an administrative fee from time to timeestablished by the Consolidated Fees and Charges By-law in respect of a

Person's failure to pay an Administrative Penalty by the date on which it is dueand payable;

Agenda item g)

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l.7"Fee - Screening No-Show" means an administrative fee from time to timeestablished by the Consolidated Fees and Charges By-law in respect of a

Person's failure to appear at the time and place scheduled for a review by a

Screening Officer;

l.S"Consolidated Fees and Charges By-law" means the City's By-law 2018-020as from time to time amended;

l.9"Hearings Officer" means each hearings officer from time to time appointedpursuant to the Town's Hearings Officer By-law as from time to timeamended;

1.10"Off,icer" means each of By-law Enforcement Officer of the Town ofGrimsby or any other officer authorized to enforce this or any other by-law ofthe Town or a Constable or Police Officer.

1.1 l"Penalty Notice" means a notice given pursuant to sections 2.2 and2.4 (a);

I.l2"Penalty Notice Date" means the date specified on the Penalty Noticepursuant to subsection2.4 a);

1.13"Penalty Notice Number" means the number specified on the Penalty Noticepursuant to subsection 2.4 b);

1.14"Person" includes an

corporation;individual, partnership, association, firm or

l.l5"Screening Decision" means a decision made by u Screening Officerpursuant to subsection 2.6.6;

l.l6"Screening Decision Date" means the date on which a Screening Decisionis made pursuant to subsection2.6.6;

1.l T"Screening Officer" means each person from time to time performing thefunctions of a Screening Officer pursuant to this By-law; and

1.18"Town" means The Corporation of the Town of Grimsby

1.19"Town Council" means the Council of The Corporation of the Town ofGrimsby.

Part IIPenalty Notice

2.1EachPerson who contravenes a provision of a Designated By-law shall, whengiven a Penalty Notice in accordance with section 2.2, be liable to pay to theTown an Administrative Penalty in the amount specified by the Designated By-law, for each day or part of a day on which the contravention continues.

2.2 An Officer who has reason to believe that a Person has contravened anyprovision of a Designated By-law may give to the Person a Penalty Notice.

2.3 The Director may cancel the Administrative Penalty

Agenda item g)

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2.4 The Penalty Notice shall be given to the Person as soon as is reasonablypracticable and shall include the following information:

a) the date of the Penalty Notice;b) a reference number that is unique to that Penalty Notice;c) particulars of the contravention;d) the amount of the Administrative Penalty;e) such information as the Director determines is appropriate respecting the

process by which the person may exercise the Person's right to request a

review of the Administrative Penalty; and

Ð a statement advising that an Administrative Penalty will, unless cancelledor reduced pursuant to the review and appeal processes, constitute a debtof the Person to the Town.

2.5 A Person who is given a Penalty Notice may request that the AdministrativePenalty be reviewed by a Screening Officer pursuant to section 2.6.

Review by Screening Officer

2.6The following applies to reviews of an Administrative Penalty by a ScreeningOfficer:

2.6.1 A Person's right to request a review expires if it has not been exercised inthe manner prescribed in subsection 2.6.3 before 4:30 p.m. on the twenty-first(21st) day after the Penalty Notice Date.

2.6.2 A Person's right to request an extension of the time to request a reviewexpires if it has not been exercised in the manner prescribed in subsection 2.6.3before 4:30 p.m. on the forty-second (42nd) day after the Penalty Notice Date atwhich time:

a) the Person shall be deemed to have waived the right to request a review;b) the Administrative Penalty shall be deemed to be affirmed; andc) the Administrative Penalty shall not be subject to review, including review

by any Court.

2.6.3 A Person's rights to request a review and to request an extension of time torequest a review are exercised by giving to the Town written notice ofthe requestto review that includes:

a) the Penalty Notice Number;b) the Person's mailing address and, if applicable, facsimile transmission

number and e-mail address;c) in the case of a request to extend the time to request a review, the reasons,

if any, for having failed to exercise the right to request a review within thetime limited by subsection2.6.l;

d) particulars of all grounds upon which the request to review is based; ande) the Person's election to:

i. meet with a Screening Officer for the review; or toii. have the review undertaken by a Screening Officer in writing in respect of

the particulars provided by the Person pursuant to paragraph 2.6.3(d).

2.6.4 Where the Person elects to meet with a Screening Officer pursuant to clause2.6.3(e)(r), the Person shall be given notice of the date, time and place of thereview.

2.6.5 Where the Person elects to meet with a Screening Officer pursuant to clause2.6.3(e)(i) and the Person fails to appear at the time and place scheduled for a

Agenda item g)

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review or fails to remain at such place until the Screening Officer has made aScreening Decision respecting the Administrative Penalty the subject of thePerson's request for the review,

a) the Person shall be deemed to have abandoned the request for the review;b) the Administrative Penalty shall be deemed to be affirmed;c) the Administrative Penalty shall not be subject to review, including review

by any Court; andd) the Person shall pay to the Town a Fee - Screening No-Show.

2.6.6 Subject to subsections 2.6.2 and2.6.5, the Screening Officer may:a) extend the time to request a review; and mayb) cancel, reduce or extend the time for payment of the Administrative

Penalty and any administrative fees respecting that Administrative Penaltywhere the Screening Officer is satisfied that doing so would maintain thegeneral intent and purpose of the Designated By-law and that:

i. there is reason to doubt that the person contravened the Designated By-law;

ii. the person took all reasonable steps to prevent the contravention; oriii. the cancellation, reduction or extension of the time for payment is

necessary to relieve undue financial hardship.

2.6.7 The Screening Decision shall be given to the Person

2.6.8 The Person may appeal to a Hearings Officer against the ScreeningDecision pursuant to section 2.7.

Appeal to Hearings Officer

2.7 The following applies to appeals to a Hearings Officer against ScreeningDecisions:

2.7.1The right to appeal is limited to the following:a) a Person who has been given a Screening Decision pursuant to subsection

2.6.7; andb) the Director.

2.7 .2 A Person's right to appeal expires if it has not been exercised in the mannerprescribed in subsection 2.7.4 before 4:30 p.m. on the twenty-first (21st) dayafter the Screening Decision Date.

2.7.3 A Person's right to request an extension of the time to appeal expires if ithas not been exercised in the manner prescribed in subsection 2.7 .4 before 4:30p.m. on the fony-second @2nd) day after the Screening Decision Date at whichtime:

a) the Person shall be deemed to have waived the right to appeal;b) the Screening Decision and the Administrative Penalty as it may have been

affected by the Screening Decision shall be deemed to be affirmed; andc) the Screening Decision and the Administrative Penalty as it may have been

affected by the Screening Decision shall not be subject to review,including review by any Court.

2.7.4 A right to appeal is exercised by giving to the Town written notice of theappeal that includes:

a) the Penalty Notice Number;

Agenda item g)

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b) the Person's mailing address and, if applicable, facsimile transmissionnumber and e-mail address;

c) in the case of a request to extend the time to appeal, the reasons, if any,for having failed to exercise the right to appeal within the time limited bysubsection2.7.2; and

d) particulars of all grounds upon which the appeal is made.

2.7.5 The Person shall be given no fewer than seven (7) days' notice of the date,time and place of the hearing of the appeal.

2.7.6 Where the Person fails to appear at the time and place scheduled for a

hearing of the appeal:a) the Person shall be deemed to have abandoned the appeal;b) the Screening Decision and the Administrative Penalty as it may have been

affected by the Screening Decision shall be deemed to be affirmed;c) the Screening Decision and the Administrative Penalty as it may have been

affected by the Screening Decision shall not be subject to review,including review by any Court; and

d) the Person shall pay to the Town a Fee - Appeal No-Show.

2.7 .7 A Hearings Officer shall not make any decision respecting an appeal unlessthe Hearings Officer has given each of the Person, the Director and the Officerwho gave the Penalty Notice an opportunity to be heard at the time and placescheduled for the hearing of the appeal.

2.7 .8 Subject to subsections 2.7 .3,2.7 .6 and2.7 .7, a Hearings Officer maya) extend the time to request an appeal; and mayb) make any decision that the Screening Officer could have made pursuant

to this By-law.

2.7.9 The decision of a Hearings Officer is final and not subject to reviewincluding review by any Court.

Notice

2.8 Subject to section2.8.2, any notice or document respecting this By-law maybe given in writing in any of the following ways and is effective:

a) when a copy is placed on or affixed in any manner to a Person's vehicle;b) when a copy is delivered to the Person to whom it is addressed;c) on the third (3rd) day after a copy is sent by registered mail or by regular

lettermail to the Person's last known address;d) upon the conclusion of the transmission of a copy by facsimile

transmission to the Person's last known facsimile transmission number; ore) upon the sending of the notice or document or a copy thereof by e-mail

transmission to the Person's last known e-mail address.

2.8.I For the purpose of section 2.8, a Person's last known address, last knownfacsimile transmission number and last known e-mail address are deemed toinclude those provided by the Person pursuant to paragraphs 2.6.3(b) and2.7.4(b).

2.8.2 Any notice or document respecting this By-law to be given to the Townshall be in writing, shall be given in any of the following ways and is effective:

Agenda item g)

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a) when a copy is delivered to Town of Grimsby during its regular business

hours at 160 Livingston Avenue, Grimsby ON L3M4G3;b) on the third (3rd) day after a copy is sent by registered mail or by regular

lettermail to "Administrative Penalties, Town of Grimsby, PO Box 150,

160 Livingston Avenue, Grimsby ON L3M4G3";c) upon the conclusion of the transmission of a copy by facsimile

transmission to (905) 945-5010; ord) upon the sending of the notice or document or a copy thereof by e-mail

transmission to "[email protected]".

Part IIIF inancial Administration

3.1 No Officer who gives a Penalty Notice may accept payment of theAdministrative Penalty respecting that Penalty Notice.

3.2 An Administrative Penalty that is affirmed or reduced or in respect of whichthe time for payment has been extended pursuant to this By-law is due andpayable and constitutes a debt to the Town of each Person to whom or to whichthe Penalty Notice was given.

3.3 Where a Person has paid an Administrative Penalty or an administrative feethat is then cancelled or reduced pursuant to this By-law, the Town shall refundthe amount cancelled or reduced.

3.4 Where an Administrative Penalty or any administrative fees respecting thatAdministrative Penalty are not paid within fifteen (15) days after the date thatthey become due and payable, each Person to whom the Penalty Notice wasgiven shall pay to the Town a Fee -Late Payment.

3.5 Where a Person who is given a Penalty Notice and who does not pay theamount of the Administrative Penalty within 60 days of the Penalty Notice Date,the treasurer of the municipality may add the administrative penalty to the taxroll for any property in the local municipality for which all of the owners are

responsible for paying the administrative penalty, and collect it in the same

manner as municipal taxes.

General

3.6 The Director may appoint as Screening Officers such individuals and on suchterms as the Director considers appropriate.

3.7 Nothing in this By-law limits the Town's right to enforce a Designated By-law by all legal means.

3.8 It is Council's opinion that the delegations in this By-law to the Director toHearings Officers and to Screening Officers are of a minor nature. In formingthis opinion, Council has had regard to the number of people, the size ofgeographic area and the time period affected by the exercise of each delegatedpower.

Agenda item g)

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3.9 The consolidated Fees and Charges 2018-020 is further amended by addingto it's Schedule "D" Fees for Administrative Penalty noncompliance for bylawslisted in Part IV.

Part IVConsequential Amendments

4.1 Clean Yards 2017-017 , as amended be further amended by adding to 3.3.1

3.3. 1 3) Administrative Penalty Process By-law 2018 applies to each

administrative penalty issued pursuant to this By-law.

By deleting the text of its paragraph 3.1.4 8) and by substituting the followingsections:

8) lSSUE:

a) a fine to the owner of the property in accordance with Schedule

"8" of this by-law; or

b) a Administrative Penalty pursuant to By-law 2018- to each


Each person who contravenes any provision of this By-law shall,

upon issuance of a penalty notice in accordance withAdministrative Penalty By-law 2018- , be liable to pay to the

Town an administrative penalty in the amount of $200 for each

day on which the contravention occurs or continues.

4.2 Graffiri 2012-036, as amended be further amended by deleting the text ofits paragraph 4.b and substituting the following subsections:

4.b Where the owner or occupant fails to comply with an Order issued

under this by-law within the time specified for compliance is guilty of an

offence, the Chief Building Official or an Officer may issue:

a) a fine to the owner of the property in accordance with Schedule

"4" of this by-law; or

b) a Administrative Penalty pursuant to By-law 2018- to each


i. Each person who contravenes any provision of this By-law shall,

upon issuance of a penalty notice in accordance with AdministrativePenalty By-law 2018- , be liable to pay to the Town an

administrative penalty in the amount of $200 for each day on which the

contravention occurs or continues.

4.3 Handbills 2007-07 is amended by adding to its paragraph 2 the following

Agenda item g)

of 117

2l)Each person who contravenes any provision of this By-law shall,

upon issuance of a penalty notice in accordance with AdministrativePenalty By-law 2018- , be liable to pay to the Town an

administrative penalty in the amount of 5200 for each day on which the

contravention occurs or continues.

4.4 Noise 20ll-022, as amended be further amended by deleting the text of itsparagraph 5 and by substituting the following:

5. Offence and Penalty Provisions

a) Administrative Penalty Process By-law 2018 applies to each


b) Each person who contravenes any provision of this By-law shall, upon

issuance of a penalty notice in accordance with Administrative Penalty

By-law 2018- , be liable to pay to the Town an administrative

penalty in the amount of $150 for each day on which the contravention

occurs or continues.

c) Every person who contravenes any provisions of this by-law is guiltyof an offence and upon conviction is liable to a f,rne as provided in the

Provincial Offences Act R.S.O.1990, cP.33 s. 61 and to any other

applicable penalties as amended.

d) If this by-law is contravened and a conviction entered, the court inwhich the conviction has been entered and any court of competentjurisdiction thereaftet may, in addition to any other remedy and to any

penalty that is imposed, make an order prohibiting the continuation or

repetition of the offence by the person convicted.

4.5 Nuisance 20lI-02I, as amended be further amended by deleting the text ofits paragraph 6 and by substituting the following:

6. Enforcement:





By-law 2018- , be liable to pay to the Town an administrative



c) Every person who contravenes any provisions of this by-law is guiltyof an offence and upon conviction is liable to a fine as provided in the



Agenda item g)

of 117

4.6 Pool Fences 2008-059, as amended be fuither amended by deleting the text

of its paragraph 22(I) and by substituting the following:

22 (t)





By-law 2018- , be liable to pay to the Town an administrativepenalty in the amount of $200 for each day on which the contravention





4.7 Property Maintenance 2015-017 be amended by deleting the text of itsparagraph 7.lI and by substituting the following:

7.1 1 Penalty

7 .II.T



b) Each person who contravenes any provision of this By-law shall, uponissuance of a penalty notice in accordance with Administrative PenaltyBy-law 2018- , be liable to pay to the Town an administrativepenalty in the amount of $250 for each day on which the contravention



Building Code Act,1992 as amended and to any other applicablepenalties as amended.

4.8 Signs 1997-045 be amended by deleting the text of its paragraph 2.17 andby substituting the following:

2.17 a) Administrative Penalty Process By-law 2018 applies to each


b) Each person who contravenes any provision of this By-law shall, uponissuance of a penalty notice in accordance with Administrative PenaltyBy-law 2018- , be liable to pay to the Town an administrative

Agenda item g)

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penalty in the amount of 5250 for each day on which the contravention

oocurs or continues.




4.9 Site Alteration 2018-027 be amended by deleting the text of its paragraph

22 and 23 (Offences and Penalty) and by substituting the following:

Offences and Penalty



b) Each person who contravenes any provision of this By-law shall, uponissuance of a penalty notice in accordance with Administrative PenaltyBy-law 2018- , be liable to pay to the Town an administrativepenalty in the amount of $250 for each day on which the contravention





d) Every person who contravenes any provision of this By-law is guiltyof an offence and is liable for every day or part thereof upon which such

offence occurs or continues to a fine of not more than $5,000.00 on afirst conviction, and not more than $10,000.00 on any subsequent

conviction.

e) Every corporation that contravenes any provision of this By-law isguilty of an offence and is liable for every day or part thereof uponwhich such offence occurs or continues to a fine of not more than

$10,000.00 on a first conviction, and not more than $25,000.00 on any

subsequent conviction.

4.10 Zoning20I4-045 as amended be further amended by deleting the text ofits paragraph2.l0 Penalty and by substituting the following

2.10 Penalty



b) Each person who contravenes any provision of this By-law shall, uponissuance of a penalty notice in accordance with Administrative PenaltyBy-law 2018- , be liable to pay to the Town an administrative

Agenda item g)

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Provincial Offences Act R.S.O.1990, cP.33 s. 61 and to any otherapplicable penalties as amended.

Schedules Adopted

4.11 The Schedules referred to in this by-law shall form part of this by-law, andeach entry in a column of such a schedule shall be read in conjunction with theentry or entries across therefrom and not otherwise.

The provisions of this by-law shall take effect on 2018.

READ A FIRST TIME THIS day of ,2018.

READ A SECOND AND THIRD TIME, AND FINALLY PASSED THISof ,2018.

day

Agenda item g)

of 117

BY.LAW 18.SCHEDULE ((A))

ADMINISTRATIVE FEES

Note

The fees and charges as listed in this Schedule "4" to this By-law will be

subject to Harmonized Sales Tax (H.S.T.) where applicable.

FEE

20.0050.00100.00

ITEM

Late PaymentScreening No-showAppeal No-show (Hearing)

Agenda item g)

of 117

TOWN OF GRIMSBY OOOO1

Penalty NoticeFailure to comply with Municipal By-law

(Section 434.1, (1,) Municipal Act, 2001 as amended) and/or(Section 15.4.1 Building Code Act, 1-992 as amended)

(print name)

Believes and certifies that on the date ofM

Day Month Year Time

Name

Address:

Driver's licence no. Juris

Birth dateYear

ttttMonth Day

tttttMotor vehicle Collision

Sex involved involved

I ENo I ElYesDid commit the offence of:

Contrary toSect.

(By-Law #)

Short TitlePlate No Juris Commercial CVOR NSC Code

EYesEYes!Yes

CVOR NO.- NSC NO

A full copy of the above by-law is available atwww.grimsbv.ca please note the options for review on

reverse within 21 days of issuance.

And I further certify that I served a penaltynotice:n By affixing tonPersonally to individual identified above

f,served by regular mail onDate

ature of issuin Officer Number

lmportantYou have 2L days from the day you receive this notice to

choose one of the options on the back of the notice.

TOTAL PAYABLE

s

AMP PENALTY

Agenda item g)

of 117

TOWN OF GRIMSBY OOOO1

Pay: AdministrativeMonetaryPenaltyPayable to the Town of Grimsby, 160 Livingston Ave.,

Grimsby ON L3M4G3(Debit, Cash or Cheque at Town Hall Only) Credit Card via

Paymentus online ipn.paymentus.com/rotp/grmt or byphone 1-844-224-9327

Dispute:You can dispute your penalty notice if you feel you shouldnot have received the bylaw penalty notice.To do so, fill in the request and mail, email or bring it tothe Town of Grimsby before 4:30 p.m on the twenty-first(21't) day after the Penalty Notice date. Be sure to includeyour name, a daytime phone number, and the reason youare disputing your penalty notice.

lf it is beyond 21 days of the issue date, youropportunity to dispute the penalty notice ¡s lost.

Other fees which may apply:"Screening No-Show" fee of"Hearing No-Show" fee of"Late Payment" fee of

ss0.00s100.00s2o.oo

Bylaw Penalty Notices are not dismissed for frivolousreasons, such as:

o lou were unaware of the regulation. no one else has received a ticket for a similar

violationr lou have never received a ticket for this violation

before

REQUEST FOR REVIEW

Name:

Davtime ohone #:

Reason for disnute:

Email:

434.2 (1) An administrative penalty imposed by a

municipality on a person under section 434.1 constitutes a

debt of the person to the municipality.L5.4.2 (1) An administrative penalty imposed by a

municipality on a person under section 15.4.1 constitutes a

debt on the person to the mun¡cipality.

Town of GrimsbyPO Box 159, 160 Livingston Ave., Grimsby ON L3M 4G3

Phone:905-945-9634 Fax: 905-945-5010Bvlaw-Enforceme nt@ G rimsbV.ca

Agenda item g)

of 117

REPORT TO: N. DiFlavio Chairman & MembersPlanning & Development Committee

SUBJECT: Parking Enforcement Services for \ilLMH

DATE: Ju 10,2018

DBE-I8-7s022-28

Recommendation

.,RESOLVED, That Report DBE-18-7 regarding west Lincoln Memorial Hospital parking enforcement,

dated July 10, 2010 be ieceived and that the attached draft Parking By-Laws be forwarded to Council for

approval and that the Mayor and Clerk be authorized to sign the AMPS Parking Agreement for hospital

site parking."

Information

We have been approached by the West Lincoln Memorial Hospital. The Director of Communityprograms is seeking the Town's assistance in parking at the current site at #167 ly'rain Street East. The

nosiitat site is expJriencing parking problems such as parked vehicles blocking approaching ambulances,

damage to parking control equipment and parking abuse of courtesy parking spaces'

Because of the site concerns the hospital is undertaking revisions to the hospital parking arrangements

including repaving, re-lining, retnouãl of parking lot control devices and the installation of a pay and

display kiosk for all visitor and patient parking at the hospital.

In order to provide a level of parking enforcement to ensure pay and display be adhered to by people

utilizing thå parking lot, hospital administration has requested our assistance in the enforcement through

regular"patrols and ticket proòessing. Tickets issued will be processed in the same manner as any regular

paiking'infraction on a mùnicipal street with a parking ticket revenue to cover patrols and processing by

Town staff.

The hospital will be employing on site security for various internal duties including overnight and

weekend patrols of parking offences to ensure consistent on-site parking enforcement.

To accommodate the hospital parking needs the Town will require a parking agreement, a parking

appointment By-Law authorizing security staff to enforce on hospital property and a Parking By-Law

amendment to reflect the pay and display space (metered parking space).

Summary

The hospital's proposed changes to their parking arrangements will allow for a more efficient use of their

spaces while producing parking revenues from their Pay and Display program to be utilized within the

community hospital for services provided. The Town currently has enforcement and processing staff in

assistance to the hospital to achieve adherenceplace to

of & Enforcement

to their parking restrictions.

Agenda item h)

of 117

ADMIN ISTRATIVE MONETARY PENALTY AGREEMENT

THIS AGREEMENT (THE "Agreement") is dated the

-day

of 2018.

BETWEEN:

THE WEST LINCOLN MEMORIAL HOSPITAL

(herein aft er called "Hospital Security'')OF THE FIRST PART;

-And-

THE CORPORATION OF THE TOWN OF GRIMSBY

(hereinafter called "GrimsbY")OF THE SECOND PART.

WHEREAS the Town of Grimsby has passed Bylaw No. 16-82, being a bylaw to establish a

system for administrative penalties respecting he stopping, standing and parking of vehicles

(the "bylaw");

AND WHEREAS the Bylaw imposes, among other things, an Administrative Penalty for

contraventions of certain designated bylaws relating to parking;

AND WHEREAS a Officer may be appointed by Council pursuant to the bylaw for the

enforcement of the provisions of the by-law;

AND WHEREAS the Council for the Town of Grimsby has agreed to appoint Hospital Security to

be responsible for providing a Officer who will issue penalty notices for offences within a

,,parking metered space" define d in 2.22 of Bylaw L6-82, as amended and subject to the

applicable provisions of the Bylaw;

NOW THERËFORE, lN CONSIDERATION ofthe mutual covenants herein contained and for such

good and valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, the parties agree as follows:

1. The West Lincoln Memorial Hospital appoints Hospital Security to:a. lssue Administrative Penalty Notices for contravention of 2.22 Parking Metered

Space in the form of Penalty Notice to be used by the Officer to ensure its

consistency with the Town of Grimsby's AMPS system;

b. Be responsible for appointing a Officer, in the manner required under all applicable

laws, to attend or provide statements in all Screenings and appeals from a Screening

Decision issued by the Screening Officer to the Hearing Officer as required under the

Bylaw (collectively, the "services"); and

c. Provide such administrative assistance as the Town of Grimsby may reasonably

require to perform the Services'

2. Grimsby covenants in favour of the West Lincoln Memorial Hospital that:

a, The Screening Officer will administer the request for review subject to and in

accordance with the provisions of the Bylaw;

b. The Hearing Officer will administer the appeals for the Screening Decision subject to

and in accordance with the provisions of the Bylaw; and

c. lt will make available to the West Lincoln Memorial Hospital any information relating

to reviews or appeals heard by the Screening or Hear¡ngs Officer.

3. As consideration for the performance of the Services, the West Lincoln Memorial

Hospital recognizes that all proceeds of penalty notice and costs to enforce the AMP

system will be to the Town of Grimsby.

4. West Lincoln Memorial Hospital hereby indemnifies and save the Town of Grimsby

harmless from and against any and all costs, losses, liabilities and other claims that it

1

Agenda item h)

of 117

may incur as a result the Officer appointed by them.

5.ThisAgreementshallremaininforceandeffectfrom-untilandincluding(1 year term). The parties agree that the first year of this Agreement is a

form of pilot project and is subject to review by the parties at the end ofthe first therm.

This Agreement and the rights and obligations of each party contained herein may be

terminated by the non-defaulting party giving TEN (10) days prior written not¡ce to the

defaulting party forwith if the defaulting party fails to perform or observe any of its

material obligatìons or covenants under this Agreement and such failure continues

remedied for a period of TWENTY (20) days following notice thereof (giving particulars

ofthe failure in reasonable detail) from the non-defaulting party to the default¡ng party.

6. Save and except as for provided herein, the Town of Grimsby will be responsible for

administering the BYlaw.

7. TheprovisionsofthisAgreementshall enuretothebenefitofandbebindingupontheexecutors and administrators, successors and assigns ofeach party and all covenants,

liabilities and obligations shall be joint and several,

8. This Agreement may be executed in counterpafts, each of which when executed and

delivered shall be deemed to be an original, and such counterpartstogether shall

constitute one and the same agreement,

9. This Agreement and the rights and obligations thereunder are not assignable by any

party without the prior written consent of each of the other parties hereof.

10. This Agreement const¡tutes the whole and entire agreement between the part¡es hereto

with respect to the subject matter hereof.

11. Each of the parties shall from time to time hereafter and upon any reasonable request

ofthe other party, make or cause to be made all such further acts, deeds, assurances

and things as may be required or necessary to more effectually implement and carry out

the true intent and meaning of this Agreement.

lN WITNESS WHEREOF the parties have executed this Agreement as of the Effective Date'

West Lincoln Memorial HosPital

Per:

NameTitle:

Name:

Title:We have the authority to bind


Per:

Name:

Title:

Name:

Title:We have the authority to bind the Town

2

Agenda item h)

of 117


BY-LAW NO. 18-

A By-taw to authorize Security Officer and AdministrativeMonetary Penalty Agreement between west Lincoln Memorial

Hospital and The Corporation of the Town of Grimsby

Be it enacted as a By-Law of the corporation of the Town of Grimsby as

follows:

Whereas the agreement dated the day of ,2018 between The

West Lincoln Memorial Hospital of the Town of Grimsby and the Townof Grimsby, be and the same is hereby approved; and

2, Whereas the Mayor and Clerk be authorized to affix their hands and the

Corporate Seal; and

3. Now therefore this by-law shall come into effect immediately upon the

passing thereof.

Read a first time this day of ,2018.

Read a second and third time and finally passed this2018.

day of

Mayor

Clerk

Agenda item h)

of 117


By-law No.

A by-law to amend Parking and Administrative By-law

No. l6-82, as amended of the Town of Grimsby

1. Whereas the Council of the Town of Grimsby deems it expedient to

amend By-law No. 16-82, as amended being a By-law to regulate

stopping, standing and parking of vehicles on roads in the Town:

2. Thrt 2.22ParkingMetered Space subject to Other Provisions of By-law

16-82be amended by repealing 2.22.0I and replacing thereto with the

following:2.22.0I When offrcial signs are on display, no person shall park a

vehicle or permit a vehicle to remain parked in a metered space for a

longer period of time than indicated on the receipt produced by the meter

controlling such parking space and the said meter is in operation

2.22.02 Where timed parking receipts are permitted, the receipt willbe displayed on the dash where visible'

2.22.03 No person shall park a vehicle or permit a vehicle to remain

parked in such a manner that it is ¡ot wholly within the area designated

as a parking space unless the vehicle is ofsuch length as to render itimpossible to park it in one parking space, in which case the adjoining

parking space or spaces may, in addition, be used if the required metered

receipts provide for all such parking spaces so used'

3. That all other sections of By-law 16-82, as amended shall be deemed to

remain in force.

4. That this By-law take effect at such time as properly worded signs have

been erected and are on disPlaY.

Read a first time this daY of ,2018.

Read the second and third time and finally passed this

2018.

day of

Mayor

Clerk

Agenda item h)

of 117

Town of Grimsby: Section 37 lmplementation Guidelines

Policy Analysis

Prepared For: Town of Grimsby - Planning & Development Committee

With Copies To: Town of Grimsby - Council, Planning Department, SGL

Prepared By: A. Mottershead (Resident)

June 25,2018

Agenda item a)

of 117

t. lntroduction

With the presentation of the Section 37 draft guidelines at the last sitting of Grimsby's Planning &

Development Committee, it was a positive move forward in seeing that the Town is taking the necessary

steps toformalize in detailthis "planningtool" that in the eyes of the public, may be contentious.

After comments from both the public and Committee members in the "public meeting" component of

that evening's agenda, it was readily apparent that this document needed to have some clarifications

and corrections on matters it addressed or did not address'

ln the following sections, several key issues have been further identified that merit serious consideration

for inclusion. These "best practices" and other criteria ensure that the Section 37 is inclusive,

transparent and accountable to the public and other stakeholders,

2. Negotiations - Discretionary Working Group and Minimal Role for Aldermen/Council

ln report P.A. 18-18 which recommends the ¡mplementation of the draft Section 37 guidelines it is

stated in Section 5,0 (emphasis added):

"Finally, the Section 37 lmplementation Guideline document has been revised to

make the roles of Council. plannins staff. and the workins eroup in the Section 37

process clearer."

Section 1 (the "Preamble") of the draft guidelínes contains the following:

'The Town of Grimsby's Section 37 process ensures that the community benefits reflect

comrnunity needs, Appropriate communitv benefits are secured through existing communitv

needs studies or through a workins group, wherebv the Town planning staff. in consultation

with the Ward Aldermen, the applicant and local residents decide on the realm of appropriate

community benefits."

Subsequently in Section 5.3 of the draft guidelines it is stated that :

"A working group S.þgld be formed to recommend an appropriate community

benefit",

Section 5.5 of the draft guidelines entitled "Negotiation" consists only of the following short paragraph

"Town staff and the applicant will work cooperatively and respectfully throughout

the negotiation process. Town staff and the applicant will work to resolve disputes

in a timely manner."

The totality of these statements and guidelines clearly demonstrates that the working group is

discretionary based upon the decision of Town Staff. lt is suggested that replacement of the word

tGrimsby -Section 37 lmplementation Guidelines - Policy Analysis

Agenda item a)

of 117

,,should" by "shall" in Section 5.5 be co,nsidered to ensure that the community has an active role in

deciding what community benefits may be derived from any application of Section 37'

Further and of greater importance is that these paragraphs all but eliminate any role of the Ward

Aldermen in Section 37 negotiations, their role only becoming active if the currently optional working

group is formed. The minimal role of the Ward Aldermen in these guidelines is in stark contrast to the

mandated role in other municipalities, including those studied by SGL which was commissioned by the

Town for the Section 37 review.

The following chart (Figure L) is excerpted from the City of Toronto's Section 37 lnterim Study Findings

from January 20L4:

Figure I - section 37 Municipal overview (Gladki Planning Associates)

2

Pliofll¡ gir¡en ts

ôn-sile rr 11 lbù l,lcalâfea

Nùf sp€cdìed\¡ndÈr

reviçu

CiryPåaoú$g staË

fo coaråirìaTel l{i¡rdCour¡tillor to bÊ

coûs$lfed pr!o{ ¡û

rr¡,' discrtssiols orregùfiiìtioJls

flte¡(€{ ¡hri! t0.00o

9q DÌ:

Densi¡'utcrurseexceeds ! 500 sq tlr

CrIy ofTùrünlo

Plirullg ald Gro*'thlllar.lgrn¡eßt Êf¡ffto coùrdinâlel \\htdCourcillor to becon;rlted ¡rìor to¡nY disa$ssiù¡rs ûr

ûegoti.lliçltt

ÅpF opri¡(e geo-

¡raphit relrtiotsltipts ad&È!s ¡}ælú¡iÊs

â}]d sè$ites ¡¡ thelùcâl coûì¡mrnirr

To tË bi$ed o!¡''r^rpliâ value' --Iurerllrt¡ar¡.A¡ea 9l-(ûlEq ûr

0lùer flbil¡.q-rea$13ü'sq ut

{fÕ be dfl\rl] d,)i$}based on:eleutneeofzoûsgioP: rÈ1È¡¡-

tiÕü ofh¿ntigelI]lpleûrcûiationof¡:uÞlic l:ettcflts

\ri1lìi',t der.elqp$rer¡l)

Ciry ofClft¡r.ia Cir€¡ter [b,.1n 70Ûû

sq m:De¡ìsib,iîcrease is

lJðá of upre th,rn

0rhèrì\'isÈ per¡nitled

Plaru:ing al<! B+ild-j::g st¡fflo l€ad

dtscrss:ou*l 1l¡¡¡d

Cbmcillor nx¡st berorlsllèd pliür 10

¡nv resotiafim

Hig¡eit f, io1i['----Õ11

sile Ði: irruredirteucilïtt : nerit pr i,lnt-v

cor\ür¡urlirJ* b€ltÊñis(o iddrÊs6 ri!)'-lddeueeds

2ß409'o 0f the ifÌ-cre¡re fil I.ljxl tiìlr¡t

CttY ofllississauga

Cire.¡ttr (hãr¡ 500t1

s(t $1:.

Dansit,v i:tcrease

e;rceeds l50tlst1*t

HiEh€sr priûr'it:'-ôn-sile prcrlislo,t ofrolllulit-v betrefils :

next lerrel ofprioril!'-iftrnÈdi¡Îe ficidr*of ttìe rilÈ: f-ltr' $iclehenefiti to br con-

side¡ed g,'l¡ere ñnde;iígts

Not speÈified Plamilg stafo* are to.

be le3d ¡egofiilots:ìCbracillar(i) ¡o bÈ,

';l}!'o1eedì

GreatÊr lTrân -q0l)0

rq ilÌ:Dil5itï i'cteas€excetds 110Û sq tn

Cit-v oiltlarHl¡nr

I{iglr prioriç* for ol--ri[t tx ue¡f site con'¡-

mrr¡ritl,' l:er¡eits; highpf iÙti4' fi)t c¡t)'-lfíd€comlulliir berefits

Stiff r LÐllìttleÈchiured b,v Dlrðc-lor of De\:€lopûìeütSæ¡ices

No tluerhold speci- Not spcifiedCig ofBudi:r4rl

Hìgl¡Èt pdùrih,'-ít.lìlnediírle ',:i.iû-iF. nei't le,.'Èl-lùc¡¡ ùreí: Ciqt{Yideneedg trr be c.onsÍd-

ered vhere appropr!atè

li--ìio,á inc¡ease i¡hnd \,îhle

Plffioicg stat- tèlu.1r"18e ilegof iÍlli orri :

1\t¡¡d Cotu¡citlor to

bè cúsulted

Círy of\"aughror(?rÖposed)

Grerter rh¡n 1000q nll

Delleity i$crÈ¡se

rsceeds l0l)(r sq ul

Grimsby -Section 37 lmplementation Guidelines - Policy Analysis

Agenda item a)

of 117

The chart in Figure 1. clearly demonstrates that Ward Aldermen/Councilors are seen as an essential part

of negotiations and consultation with them is mandatory, even before any Section 37 discussion with

the developer and/or applicant. Given that the majority of municipalities are in agreement on this

point, this is clearly a best practice that has not been instituted in Grimsby's guidelines.

As Grimsby's draft guidelines currently stand there is no statutory obligation forTown Staff to

communicate or include the Ward Aldermen in the pre-negotiation stage or actual Section 37

negotiations, unless a decision is made to form the optional working group. This leaves too much

discretion in hands of the Town's Planning Department and is not inclusive of the Ward Aldermen and

the residents that he or she represents.

It is suggested that the draft guidelines include the provision that the Ward Aldermen must be consulted

prior to and during any negotiations, in congruence with protocol in Mississauga and other

municipalities, The rationale for this is that the Ward Aldermen are regularly in contact with his or her

constituents and has knowledge of readily identifiable community needs that might be addressed by any

subsequent Section 37 negotiations'

Additionally, to ensure transparency and that the community has a voice at the negotiating table the

respective Ward Aldermen should be able to exercise the privilege of attending any Town negotiations

with the developer and/or applicant. Based on the current "optional" nature of the community working

group, a proposed benefit or monetary value derived from initial negotiations with the involvement of

the Ward Aldermen would help scope the working group and bring greater efficiency to the overall

process.

3. Land Appraisals - Developer/Applicant Oversight

Also noteworthy ¡n the draft Section 37 guidelines is the rather ambiguous and unusual nature of how

and who conducts the land appraisal that will form the basis of negotiating benefits. ln the draft

guidelines submitted to the Committee, Section 5.4 "Monetary Value Determination" states:

,'lf an applicant proposes an amendment to the Zoning By-law that seeks an increase

in height and/or density, thev must c-onduct a land appraisal. The applicant will bear

the cost of the apprpis?l and select an appraiser from the Town's list of aualified,

independent real estate appraisers".

It is suggestive that it is the developer/applicant who enters into an agreement directly with the chosen

land appraiser with no detailed "Terms of Reference" on how the appraisal is to be conducted, This also

differs significantly from other municipalities, including those studied by the consultant, that have direct

oversight of the appraisal process such as Mississauga, Vaughan and Ottawa (Figures 2-4 respectively).

3Grimsby -Section 37 lmplementation Guidelines - Policy Analysis

Agenda item a)

of 117

2.2.2. Realty Services . Citv of Mississauga, will retain an

independent real estate appraiser to determine the

increased value of the land resulting from the height

andlar densitv increase based uoon Terms ofRet-erence provided by the City" The appraisal willserve as the basis for determining fair valure of the

Community Benefît. Thc City will charge the

developer for the cost of an appraiser, selected from a

list of qualified, independent real estate appraisers.

Figure 2 - City of Mississauga - Section 37 Guidelines (Appraisals)

The Real Division will retain of an ld for

eve inçrease, the

owner mãy wish to initiate a second appraisal, at their own expense, from a Oity approved list ofappralsers and baçed on the same terrns of reference as the first appraisal-

Figure 3 - Town of Vaughan - Section 37 Guidelines (Appraisals)

5,2 lndlvtdualapPralsa:ls

For areas o*tside of the two qeoqraphic zones . an individuala will be

undertalçen þ the $ervices branch and to the Planni , lnfrastructure

and c Ðevel lf the Owner disagrees the uplift value

based on the above, an egreed upon Terms ni Reference witl be estabtished, between

the Ci$ and the Owner, and the Ci$ wi:ll hire e l-and Evaluaton tn undertake an

individual land appraiEal at the Owner's êxpense,

Figure 4 - City of Ottawa - Section 37 Guidelines (Appraisals)


Agenda item a)

of 117

While one should have faith in the integrity of an independent appraiser, as with any discipline dealing

with valuation, no one is beyond reproach. The sheer ambiguity of the appraisal requirements and the

lack of arm's length of the appraiser from the developer/applicant may lead to "undue influence"

resulting in undervaluation and fettering the integrity and value derived from the Section 37 negotiation

process.

A clear and definítive Terms of Reference should be developed and the guidelines should clearly indicate

that it is the Town that will have oversight of the appraisal and that a developer/applicant would fund

this appraisal in advance. lt would be remiss to leave appraisals, a very financially sensitive aspect of the

Section 37 process, in the hands of developers who are seeking a proposed increase in height and/or

density, This may lead to unnecessary disputes, as which will be discussed in the next section,

4. Land Appraisals - Lack of Dispute Resolution

Based on the current guidelines there is little direction and co-ordination of how disputes should be

resolved in regards to the appraised values. Whether the Town does implement the changes or

clarifying language to maintain oversight of the appraisalor leaves appraisals in the custody of

developers, there is bound to be disagreements resulting from appraisals.

On the matter of disputes, the draft guidelines simply state "Town staff and the applicant will work to

resolve disputes ¡n a timely manner". While this does strike a positive and proactive tone, there is little

direction as to how disputes arisíng from valuations can and should be resolved.

Returning to the prevíous comparisons of Mississauga, Vaughan and Ottawa their guidelines are once

again presented as Figures 5-7, respectívely on the next page, with the dispute procedures highlighted:

-- CONTINUED ON NEXT PAGE

5Grimsby -section 37 lmplementation Guidelines - Policy Analysis

Agenda item a)

of 117

2.2"3 City staff and .the applicanl will wcrk ccoperatively

and respectfully in the neguïiatåon prû$os$. In the

event that he applicant does not aËree with the Cityhe çr she rnay initiat*, at {heir üsrn

a secnncl the Ciry's epproved list afappr*isers subject to the $ame Terms of Reference as

the nriginal *Þpraisal" City staff and the applicant

witrl attcmËt ts resolve disÐutes in n timelv manner

through the comparison CIf the two appraisals and

rel$vant facTurs such as data soilrçts, fl$sllmÐtions eÍç"

Realty Services staff will c*nfirm in writing t* the

Flanner when the is satisfactory.

Figure 5 - City of Mississauga - Sect¡on 37 Guidelines (Appraisal Disputes)

ïhe City's Real Eetate Division will retain the serv[ces of an appraiser to be paid fot by theowner/developer to determine the increase in the value of land resulting from the increase in

height and/or density, þased on a terms of reference to be prepared by Çity staffa dis between the and the own on the value of the e

Figure 6 - Town of Vaughan - Sect¡on 37 Guidelines (Appraisal Disputes)

5.2 lndivi:dual appraisals

For areas sutsidç cf the tvøo geographic zones, an individuel appraisal v'¡ill be

undertalçen by the Reatt''y $ervices branch and prov[ded to the Flanning, lnfrastructure

and Economic Sevelopment dePa rtment. lf the Owner dlsagrees with the uplift value

based on the abÐve, an egreed upon Terms of ,Reterence wiÍl be established between

the City and the Õwner, and tllE City wilt hire a

indivtdual land appraisatat tlåe Owner's expËnse"

Figure 7 - City of Ottawa - Section 37 Guidelines (Appraisal Disputes)

6Grimsby -section 37 lmplementation Guidelines - Policy Analysis

Agenda item a)

of 117

Once again, we have an almost uniform application of a dispute resolution policy in terms of land

appraisals and valuations. With such best practices already employed by other municipalities, it is

unknown why this was not addressed in the guidelines presented to the Committee.

Mr. Lowes of SGL did briefly mention appraisal disputes in his most recent presentation to the

Committee and this further underscores the need to clarify this area in the guidelines. There should be

a clear and concise demarcation of when and how disputes related to Section 37 land appraisals are to

be handled.

5. Conclusion

The draft Section 37 guidelines so far brought forth have done a great deal to clarify and formalize the

Section 37 process in Grimsby, The fact that these are being referred to as "draft" guidelines infers that

they are a work in progress with further refinement needed. As a proposed amendment to the Town's

Official Plan, the guidelines should be comprehensive and leave no matter unaddressed.

This document has attempted to examine various shortcomings of the draft guidelines that previously

were not explored at the last Committee meeting. lt is evident that clarifying language should be

introduced into the guidelines that strengthens and codifies the role of the Ward Aldermen, retains

Town oversight of the appraisal process and sets out a clear and unambiguous dispute resolution policy

for appraisals and valuations.

By refining and implementing clear, concise and complete Section 37 guidelines in the form of an Official

plan Amendment, the Town can ensure that it will be positioned strategically, but fairly, to share in the

benefits with all stakeholders in a transparent, inclusive and accountable manner'


Agenda item a)

of 117

COROPRATION OF THE TOWN OF GRIMSBY

PUBLIC MEETINGMinutes of a Public Meeting held on Tuesday June 19,2018, at 7:00 p.m. at the Town

Hall Council Chambers.PRESENT: Alderman N. DiFlavio, Alderman

Alderman M. SeabornAlderman J. JohnstonAlderman D. Wilson

Mayor R.N. BentleY

Member J.D. Finch

Member K. AgnewMember J. Gillespie

ALSO lN ATTENDENCE: Alderman D. Kadwell

STAFF: W. Basic, Deputy Director of Planning, A. Shanks, Planner 1, D. Maiden,

Junior Planner, B. Verrecchia, Assistant Heritage Planner & N. Simon, Zoning

C lerk/Ad m i n istrative Assista nt

Prior to the Public Meeting the Chair noted the following:

lf a person or public body would othenruise have an ability to appeal the decision of the

Council of the Town of Grimsby to the Local Planning Appeal Tribunal but the person or

public body does not make oral submissions at a public meeting or make written

submissions to the Town of Grimsby before the proposed Official Plan and Zoning

Amendment is adopted, the person or public body is not entitled to appeal the decision.

lf a person or public body does not make oral submissions at a public meeting or make

written submissions to the Town of Grimsby before the proposed Official Plan and Zoning

By-law amendment is adopted, the person or public body may not be added as a party to

the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion

of the Tribunal, there are reasonable grounds to add the person or public body as a party."

Zon¡nq Amendment & Official Plan Amendment - Section 37 Gommunitv Benefits

The purpose of the Public Meeting was to hear the comments of the residents with respect

to a Zoning Amendment and Draft Official Plan Amendment. Notification of the public

meeting was posted in the Grimsby Lincoln News on May 31,2018'

Agenda item a)

of 117

p. Lowes, SGL Planning Consultants lnc. was in attendance in support of the applications

p. Lowes - Mr. Lowes presented background information to the Committee regarding the

purpose of Section 37 of the Planning Act. He noted that Section 37 authorizes municipal

councils to permit an increase in height or density in exchange for the provision of

community benefits. He stated that landowners can still make applications for increases

in height and density, but without implementation of Section 37 municipal councils do not

have the authority to ask for community benefits. He noted that the implementation

guidelines in his report include transparency to assess bonusing, security of community

benefits, and a working group composed of members of the public to assess what the

benefits should be. He stated that the guidelines are a framework and give a range of

community benefits. He noted that the public comments from the Open House are

reflected in his recommendations. He stated that in 2009 when the Official Plan was

developed the Town was not experiencing high density development. The change to

higher densities is also reflected in his report. ln addition it makes sense to include

cultural heritage landscapes in the guidelines for community benefits, Community

benefits could encourage a developer to restore or preserve a heritage building' The

clause regarding protection of views and natural heritage system has also been removed.

D. Bothwell - 515 Winston Road #7 - Ms. Bothwell raised some technical points

. page 30, 5.4 Monetary Value Determination - "As set out in Section 3.2 ..." should

be corrected to read, "As set out in Section 4'2 "'" '

. Pag e 32,7. Administration - "An annual report "should be" distributed to Council...

outlining the contributions and community benefits funded.,." This should read, "an

annual report WILL be..,", to be fully transparent to the public a mandatory annual report

is required. As well, wording should be included under Administration that these

guidelines will be reviewed at least once during the term of Council (every four years).

. Section 9.4 of the OPA should include wording that "the Town may develop

guidelines to support the implementation of the bonusing provisions of this Plan to ensure

a transparent and equitable process."r ff "Bonusing Justification Report" explaining the rationale for increased

height/density should be required as part of the "complete application" under Section

9.12.3 of the OP and included in the amendment (similar to Newmarket)'. The requirement for an appraisal (as applicable) wording needs to be included as

part of a "complete application" under Section 9.12.3 of the OP and included in OPA (as

stated on pg 31 of the guidelines, "The appraisal must be included with the application

submission").

Agenda item a)

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. The specifics of how the appraisal should be calculated (using base gfa/uplift gfa)

should be included in the Section 37 guideline document as a terms of reference for any

independent apPraiser.. The Ward Aldermen should be included in the initial negotiations to determine the

value of the community benefit as they are most aware of the potential negative impacts

and community needs.. lf an OPNZBA, or minor variance, to further increase the approved height or

density of the development, is subsequently brought fonruard, the original

appraisal/valuation must be redone and the Section 37 agreement must be re-negotiated'

wording to this effect should be included in the guidelines.. pg 32 - "For large developments, cash payments may be phased, subject to

planning staff recommendation and Council approval." The initíal land value should be

based on the Phase 1 site plan and each additional phase should be appraised at the

time of building permit issuance. Some phases take years, and the appraisal valuation

significanfly increases. The value of contributions should be indexed with the Stats

Canada Construction Price lndex from the date of the agreement to the date of payment'

. On page 7 "As noted previously... staff recommend that Section 11.3.3.2 a) be

removed from the OP as part of the OPA that is adopted by Council." The Purpose of the

Amendment (pg 19) #2 and the OPA as prepared (pages 21-23) do not include wording

to remove 11.9.3.2 a). This should be included on page 19 and page 23 of the OPA.

. OpA 9,4.6 "Where heights and/or densities set out in the Town of Grimsby Zoning

By-law are proposed to be increased UP TO THE heights and/or densities permitted in

this Plan, or as permitted by an approved OPA, Council shall require community benefits

in exchange for the increased height and/or density provided the tests of Section 9'4.2

are met."

Table 1 (page 28) states, "These designations set out the maximum height and density

requirements...zoning by-law amendment may be permitted UP TO THE MAXIMUM in

Table 1, provided appropriate community benefits are received in accordance with this

guideline."It states UP TO THE MAXIMUM is required to provide community benefits. Does this

mean developments BETWEEN the min and max heights/densities are required to

provide community benefits? Should it state, ABOVE THE MAXIMUMS in the Table?

. Table 1 does not include the approved GO Secondary Plan area heights and

densities. These should be included.. Table 1 should include absolute maximum height and density thresholds for

bonusing - similar to Newmarket where they show the min/max and discretionary

heighydensity with bonusing, This clearly sets the upper limit for any development and

tells the developer just how much "wiggle room" there is between the "max" and the

"discretionary max" on a case-by-case basis. The sky is not the limit and by putting this

Agenda item a)

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language into the OPA and guidelines, it sets the stage for Council to have solid footing

if challenged at the LPAT.

There being no further comments the Chair requested clarification on the following

questions:. Ranqe of Minimum and Maximum - Mr. Lowes responded that Section 9.6 sets

out the maximum density and height for each zone, there could be zoning

amendments that could be applied for and change this'

Phasinq of Appraisals - should this be added to the guidelines and requirements

for complete application - we do have phasing for appraisals. To renegoitiate

agreements at different phases would be difficult to accomplish.

a

There being no further business the meeting adjourned at 8:25 p.m

Alderman N. DiFlavio, Chair M. Seaman, Director of Planning

Agenda item a)

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Grimsby Economic Development Committee Meeting

Minutes

Town Hall Council Chambers

160 Livingston Avenue

June 27, 2018

Present:

Regrets:

Alderman M. Seaborn, Chair

R. Blackie

A. Northcott

A. Wichartz

K. Letourneau

Z. Ouzas

M. Wood

D. Sexton, Ald. J. Dunstall & A. Northcott

Staff: M. Seaman, Director of Planning & D. Maiden, Planner 1

1. Call to Order

a) The meeting was called to order at 12:07 p.m.

2. Disclosure of Pecuniary Interest

a) There were no disclosures of pecuniary interest.

3. Minutes

a) Minutes of the Meeting Held May 23, 2018

The Committee reviewed the minutes of the meeting held on May 23,

2018.

Agenda item b)

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Grimsby Economic Development Committee June 27, 2018

4. Reports

a) Welcome Centre Update

Ald. Seaborn gave an update on the Welcome Centre. She noted that

Leigh Jankiv, Executive Director for the DIA is staffing the kiosk

approximately 3 mornings a week. She stated that there is a need for

more tourism information for the booth. People are also looking for

coupons that can be utilized in Grimsby. Currently staff are looking

for a suitable part time person to fill the Thursday and Saturday time

slots. Mr. Seaman stated that staff are having difficulty finding

someone to work these hours. He suggested that perhaps a job

sharing with the recreation centre might provide a solution to the

problem. The Committee discussed ways to measure the success of

the project including the need for accurate statistics to be compiled,

distribution of market bucks which could later be counted and other

possible incentives to get people to the downtown area. Member

Wichartz suggested building an online presence using Instagram and

a possible photo contest.

b) Distribution of Welcome Brochure

Ald. Seaborn noted where the brochures had been distributed and

suggested that committee members might want to undertake

distribution in the west end.

c) Façade Improvement Promotion at the Market – September

M. Seaman suggested that staff could organize a walking tour of the

façade program for market day and host a booth at the market.

5. New Business

The Committee discussed holding an event at town hall to showcase “How

GEDAC Drives Business” which would include the Façade Program and

the Welcome Centre, possible inclusion of partnerships was also

discussed.

Page 2 of 3 Agenda item b)

of 117

Grimsby Economic Development Committee June 27, 2018

6. Adjournment

a) The next GEDAC meeting is scheduled for August 29, 2018.

Alderman M. Seaborn D. Maiden, Planner 1

If you require any accommodations for a disability in order to attend

or participate in meetings or events, please contact the Accessibility

Advisory Administrator at 905 309-2003 or hsoady-

[email protected]

Page 3 of 3 Agenda item b)

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Heritage Grimsby Advisory Committee Minutes

Town Hall Council Chambers

160 Livingston Avenue

July 4, 2018

Present:

Regrets:

Alderman J. Dunstall, Chair

Alderman N. DiFlavio

R. Paola

A. Brabant

P.V. Hoad

Staff: M. Seaman, Director of Planning & J. Hogg, Planner 1

1. Call to Order

a) The Chair called the meeting to order at 6:00 p.m.

2. Disclosure of Interest

a) There were no disclosures of pecuniary interest.

3. Minutes

a) The Heritage Grimsby Advisory Committee received the minutes of

the June 5, 2018 meeting.

4. Delegations

a) 33 Victoria Terrace - Leo Rosetto, Nicole Patterson, David Cuming

MCIP, MRTPI, RPP, CAHP

N. Patterson addressed the Committee, and requested additional time

to the 10 minutes normally provided to delegations. The request was

denied and the committee requested that the delegation proceed. N.

Patterson explained her position that the dwelling was visited prior to

purchase, at which time she was advised that it was unliveable, and

Agenda item c)

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Grimsby Heritage Advisory Committee July 4, 2018

should be condemned. N. Patterson advised the Committee that she

had checked with Town Staff to ensure the property was not

designated, or on the Register and was informed that it was not on the

Register at that time. She stated that she was not advised of the

Town's decision to have the Designation Report peer reviewed, and

that there are multiple errors contained within the report. N. Patterson

also stated that there were multiple changes to the report from the

time she received it, to when it was published on the agenda.

David Cuming, then addressed the Committee. Mr. Cuming stated

that he had peer reviewed a previous version of the Designation

Report, and not the one on the agenda currently. Mr. Cuming is of the

opinion that the dwelling satisfies none of the criteria to warrant

designation. He also advised the Committee that the dwelling has

been extensively damaged and that there is no evidence that the

dwelling could be considered a landmark. Mr. Cuming urged the

Committee not to act on the Staff Report.

5. Reports

a) G.H. 18-04, Designation Report, 33 Victoria Terrace

J. Hogg gave a presentation on the development history of the

property, as well as the historical significance of the Grimsby Beach

area, and the Chautauqua movement. J. Hogg advised the Committee

that the Designation Report had been revised based on the contents

of Marcus Letourneau's memorandum.

M. Seaman indicated that the statement of significance contained in

the Report would no longer include the decorative sunburst

bargeboard on the rear elevation, which has recently been removed.

Committee members inquired as to the condition of the building, if

heritage grants had been considered by the owner, and the zoning and

setback information for the property with regard to new construction.

Alderman J. Dunstall stated that it was his opinion that the dwelling

still retained a cottage appearance, and that demolition would

diminish the area, and encourage other property owners to do the

same. He indicated that he viewed this as an opportunity to improve

the area.

Page 2 of 5 Agenda item c)

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GH-18-17

Moved by Ald. N. DiFlavio; Seconded by A. Brabant;

Resolved that Report G.H. 18-04 regarding the recommendation that

33 Victoria Terrace, be designated under Part lV of the Ontario

Heritage Act, be received:

And that the Heritage Grimsby Advisory Committee recommends

that the property known as 33 Victoria Terrace be designated under

Section 29, Part.IV of the Ontario Heritage Act and a notice of

intention to designate be issued.

CARRIED

6.

a)

7.

a)

Closed Session

Closed Session under Sec. 239(2)b of the Municipal Act 2001,

personal matters about an identifiable individual, including municipal

or local board employees - Heritage Trust Awards

GH-18-18


RESOLVED that the Heritage Grimsby Advisory Committee retire

to a Closed Session to discuss personal matters about an identifiable

individual, including municipal or local board employees - Heritage

Trust Awards.

CARRIED

Open Session

Return to Open Session

GH-18-19

Moved by A. Brabant; Seconded by Ald. N. DiFlavio;

Resolved that the Heritage Grimsby Advisory Committee return to

Open Session.

CARRIED


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b)

G.H 18-03, Call for Nominations, Ontario Trust Awards GH-18-20

Moved by A. Brabant; Seconded by R. Paola;

RESOLVED, That G.H. 18-03 be received and that the nominations

put forth by the Heritage Grimsby Advisory Committee for

Lieutenant Governor's Heritage Awards, 2018 be supported by a

resolution of Council.

CARRIED

8. Memorandum

a) Heritage Register Update

J. Hogg gave a short presentation on the properties proposed to be

added to the Municipal Heritage Register.

The Committee had a short discussion on the locations of the

properties, and others that could be of significance. GH-18-21

Moved by A. Brabant; Seconded by Ald. N. DiFlavio;

Resolved that the list of properties included in the July 4, 2018 staff

memorandum regarding the proposed additions to the Heritage

Register be listed on the Town of Grimsby Municipal Heritage

Register.

CARRIED

9. Correspondence

a) Correspondence Regarding 33 Victoria Terrace Designation Report

The Committee received the correspondence package.

10. New Business

a) The Committee inquired about the status of 133 Main St. E.

J. Hogg provided an update regarding the progress of the project.

b) Heritage District Study for Grimsby Beach

M. Seaman addressed the Committee regarding the advantages of

establishing a Heritage District Study for the Grimsby Beach area. GH-18-22



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Resolved that the Heritage Grimsby Advisory Committee

recommends that a terms of reference be developed for establishing

a Heritage District Study for Grimsby Beach.

CARRIED

11. Adjournment

a) There being no further business, the meeting was adjourned at 7:49

p.m.

Ald. J. Dunstall, Chair D. Maiden, Planner 1

If you require any accommodations for a disability in order to attend

or participate in meetings or events, please contact the Accessibility

Advisory Administrator at 905 309-2003 or hsoady-

[email protected]


of 117

TOWN OF GRIMSBY Planning & Development …...TOWN OF GRIMSBY Planning & Development Committee Agenda...

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